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HomeMy WebLinkAboutMinutes 10-01-2008 MINUTES OF THE ST. LUCIE COUNTY CODE ENFORCEMENT BOARD HEARING October 1, 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 Phillip Stickles William Oquendo Ralph Fogg Margaret Monahan Mitchell Williford Board Attorney.................................................................................................................Jack Krieger ABSENT: None 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................................................................................................Melissa Brubaker Code Enforcement Officer................................................................................................Carl Brome Code Enforcement Officer................................................................................................Lynn Swartzel Code Enforcement Officer................................................................................................Mark Fowler Zoning Compliance Officer...............................................................................................Danielle Smith 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 9:06 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. Ms. Monahan arrived after roll call. APPROVAL OF MINUTES – September 3, 2008 D. ? Mr. Stickles made a motion to accept the minutes of September 3, 2008. ** Mr. Hofmann seconded and the motion carried unanimously. E. SWEARING IN OF STAFF MEMBERS Chris Lestrange, Dennis Bunt, Swendy Ariyanayagam, Carl Brome, Mark Fowler, Monica Barrios, Melissa Brubaker, Lynn Swartzel, and Danielle Smith were sworn in. F. CONSENT AGENDA No items were pulled for discussion. Dr. Ingersoll noted a correction to two case numbers: CODE ENFORCEMENT BOARD October 1, 2008 Satisfaction of Lien Case No. Dorotilla Rattray (Corrected #) 34572 Handy L. Fleming & Jeanette Burkes 37835 Recind of Finding of Facts Case No. Allen & Michele L. Heady (Corrected #) 56129 Alourdes Doucet 59368 Amended Order Imposing Fine/Lien Case No. John and Staci Dunn 55480 ? Mr. Stickles made a motion to approve and accept the cases on the Consent Agenda as presented and amended. ** Mr. Hofmann seconded and the motion carried unanimously. G. VIOLATION HEARING: The following cases were removed, withdrawn or abated from the agenda: Case No. Location of Violation Owner/Violator/Name____________ 59529 192 Lucero Dr., Port St. Lucie George Chazulle, Sr., George Chazulle, Jr. 59738 168 SE Selva Ct., Port St. Lucie Wells Fargo Bank, NA (TR) 59532 103 El Sito Ct., Port St. Lucie Ysidro G. Guzman th 59891 2210 S. 40 St., Fort Pierce Melvin T. & Lucy A. Folbrecht 59905 932 Wagner Pl., Fort Pierce Lanell A. Crawford 57478 7806 Ft. Walton Rd., Fort Pierce Richard T., Jr., & Teresa D. Richardson 57410 7806 Ft. Walton Rd., Fort Pierce Richard T., Jr., & Teresa D. Richardson 59749 5510 Shannon Dr., Fort Pierce Enilda Dana 56080 5302 Bowling Green Dr., Ft. Pierce Michael Owens 45357 3713 Spatterdock Ln., Port St. Lucie JM Development Group, Inc., Jorge A. Roger 56578 161 Banyan Dr., Port St. Lucie August Carreiro 58654 7005 Cabana Ln. Fort Pierce Edwin K. Cannon 54696 3241 S. U.S. Highway #1, Fort Pierce Lamar Advertising Co. VIOLATION CASES HEARD: Case #58906, Location of violation, 164 Solida Ave., Port St. Lucie, Fl. Property owner, Thomas W. Castle, Jr. Shawn Castle, Jr., S/A. Mr. Castle was sworn in by Ms. Smith. Ms. Brubaker provided three photos dated 6/9/08 through 9/30/08. During an inspection the property was found in violation of Section 1-9-19, unserviceable vehicle. A compliance date of 6/26/08 was issued. She has had contact with the property owner and discussed the violation. As of 9/30/08 the property is still in violation. Mr. Castle said he was in violation. He explained that due to a death in the family, the car was transferred, there was no will and the attorney in Miami has the keys. He confirmed he was guardian, the title of the car, formerly in the name of his deceased father was discussed. Mr. Kreiger advised that as a principal representative of the estate, Mr. Castle was custodian of the property. While he may not dispose of it, he should have the authority to move the car, to be in compliance with the law. Dr. Ingersoll clarified they would give an another 30-60 days, and within that time to present the papers to Ms. Smith, and if there is an action before the Court, then nothing can be done at that point, and to bring that Court Order to the County. Mr. Castle was advised to clear this up with the attorney and contact Ms. Brubaker. * Mr. Fogg made a motion in reference to Case #58906 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 February 2, st 2009 a fine of up to $250.00 per day may be imposed. 