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HomeMy WebLinkAboutCEB 072017 MINUTES Code Enforcement Board Minutes – Final Draft June 7, 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 9:00 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………………….……………………………….……….......Mrs. Margaret Monahan Board Members...…………………………………………………….….Mr. Ray Hofmann …………………………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Randy Murdock …………………………………………………………………………...Mr. Brad Currie …………………………………………………………………………...Mr. Patrick Campion Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: None. IV. APPROVAL OF MINUTES – MAY 3, 2017 Mr. Taylor made a motion to accept the minutes of MAY 3, 2017. Mr. Campion 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 …………………………………………………………………………....Monica Vargas Barrios ……………………………………………………………………………Bea Goycochea ……………………………………………………………………………Mirlande Moise Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Monica Vargas Barrios, Bea Goycochea, and Mirlande Moise, were sworn in. VI. PUBLIC COMMENTS: None. 2 VII. CONSENT AGENDA Reconsideration of Prosecution Cost_________________________________________ Reconsideration of Prosecution Cost – Jon Miklosz and John H. Gray – Case No. 91001 Mr. Hofmann 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 VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 84989 208 Rouse Rd., Ft. Pierce John and Louise Cross 90818 268 NE Solida Dr., Port St. Lucie Miagad LLC 91083 4913 Seagrape Dr., Ft. Pierce Charles Calhoun II & Robert B. Stewart (EST) 90606 598 Hidden River Dr., Port St. Lucie Hermione Grimston 90605 10225 SE Lennard Rd., Port St. Lucie Griggs Plaza LLC 90560 10225 SE Lennard Rd., Port St. Lucie Hot Weelz 90711 10225 SE Lennard Rd., Port St. Lucie Griggs Plaza LLC 90710 10225 SE Lennard Rd., Port St. Lucie Hot Weelz 91246 5106 Palm Dr., Ft. Pierce Aasia F. Rahim 90673 2615 Flotilla Terr., Ft. Pierce David Gruwell 90897 2326 Oak Dr., Ft. Pierce Richard K. Woodin (TR) 91048 4201 San Diego Ave., Ft. Pierce Belinda L. McNeal-Walker 90692 541 Hartman Rd., Ft. Pierce Maria G. Magana-Luna Case No. 90136 was heard first on the agenda: Case No. 90136, Location of violation, 2605 Rolyat St., Fort Pierce, FL, Property Owner, Karen Gelety. Karen Gelety, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record she is submitting nineteen (19) pictures, sixteen (16) pictures dated November 7, 2016 and three (3) pictures dated June 5, 2017. She stated on November 7, 2016, she inspected the property at 2605 Rolyat St. and found it in violation of Section 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, to remove the mold and mildew and to repair the rotted wood on the structure, Section 13.08.01, Standard Housing Code, Section 304, Exterior Structure, to repair the roof, Section 13.08.01, Standard Housing Code, Section 309, Pest Elimination, to please exterminate, Section 11.05.01, Building and Sign Permits, to obtain permits for the enclosing of windows, Section 13.08.01, Standard Housing Code, Section 305, Interior Structure, to repair interior walls and ceiling, and Section 7.09.05, Removal of Exotic Vegetation, to trim back the pepper trees infringement of all neighboring properties. Officer Goycochea stated she issued the letter on November 15, 2016 with a compliance date of November 29, 2016. She stated on November 21, 2016, she spoke with the property owner Karen Gelety who was going to take care of the pepper trees, and asked for an extension on the roof and interior of the residence. She noted Karen Gelety stated the property is under contact with a developer that will possibly tear the house down. She stated a 90 day extension was given to Ms. Gelety and on February 16, 2017, she did give another 30 day extension. She stated Ms. Gelety was expecting the property to be under contract. She stated after receiving no further communication she issued a certified Notice to Appear letter for the June 7, 2017 Code Board meeting, as of June 6, 2017, the property is still in violation. Ms. Gelety addressed the Board and stated the timeline is correct, she did however leave a message on March 16, 2017 that the signed contract was withdrawn, but at that point their inspection period had finished and they declined to move further with the project. She stated at that point she was going to be getting estimates 3 for the roof and that sort of thing which she did. She stated on April 17, she left a message regarding the roof quotes, the two (2) quotes she got were a little over $5,000.00 for the roof repair . She stated the house has been vacant since that time, she did have to do a legal eviction because the people had apparently abandoned the property but the house was full of all kinds of furniture, garbage and such. She stated she did not have access or a key so she did a legal eviction, that took through to the beginning of the year and she got that all taken care of and they were legally evicted after not having paid rent for some time. Ms. Gelety stated in the time frame she was getting the roof quotes she got a new contract for sale on the property it is the whole corner property, the three houses and the corner on Okeechobee Road that she has a legal contract for sale with a developer. She stated their inspection period is up July 2, they are in discussions with the County, they have sent her a preliminary site