HomeMy WebLinkAboutMinutes 01-06-2010
MINUTES OF THE ST. LUCIE COUNTY
CODE ENFORCEMENT BOARD HEARING
January 6, 2010 - 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
.............................................................................................................................Ralph Fogg
Mitchell Williford
Margaret Monahan
Wes Taylor
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
Contractor Licensing Investigator ..........................................................................Monica Barrios
Code Enforcement Officer ...................................................................................Melissa Brubaker
Code Enforcement Officer ....................................................................................Lynn Swartzel
Code Enforcement Officer ....................................................................................Chris Counsellor
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.
D. APPROVAL OF MINUTES – December 2, 2009
Mr. Stickles made a motion to accept the minutes of December 2, 2009 as presented
.
** Mr. Hofmann seconded and the motion carried unanimously.
E. SWEARING IN OF STAFF MEMBERS
Chris Lestrange, Dennis Bunt, Swendy Ariyanayagam, Mark Fowler, Monica Barrios, Melissa Brubaker, Lynn
Swartzel, Chris Counsellor, and Danielle Williams were sworn in.
CODE ENFORCEMENT BOARD January 6, 2010
F. CONSENT AGENDA
* Mr. Stickles made a motion to approve and accept the cases on the Consent Agenda as presented by
staff.
** Mr. Taylor seconded and the motion carried unanimously.
Request for Violation Hearing (To Have Been) Case No.
Gholam R. Torkaman 63653
Satisfaction of Lien Case No.
Stephen Caro 55327
Request for Partial Release Case No.
Pat Dileo 20020044
G. VIOLATION HEARING:
The following cases were removed, withdrawn or abated from the agenda:
Case No. Location of Violation Contractor/Owner/Violator/Name____________
55468 10725 S. Ocean Dr., Jensen Beach Anthony L. Perla, Roof Concepts, Inc.
62943 7225 Gullotti Pl., Port St. Lucie Chase Coleman & John L. Pointon
63146 335 Hosbine St., Fort Pierce Frank Rossi
63124 7580 S. US #1, Port St. Lucie Impact Signs, Inc., Robert Kelly
63123 4818 Kings Hgwy. Fort Pierce Impact Signs, Inc., Robert Kelly
63025 1000 Kings Hgwy. Fort Pierce Shirley Bemenderfer (TR)
64179 7506 Pacific Ave., Fort Pierce Michael D. & Karen M. Green
64326 3313 Oleander Ave., Fort Pierce The Auto Store, LLC
64328 3313 Oleander Ave. Fort Pierce Charles & Christina A. Ralston
63626 8502 Fort Pierce Blvd., Fort Pierce Mitzi Jones Billings & David Stewart
63544 5612 Fort Pierce Blvd., Fort Pierce William J. Bryant
63546 5606 Fort Pierce Blvd., Fort Pierce Nicholas J. Antonas
63566 7505 Coquina Ave., Fort Pierce Jessica Nicodemo
VIOLATION CASES HEARD:
Case #64257, Location of violation, 7328 Commercial Circle, Fort Pierce, Tenant/Violator, Joseph Sotanski,
Thermofoil Components, S/A. Joseph Sotanski, 7999 Bent Creek Dr., Fort Pierce and Michael Menard, 806
Delaware Ave., Fort Pierce (Architect) were sworn in by Ms. Walls.
Ms. Ariyanayagam submitted photos dated 8/7/07 through 8/6/08. On 10/8/09 Mr. Sotanski was cited for violating
SLC LDC Section 11.05.01 – Building and Sign permits, please obtain a permit for additional offices to include
electricity, plumbing, air conditioning and any other applicable sub permits. A compliance date of 11/9/09 was
issued. Staff has contacted the owners and discussed ways to correct the violation. Staff has been advised that
engineering is working on the project. As of this date no permit has been applied for, but staff is in agreement if
the Board decides to grant additional time. Ms. Ariyanayagam estimated they needed about 60 days for
engineering.
Mr. Sotanski agreed he was in violation. Mr. Menard explained the progress being made, and agreed to an
additional sixty days. Mr. Fogg confirmed they would immediately start after they received the permit.
