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HomeMy WebLinkAboutMAY 1, 2019 MINUTES FINAL Code Enforcement Board Minutes – Final Draft May 1, 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. 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. Peter Spatara …………………………………………………………………………...Mr. Ken Waters Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT: None. IV. APPROVAL OF MINUTES – APRIL 3, 2019 Mr. Pancoast made a motion to accept the minutes of April 3, 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 ……………………………………………………………………………Mirlande Moise Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Gary Stepalavich, Danielle Williams, Bea Goycochea, 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 – Earnest Walters Jr. & Gloria Walters – Case No. 96976 Satisfaction of Fine and Release of Lien _____________________________________________________________ Satisfaction of Fine and Release of Lien – Home SFR Borrower LLC – Case No. 89933 Satisfaction of Fine and Release of Lien – Home SFR Borrower LLC – Case No. 91954 Satisfaction of Fine and Release of Lien – John R. Hughes – Case No. 34128 Satisfaction of Fine and Release of Lien – Sebrina S. Barron – Case No. 91758 Mr. Taylor made a motion to approve and accept staff’s recommendation as presented. Mr. Pancoast 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 97905 8583 S US 1, Port St. Lucie Mills Air Conditioning Inc. 97689 7601 Donlon Rd. Fort Pierce Roberts J. Spring (TR) 97353 5280 N US Hwy. 1, Fort Pierce GT Properties Treasure Coast LLC 97354 5280 N US Hwy. l, Fort Pierce Landscape Solutions Inc. 97882 1012 Saeger Ave., Fort Pierce Luz M. Cedeno and April Powell Case No. 97696 was heard first on the agenda: Case No. 97696, Location of violation, 2659 Rainbow Dr., Fort Pierce, FL, Property Owner, Gregory L Sanders. There was no one present to represent the property owner. Officer Williams addressed the Chairman and Board and stated Staff is asking for a continuation until the June 5, 2019 meeting. Mr. Waters made a motion in reference to Case No. 97696 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on June 5, 2019. Mr. Pancoast seconded and the motion carried unanimously. Case No. 96737, Location of violation, 4751 San Diego Ave., Fort Pierce, FL, Property Owner, Ulysses Neal Sr. and Peggy Neal. Ulysses Neal Sr., the property owner and Charlie F. Matthews and George Collins, representatives for the property owner were 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 October 25, 2018, one (1) photo dated April 19, 2019 and one (1) photo dated April 29, 2019. She gave a detailed description of the photos presented. Officer Moise stated during her first inspection she found the property located at 4751 San Diego Ave. in violation of Section 11.05.01, to obtain a permit for the carport. She issued a letter and gave a compliance date November 8, 2018. After getting no compliance, a certified Notice to Appear letter for the May 1, 2019 Code Enforcement Board was issued on March 11, 2019. She has had contact with the owner. Mr. Neal cannot get a permit because the carport does not meet setbacks and he is here to ask for more time. As of April 30, 2019 the property remains in violation. 3 There was discussion among the Board, Staff, Ulysses Neal Sr., Charlie F. Matthews and George Collins on the violation. Mr. Murdock made a motion in reference to Case No. 96737 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. 97325, Location of violation, 331 Emerald Ave., Fort Pierce, FL, Property Owners, Sabrina L. Blackburn and Dwayne Phillips. Sabrina L. Blackburn and Dwayne Phillips, the property owners were sworn in by the Board’s Secretary. Officer Moise addressed the Chairman and Board and stated for the record she is submitting three (3) photos dated January 4, 2019, one (1) photo dated March 8, 2019, three (3) photos dated April 22, 2019 and one (1) photo dated April 29, 2019. She gave a detailed description of the photos presented. Officer Moise during her first inspection she found the property located at 331 Emerald Ave. in violation of Section 11.05.01, to obtain a permit for the second shed, Section 8.01.00, Home Occupation, your zoning compliance is for phone and office use only, please remove the commercial vehicle and cargo container from the property, Section 3.01.03 (E), commercial vehicles and cargo containers are not allowed in AR-1 zoning, Section 8.00.03, the cargo container is not permitted in residential zoning, please remove. She issued a letter and gave a compliance date of January 24, 2019. After getting no compliance, a certified notice to appear letter for the May 1, 2019 Code Enforcement Board was issued on March 11, 2019. She has had contact with the owner. As of April 30, 2019 the property