and picture of what the site would look like, there is some confidentiality that she cannot really disclose what they are doing. She stated once they reach the end of their inspection period they would need to move forward on to a permitting period she guesses with the commercial contract. Chairman Fogg asked Ms. Gelety what she is looking at overall time frame wise. Ms. Gelety answered in terms of closing it could be another one hundred twenty (120) days after the end of the inspection period. Chairman Fogg asked Ms. Gelety if this has been a rental piece of property of hers for a period of time. Ms. Gelety answered in the affirmative that yes it has. Chairman Fogg asked Ms. Gelety if she has owned it for a while. Ms. Gelety answered that it was originally purchased by her husband and he passed away in 2013 and so the maintenance part, all the fixing and things he was able to do. She stated since he passed away with the number of properties she has had she has been aggressively trying to sell this property for two (2) years because it would help her substantially but in the meantime earlier this year she was able to sell some other properties and she does have some money saved towards a roof but she does not want to get a new roof put on that property when she has other maintenance issues on other things if it is just going to get torn down in a couple of months. Chairman Fogg asked Ms. Gelety so you own some other properties. Ms. Gelety answered in the affirmative. Mr. Currie asked Chairman Fogg did we hear correctly, she said no one was living there . Chairman Fogg answered no one is living there. Mr. Currie asked Ms. Gelety if she plans on anyone moving in. Ms. Gelety answered no not unless it does not sell then she would get it repaired and she would have to rent it because she needs the income. She stated honestly if she had not sold the properties earlier this year the bank would be hear representing this property. Mr. Currie stated to Ms. Gelety so if we gave you one hundred and twenty (120) days that is six (6) months is that enough. Ms. Gelety answered she would definitely know if it would sell or not between now and then. Chairman Fogg asked Ms. Gelety if it was one hundred and twenty (120) days and we did do this at the end of that time will you be able to bring it up to code if in fact it did not sell. 4 Ms. Gelety answered in the affirmative. Chairman Fogg stated because that is the problem here. Ms. Gelety stated she is hoping by the end of the inspection period they will know if they will be able to build what they are intending to build or not and if they are she will have an idea if they are moving forward and if not she will have to start on it. She stated she has trimmed back all the pepper trees. Mr. Currie addressed Chairman Fogg and stated he would like to continue this and come back in six (6) months or so. Mr. Currie made a motion in reference to Case No. 90136 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on December 6, 2017. Mrs. Monahan seconded and the motion carried unanimously. Case No. 88042, Location of violation, 191 SE El Sito Ct., Port St. Lucie, FL, Property Owner, David M. Patterson. There was no one present to represent the property owner. Officer Williams addressed the Chairman and Board and stated Staff is asking the Board to continue the case to the August meeting as Mr. Patterson is working on getting the roof repaired. Mr. Currie made a motion in reference to Case No. 88042 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 2, 2017. Mr. Campion seconded and the motion carried unanimously. Case No. 89013, Location of violation, 5812 Pine Tree Dr., Ft. Pierce, FL, Property Owner, Dorothy K. Simpson (TR). There was no one present to represent the property owner. Officer Williams addressed the Chairman and Board and stated Staff is asking the Board to continue the case to the August meeting, she is working on it, the permit has been applied for but is not issued so Staff is asking the Board to continue the case to August meeting. Mr. Currie made a motion in reference to Case No. 89013 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 2, 2017. Mr. Campion seconded and the motion carried unanimously. Case No. 91173, Location of violation, 2122 / 2124 Johnston Rd., Ft. Pierce, FL, Property Owner, Joseph R. Shotto. Frank Shotto, father and representative for 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 March 31, 2017, one (1) dated May 1, 2017 and two (2) dated May 26, 2017. She stated during her first inspection she found the property located at 2122 Johnston Rd. in violation for Section 11.05.01 Building and Sign Permit, for installing an above ground pool without a permit. She issued a letter and gave a compliance date of April 26, 2017. She noted she has had contact with the owner’s father and as of June 6, 2017 the property remains in violation. Chairman Fogg asked Officer Moise if the property is fenced. Officer Moise answered it is not fenced. Chairman Fogg said he does show that under Section 11.05.01 in addition to what you are looking at for the permitting. He asked at the same time you also would not also do a fence. 