HomeMy WebLinkAboutMinutes 05-07-2008
MINUTES OF THE ST. LUCIE COUNTY
CODE ENFORCEMENT BOARD HEARING
May 7, 2008 - 9:00 am
HELD IN THE COMMISSION CHAMBERS
ROGER POITRAS ANNEX
2300 VIRGINIA AVENUE
FORT PIERCE, FLORIDA
PRESENT
Chairman.................................................................................................................Dr. Dale Ingersoll
Board Members................................................................................................ Ray Hofmann
Mitchell Williford
Margaret Monahan
Board Attorney.....................................................................................................Jack Krieger
ABSENT
Vice Chairman .........................................................................................................Phillip Stickles
Board Members .......................................................................................................Thomas Siplin
Ralph Fogg
STAFF PRESENT
Assistant County Attorney.....................................................................................Katherine Mackenzie-Smith
Code Compliance Manager..................................................................................Chris Lestrange
Code Enforcement Supervisor..............................................................................Dennis Bunt
Contractor Licensing Supervisor...........................................................................Swendy Ariyanayagam
Contractor Licensing Investigator..........................................................................Monica Barrios
Code Enforcement Officer ...................................................................................Carl Peterson
Code Enforcement Officer....................................................................................Bill Abiuso
Code Enforcement Officer....................................................................................Melissa Brubaker
Code Enforcement Officer....................................................................................Carl Brome
Code Enforcement Officer....................................................................................Chris Counsellor
Code Enforcement Officer....................................................................................Mark Fowler
Board Secretary...................................................................................................Shirley Walls
Board Recorder....................................................................................................Mary Holleran
* Indicates a motion ** Indicates a vote
*** For the record comment
A. CALL TO ORDER
The Code Enforcement Board meeting was called to order at 9:08 a.m., by Dr. Ingersoll.
B. PLEDGE TO THE FLAG
All those present rose to pledge allegiance to the flag.
C. ROLL CALL
The roll was called and everyone was present except Ralph Fogg, Thomas Siplin and Phil Stickles.
D. APPROVAL OF MINUTES – April 2, 2008
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Mr. Hofmann made a motion to accept the minutes of April 2, 2008 as presented
.
** Mr. Williford seconded and the motion carried unanimously.
CODE ENFORCEMENT BOARD May 7, 2008
E. SWEARING IN OF STAFF MEMBERS
Chris Lestrange, Dennis Bunt, Swendy Ariyanayagam, Carl Brome, Bill Abiuso, Carl Peterson, Mark Fowler,
Monica Barrios, Melissa Brubaker, and Chris Counsellor, were sworn in.
F. CONSENT AGENDA
* Mr. Williford made a motion to approve and accept the cases on the Consent Agenda as presented by
staff unless there is an exception.
** Mr. Hofmann seconded and the motion carried unanimously.
Partial Release of Lien Case No.
George Porter 37557, 39886, 41478
Rescind Order Imposing Fine Lien Case No.
Bruno Franco & Megan L. Pesula 50628
Jeffrey Carlson 47466
G. VIOLATION HEARING:
The following cases were removed, withdrawn or abated from the agenda:
Case No. Location of Violation Owner/Violator/Name____________
55450 7508 Ft. Walton Ave., Fort Pierce Deborah M. & Kenneth E. McCloud
55787 6506 Emerson Ave., Fort Pierce Donna Crittenden-Schmidt, Michelle Brisson
54932 5501 Lucille Lane, Fort Pierce Angela J. Larkins
54693 8001 Hamilton Ave., Fort Pierce Troy B. & Tiffany W. Freeman
55158 417 Poplar Ave., Fort Pierce Cynthia & Jesse Hobbs
56807 874 S.E. Solaz Ave., Port St. Lucie Daniel Najera
57428 5800 Palmetto Dr., Fort Pierce Catena M. Zagarella
58150 641 Glenview Ave., Fort Pierce Bayview Loan Servicing
52989 1903 Edward Rd., Fort Pierce Joseph Zeilinski
54389 7006 Cabana Lane, Fort Pierce Edwin K. Cannon
52993 1703 Angle Rd., Fort Pierce Juvenal Tapia
55056 3131 Jet Center Terrace, Fort Pierce Air Charter of Florida, Inc.
