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HomeMy WebLinkAboutCode 032019 Minutes Code Enforcement Board Minutes – Final Draft March 6, 2019 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. The Board’s Secretary announced to the Board that Mr. Currie has resigned and a copy of his resignation letter is on their folders. III. ROLL CALL PRESENT Chairman……………………………………………………….………..Mr. Ralph Fogg Vice-Chairman...………………………………………………………...Mrs. Margaret Monahan Board Members..………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Randy Murdock …………………………………………………………………………...Mr. Richard Pancoast …………………………………………………………………………...Mr. Spatara Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: None. IV. APPROVAL OF MINUTES – FEBRUARY 6, 2019 Mr. Pancoast made a motion to accept the minutes of February 6, 2019. Mr. Taylor seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official…………………………………………………………Gary Stepalavich Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ………………………………………………Bea Goycochea .…………………………………………………………………………...Monica Vargas Barrios ……………………………………………………………………………Mirlande Moise Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Gary Stepalavich, Danielle Williams, Bea Goycochea, Monica Vargas Barrios, and Mirlande Moise were sworn in by the Board’s Secretary. VI. PUBLIC COMMENTS: None. 2 VII. CONSENT AGENDA Rescind Findings of Fact, Conclusion of Law and Order and Order Reducing Fine/Lien_______________________ Rescinding of Findings of Fact, Conclusion of Law and Order and Order Imposing Fine/Lien – Cameron Massey – Case No. 55333 Rescinding of Fine Reduction Order _______________________________________________________________ Rescinding of Fine Reduction Order – 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 VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 95804 3209 Linda Vista Blvd., Fort Pierce Juan F. Galindo Ayala 95820 3209 River Dr., Fort Pierce Steve and Kelly A. Gaiolini 96276 2209 Barbara Ave., Fort Pierce Margaret J. Noel 97306 3152 Naylor Dr., Fort Pierce Feroz A. Chagani 95958 920 Angle Rd., Fort Pierce CAW 1 LLC 96411 Lot next to 3906 Ave. I, Fort Pierce Tarpon IV LLC 96501 2207 Valencia Ave., Fort Pierce Mary J. Gloster (TR) 97051 6701 Penny Ln., Fort Pierce James J. Perry 97317 5194 Margaret Ann Ln., Fort Pierce Billy C. Wilson Jr. Case No. 91610 was heard first on the agenda: Case No. 91061 and Case NO. 91659 are companion cases 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 Staff is requesting the next two cases be continued to the May 1, 2019 Code Enforce ment Board meeting. She stated they went to the Board of County Commissioners Board of Adjustment for a variance and they have moved that case to the March 7, 2019 Board of Adjustments so we are asking to continue the cases until May Code Board. Chairman Fogg addressed the Board and stated we are looking for a motion please. Mr. Murdock made a motion in reference to Case No. 9 1610 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on May 1, 2019. Mr. Taylor seconded and the motion carried unanimously. Case No. 91659, Location of violation, 251 N Cardinal Pl., Fort Pierce, FL, Contractor, Zabitosky Construction LLC. There was no one present to represent the property owner . Officer Vargas Barrios addressed the Chairman and Board and stated Staff is requesting the next two cases be continued to the May 1, 2019 Code Enforcement Board meeting. She stated they went to the Board of County Commissioners Board of Adjustment for a variance and they have moved that case to the March 7, 2019 Board of Adjustments so we are asking to continue the cases until May Code Board. 3 Mr. Murdock made a motion in reference to Case No. 91659 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on May 1, 2019. Mr. Taylor seconded and the motion carried unanimously. Case No. 96028, Location of violation, 2805 Brantley Rd., Fort Pierce, FL, Property Owners, Merizier J. and Carole Jean Baptiste. Merizier J. and Carole Jean Baptiste, the property owners and Marino Jean Baptiste (their son) were sworn in by the Board’s Secretary. Officer Goycochea addressed the Chairman and Board and stated for the record she is submitting eight (8) photos, three (3) photos dated August 14, 2018, one (1) photo dated January 23, 2019, two (2) photos dated February 22, 2019 and two (2) photos dated March 5, 2019. She gave a detailed description of the photos presented. Officer Goycochea stated on August 14, 2018, she inspected the property at 2805 Brantley Rd. and found it in violation of Section 13.08.01, Subsection 304, Exterior Structure, the roof must be in good repair, Section 13.08.01, Subsection 304, Exterior Structure, the screen enclosure must be in good repair, and Section 38-26, for having outside storage of items and materials. She issued a letter on August 16, 2018 with a compliance date of August 30, 2018. She stated after receiving no compliance she issued a certified Notice to Appear letter for the March 6, 2019 Code Board meeting. As of March 5, 2019, the property is still in violation. There was discussion among the Board, Staff, Merizier J. Baptiste, Carole Jean Baptiste and Marino Jean Baptiste, their son (who translated for his parents) on the violations and when they will be corrected. Mr. Pancoast made a motion in reference to Case No. 96028 