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HomeMy WebLinkAboutCEB032017Minutes Code Enforcement Board Minutes – Final Draft March 1, 2017 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 9:01 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 …………………………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Brad Currie Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: Mrs. Margaret Monahan and Mr. Patrick Campion. IV. APPROVAL OF MINUTES – FEBRUARY 1, 2017 Mr. Taylor made a motion to accept the minutes of FEBRUARY 1, 2017. Mr. Murdock 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 Road & Bridge Operations Supervisor…………………………………...Eric Heilfurth Stormwater Management Civil Engineer………………………………...Joshua Revord Board Secretary.…………………………………………………………..Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Bea Goycochea, Mirlande Moise, Eric Heilfurth, and Joshua Revord 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 – Jamie M. and Yolanda N. McNair – Case No. 83214 Satisfaction of Fine and Release of Lien – Garland G. Corley – Case No. 36952 Rescinding of Findings of Fact, Conclusion of Law and Order____________________________________ Rescinding of Findings of Fact, Conclusion of Law – Kevin K. Stalter & Mark A. Crum – Case No. 83488 Mr. Taylor made a motion to approve and accept staff’s recommendation as presented. Mr. Murdock 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 88610 2807 Placid Ave., Fort Pierce Christy Woods 89840 7201 Citrus Park Blvd., Fort Pierce Philip and Brenda Martin 89758 1005 Gopher Ridge Rd., Fort Pierce Sabrina L Black 90015 904 Saeger Ave., Fort Pierce Georgina Matute 90040 8227 Business Park Dr., Port St. Lucie Noland Properties Inc. 90660 4000 Avenue L, Fort Pierce Guilford Dieuvil 90159 3302 Meadow Ln., Fort Pierce Qamar Wahaj and Ayaz K. Siraj 90225 2805 Sheraton Blvd., Fort Pierce Sally Mae Moore 90227 3406 Menendez Ave., Fort Pierce Ermith Lazare 89902 Next To 3120 Avenue Q, Fort Pierce Sybrena L. Turner Case No. 88389 was heard first on the agenda: Case No. 88389, Location of violation, 874 SW Tierra Ct., Port St. Lucie, FL, Property Owner, Richard R. French. Richard R. French, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record she is submitting five (5) photos, four (4) dated June 14, 2016 and one (1) dated February 21, 2017. She stated on June 14, 2016, she inspected the property and found it in violation of Section 38-26, for outside storage of items and materials. She issued a letter on June 14, 2016 with a compliance date of June 28, 2016. She stated after getting no compliance, issued a certified Notice to Appear letter for the March 1, 2017 Code Board meeting. She stated on December 30, 2016 she spoke with Richard French and he is working on having this resolved before the March Code Board. She stated on February 7, 2017 Helen French called and asked for more time. She stated she explained time had been given to correct the violation. She stated she suggested that Helen and Richard come to Board and request more time. She noted they are asking to be given until May 2017 and as of February 28, 2017 the property is still in violation. There was discussion among the Board, Staff, and Richard R. French. on the violation on the property. Mr. Hofmann made a motion in reference to Case #8 8389 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by May 5, 2017, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. 3 Mr. Murdock seconded and the motion carried unanimously. Case No. 90537, Location of violation, 2909 S 25th St., Fort Pierce, FL, Property Owner, 2909 South 25th Street Holdings LLC. Tonya Ingram, Executive Director, representative for the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record she is submitting six (6) photos, three (3) photos dated January 6, 2017 and three (3) photos dated February 28, 2017. She stated on December 21, 2016, staff received an email from Eric Heilfurth from the Road and Bridge Department who stated the property located at 2909 S 25th St. cut back brush and stacked it on the county’s retention pond site. She stated on January 6, 2017, she inspected the property at 2909 S 25th St. and found it in violation of Section 38-24, for having vegetation on the county’s right of way. She stated she issued a letter on January 10, 2017 with a compliance date of January 24, 2017. She stated she had communication with staff from the Management office, who stated the vegetation was debris the Road and Bridge Department left behind from the Hurricane Matthew clean up. She stated staff spoke with Eric who informed us that the debris was not placed there by the Road and Bridge Department, but instead was placed there by Lake Forest Assisted Living Facility located at 2909 S 25th St. She noted Eric is here today to give his testimony in regards to this violation. She further stated as of February 28, 2017 the property is still in violation. There was discussion among the Board, Staff, Eric Heilfurth, St. Lucie County Road & Bridge Operations Supervisor, and Tonya Ingram on the violation on the property. Mr. Taylor made a motion in reference to Case #90537 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by May 5, 2017, a fine of up to $250.00 per day may be imposed. A prosecution cost was not imposed. