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Home My WebLink AboutMinutes 03-04-2009 MINUTES OF THE ST. LUCIE COUNTY CODE ENFORCEMENT BOARD HEARING March 4, 2009 - 9:00 am HELD IN THE COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA PRESENT Chairman..................................................................................................................Dr. Dale Ingersoll Vice Chairman ......................................................................................................Phillip Stickles Board Members ....................................................................................................Ray Hofmann .............................................................................................................................Margaret Monahan .............................................................................................................................Ralph Fogg .............................................................................................................................William Oquendo Mitchell Williford Board Attorney .....................................................................................................Jack Krieger ABSENT STAFF PRESENT Assistant County Attorney .....................................................................................Katherine Mackenzie-Smith Code Compliance Manager ..................................................................................Chris Lestrange Code Enforcement Supervisor ..............................................................................Dennis Bunt Contractor Licensing Supervisor ...........................................................................Swendy Ariyanayagam Code Enforcement Officer ....................................................................................Melissa Brubaker Code Enforcement Officer ....................................................................................Carl Brome Code Enforcement Officer ....................................................................................Chris Counselor Code Enforcement Officer ....................................................................................Mark Fowler Code Enforcement Officer ....................................................................................Lynn Swartzel Zoning Compliance Officer ...................................................................................Danielle Williams 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 9:04 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. D. APPROVAL OF MINUTES – February 4, 2009 ? Mr. Stickles made a motion to accept the minutes of February 4, 2009 as presented . ** Mr. Hofmann seconded and the motion carried unanimously. CODE ENFORCEMENT BOARD March 4, 2009 E. SWEARING IN OF STAFF MEMBERS Chris Lestrange, Dennis Bunt, Swendy Ariyanayagam, Carl Brome, Mark Fowler, Melissa Brubaker, Lynn Swartzel, Chris Counselor, and Danielle Williams were sworn in. F. CONSENT AGENDA Dr. Ingersoll noted an addition to the Consent agenda, and no cases were lifted. * Mr. Fogg made a motion to approve and accept the cases on the Consent Agenda as presented by staff. ** Mr. Stickles seconded and the motion carried unanimously. Partial Release of Lien Case No. Jose Vega 16194 G. VIOLATION HEARING: The following cases were removed, withdrawn or abated from the agenda: Case No. Location of Violation Owner/Violator/Name____________ 57677 3428 Southern Pines Dr., Fort Pierce Nancy Hyde, 6840 NW Granger Ave., PSL 60159 16 Sovereign Way, Fort Pierce Carole Thew (TR), S/A 60723 21 Sovereign Way, Fort Pierce Eric May, PO Box 11343, Fort Pierce 61018 620 Coconut Ave., Port St. Lucie Jay P. Singh, S/A 57111 222 Sea Conch Place, Fort Pierce Tropical Isles, Co-Op, Inc., 281 Tropical Isle Circle, Fort Pierce 57383 222 Sea Conch Place, Fort Pierce Ed Akucewith, S/A rd 59572 2215 N. 53 St., Fort Pierce Roofs Plus, Inc., Julie Needham th 1500 SW 30 St., Boynton Beach 60734 85 S. Las Olas Dr., Jensen Beach Pensco Trust Co., Raymond Cannady IRA 9960 S. Ocean Dr., Jensen Beach 60964 4807 Juanita Ave., Fort Pierce Frank Rossi, 199 Jeffrey Lane, Fort Pierce st 61021 2007 N. 51 Court, Fort Pierce Merlyn J. & Clara Belle Stokes, 1503 Angle Road, Fort Pierce 61055 6071 S. US #1, Lot #10, Fort Pierce S & H Business, 5903 NW Favian Ave., PSL 61151 6071 S. US #1, Lot #10, Fort Pierce Kathleen Ashford, S/A 60946 8407 S. Indian River Dr., Fort Pierce Rosella Goldfard, S/A 61222 110 U Vista Court, Fort Pierce