5 Officer Moise stated yes she did not add it to the letter. Chairman Fogg asked so that would be at a separate time. Officer Moise stated she will be sending a letter for that. Officer Williams stated Mr. Chairman and the Board once they come in to get a permit for the swimming pool it is part of the inspection you do have to install a fence, it is part of the permit process. Mr. Frank Shotto addressed the Board and stated in reference to the fencing the property one (1) acre and it is fenced completely with the exception of the front and like he said before we are willing to work with County. He stated anything they wanted us to do and he has told that to everybody that he has spoken with and if they mentioned a fence like he hears right now we are willing to put a fence across the front property. Chairman Fogg asked Mr. Shotto if he is in violation. Mr. Shotto answered no sir he is no longer in violation. Mr. Currie asked Mr. Shotto to explain to the Board. Mr. Shotto stated as he explained prior when he was here before we were starting a business, since then he has ran the fictitious name act, we are going to be Florida, Fish, State and Ag. He stated he ha s all the documentation and paperwork for that and he has the documentation for his license if anybody wants to see it we are in the process of it right now so he needs an extension. He stated the swimming pool has seven hundred fish (700) in it, it is covered with water hyacinths he has current pictures of it now on his phone that he is more than willing to share. He stated he did not unfortunately make it down for the permit until the 30 th of the month and he realizes that is a little late but we thought the license was going to come through and we were going to be saved but it did not. He stated when he went in for the permit for the pool and told them it was full of fish she said she could not give me a permit for a fish tank so he said the County wants the permit according to Officer Moise we have to have the permit for the pool so he went with money and attempted to purchase that permit on the 30th of the month. He stated he was sent over to the planner of the day which was Sarah Smith and she was just kind of floored with the whole situation we have going there and she said she was going to have a meeting with some people and she would email me back and unfortunately he never received the email back from her but he called her phone and he has dates for all this and he called her phone and left a message again so he does not know what happened to be honest with you. He stated he was sent out of the place without a permit for the pool and told me to wait until she had this meeting and discuss. He came to ask for an extension, he is in the middle of so many things right now with this property. Chairman Fogg stated he thinks that possibly you should have got the permit before you got the pool, to put the fish in throws everybody off as not many people do that. Mr. Shotto said it is not a pool sir it is a fish tank, had it been a fiberglass aqua culture tank would the County still require a pool permit for that. Mr. Campion stated isn’t an open body of water that is not fenced in. Mr. Shotto answered it is at the back of the property yes sir and it is not fenced at this time. Mr. Currie asked Carl Peterson, Building Official if he had an in-ground pool how high does the fence have to be around per code. Carl Peterson, Building Official answered your barrier would have to be four (4) feet. He stated the Land Development Code calls for a secondary fence around the property, you have to have a pool enclosure or a fence around the property. Mr. Currie stated he says he has that though. 6 Chairman Fogg said except for the front, he said the front is not fenced. Mr. Currie asked if he has an in-ground pool with an eight (8) ft. wood fence around it the Code would still require me to have a baby barrier around the pool itself. Carl Peterson, Building Official answered to block the access to the pool from the home. Mr. Currie said in this case you need a fence around the perimeter. Mr. Shotto stated we do not mind a fence around the front and actually was part of their plan they just had not gotten to it yet. He stated the pool sets at the very back of the property. Mr. Currie asked what the code requirement is if he bought a little plastic pool from Walmart and put it in the back of his yard would you require a permit for that? He asked what size above ground pool requires a permit. Carl Peterson, Building Official answered it is gauged by the depth of the pool anything over twenty-four (24) inches deep. Katherine Barbieri, Assistant County Attorney, asked Mr. Peterson also this pool has electro nics and pumps attached to it correct. Mr. Shotto stated it has one pump everything is gravity fed, the water flows from the pool to separator tanks to separate the solids and then runs into a lava rock pit and then is pumped back into the pool. Katherine Barbieri, Assistant County Attorney, asked Mr. Peterson would you need a permit for that pump. Carl Peterson, Building Official answered you would need a permit for the electric. Mr. Currie asked Mr. Peterson if he just ran an extension cord to it woul d you require a permit for me to run and extension cord to a pump. Carl Peterson, Building Official answered in the affirmative. Mr. Currie so if I plug a drill in at my house does he need a permit for that. Carl Peterson, Building Official answered that is a little different. Mr. Currie sit it is. Carl Peterson, Building Official answered yes a pump is a fixture