remains in violation. There was discussion among the Board, Staff, Sabrina L. Blackburn and Dwayne Phillips, the property owners on the violations and when they will be corrected. Mr. Taylor made a motion in reference to Case No. 97325 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on October 2, 2019. Mr. Murdock seconded and the motion carried unanimously. Case No. 97063, Location of violation, 3625 3222 Naylor Terr., Fort Pierce, FL, Property Owner, PK Port Saint Lucie #5 LLC. Paul Miret, 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 eight (8) photos, one (1) photo dated November 29, 2018, two (2) photos dated January 4, 2019, three (3) photos dated April 3, 2019 and two (2) photos dated April 29, 2019. She gave a detailed description of the photos presented. Officer Goycochea stated on November 29, 2018, she inspected the property and found it in violation of Section 38- 26, for have outside storage of items and material. She issued a letter on December 5, 2018 with a compliance date of December 19, 2018. Staff has had communication with the owner, we have been working together with the tenant and doing scheduled re-inspections to give the tenant more time to remove all items in violation. After receiving no further communication, she issued a certified Notice to Appear letter for the May 1, 2019 Code Board meeting. As of April 29, 2019 the property is still in violation. There was discussion among the Board, Staff, and Paul Miret on the violation and when it will be corrected. Mr. Taylor made a motion in reference to Case No. 97063 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on August 7, 2019. Mr. Waters 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: 4 Default Cases: Case No. Location of Violation Property Owner/Contractor/Violator______ 97697 2660 Rainbow Dr., Fort Pierce Alex S. Espinoza 95627 505 N 39th St., Fort Pierce Mark Handzel 97747 3101 Kingsley Dr., Fort Pierce Allon Yarkony 96343 120 SE Castana Ct., Port St. Lucie Daker Investment LLC 97253 212 Beach Ave., Port St. Lucie Good Samaritan Ministries Inc. 96913 839 SE Tierra Ct., Port St. Lucie John A. and Laura E. Schwerer 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. Pancoast seconded and the motion carried unanimously. IX. FINE HEARING: Case No. 95441, Location of violation, 2319 Dyer Rd., Port St. Lucie, FL, Property Owner, Cosa Nostra Investment LLC. Eddie Pettengill, the property owners was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is re-submitting four (4) photos, two (2) photos dated June 26, 2018 and two (2) photos dated January 25, 2019 and submitting two (2) photos dated April 29, 2019. She gave a detailed description of the photos presented. Officer Goycochea stated this case was brought to the February 6, 2019 Code Board meeting for being 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 multifamily) zoning. The Board gave a compliance date of April 15, 2019. She noted Staff has not had any further communication with the property owner and as of April 29, 2019 the property is still in violation. There was discussion among the Board, Staff and Eddie Pettengill on the violations. Mrs. Monahan made a motion in reference to Case No. 95441 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 June 20, 2019 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried. Case No. 95791, Location of violation, 756 Cypress St., Port St. Lucie, FL, Property Owners, Joan and Mark Gleason. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record, she is submitting a total of three (3) photos, one (1) photo dated December 14, 2018, one (1) photo dated March 4, 2019 and one (1) photo dated April 29, 2019. She gave a detailed description of the photos presented. Officer Goycochea stated this case was brought to the March 6, 2019 Code Board meeting for being in violation of Section 11.05.01, Building Without A Permit, a permit is required for the enclosing of the garage. The Board found the case in default since no one was present to represent the property owner. The Board gave a compliance date of April 5, 2019 and as of April 29, 2019 the property is in violation. 5 Mrs. Monahan made a motion in reference to Case No. 95791 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 6, 2019 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 96077, Location of violation, 2406 Holiday Ct., Fort Pierce, FL, Property Owners, Liphete and Sonia Pierre. