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HomeMy WebLinkAboutCEB 12052018 MINUTESf Code Enforcement Board Minutes – Final Draft December 5, 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 …………………………………………………………………………...Mr. Richard Pancoast Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: None. IV. APPROVAL OF MINUTES – NOVEMBER 7, 2018 Mr. Taylor made a motion to accept the minutes of November 7, 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 Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Bea Goycochea, Monica Vargas Barrios, Mirlande Moise, and Dana DiFrancesco 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 – Mary Young – Case No. 77743 Request for Fine Reduction Hearing _______________________________________________________________ Request for Fine Reduction Hearing – Richard and Ann T. Capelli – Case No. 86858 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 VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 96235 1005 Echo St., Fort Pierce Christopher Leverock 96026 4002 Avenue Q, Fort Pierce Inez P. Wilson (EST) 96153 3748 White Way Dairy Rd., Fort Pierce Francisco Paga III 96156 100 Berger Rd., Fort Pierce Michael Neill 96163 2707 Bennett Dr., Fort Pierce Loleta M. Scott and Leautrice Garcia 95716 6283 Old Dixie Hwy., Fort Pierce Honor Our Military Servicemen LLC 95859 600 Sneed Rd., Fort Pierce Scott Barber 96184 8403 Deland Ave., Fort Pierce Home SFR Borrower LLC Case No. 91610 was heard first on the agenda: 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 the next two cases are companion cases and Staff is requesting the Board to move or continue the cases to the March 6, 2019 Code Board Meeting. She stated there is a variance that has been applied for and it is scheduled to the January 23, 2019 meeting. Chairman Fogg asked so you would like it to go to the March 6, 2019 meeting. Officer Vargas Barrios answered yes sir. Mr. Murdock made a motion in reference to Case No. 91610 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on March 6, 2019. Mrs. Monahan seconded and the motion carried unanimously. Case No. 96159, Location of violation, 251 N Cardinal Pl., Fort Pierce, FL, Contractor, Zabitosky Construction LLC. There was no one present to represent the property owner . Officer Vargas Barrios addressed the Chairman and Board and stated the next two cases are companion cases and Staff is requesting the Board to move or continue the cases to the March 6, 2019 Code Board Meeting. She stated there is a variance that has been applied for and it is scheduled to the January 23, 2019 meeting. Chairman Fogg asked so you would like it to go to the March 6, 2019 meeting. Officer Vargas Barrios answered yes sir. Mr. Currie made a motion in reference to Case No. 91659 that the Code Enforcement Board continue this case 3 to the Code Enforcement Board hearing on March 6, 2019. Mrs. Monahan seconded and the motion carried unanimously. Case No. 95660, Location of violation, 3113 S 22nd St., Fort Pierce, FL, Property Owner, Affordable Housing of Florida LLC. James Hatfield, the property owner and Mark Fulk, the tenant were sworn in by the Board’s Secretary. Officer Goycochea addressed the Chairman and Board and stated for the record she is submitting two (2) photos dated July 10, 2018, five (5) photos dated November 27, 2018 and two (2) photos dated December 3, 2018. She gave a detailed description of the photos presented. Officer Goycochea stated on July 10, 2018, she inspected the property at 3113 S 22nd St. and found it in violation of Section 38-26, for having outside storage of items and materials, Section 38-97, excessive overgrowth of grass and weeds, Section 7.05.09, House and Building Numbers, house numbers are required and should be visible from the street, and Section 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, please remove the mold and mildew from the structure. She issued a letter on July 17, 2018 with a compliance date of July 31, 2018, after getting no compliance, she issued a certified Notice to Appear letter for the December 5, 2018 Code Board meeting. She noted as of December 4, 2018 the property is still in violation. There was discussion among the Board, Staff, James Hatfield and Mark Fulk on the violations and when they will be corrected. Mrs. Monahan made a motion in reference to Case No. 95660 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 15, 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. Mr. Murdock seconded and the motion carried unanimously. Case No. 96177, Location of violation, 2700 Sheraton Blvd., Fort Pierce, FL, Property Owner, Louise Reynolds. Samuel Reynolds, son and representative of 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 August 28, 2018, one (1) photo dated September 18, 2018, one (1) photo dated September 26, 2018, one (1) photo dated November 21, 2018 and two (2) photos dated December 3, 2018. She gave a detailed description of the photos presented. Officer Moise stated on during her first inspection she found the property located at 2700 Sheraton Blvd. in violation of Section 38-97, for overgrowth. She issued a letter and gave a compliance date of September 11, 2018. She has had contact with the owner’s son and as of December 3, 2018 the property remains in violation. There was discussion among the Board, Staff, and Samuel Reynolds on the violation and when it will be corrected. Mr. Currie made a motion in reference to Case No. 96177 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 February 1, 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, a s may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. 4 Mr. Pancoast seconded and the motion carried unanimously. Case No. 94627, Location of violation, 151 SE Serenata Ct., Port St. Lucie, FL, Property Owner, Lior Amram. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Chairman and Board and stated there is a letter he has submitted that the Board should have in their folders requesting a continuation on this case. Mr. Murdock made a motion in reference to Case No. 9 4627 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. 