HomeMy WebLinkAboutCEB 032018 Minutes
Code Enforcement Board
Minutes – Draft
March 7, 2018 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. Ralph Fogg.
II. PLEDGE TO THE FLAG
All those present rose to pledge allegiance to the flag.
III. ROLL CALL
PRESENT
Chairman……………………………………………………….………..Mr. Ralph Fogg
Board Members..………………………………………………………...Mrs. Margaret Monahan
…………………………………………………………………………...Mr. Wes Taylor
…………………………………………………………………………...Mr. Randy Murdock
…………………………………………………………………………...Mr. Brad Currie
Board Attorney…………………………………………………….…….Mr. Jack Krieger
ABSENT: Mr. Ray Hofman and Mr. Patrick Campion. Mr. Fogg announced that Mr. Patrick Campion has resigned.
IV. APPROVAL OF MINUTES – FEBRUARY 7, 2018
Mr. Currie made a motion to accept the minutes of FEBRUARY 7, 2018.
Mr. Taylor 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
……………………………………………………………………………Bea Goycochea
.…………………………………………………………………………...Monica Vargas Barrios
……………………………………………………………………………Mirlande Moise
……………………………………………………………………………Dana DiFrancesco
Development Review Coordinator.………………………………………Linda Pendarvis
Water Quality Division Manager………………………………………...Patrick Dayan
Board Secretary.………………………………………………………….Debbie Isenhour
Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Bea Goycochea, Monica Vargas Barrios,
Mirlande Moise, Dana DiFrancesco, Linda Pendarvis and Patrick Dayan were sworn in by the Board’s Secretary.
VI. PUBLIC COMMENTS: None.
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VII. CONSENT AGENDA
Rescind Finding of Fact, Conclusion of Law and Order ________________________________________
Rescind Findings of Fact, Conclusion of Law and Order – Noe R. Gomez – Case No. 89812
Release of Lien________________________________________________________________________
Release of Lien – Tagen S. Boyd – Case No. 63269
Request for Fine Reduction Hearing________________________________________________________
Request for Fine Reduction Hearing – James L. Preston (EST.) – Case No. 74361
Satisfaction of Fine and Release of Lien_____________________________________________________
Satisfaction of Fine and Release of Lien – Danny R. Miller – Case No. 98090082
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
92611 5501 Orange Ave., Fort Pierce Joseph Miller
93544 8750 S Ocean Dr., Jensen Beach Island Dunes Condominium A
91863 3035 Pioneer Circle, Fort Pierce Stevens H. and Helen D. Marshall
92524 2403 Kelly Ct., Fort Pierce Marcos Alfano
92793 171 N Caprona Ave., Port St. Lucie Brougham Reo Owner LP
93608 102 N 38th St., Fort Pierce Axia Capital LLC
93308 1800 N 47th St., Fort Pierce Nose Jean
92850 8285 Spicebush Terr., Port St. Lucie Tuyen Nguyen
93649 4913 Seagrape Dr., Fort Pierce Charles H. Calhoun and Roberta B. Stewart (EST)
92718 5004 Sanibel Ave. Apt. B, Fort Pierce Saar Hayat
93241 8001 Lockwood Dr., Fort Pierce Juan F. Rivera
Case No. 84222 was heard first on the agenda:
Case No. 84222, Location of violation, 5501 Orange Ave., Fort Pierce, FL, Property Owner, Joseph G. Miller. Joseph
G. Miller, the property owner was sworn in by the Board’s Secretary.
Mr. Currie addressed Chairman Fogg and stated before we begin he wants make sure he announces he is recusing
himself from this vote as he has a relationship with Mr. Miller so he will not be voting on this item.
Mrs. Monahan stated she needs to state she and Mr. Miller are friends but she thinks she can be fair.
Officer Williams addressed the Chairman and Board and stated for the record she is submitting three (3) photos dated
February 20, 2015 and seven (7) photos dated March 6, 2018. She stated during her first inspection on February 20,
2015, she found the property in violation of Section 11.05.00, Procedure for Obtaining Development Permits and
Section 42-103 Business Tax Receipt License, for not having a Zoning Compliance Permit and Business Tax Receipt
License to park and store commercial vehicles on the property. She noted a letter was issued with a compliance date
of May 28, 2015.
Officer Williams stated on September 3, 2015, a request was submitted to the Planning Department for Staff to approve
the application for a waiver, deferral, and alternatives, which is called WDA to allow the use of millings as an
alternative material for the semi-truck parking and storage area. She stated on December 16, 2015, a WDA comment
letter was mailed out requesting additional information. She stated on August 9, 2017, a letter was mailed out to
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inform Mr. Miller and his engineer that due to Staff never receiving the documents requested back on December 16,
2015, the St. Lucie County Development Review Committee officially withdrew his application. She further stated
on November 20, 2017, a Notice to Appear was issued for the December 6, 2017 Code Board meeting. She noted at
the meeting Mr. Miller requested a continuation and the Board continued the case to the March 7, 2018 meeting. She
stated on December 14, 2017, Staff met with Mr. Miller to inform him what is required to bring the property into
compliance. She stated as of today’s date, Staff has not received any documents from Mr. Miller so the property is
still in violation.
Mr. Miller addressed the Board and asked Officer Williams to bring up exactly what we talked about in our December
meeting.
Officer Williams stated at the December Leslie Olsen who is our Director requested Mr. Miller to submit engineering
documents stating storm water does not impact his neighbors and we never received that documentation and Linda
Pendarvis is here from the Planning Department if you have any questions of her she was in that meeting also.
Mr. Miller stated at that meeting he was also informed that he was to install drainage and pave the parking lot or move
the vehicles and he told Ms. Pendarvis at that time that he was not going to move the vehicles. He stated he felt like
he was being abused and he has some information here he would like to pass on to the Board and Ms. Williams to
dispute the violation.
Linda Pendarvis, Planning Development Review Coordinator was sworn in by the Board’s Secretary.
Linda Pendarvis addressed the Board and stated Mr. Miller’s engineer did submit a request for millings on this property
back in 2015 with that there is a requirement to provide engineering to show to the County engineers the storm water
and drainage requirements in placing these millings on the property. She noted as stated in Ms. Williams outline that
is exactly how it went, they submitted application in 2015 we provided comments in December 2015 and there was
no response. She stated in August 2017 we provided a letter stating that we would withdraw the application because
there were no further documents provided for review.
Mr. Krieger, Code Board Attorney, addressed Chairman Fogg and asked him to have Mr. Miller identify what the
information he presented to the Board is.
Mr. Miller submitted twenty (20) photos and stated he took the time to take several photos and all of those are parking
lots used or owned by St. Lucie County that are not paved, there is no drainage plan, there is no landscape plan, no
lighting system and he thinks what we have here is two sets of rules. We have a set of rules for the taxpaying citizen
on private property and then we have another alternative set of rules for government and they get to do exactly what
they want to do with no regard. He stated the reason he did not respond to the drainage request is he has had this
property for thirty years and it has drained by itself with no extensive drainage system in place please help me why
does he have to put in a County ordered drainage system if his property is draining satis factorily.
