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HomeMy WebLinkAboutOCTOBER 4, 2017 MINUTES FINAL DRAFT (2)I. II. IV V. A ; ST. LUCIE stLucieCo.sov CALL TO ORDER Code Enforcement Board Minutes — Final Draft October 4, 2017 at 9:00 a.m. Board of County Commissioners Building and Code Regulation Division Commission Chambers The Code Enforcement Board meeting was called to order at 9:00 a.m., by Mr. Ralph Fogg PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. ROLL CALL PRESENT Chairman...........................................................................Mr. Ralph Fogg Vice-Chair...........................................................................Mrs. Margaret Monahan Board Members....................................................................Mr. Wes Taylor .......................................................................................Mr. Brad Currie .......................................................................................Mr. Patrick Campion Board Attorney....................................................................Mr. Jack Krieger ABSENT: Mr. Ray Hofinann and Mr. Randy Murdock. APPROVAL OF MINUTES — SEPTEMBER 6, 2017 Mr. Taylor made a motion to accept the minutes of SEPTEMBER 6, 2017. Mr. Currie seconded and the motion carried unanimously. 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 .......................................................................................Dana DiFrancesco ........................................................................................Monica Vargas Barrios .......................................................................................Mirlande Moise Environmental Regulations Technician........................................Lynn Swartzel Board Secretary ....................................................................Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Bea Goycochea, Dana DiFrancesco, Monica Vargas Barrios, Mirlande Moise, and Lynn Swartzel were sworn in. VI. PUBLIC COMMENTS: None. VII. CONSENT AGENDA Rescind Finding of Fact, Conclusion of Law and Order Rescind Finding of Fact, Conclusion of Law and Order — Shirley Ellis — Case No. 91210 Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien — Yakut Properties LLC — Case No. 89431 Satisfaction of Fine and Release of Lien — Jean R. Deyerle — Case No. 80398 Mr. Currie made a motion to approve and accept staffs recommendation as presented. Mr. Taylor seconded and the motion carried unanimously. VIIL VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 89463 6388 Citrus Ave., Fort Pierce Joan M. Sells (LF EST) 91194 3505 Avenue F, Fort Pierce Snyfer Partners LLC 89908 806 North Lake Dr., Apt. B, Fort Pierce Jamie M. and Yolanda N. McNair 91239 3318 Orange Ave., Fort Pierce Seminole Mobile Home Park LLC 91583 3318 Orange Ave. Lot 37, Fort Pierce Seminole Mobile Home Park LLC 91762 413 N 40th St., Fort Pierce Betty L. and Ormin A. Simms 91891 2307 S 39th St., Fort Pierce VIP Home Management Inc. 91451 398 Nettles Blvd., Jensen Beach Loretta Kelly Case No. 90660 was heard first on the agenda: Case No. 90660, Location of violation, 4000 Avenue L, Fort Pierce, FL, Property Owner, Guilford Dieuvil. There was no one present to represent the property owner. Officer Williams addressed the Chairman and Board and stated the property owner is asking the Board to continue the case to the November 1, 2017 Code Board and Staff has no problem with that. Chairman Fogg addressed the Board and stated can we hear a motion. Mr. Currie made a motion in reference to Case No. 90660 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on November 1, 2017. Mr. Taylor seconded and the motion carried unanimously. Case No. 91760, Location of violation, 406 N. 40t1' St., Fort Pierce, FL, Property Owner, Howard and Betty M. Lurry Jr. Howard Lurry Jr., the property owner was sworn in by the Board's Secretary. Officer Moise addressed the Board and stated for the record she is submitting seven (7) photos , two (2) dated June 13, 2017, three (3) dated July 20, 2017, one (1) dated August 30, 2017, one (1) dated September 21, 2017, and three (3) dated October 3, 2017. Officer Moise stated during her first inspection she found the property located at 406 N 40t' St. in violation of Section 38-26, for outside storage and unserviceable vehicle. She stated she issued a letter and gave a compliance date of June 27, 2017. She noted she has had no contact with the owner and as of October 3, 2017 the property remains in violation. Chairman Fogg asked Mr. Lurry if the pictures presented by Officer Moise are correct. 2 Mr. Lurry Jr. answered in the affirmative. Chairman Fogg asked Mr. Lurry if he is in violation or are you not. Mr. Lurry Jr. answered he does not think he is in violation. Chairman Fogg asked Mr. Lurry Jr. to please explain to the Board why he believes that. Mr. Lurry Jr. stated because he just moved into the house and he has not gotten around to putting all his stuff up yet, but as he sees the pictures being taken this is some of the stuff he has been cleaning up and some has been put there this week. He stated we are going through the stuff, some of the stuff we are going to get rid of and some of the stuff they are going to keep so we are taking our time and go through it where he can get it together where we can get rid of some and what we are going to keep. He stated his house was a lot bigger when he had this stuff so now it is a lot smaller so that is why it is like this. Chairman Fogg asked Mr. Lurry Jr. if he sees the flat tires on the vehicle. Mr. Lurry Jr. answered they are not flat anymore. Chairman Fogg asked Officer Moise when she took these pictures. Officer Moise answered the last pictures where taken yesterday October 3. Chairman Fogg asked Mr. Lurry