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. Page 2 of 8 CODE ENFORCEMENT BOARD October 1, 2008 Case #59489, Location of violation, 172 Solida Dr., Port St. Lucie, Fl. Property Owner,Robert N. Conway, III, S/A. Mr. Conway was sworn in by Ms. Smith. Ms. Brubaker provided five photos dated 7/3/08 through 9/29/08. During a first inspection on 7/3/08 the property was found in violation of Section 1-9-19, abandoned property, outside storage of concrete equipment, metal, plastics and other materials and Section 3.01.3(J), Residential Single Family zoning, cease running a construction business which is not allowed in this zoning. A compliance date of 7/25/08 was issued. She has spoken with the owner and discussed ways to correct the violation. Mr. Conway owns the property next door and the equipment can not be moved to that property. As of 9/30/08 the property remains in violation. Mr. Conway agreed he was in violation, that he needed time to get all the materials moved. He has been trying to sell the materials, and with the economy doing badly, he has been unable to sell it. Dr. Ingersoll noted he has been doing business illegally in the residential zoning district. While the Board was sympathetic, they would give him more time to sell the equipment, as it is not earning money sitting there. Ms. Monahan suggested he speak to Ms. Brubaker, work with staff and to come into compliance. * Ms. Monahan made a motion in reference to Case #59489 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 February 2, st 2009 a fine of up to $250.00 per day may be imposed. 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 #59842, location of violation, 9555 Orange Ave., Ft. Pierce,Fl. property owner, Sharon L. S wartzel, S/A. Dr. Ingersoll advised this case was a “To Have Been.” Case #58839, Location of violation, 5608 Killarney Ave., Fort Pierce, Fl., property owner, Willie D. Smith, Viirgil A. Williams, 3976 King Place, Vero Beach, Fl. Representing the property owner, Ms. Willie D. Smith, adrress 3951 Kennedy Court, Vero Beach, Fl. was sworn in by Danielle Smith. She explained the reason for the different address was that she moved. Mr. Counselor provided five photos, dated 9/19/08 and 9/29/08. During his first inspection on 5/30/08 he found the property to be in violation of Section 1-9-32(D) public nuisance, cut and remove dead trees. A compliance date of 6/16/08 was issued. He has not had contact with the property owners. As of 10/1/08 the property remains in violation. They own two lots adjoining the property, and the same violation exists, the trees are in danger of falling. The next case is a companion case and read into the record. Ms. Smith said she was in violation, that Virgil is a lawn surgeon, and he said he would cut the trees down. She asked for 45 days. ? Mr. Fogg made a motion in reference to Case #58839 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 December st 2, 2008 a fine of up to $250.00 per day may be imposed. 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 #58840, (Companion Case) Location of violation, 5610 Killarney Ave., Fort Pierce, Fl., property owner, Willie D. Smith, Virgil A. Williams, 3976 King Place, Vero Beach, Fl. Representing the property owners, Ms. Willie D. Smith, address 3951 Kennedy Court, Vero Beach, Fl. was sworn in by Danielle. Smith. She explained the reason for the different address was that she moved. Mr. Counselor provided five photos, dated 9/19/08 and 9/29/08. During his first inspection on 5/30/08 he found the property to be in violation of Section 1-9-32(D) public nuisance, cut and remove dead t rees. A compliance date of 6/16/08 was issued. He has not had contact with the property owners. As of 10/1/08 the property remains in violation. They own two lots adjoining the property, and the same violation exists, the trees are in danger of falling. Ms. Smith said she was in violation, that Virgil is a lawn surgeon, and said he would cut the trees down. She asked for 45 days. Page 3 of 8 CODE ENFORCEMENT BOARD October 1, 2008 ? Mr. Fogg made a motion in reference to Case #58840 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 December st 2, 2008 a fine of up to $250.00 per day may be imposed. 