Vilma R. Levy, S/A 60352 5917 Eastwood, Fort Pierce Robert V. & Beverlee R. Reilly, S/A th 60362 8007 Georges, Fort Pierce Roshini Lakram, 308 S. 30 St., Fort Pierce VIOLATION CASES HEARD: Case #60567, Location of violation, 4700 Juanita Ave., Fort Pierce, Property Owner, Jonathan and Delores Ingram, Fort Pierce, Fl. Jonathan Ingram, S/A, was sworn in by Ms. Walls. Carl Brome provided four photos dated 9/22/08. On 9/22/08 he found the property in violation of Section 11.05.01, obtain permit for wood deck patio. A compliance date of 10/25/08 was issued. He has had contact with the property owner to discuss ways to correct the violation, the case has been active for over five months and is still in violation. Mr. Ingram agreed he was in violation and asked for an additional 90 days. Page 2 of 9 CODE ENFORCEMENT BOARD March 4, 2009 ? Mr. Oquendo made a motion in reference to Case #60567 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, 2009 a fine of up to $250.00 per day may be imposed. Please st 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. st Case #61013, Location of violation, 2009 North 51 Court, Fort Pierce, Property Owner, Merlyn J. and Clara Belle Stokes, 1503 Angle Road, Fort Pierce, Fl. Merlyn Stokes was sworn in by Ms. Walls. Ms. Swartzel submitted three photos, dated 11/7/08. During an inspection on 11/7/08 she found the above property in violation of Section 13.09.00, Exterior Property Maintenance, (Article 303.2 abated) Protective treatment, clean mildew and mold off house, paint if needed, repair windows, damaged doors and side of house; Article 302.3 (abated), Article 302.1, sanitary facilities, fix all plumbing and maintain; Article 302.5 (abated), Article 302.6 Kitchen facilities, repair cabinets and drawers, and Section 13.08.00, Standard Housing Code.(abated) and Article 305.02 interior doors securely attached to jambs. Confirming the open violations Ms. Swartzel said all were abated except for windows, doors and plumbing. A compliance date of 12/8/08 was issued. The violations still exist. He had Mr. Stokes agreed he was in violation. He asked the Board for an additional sixty days to comply. individuals staying in the house to help him bring it up to Code, and it didn’t work out. ? Mr. Hofmann made a motion in reference to Case #61013 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 May 8, 2009 a fine of up to $250.00 per day may be imposed. Please st 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. Fogg seconded and the motion carried unanimously. Case #61044, Location of Violation, 3214 Avenue D, Fort Pierce, Property Owner, Angle Properties, LLC, 3600 FAU Blvd., #207, Boca Raton, Fl. Sam Scarnecchia, 4302 Hollywood Blvd. Suite #364, Hollywood, Fl, 33021 representing, was sworn in by Ms. Walls. Mr. Fowler provided five photos dated 11/12/08 through 3/3/09. On 11/12/08 he found the property in violation of Section 1-9-19, junk, trash and debris, Section 1-9-32(D), excessive overgrowth, and Section 1-12-17, Payment of Tax prior to engaging in business, obtain a zoning compliance before operation a business from the property. A compliance date of 12/15/08 was issued, he has had contact with a representative to discuss ways to correct the violations. The property has been inspected 4 times and it remains in violation. There was progress made, and several trailers were removed. Ms. Mackenzie-Smith explained that foreclosure on the property was filed in ’06, and title to the property was received in December, 2008 and they needed a Writ of Possession, and additional time to clear it all out. Page 3 of 9 CODE ENFORCEMENT BOARD March 4, 2009 Mr. Scarnecchia agreed they were in violation, and said it would take about nine months to do all the work. That on the 12 acre parcel, one half is junk, they need to sort it, see what is salvage, mobile homes were torn up, there is asbestos to remove which is hazardous, tires and junk. Mr. Bunt added that on this property there is a large amount of concrete which was supposed to be crushed, and the debris needs sorting to determine where it will go. Dr. Ingersoll commented on the large amount of liens on the property. Mr. Oquendo asked Mr. Fowler’s opinion on the amount of time to clean it up. Mr. Fowler said the photos didn’t show the depth of the violation, and you can’t tell the extent from the road. The rezoning of the property was discussed. Mr. Oquendo commented on rescheduling this to revisit the extent of the progress made. Mr. Scarnecchia said their focus was to clean it up before they could