HomeMy WebLinkAboutAgenda 12-02-2009
MINUTES OF THE ST. LUCIE COUNTY
CODE ENFORCEMENT BOARD HEARING
December 2, 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
Mitchell Williford
Margaret Monahan
Wes Taylor
Board Attorney .....................................................................................................Jack Krieger
ABSENT
Board Member (Excused)…………………………………………………………..........Ralph Fogg
STAFF PRESENT
Assistant County Attorney .....................................................................................Katherine Mackenzie-Smith
Code Enforcement Supervisor ..............................................................................Dennis Bunt
Building Supervisor ...............................................................................................Kenneth Arnold
Contractor Licensing Supervisor ...........................................................................Swendy Ariyanayagam
Contractor Licensing Investigator ..........................................................................Monica Barrios
Code Enforcement Officer ...................................................................................Melissa Brubaker
Code Enforcement Officer ....................................................................................Lynn Swartzel
Code Enforcement Officer ....................................................................................Chris Counsellor
Code Enforcement Officer ....................................................................................Carl Brome
Code Enforcement Officer ....................................................................................Mark Fowler
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 9:02 a.m., by Dr. Ingersoll.
B. PLEDGE TO THE FLAG
All those present rose to pledge allegiance to the flag.
C. ROLL CALL
The Board Secretary called the roll and everyone was present except Mr. Fogg, who was excused. Ms. Monahan
arrived at 9:14 a.m., after the roll was called.
D. APPROVAL OF MINUTES – November 4, 2009
Mr. Stickles made a motion to accept the minutes of November 4, 2009 as presented
.
** Mr. Hofmann seconded and the motion carried unanimously.
E. SWEARING IN OF STAFF MEMBERS
CODE ENFORCEMENT BOARD December 2, 2009
Kenneth Arnold, Dennis Bunt, Swendy Ariyanayagam, Carl Brome, Mark Fowler, Monica Barrios, Melissa
Brubaker, Lynn Swartzel, Chris Counsellor, and Danielle Williams were sworn in.
F. CONSENT AGENDA
Mr. Stickles commented on the new form, said it was good, and easy to read. He asked for staff’s
recommendation on Case #20020044. Mr. Bunt said it was denied and the missing recommendation was just an
oversight on staff’s part. The recommendation is for denial.
* Mr. Stickles made a motion to approve and accept the cases on the Consent Agenda as presented by
staff.
** Mr. Hofmann seconded and the motion carried unanimously.
Request for Violation Rehearing - Denied Case No.
Stephen Dupee, Sr. 58708
Partial Release Case No.
Big Joe’s Roofing 5912
Denied
Request for Fine Reduction- Case No.
Pat Dileo 20020044
G. VIOLATION HEARING:
The following cases were removed, withdrawn or abated from the agenda:
Case No. Location of Violation Owner/Violator/Name____________
61507 796 Woodlands Dr., Port St. Lucie Kevin M. Ballash, Jr.
62335 85 S. Las Olas Dr., Jensen Beach Pensco Trust Co., Raymond Cannady, IRA
9960 S. Ocean Dr., Jensen Beach
63202 4806 Anglevilla Dr., Fort Pierce Stephen M. Sherer, S/A
64190 1720 Valencia Ave., Fort Pierce Felicia P. & Christoher T. Nixon, S/A
64273 4007 Ave. O, Fort Pierce Tropical Family Holdings, LLC
61044 3214 Ave. D, Fort Pierce Angle Properties, LLC, 3600 FAU Blvd.
#207, Boca Raton
63353 Lot N. or 6105 Carlton Rd., Fort Pierce Tropic Land Holdings, LLC, Property Mgr.
2412 Atlantic Beach Blvd., Fort Pierce
64240 140 Eaton Dr., Port St. Lucie CitiMortgage, Inc, 5280 Corporate Dr.
Fredrick, MD 21703
VIOLATION CASES HEARD:
rd
Case #61080, Location of violation, 3111 S. 23 St., Fort Pierce, Property owners, Sherman B. Petty, Tracy M.