Jr. if he aired the tires up this morning. Mr. Lurry Jr. answered no sir they were not down when he paid it attention. Chairman Fogg stated sir you are in violation and we are trying to help you clean this up. Mr. Lurry Jr. stated he has a tag and insurance for his truck and it does run. Chairman Fogg asked Mr. Lurry Jr. if he can get this done in thirty (30) days. Mr. Lurry Jr. answered yes sir he can get it done in thirty (30) days probably less. Mr. Currie asked Mr. Lurry Jr. how long he has lived in this house. Mr. Lurry Jr. answered for about a year. Mr. Currie asked so this stuff in the photo has been sitting out here for a year. Mr. Lurry Jr. answered no this was put out there this week. There was further discussion among the Board, Staff and Mr. Lurry Jr. on the violations on the property. Mrs. Monahan informed Mr. Lurry Jr. when he gets a letter he needs to call and talk to Staff they are here to help you and explain these rules to you because we cannot have all this stuff out here on the porch sitting there. She told him to call Officer Moise to come out and have a look when he has cleaned all this stuff up. She told him if he does not get it cleaned up he is going to have a fine. Mr. Currie informed Chairman Fogg he has a motion. Mr. Currie made a motion in reference to Case No. 91760 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 December 1, 2017, 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. Case No. 91029, Location of violation, 8103 Indian River Dr., Fort Pierce, FL, Property Owner, Timothy Derosier (TR). There was no one present to represent the property owner. Officer Vargas Barrios addressed the Chairman and stated she had provided to the Board a letter from the owner who is requesting a continuation of this case. Mr. Currie made a motion in reference to Case No. 91029 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on November 1, 2017. Mrs. Monahan seconded and the motion carried unanimously. Case No. 92167, Location of violation, 8005 Georges Rd, Fort Pierce, FL, Property Owner, Roshini Lakram. Roshini Lakram, the property owner/landlord and Ricki Williams, the tenant were sworn in by the Board's Secretary. Officer DiFrancesco addressed the Board and stated for the record she is submitting a total of six (6) photos, three (3) dated July 18, 2017, two (2) dated September 22, 2017, and one (1) dated October 2, 2017. She stated on July 18, 2017 she found 8005 Georges Rd. to be in violation of Section 38-26, for outside storage and 3.01.03(J), for running a business in residential zoning. She issued a Notice of Violation letter and gave a compliance date of August 1, 2017. She stated on July 281, the tenant, Ricki Williams called in and they discussed ways to correct the violations. She stated on October 3, 2017 she was able to make contact with the landlords husband Andrew, and discussed ways to correct the violations. She noted as of October 2, 2017 the property remains in violation. Chairman Fogg stated he believes Case No. 92188 is a companion case asked if that is correct. Officer DiFrancesco it is not a companion she guesses because it is two separate addresses, they are two independent parcels, one is a vacant lot and the other is a residence right next door. Chairman Fogg he stated there is no violation on one. Officer DiFrancesco answered they are both have separate violations. Katherine Barbieri, Assistant County Attorney addressed Chairman Fogg and stated do you want her to go ahead and read the evidence in 8007 Georges Rd. since it appears that the violator is going to address both. Chairman Fogg answered in the affirmative and asked Officer DiFrancesco to please do that. Officer DiFrancesco read into the record the summary for Case No. 92188. Chairman Fogg stated so you are in violation. Ricki Williams answered the only thing that is left there is the stuff that is in the front, which she has not been able to put in her house yet. She stated all the stuff that was at the road was all things that were destroyed in the hurricane, what you see now and most of that is gone, the rest of it is just waiting for trash pickup. She stated they can only pick up so much at one time in Lakewood Park because there is so much stuff. She stated what you see here is Christmas stuff that she had taken out and she is waiting to put back into her home. 2 Chairman Fogg asked Ms. Williams if all of this in the picture is gone. Ms. Williams answered no that is our old hot tub that they are in the process of selling. She stated the truck is gone, the hot tubs on the empty lot are gone from the previous photos from 8005. She stated that is a boat and the yellow slide is her kids play toy, she said other than that she does not see the violation there. Chairman Fogg asked Ms. Williams if she has talked to Officer DiFrancesco on all this. Ms. Williams answered she has been trying to contact her, she spoke to her like two months ago. Officer DiFrancesco stated we spoke on July 28 and one other time she did call and leave me a message and she returned that call and left her a message back. Chairman Fogg stated as you can see we are just trying to get all of this cleaned up and save you as a tenant and the landlord from having a fine. He stated we do not want that and he is sure she does not either. Chairman Fogg asked Mrs. Lakram if she has anything to say. Mrs. Lakram addressed the Board stated we did not rent this lot as a business we just were letting them use it for their children and things like that. She stated we did not realize there was something going on there, we did not receive the notice that she was in compliance. She stated Ms. Williams told them she was in compliance and she did tell us she cleaned up everything and we assumed everything was done. She stated we did not