that is going to be there not one you are going to use and then put away. He stated but with a swimming pool with a pump we have to make sure it is ground fault protected so if the pool pump energizes the water that go es into the pool it has a breaker that cuts the electric off to the pool. Mr. Shotto stated the cord from the pump has a GFI breaker on it. Mr. Currie said Mr. Shotto you mentioned a license you were going to get could you explain that a little bit more what licenses you are attempting to get or have gotten. Mr. Shotto answered the license is an Agricultural license to raise fish to sell to the public as meat fish and as tropical fish and ornamentals. Mr. Currie asked Mr. Peterson if this gentleman has a bona -fide Ag project does he have to get any building permits through the local government. 7 Carl Peterson, Building Official answered he is going to refer that to the Count y Attorney. Katherine Barbieri, Assistant County Attorney, stated under the Florida Statute bona-fide Agricultural means there is a definition under the Florida Statute for that bona-fide Agricultural purpose means good faith commercial agricultural uses of land and for aqua cultural he is required to have a license, we have checked they do not have a license for this so under the Division of Florida Fish and Wildlife Department and she has papers here for you if you want if you are doing commercial you must have their license and it does not exist so you cannot being doing commercial. Mr. Currie stated he is in the process of getting that license. Katherine Barbieri, Assistant County Attorney, said he stated he is but if you notice we have cited him before and he will be on the Fine Hearing too so they have been involved in this procedure for quite a while. Mr. Shotto stated the cargo container which is directly related to this aqua culture business which is aqua cultural, aquaponics, the property already has a license for our lawn business and we have a nursery there. Mr. Currie stated there are a couple of things happening here. Katherine Barbieri, Assistant County Attorney stated if she may give the Board a copy that shows they have to have the license. Mr. Currie stated this process that the applicant is going through is a very lengthy process and for someone who seems fairly familiar with it, it does take quite a bit of time. He stated it is something that the County should actually embrace. He asked Mr. Shotto who he is selling the fish to at this point. Mr. Shotto answered we cannot sell fish until we have a license. Mr. Currie asked Mr. Shotto when you have a license who are selling fish to. Mr. Shotto answered he plans to sell it to the Pelican Seafood to Costa Seafood. Mr. Currie asked Mr. Shotto what kind of fish he is raising. Mr. Shotto answered Blue Tilapia that is it. Mr. Currie stated he thinks we should give this man some more time to get his license. Mr. Murdock said Mr. Chairman he thinks we are getting a little off subject here because the violation is for a swimming pool and all of a sudden we are out here talking about fish. Katherine Barbieri, Assistant County Attorney addressed the Board and stated she agrees that maybe going through the St. Lucie County Property Appraiser may take a little while but this aqua culture license as you will see would not be quite so lengthy and if renewed every year it is $100.00 dollars so that license could have be obtained already. Mr. Currie asked Mr. Shotto when he expects to get that license. Mr. Shotto stated he has been trying to get this license since he left out of here. Mr. Currie asked Mr. Shotto what his expectation of when he thinks he will get the license. Mr. Shotto answered he honestly thought he would have it already, he showed up here on March 3 to tell them he thought he was in compliance and would have the license by the 7 th but it did not happen that way. He stated he is in full flow, he will have this license there is no question about it. He stated he has been doing 8 this as a hobby for two years now. He stated his question is if he changes the pool to a fiberglass aqua culture tank does that change the situation. Mr. Currie informed Mr. Shotto he has been cited for a code violation that has nothing to do with your aqua culture business. Mr. Murdock stated this is what he is trying to get at we are talking about Sectio n 11.05.01 which is swimming pool, this has nothing to do with a swimming pool. He asked is this violation valid. Chairman Fogg said this violation here Katherine Barbieri, Assistant County Attorney stated it is a swimming pool, it is an above ground swimming pool until he gets a license showing that he has an aqua culture business going on, it is a swimming pool right now. She stated until he gets his licenses at this time he is not a bona-fide commercial activity so it is a swimming pool she further stated you could use your swimming pool at home if you wanted to grow your own fish for you to it but then you would still have to have all the permits for the electrical and everything else. Mr. Campion address Chairman Fogg and stated he just wanted to p oint out to the rest of the Board on this paper we received from Mrs. Barbieri it says on the back second page it says how long it takes to receive your certificate: An aqua culture certificate can usually be issued three (3) to four (4) weeks after a complete