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HomeMy WebLinkAboutCEB 052018 MINUTES Code Enforcement Board Minutes – Final Draft May 2, 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 9:00 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 Hofmann. IV. APPROVAL OF MINUTES – APRIL 4, 2018 Mr. Taylor made a motion to accept the minutes of APRIL 4, 2018 as amended. Mr. Murdock seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official…………………………………………………………Carl Peterson Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Bea Goycochea .…………………………………………………………………………...Monica Vargas Barrios ……………………………………………………………………………Mirlande Moise ……………………………………………………………………………Dana DiFrancesco Senior Planner, Planning Department……………………………………Kori Benton Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Bea Goycochea, Monica Vargas Barrios, Mirlande Moise, Dana DiFrancesco and Kori Benton were sworn in by the Board’s Secretary. VI. PUBLIC COMMENTS: None. 2 VII. CONSENT AGENDA Rescind Order Imposing Fine/Lien_________________________________________________________ Rescinding of Order Imposing Fine/Lien – Regal Power Investment Inc. – Case No. 78083 Satisfaction of Fine and Release of Lien_____________________________________________________ Satisfaction of Fine and Release of Lien – James L. Preston (EST) – Case No. 74361 Request for Fine Reduction Hearing________________________________________________________ Request for Fine Reduction Hearing – William Mowery – Case No. 91360 Mr. Currie 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 93816 4803 Buchanan Dr., Fort Pierce Grateful Enterprise LLC 93012 4701 Pinetree Dr., Fort Pierce Patrick Cuoco and Mary R. Cuoco 93664 6001 Papaya Dr., Fort Pierce Walter C. Pfeiffer Jr. 93908 110 SE Solaz Ave., Port St. Lucie Laura Marotta 94117 2023 St. Lucie Blvd. Lot 238, Fort Pierce Whispering Creek Co-Op Inc. 94118 2023 St. Lucie Blvd. Lot 238, Fort Pierce Kathleen Hollinger 93768 7506 Pacific Ave., Fort Pierce Michael D. Green and Karen M. Green 93706 Lot next to 6051 N US Hwy. 1, Fort Pierce Atlantic Auto Pawn LLC 94036 10425 Okeechobee Rd., Fort Pierce Nancy Adams and Diana J. Mascioli (LF EST) 94165 256 Camino Del Rio, Port St. Lucie Wynne Building Corp. Case No. 91393 was heard first on the agenda: 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 document, they sent an email, and it is on your packets requesting a continuation. Mr. Murdock stated Mr. Chairman did we not continue this from April 4, 2018. Chairman Fogg answered yes. Mr. Murdock made a motion in reference to Case No. 91393 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 6, 2018. Mr. Taylor seconded and the motion carried unanimously. Case No. 93800, Location of violation, 1020 Shorewinds Dr., Fort Pierce, FL, Property Owner, VSH Realty Inc. Daniel Perez, representative for the property owner was sworn in by the Board’s Secretary. Companion Case No. 93800 and Case No. 93801 were heard together. Officer Williams addressed the Chairman and Board and stated for the record, she is submitting four (4) photos dated January 16, 2018. She stated the photos before you show that the beams are deteriorating, also the bottom of the 3 pumps are deteriorating and need to be replaced. She is also submitting four (4) photos dated May 1, 2018 showing the same violations. Officer Williams stated during her first inspection on January 16, 2018, she found the property in violation of Section 13.09.00, Exterior Property Maintenance Code, Section 302.7, Accessory Structures and Section 303.2, Property Treatment, for the gas pumps that are deteriorating and need to be replaced. She stated a notice was issued with a compliance date of February 5, 2018. She stated because the property was still in violation after the compliance date, she issued a Notice to Appear for the May 2, 2018 Code Enforcement Board meeting. She stated on April 26, 2018, Staff received the permit application to start the replacement, however, the permit could not be accepted because a few documents were missing. She stated since receiving the notices, representatives of the property owner have continuously been in contact with Staff on their progress and have been working diligently to bring the property into compliance. Daniel Perez, Civil Engineer/representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Mr. Perez on the violations and the time frame for having them corrected. Mr. Currie made a motion in reference to Case No. 93800 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 6, 2018. Mrs. Monahan seconded and the motion carried unanimously. Case No. 93801, Location of violation, 1020 Shorewinds Dr., Fort Pierce, FL, Property Owner, Cumberland Farms. Daniel Perez, representative for the property owner was sworn in by the Board’s Secretary. Companion Case No. 93800 and Case No. 93801 were heard together. Officer Williams addressed the Chairman and Board and stated for the record, she is submitting four (4) photos dated January 