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HomeMy WebLinkAboutNOVEMBER 7, 2018 MINUTES FINAL DRAFTF Code Enforcement Board Minutes – Final Draft November 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 Vice-Chairman...………………………………………………………...Mrs. Margaret Monahan Board Members..………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Randy Murdock …………………………………………………………………………...Mr. Brad Currie Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: None. IV. APPROVAL OF MINUTES – OCTOBER 3, 2018 Mr. Taylor made a motion to accept the minutes of October 3, 2018. 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 Planning & Development Services Director……………………………..Mayte Santamaria Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Bea Goycochea, Monica Vargas Barrios, Mirlande Moise, Dana DiFrancesco and Mayte Santamaria were sworn in by the Board’s Secretary. VI. PUBLIC COMMENTS: None. 2 VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien____________________________________________________________ Satisfaction of Fine and Release of Lien – Jemsellis Inc. – Case No. 90942 Satisfaction of Fine and Release of Lien – Primitivo M. Martinez – Case No. 79146 Satisfaction of Fine and Release of Lien – George E. and Amy H. Morton – Case No. 80466 Rescind Findings of Fact, Conclusion of Law and Order and Order Imposing Fine/Lien _______________________ Rescind Findings of Fact, Conclusion of Law and Order and Order Imposing Fine/Lien – Edward Voels – Case No. 94461 Mr. Taylor made a motion to approve and accept staff’s recommendation as present ed. 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 93655 505 N 39th St., Fort Pierce Mark Handzel 95218 7804 Holopaw Ave., Fort Pierce Mohammad Afzal 95846 4912 Paleo Pines Cir., Fort Pierce Michael T. Connolly 95848 5309 Winter Garden Pkwy., Fort Pierce Danny A. Bottino 95647 2837 Navajo Ave., Fort Pierce Maximiliano P. and Hayley Duhalde 95863 5107 Eastwood Dr., Fort Pierce Emmanuel and Maria Cine 94210 808 Osprey Ct., Fort Pierce Michael A. Chesanek 95407 4047 N A1A., Fort Pierce Richard M. Levinson 95841 6000 Orange Ave., Fort Pierce TY F Realty Holdings LLC 95958 920 Angle Rd., Fort Pierce CAW 1 LLC 96249 138 N Naranja Ave., Port St. Lucie Lee D. Sage 95558 5601 Seagrape Dr., Fort Pierce Eric J. Lamplough 95888 2660 Rainbow Dr., Fort Pierce Alex S. Espinoza 95893 6045 S US 1, Lot 23, Fort Pierce Ft. Pierce Bentonwood LLC 95899 5309 San Diego Ave., Fort Pierce Heritage Contracting Service Inc. 95901 5309 San Diego Ave., Fort Pierce Salvador Merino 95618 759 Lomas St., Port St. Lucie Jorge Rivera Case No. 91861 was heard first on the agenda: Case No. 91861, Location of violation, 2050 Village of Lake Lucie Dr.., Port St. Lucie, FL, Property Owner, Christopher Burrowes. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Chairman and Board and stated there is a letter, the property owner is requesting a continuation at this time. Chairman Fogg asked Staff you like this moved to where. Officer Vargas Barrios answered we would like for it to be moved to the February 6, 2019 meeting. Chairman Fogg if the Board has no problem we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 91861 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on February 6, 2019. Mr. Murdock seconded and the motion carried unanimously. 3 Case No. 94111, Location of violation, 505 N. 39th St., Port St. Lucie, FL, Property Owner, Mark Handzel. Mark Handzel, the property owner and Tracy McCall were sworn in by the Board’s Secretary. Officer Moise addressed the Chairman and Board and stated for the record, she is submitting two (2) photos dated December 29, 2017, one (1) photo dated January 4, 2018, one (1) photo dated January 11, 2018, two (2) photos dated July 30, 2018, one (1) photo dated October 8, 2018, four (4) photos dated October 10, 2018, two (2) photos dated October 24, 2018, one (1) photo dated November 1, 2018 and three (3) photo dated November 5, 2018. She gave a detailed description of the photos presented. Officer Moise stated during her first inspection she found the property located at 505 N. 39th St. in violation of Section 11.05.01, Building and Sign Permits, to obtain a permit for the sheds, Section 8.00.03 (F), Particular Permitted Accessory Structures, to remove the unpermitted cargo containers. She issued a letter and gave a compliance date of March 16, 2018. She noted prior to issuing the notice, Mr. Handzel submitted a pre-application meeting request application on November 3, 2017, to add a metal building on the property. The pre-application meeting took place on January 11, 2018. Mr. Handzel was able to meet with the different departments and was given the information needed to bring the property in to compliance. She stated on December 26, 2017 two shed permits were filed which are still pending in the system due to comments that need to be addressed. She noted this case was continued from the April 4. 