receive anything otherwise we would have touched base with her that she needed to move on a little faster. Chairman Fogg stated it looks like there was a hot tub party here. Ms. Williams answered she moves hot tubs and disposes hot tubs, things like that and we have to take them to the dump and it costs money for us to take them to the dump and we have been running really low on funds. Chairman Fogg stated you cannot run a business out of a residential area though. Ms. Williams stated we are not running a business out of the house. Chairman Fogg stated he is sure the landlord after this will oversee this. Mrs. Lakram stated definitely. She stated she does not think she is as far as she knows. Chairman Fogg stated we are looking for a motion. He asked Ms. Williams what her time frame is and asked her if she can get it done in thirty (30) days. Ms. Williams answered in the affirmative she can get it done in less than that. Officer Williams addressed the Board and stated on the first case the unserviceable vehicle has been abated. Mr. Currie made a motion in reference to Case No. 92167 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 December 1, 2017, 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. 5 Case No. 92188, Location of violation, 8007 Georges Rd, Fort Pierce, FL, Property Owner, Roshini Lakram. Roshini Lakram, the property owner and Ricki Williams, the tenant were sworn in by the Board's Secretary. Officer DiFancesco addressed the Board and stated for the record she is submitting a total of seven (7) photos, two (2) dated July 18, 2017, two (2) dated September 22, 2017, and three (3) dated October 2, 2017. She stated on July 18, 2017 she found 8007 Georges Rd. to be in violation of Section 38-26, for outside storage. She issued a Notice of Violation letter and gave a compliance date of August 1, 2017. She stated on July 281 the tenant, Ricki Williams called in and they discussed ways to correct the violation. She stated on October 3, 2017 she was able to make contact with the landlords, husband Andrew, and discussed ways to correct the violation. She noted as of October 2, 2017 the property remains in violation. Chairman Fogg stated he believes Case No. 92188 is a companion case asked if that is correct. Officer DiFrancesco it is not a companion she guesses because it is two separate addresses, they are two independent parcels, one is a vacant lot and the other is a residence right next door. Chairman Fogg he stated there is no violation on one. Officer DiFrancesco answered they are both have separate violations. Katherine Barbieri, Assistant County Attorney addressed Chairman Fogg and stated do you want her to go ahead and read the evidence in 8007 Georges Rd. since it appears that the violator is going to address both. Chairman Fogg answered in the affirmative and asked Officer DiFrancesco to please do that. Officer DiFrancesco read into the record the summary for Case No. 92188. Chairman Fogg stated so you are in violation. Ricki Williams answered the only thing that is left there is the stuff that is in the front, which she has not been able to put in her house yet. She stated all the stuff that was at the road was all things that were destroyed in the hurricane, what you see now and most of that is gone, the rest of it is just waiting for trash pickup. She stated they can only pick up so much at one time in Lakewood Park because there is so much stuff. She stated what you see here is Christmas stuff that she had taken out and she is waiting to put back into her home. Chairman Fogg asked Ms. Williams if all of this in the picture is gone. Ms. Williams answered no that is our old hot tub that they are in the process of selling. She stated the truck is gone, the hot tubs on the empty lot are gone from the previous photos from 8005. She stated that is a boat and the yellow slide is her kids play toy, she said other than that she does not see the violation there. Chairman Fogg asked Ms. Williams if she has talked to Officer DiFrancesco on all this. Ms. Williams answered she has been trying to contact her, she spoke to her like two months ago. Officer DiFrancesco stated we spoke on July 28 and one other time she did call and leave me a message and she returned that call and left her a message back. Chairman Fogg stated as you can see we are just trying to get all of this cleaned up and save you as a tenant and the landlord from having a fine. He stated we do not want that and he is sure she does not either. Chairman Fogg asked Mrs. Lakram if she has anything to say. Mrs. Lakram addressed the Board stated we did not rent this lot as a business we just were letting them use it for their children and things like that. She stated we did not realize there was something going on there, we did not receive the notice that she was in compliance. She stated Ms. Williams told them she was in 2 compliance and she did tell us she cleaned up everything and we assumed everything was done. She stated we did not receive anything otherwise we would have touched base with her that she needed to move on a little faster. Chairman Fogg stated it looks like there was a hot tub party here. Ms. Williams answered she moves hot tubs and disposes hot tubs, things like that and we have to take them to the dump and it costs money for us to take them to the dump and we have been running really low on funds. Chairman Fogg stated you cannot run a business out of a residential area though. Ms. Williams stated we are not running a business out of the house. Chairman Fogg stated he is sure the landlord after this will oversee this. Mrs. Lakram stated definitely. She stated she does not think she is as far as she knows. Chairman Fogg stated we are looking for a motion. He asked Ms. Williams what her time frame is and asked her