16, 2018. She stated the photos before you show that the beams are deteriorating, also the bottom of the pumps are deteriorating and need to be replaced. She is also submitting four (4) photos dated May 1, 2018 showing the same violations. Officer Williams stated during her first inspection on January 16, 2018, she found the property in violation of Section 13.09.00, Exterior Property Maintenance Code, Section 302.7, Accessory Structures and Section 303.2, Property Treatment, for the gas pumps that are deteriorating and need to be replaced. She stated a notice was issued with a compliance date of February 5, 2018. She stated because the property was still in violation after the compliance date, she issued a Notice to Appear for the May 2, 2018 Code Enforcement Board meeting. She stated on April 26, 2018, Staff received the permit application to start the replacement, however, the p ermit could not be accepted because a few documents were missing. She stated since receiving the notices, representatives of the property owner have continuously been in contact with Staff on their progress and have been working diligently to bring the property into compliance. Daniel Perez, Civil Engineer/representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Mr. Perez on the violations and the time frame for having them corrected. Mr. Currie made a motion in reference to Case No. 93801 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 6, 2018. Mrs. Monahan seconded and the motion carried unanimously. Case No. 93819, Location of violation, 370 E Midway Rd., Fort Pierce, FL, Property Owner, Steven R. Patterson. There was no one present to represent the property owner . 4 Officer Brubaker addressed the Chairman and Board and stated Staff is requesting a recommendation to continue this case to the August 1, 2018 Code Board meeting. Mr. Currie made a motion in reference to Case No. 93819 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 1, 2018. Mrs. Monahan seconded and the motion carried unanimously. Case No. 93929, Location of violation, 285 Berger Rd., Fort Pierce, FL, Property Owner, Richard Shearer. Richard Shearer, the property owner was sworn in by the Board’s Secretary. Officer Moise addressed the Chairman and Board and stated for the record she is submitting one (1) photo dated January 22, 2018, which shows the RV on the property, one (1) dated April 25, 2018, which shows a photo of the RV, and one (1) photo dated April 30, 2018 showing the RV is still on the property and one (1) photo dated May 1, 2018 which also shows the RV still on the property. Officer Moise stated during her first inspection she found 285 Berger Rd. in violation of Section 8.00.01, Accessory Uses and Structures, for a recreational vehicle not allowed on property without a primary structure and Section 11.05.01, Building and Sign Permits to obtain a permit for the fence. She issued a letter and gave a compliance date of February 15, 2018. She stated she has had one (1) contact with the owner on April 30, 2018 and we discussed ways to correct the violation. She stated as of May 1, 2018 the property remains in violation. There was discussion among the Board, Staff and Mr. Shearer on the violations, how he is going to correct them and what his timeframe is. Mrs. Monahan made a motion in reference to Case No. 93929 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on September 5, 2018. Mr. Currie seconded and the motion carried unanimously. Case No. 93686, Location of violation, 6111 Tedder Rd., Fort Pierce, FL, Property Owner, EJ’s Rental Investment LLC. Mr. Phillius, one of the property owners was sworn in by the Board’s Secretary. Officer Moise addressed the Chairman and Board and stated for the record she is submitting four (4) photos dated January 8, 2018, the photos before you show the damaged patio, the mold and mildew on the structure and the top of the patio needs to be repaired and also she submitted two (2) photos dated April 30, 2018 which shows the patio is still in need of repair and the mold and mildew is still on the structure and one (1) photo dated May 1, 2018 which shows the patio is still in need of repair. Officer Moise stated during her first inspection she found 6111 Tedder Rd. in violation of Section 13.09.00, Exterior Property Maintenance, Section 302.7, Accessory Structure, to repair the patio, and Section 13.09.00, Exterior Property Maintenance, Section 303.02, Protective Treatment, to remove the mold and mildew from the structure. She issued a letter and gave a compliance date of January 22, 2018. She stated she has had one (1) contact with the owner and as of May 1, 2018 the property remains in violation. Mr. Phillius stated when he bought the property it was in much worse condition than this and he has done everything to fix this property up to this condition. He stated he has cleaned up a lot of it and the mold was because of all the bushes all the way around it and you could not even see the house. He stated