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 #56637, Location of violation, 7507 Lakeside Way, Fort Pierce, Fl., Property Owner, Dianne & Larry Estabrook, S/A. Mr. Larry Estabrook was sworn in by Ms. Smith. Mr. Brome provided three photos dated 11/30/07 through 9/30/08. During an inspection on 1/8/08 he found the property to be in violation of Section 11.05.01, Permit, please obtain a permit for the pool and pool deck. A compliance date of 2/18/08 was issued. Staff has had no contact with the owner. The property has been in violation for seven months and a permit has not been applied for. Mr. Estabrook said he was in violation. He applied for a fence permit, and was told he did not need a permit for an above ground pool. His pool has been in for three years. He now needs a permit for the above ground pool, and must get an engineer and drawing, costing over $1,500. Dr. Ingersoll advised if he were to sell the property, he would have to disclose an unpermitted pool on the property. A time frame was discussed for him to come into compliance. ? Mr. Fogg made a motion in reference to Case #56637 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 1, st 2009 a fine of up to $250.00 per day may be imposed. 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 #55469, Location of violation, 4287 N. US #1, Ft. Pierce, Fl. Property Owner, Military & LC WWR Associates, LLC, 5801 Congress Ave., Boca Raton, Fl. Representing the property owner, Valerie Moser, 4025 N. US #1, Fort Pierce, Fl., was sworn in by Ms. Smith. Mr. Brome provided two photos dated 10/10/07. During an inspection on 10/10/07 the above property was found in violation of Section 11.05.01, Permit, please obtain a permit for the mobile home. A compliance date of 11/14/07 was issued. Staff has had contact with the management of the mobile home park and discussed ways to correct the violation. A valid permit has not been activated and the property remains in violation. Ms. Moser said she manages the mobile home park. They are in violation, and they have had issues with the contractor, units have been brought in, and failed inspection. They just changed contractors to have all of the units permitted and pass inspection. Discussion ensued on how long it would take to correct the violation ? Ms. Monahan made a motion in reference to Case #55469 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 December st 1, 2008 a fine of up to $250.00 per day may be imposed. 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. Ms. Ariyanayagam noted that the issues were between the contractor and the mobile home park. Case #58392 Location of violation, 7457 Commercial Circle, Fort Pierce, Property Owner, Fernando & Maria DiSisto, 5513 Place Lake Dr.,Ft. Pierce, Fl. Jeff Carlson, attorney representing the property owners, and Jose Vasques, 4834 S. U.S. #1, Fort Pierce, Engineer for the project, was sworn in by Ms. Smith. Mr. Brome provided three photos dated 4/21/08. During an inspection on 4/21/08 the property was found in violation of Section 11.05.01, Building Permit, obtain a permit for the modular unit/office. A compliance date of 5/28/08 was issued. Mr. Brome has had contact with the property owner and discussed ways to correct the violation. It has been over four months, a permit has not been applied for, and the property remains in violation. Page 4 of 8 CODE ENFORCEMENT BOARD October 1, 2008 Mr. Carlson agreed the client was in violation. Mr. Vasquez explained this was a 3 phase development, the modular unit changes were made during phase 2, and have to be submitted with a site plan revision for the permit to be issued. They asked for time to get through the revisions. Dr. Ingersoll noted that this project would require revisions and he understood the need for more time. ? Ms. Monahan made a motion in reference to Case #58392 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 February 2, st 2009 a fine of up to $250.00 per day may be imposed. 