2018 Code Board meeting to the August 1, 2018 Code Board meeting. She stated at the August 1, 2018 the case was continued to the November 7, 2018 Code Board meeting. She stated Staff has been working diligently with the owner to assist him with bringing the property up to compliance due to Mr. Handzel wanting to keep the cargo containers for storage purposes for his tractor repair business that is currently in operation . She stated a Notice was issued to obtain a Zoning Compliance & a Business Tax Receipt on July 12, 2018 for the b usiness. A Zoning Compliance application was submitted to the Planning Department on July 17, 2018 however, the application is on hold due to permits that are pending in the system for the sheds. She stated the permits that have expired such as a fence and a detached steel carport permit. She has had contact with the owner and as of November 6, 2018 the property remains in violation for the three sheds that do not have a permit and the cargo containers remain on the property. There was discussion among the Board, Staff, Mayte Santamaria, Planning & Development Services Director, Mark Handzel and Tracy McCall on the violations and when they will be corrected. Mr. Currie made a motion in reference to Case No. 94111 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 January 31, 2019, 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. Case No. 94875, Location of violation, S. Indian River Dr., Jensen Beach, FL, Property Owner, Lake Manor Properties Inc. Jim Eaton and Richard Cullen, representatives for the property owner were sworn in by the Board’s Secretary. Officer Goycochea addressed the Chairman and Board and stated for the record she is submitting three (3) photos dated May 4, 2018. Officer Goycochea stated on May 4, 2018 she inspected the property and found it in violation of Section 11.05.01, building without a permit, to please obtain the proper permits for the picnic shelter. She met with Mark Tamblyn from Inland Navigation District to determine if the shelter was on built on private property. She stated the survey came back and it was determined the property belonged to Lake Manor and on August 23, 2018 a Notice of Violation was issued with a compliance date of September 6, 2018. She stated after receiving no compliance, she issued a certified Notice to Appear letter for the November 7, 2018 Code Board meeting. She stated on October 12, 2018 she received a call from the Charlotte the President of Lake Manor, she was contacting the Permitting Department to correct the violation. She further stated on October 24, 2018 Staff received a call from Robert Heritage who also represents Lake Manor. He stated that he has contacted D.E.P. (Department of Environmental Protection) and the structure would 4 need to be removed. She noted the gentlemen are here to ask for more time to have the structure removed, since it is not permittable. There was discussion among the Board, Staff, Jim Eaton and Richard Cullen on the violation and when it will be corrected. Mr. Murdock made a motion in reference to Case No. 94875 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on February 6, 2019. Mrs. Monahan seconded and the motion carried unanimously. Case No. 95193, Location of violation, 176 Estia Ln., Port St. Lucie, FL, Property Owner, Michael Foster. Michael Foster, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Chairman and Board and stated for the record she is submitting three (3) photos dated May 24, 2018 and one (1) photo dated November 5, 2018. She gave a detailed description of the photos presented. Officer Goycochea stated on May 24, 2018, she inspected the property at 176 Estia Lane and found it in violation of Section 11.05.06, to obtain a vegetation remo val permit. She issued a letter on May 31, 2018 with a compliance date of June 14, 2018. She stated after receiving no compliance, she issued a certified Notice to Appear letter for the November 7, 2018 Code Board meeting. She noted as of November 6, 2018 the property is still in violation. There was discussion among the Board, Staff, and Michael Foster on the violation and when it will be corrected. Mr. Murdock made a motion in reference to Case No. 95193 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on February 6, 2019. Mrs. Monahan seconded and the motion carried unanimously. Case No. 95441, Location of violation, 2319 Dyer Rd., Port St. Lucie, FL, Property Owner, Cosa Nostra Investments LLC. Eddie Pettengill, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Chairman and Board and stated for the record she is submitting seven (7) photos dated June 26, 2018, one (1) photo dated October 26, 2018 and four (4) photos dated November 5, 2018. She gave a detailed description of the photos presented. Officer Goycochea stated on June 26, 2018, she inspected the property at 2319 Dyer Rd. and found it in violation of Section 8.01.00, Home Occupation, to cease running a business from the property, which