if she can get it done in thirty (30) days. Ms. Williams answered in the affirmative she can get it done in less than that. Officer Williams addressed the Board and stated on the first case the unserviceable vehicle has been abated. Mr. Currie made a motion in reference to Case No. 92188 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 December 1, 2017, 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. Case No. 90857, Location of violation, 8433 S US 1, Port St. Lucie, FL, Property Owner, St. Lucie Plaza LLC. Jeff Baron, representative for the property owner/landlord was sworn in by the Board's Secretary. Officer Brubaker addressed the Board and stated for the record she is submitting one (1) photo dated February 16, 2017. She stated during her first inspection she found 8433 S US 1 in violation of 11.05.01, for turning a large space into seven (7) suites without a permit. She issued a letter and gave a compliance date of March 8, 2017. She stated she has had contact with the owner and representative and they discussed the ways to correct the violation. She stated on May 11, 2017 the tenant applied for the permit, now the owner of the property is looking to transfer the permit to his own name and address the comments that are pending on the permit. She stated as of October 3, 2017 the property does remain in violation as the permit is still pending. Chairman Fogg asked Mr. Barron if he is in violation or not. Mr. Barron answered in the affirmative. He stated the tenant All Star Carpet and Tile initially wanted to keep the space, realized that we are in violation and submitted plans to have it brought up to code. He stated they (All Star Carpet and Tile) invested $1,000.00 or so in the plans and it came to a point that he did not want to invest any more money so it fell back in our hands. He stated the landlord decided he was going to demo the property and put it back to its original condition when it was built. He stated they got a general contractor who came in and looked it submitted a bid of $10,000.00 so meantime he took photos sent it to the landlord 7 and the landlord basically said it looks like it is in good shape let's keep it. He stated so now we are in the process of working with the architect to submit plans in conjunction with Juan, of All Star Carpet and Tile to have this brought up to code, it may be up to code already we have to have it inspected. Chairman Fogg asked if we have a picture of the whole building. There was questions from the Board on where this building is. Officer Brubaker addressed the Board and stated this building is across from Spanish Lakes on US 1. She stated they are the left side corner unit and when you walk in it is the All Star Carpet and Tile, you have to go to the side there is a little door you open and you walk upstairs and up on the second floor is where these seven (7) suites are. She stated it was an open space and a bathroom and they made seven suites. Chairman Fogg asked if it has been in place for a long time. Officer Brubaker answered she does not know how long it has been there. Mr. Barron stated when the owner bought the building he did not realize it was there. He stated when the building was built it was just open space and a bathroom up there and then someone converted it to these seven (7) offices we do not know who and right now we are just trying to get it up to code. He stated now after the hurricanes, finding contractors and everything else is challenging. Chairman Fogg asked Officer Brubaker how she found out about it, was it complaint driven. Officer Brubaker answered one of the tenants up on the second floor actually came in and made us aware there was seven (7) suites up there. Mrs. Monahan asked and this carpet guy rents them all. Mr. Barron answered apparently so. Mr. Currie stated so he was renting it to other people not just the carpet people. Mrs. Monahan stated or sub -letting. Officer Brubaker answered correct, there were seven (7) different people upstairs that had nothing to do with the carpet and tile store. She stated they were all evicted and told to leave due to the fact there was no permit. Mr. Currie asked if you have looked at the approved site plan for this and did it contemplate for this square footage up there. Officer Brubaker answered no she did not. Mr. Currie stated no offense to the property owner here but from his experience this is impossible to fix. He stated you have access requirements, ADA requirements, basically they have to put an elevator more or less because this is open to the public. He stated $10,000.00 is a drop in the bucket, this is probably $50 000.00 to $60,000.00 at minimum to get this thing ready. He stated the types of doors you have to put in, the width of the hallway and sometimes you cannot even do it because you have to have safety access, a certain footage from that door to get to outside, it is a nightmare. Mr. Barron stated there is egress there he knows that. Mr. Currie asked Mr. Barron if he is working with an architect now. Mr. Barron answered yes he is. Mr. Currie asked Mr. Barron who the architect is. Mr. Barron answered he does not know, he is working with an associate of his. Mr. Currie stated most architects would not take this is why he asked that question. He stated Carl Peterson, Building Official sees this all the time. Mr. Barron stated so his only option is to demo it. Mr. Currie answered that is not his only option, he has other options. Mrs. Monahan stated it depends on how much money he wants to spend. Chairman Fogg stated we are not telling you that we are just saying it is a violation, we are only here to help the County and say there is a violation and we agree that there is and we will give you some time to abate it but it has to be done. Carl Peterson, Building