Chairman Fogg asked Staff if they have anything else to say.
Katherine Barbieri, Assistant County Attorney stated we have some questions of Mr. Miller.
Katherine Barbieri asked Mr. Miller if he is charging for the parking on his property.
Mr. Miller answered he is.
Katherine Barbieri asked Mr. Miller are you running a business there.
Mr. Miller answered in the affirmative and stated he collects sales tax and he pays the sales tax every month along
with his other rental properties.
Katherine Barbieri asked Mr. Miller if he has a Business Tax Receipt License for the parking lot.
Mr. Miller answered he has a license to do business under Joseph G. Miller Properties.
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Katherine Barbieri asked do you have one for the parking lot sir.
Mr. Miller answered ma’am he does not have one he leases the parking lot to Bachrodt Freightliner, they lease a piece
of property across the street, this piece of property is included in their lease payment. He stated he does not lease
individually he leases the parking lot as one entity.
Katherine Barbieri asked Mr. Miller these parking lots of the counties you are showing do you know what jurisdiction
they are in, if they are in the City or the County.
Mr. Miller answered they are in the County.
Katherine Barbieri asked but are they in the City of Ft. Pierce also.
Mr. Miller asked which parking lots are we talking about.
Katherine Barbieri stated we can start with page one here at the County complex.
Mr. Miller they are probably in the City they are right behind where we are sitting today.
Katherine Barbieri asked so would that jurisdiction take precedence over the rules.
Mr. Miller answered he has a copy of the County Ordinance on parking and he also has a copy of City Ordinance on
parking and they must have been written by the same person because they are almost verbatim it is the same rules.
He stated you must have copied each other, it does not matter it still the fact that businesses are being mistreated and
he is here to tell you he is not going to take this laying down. He stated if you look at the pictures and take the time
that he did to travel around and look at the parking lots that the City is using and let make me one thing clear Bachrodt
Freightliner is the leasee of this parking lot, it is private to Bachrodt Freightliner. He stated the parking lots that the
County uses are open to the public which you could consider it a serious hazard to the average person so consequently
the County has a whole lot more exposure then his parking lot does so let’s make things fair. He stated are we going
to do a drainage plan for every parking lot in the City and the County, are we going to do a lighting system and
landscape requirements. He stated he did the landscaping and he thinks he did a pretty go od job and this has been
ongoing since late 2015 and enough is enough.
Chairman Fogg asked Staff if they have anything else.
Katherine Barbieri answered no sir.
Chairman Fogg addressed the Board and asked if they had any questions.
Mrs. Monahan stated she has a motion.
Mr. Monahan made a motion in reference to Case No. 84222 that the Code Enforcement Board makes the
following determination: After hearing the facts in this case, the testimony, and the recommendation of Staff
with regard to the existence of a violation, we determine there is no violation of the ordinance .
Mr. Murdock seconded the motion.
Mr. Fogg requested a roll call vote: Mrs. Monahan – yes, Mr. Fogg –yes, Mr. Taylor – yes, Mr. Murdock – yes,
Mr. Currie – recused himself. The motion carried.
Mr. Miller thanked the Board.
Case No. 92397, Location of violation, 6201 S US Hwy. 1, Fort Pierce, FL, Property Owner, Neal Keys. Bradford
Fellinger, tenant and Hoyt Murphy, representative for the property owner were sworn in by the Board’s Secretary.
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Officer Vargas Barrios addressed the Board and stated for the record she is submitting six (6) photos dated August 8,
2017 and three (3) photos dated March 6, 2018. She stated this case was brought before the Code Enforcement Board
on December 6, 2017 and was found in violation of St. Lucie County Land Development Code 11.05.01 Building and
Sign Permits for not having a permit for the wood deck and the renovation to the mobile home including enclosing
the windows. She noted the Board continued the case until the March 7, 2018 Code Enforcement Board. She stated
on December 5, 2017 the permit was applied for, but as of March 7, 2018 the permit has not been issued yet. She
stated the property owner and the tenant are here requesting for more time.
There was discussion among the Board, Staff, Mr. Fellinger and Mr. Murphy on the violation.
Mr. Currie made a motion in reference to Case No. 92397 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 a lleged
violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not
complied with by May 2, 2018, 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.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 93083, Location of violation, 6201 S US Hwy. 1, Fort Pierce, FL, Tenant, Bradford J. Fellinger. Bradford
Fellinger, tenant and Hoyt Murphy, representative for the property owner were sworn in by the Board’s Secretary.
Officer Vargas Barrios addressed the Board and stated for the record she is submitting six (6) photos dated August 8,
2017 and three (3) photos dated March 6, 2018. She stated this case was brought before the Code Enforcement Board
on December 6, 2017 and was found in violation of St. Lucie County Land Development Code 11.05.01 Building and
Sign Permits for not having a permit for the wood deck and the renovation to the mobile home including enclosing
the windows. She noted the Board continued the case until the March 7, 2018 Code Enforcement Board. She stated
on December 5, 2017 the permit was applied for, but as of March 7, 2018 the permit has not been issued. She stated
the property owner and the tenant are here requesting for more time.
There was discussion among the Board, Staff, Mr. Fellinger and Mr. Murphy on the violation.
Mr. Currie made a motion in reference to Case No. 93083 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 a lleged
violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not
complied with by May 2, 2018, 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.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 91393, Location of violation, 5802 Hickory Dr., Fort Pierce, FL, Property Owner, John E. and Tracey E.
Whigham. There was no one present to represent the property owner.
Officer Vargas Barrios addressed the Chairman and Board and stated she has submitted a request that is in your packet
Mr. Whigham is asking for one more continuation the permit is in house he was not able to make today’s meeting so
he is asking for one more continuation.
Chairman Fogg asked Staff have we given him one already.
Officer Vargas Barrios answered yes sir.
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Mr. Currie made a motion in reference to Case No. 91393 that the Code Enforcement Board continue this case
to the Code Enforcement Board hearing on April 4, 2018.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 91610, Location of violation, 251 N Cardinal Pl., Fort Pierce, FL, Property Owner, Ashley Erickson. There
was no one present to represent the property owner.
Officer Vargas Barrios addressed the Chairman and Board and stated there is a letter from Zabitosky Construction the
contractor for the next two companion cases he is also requesting a continuation there is a letter in your packet.
Chairman Fogg asked Staff if they have asked for a continuation on this before.
Officer Vargas Barrios answered no sir.
Mr. Currie made a motion in reference to Case No. 91610 that the Code Enforcement Board continue this case
to the Code Enforcement Board hearing on April 4, 2018.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 91659, Location of violation, 251 N Cardinal Pl., Fort Pierce, FL, Contractor, Zabitosky Construction LLC.
There was no one present to represent the contractor.
Officer Vargas Barrios addressed the Chairman and Board and stated there is a letter from Zabitosky Construction the
contractor for the next two companion cases he is also requesting a continuation there is a letter in your packet.