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 Mr. Stickles read the names and numbers of the cases of those not present into the record: Case No. Location of Violation Property Owner/Contractor Violator 59651 776 Prima Vista Blvd., Port St. Lucie Beverly M. Mashburn 59738 168 SE Selva Court, Port St. Lucie Wells Fargo Bank, NA (TR) 59842 9555 Orange Ave., Fort Pierce Sharon L. Swartzel 59766 3415 Sloan Rd., Fort Pierce Donald Merrick 59762 3501 Ave. F., Fort Pierce Jeannette Edmond 59828 3120 Sunrise Blvd., Fort Pierce Robert C.& Bonnie S. Myers 59336 3474 Southern Pines Dr., Fort Pierce Dvora Perelumter th 59382 Prop. Next to 1804 N. 35 St., Ft. Pierce Dale Holness 59379 Prop. Next to 3407 Ave. R., Ft. Pierce Dale Holness 59628 2200 San Diego Ave., Ft. Pierce Michael Cunningham 59668 3117 W. Dixie Blvd., Ft. Pierce Wells Fargo Bank, NA (TR) 59748 7508 Winter Gd., Pkwy., Ft. Pierce Caroline Franklin, Morgan Breeden 59797 5503 Shannon Dr., Ft. Pierce LaSalle Bank NA (TR) 59807 5205 Ft. Pierce Blvd., Ft. Pierce Richard Phillips 55776 120 Imperial Way, Ft. Pierce Mamie C. Driggers, Judy Clemons 57960 774 SE Sandia Dr., Port St. Lucie Kenneth G. Crossland 57429 5207 Amy Lane, Ft. Pierce Kenneth L. & Lynn M. Davy 58558 2789 Devine Rd., Ft. Pierce Elizabeth A. Quinto 58619 2673 N. US Highwy. #1, Ft. Pierce Fine Realty Corp. ? Mr. Hofmann 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. Hofmann seconded and the motion carried unanimously. H. FINE HEARING: *** Mr. Stickles recused himself from this case. Case #57578, Location of Violation, Parcel west of 900 Rock Rd., Fort Pierce, Fl., Property Owner, ***(Correction to name: th ONE Plan B, LLC), 8455 Orange Ave., Fort Pierce. Dennis Murphy, Eng., 2980 S. 25 St., Fort Pierce, Mr. Jose Alanis, 8400 Orange Ave., Fort Pierce, were sworn in by Ms. Smith. Mr. Fowler provided four photos dated 3/11/08 through 9/30/08 . This case was brought before the July, 2008 Code Enforcement Board and found in violation of Section (s) 1-9-19, Abandoned property, outside storage of items and materials, Sec. 3.01.03(S), Commercial General, unlicensed business is generating noise, dust and a detriment to the residential area, Sec. 8.00.01, Accessory Uses and structures, all storage containers, PODs, trucks, equipment, etc., are not permitted without a permanent office building on the parcel, and Sec., 8.00.02, Temporary uses and structures, metal storage containers are not allowed permanently. They were given until August 8, 2008 to come into compliance. As of 9/30/08 the property is in compliance. Mr. Murphy said they have been working with them trying to solve the violation. They have submitted all the information to obtain the permits except for one issue, that of having to pave the entire surface of the property, in which their opinion differs. They believe they are Code compliant. Page 5 of 8 CODE ENFORCEMENT BOARD October 1, 2008 Dr. Ingersoll said before a permit can be issued for the modular, they need site plan approval, and have been found in violation. Mr. Murphy agreed and said they have already been before the Board and asked for more time to correct it. The issue today is the fine, and when it kicks in. The issue with the paving changes the whole thing. Discussion ensued on the dust, noise and detriment to the neighbors and if all the violations would be satisfied. Mr. Bunt explained the work would be inside once they get a permit and come into compliance. Paving and parking will remove the dust, the noise is allowed in a commercial area, at present they are unlicensed. Mr. Murphy said they are working to solve the code violations, they would hope to get a permit within 60 days and will know if it’s OK to go ahead, and need to resolve the paving issues and financial ramifications. Dr. Ingersoll recommended giving them more time, there are bigger issues than a permit and 60 days, this is a employer for St. Lucie County with the potential for 125 jobs. * Ms. Monahan made a motion in reference to Case #57578 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 $250.00 per day shall be imposed for each day the violation exists, starting June 1, 2009, with the maximum fine not to exceed $10,000.00. A cost of $175.00 shall be imposed as the cost of prosecuting this case. ** Mr. Hofmann seconded and the motion carried 6-0-1. Mr. Stickles did not vote. *** Mr. Stickles recused himself from this case. Case #58852, Location of violation, 3024 W. Dixie Blvd., Fort