Official was sworn in by the Board's Secretary. Carl Peterson, Building Official, stated he had not actually looked at the plans on this but it would require vertical accessibility. There was further discussion among the Board, Staff and Mr. Barron on the violation. Chairman Fogg asked the Board if they had any other questions and if not we need a motion for some time. Mrs. Monahan made a motion in reference to Case No. 90857 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 December 1, 2017, 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. Currie seconded and the motion carried unanimously. Case No. 91717 and Case No. 91774 are Companion Cases Case No. 91717, Location of violation, 8445 S US 1, Port St. Lucie, FL, Property Owner, St. Lucie Plaza LLC. Jeff Baron, representative for the property owner/landlord and Greg Thompson, the tenant were sworn in by the Board's Secretary. Officer Brubaker addressed the Board and stated for the record she is submitting two (2) photos, one (1) dated June 9, 2017 and one (1) dated September 22, 2017. She stated during her first inspection she found 8445 S US 1 in violation of Section 11.05.01, for having a car lift without a permit. She issued a letter and gave a compliance date of June 28, 2017. She stated she has had contact with the representative and the tenant. She noted as of October 3, 2017 the permit for the car lift was applied for but not issued and the property remains in violation. Mrs. Monahan asked why the permit was not issued, that means it has problems too. Mr. Currie asked when they submitted the permit. Officer Brubaker answered yesterday October 3, 2017. 0 Chairman Fogg asked Mr. Thompson if he had any questions on this and what is going on. Mr. Thompson addressed the Board and stated we are getting it taken care of. He stated they hired a sub- contractor who is getting a contractor to do everything and pull all the permits. He stated they did get their electrical permit done and he guesses they are just waiting to get the general contractor permit he is not 100% sure. Mrs. Monahan asked what is involved in a car lift permit, electrical issues. Carl Peterson, Building Official answered there is electrical and the way it is set up. Chairman Fogg asked Mr. Thompson how long he has been there. Mr. Thompson answered four (4) months. Chairman Fogg asked Mr. Thompson when you went in you did not know you needed to do all this. Mr. Thompson answered in the negative not for the lift. Mr. Currie asked Carl Peterson how long he would expect this permit to take. Carl Peterson answered once we get the contractor it should not take but a week or so. Chairman Fogg stated we are looking for a motion Mr. Currie made a motion in reference to Case No. 91717 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 December 1, 2017, 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. Case No. 91774, Location of violation, 8445 S US 1, Port St. Lucie, FL, TenantNiolator, Tint Citi Customz. Greg Thompson, the tenant was sworn in by the Board's Secretary. Officer Brubaker addressed the Board and stated for the record she is submitting two (2) photos, one (1) dated June 9, 2017 and one (1) dated September 22, 2017. She stated during her first inspection she found 8445 S US 1 in violation of Section 11.05.01, for having a car lift without a permit. She issued a letter and gave a compliance date of June 28, 2017. She stated she has had contact with the representative and the tenant. She noted as of October 3, 2017 the permit for the car lift was applied for but not issued and the property remains in violation. Mrs. Monahan asked why the permit was not issued, that means it has problems too. Mr. Currie asked when they submitted the permit. Officer Brubaker answered yesterday October 3, 2017. Chairman Fogg asked Mr. Thompson if he had any questions on this and what is going on. Mr. Thompson addressed the Board and stated we are getting it taken care of. He stated they hired a sub- contractor who is getting a contractor to do everything and pull all the permits. He stated they did get their 10 electrical permit done and he guesses they arc just waiting to get the general contractor permit he is not 100% sure. Mrs. Monahan asked what is involved in a car lift permit, electrical issues. Carl Peterson, Building Official answered there is electrical and the way it is set up. Chairman Fogg asked Mr. Thompson how long he has been there. Mr. Thompson answered four (4) months. Chairman Fogg asked Mr. Thompson when you went in you did not know you needed to do all this. Mr. Thompson answered in the negative not for the lift. Mr. Currie asked Carl Peterson how long he would expect this permit to take. Carl Peterson answered once we get the contractor it should not take but a week or so. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case No. 91774 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 December 1, 2017, 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. 