Green, S/A. Tracy Green (S/A) was sworn in by Ms. Walls.
Mr. Brome submitted 9 photos dated 10/23/08 through 10/31/08. During his first inspection on 10/23/08 the
property was found in violation of Section 11.05.01, Building and Sign Permits, please obtain a permit for the
sliding door, closed in door & windows converting the carport into habitable space. A compliance date of 1/9/09
was issued. Staff has contacted the owners several times and discussed ways to correct the violation. The case
has been active for a year and still remains in violation.
Ms. Green agreed the property was in violation, they are working on it now, they had electrical issues and
problems trying to pull a permit. It was her parent’s house, the renovations were done before it was converted
over 30 years ago and no permits can be found on the property. She discussed what permits were obtained.
Dr. Ingersoll commented on the records available from the Property Appraiser. Documents were displayed and
discussed.
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CODE ENFORCEMENT BOARD December 2, 2009
Ms. Ariyanayagam said staff would like to work on this case, that it be removed from the agenda and brought
back to the Board. The Board agreed.
Case #61030, Location of violation, 7907 Santana Ave., Port St. Lucie, Property owners, Amy H. and Scott
Demmy, S/A. Scott Demmy (S/A) was sworn in by Ms. Walls.
Mr. Brome submitted 1 photo dated 11/6/08. During his inspection on 11/6/08 the property was found in violation
of Section 11.05.01, Building and Sign Permits, please obtain a permit for rear addition. A compliance date of
11/12/08 was issued. Staff has had contact with the owners and discussed ways to correct the violation. The case
has been active for a year and still remains in violation.
Mr. Demmy agreed the property was in violation. He is working on it now, he’s waiting on a survey to pull a
permit. He asked for 30 to 60 days to come into compliance.
?
Ms. Hofmann made a motion in reference to Case #61030 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 violations that we determine: the violations in fact did occur and the
alleged violators committed the violations. An Order of Enforcement is warranted. If the Order of
Enforcement is not complied with by February 5, 2010 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 violations are not abated by the
given compliance date.
** Mr. Williford seconded and the motion carried unanimously.
Case #61509, Location of violation, 308 Bridlewood Way, Fort Pierce, Property Owners, William R. Rieseiman &
William Tipton, S/A. William Rieseiman was sworn in by Ms. Walls.
Ms. Williams submitted nine photos dated 1/13/09 through 11/30/09. During her first inspection on 1/29/09 she
found the property to be in violation of Section 3.01.03 (E) AR-1Agricultural-Residential District (please cease
running a business from the property as it is not allowed in AR-1 zoning.) She has had no contact with the
property owner. As of 11/30/09 the property remains in violation.
Mr. Rieseiman agreed he was in violation. He keeps vehicles for sale at his residence when there isn’t room to
keep them on the car lot. Dr. Ingersoll explained the vehicles had to be removed from the residence and that he
needed to cease doing business at his house. Further discussion ensued of the commercial vehicles and others
that were displayed.
Ms. Monahan made a motion in reference to Case #61509 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 8, 2010 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 # 61944, Location of violation, 3214 Avenue D, Fort Pierce, Property owners, Angle Properties, LLC, 3600
FAU Blvd., #207, Boca Raton. Sam Scarnecchia, 4302 Hollywood Blvd., Hollywood, Fl, 33021 was sworn in by
Ms. Walls.
Mr. Fowler submitted 4 photos dated 12/1/09 and said this case was continued from the Code Enforcement Board
hearing of September 2, 2009 to monitor the progress being made to date. The property was found in violation of
Section 1-9-19, Abandoned Property, Unserviceable Vehicles and junk, trash and debris. The photos displayed
indicated the owners have made significant progress toward compliance in removing all the unserviceable
vehicles and debris left on the property. Staff recommended no further action at this time and staff will continue to
monitor the progress.
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CODE ENFORCEMENT BOARD December 2, 2009
The Board discussed staff removing the case and that Mr. Scarnecchia has been in constant contact to
demonstrate satisfactory progress. The Board agreed to remove the case and staff will monitor the progress.
