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HomeMy WebLinkAboutCEB 122016 Minutes Code Enforcement Board Minutes – Final Draft December 7, 2016 at 9:00 a.m. Board of County Commissioners Building and Code Regulation Division Commission Chambers I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:00 a.m., by Mr. Fogg. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Chairman……………………………………………………….………..Mr. Ralph Fogg Vice-Chair………………….……………………………….……….......Mr. Randy Murdock Board Members...…………………………………………………….….Mr. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Brad Currie …………………………………………………………………………...Mr. Patrick Campion Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: None. IV. APPROVAL OF MINUTES – NOVEMBER 2, 2016 Mr. Taylor made a motion to accept the minutes of NOVEMBER 2, 2016. Mr. Hofmann seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official…………………………………………………………Carl Peterson Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Lynn Swartzel …………………………………………………………………………....Monica Vargas Barrios ……………………………………………………………………………Bea Goycochea ……………………………………………………………………………Mirlande Moise St. Lucie County Business Navigator..…………………………………...Peter Jones Board Secretary.…………………………………………………………..Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Bea Goycochea, Mirlande Moise, and Peter Jones were sworn in. VI. PUBLIC COMMENTS: None. 2 VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien _______ Satisfaction of Fine and Release of Lien – Paul A. Dickert – Case No.70938 Satisfaction of Fine and Release of Lien – Henrettia Boston (EST) – Case No. 51221 Satisfaction of Fine and Release of Lien – Henrettia Boston (EST) – Case No. 51540 Satisfaction of Fine and Release of Lien – Frank R. Bonfield (EST) – Case No. 81033 Request for Fine Reduction Hearing_________________________________________________________ Request for Fine Reduction Hearing – Jamie M. and Yolanda N. McNair – Case No. 83214 Request for Fine Reduction Hearing – Garland G. Corley – Case No.36952 Rescinding of Findings of Fact, Conclusion of Law and Order____________________________________ Rescinding of Findings of Fact, Conclusion of Law – FV-1 INC. – Case No. 88519 Mr. Campion made a motion to approve and accept staff’s recommendation as presented. Mr. Taylor seconded and the motion carried unanimously. VIII. VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 87098 749 E Prima Vista Blvd., Port St Lucie Elimise Julien and Lormira Finhomme 87413 10851 S Ocean Dr. Lot 75, Jensen Beach James and Lisa Clark 87611 120 SE Castana Ct., Port St Lucie Daker Investment LLC 87904 2502 Rolyat St., Ft. Pierce Jeff R and Stacey M Langel 88460 2801 N US Hwy. 1, Ft. Pierce LCMM LLC 88462 2801 N US Hwy. 1, Ft. Pierce Metro PCS 88686 5010 Sanibel Ave., Ft. Pierce JOC Properties Inc. 87659 5818 Palmetto Dr., Ft. Pierce Stephanie Plambeck 87325 5413 Raintree Trail, Ft. Pierce Patricia L. Sines Walker 89298 5300 Matanzas Ave., Ft. Pierce Telisha A. Jones 89309 505 N 44th St., Ft. Pierce Emiliano Covarrubias and Flora C. Martines 89137 2002 S 35th St., Ft. Pierce Clifford H. Barnes 89908 806 North Lake Dr. Apt. B., Ft. Pierce Jamie M. and Yolanda N McNair Case No. 84989 was heard first on the agenda: Case No. 84989, Location of violation, 208 Rouse Rd., Ft. Pierce, FL, Property Owner, John and Louise Cross. John Cross, the property owner was sworn in by the Board’s Secretary. Officer Williams addressed the Board and stated for the record she is re-submitting two (2) photos dated September 11, 2015, two (2) photos dated December 1, 2015, one (1) photo dated March 1, 2016, and submitting three (3) photos dated September 6, 2016. She stated this case has been continued numerous times due to the property owner trying to bring the property into compliance after having to evict the person who caused the violations. She stated since the violation of Section 38-26, for having outside storage of items and material such as pallets and other miscellaneous items and Section 42-103, formally known as Section 1-12-17, for not having a Business Tax Receipt License for a storage facility have not been abated as of today’s date. She stated Mr. Cross is here today to update the Board on his progress. Mr. Cross addressed the Board and informed them of the different ways he is trying to get the pallets removed from the property and the enormous expenses involved. 