95985, Location of violation, 7607 James Rd., Fort Pierce, FL, Tenant, Mactown Inc. Ovioe DaSilva, representative for the tenant 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 five (5) photos: four (4) dated August 7, 2018 at an orientation held by Mactown Inc., one (1) dated November 21, 2018. She gave a detailed description of the photos presented. Officer DiFrancesco stated she found 7607 James Rd. to be in violation of 11.05.00, to obtain a Zoning Compliance for the group home and Section 3.01.03 (J), as a group home is not permitted in residential zoning without the proper permitting such as that Zoning Compliance. She issued a Notice of Violation letter on August 15, 2018 and gave a compliance date of August 30, 2018. She has had contact with the tenant Mactown and business owner, Clint Bowers of Mactown Inc. and discussed the ways to correct the violation. She noted as of December 4, 2018 the property remains in violation. There was discussion among the Board, Staff, and Ovioe DaSilva on the violations and when they will be corrected. Mr. Currie made a motion in reference to Case No. 95985 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 7, 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 o n 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. 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______ 93819 370 E. Midway Rd., Fort Pierce Steven R. Patterson 95636 2935 Admiral St., Fort Pierce Agripina Virto and Charles C. Waters 96389 8407 Paso Robles Blvd., Fort Pierce Sunil R. and Parbatie Maharaj 95864 7607 James Rd., Fort Pierce Habib and Shaheen Pirani 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. 5 Mr. Murdock seconded and the motion carried unanimously. IX. FINE HEARING: Case No. 94342, Location of violation, 9015 S. Indian River Dr., Fort Pierce, FL, Property Owners, Pamela E. Smith and Margot Brennan. Pamela E. Smith, the property owner and Richard Trachuk, the tenant were sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is re-submitting ten (10) photos dated March 19, 2018 and submitting five (5) photos dated December 4, 2018. She gave a detailed description of the photos presented. Officer Goycochea stated this case was brought before the September 5, 2018 Code Board meeting for being in violation of Section 13.08.01, Sub-section 304, Exterior Structure, to repair the roof, Section 13.08.01, Sub-section 305, Interior Structure, to repair the ceilings and walls, Section 38-26, for having outside storage of items and material, Section 38-26, to remove all unserviceable vehicles and Section 13.09.00, Sub-section 302.7, Accessory Structure, to repair the screen enclosure. The Board gave a compliance date of December 3, 2018. On December 4, 2018, she met with Pamela Smith, the roof and interior ceilings have been repaired, Staff is waiting on an invoice from the contractor to show compliance. She stated there has been significant improvement with the outside storage, the screens for the enclosure have not been repaired. However, Ms. Smith states she has purchased the screens to repair the enclosure. She noted Pamela Smith has asked for more time to complete the work and Staff is not opposed to the extra time. She noted as of December 4, 2018 the property is still in violation. There was discussion among the Board, Staff, Pamela Smith and Richard Trachuk on the violations. Mr. Currie made a motion in reference to Case No. 94342 that the Code Enforcement B oard 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 March 1, 2019 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 94768, Location of violation, 806 N Lake Dr. Apt. B, Fort Pierce, FL, Property Owner, McNair Empire LLC. James McNair, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record she is submitting one (1) photo dated November 1, 2017. Officer Goycochea stated this case was brought to the October 3, 2018 Code Board meeting for being in violation of Section 11.05.01, Building and Sign Permit, a permit is needed for the water heater. The Board found the case in default since no one was present to represent the property owner . The Board gave a compliance date of November 9, 2018. On December 4, 2018, she met with the property owner Jamie McNair to do a re-inspection and all other violations have been brought into compliance. She stated Mr. McNair would like to ask for more time and as of December 4, 2018 the property is still in violation. There was discussion among the Board, Staff and James McNair on the violation. Mr. Currie made a motion in reference to Case No. 94768 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 v iolation exists starting February 1, 2019 with a maximum fine not to exceed $5,000.00. 6 Mrs. Monahan seconded and the motion carried unanimously. Case No. 94771, Location of violation, 806 N Lake Dr. Apt. A, Fort Pierce, FL, Property Owner, McNair Empire LLC. James McNair, the property owner was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record she is submitting three (3) photos dated January 2, 2018. She gave a detailed description of the photos presented. Officer Goycochea stated this case was brought to the October 3, 2018 Code Board meeting for being in violation of Section 13.08.01, Exterior Structure, to please repair the roof, Section 13.08.01, Interior Structure, to please repair ceilings and walls, Section 13.08.01, Sub-section 504, Plumbing Systems and Fixtures, all plumbing fixtures must be properly installed and in good working condition, Section 13.08.01, Sub-section 403.5, Clothes Dryer Exhaust, clothes dryer exhaust systems shall be independent and Section 13.08.01, Windows, Skylights and Door Frames, every window, skylight, door and frame shall be kept in good repair and weather tight. The Board found the case in default since no one was present to represent the property owner. The Board gave a compliance date of November 9, 2018. She stated on December 4, 2018, she met with the owner Jamie McNair and all violations have been corrected. The property was in