Page 2 of 9
CODE ENFORCEMENT BOARD January 6, 2010
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Mr. Williford made a motion in reference to Case #64257 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 March 3, 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. Hofmann seconded and the motion carried unanimously.
Case #63283, Location of violation, 3804 Avenue I, Fort Pierce, Property Owner, Willie E. Keith, S/A, was sworn
in by Ms. Walls.
Ms. Swartzel submitted four photos dated 7/8/09 through 1/5/10. During her first inspection on 7/8/09 she found
the property to be in violation of Section 1-9-32(D) – Public Nuisance, excessive overgrowth, Section 7.05.09(B),
House and Building Numbers - required and need to be at least 4" in height and visible from the street, and
Section 13.09.00, Exterior property maintenance, Article 303.2, the exterior walls have discolored, weathered,
chipping paint and needs to be prepped and painted. She has had contact with the property owner. As of 1/5/10
the property remains in violation.
Mr. Keith agreed he was in violation. He is working to correct the problems. He has spoken to Ms. Swartzel to
discuss what he has to do.
* Ms. Monahan made a motion in reference to Case #63283 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 March 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.
th
Case # 64254, Location of violation, 2110 North 45 St., Fort Pierce, Property owners, John C. and Joyce M.
Crankfield, P.O. Box 3821, Fort Pierce. John Crankfield (S/A) was sworn in by Ms. Walls.
Ms. Swartzel submitted 2 photos dated 10/1/09 and 1/4/10. During her first inspection on 10/1/09 she found the
property in violation of Section 13.09.00, Exterior property maintenance, Article 303.7, roofs and drainage, please
obtain a permit to repair or replace the roof. A compliance date of 11/12/09 was issued. She has had contact
with the owner and discussed ways to correct the violations. As of 1/5/10 the property remains in violation.
Mr. Crankfield said he was in partial violation since he was making progress. His plan is to correct the violations
but he needs funds from the government, and he didn’t know how long it would take to get the funds.
Dr. Ingersoll saw a Catch 22 – that he needs financial assistance and Veteran’s funding approval to correct the
violations.
Ms. Jessica Parrish, Housing Manager, St. Lucie County Community Services Dept., was sworn in. She spoke
on behalf of Mr. Crankfield and explained he applied twice, but the house needs to be torn down and rebuilt
before they can build another house, and the roof can’t be fixed. Mr. Crankfield does not want to tear it down and
rebuild. Discussion ensued on the issue of the roof violation. Ms. Mackenzie-Smith noted there were two
standards. Ms. Parrish commented on the procedure for rebuilding. Mr. Crankfield thought when his funding
comes through he will have enough money to repair the roof. Mr. Bunt thought he would need at least 90 days.
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Ms. Monahan made a motion in reference to Case #64254 that the Code Enforcement Board make the
following determination, that this case be continued to the Code Enforcement Board meeting of April 7,
2010.
** Mr. Fogg seconded and the motion carried unanimously.
Page 3 of 9
CODE ENFORCEMENT BOARD January 6, 2010
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
62172 2702 Essex Court, Fort Pierce John L. George & Mary Ellis, 2112 SW Vixen Ct.
Port St. Lucie
64410 5007 Barcelona Ave., Fort Pierce Stan Jackson, S/A
64529 4006 Ave. P, Fort Pierce Eduardo & Maria S. Almodovar, 1172 SW Alcantarra
Blvd., Port St. Lucie
st
63649 1102 Fleetwood Ln., Fort Pierce Edward J. & Renee Rossi, 10720 SW 51 Ct.
Fort Lauderdale, 33328
64310 3801 Arnold Rd., Fort Pierce Vipers Home Mgmt., Inc, PO Box 880776, PSL
63769 5003 Fort Pierce Blvd., Fort Pierce Linda Kirchner & Ryan Harris, 5005 Ft. Pierce Blvd.
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Mr. Williford made a motion in reference to the cases read into the record that the Code Enforcement
Board enter an Order of Finding against these violators finding the violators in default and if they do not
appear to contest the violations against them and that the Board adopt the recommendation of staff as
set forth on the agenda.