is in violation of the home Zoning Compliance that was issued on February 23, 2018 , for phone and office use only, Section 11.05.01, Building Without A Permit, to please obtain a fence permit and Section 3.01.03, to please remove the cargo container/office trailer from the property, as it is not allowed in RM -5 (Residential Multiple-Family) zoning. She issued a Notice of Violation letter on June 29, 2018, with a compliance date of July 13, 2018. She stated after receiving no compliance she issued a certified Notice to Appear letter for the November 7, 2018 Code Board meeting. She noted as of November 6, 2018 the property is still in violation. There was discussion among the Board, Staff, and Eddie Pettengill on the violations and when they will be corrected. Mrs. Monahan made a motion in reference to Case No. 95441 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on February 6, 2019. Mr. Murdock seconded and the motion carried unanimously. The Hall was sounded and Mrs. Monahan read the name and number of the case of those not present into the record: 5 Default Cases: Case No. Location of Violation Property Owner/Contractor/Violator______ 94718 3847 N US Hwy. 1, Fort Pierce Fort Pierce Driving Range Prop. 95518 191 Imperial Way, Fort Pierce Walter McBride (EST) 95653 Lot across from 4900 Indrio Rd., Fort Pierce Hopeton Smith 95782 3504 Avenue I, Fort Pierce Jimmie Collins (EST) 95940 4527 S US 1, Fort Pierce 4527 Fort Pierce LLC 95531 2922 Sherwood Ln., Fort Pierce Sivoir and Filia Orelien 95668 3437 Southern Pines Dr., Fort Pierce Lisa Brighton 96036 623 Beach Ave., Port St. Lucie Glynn E. Rose and June Ann Rose 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. 94037, Location of violation, 110 Essex Dr., Fort Pierce, FL, Property Owner, Two Holdings LLC. There was no one present to represent the property owner. Officer Moise addressed the Board and stated per the attorney of the property owner they are asking that the case be continued to the February 6, 2019 Code Board meeting. Chairman Fogg asked Staff what is the reason they are asking for this case to be continued again. Katherine Barbieri, Assistant County Attorney addressed the Board and stated the property owner has hired an attorney and the attorney is working with Staff at this time. She noted he just got hired and only came on board last week and Staff is not opposed to continuing his request. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case No. 94037 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on February 6, 2019. Mrs. Monahan seconded and the motion carried unanimously. Case No. 94529, Location of violation, 1902 S 34th St., Fort Pierce, FL, Property Owner, Esequiel Oropeza. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record she is submitting two (2) photos dated April 13, 2018, two (2) photos dated August 24, 2018, one (1) photo dated September 4, 2018 and one (1) photo dated November 5, 2018. Officer Goycochea stated this case was brought to the September 5, 2018 Code Enforcement Board for being in violation of Section 38-24, for having junk trash and debris in the right of way. She stated the Board found the case in default since no one was present to represent the property owner and the Board gave a compliance date of October 5, 2018. She stated Staff has not had any contact with the property owner and as of November 5, 2018 the property is still in violation. There was discussion among the Board and Staff on the violation. 6 Mrs. Monahan made a motion in reference to Case No. 94529 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 October 6, 2018 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 94573, Location of violation, 1913 Wyoming Ave., Fort Pierce, FL, Property Owner, Jose A. Fuentes. 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 April 16, 2018, three (3) photos dated June 7, 2018, three (3) photos dated September 4, 2018 and four (4) photos dated November 6, 2018. Officer Goycochea stated this case was brought to the September 5, 2018 Code Enforcement Board for being in violation of Section 8.00.03, the recreational equipment must be on a paved surface , Section 38-97, for excessive overgrowth and Section 13.00.01, Standard Housing Code, sub-section 1010.1.4.5, to please remove all wood from the windows. The Board found the case in default since no one was present to represent the property owner. The Board gave a compliance date of October 5, 2018. She stated Staff has had contact with the property owner and explained the ways to remedy the violations. She noted as of November 6, 2018 the property is still in violation. There was discussion among the Board and Staff on the violations. Mrs. Monahan made a motion in reference to Case No. 94573 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 violations and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 6, 2018 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 94256 and Case No. 94257 are