Chairman Fogg asked Staff if they have asked for a continuation on this before.
Officer Vargas Barrios answered no sir.
Mr. Currie made a motion in reference to Case No. 91659 that the Code Enforcement Board continue this case
to the Code Enforcement Board hearing on April 4, 2018.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 92705, Location of violation, 306 Bay St., Fort Pierce, FL, Property Owner, Susie Wester. Susie Wester,
the property owner was sworn in by the Board’s Secretary.
Officer Goycochea addressed the Board and stated for the record she is submitting ten (10) photos dated September
21, 2017. She stated on September 21, 2017 she inspected the property at 306 Bay St. and found it in violation of
Section 11.05.01, Building and Sign Permits, to obtain a permit for the addition on the property, Section 13.08.01
Standard Housing Code, Subsection 304, Exterior Structure, to please repair the roof, Section 13.08.01, Standard
Housing Code, Subsection 305, Interior Structure, to please repair the ceiling and Section 13.08.01, Standard Housing
Code, Subsection 504, Plumbing Systems and Fixtures, all plumbing fixtures must be properly installed and in good
working condition including washing machine draining onto the ground.
Officer Goycochea stated she issued a letter on September 27, 2017 with a compliance date of October 11, 2017. She
stated on September 29, 2017 she spoke with Susie the owner and she requested for more time and an extension was
granted. She noted Susie stated the room that was added to the property was paid for and she assumed it was do ne
with all the proper permits. She stated after no further communication she issued a certified Notice to Appear letter
for the March Code Board meeting and as of March 6, 2018, the property is still in violation.
There was discussion among the Board, Staff and Ms. Wester on the violations.
Mrs. Monahan made a motion in reference to Case No. 92705 that the Code Enforcement Board makes the
following determination: After hearing the facts in this case, the testimony, and the recommendations of staff
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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 June 15, 2018, 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 h eard, 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.
Case No. 92959, Location of violation, 2307 S 39th St., Fort Pierce, FL, Property Owner, VIP Home Management Inc.
Ray Villanova, contractor 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 dated September 18,
2017 and four (4) photos dated February 7, 2018. She stated on September 18, 2017, she inspected the property at
2307 S. 39th St. and found it in violation of Section 13.08.01 Standard Housing Code, Subsection 305, Interior
Structure, to please repair the ceilings and Section 13.08.01 Standard Housing Code, Subsection 304.13, Window,
Skylight, Door Frames, every window, skylight, door and frame shall be kept in sound condition, good repair and
weather tight. She issued a letter on September 27, 2017 with a compliance date of October 11, 2017. She stated after
getting no compliance, she issued a certified Notice to Appear letter for the March Code Board meeting. She noted
as of March 6, 2018 the property is still in violation.
There was discussion among the Board, Staff and Ray Villanova on the violations.
Mr. Taylor made a motion in reference to Case No. 92673 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 April 4, 2018, 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.
Mr. Murdock seconded and the motion carried unanimously.
Case No. 92760, Location of violation, 2406 Oak Dr., Fort Pierce, FL, Property Owner, Jordan Barnes. There was
no one present to represent the property owner.
Officer Williams addressed the Chairman and Board and stated before you is a letter from Mr. Barnes requesting a
continuation to the next meeting.
Chairman Fogg asked Staff have we given him a continuation in the past.
Officer Williams answered no.
Chairman Fogg addressed the Board stated we are looking for a motion.
Mr. Currie made a motion in reference to Case No. 92760 that the Code Enforcement Board continue this case
to the Code Enforcement Board hearing on April 4, 2018.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 93215, Location of violation, 5004 Sanibel Ave. Apt. C, Fort Pierce, FL, Property Owner, Saar Hayat. Saar
Hayat, the property owner was sworn in by the Board’s Secretary.
Officer Brubaker addressed the Board and stated for the record she is submitting seven (7) photos, four (4) dated
November 9, 2017 and three (3) dated March 6, 2018. She stated during her first inspection she found 5004 Sanibel
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Ave. Apt. C in violation of Section 13.08.00, Section 504, Plumbing Fixtures, to repair the leak in the home, Section
13.08.01, Section 604.3, the electrical outlets which has abated as of this morning, Section 13.08.01, Section 305,
Interior Structure, to replace and repair the wet drywall, Section 13.08.01, Section 305, to fix the holes in the walls
and ceilings which has abated and Section 13.08.01, Section 304, Exterior Structure which has abated. She issued a
letter and gave a compliance date of November 23, 2017. She stated she has had contact with the owner and we
discussed the ways to correct the violation. She noted as of March 6, 2018 the property remains in violation of the
plumbing leak and the repair of the drywall.
There was discussion among the Board, Staff and Mr. Hayat on the violations.
Mr. Murdock made a motion in reference to Case No. 9 3215 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 2, 2018, 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 1 st 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. Taylor seconded and the motion carried unanimously.
Case No. 93229, Location of violation, 6905 Santa Clara Blvd., Fort Pierce, FL, Property Owner, George T. Van
Haezebrouck. George T. Van Haezebrouck, the property owner was sworn in by the Board’s Secretary.
Officer DiFrancisco addressed the Board and stated for the record she is submitting a total of four (4) photos, two (2)
dated October 16, 2017 and two (2) dated March 5, 2018. She stated she found 6905 Santa Clara Blvd. to be in
violation of 7.09.05 (B), for removal of exotic vegetation. She issued a Notice of Violation letter on November 20,
2017 and gave a compliance date of December 4, 2017. She stated on December 11, 2017 she issued a certified Notice
to Appear for the March 7, 2018 Code Board meeting. She stated she posted the Notice to Appear on the property on
February 15, 2018. She stated she has had contact with the property owner, George, and explained the ways to correct
the violation, he is here today to request additional time. She noted as of March 5, 2018 the property remains in
violation.
There was discussion among the Board, Staff and Mr. Haezebrouck on the violation.
Mrs. Monahan made a motion in reference to Case No. 93229 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 15, 2018, 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.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 92970, Location of violation, 6703 Deleon Ave., Fort Pierce, FL, Property Owner, Patricia May. Patricia
May, the property owner was sworn in by the B oard’s Secretary.
Officer DiFrancisco addressed the Board and stated for the record she is submitting a total of four (4) photos, two (2)
dated October 13, 2017 and two (2) dated March 5, 2018. She stated she found 6703 Deleon Ave. to be in violation
of 13.09.00, Section 302.7, for exterior property maintenance of an accessory structure. She issued a Notice of
Violation letter on October 16, 2017 and gave a compliance date of October 30, 2017. She stated on January 16, 2018
she mailed out a certified Notice to Appear for the March 7, 2018 Code Board meeting. She posted the property on
February 15, 2018. She stated she has had contact with the property owner, Ms. May and explained the ways to
remedy the violation. She noted as of March 5, 2018 the property remains in violation.
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There was discussion among the Board, Staff and Patricia May on the violation.
Chairman Fogg addressed the Board and stated we are looking for a motion.