** Mr. Hofmann seconded and the motion carried unanimously.
H. FINE HEARING:
The following Fine Hearing cases were abated or removed:
Case No. Location of Violation Contractor/Owner/Violator/Name____________
62276 1840 Kings Hgwy., Fort Pierce Darrian Kelly, S/A
62216 1840 Kings Hgwy., Fort Pierce Field Citrus, Inc, 1950 Copenhaver Rd., Fort Pierce
63809 4601 Sunrise Blvd., Fort Pierce Gadi & Esther Cohen (Foreclosure)
FINE HEARING CASES HEARD:
*** Dr. Ingersoll left the proceedings temporarily and Mr. Stickles chaired the meeting.
Ms. Ariyanayagam advised the next two cases were companion cases. Mr. Krieger advised they be read
separately into the record, with separate motions, indicating staff has to incorporate the same evidence as in the
previous case.
Case #60566, Location of Violation, 3700 Okeechobee Rd., Fort Pierce, Fl., Property Owner, Indian River Oil
Company (S/A), representing Indian River Oil Co, Robert Fender, 1026 Espana Ave., Fort Pierce, Fl., and Barry
st
D. Westmark, P.E., Environmental Consulting & Technology, Inc., 6300 N.E. 1 Ave., Suite #100, Fort
Lauderdale, Fl., were sworn in by Ms. Walls.
Case #62405, 3700 Okeechobee Rd., Fort Pierce, Fl., Contractor/Violator David A. Fender, 4206 Sunrise Blvd.,
Fort Pierce, Fl.
Ms. Ariyanayagam said case #60566 was continued from the CEB meeting of 11/9/09. She provided photos
dated 9/19/08 through 8/3/09. The case was found in violation of Section 11.05.01 A(2)a – Time Limitation of
Building Permits – obtain a new permit or reactivate expired permit #0805-0204 and obtain a final inspection for
the relocated tank containment area. As of today the property remains in violation. Staff recommended allowing
additional time to bring the property into compliance as they had to work with FEPD, under contract to the State.
Mr. Fender stated they were progressing, they should start the landscaping this week, and think it will be
completed within two or three weeks. They will still need to reactivate the permit, and the contractor who has
been awarded the concrete work and the landscaping will be applying for a separate permit.
The Board discussed the amount of time to come into compliance and to eliminate return appearances before the
Board until the permits are reactivated and they are inspected.
Page 4 of 9
CODE ENFORCEMENT BOARD January 6, 2010
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Ms. Monahan made a motion in reference to Case #60566 that the Code Enforcement Board continue this
case until the CEB meeting of April 7, 2010.
** Mr. Hofmann seconded and the motion carried unanimously.
Ms. Ariyanayagam said case #62405 was continued from the CEB meeting of 11/9/09 and staff will incorporate
the same evidence as in the previous case.
?
Ms. Monahan made a motion in reference to Case #62405 that the Code Enforcement Board continue this
case until the CEB meeting of April 7, 2010.
** Mr. Hofmann seconded and the motion carried unanimously.
***Dr. Ingersoll resumed as Chair of the meeting.
Case #58953, Location of Violation, 6715 Deleon Ave., Fl., Property Owner, Kevin W. Hart, 273 Tropic Drive, Fort
Lauderdale, Fl., was sworn in by Ms. Walls
Ms. Ariyanayagam provided four photos dated 11/29/07. This case was brought before the Code Enforcement
Board meeting of 9/9/09 and found in violation to Section 11.05.01 A (2) a, Time Limitations of Building Permits,
(please reactivate and obtain a final inspection for enclosing the garage). A compliance date of 12/31/09 was
issued. As of today the property remains in violation.
Mr. Hart agreed he was in violation, that he had many financial concerns including double permit fees for
enclosing the garage. He has no funds to continue it. In order to come into compliance he will need to put the
garage door back in, and turn it into a garage. He intends to live in it and needs more time.
Mr. Fogg reviewed the history of Mr. Hart purchasing the house and what he was trying to do. After further
discussion the Board agreed to give Mr. Hart an additional 60 days.
?
Mr. Fogg made a motion in reference to Case #58953 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 April 7, 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. Fogg said the reason for the time extension was that Mr. Hart said he was trying to come into
compliance within that timeframe. ***Also, Mr. Fogg restated the maximum fine not to exceed $5,000.00.