ever since he bought the house he has been getting nothing but code violations and this and that and he is tired of it. Mrs. Monahan stated then clean it up, run a pressure cleaner on it. Mr. Phillius stated once the insurance company gives him the money they told him they were to fix the property he will have everything done but he is not going to come out of his pocket to fix it. 5 Chairman Fogg stated when you bought the property you bought everything that comes with it and it is up to you to take care of it. There was further discussion among the Board, Staff and Mr. Phillius on the violations. and when they will be corrected. Mr. Currie made a motion in reference to Case No. 93686 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 August 1, 2018, a fine of up to $250.00 per day may be imposed. A c ost 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. 91411, Location of violation, 5306 Ebbtide Way, Fort Pierce, FL, Property Owners, Robert Gomez and Maria A. Coppola-Gomez. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Chairman and Board and stated there is a request for a continuation in your packet, he has sent an email requesting a continuation to the June meeting. Chairman Fogg stated to the Board do we have a motion on this continuation to the June 6, 2018 meeting. Mr. Murdock made a motion in reference to Case No. 91411 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 6, 2018. Mr. Taylor seconded and the motion carried unanimously. Officer Williams addressed Chairman Fogg and the Board and stated Mr. Saeed is here for Case #1 and Case #2. Chairman Fogg stated we start at 9 o’clock sir. Case No. 93260, Location of violation, 6611 Fort Pierce Blvd., Fort Pierce, FL, Property Owner, Mohammad Afzal and Ghazanfar Saeed. Mr. Saeed, one of the property owners was sworn in by the Board’s Secretary. Officer DiFrancesco addressed the Chairman and Board and stated for the record, she is submitting a total of eleven (11) photos: six (6) dated November 21, 2017, what you are looking at is a complaint of mold and mildew inside of the structure that is on the a/c unit, the next is washer they had to put the hose for the discharge from the washer to the outside because of the plumbing issues they have when they put it into the normal hole it would come right back up so they it to the exterior. She stated that is the dryer receptacle plug -in, the washer plug-in again you see the hose going from the washer out of the actual dryer receptacle hole to the exterior, that is mold and issues from an exterior leak in the roof that has come through to the garage area that shows mold/mildew. She stated she has five (5) dated March 20, 2018 that show the damage to the soffits, as you can see there is different discolorations in the ceiling from the roof damage and water leak that they had experienced, again another photo of the soffits not even being present, another photo of discoloration on the ceiling from the water damage from the roof and another mold photo Officer DiFrancesco stated the complaint was filed by a tenant of the property and upon inspection, she found 6611 Fort Pierce Blvd. to be in violation of 13.09.00, Section 303.2, Exterior Protective Treatment, 13.08.01, Section 305, Interior mold and mildew, 13.08.01, Section 504, Plumbing Systems and Fixtures, and 13.08.01, Section 604.3, Electrical Systems. She issued a Notice of Violation letter on November 22, 2017 and gave a compliance date of December 6, 2017. She stated on March 20, 2018 she hand delivered the Notice to Appear to the Code Board hearing to a new tenant. She stated on multiple occasions, she has corresponded with Mr. Saeed and explained the ways to correct the violation. She stated this case was on the agenda for the April 4, 2018 Code Board meeting but per the 6 request of the owner, the Board granted a continuance to the May 2, 2018 Code Board meeting. She stated Mr. Saeed is here to request additional time to correct the violations. She noted as of May 1, 2018 the property remains in violation. Chairman Fogg stated he read this case in default but we are talking about Case No. 93260. Mrs. Monahan stated to Mr. Saeed sir this place is a hovel, there is no excuse for this. Mr. Saeed stated it was a very tedious process to pull a permit, he stated it has a total new roof already and now they are asking for engineering plans. Mrs. Monahan stated then fix it right, this needs to be torn down or fixed there is no excuse in this. Mr. Saeed stated 90% of the problems have been taken care of. Mrs. Monahan asked Officer DiFrancesco if 90% of the problems have been taken care of. Officer DiFrancesco answered she inspected the property on March 20, 2018 and you saw the photos in the current condition it was. She stated no inspections have been scheduled or called in for inspection at this point. She stated he did file and was issued a renovation permit which would be inclusive of fixing a lot of these things but he has not called in for any