application has been received. Mrs. Monahan asked Mr. Shotto what date he applied for his license. Mr. Shotto answered this is the application where he ran the fictitious name application and it was done on April 15, 2017 after that was done and ran he received this affidavit that the name was run and approved for use at that point in time he contacted the State of Florida and received the pamphlet for the license. He stated and like you say once this is submitted to them it is a very fast procedure they will contact me they will come and inspect my property. Mrs. Monahan stated so you have not submitted your application yet. Mr. Shotto answered no he has the application right here. Mrs. Monahan asked Mr. Shotto when he received the application. Mr. Shotto answered May 22, 2017 is the postage date. He said can he explain why he is behind the eight ball on this, he said when we first walked out of here from the cargo container we listed the property for sale with Coldwell Banker. He stated we decided to get away from it, we have a neighbor that refuses to quit calling us in for every single move we make, the County can see that they have been through our trailer, they have done electrical inspections, they have done water inspections, they have been back and back and back and forth. He stated he goes in to the Board next door and says tell me who called in more than anybody else and they mention my neighbors name. Chairman Fogg stated that has nothing to do with this, it does not matter whether the neighbor called the thing is you are here because you do not have a permit for the pool, so we could delay this and go on and on and on but you have not done the process, you need to finish the application and send it in. He stated you are coming before and saying you are doing this and doing this but at this point none of that has been done, so we are here before us today about the above ground pool, we will give you some time. He stated we gave you some time before. Mr. Shotto stated you gave me some time on the cargo container. He stated he went for the permit for the pool but they would not sell it to me. Chairman Fogg stated there was a reason why. 9 Mr. Shotto asked what the reason was. Chairman Fogg stated ask Staff and they will tell you that is why you are here today. There was further discussion among the Board, Staff and Mr. Shotto on this situation and how to correct it. Mr. Currie made a motion in reference to Case No. 91173 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 2, 2017. Mr. Campion seconded and the motion carried unanimously. Case No. 90987, Location of violation, 1920 N 48th St., Fort Pierce, FL, Property Owner, John Saylor. Mr. John Saylor, the property owner was sworn in by the Board’s Secretary. Officer Moise addressed the Board and stated for the record she is submitting six (6) photos, two (2) dated March 3, 2017, one (1) dated May 8, 2017, one (1) dated May 30, 2017 and two (2) dated June 6, 2017. She stated during her first inspection she found 1920 N. 48th St. in violation of Section 38-26, for outside storage and Section 8.00.03 (F), for having more than two (2) recreational vehicles. She issued a letter and gave a compliance date of March 21, 2017. She stated she has had one contact with the owner and as of June 6, 2017 the property remains in violation. Mr. Saylor addressed the Board and stated he is in violation because he is in the junking business, scrap metal and stuff. He stated a lot of the metal in the photos has been removed, one of the vehicles in gone and if you look there is a U-Haul that he bought and engine for and it will be runni ng. He stated it has all gotten there a little at a time and being in the junking business stuff does not stay there that long it goes to the scrap yard. Chairman Fogg asked what is the zoning are you in residential area. Officer Moise answered RS-4. Chairman Fogg asked so in RS-4 this is not allowed correct. Officer Moise answered no it is not. Mr. Currie stated to Mr. Saylor you said you are in the junking business do you have an Occupational License or Business Tax License to do junking on this pro perty. Mr. Saylor answered no not on the property but it does not stay there. Mr. Currie asked Officer Moise when she was the last time she was on the property. Officer Moise answered she was there yesterday and she stated some of the stuff is still out there, he still has outside storage on the property, and he still has more than two (2) recreational vehicles on the property. She stated he has put up a like a fencing to try to block out some of the outside storage but she can still see some of it, he is still in violation. Mrs. Monahan stated you are going to have to clean this up that is for sure and you need to talk to Officer Moise about it and meet her out there and she will tell you exactly what you have to do. Officer Moise stated she would be more than happy to meet with him. Chairman Fogg informed Mr. Saylor he needs to set up a time with Officer Moise. Mrs. Monahan made a motion in reference to Case No. 90987 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 10 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 September 1, 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 pro secuting 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. Mr. Murdock seconded and the motion carried unanimously. The Hall