3 There was discussion among the Board, staff and Mr. Cross regarding the progress on abating the violations on the property. Mrs. Monahan made a motion in reference to Case No. 87897 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 7, 2017. Mr. Currie seconded and the motion carried unanimously. The Hall was sounded and Mr. Murdock read the name and number of the case of those not present into the record: Default Cases: Case No. Location of Violation Property Owner/Contractor/Violator______ 89400 2835 Hammond Rd., Ft. Pierce Andersen Wells Inc. 88329 3087 Hammond Rd., Ft. Pierce HSBC Bank USA 89404 2602 Essex Dr., Ft. Pierce James King 89345 417 N 37th St., Ft. Pierce Acencion and Raquel Covarrubias Mr. Taylor made a motion in reference to the cases read into the record that the Code Enforcement Board enter an Order of Finding against the violator finding the violator in default and if the violator does not appear to contest the violations against him/her that the Board adopt the recommendation of staff as set forth on the agenda. Mr. Hofmann seconded and the motion carried unanimously. IX. FINE HEARING: Continued from September 7, 2016 Case No.89897 and Case No. 89898 are Companion Cases Case No. 89897, Location of violation, 5280 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Dennis W. Moore. Peter Jones, St. Lucie County Planning Department Business Navigator, represented the property owner and was sworn in by the Board’s Secretary with staff at the beginning of the meeting. Mr. Peter Jones addressed the Board and stated for the record St. Lucie County Business Navigator and he is here on behalf of Mr. Treichler (JT Auto) and Mr. Moore. He stated just to let the Board know they have been working through his office and Code Enforcement as well on getting their Zoning Compliance and some other matters taken care of that have been requested. He stated he sent out a letter on December 2, 2016 of last week stating exactly what Mr. Treichler has to complete in terms of his code compliance. He stated Mr. Treichler has contacted a civil engineer out of St. Lucie County who then contacted him and he was able to give him background information. He stated so they have been in communication and working out arrangements for appropriate fees and whatever they need to do to move forward. Mr. Jones stated part of the problem has been working with our Engineering Department. He stated the current existing surface does not meet the engineer’s standards that the County has, so we are trying to work with that to make this whole process a viable one. He asked the Board to entertain continuing this further to allow Mr. Treichler and the owner to get this taken care of. Chairman Fogg asked Mr. Jones if he has a time frame in mind. Mr. Jones answered after the first of the year would probably make sense to give them at least a couple of months to get engineering taken care of and work thorough all the necessary back and forth. Chairman Fogg asked Mr. Jones if he thought ninety (90) days would work, would it be enough time. 4 Mr. Jones answered that would be great and stated he thinks we need a firm deadline to get this done. Chairman Fogg asked the Board if they had any questions. Mr. Currie asked are we going to hear a presentation from staff. Chairman Fogg asked Officer Swartzel to make her presentation. Officer Swartzel addressed the Board and stated for the record she is submitting four (4) photos, two (2) dated August 29, 2016, one (1) dated December 5, 2016 and one (1) dated December 6, 2016. She stated 5280 N US Hwy. 1 was brought to the September 7, 2016 Code Board and found in default of 11.05.00, Procedure For Obtaining Development Permits, to obtain a Zoning Compliance permit for JT Auto & Custom Auto Repair and Section 12-82, Business Tax Receipt, to obtain a Business Tax Receipt for the business. She stated the Board gave a compliance date of October 7, 2016. She stated at the November 2, 2016 Code Board staff asked for a continuation to December 7, 2016 Code Board. She noted as of today December 6, 2016 the property still remains in violation. She stated the tenant is working with our Planning Department to bring the property into compliance. There was discussion among the Board, staff and Mr. Peter Jones regarding the violations on the property and the difficulty for new businesses in St. Lucie County. Mrs. Monahan made a motion in reference to Case No. 87897 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 7, 2017. Mr. Murdock seconded and the motion carried. Monica Graziani, Building and Code Manager, addressed the Board and stated St. Lucie County is moving in the right direction. She stated that is not only to maintain our current businesses but encourage and support new businesses. She stated the County has designated Mr. Peter Jones as the Business Navigato r for St. Lucie County to help businesses get through these hurdles of the requirements. She stated all businesses, it is not fair to say this business should not have to incur any improvements to their property, when every business is required to follow the code and provide the adequate parking, landscaping, the life safety, and the