*** The Board noted significant progress has been made and agreed to remove the case and it will be
monitored by staff.
Case #64213, Location of violation, 4780 Selvitz Rd., Fort Pierce, Property Owners, Luz M. & Salvador Cendejas,
S/A. Mr. Cendejas son, Miguel Cendejas, (S/A) was sworn in by Ms. Walls.
Mr. Fowler submitted three photos dated 10/2/09 through 12/1/09. During his first inspection on 10/2/09 he found
the property to be in violation of Section 7.10.14(A) Commercial Vehicles and Semi Trailers (please remove the
commercial trucks/semi-trailers from the property as they are not permitted in a residential zone) and Section
3.01.03 (E) AR-1 Agricultural-Residential District (the residential zoning district you reside in does not permit
storing commercial/heavy trucks and trailers, please removed them.) A compliance date of 10/23/09 was issued.
He has had contact with the property owners. The property has been inspected three times and the violation still
exists.
Mr. Cendejas agreed he was in violation. He asked for an extension and explained the trailer was there because
his father had animals, and he is trying to bring the property up to Code. The animals are now gone. Dr. Ingersoll
explained the vehicles had to be removed from the residence since it was not commercial property. Further
discussion ensued of the commercial vehicles that were displayed. Discussion ensued on the AR-1 zoning
district.
* Mr. Stickles made a motion in reference to Case #64213 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 5, 2010 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 Mr. Stickles read the names and the case numbers of those who were not
present into the record:
Case No. Location of Violation Property Owner/Contractor Violator
61359 6201 Oleander Ave., Fort Pierce Karen & Edward A. June, Jr. (S/A)
60577 141 N. Naranja Ave., Port St. Lucie John & Jean Mazako, (S/A)
61080 3515 Sloan Rd., Fort Pierce James V. Lloyd, Jr., 5715 Spruce Dr., Fort Pierce
63784 2110 Jacobs Rd., Fort Pierce Jerry & Kevin Sauers, 32 E. Broad St.,
Hazelton, Pa 18202
rd
64029 1107 S. 33 St., Fort Pierce Yosef A. Musleh, 5841 NW Drill Court, PSL
th
64072 3433 S. 7 St., Fort Pierce John Manos, 1129 Mariposa Ave., Coral Gables
64388 2405 Kelly Court Fort Pierce Steven G. Olson, 7101 Ocala Ave., Fort Pierce
63298 6008 Raintree Dr., Fort Pierce Deborah D. Kalsow & Frank L. Hall, Jr., (S/A)
63421 248 Airoso Blvd., Port St. Lucie Candace A. Coombs, (S/A)
63639 210 Banyan Dr., Port St. Lucie James J. & Phyllis R. Vera, (S/A)
63701 721 Solaz Ave., Port St. Lucie Darlene Beadle, (S/A)
63986 395 Airoso Blvd., Port St. Lucie Jamie L. Shelton, (S/A)
?
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. Hofmann seconded and the motion carried unanimously.
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CODE ENFORCEMENT BOARD December 2, 2009
H. FINE HEARING:
Case #58708, Location of Violation 1119 Nettles Blvd., Jensen Beach, Fl., Property Owner, Stephen J. Dupee,
(S/A) was sworn in by Ms. Walls.
Ms. Barrios provided two photos. This case was brought before the Code Enforcement Board meeting of 10/7/09
for violation to Section 11.05.01, Building and Sign Permits, (please obtain a permit for the deck that is in the back
of the house including steps that are on the deck and extension of the dock, or remove it.) A notice of violation
was sent on 1/13/09 to obtain a permit to include the steps and inspection of the dock with a compliance date of
2/13/09. Mr. Dupee contacted Building Department staff who explained he needed a setback and to apply for a
variance. On 11/2/09 staff received a call from Mr. Dupee stating he was not aware of needing an inspection and
permit, and needed to contact the proper Departments to get the permit matter resolved. On 11/4/09 Mr. Dupee
met with the Zoning Department Supervisor as well as the County Variance staff, and was told a variance would
be needed to meet County Code requirements. Mr. Dupee has contacted the Growth Management Department
to obtain the proper application to request a variance. He is here to request more time and staff is in agreement if
the Board grants Mr. Dupee an extension.