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine He aring will be held if the violation is not abated by the given compliance date. Mr. Murdock seconded and the motion carried unanimously. Case No. 89914, Location of violation, 1875 Timberlake Dr., Fort Pierce, FL, Property Owner, Susan and Joseph D. O’Neal. Susan O’Neal, the property owner was sworn in by the Board’s Secretary. Officer Moise addressed the Board and stated for the record she is submitting four (4) photos, one (1) dated October 17, 2016 and three (3) dated December 30, 2016. She stated during her first inspection on October 17, 2016 she found 1875 Timberlake Dr. in violation of 7.07.08, Failure to Maintain Stormwater Management Systems, the culvert on the property is failing, please contact Road and Bridge to obtain a permit and replace the culvert. She issued a letter and gave a compliance date of November 2, 2016. She stated she has had no contact with the owner and as of February 28, 2017 the property still remains in violation. There was discussion among the Board, Staff, Joshua Revord, St. Lucie County Stormwater Management Civil Engineer, and Susan O’Neal regarding the violation on the property. Mr. Murdock made a motion in reference to Case #89914 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by July 6, 2017, a fine of up to $250.00 per day may be imposed. A prosecution cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. 4 Mr. Taylor seconded and the motion carried unanimously. The Hall was sounded and Mr. Fogg 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______ 88203 138 NE Naranja Ave., Port St. Lucie Lee D. Sage 90375 5208 Margaret Ann Ln., Ft. Pierce Susan M. Rider 90128 2642 Center Rd., Ft. Pierce Christos Caravias 90286 2008 N 47th St., Ft. Pierce Ariel Hartman Mr. Murdock 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. Taylor seconded and the motion carried unanimously. IX. FINE HEARING: Case No. 87666, Location of violation, 2709 S 27th St., Fort Pierce, FL, Property Owner, Susan Gray. Mr. Craig Bridgers, representative for the property owner and was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record she is re-submitting three (3) photos dated April 25, 2016, submitting two (2) photos dated November 1, 2016, five (5) photos, two (2) photos dated February 21, 2017, and three (3) photos dated February 28, 2017. She stated this case was brought to the November 2, 2016 Code Enforcement Board for being in violation of Section 38-26, for having outside storage of items and material, and for Section 11.05.01, to obtain a permit for the installation of exterior doors. She stated the Board gave a compliance date of February 2, 2017. She stated on February 14, 2017 a permit or the French doors has been applied for (Permit #1702-0305). She stated as of February 28, 2017 the permit is still in a pending status, no further contact has been made, and the property is still in violation There was discussion among the Board, Staff, and Mr. Bridgers regarding the violations on the property. Mr. Murdock made a motion in reference to Case No. 87666 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 September 6, 2017 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried. X. REPEAT VIOLATION: None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING: None. XIII. OTHER BUSINESS: None. 5 XIV. STAFF BUSINESS:  Proposed Code Lien Amnesty Program: Officer Williams addressed the Board and stated today Staff is asking the Board’s authorization to do a Lien Amnesty Program in the month of May. She stated a Lien Amnesty Program is an incentive program to achieve compliance on code violations, it is available for all residential and commercial proper ties with outstanding liens. Officer Williams stated they are going to be eligible for a 90% reduction of lien if they bring the property into compliance by 100%. She stated it will be from May 1 to May 31, 2017, people who are eligible for the Lien Amnesty Program must be compliant with all County Codes, no open violations on any properties that they own. She stated approximately thirty (30) days prior to the Lien Amnesty Program we are going to do a press release, applicants will be accepted between May 1 to May 31, 2017. Officer Williams stated properties will be inspected by the code enforcement officers to make sure there are no open code violations on the property, upon approval of inspection the reduction to 10% of the original amount must be paid within thirty (30) days, if not paid within that time it will revert back to the original amount. Officer Williams stated instead of bringing it before the Board on the Consent Agenda for Satisfaction, Staff will internally process the Satisfaction of Fine/Lien Orders, Staff will have the Chairman, Board Attorney and Secretary sign the releases and they will also be recorded, so the Board will not have to see anything. She stated in June Staff will bring it all to the table to let the Board know how successful the program is, but today we would like to know if the Board approves this in the month of May. There was discussion among the Board and Staff on the proposed Lien Amnesty Program and how it will be implemented. Mr. Murdock made a motion to approve the Amnesty Lien Program as presented by Staff. Mr. Currie seconded and the motion carried unanimously. Release of Lien Mr. Currie made a motion to approve Staff to do a Release of Lien on cases abated by the Amnesty Lien Program without coming before the Board for approval. Mr. Murdock seconded and the motion carried unanimously. ADJOURN: There was no further business and the meeting was adjourned at 9:51 a.m.