of those inspections at this time. Mr. Saeed stated he has not called in for any inspections because it needs engineering and all those different things. He stated his architect and engineer are working hand in hand together just to get it done. Chairman Fogg asked Mr. Saeed how long he had owned the property. Mr. Saeed answered more than a year, two years. There was further discussion among the Board, Staff and Mr. Saeed on the seriousness of the violations. Mr. Currie addressed Chairman Fogg and stated he has a motion. Mr. Currie made a motion in reference to Case No. 93260 that the Code Enforcement Board makes the following determination: After hearing the facts in this c ase, 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 Enf orcement is not complied with by June 29, 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. Mrs. Monahan seconded and the motion carried unanimously. 2nd Motion to Refer to the B.O.C.C. Mrs. Monahan made a motion in reference to Case No. 93260 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, and the recommendation of staff with regard to the existence of a violation, we determine: The condition caused by the violation represents a serious threat to the public health, safety and welfare and Staff is directed to notify the St. Lucie County Board of County Commissioners of this condition. Mr. Taylor seconded and the motion carried unanimously. Case No. 92891, Location of violation, 9301 Deland Ave., Fort Pierce, FL, Property Owner, Ghazanfar Saeed and Mohammad Afzal. Mr. Saeed, one of the property owners was sworn in by the Board’s Secretary. 7 Officer DiFrancesco addressed the Chairman and Board and stated for the record she is submitting a total of thirteen (13) photos: three (3) dated October 11, 2017, here what you are looking at is the exterior of the property there is mold and mildew along with water damage, you can see it puckering on the exterior of the property, the next is the a/c units have been installed improperly with dirty wood, another photo of the electrical line going from the inside hooked up to the washer to the outside through that hole. She stated she has ten (10) dated March 20, 2018 again these are the exterior where you see the mold and mildew along with how the a/c units are installed, this is the exterior with rotting wood, the next is a section of the siding that has been replaced with plywood , along with outside storage of toilets. She stated these are electrical extension cords that run inside and outside of the structure and back inside to other rooms, this is outside storage at the rear of the property, here we have a hole under the plumbing causing it not to be installed properly, a drainage issue as well, again another photo of how the a/c units have been installed, and electrical. Officer DiFrancesco stated the complaint was filed by a tenant of the property and upon inspection, she found 8301 Deland Ave. to be in violation of 13.09.00, Section 303.2, Exterior Protective Treatment, 13.08.01, Section 304, Exterior Structure Maintenance, 13.08.01, Section 504, Plumbing Systems and Fixtures, 13.08.01, Section 604.3, Electrical Systems, 13.08.01, Section 305, Interior Structure Maintenance, and Section 38-26, for outside storage. She issued a Notice of Violation letter on October 18, 2017 and gave a compliance date of November 6, 2017. She stated on March 20, 2018 she hand delivered the Notice to Appear for the April 4, 2018 Code Board meeting to a new tenant. She stated on multiple occasions, she has corresponded with Mr. Saeed and explained the ways to correct the violation. She stated the case was on the agenda for the April 4, 2018 Code Board meeting per the request of the owner, the Board granted a continuance to the May 2, 2018 Code Board. She stated Mr. Saeed is here to ask for additional time to correct the violations. She noted as of May 1, 2018 the property remains in violation. Chairman Fogg asked if there are tenants in the property at this time. Officer DiFrancesco answered on her initial inspection on October 11, 2017 there was a tenant and when she went to post the property there was a new tenant who identified himself as being moved in as of March 20, 2018. Mrs. Monahan asked Officer DiFrancesco why she posted the property and asked do we not mail notices. Officer DiFrancesco answered we send it certified as well but if it has not been received by our postin g date we go and post the property to make sure the property owners are aware. She stated we have been in contact with Mr. Saeed from the beginning as well. Chairman Fogg asked Mr. Saeed when he purchased the property. Mr. Saeed answered in 2013. There was further discussion among the Board, Staff and Mr. Saeed on the violations , what he is doing to correct the violations and the seriousness of the violations. Mr. Currie addressed Chairman Fogg and stated he has a motion. Mr. Currie made a motion in reference to Case No. 92891 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 vio lation 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 29, 2018, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has bee n 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. Mrs. Monahan seconded and the motion carried unanimously. 