begin with crushing concrete and sell it, they would need a business license to do that. Mr. Bunt asked that he contact staff for requirements for a business license after the clean up. Mr. Fogg thought a crew could do clean up, and he preferred a shorter timeframe that would be monitored in this industrial area. Discussion ensued. The Board discussed a three month period, at which time an update on the progress made, with the understanding they are making an effort to clean up what’s seen from the road. Mr. Stickles made a motion in reference to Case #61044 that the Code Enforcement Board continue this case to ? the Code Enforcement Board hearing on June 3, 2009. ** Mr. Oquendo seconded and the motion carried unanimously. Case No. Location of Violation Property Owner/Contractor Violator th 52315 2212 N. 45 St., Fort Pierce James & Jennifer Lloyd, 5715 Spruce Dr., Ft. Pierce 61016 3112 Avenue S, Fort Pierce John Manos, 1129 Mariposa Ave., Coral Gables 61121 425 N. FFA Rd., Fort Pierce Cathy M. & Louise O. Robinson, S/A 59735 141 NE Naranja Ave., PSL John & Jean Mazako, S/A 60939 5512 Seagrape Dr. Fort Pierce Dorothy M. Long (EST), S/A 61034 769 Prima Vista Blvd., PSL Ali Kordbacheh & Mariam Aghaei, 12271 Gingerwood Lane, Wellington, Fl. 33414 61113 747 Prima Vista Blvd., PSL Ali Kordbacheh, 12271 Gingerwood Lane, Wellington, Fl. 33414 61213 3750 White Way Dairy Rd., Ft. Pierce Wells Fargo Bank, NA, (TR), 6501 Irvine Center D r. Irvine, CA 92618 60277 7703 North Blvd., Fort Pierce Robert E. & Denise Y. Nettles, S/A rd 61493 5019 N. US #1, Fort Pierce RMRC Real Estate, Inc., 6921 NW 63 Way, Parkland, FL 33067 Mr. Bunt confirmed the Hall was sounded. ? 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. Page 4 of 9 CODE ENFORCEMENT BOARD March 4, 2009 ** Mr. Hofmann seconded and the motion carried unanimously. H. FINE HEARING: th Case #59439, Location of Violation, Rosarita Ave./North 13 St., Fort Pierce, Property Owner, Ronald E. Wright, 1211 Avenue G, Fort Pierce. Michael O’Haire, Esq., represented Mr. Wright. Dr. Ingersoll advised the County made a recommendation to remove the case from the Fine Hearing and the Board had a letter from the attorney, Michael O’Haire. Ms. Mackenzie-Smith asked the Board to consider continuing the case to a date certain in order for the issues regarding the survey, and Right of Way (ROW) to be resolved. Mr. O’Haire agreed to an extension of time. ? Mr. Stickles made a motion in reference to Case # 59439 that it be continued to the June 3, 2009 Code Enforcement Board hearing. ? Mr. Hofmann seconded and the motion carried unanimously. *** Mr. Stickles recused himself from case #56777. Case #56777, Location of Violation, 2501 Center Rd., Property Owners, Lloyd and Ann Bell, 1 & 2 Ida Belle Island, Fort Pierce, Fl. Lloyd Bell, S/A, Charles Burns, Esq. (attorney for Mr. Bell) 108 Intracoastal Point Dr., Jupiter, Fl., Ricky Shearer, and Ray Chladny, Land Planner, 691 Estate Ave., Port St. Lucie, Fl., were sworn in by Ms. Walls. Ms. Swartzel provided five photos dated 3/3/09. This case was found in default at the December, 2008 CEB meeting in violation of Section 1-9-19, Abandoned property, unserviceable vehicles, outside storage, materials, auto parts, debris, and unserviceable vehicles trailers, boats and air planes; Section 1-9-32, excessive overgrowth, and Section 8.02.00, Temporary Uses and structures, the semi-trailers on the property being used for storage are prohibited. The Board gave until 9/1/08 to come into compliance. Ms. Swartzel has had contact with the property owner, as of 3/3/09 the property remains in violation. The case was continued to the March, 2009 Code Board Meeting. The property owner met with zoning once, and nothing has changed. Mr. Burns said efforts had been made and asked Mr. Shearer to reply. Mr. Shearer explained what steps he took to get an Occupational License and permit for storage. That he couldn’t get an Occupational License because the ROW came into the property and cut across the neighbor’s property. He spoke with Road and Bridge and then to Engineering, and they needed the proper ROW. Mr. Shearer explained his attempts to solve the problem and the issues created by the ROW encroachment, that they found an architect and land planner to work with the engineer. Mr. Chladny, Land Planner, confirmed he started one week ago. He explained there was an issue with the entrance of Mr. Bell’s property, which crosses his neighbors. Mr. Burns requested a continuance for thirty days to clear up the issues. Dr. Ingersoll