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record she is submitting (6) photos, two (2) photos dated August 17, 2018, two (2) photos dated January 30, 2019 and two (2) photos dated March 5, 2019. She gave a detailed description of the photos presented. Officer Goycochea stated this case was brought to the March 6, 2019 Code Board meeting for being in violation of Section 38-26, for having outside storage of items and material. The Board found the case in default since no one was present to represent the property owner. The Board gave a compliance date of April 5, 2019. She noted Staff has not had any communication with the property owner and as of April 29, 2019 the property is still in violation. Mr. Murdock made a motion in reference to Case No. 96077 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 6, 2019 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 96606, Location of violation, 2008 N 43rd St., Fort Pierce, FL, Property Owner, Willie Hunt. There was no one present to represent the property owner. Officer Moise addressed the Board and stated for the record she is re-submitting one (1) photo dated October 16, 2018, one (1) photo dated November 19, 2018, two (2) photos dated February 4, 2019 and submitting two (2) photos dated April 29, 2019. She gave a detailed description of the photos presented. Officer Moise stated this case was brought to the February 6, 2019 Code Board meeting for Section 38-24, to remove the vehicle from the county’s right of way, Section 13.09.00, Exterior Property Maintenance, Section 302.7, to repair or remove the damaged fence, Section 38-24, abated on April 1, 2019, the vehicle was removed from the county’s right of way. The property owner was present and the Board found the property in violation. The Board gave a compliance date of April 30, 2019. She has had contact with owner and as of April 30, 2019 the property remains in violation. Mr. Murdock made a motion in reference to Case No. 96606 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 May 1, 2019 with a maximum fine not to exceed $10,000.00. Mr. Spatara seconded and the motion carried. Case No. 96848, Location of violation, 8795 Jay Gardens Ln., Fort Pierce, FL, Property Owner, Kelly Goodin. There was no one present to represent the property owner. 6 Officer Moise addressed the Board and stated for the record she is re-submitting one (1) photo dated October 23, 2018, one (1) photos dated February 4, 2019 and submitting one (1) photo dated April 29, 2019. She gave a detailed description of the photos presented. Officer Moise stated this case was brought to the February 6, 2019 Code Board meeting for Section 11.05.01, to obtain a permit for the new fence. The property owner was not present; however, Michael Thomas, a representative for the property was present and the Board found the property in violation. The Board gave a compliance date of April 30, 2019. She has had contact with Michael Thomas who is a representative for the property and as of April 30, 2019. Mrs. Monahan made a motion in reference to Case No. 96848 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 May 1, 2019 with a maximum fine not to exceed $5,000.00. Mr. Waters seconded and the motion carried unanimously. Case No. 96351, Location of violation, Seagrape Dr., Fort Pierce, FL, Property Owner, Julio A. Rodriguez. There was no one present to represent the property owner. Officer Williams addressed the Board and stated for the record she is submitting one (1) photo dated December 3, 2018 taken by former Officer Brubaker and submitting one (1) photo dated March 4, 2019 and two (2) photos dated April 29, 2019 taken by her. She gave a detailed description of the photos presented. Officer Williams stated this case was brought to the March 6, 2019 Board and no one was present to represent the property owner. The Board found the property is default for being in violation of Section 38-26, and gave a compliance date April 5, 2019. She has had no contact with the property owner and as of April 29, 2019, the property is still in violation. Mrs. Monahan made a motion in reference to Case No. 96351 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 6, 2019 with a maximum fine not to exceed $10,000.00. Mr. Murdock seconded and the motion carried. X. REHEARING OR RECONSIDERATION: None. XI. REPEAT VIOLATION: None. XII. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XIII. FINE REDUCTION HEARING: None. XIV. MOTION FOR REHEARING OR RECONSIDERATON: None. XV. OTHER BUSINESS: There was discussion on the St. Lucie County corridor clean-up. XVI. STAFF BUSINESS: Discussion on cancelling the July 3, 2019 Code Board meeting. Mr. Murdock made a motion to cancel the July 3, 2019 Code Board meeting. Mr. Waters seconded the motion carried unanimously. 7 Officer Williams addressed the Board and announced that Monica Barrios is no longer with Code Enforcement, she has been promoted to the Budget and Contract Coordinator in the Planning Department. We wish her all the luck and we are going to miss her very much. The Board congratulated Monica Barrios. ADJOURN: The meeting was adjourned at 10:20 a.m.