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on April 3, 2019. Mr. Taylor seconded and the motion carried unanimously. Case No. 96277, Location of violation, 167 NE Hemet St., Port St. Lucie, FL, Property Owner, Adriana M. Serna. Luis Gomez, representative for 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 four (4) photos, two (2) photos dated September 14, 2018, one (1) photo dated January 30, 2019 and one (1) photo dated March 4, 2019. She gave a detailed description of the photos presented. Officer Goycochea stated on September 14, 2018, she inspected the property at 167 NE Hemet St. and found it in violation of Section 11.05.01, Building without a Permit, a permit is required for the roof work. She issued a letter on September 18, 2018, with a compliance date of October 2, 2018. She stated after receiving no compliance she issued a certified Notice to Appear letter for the March 6, 2019 Code Board meeting. As of March 4, 2019 the property is still in violation. There was discussion among the Board, Staff, and Luis Gomez on the violation and when it will be corrected. Chairman Fogg asked the Board if anyone had any questions and if not we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 96277 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by May 2, 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. Taylor seconded and the motion carried unanimously. 4 Case No. 96862, Location of violation, 2406 N 43rd St., Fort Pierce, FL, Property Owner, Shawn L. Morgan. Shawn L. Morgan, 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 twelve (12) photos, three (3) dated November 8, 2018, one (1) dated November 26, 2018, two (2) dated February 22, 2019, five (5) dated March 4, 2019 and two (2) dated March 5, 2019. She gave a detailed description of the photos presented. Officer Moise stated during her first inspection she found the property at 2406 N 43rd St. in violation for Section 38- 26, for outside storage, Section 38-97, for overgrowth, and Section 11.05.01(2)a, Time Limitations of Building Permits, for an expired roof permit. She issued a letter and gave a compliance date of December 11, 2018. She has had contact with the owner. As of March 5, 2019 the property remains in violation. There was discussion among the Board, Staff, and Shawn Morgan on the violations and when they will be corrected. Mrs. Monahan made a motion in reference to Case No. 96862 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by May 2, 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. 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______ 96204 6106 Oleander Ave., Fort Pierce Michael A. Tracey 95791 756 Cypress St., Port St. Lucie Joan and Mark Gleason 96077 2406 Holiday Ct., Fort Pierce Liphete and Sonia Pierre 96093 3115 S 22nd St., Fort Pierce Marie Le Dain 96290 137 Placita Ct., Port St. Lucie Harold Smith (EST) 96351 Seagrape Dr., Fort Pierce Julio A. Rodriguez 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. 93719, Location of violation, 7900 Germany Canal Rd., Fort Pierce, FL, Property Owner, Frank A. Crescente. Frank A. Crescente, the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios addressed the Board and stated for the record, she is submitting two (2) pictures showing the pole barn. Officer Vargas Barrios stated this case was brought before the Code Enforcement Fine Hearing August 1, 2018, for not having a permit for the pole barn. She noted the property owner was there and the Board continued the case to the March 6, 2019 Board to allow time for the property owner to obtain a permit for a barn he is looking to buil d and 5 then be able to remove this pole barn, that way the horses will not be without any shelter. As of March 6, 2019 the permit has not been applied for and the property owner is here to ask for more time. There was discussion among the Board, Staff and Mr. Crescente on the violation and wh en it will be corrected. Mrs. Monahan made a motion in reference to Case No. 93719 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 7, 2019. Mr. Pancoast seconded and the motion carried unanimously. 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 for the record she is re-submitting five (5) photos, one dated August 11, 2017, four (4) photos dated November 7, 2017, and submitting two (2) photos dated October 10, 2018 . She gave a detailed description of the photos presented. Officer Moise stated this case was brought to the June 6, 2018 Code Board meeting for Section 11.05.01, Building Without a Permit, to obtain a permit for the enclosed patio and the new water heater. The property owner was present and the Board found the property in violation and gave a compliance dated of August 15, 2018. She stated on January 31, 2019 the case abated because the permits were obtained. Staff is recommending no fines be imposed. Mrs. Monahan made a motion in reference to Case No. 94037 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. 