Dr. Ingersoll noted this has been on-going since 1/13/09.
Mr. Dupee said as of February, 2009 a representative of the County came and looked at this property, and
suggested that he didn’t do anything until he heard back, and the first time he heard back was recently. He
thought it was going to be acceptable as it was, and it is not. He would now like to meet with the HOA in order to
get approval on the variance. Without a HOA signature it will probably not be successful. Mr. Dupee explained
the history of how he got into this situation and provided photos for display. The house was shown as he bought
it. The deck was extended into the setback. He met with people in charge of operations at the Park and the
building to discuss what to do on the lot and how to proceed. The deck was built after the house and is not
acceptable to the manager and owners. The deck into the setback was displayed. Two new seawalls were added
and the house/deck is no longer into the setback by 5 ft., it now extends further into the setback 11 feet from the
seawall.
Dr. Ingersoll advised that was an argument for the Zoning and Variance Board, not for this Board. This violation
is for not having a permit for the structure that was built. Unless the permit is granted, the violation still remains
and this is a fine hearing. The issue for this Board is how much time is being requested.
Ms. Ariyanayagam said that staff was working with Mr. Dupee to get this done, that he did not get the earlier
notice for the Violation Hearing and staff will work with him to get the HOA to sign off on it and let the Variance
Board decide. He asked for 90 days.
Dr. Ingersoll commented on the builder of the house who added the porch too close to the sidewalk, and
encroached into the setback. A Licensed Contractor would have gotten the permit as needed. Mr. Stickles
agreed this was a violation. The builder needs to be cited for no permit. Dr. Ingersoll had issues with the dock
extending.
Ms. Monahan discussed the Notice and why Mr. Dupee did not receive it. Mr. Dupee said the notice was sent to
his Myrtle Beach, SC address and the woman in the central office signed for it. He has a P.O. Box address and
received the notice of the Fine Hearing. Mr. Bunt reviewed issues with Certified Mail in developments where
property managers sign for it. Ms. Monahan noted if the bridge to the dock was down it would completely block
the sidewalk. The Stop Work order halted the motor for the bridge. Further discussion ensued on Mr. Dupee’s
options and the amount of time that’s reasonable to obtain a zoning variance. Dr. Ingersoll reviewed the issues
with the HOA, the Variance Board and permitting and inspection.
?
Ms. Monahan made a motion in reference to Case #58708, that the Code Enforcement Board continue this
case to the April CEB meeting of 4/7/09.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #55466, Location of Violation, 10725 South Ocean Dr., #477, Jensen Beach, Fl., Property Owner, John
Nolte. No one was present to represent Mr. Nolte.
Ms. Barrios provided three photos. This case was brought before the Code Enforcement Board meeting of
10/7/09 for violation to Section 11.05.01 A(2)a, Time Limitations of Building Permits, (please reactivate and obtain
a final inspection for permit #24041095 for the roof). A notice of violation was sent on 10/11/07 to reactive and
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CODE ENFORCEMENT BOARD December 2, 2009
obtain a final inspection for permit #24041095 for the roof. A compliance date of 11/12/07 was issued. Mr. Nolte
contacted staff on 10/30/07 and staff explained what needed to be done to reactivate the permit and get a final
inspection and staff was willing to contact the Engineer and get final inspection. Mr. Nolte stated to staff that no
one was allowed on the roof without him or the property manager being present. On August 12, 2009 a Notice to
Appear was sent to Mr. Nolte. Mr. Nolte contacted staff on 9/22/09 and he was still out of town and refused the
roof reactivated and was not sure he should sign it. After the CEB meeting of October, 2009 staff has had
conversations with Mr. Nolte and explained he had to contact the roof contractor to resolve the permit. The permit
remains expired as of 12/2/09. This has been on-going since 2007.