Mr. Taylor made a motion in reference to Case No. 92970 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 occu r and the alleged
violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not
complied with by May 15, 2018, a fine of up to $250.00 per day may be imposed. A prosecution cost was not
imposed on 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.
Case No. 93042, Location of violation, 7708 Westmont Dr., Fort Pierce, FL, Property Owner, Christopher House of
Hope 7705 Land Trust. James Denitto, representative for the property owner was sworn in by the Board’s Secretary.
Officer DiFrancisco addressed the Board and stated for the record she is submitting a total of six (6) photos, five (5)
dated October 18 2017 taken by Building Inspector Johnson and one (1) dated March 5, 2018 taken by her. She stated
Building Inspector Johnson found 7705 Westmont Ave. to be in violation of 11.05.01 and issued a Stop Work Order
for the application of stucco over the existing frame structure without a permit. She issued a Notice of Violation letter
on October 23, 2017 and gave a compliance date of November 6, 2017. She stated on January 17, 2018 she posted
the Notice to Appear for the March 7, 2018 Code Board meeting at the property. She stated she has had contact with
the property manager, Jim, and explained the ways to remedy the violation and he is here to ask for more time to
correct the violation. She noted as of March 5, 2018 the property remains in violation.
There was discussion among the Board, Staff and James Denitto on the violation.
Chairman Fogg addressed the Board and stated we are looking for a motion.
Mr. Murdock made a motion in reference to Case No. 9 3042 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 warr anted. If the Order of Enforcement is not
complied with by May 15, 2018, 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.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 92517, Location of violation, 5908 Fort Pierce Blvd., Fort Pierce, FL, Property Owners, Rocio Ribeiraud
and Manuel Ribeiro. Manuel Ribeiro, one of the property owner was sworn in by the Board’s Secretary.
Officer DiFrancisco addressed the Board and stated for the record she is submitting a total of seven (7) photos, two
(2) dated August 17, 2017, three (3) dated October 12, 2017 and two (2) dated March 6, 2018. She stated she found
5908 Fort Pierce Blvd. to be in violation of Section 38-26, for outside storage. She issued a Notice of Violation letter
on August 16, 2017 and gave a compliance date of August 30, 2017. She stated on January 16, 2018 she mailed out
a certified Notice to Appear for the March 7, 2018 Code Board Meeting. She stated she has had contact with the
property owner, Mr. Ribeiro, and explained the ways to remedy the violation and he is here to ask the board for more
time. She noted as of March 6, 2018 the property remains in violation.
There was discussion among the Board, Staff and Manuel Ribeiro on the violation.
Chairman Fogg addressed the Board and stated we are looking for a motion.
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Mr. Murdock made a motion in reference to Case No. 9 2517 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 15, 2018, 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.
Mr. Taylor 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______
91451 398 Nettles Blvd., Jensen Beach Loretta Kelly
92959 3250 S 7th St., Fort Pierce Solid Ground of St. Lucie County LLC
92964 3258 S 7th St., Fort Pierce Solid Ground of St. Lucie County LLC
92965 3280 S 7th St., Fort Pierce Solid Ground of St. Lucie County LLC
92885 706 N 35th St., Fort Pierce Zahava and Moshe Gur Arie
92843 4506 Matanzas Ave., Fort Pierce Axene Baret
93077 2868 Harson Way, Fort Pierce Matthew P. Bucci
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. 90559, Location of violation, 5811 Spruce Dr., Fort Pierce, FL, Property Owner, Daneal V. Frank Jr. Daneal
V. Frank Jr., the property owner was sworn in by the Board’s Secretary.
Officer Brubaker addressed the Board and stated for the record she is resubmitting four (4) photos, two (2) dated
January 10, 2017, two (2) dated July 31, 2017 and she is submitting two (2) photos dated March 5, 2018. She stated
this case was brought to the August 2017 Code Board and found in violation for Section 11.05.01, for having a shed
and a carport on the property without a permit, the Board gave a compliance date of March 1, 2018. She stated on
Monday, March 5, 2018 the owner came in and applied for the permits. She stated as of March 6, 2018 the property
remains in violation as the permits are now pending.
There was discussion among the Board, Staff and Mr. Frank Jr. on the violation.
Mr. Currie made a motion in reference to Case No. 90559 that the Code Enforcement Board continue this case
to the Code Enforcement Board hearing on May 2, 2018.
Mr. Taylor 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.
David M. Patterson, the property owner was sworn in by the Board’s Secretary.
Officer Goycochea addressed the Board and stated for the record she is resubmitting two (2) photos dated May 17,
2016, one (1) photo dated February 21, 2017, one (1) photo dated September 1, 2017, and submitting one (1) photo
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dated January 29, 2018, one (1) photo dated February 5, 2018 and two (2) photos dated March 6, 2018. She stated
this case was brought before the September 6, 2017 Code Board meeting for being in violation of Section 13.08.01,
to repair the roof. She stated Mr. Patterson was present and the Board gave a compliance date of January 31, 2018.
She stated on December 12, 2017 Marzo Roofing was contracted to fix the roof through the Self Program and on
February 16, 2018 the roof permit was issued out. She stated Staff is asking if the Board could give the Marzo Roofing
and the property owner until April 7, 2018 to complete the work before any fines are imposed.
There was discussion among the Board, Staff and Mr. Patterson on the violation.
Chairman Fogg stated to the Board we are looking for a motion.
Mrs. Monahan made a motion in reference to Case No. 88042 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 th e 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 15, 2018 with a maximum fine not to exceed
$5,000.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 93067, Location of violation, Lot next to 10867 S Ocean Dr., Jensen Beach, FL, Property Owner, EFTX
LLC. Blaine Hibberd, attorney and counsel for the property owner was present.
Chairman Fogg stated if you will just bear with us we are going to hear from Officer Goycochea and then we will get
back to you folks.
Mr. Hibberd asked if he could be heard on a motion to continue the hearing.
Katherine Barbieri, Assistant County Attorney addressed Chairman Fogg and stated they did file a motion to continue
the hearing, they only had one case number on there and Staff is not opposed to this motion for continuance if you
want to hear that. She stated they are working with us now and our goal obvious ly is compliance.
Chairman Fogg asked the pleasure of the Board.
Mrs. Monahan asked Staff so you are okay with us continuing the first one.
Katherine Barbieri stated and the second one even though they did not know about the case, we are moving the m
together. She stated Staff is in agreement of continuing both of them to keep them together.
Chairman Fogg stated continuation of this we are looking at thirty (30) days sir.
Mr. Hibberd stated we would request sixty (60) days if we could do that.
Mr. Taylor made a motion in reference to Case No. 93067 that the Code Enforcement Board continue this case
to the Code Enforcement Board hearing on May 2, 2018.
There was discussion among the Board, Staff and Mr. Hibberd on what they are working to correct the violation.
Mr. Currie seconded and the motion carried unanimously.
Case No. 93068, Location of violation, 10900 S A1A, Jensen Beach, FL, Property Owner, EFTX LLC. Blaine
Hibberd, attorney and counsel for the property owner was present.
