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Home My WebLink AboutAgenda 04-07-2010 CODE ENFORCEMENT BOARD HEARING COMMISSION CHAMBERS - ROGER POITRAS ANNEX APRIL 7, 2010 9:00 A.M. A. CALL TO ORDER B. PLEDGE TO THE FLAG C. ROLL CALL OF CODE ENFORCEMENT BOARD MEMBERS D. APPROVAL OF MINUTES OF: MARCH 3, 2010 E. INTRODUCTION OF NEW STAFF F. SWEAR IN STAFF MEMBERS G. CONSENT AGENDA **Unless otherwise stated the Code Enforcement Board will accept and adopt the Consent Agenda as submitted by staff** Rescinding Findings of Fact and Order Imposing Fine/Lien – Michelle Long – Case #53171 Release of Lien – Terry Jones - Case #12572 NOTE: THE NEXT CODE ENFORCEMENT BOARD HEARING WILL BE HELD ON MAY 5, 2010 IN THE COMMISSION CHAMBERS OF THE ROGER POITRAS ANNEX AT 9:00 A.M. ST NOTE: PLEASE TAKE NOTICE THAT ON THE 1 WEDNESDAY OF THE MONTH AFTER THE DATE GIVEN FOR COMPLIANCE, AT 9:00 OR AS SOON THEREAFTER AS MAY BE HEARD, A FINE HEARING WILL BE HELD IF THE VIOLATION IS NOT ABATED BY THE GIVEN COMPLIANCE DATE NOTICE: All proceedings before the St. Lucie County Code Enforcement Board, St. Lucie County, Florida, are electronically recorded. Any person who decides to appeal any action taken by the Enforcement Board at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 1 **STAFF RECOMMENDATION FOR COMPLIANCE DATE IS MAY 7, 2010*** ALL DEFAULT CASES WILL RECEIVE STAFF RECOMMENDATION. ********************** H. VIOLATION HEARING (1) Continued from January 6, 2010 CASE NO. 64254 INVESTIGATING OFFICER: LYNN SWARTZEL TH LOCATION OF VIOLATION: 2110 NORTH 45 STREET, FORT PIERCE, FL 34946 PROPERTY OWNER: JOHN C. AND JOYCE M. CRANKFIELD P. O. BOX 3821 FORT PIERCE, FL 34948 TAX ID: 1431-802-0003-000/3 VIOLATION: SECTION 13.09.00 SLC LDC - EXTERIOR PROPERTY MAINTENANCE CODE – (Article 303.7 - Roofs and Drainage: please obtain a permit to repair or replace the roof) NOV ISSUED: 10-12-09 SERVED: TYPE SERVICE: NTA ISSUED: 12-11-09 SERVED: 12-14-09 TYPE SERVICE: CERTIFIED (2) CASE NO. 64913 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 1100 EAST JOY LANE, FORT PIERCE, FL 34947 PROPERTY OWNER: SAMUEL AND MARIA CAMPOS 15840 WEST TELEGRAPH ROAD SANTA PAULA, CA 93060 TAX ID: 2303-611-0001-000/9 VIOLATION: SECTION 1-9-19 SLC C&CL - ABANDONED PROPERTY, UNSERVICEABLE VEHICLES, ETC. - (outside storage of items and materials such as furniture, junk, appliances, wood, etc. from the property) NOV ISSUED: 01-19-10 SERVED: TYPE SERVICE: NTA ISSUED: 03-08-10 SERVED: 03-12-10 TYPE SERVICE: CERTIFIED 2 (3) CASE NO. 64960 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 4707 SAN DIEGO AVENUE, FORT PIERCE, FL 34947 PROPERTY OWNER: LAFAE N. BACON 711 QUINCY AVENUE FORT PIERCE, FL 34950 TAX ID: 1431-703-0126-00/4 VIOLATION: SECTION 1-9-19 SLC C&CL - ABANDONED PROPERTY, UNSERVICEABLE VEHICLES, ETC. - (outside storage of items and materials such as tires, cardboard, buckets, plywood, etc. from the