2nd Motion to Refer to the B.O.C.C. 8 Mrs. Monahan made a motion in reference to Case No. 92891 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, and the recommendation of staff with regard to the existence of a violation, we determine: The condition caused by the violation represents a serious threat to the public health, safety and welfare and Staff is directed to notify the St. Lucie County Board of County Commissioners of this condition. Mr. Murdock seconded and the motion carried unanimously. Officer Williams addressed Chairman Fogg and the Board and stated #12 on page 8 is here she came in a little bit late. Chairman Fogg stated Case No. 93997, 6721 S US 1, Port St. Lucie, FL, Property Owner, Christine Vitolo (TR) and Companion Case No. 93975, 6721 S US 1, Port St. Lucie, FL, Tenant, City Reach Church and we have somebody here representing that. Companion Case No. 93997 and Case No. 93975 were heard together. Case No. 93997, Location of violation, 6721 S US 1, Port St. Lucie, FL, Property Owner, Christine Vitolo (TR). Sharon Farmer, representative for the property owner was sworn in by the Board’s Secretary. Officer Brubaker addressed the Chairman and Board and stated for the record she is submitting two (2) photos, one (1) dated January 26, 2018, showing that the church is occupying 6721 S US 1 and one (1) dated April 30, 2018, showing that the church is still there occupying the property. Officer Brubaker stated during her first inspection she found 6721 S US 1 in violation of Section 11.05.00, for no zoning compliance and Section 11.05.01, to bring the tenant space into conformance with the use and occupancy classification. She issued a letter and gave a compliance date of February 26, 2018. She stated she has h ad contact with the owner of the property Christine Vitolo and explained the ways to correct the violation. She stated on April 6, 2018 the zoning compliance was applied for and as of May 1, 2018 the zoning compliance is pending and there is no permit applied for and the property remains in violation. There was discussion among the Board, Staff and Sharon Farmer of City Reach Church on the violations and when they will be corrected. Mr. Murdock made a motion in reference to Case No. 93997 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 1, 2018. Mr. Taylor seconded and the motion carried unanimously. Companion Case No. 93997 and Case No. 93975 were heard together. Case No. 93975, Location of violation, 6721 S US 1, Port St. Lucie, FL, Tenant, City Reach Church. Sharon Farmer, representative/pastor of City Reach Church was sworn in by the Board’s Secretary. Officer Brubaker addressed the Chairman and Board and stated for the record she is submitting two (2) photos, one 1) dated January 26, 2018, showing that the church is occupying 6721 S US 1 and one (1) dated April 30, 2018, showing that the church is still there occupying the property. Officer Brubaker stated during her first inspection she found 6721 S US 1 in violation of Section 11.05.00, for no zoning compliance and Section 11.05.01, to bring the tenant space into conformance with the use and occupan cy classification. She issued a letter and gave a compliance date of February 26, 2018. She stated she has had contact with the owner of the property Christine Vitolo and explained the ways to correct the violation. She stated on April 6, 2018 the zoning compliance was applied for and as of May 1, 2018 the zoning compliance is pending and there is no permit applied for and the property remains in violation. 9 There was discussion among the Board, Staff and Sharon Farmer of City Reach Church on the violations and when they will be corrected. Mr. Murdock made a motion in reference to Case No. 93975 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 1, 2018. Mr. Taylor seconded and the motion carried unanimously. Default Case: Mr. Fogg recused himself from voting on default Case No. 93605, Location of violation, Post Office Rd., Fort Pierce, FL, Property Owner, Midway Industrial Park POA. Mr. Currie stated as Mr. Fogg has recused himself from default Case No. 93605 and asked Mr. Krieger, Code Enforcement Board Attorney how we handle that. Mr. Krieger, Code Enforcement Board Attorney, answered do that one as a separate default motion. Mrs. Monahan read Case No. 93605 into the record as a separate default and stated we need a motion to find them in default. Case No. 93605, Location of violation, Post Office Rd., Fort Pierce, FL, Property Owner, Midway Industrial Park POA. There was no one present to represent the property owner. Mr. Currie made a motion in reference to Case No. 93605 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 Bo ard adopt the recommendation of staff as set forth on the agenda. Mr. Taylor seconded and the motion carried. 