Mrs. Monahan asked what is this about a ground sign and why is it not taken care of.
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Katherine Barbieri, Assistant County Attorney stated there was a ground sign there and they replaced the fascia part
of it which requires a permit.
Mrs. Monahan asked why are we continuing that.
Katherine Barbieri, Assistant County Attorney answered they are companion and they are working on it together. She
stated we could present evidence if the Board does not want to continue it.
Mrs. Monahan stated she wants to know what the holdup with that, why are you dragging your feet to get the permit.
Chairman Fogg asked Mr. Hibberd you were requesting a continuance on both cases and you did not know about the
second one.
Mr. Hibberd stated he was not aware of the second case (Case No. 93068).
Chairman Fogg stated we are going to go ahead and hear the second one.
There was further discussion among the Board and Mr. Hibberd on why this case has not been corrected.
Officer Goycochea addressed the Board and stated for the record she is re-submitting one (1) photo dated October 4,
2017. She stated this case was brought to the December 6, 2017 Code Enforcement Board for being in violation of
Section 11.05.01 Building and Sign Permits, to obtain a sign permit. She stated the Board gave a compliance date of
February 7, 2018. She stated as of March 6, 2018, no permit has been applied for and the property is still in violation.
There was discussion among the Board, Staff and Mr. Hibberd on the violation.
Mr. Murdock made a motion in reference to Case No. 93068 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 April 15, 2018 with a maximum fine not to exceed
$10,000.00.
Mr. Currie seconded and the motion carried.
Case No. 92573, Location of violation, 3110 Old Edwards Rd., Fort Pierce, FL, Property Owner, Hugh R. and Georgia
A. Blankenbaker. Georgia A. Blankenbaker and Claudia Blankenbaker, daughter of the property owner were sworn
in by the Board’s Secretary.
Officer Goycochea addressed the Board and stated for the record she is submitting two (2) photos dated August 23,
2017, four (4) photos dated October 6, 2017, four (4) photos dated December 4, 2017, two (2) photos dated March 2,
2018 and two (2) photos dated March 5, 2018. She stated this case was brought before December 6, 2017 Code Board
meeting and found in violation of Section 38-26, for outside storage of items and material and Section 38-26, for
having unserviceable vehicles. She stated the Board found the case in default since no one was present to represent
the property owner. She stated the Board gave a compliance date of January 5, 2018. She stated on March 5, 2018
she went out to the property and met with Claudia and Georgia and all the outside storage has been removed and the
vehicles were turned on and they do run and move. She noted as of March 5, 2018 the property is in compliance and
staff is recommending no fines be imposed.
There was discussion among the Board, Staff, Georgia A. Blankenbaker and Claudia Blankenbaker on the violations.
Chairman Fogg stated to the Board we are looking for a motion.
Mr. Currie made a motion in reference to Case No. 92573 that the Code Enforcement Board makes the
following determination: After hearing the facts in the case, the testimony, and the report of staff with regard
to the existence of a violation, that we determine the violations have been abated and no fine is imposed.
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Mr. Murdock seconded and the motion carried unanimously.
Case No. 89809, Location of violation, 3112 Sunrise Blvd., Fort Pierce, FL, Property Owner, Sandra C. Alfaro. There
was no one present to represent the property owner.
Officer Goycochea addressed the Board and stated for the record she is submitting three (3) photos dated December
4, 2017, two (2) photos dated January 29, 2018 and three (3) photos dated March 6, 2018. She stated this case was
brought to the December 6, 2017 Code Board meeting for being in violation of Section 11.05.01, to please obtain a
permit for the failed culvert pipe and driveway. She stated the Board found the case in default since no one was
present to represent the property owner. She noted the Board gave a compliance date of January 5, 2018. She stated
Staff has not had any contact with the property owner and as of March 6, 2018 the property is still in violation.
There was discussion among the Board, Staff and Patrick Dayan, St. Lucie County Water Quality Division Manager
on the violation.
Chairman Fogg stated to the Board we are looking for a motion please.
Mrs. Monahan made a motion in reference to Case No. 89809 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 January 6, 2018 with a maximum fine not to
exceed $5,000.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 91029, Location of violation, 9103 S Indian River Dr., Fort Pierce, FL, Property Owner, Timothy Derosier
(TR). There was no one present to represent the property owner.
Officer Vargas Barrios addressed the Board and stated for the record she is submitting three (3) photos, two (2) dated
March 9, 2017, one (1) dated September 22, 2017 and a copy of the property appraiser card. She stated this case was
brought before the December 6, 2017 Code Enforcement Board and was found in violation by default of St. Lucie
County Land Development Code 11.05.01, Building and Sign Permits, for not having a permit for the renovation
being done to include new openings on the roof and windows. She noted the Board gave a compliance date of January
5, 2018.
Officer Vargas Barrios stated on October 2, 2017 a permit has been applied for the renovation. She stated on October
30, 2017 a separate permit was issued for the windows therefore that part of the case is now abated. She stated as of
March 7, 2018 the property remains in violation as the permit for the renovation has not been issued yet. She stated
the representative for the property owner is requesting more time as they are working with a second engineer and this
is one of the reasons why it is taking a little longer in getting the permit issued. She stated he was not able to make
the meeting today but he has been in contact with Staff regarding the second engineer and paperwork they are
submitting.
Mrs. Monahan asked so what do you want the Board to do.
Officer Vargas Barrios answered if we could do a set date in May to get the permit issued.
Chairman Fogg stated so what we are talking about is doing a fine date in May.
Officer Vargas Barrios answered yes sir.
Mrs. Monahan made a motion in reference to Case No. 91029 that the Code Enfor cement 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
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day shall be imposed for each day the violation exists starting May 15, 2018 with a maximum fine not to exceed
$5,000.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 92803, Location of violation, 1008 N 39th St., Fort Pierce, FL, Property Owner, Shirley Ellis. There was no
one present to represent the property owner.
Officer Vargas Barrios addressed the Board and stated for the record she is submitting two (2) photos, one (1) dated
August 17, 2017, one (1) dated December 4, 2017 and a copy of a picture from the property appraiser card. She stated
this case was brought before the December 6, 2017 Code Enforcement Board and was found in violation by default
of St. Lucie County Land Development Code 11.05.01, Building and Sign Permits, for not having a permit for the
wood fence and for changing the garage doors into windows, the Board gave a compliance date of January 5, 2018.
She stated as of March 7, 2018 the property remains in violation as the permits have not been applied for and Staff
has had no communication from the property owner.
Chairman Fogg stated to the Board we are looking for a motion please.
Mr. Taylor made a motion in reference to Case No. 92803 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 January 6, 2018 with a maximum fine not to
exceed $5,000.00.
Mr. Murdock seconded and the motion carried unanimously.
Case No. 90914, Location of violation, 13821-13825 S. Indian River Dr., Jensen Beach, FL, Property Owner, Inner
Harbour Properties. Alicen Wong, attorney for the property owner was present.