?
Mr. Stickles made a motion in reference to Case #55466 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 January 1, 2010, 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 #61360, Location of Violation, 7017 Gullotti, Port St. Lucie Fl., Property Owner, Dianne Soldevilla, 1335
Whiteside Hill Rd, Wartrace, TN 37183. Ms. Soldevilla, Builder, Alan Kellerman, 871 SW Idol Ave., Port St. Lucie,
and Architect John Foster, 1125 Bridge Ave., Port St. Lucie, were sworn in by Ms. Walls.
Ms. Brubaker said the case was brought before the April, 2009 CEB meeting and given until December, 2009 to
come into compliance. Two photos were provided dated 3/30/09 through 11/30/09. During her first inspection on
12/12/08 she found the property to be in violation of Section 3.01.03(E) –AG-1 Agricultural-Residential District
(remove all accessory structures as there is not a permanent structure include the pole barn, trailer/mobile home,
gazebo, etc., also horses are an accessory to the property and have to be removed). Violation to Section 7.10.03
– Animals in residential Districts – Has been Abated. A compliance date of 1/15/09 was issued. Ms. Brubaker
has had contact with the homeowner and discussed getting a permit and building a home on the property. As of
12/1/09 the property is still in violation.
Dr. Ingersol confirmed that building a permanent structure will make the violation go away. Animals were not
allowed on the property without a permanent house being built, and not allowed to roam freely.
Drawings of the proposed residential structure were submitted. Mr. Foster said they are applying for a permit, they
are waiting for a survey which is needed for a septic permit, and are in the process to meet the St. Lucie County
Building Code requirements. The septic permit is needed first and then they can apply for the building permit with
the survey. Discussion ensued on the process.
Mr. Bunt said the violation was ongoing since 12/11/08, and they appeared before the Board in February, 2009,
and given eight months to comply and nothing was started.
Ms. Soldevilla explained as a permanent Tennessee resident she was unable to sell her home, she needed funds
to start building and had debts, she has used insurance money to come up with the money to begin building. She
reminded the Board she called Code staff before she was cited about the violation.
?
Ms. Monahan made a motion in reference to Case #61360 that the Code Enforcement Board continue this
case until the CEB meeting April 7, 2010.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #63351, Location of Violation, 800 Kanner Drive, Fort Pierce, Fl., Property Owner, Edgar Mendoza, S/A.
No one was present to represent Mr. Mendoza.
Mr. Fowler submitted three photos dated 7/15/09 through 12/1/09. This case first came before the October, 2009
CEB meeting and found in violation of Section 1-9-19-Abandoned property, unserviceable vehicles, etc., (remove
outside storage of items and building materials such as plywood and debris from the property) and Section 1-9-
32(D) Public Nuisance – (excessive overgrowth). Found in default, a compliance date of 11/6/09 was issued. As
of 12/1/09 the property remains in violation. Mr. Fowler said there were reports of squatters on the property.
?
Ms. Monahan made a motion in reference to Case #63351 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, and the report of staff that the
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CODE ENFORCEMENT BOARD December 2, 2009
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 November 7, 2009, with the maximum
fine not to exceed $5,000.00. A cost of $125.00 shall be imposed as the cost of prosecuting this case.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #63450, Location of Violation, 2800 Tall Pine St., Fort Pierce, Fl., Property Owner, Gerald L. and Kimberly
J. Kraaz, S/A. No one was present to represent the property owners.
Mr. Fowler submitted three photos dated 7/24/09 through 12/1/09. This case first came before the October, 2009
CEB meeting and found in violation of Section 8.00.05 – Swimming Pools (secure the swimming pool
immediately, temporary fencing may be used for up to 90 days – fence must be 4 ft., with latching gate or a
screen enclosure around the pool). Found in default, a compliance date of 11/6/09 was issued. As of 12/1/09 the
property remains in violation. Mr. Fowler said there were reports of squatters on the property.
?