property and repair or remove any unserviceable vehicles) SECTION 13.09.00 SLC LDC - EXTERIOR PROPERTY MAINTENANCE CODE - (Article 303.2 - Protective Treatment: clean mildew and mold off the home and paint the house) NOV ISSUED: 01-20-10 SERVED: TYPE SERVICE: NTA ISSUED: 03-08-10 SERVED: 03-26-10 TYPE SERVICE: POSTED 3 (4) CASE NO. 64950 INVESTIGATING OFFICER: DANIELLE WILLIAMS LOCATION OF VIOLATION: 7188 SOUTH US HIGHWAY 1, PORT ST. LUCIE, FL 34952 PROPERTY OWNER: ROLAND J. KURUSIS 187 SPRING LINE DRIVE VERO BEACH, FL 32963 TAX ID: 3422-123-0002-000/7 VIOLATION: SECTION 9.01.02(C) SLC LDC - TEMPORARY SPECIAL EVENT PROMOTIONAL FLAGS, BANNERS, AND SIGNS - (please remove the banners for “A Faster PC” or obtain a special event permit) NOV ISSUED: 01-20-10 SERVED: TYPE SERVICE: NTA ISSUED: 03-05-10 SERVED: 03-08-2010 TYPE SERVICE: CERTIFIED (5) CASE NO. 64951 INVESTIGATING OFFICER: DANIELLE WILLIAMS LOCATION OF VIOLATION: 7188 SOUTH US HIGHWAY 1, PORT ST. LUCIE, FL 34952 TENANT/VIOLATOR: A FASTER PC 7188 SOUTH US HIGHWAY 1 PORT ST. LUCIE, FL 34952 TAX ID: 3422-123-0002-000/7 VIOLATION: SECTION 9.01.02(C) SLC LDC - TEMPORARY SPECIAL EVENT PROMOTIONAL FLAGS, BANNERS, AND SIGNS - (please remove the banners for “A Faster PC” or obtain a special event permit) NOV ISSUED: 01-20-10 SERVED: TYPE SERVICE: NTA ISSUED: 03-05-10 SERVED: 03-06-10 TYPE SERVICE: CERTIFIED 4 I. FINE HEARING (1) Continued from February 3, 2010 CASE NO. 54616 INVESTIGATING OFFICER: MONICA BARRIOS LOCATION OF VIOLATION: 21306 GLADES CUT-OFF ROAD, PORT ST. LUCIE, FL 34987 PROPERTY OWNER: BASMATI NIRANJAN 21306 GLADES CUT-OFF ROAD PORT ST. LUCIE, FL 34987 TAX ID: 4221-321-0025-000/8 VIOLATION: SECTION 11.05.01 SLC LDC – BUILDING AND SIGN PERMITS – (Please obtain a permit for the structure behind the house to cover the blocks and windows and obtain a permit for the guest house with screen enclosure) NOV ISSUED: 08-22-07 SERVED: TYPE SERVICE: NTA ISSUED: 08-11-09 SERVED: 08-17-09 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: Fine: $ (Maximum Fine: $5,000.00) Begin Date: January 1, 2010 Prosecution Cost: $ 125.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 5 (2) CASE NO. 64257 INVESTIGATING OFFICER: MONICA BARRIOS LOCATION OF VIOLATION: 7328 COMMERCIAL CIRCLE, FORT PIERCE, FL 34947 TENANT/VIOLATOR: JOSEPH SOTANSKI THERMOFOIL COMPONENTS, INC. 7328 COMMERCIAL CIRCLE FORT PIERCE, FL 34947 TAX ID: 1335-801-0044-000/1 VIOLATION: SECTION 11.05.01 SLC LDC – BUILDING AND SIGN PERMITS – (Please obtain a permit for additional offices to include electricity, plumbing, air conditioning, and any other applicable sub permits) NOV ISSUED: 11-10-09 SERVED: TYPE SERVICE: NTA ISSUED: 12-10-09 SERVED: 12-11-09 TYPE SERVICE: POSTED STAFF RECOMMENDATION: Fine: $ (Maximum Fine: $10,000.00) Begin Date: March 4, 2010 Prosecution Cost: $ BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 6 (3) Continued from