codes that are required and adopted by the Board of County Commissioners. She stated St. Lucie County encourages and wants new businesses. She stated that is why they appointed a person as business navigator for individual business people to work with one on one and he navigates through the individual departments which can be difficult for the novice without a doubt. She stated there is always a success story at the end. She stated that is why they are not even here today they feel confident to let Mr. Jones handle this for them. Companion Case to previous Case No. 89897 Case No. 89898, Location of violation, 5280 N US Hwy. 1, Ft. Pierce, FL, Tenant Violator, JT Auto & Custom Auto Repair. Peter Jones, St. Lucie County Business Navigator, represented the tenant and was sworn in by the Board’s Secretary with staff at the beginning of the meeting. Mr. Peter Jones addressed the Board and stated for the record St. Lucie County Business Navigator and he is here on behalf of Mr. Treichler (JT Auto) and Mr. Moore. He stated just to let the Board know they have been working through his office and Code Enforcement as well on getting their Zoning Compliance and some other matters taken care of that have been requested. He stated he sent out a letter on December 2, 2016 of last week stating exactly what Mr. Treichler has to complete in terms of his code compliance. He stated Mr. Treichler has contacted a civil engineer out of St. Lucie County who then contacted him and he was able to give him background information. He stated so they have been in communication and working out arrangements for appropriate fees and whatever they need to do to move forward. Mr. Jones stated part of the problem has been working with our Engineering Department. He stated the current existing surface does not meet the engineer’s standards that the County has, so we are trying to work 5 with that to make this whole process a viable one. He asked the Board to entertain continuing this further to allow Mr. Treichler and the owner to get this taken care of. Chairman Fogg asked Mr. Jones if he has a time frame in mind. Mr. Jones answered after the first of the year would probably make sense to give them at least a couple of months to get engineering taken care of and work thorough all the necessary back and forth. Chairman Fogg asked Mr. Jones if he thought ninety (90) days would work, would it be enough time. Mr. Jones answered that would be great and stated he thinks we need a firm deadline to get this done. Chairman Fogg asked the Board if they had any questions. Mr. Currie asked are we going to hear a presentation from staff. Chairman Fogg asked Officer Swartzel to make her presentation. Officer Swartzel addressed the Board and stated for the record she is submitting four (4) photos, two (2) dated August 29, 2016, one (1) dated December 5, 2016 and one (1) dated December 6, 2016. She stated 5280 N US Hwy. 1 was brought to the September 7, 2016 Code Board and found in default of 11.05.00, Procedure For Obtaining Development Permits, to obtain a Zoning Compliance permit for JT Auto & Custom Auto Repair and Section 12-82, Business Tax Receipt, to obtain a Business Tax Receipt for the business. She stated the Board gave a compliance date of October 7, 2016. She stated at the November 2, 2016 Code Board staff asked for a continuation to December 7, 2016 Code Board. She noted as of today December 6, 2016 the property still remains in violation. She stated the tenant is working with our Planning Department to bring the property into compliance. Mrs. Monahan made a motion in reference to Case No. 87898 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 7, 2017. Mr. Murdock seconded and the motion carried. Case No. 88666, Location of violation, 2700 Sheraton Blvd., Ft. Pierce, FL, Property Owner, Louise Reynolds. There was no one present to represent the property owner. Officer Moise addressed the Board and stated for the record, she is re-submitting two (2) photos dated June 29, 2016 and submitting five (5) photos, two (2) dated November 1, 2016, two (2) dated November 29, 2016 and one (1) dated December 7, 2016. She stated on June 29, 2016, she inspected the property and found it in violation of 13.09.00, Section 303.2, to repair rotted wood and front broken window. She stated at the September 7, 2016 meeting, the property owner was present and the Board found the property in violation and gave a compliance date of November 4, 2016. She noted since the Board meeting she has had no contact with the owner and as of December 7, 2016 the property remains in violation. Chairman Fogg asked Officer Moise if it is occupied. Officer Moise answered yes it is. Chairman Fogg asked by the owner or tenant. Officer Moise answered she thinks by the tenant. Chairman Fogg