pointed out they could get rid of the trailers being used for storage. Mr. Bell said this was dated back to the issues they had with FEMA and it was quite involved. Mr. Shearer said four semis were removed, and everything else was cleared up and when he got his Occupational License the rest would be able to remain. Mr. Bunt confirmed the dates they were cited was 2/1/08, a notice to appear was sent 3/6/08, and the case was taken to the Board before the December, 2008 meeting, the first length of extension given by the Board, to come into compliance by the first violation hearing. The December to March extension was added at a Fine hearing last time. Page 5 of 9 CODE ENFORCEMENT BOARD March 4, 2009 Dr. Ingersoll commended Mr. Shearer on the amount of work he accomplished and the effort he took to solve the problems, that he is a layman, and the problem is with Mr. Bell, who should have had the architect, land planner and engineer on board months ago. He must accept the responsibility and is sitting on a $10,000.00 fine. Mr. Bell commented on what had been done to clean up the property and their future plans. Dr. Ingersoll advised their future plans were not the Board’s concern, the property is not in compliance, which is the interest of this Board, the property was not designed to store boats, and the other vehicles which he has been cited for, nor are they to operate a business without regard to zoning, land planning, etc. Mr. Oquendo asked what type of business would be operated on the property if Mr. Shearer got a license, and what progress had been made. Mr. Shearer said a storage business and what was on there now would be legal. Mr. Bunt reiterated what had been discussed at the last meeting, (pg. 4/10 minutes of 12/3/08) “A need for site plan approval on the property, what it would be used for, what storage was still there, what the zoning would allow, the need to mow the excess overgrowth under the boats, what business is being conducted, what attempts were being made to clean it up, what has been mitigated, and what the options were.” Discussion ensued on what remained. Mr. Shearer said there is one car, and one air plane. Ms. Swartzel said there are mobile homes, recreational vehicle, storage containers, an office trailer, debris, building materialand excessive overgrowth. Without a license, they are in violation. Discussion ensued about what was gone, and what remained. Mr. Burns re-confirmed his earlier request for a 30-day continuance to have the right team in place to make progress. Mr. Fogg commented on the photos showing the same violations from the last meeting and the violations still exist. Mr. Shearer reiterated the problems with the ROW, and the progress he had made. ? Mr. Fogg 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. 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 8, 2008 with the maximum fine not to exceed $10,000.00. A cost of $475.00 shall be imposed as the cost of prosecuting this case. ** Mr. Hofmann seconded and the motion carried unanimously. Mr. Stickles was recused and did not vote. st Case #61042, Location of violation, 210 N. 41 St., Fort Pierce, Fl., Property Owners, Nikishia and John B. Bryant, Jr., S/A. No one was present to represent the property owner. Ms. Swartzel provided three photos dated 2/14/09 through 3/3/09. This case was brought before the January, 2008 Code Enforcement Board and found in default in violation of Section 7.10.14(A), commercial vehicle parked/stored on property must be removed; Section 1-20-42, commercial cannot be parked/stored in residential zone and Section 1-15-22, cease parking/storing commercial vehicle on county right of way. A compliance date of 2/6/09 was issued. Ms. Swartzel has not had contact with the property owner, as of 3/3/09 the property remains in violation. ? Ms. Monahan made a motion in reference to Case #61042 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 February 7, 2009, with the maximum fine not to exceed $10,000.00. A cost of $225.00 shall be imposed as the cost of prosecuting this case. ** Mr. Hofmann seconded and the motion carried unanimously. Page 6 of 9 CODE ENFORCEMENT BOARD March 4, 2009 Case #60040, Location of violation, 12035 S. Indian River Drive, Jensen Beach, Fl., Property Owner, Lianne th Lehrman, 420 NE Olive Way, Boca Raton, Fl. Lianne Lehrman and Karen Gelano, 264 NW 4 St., Boca Raton, Fl, realtor, were sworn in by Ms. Walls. Mr. Fowler submitted four photos dated 2/11/08 through 3/3/09. This case was brought before the December, 2008 Code Enforcement