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 91758 N 401 St., Fort Pierce Sebrina S. Barron 91186 228 Silverstream Cir., Fort Pierce Ridgecrest Mobile Home Park 91012 228 Silverstream Cir., Fort Pierce Joan Sorensen 91954 6502 Kenwood Rd., Fort Pierce Home SFR Borrower LLC 91984 7806 Belleair Ave., Fort Pierce Tanaisha Gardner 92017 Next to 5802 Palm Dr., Fort Pierce Sunil R. and Parbatie Maharaj 91305 110 Banyan Dr., Port St. Lucie Yakut Properties LLC 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. Campion seconded and the motion carried unanimously. IX. FINE HEARING: 11 Case No. 88931, Location of violation, 806 S. 40t' Ct., Ft. Pierce, FL, Property Owner, John H. Stamm Jr. Theodore Dillion, grandson and representative of the property owner was sworn in by the Board's Secretary. Officer Moise addressed the Board and stated for the record she is re -submitting three (3) photos, two (2) dated July 22, 2016, and one (1) dated January 31, 2017 and submitting one (1) photo dated October 3, 2017. Officer Moise stated on July 22, 2016 she inspected the property and found it in violation of Section 11.05.01, for a detached structure without a permit. She noted at the February 1, 2017 meeting, the property owner was present and the Board found the property in violation and gave a compliance date of July 7, 2017. Officer Moise stated Staff is asked for a continuance on the behalf of Mr. Stamm at the August 2, 2017 and September 6, 2017 meetings based on the permit being applied for, however, the permit is still pending due to comments that have not been addressed. She stated she has had contact with the owner and the engineer as of October 3, 2017 the property remains in violation. Mr. Dillon addressed the Board and stated when he grandfather originally had the structure built around ten (10) years ago he hired a contracting company out of Orlando they built it, he was under the impression everything was filed, turns out it was not. He stated when he received the violation he contacted the company and they have since gone under. He stated so since then we have had plans drawn and he is actually going to pull the permits today and that is where we are at. There was discussion among the Board, Staff and Mr. Dillion on the violation. Mrs. Monahan stated to Mr. Dillon basically we just need to give you more time. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 88931 that the Code Enforcement Board continue this case to the Code Enforcement Board hearing on November 1, 2017. Mr. Currie seconded and the motion carried unanimously. Case No. 87897 and Case No. 87898 are Companion Cases Case No. 87897, Location of violation, 5280 N US Hwy. 1, Fort Pierce, FL, Property Owner, Dennis W. Moore. Dennis Moore, the property owner was sworn in by the Board's Secretary. Officer Williams addressed the Board and stated for the record she is resubmitting three (3) photos taken by Officer Swartzel and one (1) photo dated October 3, 2017 taken by her. Officer Williams stated the Violation hearing came before the Board on September 7, 2016, no one was present to represent the property owner, and the Board found the owner and tenant in default and gave a compliance date of October 7, 2016. She stated at the November 2, 2016 Fine Hearing Staff asked the Board to continue the case because the property owner was working with the Planning Department to bring the property into compliance. She stated since then the case has been continued three more times. She stated on September 27, 2017 Staff approved the Order granting approval for a waiver from the all-weather surface paving requirement and an alternative landscaping plan to be installed within 180 days. She stated once the parking and landscaping are installed the zoning compliance permit will be issued and the property will be in compliance. She stated Staff is asking the Board today to grant Mr. Moore more time to bring the property into compliance. Mr. Moore stated he would like to add we have submitted a plan and it was approved last week and now we are ready to proceed and get the work done. Mrs. Monahan asked Mr. Moore how much more time do you need a couple of months. 12 Mr. Moore answered 180 days with the holidays coming, the lack of materials and people to do the work. Mr. Currie stated he has to do that as part of his approval as well. Officer Williams answered that is correct. Officer Williams addressed the Chairman Fogg and the Board and stated Staff would like a date certain instead of being continued again. She stated we would like to give him a date certain please. Mrs. Monahan made a motion in reference to Case No. 87897 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 16, 2018 with a maximum fine not to exceed $10,000.00. Mr. Currie seconded and the motion carried unanimously. Case No. 87898, Location of violation, 5280 N US Hwy. 1, Fort Pierce, FL, Tenant/Violator, JT Auto & Custom Auto Repair. Dennis W. Moore. Dennis Moore, the property owner was sworn in by the Board's Secretary. Officer Williams addressed the Board and stated for the record she is resubmitting three (3) photos taken by Officer Swartzel and one (1) photo dated October 3, 2017 taken by her. Officer Williams stated the Violation hearing came before the Board on September 7, 2016, no one was present to represent the property owner, and the Board found the owner and tenant in default and gave a compliance date of October 7, 2016. She stated at the November 2, 2016 Fine Hearing Staff asked the Board to continue the case because the property owner was working with the Planning Department to bring the property into compliance. She stated since then the case has been continued three more times. She stated on September 27, 2017 Staff approved the Order granting approval for a waiver from the all-weather surface paving requirement and an alternative landscaping plan to be installed within 180 days. She stated once the parking and landscaping are installed the zoning compliance permit will be issued and the property will be in compliance. She stated Staff is asking the Board today to grant Mr. Moore more time to bring the property into compliance. Mr. Moore stated he would like to add we have submitted a plan and it was approved last week and now we are ready to proceed and get the work done. Mrs. Monahan asked Mr. Moore how much more time do you need a couple of months. Mr. Moore answered 180 days with the holidays coming, the lack of materials and people to do the work. Mr. Currie stated he has to do that as part of his approval as well. Officer Williams answered that is correct. Officer Williams addressed the Chairman Fogg and the Board and stated Staff would like a date certain instead of being continued again. She stated we would like to give him a date certain please. Mrs. Monahan made a motion in reference to Case No. 87898 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 16, 2018 with a maximum fine not to exceed $10,000.00. 