was sounded and Mrs. Monahan 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______ 91056 5413 Green Dolphin St., Ft. Pierce Cynthia Ward and Diane W. Nason 91227 270 Nettles Blvd., Jensen Beach Tocce Holding Corporation 90127 2154 Jacobs Rd., Ft. Pierce Marcia A. Thorn 90496 3700 Oleander Ave., Ft. Pierce 1RB Inc. 90676 Lot next to 5008 San Diego Ave., Ft. Pierce Carlo Bastajian 90882 N 49th St., Ft. Pierce Florida Tax Deeds LLC 90779 2406 N 25th St., Ft. Pierce Alexis Torres 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. Murdock seconded and the motion carried unanimously. IX. FINE HEARING: Case No. 87897, Location of violation, 5280 N US Hwy. 1, Fort Pierce, FL, Property Owner, Dennis W. Moore. Mr. Peter Jones, Business Navigator for Planning and Development present to represent the property owner if necessary. Officer Williams addressed the Board and stated one (1) and two (2) are companion cases and Staff is asking the Board to continue to the August meeting since he is working with the Planning Department to bring the property into compliance. Mr. Currie made a motion in reference to Case No. 87897 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 2, 2017. Mrs. Monahan seconded and the motion carried unanimously. Case No. 87898, Location of violation, 5280 N US Hwy. 1, Fort Pierce, FL, Tenant/Violator, JT Auto & Custom Auto Repair. Mr. Peter Jones, Business Navigator for Planning and Development present to represent the property owner if necessary. Officer Williams addressed the Board and stated one (1) and two (2) are companion cases and Staff is asking the Board to continue to the August meeting since he is working with the Planning Department to bring the property into compliance. Mr. Currie made a motion in reference to Case No. 87898 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 2, 2017. 11 Mrs. Monahan seconded and the motion carried unanimously. Case No. 89950, Location of violation, 7401 Sebastian Rd., Ft. Pierce, FL, Property Owner, Structured Capital Assets. Patrick McGill the property owner was sworn in by the Board’s Secretary. Officer Williams addressed the Board and stated for the record she is submitting one (1) photo from the Property Appraiser, one (1) photo date March 27, 2017 taken by former Officer Swartzel. She stated during Officer Swartzel’s first inspection on October 27, 2016 she found the property in violation of Section 11.05.01, for renovation to the home and roof. She state a letter was issued with a compliance date of November 10, 2016. She noted after getting no compliance a Notice to Appear letter was issued. She stated at the April 5, 2017 Code Board meeting, no one was present, the Board found the property in violation by default and gave a compliance date of May 5, 2017. She state d Staff has had contact with the property owner and explained the permitting process, Mr. McGill is here today to ask the Board for more time. Mr. Campion asked Mr. McGill how he is coming along with the permit. Mr. McGill answered the process is very slow because he has to find an engineer. He stated which he has in turn had one look that has looked at the property but has not guaranteed to him that he will provide drawings. Mr. Campion stated they do not like dealing with after the fact, after it is already done. Mr. McGill answered that is hard to fine obviously. He stated he purchased this property and he put a letter in to the office his response to this letter from April 14, 2017 explaining he purchased this property March 18, 2013. He stated he thinks the first picture was taken the prior year. He stated he purchased the property almost as you see it there but he did paint the gutters and do some stucco repairs since he purchased the property on March 18, 2013 everything prior to that was done before he purchased it. Mr. Currie asked Staff to go back to the last picture. He asked from a structural stand point what is different just the roof? Mr. McGill answered it looks like there was a flat roof at one point and they put a peaked roof at some point. He stated so his problem is one finding construction/engineer to go back and re -engineer this thing and put a stamp on it which he is finding almost impossible or challenging at best. He stated his understanding is he has to have those drawings to go in for permit. Chairman Fogg asked Mr. McGill how he has owned the property. Mr. McGill answered March 18, 2013 is when he purchased the property. Chairman Fogg stated so you have had it all these years and it has looked like this. Mr. McGill answered he thinks what happened is after the hurricane happened back last year in November he thinks something happened and knocked down four (4) of the trees he had o n his property and he thinks that is what sparked this. He stated Code Enforcement was coming by and looking at all the brush and there was a lot of it. Mrs. Monahan asked Mr. McGill if this is his home. Mr. McGill answered no it is not actually his Aunt lives in it. He stated he moved down here five (5) years ago or so and planned to live in it and then did not and bought a house in Port St. Lucie. Chairman Fogg stated to Mr. McGill you have to continue and get it done because right now you are at the Fine Hearing stage and you missed the other part by not coming. Mr. McGill answered he did not receive any paper regarding a meeting. 