55109 7802 Penny Lane, Fort Pierce Carole M. & Robert Rathburn
55392 3100 N. A1A, Fort Pierce Lakeshore/Riverwalk Community Assn.
54297 9960 S. Ocean Dr., Jensen Beach The Miramar II, HOA Office
54575 601 Howard St., Fort Pierce James V. Lloyd, Sr.
55537 8282 Spicebush Ter., Port St. Lucie Joan & Robin Treston
56133 3211 Brocksmith Rd. Fort Pierce Aguipe Investment Corp.
56691 10851 S. Ocean Dr., Lot #163, Jensen Beach Mildred & Andrew Antonacci
VIOLATION CASES HEARD:
The following three cases were Companion Cases all with the same location of violation:
Case #57349, Case #57350 and Case 57351:
Case #57349, Location of violation, 10701 S. Ocean Drive, Lot. 668, Jensen Beach, Property Owners Jack
McConnell (LF EST) and Lillie McConnell, (S/A) LF EST). The owners were not present, they were out of the
State for the hearing. The Board was advised that all three property owners share a seawall and have agreed to
go with the same Engineering firm.
Mr. Abuse provided photos dated 2/21/08. During an inspection on 2/21/08 he found the property in violation of
Section 13.09.00, Exterior Property Maintenance Code, Article 302.7, accessory structures, obtain permit and
repair the damaged seawall. A compliance date of 3/31/08 was issued. Mr. Abuse has had contact with the
owners and they agreed to have the seawall repaired.
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CODE ENFORCEMENT BOARD May 7, 2008
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Ms. Monahan made a motion in reference to Case #57349 that the Code Enforcement Board make the
following determination: After hearing the facts in this case, the testimony, and the recommendations of
staff with regard to the existence of a violation that we determine the violation in fact did occur and the
alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of
Enforcement is not complied with by January 10, 2009 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 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. Hofmann seconded and the motion carried unanimously.
Companion Case: Case #57350, Location of violation, 10701 S. Ocean Drive, Lot. 632, Jensen Beach, Property
Owners Annie M. & Frank Katz, 2460 Canadian Way, Apt. 30, Bldg. 17, Clearwater, Fl., 33743. Frank Katz was
represented by William Lembach, 10701 S. Ocean Dr., Jensen Beach, was sworn in by Ms. Walls.
Mr. Lembach said they had a contract with an Engineering firm to repair ten of the damaged seawalls and permits
were required from several agencies before work could commence. He believed the work could be completed by
September if the permits were in hand. A copy of the Engineering contract was displayed. The time needed for
receiving permits from all of the agencies was discussed.
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Ms. Monahan made a motion in reference to Case #57350 that the Code Enforcement Board make the
following determination: After hearing the facts in this case, the testimony, and the recommendations of
staff with regard to the existence of a violation that we determine the violation in fact did occur and the
alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of
Enforcement is not complied with by January 10, 2009 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 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. Hofmann seconded and the motion carried unanimously.
Companion Case, #57351, Location of violation, 10701 S. Ocean Drive, Lot. 669, Jensen Beach, Property
Owners Christine & Richard Reff, 9287 Point Charity, Sand Point, MI 487855. Richard Reff was sworn in by Ms.
Walls.
Mr. Reff agreed with the testimony of Mr. Lembach.
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Ms. Monahan made a motion in reference to Case #57351 that the Code Enforcement Board make the
following determination: After hearing the facts in this case, the testimony, and the recommendations of
staff with regard to the existence of a violation that we determine the violation in fact did occur and the
alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of
Enforcement is not complied with by January 10, 2009 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 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. Hofmann seconded and the motion carried unanimously.
Mr. Reff thanked the Board for their common sense ruling and discussed the 30 days notice to correct the
violation. He thought that a process should be in place pertaining to replacement and repair of the seawall. He
commented on trying to repair it with grout, and was advised this hearing was the only way the violation could be
corrected. Dr. Ingersoll understood his dilemma but advised that seawalls are controlled by State Agencies and
are subject to Engineering standards, however Mr. Reff’s comments and questions were valid.
Case #56509, Location of violation, 681 Hidden River Drive, Port St. Lucie, Fl, Property owner, Destin Beach,
Inc., Lloyd Bell, President, Destin Beach, S/A, was sworn in by Ms. Walls.