Officer Vargas Barrios addressed the Board and stated for the record she is submitting four (4) photos, two (2) dated
February 9, 2011 from a previous case, one (1) dated April 27, 2017 and one (1) dated June 28, 2017. She stated this
case was brought before the December 6, 2017 Code Enforcement Board and was found in violation by default of St.
Lucie County Land Development Code 11.05.01, Building and Sign Permits, for not having a permit for the renovation
to the property. She stated the Board gave a compliance date of January 5, 2018. She stated on March 6, 2018 the
permit was issued, the case was in violation for fifty-six (56) days, the case is now closed and Staff is asking for no
fines to be imposed.
There was discussion among the Board, Staff and Ms. Wong on the violation.
Mr. Taylor made a motion in reference to Case No. 90914 that the Code Enforcement Board makes the
following determination: After hearing the facts in the case, the testimony, and the report of staff with regard
to the existence of a violation, that we determine the violations have been abated and no fine is imposed.
Mr. Murdock seconded and the motion carried unanimously.
Case No. 89488, Location of violation, 4703 Myrtle Dr., Fort Pierce, FL, Property Owners, Daniel and Lydia
Momany. There was no one present to represent the property owner.
Officer Vargas Barrios addressed the Board and stated for the record she is submitting seven (7) photos, one (1) dated
March 18, 2015 from a previous case, two (2) dated September 6, 2016, three (3) dated August 23, 2017 and a copy
of a sketch from the property appraiser card. She stated this case was brought before the December 6, 2017 Code
Enforcement Board and was found in violation by default of St. Lucie County Land Development Code 11.05.01,
Building and Sign Permits, for not having a permit for the structure in the back. She stated the Board gave a
compliance date of January 5, 2018.
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Officer Vargas Barrios stated on September 29, 2016 a Notice to Appear was sent Daniel and Lydia Momany the
property owners for 4703 Myrtle Dr., to please obtain a permit for the structure in the back with a correction date of
October 31, 2016. She stated on May 30, 2017 a Notice to Appear was sent for the September Board. She stated on
August 23, 2017 the property owner allowed Staff to come onto the property and take pictures and we let him know
we will try to see if Community Service could assist him as he is having financial issues and this is why he has not
been able to obtain the permit. She stated on August 25, 2017 she removed the case from the September Board
meeting as she contacted Staff and was waiting for a response. She stated on October 3, 2017 she received
communication from Community Services that they are not able to assist him and they referred us to another
organization called Clean Energy Loan Program since he is a veteran to see if maybe they could assist him. She stated
she contacted them and forwarded them the property owner’s information. She stated on October 5, 2017 a Notice to
Appear was sent for the December Code Board meeting. She stated on November 28, 2017 we contacted Staff to let
us know the organization will not be able to assist him. She stated as of March 7, 2018 a permit has not been applied
for and Staff has had no other communication from the property owner.
There was discussion among the Board and Staff on the vio lation.
Chairman Fogg asked if anyone on the Board has any questions and if not we are looking for a motion.
Mrs. Monahan made a motion in reference to Case No. 89488 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 th e 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 January 6, 2018 with a maximum fine not to
exceed $100.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 92217, Location of violation, 5189 Melissa Ln., Fort Pierce, FL, Property Owner, William J. Clark. There
was no one present to represent the property owner.
Officer DiFrancesco addressed the Board and stated for the record she is submitting a total of 10 photos, three (3)
dated July 21,, 2017, three (3) dated December 11, 2017 and two (2) dated March 5, 2018 taken by her and two (2)
photos dated October 30, 2017 taken by Officer Williams. She stated on July 20, 2017 she found 5189 Melissa Lane
to be in violation of Section 38-26, for an unserviceable vehicle and Section 38-97, for excessive overgrowth. She
stated she issued a Notice of Violation letter and gave a compliance date of August 7, 2017. She stated this case was
brought before the November 9, 2017 Code Enforcement Board for being in violation of Section 38-26, for the
unserviceable vehicle and Section 38-97, for excessive overgrowth. She stated the Board found the case in default
since no one was present to represent the property and the Board gave a compliance date of December 8, 2017. She
stated Staff has had no contact from the property owner since November 27, 2017 and as of March 5, 2018 the property
remains in violation.
Chairman Fogg stated to the Board we are looking for a motion.
Mrs. Monahan made a motion in reference to Case No. 92217 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 December 9, 2017 with a maximum fine not to
exceed $5,000.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 92725, Location of violation, 6472 Indrio Rd., Fort Pierce, FL, Property Owner, Vivian D. McPeek. Vivian
D. McPeek, the property owner was sworn in by the Board’s Secretary.
16
Officer DiFrancesco addressed the Board and stated for the record she is resubmitting three (3) photos, two (2) dated
November 27, 2017, one (1) dated December 4, 2017 and submitting three (3) new photos, two (2) dated February 26,
2018 and one (1) dated March 5, 2018. She stated on September 21, 2017 she found 6472 Indrio Road to be in
violation of Section 38-26, for outside storage. She stated she issued a Notice of Violation letter and gave a compliance
date of October 6, 2017. She stated this case was brought before the December 6, 2017 Code Enforcement Board for
being in violation of Section 38-26, for outside storage. She stated the Board found the case in violation. She noted
Mrs. McPeek was present and requested additional time to correct the violations and the Board gave a compliance
date of February 7, 2018. She stated as of March 5, 2018 the property remains in violation.
There was discussion among the Board, Staff and Mrs. McPeek on the violation.
Chairman Fogg stated to the Board we are looking for a motion.
Mrs. Monahan made a motion in reference to Case No. 92725 that the Code Enforcement Board makes the
following determination: After hearing the facts in the case, the testimony, and the repo rt 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 July 2, 2018 with a maximum fine not to exceed
$5,000.00.
Mr. Currie seconded and the motion carried unanimously.
Case No. 92028, Location of violation, 5102 La Salle St. Apt. A, Fort Pierce, FL, Property Owner, Gareth Hosford
(TR). Justin Moorefield, property manager for the property owner was sworn in by the Board’s Secretary.
Officer DiFrancesco addressed the Board and stated for the record she is resubmitting two (2) photos both dated July
6, 2017. She stated on July 6, 2017 she found 5102 La Salle St. Apt. A to be in violation of 13.08.01, Section 305,
for mold/mildew on the interior of the structure and 13.09.00, Section 303.2, for exterior property maintenance of the
structure. She issued a Notice of Violation letter and gave a compliance date of July 20, 2017. She stated this case
was brought to the December 6, 2017 Code Enforcement Board for being in violation of 13.08.01, Section 305, for
mold/mildew on the interior of the structure and 13.09.00, Section 303.2, for exterior property maintenance of the
structure. She stated the Board found the case in violation, the property manager, Justin, was present and requested
additional time to correct the violation. She state the Board granted a compliance date of March 1, 2018. She stated
Justin has been working on violations and is here to ask for additional time to complete the work. She stated as of
March 5, 2018 the property remains in violation.