95864 and Case No. 95985 are companion cases Case No. 95864, Location of violation, 7607 James Rd., Fort Pierce, FL, Property Owners, Habib and Shaheen Pirani. There was no one present to represent the property owner. . Officer Williams addressed the Chairman and Board and stated Staff is requesting a continuation to the April 3, 2019 meeting. They are working diligently to get the zoning compliance, they have one more step and it should it should be issued so can you please continue both cases to the April 3, 2019 meeting. Chairman Fogg asked the Board for a motion. Mrs. Monahan made a motion in reference to Case No. 95864 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on April 3, 2019. Mr. Taylor seconded and the motion carried unanimously. Companion case to previous Case No. 95864 Case No. 95985, Location of violation, 7607 James Rd., Fort Pierce, FL, Tenant, Mactown Inc. There was no one present to represent the property owner. Officer Williams addressed the Chairman and Board and stated Staff is requesting a continuation to the April 3, 2019 meeting. They are working diligently to get the zoning compliance, they have one more step and it should it should be issued so can you please continue both cases to the April 3, 2019 meeting. Mrs. Monahan made a motion in reference to Case No. 95985 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on April 3, 2019. 6 Mr. Taylor seconded and the motion carried unanimously. X. REHEARING OR RECONSIDERATION: None. XI. REPEAT VIOLATION: None. XII. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XIII. FINE REDUCTION HEARING: Case No. 90496, Location of violation, 3700 Oleander Ave., Fort Pierce, FL, Property Owner, IRB Inc. Fine Reduction requested by John C. Primeau. Howard Siegel, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Mr. Siegel on the fine reduction request. 1st Motion Mrs. Monahan made a motion in reference to Case No. 90496 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and the prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $5,200.00 if paid within sixty (60) days or it will revert back to the amount of $10,200.00. Mr. Pancoast seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – Yes, Mr. Fogg – No, Mr. Taylor – No, Mr. Murdock – No, Mr. Pancoast – No, Mr. Spatara – No. The motion failed. 2nd Motion Mr. Pancoast made a motion in reference to Case No. 90496 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and the prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $1,200.00. Mr. Taylor seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – No, Mr. Fogg – No, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Pancoast – Yes, Mr. Spatara – Yes. The motion failed. 3rd Motion Mr. Murdock made a motion in reference to Case No. 90496 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and the prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $2,500.00 if paid within thirty (30) days or it will revert back to the amount of $10,200.00. Mr. Pancoast seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – No, Mr. Fogg – Yes, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Pancoast – Yes, Mr. Spatara – No. The motion carried. 7 Case No. 87391, Location of violation, 175 SE Serenata Ct., Port St. Lucie, FL, Property Owner, TIF-FK B LLC. Fine Reduction requested by Annabella Chin. Annabella Chin, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Ms. Chin on the fine red uction request. Mrs. Monahan made a motion in reference to Case No. 87391 that the Code Enforcement Board makes the following determination: The request for Fine Reduction is denied. Mr. Pancoast seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Pancoast – Yes, Mr. Spatara – Yes. The motion carried unanimously. Case No. 88885, Location of violation, 253 NE Prima Vista Blvd., Port St. Lucie, FL, Property Owner, TIF-FK B LLC. Fine Reduction requested by Annabella Chin. Annabella Chin, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Staff and Ms. Chin on the fine reduction request. Mrs. Monahan made a motion in reference to Case No. 88885 that the Code Enforcement Board makes the following determination: The request for Fine Reduction is denied. Mr. Pancoast seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Pancoast – Yes, Mr. Spatara – Yes. The motion carried unanimously. Case No. 89933, Location of violation, 6502 Kenwood Rd., Fort Pierce, FL, Property Owner, Home SFR Borrower LLC. Fine Reduction requested by Main Street Renewal. There was no one present to represent the property owner. Mrs. Monahan made a motion in reference to Case No. 89933 that the Code Enforcement Board makes the following determination: The request for Fine Reduction is denied. Mr. Murdock seconded the motion. Mr. Fogg called for a roll call vote. Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Pancoast – Yes, Mr. Spatara – Yes. The motion carried unanimously. Case No. 91954, Location of violation, 6502 Kenwood Rd., Fort Pierce, FL, Property Owner, Home SFR Borrower LLC. Fine Reduction requested by Main Street Renewal. There was no one present to represent the property owner. Mrs. Monahan made a motion in reference to Case No. 91954 that the Code Enforcement Board makes the following determination: The request for Fine Reduction is denied. Mr. Taylor seconded the motion. Mr. Fogg called for a roll call vote. 8 Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Pancoast – Yes, Mr. Spatara – Yes. The motion carried unanimously. XIV. MOTION FOR REHEARING OR RECONSIDERATON: None. XV. OTHER BUSINESS: Chairman Fogg asked Staff for an update on the St. Lucie County corridor clean-up. XVI. STAFF BUSINESS: None. ADJOURN: The meeting was adjourned at 10:45 a.m.