12 Chairman Fogg asked Mr. McGill what his mailing address is. Mr. McGill answered 718 SE Cavern Ave., Port St. Lucie, FL. Chairman Fogg stated and everything was mailed to this address. Officer Williams addressed the Board and stated the certified mail came back but we did post the property on March 24, 2017. Mrs. Monahan asked Staff why it was returned. Officer Williams answered it says return to sender, not deliverable as addressed, unable to forward. Mr. McGill stated this is the only paper he received on April 14, 2017. Chairman Fogg stated obviously they did not have the right address to send it to. Mrs. Monahan asked Staff were they sent the letter. Officer Williams answered 718 SE Cavern Ave., Port St. Lucie, FL 34983. She stated the letter came back to us so we posted the property so the notice was posted on the property. Chairman Fogg asked if anybody on the Board had any questions. There further discussion among the Board, Staff and Mr. McGill on the violation. Mr. McGill said he never received a written description of what the violation were. Katherine Barbieri, Assistant County Attorney addressed the Board and stated from a legal point of view we feel he was given notice this is the house and the roof and if he comes in we will explain. Officer Williams stated according to Mr. McGill he never received our posting which tells him exactly what the violation is. She stated she has spoken to Mr. McGill, Ed Roseberry, the plans examiner has spoken to him so he is aware of what the violation is, if he wants a copy of the letter she will give him a copy of the letter that we posted on the property. Chairman Fogg told Mr. McGill he needs to move forward on this. Mrs. Monahan made a motion in reference to Case No. 89950 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, 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 October 2, 2017 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried. Case No. 88600, Location of violation, 2124 Johnston Rd., Fort Pierce, FL, Property Owner, Joseph R. Shotto. Frank Shotto father and representative for the property owner was sworn in by the Board’s Secretary. Officer Moise addressed the Board and stated she is re-submitting one (1) photo dated November 9, 2016 and submitting one (1) photo dated May 15, 2017. She stated during her first inspection she found 2124 Johnston Rd. in violation of Section 8.00.03, the cargo container is not permitted. She stated at the February 1, 2017 meeting the property owner was present and the Board found the property in violation and gave a compliance date of May 3, 2017. She stated Staff has had contact with the owner’s father. She noted as of June 6, 2017 the property remains in violation. 13 Chairman Fogg asked Mr. Shotto if the cargo container is still on the property. Mr. Shotto answered yes it is. Chairman Fogg asked Mr. Shotto when he plans to move it. Mr. Shotto answered he does not plan to move it. He stated when he left the meeting last time, he said he actually came in to the May 3, 2017 meeting even though he did not realize he was not on the docket but he felt like he was in compliance. He stated the cargo container is directly associated with this Florida State Fish and Ag. Chairman Fogg stated for the permit you do not have yet and information you have not put in for yet. Mr. Shotto stated he has been in contact with the County and explained to them everything that is going on with this and they told me to just ask for an extension when he came in until he can get this license and get everything because the State will step in and make him permit. Chairman Fogg asked what the date of the last case we had with Mr. Shotto was. Katherine Barbieri, Assistant County Attorney answered you continued it to August 2, 2017. There was discussion among the Board, Staff, Mr. Frank Shotto regarding the violations on the property. Mr. Currie made a motion in reference to Case No. 88600 that the Code Enforcement Boar d continue this case to the Code Enforcement Board hearing on August 2, 2017. Mrs. Monahan seconded and the motion carried unanimously. Case No. 90310, Location of violation, 3006 Langston Dr., Fort Pierce, FL, Property Owners, J. H. and Gloria B. Dickerson. There was no one present to represent the property owners. Officer Moise addressed the Board and stated for the record she is submitting five (5) photos, two (2) dated December 2, 2016, one (1) dated March 28, 2017, one (1) dated May 15, 2017 and one (1) dated June 6, 2017. She stated on December 2, 2016, she inspected the property and found it in violation of Section 38-26 for having an unserviceable vehicle. She noted at the April 5, 2017 meeting, the property owner was not present and the Board found the property in default and gave a compliance date of May 5, 2017. She stated she has had no contact with the owner and as of June 6, 2017 the property remains in violation. Mrs. Monahan made a motion in reference to Case No. 90310 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, 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 May 6, 2017 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case No. 88899, Location of violation, 198 Angle Rd., Fort Pierce, FL, Property Owner, Joram O. Petersen. There was no one present to represent the property owner. Officer Moise addressed the Board and stated for the record she is re-submitting one (1) photo dated