** Mr. Hofmann seconded the restated motion and it carried unanimously.
Case #54616, Location of Violation, 21306 Glades Cut-Off Road, Port St. Lucie Fl., Property Owner, Basmati
Niranjan, S/A was sworn in by Ms. Walls.
Ms. Barrios said the case was brought before the October 7, 2009 CEB meeting and found in violation of Section
11.05.01 – Building and Sign Permits (Please obtain a permit for the structure behind the home to cover the
blocks and windows and obtain a permit for the guest house with screen enclosure). Six photos were displayed.
Ms. Barrios provided a review of the violations and the extension of time given by the Board. A permit was applied
for the pole barn on 10/27/09 and the permit for the guest house was applied for on 11/6/09. Both permits are on
pending status waiting for the review comments to be addressed.
Dr. Ingersoll confirmed that what we were asking for was in a coordinated review status. He thought continuing
this for 30 days would give the violator enough time to come into compliance.
The time frame was discussed. The comments and updated information was reviewed. Dr. Ingersoll believed the
comments could be answered in 1 ½ hours.
Ms. Niranjan explained the progress being made with the Engineer.
Page 5 of 9
CODE ENFORCEMENT BOARD January 6, 2010
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Ms. Monahan made a motion in reference to Case #54616 that the Code Enforcement Board continue this
case until the CEB meeting February 3, 2010.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #63168, Location of Violation, 325 SE Verada Ave., Port St. Lucie, Fl., Property Owner, Lance Matias, S/A.
No one was present to represent Mr. Matias.
Ms. Barrios submitted two photos dated 6/23/09 and 11/1/09 and a copy of a letter from the Engineer. This case
first came before the November 4, 2009 CEB meeting and found in violation of Section 11.05.01 Building and
Sign Permits (Please obtain a permit for the wood structure kitchen/barbeque in the back of the property. Found
in default, a compliance date of 11/6/09 was issued. On 10/21/09 Mr. Matias came in to the Building Dept. and
informed him what was required to obtain a permit. The Board gave until 1/5/10 to come into compliance. On
1/4/10 Mr. Matias came into the Building Dept. to apply for the permit, and was advised there was an error on the
plans when he applied and he had to come back. The letter from the Engineer is attached requesting an
additional 30 days. Staff is in agreement with that time extension if the Board grants it.
?
Mr. Stickles made a motion in reference to Case #63168 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 March 3, 2010, 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. Fogg seconded and the motion carried unanimously.
Case #63269, Location of Violation, 1202 Bartow, Fort Pierce, Fl., Property Owner, Tagen S. Boyd, 2502 SE
Acreage Cove, Port St. Lucie, Fl. No one was present to represent the property owner.
Ms. Brubaker submitted three photos dated 7/6/09 through 1/4/10. This case first came before the November 4,
2009 CEB meeting and found in default in violation of Section 1-9-32(D), Public Nuisance, excessive overgrowth.
A compliance date of 7/20/09 was issued. She has not had any contact with the owners. The Property is posted,
it is not in foreclosure. As of 1/5/10 the property remains in violation.
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Mr. Fogg made a motion in reference to Case #63239 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 December 5, 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.
** Ms. Monahan seconded and the motion carried unanimously.
Case #63360, Location of Violation, 393 Midway Road, Fort Pierce, Fl., Property Owner, Pinnacle Commercial
Property, 8600 S. Indian River Drive, Fort Pierce, Fl. No one was present to represent the property owner.
Ms. Brubaker submitted three photos dated 7/15/09 through 1/4/10. This case first came before the November 4,
2009 CEB meeting and found in default in violation of Section 1-9-32(D), Public Nuisance, excessive overgrowth.
A compliance date of 8/6/09 was issued. She has not had any contact with the owners. As of 1/5/10 the property
remains in violation.
Ms. Monahan questioned whether this was a commercial property and if the fine could be raised to $10,000.00.
Dr. Ingersoll believed Pinnacle Commercial was the lender on the property.
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Mr. Fogg made a motion in reference to Case #63360 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 December 5, 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.