Board and found in default in violation of Section 13.09.01, exterior property maintenance, Article 303.2, exterior, remove mold and paint the siding, and Section 13.00.01, Article 305.3, repair the roof. A compliance date of 3/3/09 was given. As of 3/3/09 the property is still in violation. Ms. Lehrman asked that Ms. Gelano speak on her behalf. Ms. Gelano said that Ms. Lehrman has no money, is unemployed, there are few buyers and the property is up sale. A contract was received and is supposed to close. Dr. Ingersoll said if the property sells, immediately the paper work gets messed up, the new buyer gets cited and a new fine put on it. Ms. Mackenzie explained the process. The contract was discussed. Ms. Gelano explained the buyer wanted to put on a new roof and said the closing date is now 3/18/09. Dr. Ingersoll asked the Board to consider a continuance for 30 days, the fine will stay the same, and if the property is sold the new owner is re-cited immediately. That this could be a capable buyer, and it would be co- productive to repair the roof. ? Mr. Fogg made a motion in reference to Case # 59439 that it be continued to the April 1, 2009 Code Enforcement Board hearing. ? Ms. Monahan seconded and the motion carried unanimously. Case #60659, Location of violation, 3259 River Drive, Fort Pierce Fl., Property Owner, Deutsche Bank, NA, (TR) th 350 South Grand Ave, 47 Fl., Los Angeles, CA 90071. No one was present to represent the property owner. Mr. Fowler submitted five photos dated 9/26/08 through 2/12/09. This case was brought before the January, 2009 Code Enforcement Board and found in default in violation of Section 8.00.05, Swimming Pool, secure with 4 ft temporary fencing, or repair fence and ensure gates are locked, Section 13.09.00 Exterior Property, Article 302.7, repair damaged chain link fence, and Section 1-9-32(D) Public Nuisance, clean or drain the dirty pool. A compliance date of 2/7/09 was given. The violations were corrected as of 2/18/09, but the property was in violation for 11 days. ? Mr. Stickles made a motion in reference to Case #60659 that the Code Enforcement Board make the following determination: After hearing testimony, the facts in the case, and the report of staff of the existence of a violation, we determine the violation has been abated and no fine is imposed. ** Mr. Hofmann seconded and the motion carried 6-1. Ms. Monahan opposed st Case #60881, Location of violation, 3106 South 21 St., Fort Pierce Fl., Property Owner, Raymond Massey, S/A. No one was present to represent the property owner. Mr. Fowler submitted two photos dated 10/15/08 and 3/3/09. This case was brought before the January, 2009 Code Enforcement Board and found in default in violation of Section 1-9-32(D) excessive overgrowth and Section 1-9-19, outside storage of items and materials, etc. A compliance date of 2/6/09 was issued. As of 3/3/09 the property is still in violation. OK below ? Ms. Monahan made a motion in reference to Case #60881 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 February 7, 2009, 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. Stickles seconded and the motion carried unanimously. Case #60708, Location of violation, 129 Tunison Ave., Port St. Lucie, Fl., Property Owner, TMP Group, 200 SE 15, RD PH, Miami, Fl 33129. No one was present to represent the property owner. Page 7 of 9 CODE ENFORCEMENT BOARD March 4, 2009 Ms. Brubaker submitted four photos dated 10/10/08 through 3/2/09. This case was brought before the January, 2009 Code Enforcement Board and found in default in violation of Section 1-0-32(D) excessive overgrowth. A compliance date of 2/7/09 was given. She has not had contact with the owner, and as of 3/3/09 the property is still in violation. Mr. Fogg questioned whether the County had anyone to mow the lawn. It would be a decision for the BCC to front the money for outside mowing of properties. ? Ms. Monahan made a motion in reference to Case #60708 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 $150.00 per day shall be imposed for each day the violation exists, starting February 7, 2009, 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. Fogg seconded and the motion carried unanimously. I. REPEAT VIOLATION HEARING: Case #56388, Location of Violation 3098 Dame Rd., Fort Pierce, Fl., Property Owner, Plant Haven Landscape, Inc., 4610 Selvitz Road, Fort Pierce. No one was present to represent the property owner, and a letter was provided to the Board. Dr. Ingersoll referred to the letter from James H. McCarty, Jr., Esq., attorney