stated we are looking for a motion it there are no questions from the Board. Mr. Hofmann asked if the driveway was cited, it looks it is broken into pieces. Officer Williams informed the Board that staff will look into it. 6 Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 88666 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting November 5, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. X. REPEAT VIOLATION: None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING Case No. 84395, Location of violation, 3105 Langston Dr.., Ft. Pierce, FL, Property Owner, Charles Grant, Cindia Patterson-Grant, and Yolanda M. Collins. Fine Reduction requested by Monique Neal, new Property Owner. Monique Neal, was sworn in by the Board’s Secretary. Monique Neal addressed the Board and stated she recently purchased this property. She stated the previous owners listed just went through a divorce and each party thought the other was taking care of the property. She stated she found the property abandoned, located the owners, and did an agreement with them understanding this was one of the issues and problems with the property. She stated but since then there are more judgements against the property. She stated hence her reason for being here is to request we do a fine reduction, with a fine of $5,200 it makes it a bad investment to continue with the property if she has to pay the $5,200 fine. She stated since then we have cleaned it up and maintained it, the property is mowed, she is having some problems with the neighbors dumping their debris in the backyard but continue to make sure it is maintained until we can figure out what you guys are going to do with me and the reduction. Chairman Fogg asked Monique Neal if this is for her or a rental property. Monique Neal answered actually she is looking to rehab this property and put it back on the market to sell it. She stated her goal actually was to work with some of the community resources that we have here as far because we do not have enough inventory for the mid to low income people to actually purchase homes. She stated so that is where she is headed. There was further discussion among the Board, staff, and Monique Neal regarding the fine reduction request for the property. Mr. Currie made a motion in reference to Case No. 84395 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 and prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero dollars. Mr. Campion seconded. Chairman Fogg asked for a roll call vote. Mrs. Monahan – Yes, Mr. Fogg – No, Mr. Hofmann – No, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Currie – Yes, Mr. Campion – Yes. The motion carried. XIII. REQUEST FOR REHEARING: 7 Case No. 88842, Location of violation, 4591 N US Hwy. 1, Ft. Pierce, FL, Property Owner. Plainsman Investments LLC. Rehearing requested by Cody Banks. Cody Banks was sworn in by the Board’s Secretary. Officer Williams addressed the Board and stated let me give you a brief update. She stated Mr. Banks is here today because he is asking the Board to rehear his case. She stat ed back in September the case came before the Board as a repeat, the Board found him in violation for storing campers on the property. She stated the Board imposed a fine and Mr. Banks is here today because he does not think he should have been fined so he is asking for a rehearing of the case. Mr. Banks addressed the Board and stated before we get started he just wants to say he is really kind of impressed about what is being said as far as small businesses and trying to get them into the area . He stated as a small business owner in the area it is refreshing hearing people trying to help in this scenario because we had to fight it when we came in here six (6) years ago and we are still are doing some things right now trying to help Ft. Pierce by giving corner cuts of land to the City to beautify the area. He stated in this particular situation he knows it was cited similar to JT Automotive that we are talking about the same 11.05.00. He stated what he is asking for is when he read the code and bel ieves the Board may have a copy of the letter there, it read the description for Section 11.05.00, Procedure for Obtaining Development Permits, A, General, to the Board. He further explained the reasons he felt he was not in violation. Mrs. Monahan stated to Chairman Fogg she has numerous questions. Mr. Krieger addressed Chairman Fogg and stated there is a request for rehearing and we are starting to hear the case. He stated staff is recommending to rehear the case so you might want to entertain a motion to rehear the case and then Mr. Banks can proceed further and let staff present its case as well. Mr. Currie made a motion in rehear Case No. 88842. Mr. Taylor seconded and the motion carried. Chairman Fogg