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______ 92196 2308 Grand Oak Ave., Fort Pierce Southern Oak Estates POA 94186 4993 Melissa Ln, Fort Pierce Kevin Horton 94365 2313 N 41st St., Fort Pierce Samuel Anicette 93787 6804 Santa Clara Blvd., Fort Pierce Lucresha A. Robinson-Reeves 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. Mr. 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 six (6) photos, two (2) dated January 10, 2017, this photo is showing the shed that did not have a permit at the time, this one is the carport that was not permitted, she also submitted t wo (2) photos dated July 31, 2017, that is another picture of the shed and the carport and two (2) photos dated March 5, 2018, of the carport and shed. 10 Officer Brubaker 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 at the March Fine Hearing the case was continued to the May Hearing. She stated on April 30, 2018 the permits for the shed and the carport were issued and the case abated. She stated the property was in violation for fifty-nine (59) days. Mr. Frank Jr. submitted seven (7) photos he had taken of how the property looks now that he wanted the Board to see. There was discussion among the Board, Staff and Mr. Frank Jr. on the abated violation. Mrs. Monahan stated she has a motion. Mrs. Monahan made a motion in reference to Case No. 90559 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. 93067, Location of violation, Lot next to 10867 S Ocean Dr., Jensen Beach, FL, Property Owner, EFTX LLC. Mr. Hibbard, Attorney was present to represent the property owner. Also present was Jodi L. Colello, stenographer for the owner. Mr. Benton, Senior Planner, Planning Department was sworn in by the Board’s Secretary. Officer Goycochea addressed the Chairman and Board and stated there is a letter in the file asking to continue the hearing. Mr. Krieger, Code Enforcement Board Attorney stated there is a motion from the attorney on that letter. Mrs. Monahan asked Staff how they felt about the motion. Chairman Fogg stated to Mr. Hibberd so you are asking for it to be continued. Mr. Hibberd answered in the affirmative. He stated since the last meeting here himself and Mr. Montgomery, the engineer have met with Planning to continue working on the major adjustment to the Minor Site Plan. He stated since that time Planning has issued a third DOC report and Mr. Montgomery has come back on April 19th to file a resubmittal and this may not have been processed because it filing was just in April. He stated he thinks they are making progress on this the amendment to the site plan is about paving this lot and so we are going through the process here. He stated we have three key issues outstanding but we are trying to proceed forward and we are doing it diligently, especially since the last meeting to try and get approval on the site plan to proceed forward and pave this lot. He stated then the issues of fine related to parking in an unpaved lot will be moot essentially. Mrs. Monahan asked the Chairman if the Board can hear from Staff on their position and some background on this case. Mr. Currie stated he thinks there is a representative from Planning here can we hear from them also. Officer Goycochea addressed the Board and stated for the record she is resubmitting three (3) photos dated October 7, 2017 taken by Officer Brubaker, five (5) photos dated October 14, 2017 taken by Officer Vargas-Barrios, and four (4) photos dated November 4, 2017 taken by herself and she is submitting five (5) photos dated February 10, 2018 taken by Officer Brubaker and five (5) photos dated March 3, 2018 taken by herself and three (3) photos dated April 28, 2018 taken by Officer Vargas-Barrios. She gave a detailed description of the photos. Officer Goycochea stated the case was brought to the December 6, 2017 Code Board meeting for being in violation of Section 11.02.00, Planned Development Site Plan, per PDS Order 15-034, the vacant parcel is to be used for employee parking only, please cease using the property for customer parking and as a parking lot. She stated the Board gave a compliance date of February 7, 2018. She stated the case was continued at the March 7, 2018 Code Board meeting. She stated as of our last inspection on April 28, 2018, the property is still in violation, employees are 11 still valet parking cars. She stated Staff has not had any further contact with the property owner and as of May 1, 2018, the property is still in violation. Chairman Fogg asked the Board if they had any questions. Mr. Currie stated he had a question for Mr. Benton. Katherine Barbieri, Assistant County Attorney addressed the Board and stated to give you a timeline they have been communicating with Mr. Benton. Mr. Benton, Senior Planner, Planning Department addressed the Board and stated a brief history of the project it was originally filed with the Planning and Development Department in April of 