for Plant Haven requesting more time to prepare and asked the matter be moved to the April meeting. Ms. Mackenzie-Smith spoke with the attorney and explained the amounts of the fine. ? Mr. Oquendo made a motion in reference to Case #56388 that the Code Enforcement Board continue this case to the Code Enforcement Board meeting of April 1, 2009. ** Mr. Hofmann seconded and the motion carried 6-1. Mr. Fogg opposed. J. FINE REDUCTION HEARING: None. K. REHEARING OR RECONSIDERATION HEARING: - None L. OTHER BUSINESS: Discussion of Workshop for Code Enforcement Board Mr. Bunt discussed the date of Wednesday, March 25, 2009,for a Workshop for the Code Enforcement Board. It would be held in the Code Compliance Conference Room. The time and agenda were discussed. Items for the agenda might include: Building plans and permits, function of the Board and how to proceed. Dr. Ingersoll: Would like to see Attorney Jack Kreiger cover Sunshine Law, call-in complaints, fines, evidence flow at hearings, listening and staying within the scope of the complaint and Jack’s observations. He would like to see someone go through the plans process, O-T-C permits, time needed for building process from submission (prepare a packet), set backs, who can pull a permit and the difference between an owner and contractor pulling a permit, product specifications, construction discussion, major and minor site plans, how much time does the County need versus time needed by violator. Mr. Bunt asked if they wanted all that information in one workshop or three – a legal workshop with Jack and Katherine, Building and Permitting, Code Enforcement, and Zoning. Mr. Oquendo thought one was not enough to cover the information in depth. At a minimum staff and attorneys elaborate on one common issue then discuss time frames, and there will questions and issues for discussion. He wanted to address the fundamentals and focus on due process. Page 8 of 9 CODE ENFORCEMENT BOARD March 4, 2009 Ms. Monahan asked if the Board needed to know minute details, if staff knows and has the expertise to address the issues. Mr. Bunt said it was staff’s job to present cases and answer any questions and up to them to educate the Board and answer questions during the meeting. Mr. Fogg mentioned the Occupational License and if businesses operate without them, if they could close them down. Mr. Bunt indicated the State Statute provides power to the Sheriff’s Office to close doors, that the CEB is using the citation and fine, and after three times, they go before a judge. Mr. Bunt clarified if the Board wanted staff to create a fundamental workshop with basic standards, covering a bit of everything, with a Q & A after. Dr. Ingersoll commented: Some cases are easy, some are a struggle and they can’t connect the dots for the whole process. The staff are the Professionals, the Board is the branch that balances the rights of the people and the laws of the government; if the Board only hears the government side, and if the people don’t have the foggiest idea and if the Board doesn’t either, they aren’t well represented by anyone. Ms. Mackenzie Smith represents the staff and Jack Kreiger represents the violator. Jack Kreiger commented: He will prepare a presentation on the Board’s role and have a refresher course as to the County’s role. Ms. Mackenzie Smith’s role is the Prosecutor, D.A., and staff are the officers and it becomes the Board’s decision. They will put something together for self protection and due process. He will get with Katherine, do an outline on Sunshine Law, and they will open to questions. Mr. Oquendo said with the Board making decisions and applying good judgment there is that balance between the rights of the community and rights of people before them, versus rights of the government. Further discussion ensued. M. STAFF BUSINESS: Mr. Bunt confirmed the date: The Board considered Tuesday, 3/24. Wednesday, 3/25 and th Thursday, 3/26 as potential dates at 9:00 a.m. Most preferred Tuesday, March 24 at 9:00 a.m. Ms. Walls to contact the Board and coordinate for any scheduling conflicts. It will be held in the Code Compliance Conference Room. Ms. Walls did not have e-mail addresses for all members of the Board, and will call them. N. PUBLIC COMMENTS: None ADJOURN: There was no further business and the meeting was adjourned at 11:00 a.m. _____________________________ ______________________ Dr. Dale Ingersoll, Chairman Date _____________________________ _______________________ Mary F. Holleran, Specialist Consultant Date Page 9 of 9