Ms. Brubaker provided three photos dated 3/18/08 to 5/6/08. During her first inspection on 1/3/08 she found the
property to be in violation of Section 13.00.01, Article 302.1, remove mold/mildew from the home; and Article
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CODE ENFORCEMENT BOARD May 7, 2008
303.7, roofs and drainage, repair the damaged roof. A compliance date of 4/2/08 was issued. Ms. Brubaker has
contacted Mr. Bell and discussed ways to come into compliance. As of 5/7/07 the property is still in violation.
Mr. Bell agreed that he was still in violation of Article 303.7 and requested more time to bring the roof into
compliance. He purchased shake shingles, had a permit from the City of Port St. Lucie, he came to the County
for a permit, they told him he needed certified shake shingles and two licensed roofer bids before they would
issue a permit.
Dr. Ingersoll explained the State Statute Building Code requirement for Product Approval on roofing materials.
Mr. Lestrange added that Engineering could provide certification with an attachment and detailed drawing.
Discussion ensued. Mr. Bell was advised to meet with Mr. Lestrange to work out what had to be done. A ninety
day extension was granted for product approval and the roof to be completed and inspected.
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Mr. Hofmann made a motion in reference to Case #56509 that the Code Enforcement Board make 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 August 1, 2008 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 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. Williford seconded and the motion carried unanimously.
Companion Case, #57667 Location of violation, 681 Hidden River Drive, Port St. Lucie, Fl, Property owner, Destin
Beach, Inc., Lloyd Bell, President, Destin Beach, S/A, was previously sworn in by Ms. Walls.
Ms. Brubaker provided five photos dated 3/18/08 to 5/6/08 and an aerial view taken by helicopter of the property.
During an inspection she found the property to be in violation of Sections 1-9-19, junk, trash, debris in back yard;
Section 1-9-32(D), Public Nuisance, clean unsanitary swimming pool; Section 8.00.05, Swimming Pools, replace
fence with permanent fence or screen enclosure around pool, and Section 13.09.00, exterior property
maintenance, Article 302.7, repair the fence. A compliance date of 4/2/08 was issued. Ms. Brubaker has
contacted Mr. Bell and discussed ways to come into compliance. As of 5/7/07 the property remains in violation.
Mr. Bell argued that the pool was not blue, it was green with algae to support fish life for research, and the pool
was now a fish pond. He discussed his plans to raise fish with Ms. Brubaker.
Dr. Ingersoll recalled an earlier case. Mr. Bunt advised the swimming pool was permitted for human swimming,
raising fish would be considered a borderline business not research, Mr. Bell would have to change the filtration of
the pool, and it is not allowed in this residential zoning district.
Mr. Bell said the fence was replaced, it has a lock and is secure and said he is working on picking up the junk.
Ms. Brubaker has not seen the corrections Mr. Bell has made to come into compliance. Ms. Monahan advised
Mr. Bell he has had over four years to do it, and the responsibility for maintenance is his as the property owner.
A neighbor, Wayne Arnold, 680 S.E. Hidden River Drive, was sworn in by Ms. Walls. Mr. Arnold said he has been
calling the Code Board over the past three years, that Mr. Bell said fixing it up was not a top priority. He
commented further on Mr. Bell’s testimony regarding the shingles for the roof.
Fernando Disisto, 5514 Place Lake Drive, Fort Pierce, was sworn in by Ms. Walls. He commented on raising Koi
fish.
Mr. Bell responded to Mr. Arnold’s comments and discussed the shake roofing shingles. Mr. Bell was advised to
clean up the property.
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Mr. Hofmann made a motion in reference to Case #57667 that the Code Enforcement Board make 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 June 15, 2008 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 Wednesday of the month after the date given for compliance, at 9:00 am
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CODE ENFORCEMENT BOARD May 7, 2008
or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given
compliance date.
** Ms. Monahan seconded and the motion carried unanimously.
Dr. Ingersoll asked Ms. Mackenzie-Smith if she would take a motion to the Board of County Commissioners to
look into swimming pools being converted into fish ponds, as this is the second case brought before this Board. It
would be helpful to clarify that swimming pools are for human habitation only, so this can be settled. Ms.
Mackenzie-Smith agreed to do so.
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Case #56941, Location of violation, 406 N. 40 St., Fort Pierce, Property Owners, Betty M. & Howard Lurry, Jr.,
S/A. Howard Lurry, Sr., was sworn in by Ms. Walls.