Pierce, Fl. Property Owner Rufus M. Rolle, S/A. No one was present to represent the property owner. Ms. Swartzel provided five photos dated 5/30/08 through 9/30/08. This case was brought before the July, 2008 Code Enforcement Board, and found in violation of Section 13.00.01, Article 103.5.1, Unsafe structure, remove plywood from windows and doors, existing use is unsafe and is a fire hazard, dangerous to life. A compliance date of 8/8/08 was issued. She has had contact from the property owner, he wrote a letter he was not going to fix the property, and threatened staff from going onto the property. As of 10/1/08 the property remains in violation. ? Ms. Monahan made a motion in reference to Case #58852 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 $250.00 per day shall be imposed for each day the violation exists, starting August 9, 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 6-0-1. Mr. Stickles did not vote. Case #56777, Location of violation, 2501 Center Road,Fort Pierce, Fl., Property Owner, Lloyd and Ann Bell, #1 & #2 Ida Belle Island, Fort Pierce, Fl. No one was present to represent the property owners. Ms. Swartzel displayed five photos dated 4/1/08 through 9/2/08. This case was brought before the April, 2008 Code Enforcement Board and found in violation of Section(s) 1-9-19, Abandoned property, unserviceable vehicles, 1-9-32(D) Public Nuisance, excessive overgrowth, and 8.02.00, temporary uses and structures, semi-trailers being used for storage are prohibited. A compliance date of 9/1/08 was issued. As of 9/30/08 the property remains in violation. Ms. Swartzel has not spoken to Mr. Bell, and staff can not trespass on the property. Mr. Bunt indicated this case was related to the next case. Mr. Bunt said there was an individual who came in representing himself as a manager of the property and said they were cleaning it up, but staff has driven by and it doesn’t appear as though any progress has been made or anything removed from the property. The property is not Homesteaded. ? Mr. Hofmann made a motion in reference to Case #56777 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 $250.00 per day shall be imposed for each day the violation exists, starting September 1, 2008, with the maximum fine not to exceed $10,000.00. A cost of $450.00 shall be imposed as the cost of prosecuting this case. Page 6 of 8 CODE ENFORCEMENT BOARD October 1, 2008 ** Mr. Fogg seconded and the motion carried 6-0-1. Mr. Stickles did not vote. Case #56509, Location of Violation, 681Hidden River Drive, Port St. Lucie, Fl., Property Owner, Destin Beach Inc., S/A. No one was present to represent the property owner. *** Mr. Stickles recused himself from this case. Ms. Brubaker provided three photos dated 3/18/08 through 9/30/08. This case was brought before the Code Enforcement Board and found in violation of Section 13.00.01, Adopting standard building code, Article 303.7, repair damaged roof. A compliance date of 8/8/08 was issued. Ms. Brubaker has spoken to the owner, met him on the property and discussed ways to correct the violation. As of 9/30/08 the property remains in violation. Neighbors are present to speak on this case. Dr. Ingersoll confirmed the swimming pool was not in violation. Ms. Brubaker said it was empty, they got a fine in July and put a lien on the property for $10,000.00. The property is not Homesteaded. The pool and the yard were cleaned, and fence fixed after the date of compliance. Public Comments: Wayne Arnold, 680 S.E. Hidden River Drive, Port St. Lucie, Fl., is a neighbor who wanted to have the $250 per day fines raised to $50,000.00. Dr. Ingersoll explained why the Board could not change the maximum amount of $10,000.00; that a property owner can be re-cited and brought back as a repeat violation. Mr. Arnold commented on their property values going down because of nothing being done. That Mr. Bell can well afford to come into compliance and repair the house, as it continues to becomes a fire hazard with mold, etc. Dr. Ingersoll clarified the fine issue, that they can issue a letter to the BCC for condemnation, if it exists. Ms. Brubaker said they have never been inside the house. Mr. Arnold believed it is an unsafe structure, that “it is a tear down.” Dr. Ingersoll said this Board can issue a letter of condemnation to the BCC, the property is not Homesteaded, and the Board