2017 and there has been several renditions of the application filed to extend this parking lot, improved parking lot, associated landscaping, drainage and other site enhancements. He stated we are on the third rendition as Staff completed review of the plans as the applicant’s representative stated that report was issued March 22, 2018. He stated the applicant’s representative, the engineer on the project Scott Montgomery has indicated intention of resubmitting based upon the most recent set of comment s, however today he is not aware of that submittal being accepted or submitted to Planning and Development. He stated but they have indicated intentions to adjust the plans according to the comments and refile for further review. He stated to acknowledge the scope of application of major adjustment to a minor site plan is an administrative review and approval contingent upon compliance with the Development Review Committee compliance and consistency with Land Development Code. Mr. Currie asked Mr. Benton based on his experience how much longer would it be before say they make a submittal in two or three weeks how much time after that would Staff need in order to get or render approval. Mr. Benton answered the outlook for review by Staff is three to four weeks upon resubmittal, anticipating the resubmitted plans comply with the County’s Land Development Code it would be within that period of time leaving an additional week for the Director of Planning and Development to review and hopefully issue a PDS O rder for the project. Chairman Fogg asked Mr. Hibberd what the length of time they are asking for is. Mr. Hibberd answered they would request sixty days. Mrs. Monahan made a motion in reference to Case No. 9 3067 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 1, 2018. Mr. Murdock seconded and the motion carried unanimously. Case No. 92416, Location of violation, 3880 Edwards Rd., Fort Pierce, FL, Property Owner, Tonya Edenfield. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated there is a letter in the file that the property owner submitted requesting a continuance to the next Code Board. Mrs. Monahan made a motion in reference to Case No. 9 2416 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 6, 2018. Mr. Currie seconded and the motion carried unanimously. Case No. 93293, Location of violation, 2501 Iroquois Ave., Fort Pierce, FL, Property Owner, Sheppard L. and Celetine J. Baker. Celetine J. Baker, one of the property owners was sworn in by the Board’s Secretary. Officer DiFrancesco addressed the Board and stated for the record she is resubmitting one (1) photo dated November 21, 2017 and submitting three (3) new photos: two (2) dated April 5, 2018 and one (1) dated April 23, 2018. She gave a detailed description of the photos. 12 Officer DiFrancesco this case was brought to the February 7, 2018 Code Enforcement Board for being in violation of Section 38-26, for outside storage, and 13.09.00, Section 303.2, for exterior property maintenance. She stated the Board found the case in violation, the property owner, Mrs. Baker, was present and requested additional time to correct the violation. She noted the Board granted a compliance date of April 4, 2018. She stated the violation for exterior property maintenance was abated prior to the April 4, 2018 date, however the outside storage remained in violation until April 23, 2018, a total of eighteen (18) days. She stated Mrs. Baker is here to explain what happened regarding the violation of outside storage, as of April 23, 2018 the property is in compliance. There was discussion among the Board, Staff and Mrs. Baker on the violations that have been abated. Mr. Currie made a motion in reference to Case No. 93293 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 i mposed. Mr. Murdock seconded and the motion carried unanimously. Case No. 93077, Location of violation, 2868 Harson Way, Fort Pierce, FL, Property Owner, Matthew P. Bucci. John Maire, the new property owner was sworn in by the Board’s Secretary. Officer DiFrancesco addressed the Board and stated for the record she is submitting a total of nine (9) photos: five (5) dated October 24, 2017, two (2) dated March 5, 2018 and two (2) dated April 30, 2018. She gave a detailed description of the photos. Officer DiFrancesco stated this case was brought before the March 7, 2018 Code Enforcement Board and found in violation of 13.09.00, Section 303.2, Exterior Property Maintenance 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 April 7, 2018. She stated she inspected the property on April 25, 2018 and the excessive overgrowth has been mowed. She noted since the March Code Board meeting, Staff has had contact with the property owner, Matthew Bucci and explained the ways to remedy the violation. She stated as of May 1, 2018 the property remains in violation. John Maire, addressed the Board and stated he bought this property on April 23, 2018 and he has been getting quotes to correct all this. There