Mr. Fowler provided eight photos dated 2/25/08 through 5/6/08. During his first inspection on 2/25/08 he found
the property in violation of Section 1-9-32(D), excessive overgrowth and Section 1-9-19, outside storage of items,
broken materials, appliances, etc. He has spoken to Mr. Lurry, Jr. and discussed ways to correct the violation.
The property has been inspected three times and remains in violation.
Mr. Lurry agreed he was in violation. He has cut the grass, and cleaned up the property and asked for additional
time. Dr. Ingersoll addressed the washing machine and dryer that were hooked up electrically outside and if it
was approved. Mr. Lurry said that’s where he does his laundry. Dr. Ingersoll noted that would create an
additional violation if not corrected to the acceptable County Code.
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Ms. Monahan made a motion in reference to Case #56941 that the Code Enforcement Board make 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 June 15, 2008 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 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. Hofmann seconded and the motion carried unanimously.
Case #57494, Location of violation,2609 Gray Twig Lan., Fort Pierce, Property Owner, Cheryl Austin, S/A was not
present. Mr. Fowler noted the violation was a “To Have Been.”
Case #57697, Location of violation, 6630 S. US #1, Fort Pierce, Fl. Property Owners, Albert A. Nemeth, and Carl
Kennaugh, 425 NW Canterbury Court, Port St. Lucie, Fl. Mr. Kennaugh and Tammy McHale, NE Avery Court,
Jensen Beach were sworn in by Ms. Walls.
Mr. Fowler submitted photos dated 3/15/08 through 4/28/08. During his first inspection on 3/15/08 he found the
above property, The St. Lucie Draft House in violation of Section 1-13-8-1, Noise Control. A public event on
3/15/08 with a live band in the parking lot exceeded the County’s noise control ordinance above the 65dB
permitted. He met with the owner to discuss the violation, and the property has been inspected two times. This
citation will be a “To Have Been” to discourage future violations.
Dr. Ingersoll discussed the certification and calibration of the meter readings. Mr. Kennaugh/Ms. McHale agreed
the violation occurred on that day and they were no longer in violation. Dr. Ingersoll advised there was no fine
levied today, but if they violate the noise ordinance in the future, they will be fined $500 for a repeat violation.
Mr. Bunt provided a history of the complaints received, that Code Enforcement was unable to cite them after the
fact when complaints came in after the party was held, usually on the weekend, and they had been warned up
front. Dr. Ingersoll advised they can speak to Mr. Bunt for information on future parties to apply for an exemption.
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Ms. Monahan made a motion in reference to Case #57697 that the Code Enforcement Board make 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 we determine the violation in fact did occur and the
alleged violator committed the violation. An Order of Enforcement is warranted. The violator is hereby
ordered to refrain from future violations. Failure to keep the property in compliance may result in
enforcement action as a repeat violation, in which case of future violations a fine of up to $500 per day for
a repeat violation may be imposed from the date of notice to the violator of the repeat violation.
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CODE ENFORCEMENT BOARD May 7, 2008
** Mr. Hofmann seconded and the motion carried unanimously.
Case #54640, Location of violation, 7457 Commercial Circle, Fort Pierce, Property Owner(s) Fernando & Marie
Disisto, 5514 Place Lake Dr., Fort Pierce. Mr. Fernando Disisto was sworn in by Ms. Walls.
Mr. Brome provided four photos dated 8/22/07 through 5/6/08. During his first inspection on 9/27/08 he found the
property in violation of 11.05.01 Building and Sign Permits, obtain permit for the mezzanine and corner offices,
storage area to include stairs, electric, etc. Mr. Brome has had contact with the property owner and discussed
ways to correct the violation. It’s been over eight months and no permit has been applied for, and Mr. Disisto
has asked for more time.
Mr. Disisto agreed he was in violation, he is not a builder, he said he manufactures doors. The Board reviewed
the photos and discussed whether it was built to Code. Mr. Disisto said he was working on it with an Engineer,
was going to get a permit and asked for three months.
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Ms. Monahan made a motion in reference to Case #54640 that the Code Enforcement Board make 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 September 1, 2008 a fine of up to $250.00 per day may be imposed.
st
Please take notice that on the 1 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. Hofmann seconded and the motion carried unanimously.