companion cases and were heard together. Case No. 94256, Location of violation, 10337 Lennard Rd., Port St. Lucie, FL, Property Owner, VAZ Inc. Paul Zinter and Ernesto Velasco, the property owners, and the tenant, Kevin Quintanilla were sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record she submitting three (3) photos, one (1) dated March 2, 2018, one (1) photo dated August 24, 2018 and one (1) photo dated November 5, 2018. She gave a detailed description of the photos presented. Officer Brubaker stated both cases were found in default at the September 2018 Code Board for Section 11.05.01 , for having a cooler on the property without a permit. The Board gave a compliance date of October 5, 2018. She stated she has had contact with the tenant and the owner and they have the cooler up for sale as they are not using it. She noted as of November 6, 2018 the cooler is still there and the property remains in violation and the owners are requesting a little bit more time. There was discussion among the Board, Staff, Mr. Zinter, Mr. Velasco and Mr. Quintanilla on the violation. Mrs. Monahan made a motion in reference to Case No. 94256 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 7 day shall be imposed for each day the violation exists starting December 28, 2018 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 94257, Location of violation, 10337 Lennard Rd., Port St. Lucie, FL, Tenant, Seacoast Lawn Tropical Palm Inc. Paul Zinter and Ernesto Velasco, the property owners, and the tenant, Kevin Quintanilla were sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record she submitting three (3) photos, one (1) dated March 2, 2018, one (1) photo dated August 24, 2018 and one (1) photo dated November 5, 2018. Officer Brubaker stated this case was found in default at the September 2018 Code Board for Section 11.05.01 for having a cooler on the property without a permit. The Board gave a compliance date of October 5, 2018. She stated she has had contact with the tenant and the owner and they have the cooler up for sale as they are not using it. She noted as of November 6, 2018 the cooler is still there and the property remains in violation. There was discussion among the Board, Staff, Mr. Zinter, Mr. Velasco and Mr. Quintanilla on the violation. Mrs. Monahan made a motion in reference to Case No. 94257 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 28, 2018 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 95020, Location of violation, 5309 Palm Dr., Fort Pierce, FL, Property Owners, Dominick and Debra Agostino. There was no one present to represent the property owner. Officer Brubaker addressed the Board and stated for the record she re-submitting four (4) photos, one (1) photo dated May 10, 2018, one (1) photos dated June 13, 2018, one (1) photo dated August 28, 2018, one (1) photos dated September 4, 2018 and submitting two (2) new photos dated November 5, 2018. She gave a detailed description of the photos presented. Officer Brubaker stated this case was found in violation at the September 2018 Code Board for Section 7.09.05, removal of pepper trees from the surrounding properties. The Board gave a compliance date of October 31, 2018. She has had contact with the owner and she has cut a large portion of the south side of the lot and a small portion of the north side of the lot. She stated as of November 6, 2018 the property remains in violation, the owner cannot make the meeting and she is requesting a little more time to finish. She did hire a lawn service and it should be done by the end of the week. There was discussion among the Board and Staff on the violation. Mrs. Monahan made a motion in reference to Case No. 95020 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 November 30, 2018 with a maximum fine not to exceed $10,000.00. Mr. Murdock seconded and the motion carried unanimously. X. REPEAT VIOLATION: None. 8 XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING: Case No. 77743, Location of violation, 514 Tumblin Kling Rd., Fort Pierce, FL, Property Owner, Mary Young. Fine Reduction requested by Dayannand Sundarsingh. Dayannand Sundarsingh, the new property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Dayannand Sundarsingh on the fine reduction request, violation, and why he is requesting a reduction in the fine. Mrs. Monahan made a motion in reference to Case No. 77743 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 zero. Mr. Currie seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – Yes, Mr. Fogg – No, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Currie – Yes. The motion carried. XIII. MOTION FOR REHEARING OR RECONSIDERATON: XIII. OTHER BUSINESS: None. XIV. STAFF BUSINESS: Discussion on cancelling the January 2, 2019 meeting due to the holiday. Mr. Currie made a motion to cancel the January 2, 2019 meeting. Mr. Murdock seconded and the motion carried unanimously. ADJOURN: The meeting was adjourned at 10:33 a.m.