Page 6 of 9
CODE ENFORCEMENT BOARD January 6, 2010
Case #63372, Location of Violation, 2409 Tamarind Dr., Fort Pierce, Fl., Property Owner, Martin Mobarak-Prado,
103 Queens Road, Fort Pierce, Fl. No one was present to represent the property owner.
Ms. Swartzel submitted two photos dated 6/4/09 through 1/4/10. This case first came before the November 4,
2009 CEB meeting and found in default in violation of Section 1-9-32(D), Public Nuisance, excessive overgrowth
and Section 8.00.05 – Swimming Pools (pool must be secured by a permitted fence or screen enclosure, please
obtain the proper permit). A compliance date of 12/5/09 was issued. On 12/5/09 the excessive overgrowth was
abated and the area of pool structure was abated. On 1/5/10 the fence permit was obtained. She has had
contact with the owners and as of 1/5/10 the property will be in compliance.
* Mr. Stickles made a motion in reference to Case #63772 that the Code Enforcement Board make the
following determination: After hearing testimony, the facts in the case, and the report of staff regarding
the existence of a violation, we determine the violation has been abated and no fine is imposed.
*** Ms. Monahan seconded. The motion carried 6-1. Mr. Fogg opposed.
Start here Case #64034, Location of Violation, 2110 St. Lucie Blvd, Fort Pierce, Fl., Property Owner, J. Andrew
Schmidgall, S/A, was sworn in by Ms. Walls.
Ms. Swartzel submitted eighteen photos dated 10/20/09 through 1/4/10. This case first came before the
November 4, 2009 CEB meeting and was found in default in violation of Section (s) 1-9-17 – Junk, Trash and
Debris in the ROW, Sec. 1-9-19 Abandoned property, unserviceable vehicles, Sec. 8.00.00 Accessory Uses and
Structures, Sec. 8.00.03(F) Particular Permitted Accessory Structures, Sec. 3.01.03(J) –RS-4, Residential, Single
Family (running a tree trimming business not permitted), Sec. 7.10.14(A) Commercial Vehicles and Semi-Trailers,
and Section 1-9-32(D) Public Nuisance, excessive overgrowth. A compliance date 12/4/09 was issued. Ms.
Swartzel received several complaints from the neighbors, and she has not had contact with the owner. As of
1/5/10 the property remains in violation.
Dr. Ingersoll confirmed none of the violations had been abated.
Ms. Jessica Parrish, Housing Manager, St. Lucie Co. Community Services spoke on behalf of Mr. Schmidgall. If
he is fined he will not be eligible for assistance until he pays the fine. She asked for a 60-day extension to see if
he could get the property cleared, and he could apply, and if approved, they could build him a new house. Mr.
Schmidgall has agreed to go to Ms. Parrish’s office after this meeting to apply.
Mr. Fogg confirmed what had been removed from the property. Mr. Schmidgall explained the progress.
Dr. Ingersoll commented on Mr. Schmidgall running a tree trimming business, and discussed what wasn’t picked
up, and commented that the neighbor’s complaints were valid.
Mr. Bunt said staff had no objection to the extension if the property is cleaned up and he applies and is approved.
Mr. Schmidgall had previously applied and there were problems with back taxes and his following through.
Mr. Stickles suggested keeping the Board updated and to continue this to the April 7, 2010 CEB meeting.
* Mr. Stickles made a motion in reference to Case #64034 to continue this case to the April 7, 2010 Code
Enforcement Board Meeting.
** Ms. Monahan seconded and the motion carried unanimously.
Mr. Fogg stressed the timeframe for eligibility for Mr. Schmidgall. Ms. Parrish explained the process, with the
county program working with federal grant and state money. The Board will receive information from Ms. Parrish
for others who may benefit from the program.
Case #62333, Location of Violation, 13125 S. Indian River Dr., Jensen Beach, Fl., Property Owner, Manuel
Martinez & Barbara C. Labourdette, S/A. No one was present to represent the property owner.
Mr. Fowler submitted two photos dated 4/13/09. This case was continued from the November 4, 2009 CEB
meeting and found in default in violation of Section 11.05.06 Vegetation Permit Required. A compliance date of
1/6/10 was issued. As of today the property remains in violation.
Page 7 of 9
CODE ENFORCEMENT BOARD January 6, 2010
Mr. Bunt explained that Mr. Martinez attended the last meeting, and he did not know why he wasn’t here today.
The cost for clearing the property was $225 and he did not get the vegetation removal permit. He used to be a
land clearer and he understands the requirements.