December 2, 2009 CASE NO. 58708 INVESTIGATING OFFICER: MONICA BARRIOS LOCATION OF VIOLATION: 1119 NETTLES BLVD., JENSEN BEACH, FL 34957 PROPERTY OWNER: STEPHEN J. DUPEE, SR. 6001 SOUTH KINGS HIGHWAY #209 MYRTLE BEACH, SC 29575 TAX ID: 4502-501-1306-000/3 VIOLATION: SECTION 11.05.01 SLC LDC – 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) NOV ISSUED: 01-13-09 SERVED: TYPE SERVICE: NTA ISSUED: 08-12-09 SERVED: 08-15-09 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $5,000.00) Begin Date: November 7, 2009 Prosecution Cost: $ 125.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 7 (4) CASE NO. 61954 INVESTIGATING OFFICER: DANIELLE WILLIAMS LOCATION OF VIOLATION: 1100 NORTH ROCK ROAD, FORT PIERCE, FL 34951 PROPERTY OWNER: PRIME REALTY CAPITAL LLC 790 HILLBRATH DRIVE LANTANA, FL 33462 TAX ID: 2302-321-0020-000/5 VIOLATION: SECTION 3.01.03(A) SLC LDC – AG-1 AGRICULTURAL – (Please cease storing dumpsters, trailers and portable toilets on the vacant piece of property as it is not permitted in Agricultural, 1 (AG-1) zoning) NOV ISSUED: 02-25-08 SERVED: TYPE SERVICE: NTA ISSUED: 12-15-09 SERVED: 12-16-09 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: IN VIOLATION FOR TWENTY (20) DAYS AT $250.00 PER DAY PLUS $425.00 COST OF PROSECUTION FOR A TOTAL SUM OF FIVE THOUSAND FOUR HUNDRED AND TWENTY FIVE DOLLARS AND 00/100 ($5,425.00). (5) CASE NO. 61957 INVESTIGATING OFFICER: DANIELLE WILLIAMS LOCATION OF VIOLATION: LOT NEXT TO 1100 NORTH ROCK ROAD, FORT PIERCE, FL PROPERTY OWNER: PRIME REALTY CAPITAL LLC 790 HILLBRATH DRIVE LANTANA, FL 33462 TAX ID: 2302-233-0025-000/0 VIOLATION: SECTION 3.01.03(V) SLC LDC – INDUSTRIAL, EXTRACTION – (Please cease storing dumpsters, trailers and portable toilets on the vacant piece of property as it is not permitted in Industrial Extraction zoning) NOV ISSUED: 02-25-08 SERVED: TYPE SERVICE: NTA ISSUED: 12-15-09 SERVED: 12-16-09 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: IN VIOLATION FOR TWENTY (20) DAYS AT $250.00 PER DAY PLUS $425.00 COST OF PROSECUTION FOR A TOTAL SUM OF FIVE THOUSAND FOUR HUNDRED AND TWENTY FIVE DOLLARS AND 00/100 ($5,425.00). 8 (6) CASE NO. 63025 INVESTIGATING OFFICER: DANIELLE WILLIAMS LOCATION OF VIOLATION: 1000 KINGS HIGHWAY, FORT PIERCE, FL 34945 PROPERTY OWNER: SHIRLEY BEMENDERFER (TR) 1402 DELAWARE AVENUE FORT PIERCE, FL 34950 TAX ID: 2313-221-0000-000/6 VIOLATION: SECTION 11.05.00 SLC LDC - PROCEDURE FOR OBTAINING DEVELOPMENT PERMITS - (please bring the property up to code in order to apply for a zoning compliance permit which is required for a storage facility and for parking the commercial vehicles and equipment) NOV ISSUED: 06-08-09 SERVED: TYPE SERVICE: NTA ISSUED: 01-12-09 SERVED: 01-15-10 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $10,000.00) Begin Date: April 2, 2010 Prosecution Cost: $ 150.