violation for twenty-four (24) days. There was discussion among the Board, Staff and James McNair on the violations. Mr. Currie made a motion in reference to Case No. 94771 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. Mrs. Monahan seconded and the motion carried unanimously. Case No. 95458, Location of violation, 5507 Palm Dr., Fort Pierce, FL, Property Owner, Robert W. and Lila D. Gorman. Robert W. Gorman, the property owner, was sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record she submitting two (2) dated June 28, 2018, two (2) dated August 6, 2018, three (3) dated October 1, 2018, four (4) dated November 26, 2018 and three (3) dated December 3, 2018. She gave a detailed description of the photos presented. Officer Brubaker stated this case was found in default at the October 3, 2018 Code Board for Section 8.00.03, for having more than two (2) recreational vehicles on the property and Section 7.10.14 (A), which has been removed. The Board gave a compliance date of November 9, 2018. She has had contact with the owner and we discussed ways to correct the violation. She noted as of December 4, 2018 the property remains in violation. There was discussion among the Board, Staff, and Robert W. Gorman on the violation. Chairman Fogg addressed the Board and stated we are looking for a motion. Mr. Currie made a motion in reference to Case No. 95458 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 February 1, 2019 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 95128 Location of violation, 119 Balsa Rd., Fort Pierce, FL, Property Owner, Zolline Holcomb. There was no one present to represent the property owner. 7 Officer Moise addressed the Board and stated for the record she is submitting one (1) photo dated September 22, 2017, one (1) photo dated May 9, 2018, one (1) photo dated August 24, 2018, one (1) photo dated September 4, 2018, and one (1) photo dated December 4, 2018. She gave a detailed description of the photos presented. Officer Moise stated at the October 3, 2018 meeting, the property owner was not present and the Board found the property in default for Section 11.05.01, for building without a permit and gave a compliance date of November 9, 2018. She has had contact with the owner, the owner’s son and the owner’s daughter-in-law. She noted as of December 4, 2018 the property remains in violation. There was discussion among the Board and Staff on the violation. Mr. Currie made a motion in reference to Case No. 95128 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 November 10, 2018 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case No. 95699, Location of violation, 3012 Tropic Blvd., Fort Pierce, FL, Property Owner, Elvin J, Parker III Ministries Inc. There was no one present to represent the property owner. Officer Moise addressed the Board and stated for the record she is submitting one (1) photo dated July 24, 2018, one (1) photo dated September 24, 2018, one (1) photo dated October 1, 2018, one (1) photo dated November 27, 2018 and two (2) photos dated December 3, 2018. She gave a detailed description of the photos presented. Officer Moise stated at the October 3, 2018 meeting, the property owner was not present and the Board found the property in default for Section 38 -97, for overgrowth and gave a compliance date of November 9, 2018. She has had no contact with the owner and an assessment will be done. She noted as of December 3, 2018 the property remains in violation. There was discussion among the Board and Staff on the violation. Mr. Currie made a motion in reference to Case No. 95699 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 November 10, 2018 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. X. REPEAT VIOLATION: Case No. 96817, Location of violation, 3901 Metzger Rd., Fort Pierce, FL, Property Owner, 1810 Four Ambassadors Holdings LLC. There was no one present to represent the property owner. Officer Moise addressed the Board and stated this property was brought to the September 7, 2016 Code Board and found in violation for Section 38–26, for outside storage and Section 38–97 for overgrowth. She stated for the record she submitting two (2) photos dated November 1, 2018, one (1) photo dated November 20, 2018, one (1) photo dated November 26, 2018, one (1) photo dated December 3, 2018 and one (1) photo dated December 4, 2018. She gave a detailed description of the photos presented. 8 Officer Moise stated on November 1, 2018 3901 Metzger Rd. was found to be a repeat violator of Section 38-26, for outside storage and Section 38-97, for overgrowth. She has had no contact with the owner and the property remains in violation as of December 4, 2018. There was discussion among the Board and Staff on the violations and the County doing an assessment on the property. Mr. Currie made a motion in reference to Case No. 96817 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation previously committed has been repeated, after considering the gravity of the violation, the acti ons if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $500.00 per day shall be imposed for each day the violation exists starting November 2, 2018 with a maximum fine not to exceed $10,000.00. A cost of $200.00 has been imposed as the cost for prosecuting this case. Mrs. Monahan seconded and the motion carried unanimously. Mrs. Monahan made a request to refer this case for County assessment. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING: None. XIII. MOTION FOR REHEARING OR RECONSIDERATON: None. XIII. OTHER BUSINESS: Mr. Fogg stated he wanted to discuss the ongoing problem of junk, trash and debris on the right of ways in St. Lucie County and City of Ft. Pierce jurisdictions. There was discussion among the Board and Staff on this. Staff informed the Board that they had a program in place for Waste Pro to notify Code Enforcement of junk, trash and debris they see on the right of ways and properties when they are during their regular garbage pick-up. XIV. STAFF BUSINESS: None. ADJOURN: The meeting was adjourned at 10:40 a.m.