Mr. Fogg commented that all he needed was that permit, and to give him 30 days and there will be no fine.
Mr. Krieger advised that Orders have to be written and reviewed and what action the Board takes today may not
get to Mr. Martinez in enough time to abate the violation. That they might consider 45 to 60 days to make sure he
receives the information in order to come into compliance.
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Mr. Fogg made a motion in reference to Case #62333 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 March 3, 2010, 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 #62838, Location of Violation, 3307 Delaware Ave., Fort Pierce, Fl., Property Owner, Gregory Glafenhein,
S/A. No one was present to represent the property owner.
Mr. Fowler submitted two photos dated 8/14/09 and 1/5/10. This case first came before the September 9, 2009
CEB meeting and found in default in violation of Section 8.00.01 – Accessory Uses and Structures (a maximum of
2 pieces of recreational equipment, trailers, boats, RVs are allowed on property less than 1 acre-remove
excessive pieces of equipment from the property, and Section 7.10.14(A)-Commercial vehicles and semi-trailers,
please remove from the property as they are not allowed in a residential zone. He has not heard from the owner.
As of 1/5/10 the property remains in violation
The following sections were abated: Section(s) 1-9-19-Abandoned property, unserviceable vehicles, Section
8.00.03-Particular permitted accessory structures –cease living in the RV, and Section 8.02.02 –Particular
Temporary Uses Permitted (cease having garage sales, only 2 per year are allowed).
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Mr. Fogg made a motion in reference to Case #62838 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 $5,000.00. A cost of $150.00 shall be imposed as the cost of prosecuting this case.
** Mr. Stickles seconded and the motion carried unanimously.
Case #61630, Location of Violation, 1007 Copenhaver Road, Fort Pierce, Fl., Property Owner, Paul R. and
Stephanie L. Jacquin, P.O. Box 4343, Fort Pierce, Fl. No one was present to represent the property owner.
Mr. Fowler submitted one photo dated 10/5/09. This case first came before the October 7, 2009 CEB meeting
and found in default in violation of Section 8.00.02 – Dimension and Location Regulations –temporary storage
units/open containers are not permitted on the property without having an open building permit, please obtain a
permit or remove the storage units, and Section 3.01.03(H) – RS-2 Residential, Single Family -2, RS-2 zoning
district does not permit storing building materials, storage containers, heavy/commercial vehicles, please remove
these items). A compliance date of 12/16/09 was issued. As of 1/5/10 the property remains in violation.
Dr. Ingersoll recalled the case, they were going to correct the violation for the storage building, find an attorney
and get the permit for the shed.
Mr. Fowler heard from her yesterday and she said they were working with an engineer and trying to get it done.
Discussion ensued.
Page 8 of 9
CODE ENFORCEMENT BOARD January 6, 2010
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Mr. Fogg made a motion in reference to Case #61630 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 3, 2010, 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. Stickles seconded and the motion carried unanimously.
I. REPEAT VIOLATION HEARING: None
J. FINE REDUCTION HEARING: None
K. REHEARING OR RECONSIDERATION HEARING: - None
L. OTHER BUSINESS:
M. STAFF BUSINESS:
Staff recognized Ms. Swendy Ariyanayagam, who is leaving to take a position in Miami.
Today represented Swendy’s last Code Enforcement Board meeting. The Board and staff wished her good luck
and agreed she would be sorely missed.
Swendy thanked the Board, staff and everyone who has helped her and shown her kindness in her position
during her employment in St. Lucie County.
N.
Derek Harrington, 27 year resident of 1317 Copenhaver Road, Fort Pierce, asked the Board for answers
regarding 1007 Copenhaver Road. The property was brought before a Fine Hearing today (Case#14). Why are
commercial vehicles on this property still tearing up their roads. He photographed vehicles (A-1 Demolition) over
a two week period and caught 10% of their traffic. Why is it still going on when he was assured that this industrial
business was cited and stopped. Can construction debris be stored on public property. This was turned into Code
Enforcement over three years ago. He was told the situation had been resolved, but daily the on-going industrial
operation continues four years later. Why can’t all County residents be treated fairly and equally? He looked
forward to hearing answers and thanked the Board for its help.
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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