can consider a fine up to $10,000 beginning August 2, 2008. Mr. Bunt did not believe the house could meet the 50% damage and will check it out. Ms. Mackenzie-Smith agreed and will notify the BCC. Mr. Kreiger said if it’s the pleasure of the Board page 18 would be a notification. ? Ms. Monahan made a motion in reference to Case #56509 that the Code Enforcement Board make the following determination: After hearing the facts in the case, the testimony and the report of staff with regards to the existence of a 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 August 2, 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 6-0-1. Mr. Stickles did not vote. * Ms. Monahan said, “I also hereby move in reference to Case #56509 that the Code Enforcement Board make the following determination: After hearing the facts in the case, the testimony and the recommendation of staff with regards to the existence of a violation, we determine the condition caused the violation and presents a serious threat to the public health, safety and welfare and staff is directed to notify the St. Lucie County Board of Commissioners of the condition.” ** Mr. Hofmann seconded and the motion carried 6-0-1. Mr. Stickles did not vote. I. FINE REDUCTION HEARING: None. J. REHEARING OR RECONSIDERATION HEARING: - None K. OTHER BUSINESS: Mr. Stickles commented on unlicensed businesses and the conflict with the Board’s original policy to issue Stop Orders and the need to stick to it, regardless of the circumstances. Mr. Bunt said they were working on citations, issuing those instead of a Notice of Violation and giving those citations to unlicensed businesses. He further explained a Notice of Warning will be given, and then a written citation. Mr. Stickles said his comment was for future Board members to understand that issue. Dr. Ingersoll explained his position on the citation process, the potential for new businesses spending thousands of dollars in St. Lucie County to employ over 100 people and the process of locking them into a Code Enforcement Violation should not be looked at in black in white. Dr. Ingersoll commented on the Board’s terms expiring, and new Board members being appointed after the November election. Discussion ensued. PUBLIC COMMENT: Janice Ansbach, (sp) TV News WPBT/25 commented on foreclosures in the County, holding banks accountable for the properties and how HUD funding is offering $13.5 million to the City of Port St. Lucie for Code Page 7 of 8 CODE ENFORCEMENT BOARD October 1, 2008 Enforcement abatement. She encouraged the Board and the County staff to look into these funds. Dr. Ingersoll pressed Ms. Ansback on how the Board could change the due process in order to accommodate and hold the banks more accountable. She explained the court procedure after properties are foreclosed and the taxpayer getting hit. Dr. Ingersoll agreed, that three cases were on today’s agenda, and were recinded; that the issue of law needed to be changed. Further discussion ensued on fines on the property, that foreclosure wipes it out; if the County could allow the buyer of a foreclosed property, and repair it and fix it within three or six months, we will give you back the $10,000 fine we collect. Ms. Ansback did not agree because of the economy, and today’s real estate market. She pointed to the current funding available under HUD so that code enforcement versus $10,000 fines going nowhere, get violations abated and corrected. Local contractors would get work, it would be paid for with the grants, and the neighborhoods would be cleaned up and out of blight. The funding site is: HUD.com, the grant application is available to cities hard hit foreclosures, and you have to show the percentage versus the population and the County could meet that criteria. Port St. Lucie got the largest amount from them, $13.5 million. Ms. MacKenzie-Smith said they would act on it. Thomas Castle, 164 Solida Dr., Port St. Lucie, commented on drainage being blocked on the County side of the road because of trees falling. Mr. Bunt will provide the information to Roads and Bridges. ADJOURN: There was no further business and the meeting was adjourned at 11:15 a.m. _____________________________ Date ____________________ Dr. Dale Ingersoll, Chairman _____________________________ Mary F. Holleran, Specialist Consultant Date____________________ Page 8 of 8