13 Mr. Taylor seconded and the motion carried unanimously. Case No. 91360, Location of violation, 5504 Spruce Dr., Fort Pierce, FL, Property Owner, William Mowery. There was no one present to represent the property owner. Officer Brubaker addressed the Board and stated for the record she is re -submitting five (5) photos, two (2) photos dated April 25, 2017 and three (3) dated July 31, 2017. She is also submitting four (4) photos, two (2) dated September 22, 2017 and 2 dated October 2, 2017. She stated this case was found in violation at the august 2017 Code Board for Section 38-26, outside storage of items, Section 38-97, overgrowth, Section 13.09.00, Section 303.2, Property Treatment, to fix the roof as the wood is rotting out and Section 38-26, for the unserviceable vehicle. She stated the Board gave a compliance date of October 2, 2017. She noted she has had contact with the owner's daughter she does not have the money to do anything on the property and as of October 3, 2017 the property remains in violation. Chairman Fogg asked if the property is in foreclosure. Officer Brubaker answered not yet, she (the owner's daughter) is trying to get the bank to take the house back but they are not cooperating with her right at the moment. Mr. Campion made a motion in reference to Case No. 91360 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 October 2, 2017 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case No. 90606, Location of violation, 598 Hidden River Dr., Port St. Lucie, FL, Property Owner, Hermione Grimston. There was no one present to represent the property owner. Officer Brubaker addressed the Board and stated for the record she is submitting seven (7) photos, two (2) dated January 9, 2017, two (2) dated April 20, 2017, two (2) dated July 31, 2017 and one (1) dated October 2, 2017. She stated this case was found in default at the August 2017 Code Board and found in violation for Section 6.02.02, Riverine Shoreline Protection, for adding dirt and grass to the shoreline and Section 11.05.06, for removing trees without a permit, they were given until September 8, 2017 to come into compliance. She stated she has had no contact with the owner and as of October 3, 2017 the property remains in violation. Chairman Fogg stated this is a no -no you cannot do the shoreline. Mr. Currie asked is that the piece right there that is on the screen right now. Officer Brubaker answered in the affirmative. She stated it is a 15 ft. x 100 ft. small little piece, it went into a tax deed sale and somebody purchased it. She stated from the neighbors we are hearing the gentleman does come out there and sits in a lawn chair to look at the river which is why he put the grass and dirt down that is what we are hearing. Mr. Currie asked how he gets access. Chairman Fogg asked if that is that is why Mrs. Swartzel is here this morning. Officer Brubaker answered correct. Chairman Fogg asked Mrs. Swartzel if she had anything to say. 14 Mrs. Monahan stated she wants to go back to Mr. Currie's question how does he get access. Officer Brubaker answered she does believe there is an easement if you see on the side they all have pieces of the dock over here and each home owns a little piece of this over here for a dock so they have access to get to that. Mrs. Monahan asked if this is jamming up the drainage. Officer Brubaker answered she does not believe so. She had Water Quality go out there, we do own the drainage easement in front of it. She stated the water was still flowing when he put the dirt and grass he did not impede the drainage and they did not have any issues during the hurricane. Mr. Campion asked is there anything he can do as far as what has already been done or does it all have to be removed. Mrs. Swartzel, Environmental Regulations Technician answered he has to bring it back to grade and where it was before. She stated he cannot do anything in the shoreline protection. She stated there is a fifty (50) foot shoreline protection in the mean high water line and once you impede it or if you change structure or fill it, or put anything in you are making it vulnerable. There was further discussion among the Board and Staff on where the drainage easement is and what is not allowed along the shoreline. Officer Brubaker stated he added the dirt and the grass along the shoreline. She stated we have had not any contact with the owner. She stated Katherine Barbieri, Assistant County Attorney has found other addresses and we have sent to them, it comes back return to sender no such person, we have tried contacting DEP, they have been involved and have tried looking for this person. Chairman Fogg stated we are looking for a motion please. Mr. Campion made a motion in reference to Case No. 90606 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 September 9, 2017 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case No. 90617, Location of violation, 2051 Macquillen Rd., Port St. Lucie, FL, Property Owner, John Sanchez, Leonard Sanchez and Aura Sanchez. John Sanchez, the property owner was sworn in by the Board's Secretary. Officer Brubaker addressed the Board and stated for the record she is submitting two (2) photos, one (1) dated January 17, 2017 and one (1) dated July 21, 2017. She stated this case was found in default at the August 2017 Code Board for Section 11.05.01, building a barn without a permit. She noted the Board gave a compliance date of September 