The Hall was sounded and Ms. Monahan read the names and numbers of the cases of those not present
into the record:
Case No. Location of Violation Property Owner/Contractor Violator
57019 2719 Seneca Ave., Fort Pierce Wells Fargo Bank NA, 6501 Irvine Center Dr.
Irvine, CA 92618
56345 333 SE Veranda Ave., Port St. Lucie Craig McNally & Karen Williamson, 706 Sloop Ct.
Newark, DE 19702
th
56756 4695 S. 25 St., Fort Pierce Larry P. Viens, PO Box 7359, Jupiter, Fl
th
56784 4611 Jorgensen Rd., Fort Pierce Javier Esparza, 2606 S. 16 St., Fort Pierce
57494 2609 Gray Twig Ln., Fort Pierce Cheryl Austin
55411 2603 Rolyat St., Fort Pierce Michael D. Sesco
55537 8282 Spicebush Ter., Port St. Lucie Joan & Robin Treston
56553 331 Borraclough St., Fort Pierce John Gambrell
56428 80 Aqua RA, Jensen Beach John P. Lalley, 6619 Ft. Pierce Blvd., Ft. Pierce
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Mr. Williford made a motion in reference to the cases read into the record that the Code Enforcement
Board enter an Order of Finding against these violators finding the violators in default and if they do not
appear to contest the violations against them and that the Board adopt the recommendation of staff as
set forth on the agenda.
** Mr. Hoffman seconded and the motion carried unanimously.
H. FINE HEARING:
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CODE ENFORCEMENT BOARD May 7, 2008
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Case #51514, Location of Violation, 2505 N. 43 St., Fort Pierce, Property Owners Gwendolyn W. & Thomas L.
Sands, S/A. No one was present to represent the property owners.
Mr. Brome provided one photo dated 2/26/07. This case was brought before the October, 2007 Code
Enforcement Board and found in violation of Section 11.05.01, obtain permit and final inspection for the newly
installed window. A compliance date of 4/30/08 was issued. As of 5/7/08 the property is still in violation.
??
Mr. Hoffman made a motion in reference to Case #51514 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, and the report of staff that the
violation still exists, and after considering the gravity of the violation, the actions if any taken by the
violator to correct the violation and any previous violation, we make the following determination: A fine of
$50.00 per day shall be imposed for each day the violation exists, starting May 1, 2008 with the maximum
fine not to exceed $500.00.
** Ms. Monahan seconded and the motion carried unanimously.
Case #54376, Location of violation, 5511 DeLeon, Fort Pierce, Fl., Property Owner, Pablo Bregolat, S/A.
No one was present to represent the property owner.
Mr. Brome provided photos dated 8/9/08. This case was brought before the March, 2008 Code Enforcement
Board, and the property was found in violation of Section 11.05.01, obtain a renovation permit. A compliance date
of 4/4/08 was issued. As of 5/7/08 the property remains in violation.
??
Ms. Monahan made a motion in reference to Case #54376 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, 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 violation, we make the following determination: A fine of $250.00
per day shall be imposed for each day the violation exists, starting April 5, 2008, with the maximum fine
not to exceed $10,000.00. A cost of $125.00 shall be imposed as the cost of prosecuting this case.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #56027, Location of violation, Lot next to Evergreen Ave., Fort Pierce, Fl., Property Owner, Henry V. and
Carlo M. Colombi, 5301 Oak Circle Drive, #3, Boca Raton, Fl, 33431. No one was present to represent the
property owners.
Mr. Peterson displayed two photos dated 11/21/07, 5/5/08. This case was brought before the March, 2008 Code
Enforcement Board and found in default in violation of Section 1-9-32(D) Public nuisance, excessive overgrowth.
A compliance date of 4/4/08 was issued. As of May 6, 2008 the property is still in violation. Mr. Bunt noted the
owner needs to be cited repeatedly to cut the grass on the lot.
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Mr. Hofmann made a motion in reference to Case #56027 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, 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 violation, we make the following determination: A fine of $100.00
per day shall be imposed for each day the violation exists, starting April 5, 2008, with the maximum fine
not to exceed $10,000.00. A cost of $150.00 shall be imposed as the cost of prosecuting this case.