There was discussion among the Board, Staff and Mr. Moorefield on the violations.
Chairman Fogg stated to the Board we are looking for a motion.
Mr. Currie made a motion in reference to Case No. 92028 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 th e 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 1, 2018 with a maximum fine not to exceed
$5,000.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 91765, Location of violation, 6906 Coquina Ave., Fort Pierce, FL, Property Owner, Robert Szalobryt. There
was no one present to represent the property owner.
Officer DiFrancesco addressed the Board and stated for the record she is resubmitting five (5) photos, one (1) dated
June 13, 2017, two (2) dated October 2, 2017 taken by her, two (2) dated October 30, 2017 taken by Officer Williams
and submitting four (4) new photos, two (2) dated January 24, 2018 and two (2) dated March 5, 2018. She stated on
June 14, 2017 she found 6906 Coquina Avenue to be in violation of 13.08.01, Section 304, for exterior structure
17
damage. She issued a Notice of Violation letter and gave a compliance date of June 28, 2017. She stated this case
was brought to the November 1, 2017 Code Enforcement Board meeting for being in violation of 13.08.01, Section
304, for exterior structure damage. She stated the Board found the case in violation and Mr. Szalobryt was present
and requested additional time to correct the violation. She stated the Board granted a compliance date of February 6,
2018. She stated Permit #1710-0741 to remove and replace the roof was issued on October 30, 2017. She stated Mr.
Szalobryt has been working on the roof repair and had planned to be here to request additional time to complete the
work. She stated as of March 5, 2018 the property remains in violation.
There was discussion among the Board and Staff on the violation.
Chairman Fogg stated to the Board we are looking for a motion.
Mr. Currie made a motion in reference to Case No. 91765 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 th e 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 April 2, 2018 with a maximum fine not to exceed
$5,000.00.
Mr. Taylor seconded and the motion carried.
Case No. 91766, Location of violation, 1680 N 41st St., Fort Pierce, FL, Property Owner, Jethseth Occeus LLC. There
was no one present to represent the property owner.
Officer Moise addressed the Board and stated for the record she is submitting seven (7) photos, two (2) dated July 13,
2017, two (2) dated October 23, 2017, one (1) dated January 29, 2018, one (1) dated February 5, 2018 and one (1)
dated March 5, 2018. She stated this case was brought to the November 1, 2017 Code Board meeting for Section
7.09.05 (B), for the removal of exotic vegetation encroaching neig hboring properties. She stated he property owner
was not present and the Board found the case in default and the Board gave a compliance date of December 8, 2017.
She stated she has had no contact with the owner and as of March 5, 2018 the property remains in violation.
Mrs. Monahan made a motion in reference to Case No. 91766 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 th e 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 December 9, 2017 with a maximum fine not to
exceed $10,000.00.
Mr. Murdock seconded and the motion carried unanimously.
Case No. 91279, Location of violation, 3601 Avenue S, Fort Pierce, FL, Property Owner, Edith K. Tinapp. There
was no one present to represent the property owner.
Officer Moise addressed the Board and stated for the record she is submitting six (6) photos, one (1) dated March 20,
2017, two (2) dated October 20, 2017, one (1) dated January 29, 2018, one (1) dated February 5, 2018 and one (1)
dated March 5, 2018. She stated this case was brought to the November 1, 2017 Code Board meeting for Section
7.09.05 (B), removal of exotic vegetation encroaching neighboring properties. She stated the property owner was not
present and the Board found the property in default and the Board gave a compliance date of December 8, 2017. She
stated she has had no contact with the owner and as of March 5, 2018 the property remains in violation.
There was discussion among the Board and Staff on the violation.
Mrs. Monahan made a motion in reference to Case No. 91279 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
18
day shall be imposed for each day the violation exists starting December 9, 2017 with a maximum fine not to
exceed $10,000.00.
Mr. Murdock seconded and the motion carried unanimously.
Case No. 93141, Location of violation, 4000 Avenue L, Fort Pierce, FL, Property Owner, Marie Jean Baptiste. There
was no one present to represent the property owner.
Officer Moise addressed the Board and stated for the record she is submitting eighteen (18) photos taken by Officer
Williams on June 3, 2016 which shows the inside of the home before renovations were done and eleven (11) photos
dated January 27, 2017 taken by her showing the renovations that were done without a permit. She stated the case
was brought to the December 6, 2017 Code Board meeting for Section 11.05.01, Building and Sign Permits, to please
obtain a permit for renovation/interior work being done. She stated the property owner was not present and the Board
found the property in default and the Board gave a compliance date of January 5, 2018. She stated she has had no
contact with the owner and as of March 5, 2018 the property remains in violation.
Chairman Fogg stated to the Board we are looking for a motion.
Mr. Taylor made a motion in reference to Case No. 93141 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 th e 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 January 6, 2018 with a maximum fine not to
exceed $5,000.00.
Mr. Murdock seconded and the motion carried unanimously.
Case No. 91897, Location of violation, 2800 Sheraton Blvd., Fort Pierce, FL, Property Owner, National Debt Relief
Services Inc. There was no one present to represent the property owner.
Officer Moise addressed the Board and stated for the record she is resubmitting thirteen (13) photos dated June 27,
2017. She stated this case was brought to the November 1, 2017 Code Board meeting for Section 11.05.01, to please
obtain a permit for the drywall, new windows, new water heater and plumbing work being done. She stated the
property owner was present and the Board found the property in violation and gave a compliance date of January 3,
2018. She stated she has had contact with the owner and as of March 5, 2018 the property remains in violation.
Mr. Currie made a motion in reference to Case No. 91897 that the Code Enforcement Board makes the
following determination: After hearing the facts in the case, the te stimony, 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 January 4, 2018 with a maximum fine not to
exceed $5,000.00.
Mr. Taylor seconded and the motion carried unanimously.
Case No. 91689, Location of violation, 2406 N 25th St., Fort Pierce, FL, Property Owner, Alexis Torres. There was
no one present to represent the property owner.
Officer Moise addressed the Board and stated for the record she is submitting eight (8) photos dated February 17,
2017. She stated this case was brought to the November 1, 2017 Code Board meeting for Section 13.08.01, Section
309, Pest Elimination, Section 13.08.01, Section 504, Plumbing Fixtures, please repair leaks, Section 13.08.01,
Section 305, Interior Surface, please repair holes, Section 13.08.01, Section 604.30, Electrical System Hazard, please
repair electrical light switches and electrical outlets, Section 13.08.01, Section 304.13, Windows, Skylight and Door
Frames, please repair doors and windows. She stated the property owner was not present and the Board found the
property in default and the Board gave a compliance date of December 8, 2017. She stated she has had contact with
the owner and as of March 5, 2018 the property remains in violation.
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There was discussion among the Board and Staff on the violation.
Mr. Currie made a motion in reference to Case No. 91689 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 th e 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 December 9, 2017 with a maximum fine not to
exceed $10,000.00.
Mrs. Monahan 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. 90254, Location of violation, 230 SE Camino St., Port St. Lucie, FL, Property Owner, Eli and Ayala Nisim.