December 21, 2016, and submitting two (2) photos, one (1) dated May 15, 2017 and one (1) dated June 6, 2017. She stated during her first inspection she found 198 Angle Rd. in violation of Section 38-26, for unserviceable vehicles, Section 38-26, outside storage and Section 3.01.03 (T), storage facility is permitted in Industrial Light with a zoning compliance. She stated at the February 1, 2017 meeting, the owner was present and the Board found the property in violation. She noted the Board gave a compliance date of May 14 5, 2017. She stated since the Board meeting, she has had no contact with the owner and as of June 6, 2017 the property remains in violation. Chairman Fogg stated so he has cleaned up some of the property. Officer Moise answered yes he has made some progress. She stated she has tried contacting him and leaving messages to let him know. Mr. Currie asked what the difference is between the June 6 picture and the May 15 picture. Officer Moise answered he moved the vehicles. Chairman Fogg addressed the Board and stated we are looking for a motion. Mr. Campion made a motion in reference to Case No. 88899 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, 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 May 6, 2017 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case No. 88389, Location of violation, 874 SE Tierra Ct., Port St. Lucie, FL, Property Owner, Richard R. French. Richard R. French, the property owner and Helen French were sworn in by the Board’s Secreta ry. Officer Goycochea addressed the Board and stated for the record she is re-submitting four (4) photos all dated June 14, 2016 and submitting seven (7) photos, three (3) photos dated May 31, 2017 and four (4) photos dated June 5, 2017. She stated this case was brought to the March 1, 2017 Code Enforcement Board for being in violation of Section 38-26, for outside storage of items and materials. She stated the Board found the case in violation and gave Mr. French a compliance date of May 5, 2017. She stated as of June 6, 2017 the property is still in violation. There was discussion among the Board, Staff, Richard French and Helen French on the violations and how to correct them. Chairman Fogg stated the Board is going to make a decision. Mrs. Monahan made a motion in reference to Case No. 88389 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, 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 1 , 2017 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case No. 90254, Location of violation, 230 SE Camino St., Port St. Lucie, FL, Property Owners, Eli and Ayala Nisim. There was no one present to represent the property owners. Officer Goycochea addressed the Board and stated for the record she is submitting six (6) photos all dated November 30, 2016. She stated this case was brought to the April 5, 2017 Code Board meeting for being in violation of Section 11.05.01, Building and Sign Permits, a permit is required for converting the garage into living space. She noted the Board found the case in default since no one was present to represent the owner and the Board gave a compliance date of May 5, 2017. She stated on May 17, 2017 a permit was applied for, 15 and is currently in a pending status awaiting review comments. She stated Staff has not had any contact with the owner and as of June 6, 2017 the property is still in violation. Chairman Fogg addressed the Board and stated we are looking for a motion. There was discussion among the Board and Staff on the violation and pending permit status. Mr. Campion made a motion in reference to Case No. 90254 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, 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 5, 2017 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: None. XIII. MOTION FOR REHEARING OR RECONSIDERATON: None. XIII. OTHER BUSINESS: None. XIV. STAFF BUSINESS: Discussion on Sunshine Law. Katherine Barbieri, Assistant County Attorney addressed the Board she believes we gave you a copy of a newspaper article, this is just really for your information, a refresher. She stated it was a Sub-Committee of South Florida Water Management district and they were subject to the Sunshine Law and they decided to talk to each other on Facebook and she guesses some of the committee members purely from the newspaper article felt that because they were doing it on Facebook and a part of Facebook that was open to the public that it was not a Sunshine Law violation but it was. She stated any business that may come before you if you want to discuss it you have to discuss at the meeting where minutes are being taken and it has been properly noted. She stated that was proper noticement were not taken and it was on a form of communication that some members of the public may not have had access. She stated so it is just a refresher. Chairman Fogg stated so nothing to do with this Board. Katherine Barbieri, Assistant County Attorney answered nothing to do with this Board, nothing to do with this County, just a reminder that you are subject to the Sunshine Law and please do not talk to eac h other about anything that may come before you. Chairman Fogg stated he will not be at the August 2, 2017 Board meeting he will on vacation so Mrs. Monahan that give you a month and a half to get prepared. ADJOURN: There was no further business and the meeting was adjourned at 10:34 a.m.