** Mr. Williford seconded. A voice vote was taken. Ms. Monahan-no; Mr. Hofmann-yes; Mr. Williford-yes; Dr.
Ingersoll-yes. The motion carried 3-1, Ms. Monahan opposed.
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Case #56293, Location of violation, Parcel behind 2275 N. 25 St., Fort Pierce Fl., Property Owner, Madhani &
Brown Investments, 1700 Douglas Rd., Miami, Fl 33025. No one was present to represent the property owners.
Mr. Peterson submitted two photos dated 12/11/07 & 5/6/08. This case was brought before the March, 2008 Code
Enforcement Board and found in default in violation of Section 1-9-32(D), Public Nuisance, overgrowth. A
compliance date of 4/4/08 was given. As of 5/6/08 the property is still in violation.
??
Mr. Hofmann made a motion in reference to Case #56293 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, 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
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CODE ENFORCEMENT BOARD May 7, 2008
to correct the violation and any previous violation, we make the following determination: A fine of $100.00
per day shall be imposed for each day the violation exists, starting April 5, 2008, with the maximum fine
not to exceed $10,000.00. A cost of $150.00 shall be imposed as the cost of prosecuting this case.
** Mr. Williford seconded and the motion carried 3-1. Ms. Monahan opposed.
Case #56427, Location of violation, 3408 Sloan Rd., Fort Pierce Fl., Property Owner, Johnnie L. Bennett, S/A. No
one was present to represent the property owner.
Mr. Fowler submitted six photos dated 12/20/07 through 5/6/08. This case was brought before the March, 2008
Code Enforcement Board and found in default in violation of Section 13.00.01, Article 103.5.1, Adopting standard
building code, Unsafe buildings, all openings need to be boarded up until house is repaired. A compliance date of
4/4/08 was issued. Mr. Fowler had no contact with the property owner. The Board discussed giving additional time
to the owner to board up the opening that remains.
* Ms. Monahan made a motion in reference to Case #56427 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, 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 violation, we make the following determination: A fine of $250.00
per day shall be imposed for each day the violation exists, starting May 21, 2008, with the maximum fine
not to exceed $10,000.00. A cost of $150.00 shall be imposed as the cost of prosecuting this case.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #54789, Location of violation, 6507 Student Way, Fort Pierce Fl., Property Owner, Deutsche Bank, NA (TR),
c/o Saxon Mortgage, Inc., 1270 Northland Drive, #200, Mendota Heights, MN 55126. No one was present to
represent the property owner.
Mr. Counselor submitted five photos dated 3/3/07 through 5/4/08. This case was brought before the March, 2008
Code Enforcement Board and found in default in violation of Section 13.09.00, Article 302.7, Exterior property
maintenance Code, Accessory Structures: the fence needs to be repaired or removed. A compliance date of
4/4/08 was issued. Mr. Counselor had no contact with the property owner.
* Ms. Monahan made a motion in reference to Case #54789 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, 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 violation, we make the following determination: A fine of $250.00
per day shall be imposed for each day the violation exists, starting April 5, 2008, with the maximum fine
not to exceed $10,000.00. A cost of $150.00 shall be imposed as the cost of prosecuting this case.
** Mr. Hofmann seconded and the motion carried unanimously.
J. FINE REDUCTION HEARING: None.
K. REHEARING OR RECONSIDERATION HEARING: - None
L. OTHER BUSINESS:
Dr. Ingersoll commented on the large number of foreclosure properties in the County, and recommended to the
Board of County Commissioners that they might offer incentives to the real estate board that it’s a good idea to
buy these properties with liens, that if the properties are purchased and cleaned up, the $10,000 liens on the
foreclosed properties will be forgiven. This would get the mega-fines off the County’s record. If they are not sold,
the Banks are writing them off at full value, and more Code violations can occur on the vacant properties. The
BCC has the authority to go through the lien and foreclosure file to provide incentives for real estate agents.
Today the fines being collected amount to only 10% to 20%.
M. STAFF BUSINESS: None
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CODE ENFORCEMENT BOARD May 7, 2008
N. PUBLIC COMMENTS: None
ADJOURN:
There was no further business and the meeting was adjourned at 10:57 a.m.
_____________________________ ______________________
Dr. Dale Ingersoll, Chairman Date
_____________________________ _______________________
Mary F. Holleran, Specialist Consultant Date
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