was further discussion among the Board, Staff and Mr. Maire on the violations and when they would be corrected. Chairman Fogg addressed the Board and stated we are looking for a motion please. Mr. Murdock made a motion in reference to Case No. 93077 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on September 5, 2018. Mrs. Monahan seconded and the motion carried unanimously. Case No. 92843, Location of violation, 4506 Matanzas Ave., Fort Pierce, FL, Property Owner, Axene Baret. There was no one present to represent the property owner. Officer Moise addressed the Board and stated for the record she is submitting two (2) photos taken on October 2, 2017 by David Johnson, building inspector, one (1) photo dated October 2, 2017, one (1) photo dated October 13, 2017 and ten (10) photos dated May 1, 2018. She gave a detailed description of the photos. Officer Moise stated at the March 7, 2018 meeting, the property owner was not present and the Board found the property in default for Section 11.05.01, to obtain a permit for the work being done without a permit and gave a compliance date of April 6, 2018. She stated she has had contact with the owner and as of May 1, 2018 the property remains in violation. 13 There was discussion among the Board and Staff on the violations. Mrs. Monahan made a motion in reference to Case No. 92843 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 7, 2018 with a maximum fine not to exceed $10,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 92885, Location of violation, 706 N 35th St., Fort Pierce, FL, Property Owners, Zahava and Moshe Gur Arie. There was no one present to represent the property owner. She gave a detailed description of the photos. Officer Moise addressed the Board and stated for the record she am submitting four (4) photos dated October 9, 2017, three (3) photos dated March 5, 2018, two (2) photos dated April 30, 2018, and one (1) photo dated May 1, 2018. She gave a detailed description of the photos. She gave a detailed description of the photos. Officer Moise stated at the March 7, 2018 meeting, the property owner was not present and the Board found the property in default for Section 38-26, for outside storage, Section 38-97, for overgrowth and Section 13.08.01, Section 303.2, Protective Treatment, to repair the fascia and gave a compliance date of April 6, 2018. She stated she has had no contact with the owner and as of May 1, 2018 the property remains in violation. Mrs. Monahan made a motion in reference to Case No. 92885 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 7, 2018 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried unanimously. X. REPEAT VIOLATION: None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING: Case No. 59460, Location of violation, 6602 Eden Rd., Fort Pierce, FL, Property Owner, Rueben F. Arroyo/Arroyo Enterprises Inc. Fine Reduction requested by Rueben F. Arroyo. Jonathan Arroyo, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Jonathan Arroyo on the fine reduction request and why they are requesting a reduction in the fine. Mr. Murdock made a motion in reference to Case No. 59460 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and prosecution cost of $125.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $125.00 if paid within thirty (30) days or it will revert back to the fine of $10, 000.00 and prosecution cost of $125.00. Mr. Currie seconded and the motion. Mr. Fogg requested a roll call vote: Mrs. Monahan – yes, Mr. Fogg –no, Mr. Taylor – yes, Mr. Murdock – yes, Mr. Currie – yes. The motion carried. 14 XIII. MOTION FOR REHEARING OR RECONSIDERATON: None. XIII. OTHER BUSINESS: None. XIV. STAFF BUSINESS:  Discussion on cancelling the July 4, 2018 Code Enforcement Board meeting. Officer Williams addressed the Chairman and Board and stated Staff would like a motion to cancel the July 4, 2018 Code Enforcement Board meeting. Mr. Currie made a motion to cancel the July 4, 2018 Code Enforcement Board meeting. Mr. Murdock seconded the motion and it carried unanimously. Chairman Fogg addressed Staff and stated he has questions on the Code Enforcement Case Fines Data Report that was given to the Board. He stated there are some really old cases on the report and we are carrying a deficit of two million and asked Staff how we collect money on this outstanding balance. Officer Williams answered they have to pay us, we are doing the Lien Amnesty Program next month. She stated hopefully this applicants will apply and pay the reduced fine. She stated it stays on for twenty ye ars until when they decide to pay. Chairman Fogg asked at the end of twenty years what happens. Officer Williams answered it comes off per state statute. There was further discussion among the Board and Staff on the Fine report, how fines are collected and the whole process. Chairman Fogg stated that is why he brings to the Board’s attention Staff’s recommendation on fine reduction hearings. ADJOURN: The meeting was adjourned at 11:24 a.m.