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 9 (7) CASE NO. 64416 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 3005 CORTEZ BLVD., FORT PIERCE, FL 34981 PROPERTY OWNER: CECIL JEAN-BAPTISTE 3005 CORTEZ BLVD. FORT PIERCE, FL 34981 TAX ID: 2420-421-0003-000/0 VIOLATION: SECTION 1-9-19 SLC C&CL - ABANDONED PROPERTY, UNSERVICEABLE VEHICLES, ETC. - (repair or remove any unserviceable vehicles including boats) SECTION 8.00.03(F) SLC LDC - PARTICULAR PERMITTED ACCESSORY STRUCTURES - (only one piece of serviceable recreational equipment is allowed in the front yard of the home and must be a minimum of five feet from the property line, less than 13 feet tall and parked on a paved surface perpendicular to the road – any/all other pieces of recreational equipment must be parked in the side or back yard - all recreational equipment must also have a valid motor vehicle license or registration – inoperable recreational equipment is not permitted) NOV ISSUED: 11-05-09 SERVED: TYPE SERVICE: NTA ISSUED: 12-09-09 SERVED: 12-11-09 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $5,000.00) Begin Date: March 6, 2010 Prosecution Cost: $ 125.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 10 (8) Continued from January 6, 2010 CASE NO. 64034 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 2110 ST. LUCIE BLVD., FORT PIERCE, FL 34946 PROPERTY OWNER: J. ANDREW SCHMIDGALL 2110 ST. LUCIE BLVD. FORT PIERCE, FL 34946 TAX ID: 1428-602-0043-000/8 VIOLATION: SECTION 1-9-17 SLC C&CL - JUNK, TRASH AND DEBRIS IN RIGHT-OF-WAY (remove all junk, trash and debris from the county right-of-way) SECTION 1-9-19 SLC C&CL - ABANDONED PROPERTY, UNSERVICEABLE VEHICLES, ETC. (junk, trash and debris refrigerator, plastic crates, car parts, and any other outside storage items scattered around need to be removed from the property and repair or remove any unserviceable vehicles) SECTION 8.00.00 SLC LDC - ACCESSORY USES AND STRUCTURES - (remove the trailers and boats from the property as they are accessory uses to a permitted structure) SECTION 8.00.03(F) SLC LDC - PARTICULAR PERMITTED ACCESSORY STRUCTURES - (trailers/RVs are not for housekeeping, living, or sleeping purposes – please disconnect the trailer/RV) SECTION 3.01.03(J) SLC LDC - RS-4 RESIDENTIAL, SINGLE-FAMILY - (please cease running tree trimming business from rs-4 zoned property as it is not a permitted use) SECTION 1-9-32(D) SLC C&CL - PUBLIC NUISANCE – (excessive overgrowth) SECTION 7.10.14(A) SLC LDC - COMMERCIAL VEHICLES AND SEMI- TRAILERS - (the heavy equipment that is being parked or stored on the property must be removed) NOV ISSUED: 09-18-09 SERVED: TYPE SERVICE: NTA ISSUED: 10-13-09 SERVED: 10-15-09 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $5,000.00) Begin Date: December 5, 2009 Prosecution Cost: $ 200.