stated at this time we are going to go to rehearing. REHEARING: Case No. 88842, Location of violation, 4591 N US Hwy. 1, Ft. Pierce, FL, Property Owner. Plainsman Investments LLC. Rehearing requested by Cody Banks. Cody Banks was sworn in by the Board’s Secretary. Mrs. Monahan asked Mr. Banks you are requesting a rehearing and where have you been. Katherine Barbieri, Assistant County Attorney, addressed Chairman Fogg and asked as we are in the rehearing would it be ok if staff told you where the address is, what the violation was and some items like that first maybe. Mr. Krieger stated that would be the appropriate way to proceed. Officer Williams addressed the Board and stated this property is located at 4591 N US Hwy. 1. She stated back on August 3, 2016 staff presented the case before the Board because he is storing campers and trailers on this property without have a zoning compliance. She stated Mr. Banks was not here at the meeting, the Board found him in violation and imposed a fine as a repeat violator of $10,000 dollars. Mrs. Monahan asked if Mr. Banks was at the meeting. 8 Officer Williams answered he was not at the meeting. She stated Mr. Banks came and spoke with staff, he believes he is not in violation which is why he is requesting a rehearing of the August 3, 2016 me eting. Mr. Campion asked staff where the repeat violation comes from. Officer Williams answered previously back in February 3, 2016 he came before the Board, the Board found him in violation of storing materials, he moved everything off the property so we closed that case. She stated back again on July 14, 2016 he brought the vehicles back onto the property again, that is why he is a repeat violator. Mrs. Monahan asked if Mr. Banks where he was on the repeat violation back in August when the hearing was held. Mr. Banks answered he was in North Dakota and said he and Ms. Swartzel talked about it and he did not fully understand he guesses. He stated he should have been here or at least on the phone. Mrs. Monahan asked if Mr. Banks if he contacted staff that you were going to be out of state. Mr. Banks answered he does not believe he did. Mrs. Monahan asked if Mr. Banks and this is what you are asking us hear again based on your convenience of being out of state and your rudeness to not let anybody know you were going to be out of state. She asked Mr. Banks how long in advance of his trip was he notified and stated that she is sure staff has something on when his notification was sent. Mr. Banks answered it says July 14, his grandmother passed and he should have definitely brought it up. Mrs. Monahan stated you should have notified someone and asked to postpone the case. There was further discussion among the Board, staff and Mr. Banks on the repeat violation. Mr. Currie informed Mr. Banks in the eyes of the code you are using this property for commercial use with no business tax license that is the heart of it. Mr. Currie stated it looks like we need to make a decision if there was a violation. Mr. Krieger stated to the Board you would consider page 14 a motion for a repeat violation and you can impose a fine on a repeat violation of up to $500 a day. Mrs. Monahan stated the reason we are here is that today let me get this right, is that he was defaulted on the repeat violation process, the violation hearing and the fine hearing. Officer Williams answered he is here today because he wants a rehearing of the repeat violation. Mr. Currie stated to Mr. Banks just so you realize Mr. Banks default means you were not here and that shows us as a Board that is probably was not that important to you that you were not here. He stated he understands there are other reasons but as a business owner or a property owner that is in the county this stuff is important. He stated you did not really put up much effort from my perspective. Mr. Banks stated he did try to come in October but the hurricane came. Mr. Campion stated even if you had sent someone in your stead would have made an impression. He stated if you cannot make it sending someone to represent you to let us know what the story is would give us a better idea. Chairman Fogg stated we need to make a motion. 9 Mr. Murdock made a motion in reference to Case No. 88842 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation previously committed has been repeated, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $10.00 per day shall be imposed for each day the violation exists starting July 14, 2016 with a maximum fine not to exceed $2,000.00. A cost of $200.00 has been imposed as the cost for prosecuting this case. Mr. Campion seconded and the motion carried. XIV. OTHER BUSINESS: None. XV. STAFF BUSINESS: None. ADJOURN: There was no further business and the meeting was adjourned at 10:31 a.m.