Fine Reduction requested by Eli and Ayala Nisim. Alejandro Acevedo, representative for the property owner was
sworn in by the Board’s Secretary.
There was discussion among the Board, Staff and Alejandro Acevedo on the fine reduction request, his interest in the
property and reasons for requesting a reduction in the fine.
1st Motion
Mr. Currie made a motion in reference to Case No. 90254 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.
Motion failed for lack of a second.
2nd Motion
Mr. Currie made a motion in reference to Case No. 90254 that the Code Enforcement Board makes the
following determination: The fine of $5,000.00 imposed by the Code Enforcement Board is hereby reduced to
the amount of $1,250.00 this reduced fine must be paid within thirty (30) days of this hearing or the fine will
revert back to the original fine of $5,000.00.
Mrs. Monahan seconded.
Mr. Fogg requested a roll call vote: Mrs. Monahan – yes, Mr. Fogg –yes, Mr. Taylor – yes, Mr. Murdock – yes,
Mr. Currie – yes. The motion carried.
Mr. Krieger addressed the Chairman and stated just for clarification the prosecution cost has been reduced as
well.
Mr. Currie stated the prosecution cost is reduced to zero.
Case No. 91786, Location of violation, 7706 Lockwood Dr., Fort Pierce, FL, Property Owner, William B. Ealy. Fine
Reduction requested by Padrick A. Pinkney, Esq. Padrick A. Pinkney, Esq., representative for the property owner
was present.
There was discussion among the Board and Padrick A. Pinkney, Esq. on the fine reduction request.
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Mr. Taylor made a motion in reference to Case No. 91786 that the Code Enforcement Board makes the
following determination: The fine of $5,000.00 and prosecution cost of $200.00 impo sed by the Code
Enforcement Board is hereby reduced to the amount of zero.
Mr. Currie seconded and the motion carried unanimously.
Case No. 91717, Location of violation, 8445 S US 1, Port St. Lucie, FL, Property Owner, St. Lucie Plaza LLC. Fine
Reduction requested by Tim Tully, Jeremiah Baron & Co. Tim Tully, representative for the property owner and
Emmanuelle Taylor representative for the tenant were sworn in by the Board’s Secretary.
There was discussion among the Board, Tim Tully, representative for the property owner, and Emmanuelle Taylor,
representative for the tenant on the fine reduction request.
Mr. Currie stated he is going to recuse himself from this vote because his firm does some work for Jeremiah Baron &
Co.
Mrs. Monahan made a motion in reference to Case No. 91717 that the Code Enforcement Board makes the
following determination: The fine of $4,250.00 and prosecution cost of $200.00 imposed by the Code
Enforcement Board is hereby reduced to the amount of $1,062.50 this reduced fine must be paid within thirty
(30) days of this hearing or the fine will revert back to the original fine of $4,250.00 and a prosecution cost of
$200.00.
Mr. Murdock seconded and the motion carried. Mr. Currie recused himself.
Case No. 91774, Location of violation, 8445 S US 1, Port St. Lucie, FL, Tenant/Violator, Tint Citi Customz. Fine
Reduction requested by Craig Thompson, Tint Citi Customz. Tim Tully, representative for the property owner and
Emmanuelle Taylor representative for the tenant were sworn in by the Board’s Secretary.
There was discussion among the Board, Tim Tully, representative for the property owner, and Emmanuelle Taylor,
representative for the tenant on the fine reduction request.
1st Motion
Mrs. Monahan made a motion in reference to Case No. 91774 that the Code Enforcement Board makes the
following determination: The fine of $4,250.00 and prosecution cost of $200.00 imposed by the Code
Enforcement Board is hereby reduced to the amount of $1,062.50 this reduced fine must be paid within thirty
(30) days of this hearing or the fine will revert back to the original fine of $4,250.00 and a prosecution cost of
$200.00.
Motion failed for lack of a second. Mr. Currie recused himself.
2nd Motion
Mr. Murdock made a motion in reference to Case No. 91774 that the Code Enforcement Board makes the
following determination: The fine of $4,250.00 and prosecution cost of $200.00 imposed by the Code
Enforcement Board is hereby reduced to the amount of zero.
Chairman Fogg stated before he asks for a second he wants to clarify something with Staff and asked on this Fine
Reduction Hearing there are two (2) one is for the St. Lucie Plaza LLC which is the first one.
Officer Williams stated that is the property owner.
Chairman Fogg asked Staff and now this second one the tenant who created it.
Officer Williams answered in the affirmative.
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Mr. Murdock stated then he withdraws his motion, he thought it was the same person.
Motion failed for lack of a second.
3rd Motion
Mrs. Monahan made a motion in reference to Case No. 91774 that the Code Enforcement Board makes the
following determination: The fine of $4,250.00 and prosecution cost of $200.00 imposed by the Code
Enforcement Board is hereby reduced to the amount of $1,062.50 this reduced fine must be paid within thirty
(30) days of this hearing or the fine will revert back to the original fine of $4,250.00 and a prosecution cost of
$200.00.
Mr. Murdock seconded and the motion carried.
Case No. 89802, Location of violation, S 35th St., Fort Pierce, FL, Property Owner, Khadijeh R. Grace. Fine Reduction
requested by Khadijeh R. Grace. Khadijeh R. Grace, the property owner and Donny Ochse were sworn in by the
Board’s Secretary.
There was discussion among the Board, Khadijeh R. Grace and Donny Ochse on the fine reduction request.
Mr. Currie made a motion in reference to Case No. 89802 that the Code Enforcement Board makes the
following determination: The fine of $10,000.00 and prosecution cost of $200.00 imposed by the Code
Enforcement Board is hereby reduced to the amount of $2,500.00 this reduced fine must be paid within thirty
(30) days of this hearing or the fine will revert back to the original fine of $10,000.00 and a prosecution cost of
$200.00.
Mrs. Monahan seconded and the motion carried unanimously.
Case No. 91305, Location of violation, 110 Banyan Dr., Port St. Lucie, FL, Property Owner, Yakut Properties LLC.
Fine Reduction requested by Ronen Hazan, Yakut Properties LLC. Alejandro Acevedo, representative for the property
owner was sworn in by the Board’s Secretary.
There was discussion among the Board, Staff and Alejandro Acevedo on the fine reduction request, his interest in the
property and reasons for requesting a reduction in the fine.
Chairman Fogg stated to the Board we are looking for a motion.
Mrs. Monahan made a motion in reference to Case No. 91305 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.
Mr. Currie seconded.
Mr. Fogg requested a roll call vote: Mrs. Monahan – yes, Mr. Fogg –no, Mr. Taylor – yes, Mr. Murdock – no,
Mr. Currie – yes. The motion carried.
XIII. MOTION FOR REHEARING OR RECONSIDERATON: None.
XIII. OTHER BUSINESS: None.
XIV. STAFF BUSINESS: None.
ADJOURN: The meeting was adjourned at 12:13 p.m.