Ms. Monahan made a motion in reference to Case #63450 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 November 7, 2009, with the maximum
fine not to exceed $5,000.00. A cost of $150.00 shall be imposed as the cost of prosecuting this case.
** Mr. Hofmann seconded and the motion carried unanimously.
I. REPEAT VIOLATION HEARING: None
J. FINE REDUCTION HEARING:
th
Stephen Caro, Case #55327, 2307 North 47 St., Fort Pierce, Fl. Violation – Section 1-9-32(D) – excessive
overgrowth. Foreclosure.
th
The following individuals were sworn in by Ms. Walls: Edward Rchard, 1930 78 Ave., Vero Beach, Fl, and tenant
thth
Milton Hall, 106 S. 19 Court, Apt. #8. Attorney Joann Galipault of the Law of Marshall Watson, 1800 NW. 49
St., Suite 120, Fort Lauderdale, Fl, 33309, represented the property owners.
Mr. Bunt reviewed the case, it was brought to the Board and found in default at the Fine Hearing and the fine
topped out because the property sat there vacant. After the foreclosure the photos showed how much progress
they made in cleaning up the property and coming into compliance. Staff agreed to bring it to the Board for a fine
reduction because of the amount of work that went into the property.
Ms. Swartzel said her most recent inspection indicated the property was in excellent condition and she agreed the
violations were all abated.
Mr. Richard, the real estate agent provided additional information about the listing and cleaning up the property.
?
Ms. Monahan made a motion in reference to Case #55327 that the Code Enforcement Board make the
following determination: the fine of $10,000 imposed by the Code Enforcement Board is hereby reduced
to zero “0”. The cost of $125.00 for prosecuting the case shall not be reduced and must be paid within 30
days of this Fine Hearing or the fine will revert back to the original fine of $10,125.00.
** Mr. Hofmann seconded and the motion carried unanimously.
Mr. Richard questioned the sums. He was advised to meet with Ms. Walls for payment and that she would get the
paper work ready for the Title Company.
Case #48364, Bermuda Beach LLC, 256 Bermuda Beach Drive, Fort Pierce, Fl., Violation – Section 13.00.01 –
Building Code Article 103.5, Unsafe Building or System, and Section 13.09.00 – Exterior Maintenance, Article
305.2, Protective Treatment.
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CODE ENFORCEMENT BOARD December 2, 2009
Russell Payne, Contractor, 1765 Commerce Ave., Vero Beach, Fl., was sworn in by Ms. Walls.
Dr. Ingersoll advised the County was recommending the fine be reduced to zero “0”, that Mr. Payne did his due
diligence and went above and beyond to correct the violations in a timely manner.
Mr. Bunt reviewed the case originally handled by Officer Zervos, which started out as a sealed up, open structure
and they were trying to rehab the structure and got into “catch 22’s” in permitting because of the amount of
renovations being made. Mr. Payne contacted Mr. Bunt bi-weekly to discuss his progress and Mr. Bunt advised
him to finish the structure and come back to the Board, pull all the permits and it closed out the violations they
had.
?
Ms. Monahan made a motion in reference to Case #48364 that the Code Enforcement Board make the
following determination: the fine of $10,000 imposed by the Code Enforcement Board is hereby reduced
to zero “0”. The cost of $125.00 for prosecuting the case shall be reduced to zero, the total fine is
reduced to zero “0”.
** Mr. Hofmann seconded and the motion carried unanimously.
K. REHEARING OR RECONSIDERATION HEARING: - None
L. OTHER BUSINESS: Ms. Kathryn Mackenzie-Smith commented on Dr. Ingersoll giving proper guidance
on Florida’s Governing Sunshine Law, to look at it, and if there are any questions to bring them back at
the next meeting to be addressed.
M. STAFF BUSINESS: Seasons Greetings, a Merry Christmas and a Happy New Year were wished to all.
N. PUBLIC COMMENTS: - None.
ADJOURN:
There was no further business and the meeting was adjourned at 10:50 a.m.
_____________________________ ______________________
Dr. Dale Ingersoll, Chairman Date
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