8, 2017. She stated she has had contact with the owner and they discussed the ways to correct the violation. She noted as of October 3, 2017 there is no permit and the property remains in violation. She stated the owner is here to explain and ask for more time. Chairman Fogg asked Mr. Sanchez to explain. Mr. Sanchez addressed the Board and stated he has hired an engineer (Foster Engineering) he came out made a quick sketch and is working on the actual drawing of it. He came in a got all the paperwork he need to get, filled it all out, he has the survey the only thing he is waiting on is Mr. Foster's drawing. He stated unfortunately he is semi -retired he has known him since he was nine years old, he is taking a long time he 15 has spoken to him and told him he has to have it as quick as possible and his answer to me is soon. He stated he told Mr. Foster if he does not have it in a timely manner he will have to hire someone else and get it done. Chairman Fogg asked Mr. Sanchez how long he has owned the property. Mr. Sanchez answered about eighteen years. Chairman Fogg asked how long has the building been there. Mr. Sanchez answered about two and a half years, it took me four years to build it. He stated he built it himself. Chairman Fogg asked Mr. Sanchez you did not know you needed a permit. Mr. Sanchez answered no sir. Chairman Fogg asked the Board if they had any questions. Mrs. Monahan asked if the property is zoned agriculture. Mr. Sanchez answered it is and he has also been speaking to Melissa about it they want to put livestock out there, they have horses but do not have cattle but they have to fence in the whole property and that would take longer. Chairman Fogg stated we are looking for a motion please. Mrs. Monahan made a motion in reference to Case No. 90617 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 March 1, 2018 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case No. 90411, Location of violation, 2935 Admiral St., Fort Pierce, FL, Property Owner, Agripina Virto and Charles C. Waters. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record she is submitting five (5) photos dated December 20, 2016, two (2) photos dated July 12, 2017, two (2) photos dated August 1, 2017, one (1) photo dated September 22, 2017 and three (3) photos dated October 2, 2017. Officer Goycochea stated this case was brought before the August 2, 2017 Code Enforcement Board for being in violation of Section 13.09.00, 302.7, Accessory Structure, to repair the fence and Section 38-26, for outside storage of items and materials. She stated the Board found the case in default since no one was present to represent the property owner. She stated the Board gave a compliance date of September 8, 2017. She stated Staff has not had any contact with the property owner and as of October 3, 2017, the property is still in violation. Mr. Campion made a motion in reference to Case No. 90411 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 September 9, 2017 with a maximum fine not to exceed $5,000.00. 16 Mrs. Monahan seconded and the motion carried unanimously. X. REPEAT VIOLATION: None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XIL FINE REDUCTION HEARING: Case No. 40929, Location of violation, 2602 Arnold Ct., Fort Pierce, FL, Property Owner, Calvin Richardson. Fine Reduction requested by Ronald L. Carson, Esq. Calvin Richardson, the property owner was sworn in by the Board's Secretary. Mr. Richardson addressed the Board and stated he owns twenty-two properties and what happened is he got a violation at 2602 Arnold Ct. and he never received anything on it. He stated it was sent to the tenants dwelling not to him at his business address of 720 Delaware Ave. He stated since the violation it was taken care of the house is painted and there is no debris around it. He stated he bought it at a tax sale and would like to get some sort of reduction so he can move on with his life. Chairman Fogg asked Mr. Richardson is this homesteaded sir. Mr. Richardson answered no it is not it is tenant occupied. Chairman Fogg stated this goes back to July of 2006. Mr. Richardson said it has been going on because he never got notice. Mrs. Monahan what did you do, go to borrow money and found it. Mr. Richardson answered in the affirmative. He stated the Property Appraiser must have straightened out the address because he got another violation on it this year about the fence and he fixed it, but he never received the first one. Mr. Currie stated he is looking at the Property Appraiser information it says that the ownership and the mailing address is Calvin Richardson at 2602 Arnold Ct. so the Property Appraiser has the wrong address for the owner. Officer Williams addressed the Chairman and Board and stated back in 2006 we mailed all his correspondence to the 2602 Arnold Ct. based on the Property Appraiser it is in your packet so back then we did mail it to the right address because he never changed it on the Property Appraiser record card. Mr. Currie stated looking at the case it was in violation from June 2006 to September 2006 which is two months. She stated on the Agenda there is a scrivener's error, it says $10,000.00 it is actually $7,500.00 is what he owes. Mrs. Monahan asked is this a current photograph. Officer Williams answered yes as of yesterday. Mr. Currie made a motion in reference to Case No. 40929 that the Code Enforcement Board makes the following determination: The fine of $7,500.00 and prosecution cost of $125.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $0.00. Mrs. Monahan seconded and the motion carried unanimously. XIII. MOTION FOR REHEARING OR RECONSIDERATON: None. 17 XIII. OTHER BUSINESS: None. XIV. STAFF BUSINESS: None. ADJOURN: There was no further business and the meeting was adjourned at 10:21 a.m.