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 11 (9) CASE NO. 64693 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 1008 SHORE WINDS DRIVE, FORT PIERCE, FL 34949 PROPERTY OWNER: SHOREWINDS 1008 LLC c/o SHEPPARD FABER, ESQUIRE P. O. BOX 331972 MIAMI, FL 33233 TAX ID: 1425-701-0003-000/1 VIOLATION: SECTION 1-9-32(D) SLC C&CL - PUBLIC NUISANCE - (excessive overgrowth) NOV ISSUED: 12-10-09 SERVED: TYPE SERVICE: NTA ISSUED: 01-12-10 SERVED: 01-16-10 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $5,000.00) Begin Date: March 6, 2010 Prosecution Cost: $ 125.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 12 (10) CASE NO. 64765 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 2608 BENNETT DRIVE, FORT PIERCE, FL 34946 PROPERTY OWNER: PATSY P. COLLINS 2608 BENNETT DRIVE FORT PIERCE, FL 34946 TAX ID: 1432-807-0050-000/2 VIOLATION: SECTION 13.09.00 SLC LDC - EXTERIOR PROPERTY MAINTENANCE CODE - (the plywood that has been removed from the windows and doors needs to be back up or the windows and doors need to be repaired or replaced as soon as possible to secure the structure) NOV ISSUED: 12-15-09 SERVED: TYPE SERVICE: NTA ISSUED: 01-12-10 SERVED: 01-21-10 TYPE SERVICE: POSTED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $5,000.00) Begin Date: March 6, 2010 Prosecution Cost: $ 125.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ (11) CASE NO. 63546 INVESTIGATING OFFICER: CHRIS COUNSELLOR LOCATION OF VIOLATION: 5606 FORT PIERCE BLVD., FORT PIERCE, FL 34951 PROPERTY OWNER: NICHOLAS J. ANTONAS 411 NORTH US HIGHWAY 1 FORT PIERCE, FL 34950 TAX ID: 1301-604-0153-000/8 VIOLATION: SECTION 1-9-32(D) SLC C&CL - PUBLIC NUISANCE - (excessive overgrowth) SECTON 7.05.09(B) SLC LDC - HOUSE AND BUILDING NUMBERS - (house numbers must be at least 4” in height and visible from the street) NOV ISSUED: 08-06-09 SERVED: TYPE SERVICE: NTA ISSUED: 01-21-10 SERVED: 01-22-10 TYPE SERVICE: POSTED STAFF RECOMMENDATION: Fine: $ 250.00 (Maximum Fine: $5,000.00) Begin Date: March 6, 2010 Prosecution Cost: $ 150.00 BOARD RULING: $ ____________P/D Begin: ______________ Prosecution: $ _________ 13 J. REPEAT HEARING (1) CASE NO. 65329 INVESTIGATING OFFICER: LYNN SWARTZEL LOCATION OF VIOLATION: 2701 NAVAJO AVENUE, FORT PIERCE, FL 34946 PROPERTY OWNER: GILBERTO ARBELO, JR. 2701 NAVAJO AVENUE FORT PIERCE, FL 34946 TAX ID: 1428-702-0911-000/1 VIOLATION: SECTION 7.10.14(A) SLC LDC - COMMERCIAL VEHICLES AND SEMI-TRAILERS - (commercial vehicle being parked/stored on the property must be removed) SECTION 1-20-42 SLC C&CL - COMMERCIAL/HEAVY VEHICLE IN RESIDENTIAL ZONE - (commercial vehicle cannot be parked/stored in residential zone) NOV ISSUED: 03-04-10 SERVED: TYPE SERVICE: NTA ISSUED: 03-08-09 SERVED: 03-09-10 TYPE SERVICE: CERTIFIED STAFF RECOMMENDATION: IN VIOLATION FOR SIX (6) DAYS AT $500.00 PER DAY PLUS $125.00 COST OF PROSECUTION FOR A TOTAL SUM OF THREE THOUSAND ONE HUNDRED TWENTY FIVE DOLLARS AND 00/100 ($3,125.00). K. FINE REDUCTION HEARING L. REHEARING OR RECONSIDERATION HEARING M. OTHER BUSINESS N. STAFF BUSINESS N. PUBLIC COMMENTS 14