HomeMy WebLinkAboutMinutes 05-05-2010
MINUTES OF THE ST. LUCIE COUNTY
CODE ENFORCEMENT BOARD HEARING
May 5, 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
.............................................................................................................................Margaret Monahan
.............................................................................................................................Wes Taylor
.............................................................................................................................Mitchell Williford
Board Attorney .....................................................................................................Jack Krieger
ABSENT
STAFF PRESENT
Assistant County Attorney .....................................................................................Katherine Mackenzie-Smith
Building & Code Regulation Manager ...................................................................Robin Meyer
Building Supervisor ...............................................................................................Ken Arnold
Code Enforcement Supervisor ..............................................................................Dennis Bunt
Contractor Licensing Investigator ..........................................................................Monica Barrios
Code Enforcement Officer ...................................................................................Melissa Brubaker
Code Enforcement Officer ....................................................................................Lynn Swartzel
Code Enforcement Officer ....................................................................................Chris Counsellor
Zone Compliance Officer ......................................................................................Danielle Williams
Board Secretary ...................................................................................................Debbie Isenhour
Board Recorder ....................................................................................................Mary Holleran
* Indicates a motion ** Indicates a vote
*** For the record comment
I. CALL TO ORDER
The Code Enforcement Board meeting was called to order at 9:01 a.m., by Dr. Ingersoll.
II. PLEDGE TO THE FLAG
All those present rose to pledge allegiance to the flag.
III. ROLL CALL
The Board Secretary called the roll and everyone was present except Ms. Monahan who arrived at 9:12 a.m, after
roll call.
IV. APPROVAL OF MINUTES – April 7, 2010
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Mr. Stickles made a motion to accept the minutes of April 7, 2010 as presented
.
** Mr. Hofmann seconded and the motion carried unanimously.
V. SWEARING IN OF STAFF MEMBERS
CODE ENFORCEMENT BOARD May 5, 2010
Dennis Bunt, Ken Arnold, Monica Barrios, Melissa Brubaker, Chris Counsellor, Lynn Swartzel, and Danielle
Williams were sworn in.
VI. CONSENT AGENDA
Rescind Order Imposing Fine/Lien Case No.
Harvey L & Mary R. Jones 32576
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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.
VII. VIOLATION HEARING:
The following cases were removed, withdrawn or abated from the agenda:
Case No. Location of Violation Contractor/Owner/Violator/Name____________
65295 9624 Enclave Circle, Port St. Lucie Robert D. Ferguson, Conceicao Ferguson, S.A
65297 9624 Enclave Circle, Port St. Lucie Treasure Coast Land Clearing INC, 201 Campbell Rd.
Fort Pierce
65294 9624 Enclave Circle, Port St. Lucie Robert D. Ferguson, Conceicao Ferguson, S.A
65296 9624 Enclave Circle, Port St. Lucie Treasure Coast Land Clearing INC, 201 Campbell Rd.
Fort Pierce
65237 Behind Landings Dr., Port St. Lucie Fairway Landings Assn., INC, 4 New Kings St.
MPO #271, Purchase, NY 10577-20000
63898 2603 Essex Dr., Fort Pierce Ida M. McMinns, S/A
rd
64750 1203 S. 33 St. Fort Pierce Bayview Loan Servicing LLC, 4425 Ponce de Leon
th
Blvd., 5, Coral Gables, Fl 33146
rd
64751 1203 S. 33 St. Fort Pierce Evangelistic Pentecoastal Church of the 7 Olives S/A
64913 7701 Lakeland Blvd., Fort Pierce Lillie P. Curry-Gerway, 5308 Citrus Ave., Ft. Pierce
65167 7704 Salerno Rd., Fort Pierce Kurt Runge & Kristen McConnell, S/A
64954 7603 Ft. Walton Ave., Fort Pierce Judith V. Wilson, 408 Lake Point So., Deerfield Beach
VIOLATION CASES HEARD:
***Dr. Ingersoll recused himself from the next two cases and turned the gavel over to Mr. Stickles to chair the
meeting.
Case #63758, Location of violation, 7601 Bayard Rd., Fort, Pierce, Fl., Property Owner, Robert M. Ryan, S/A was
sworn in by Ms. Isenhour.
Companion Case:
Case #63965, Location of violation, 7601 Bayard Rd., Fort Pierce, Fl., Violator, Scott Barber, Scott’s Screen LLC,
191 SW Miller Circle, Port St. Lucie, Fl. No one was present to represent Mr. Barber.
Mr. Counsellor submitted 3 photos 5/3/10. During an inspection on 9/9/09 he found the property in violation of
Section11.05.01 Building and Sign Permits, please obtain a permit for rebuilding the screen room. A compliance
date of 11/13/09 was issued. He has had contact with the owner and discussed ways to correct the violations. An
extension was granted to January 29, 2010. Officer Counsellor spoke with Mr. Ryan yesterday who advised him
that he was working with a contractor to get a permit for the screen. As of 5/4/10 the permit was applied for but
not issued as yet. The property has been inspected 5 times and as of 5/4/10 remains in violation.
Mr. Ryan agreed he was in violation. He said the contractor is getting the permit, and he thought by applying for
the permit he was in compliance. He now understands the permit has to be issued for the screen room and he
was unsure how long it would take for the contractor to get the permit issued.
The Board discussed the amount of time for an extension and agreed on 60 days.
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CODE ENFORCEMENT BOARD May 5, 2010
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Mr. Williford made a motion in reference to Case #63758 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 July 7, 2010 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. Hofmann seconded and the motion carried unanimously.
Mr. Ryan was advised the violation had to be abated by the July 7, 2010 date or a fine would begin for which he
would be responsible.
Companion Case:
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Mr. Williford made a motion in reference to Case #63965 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 July 7, 2010 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. Hofmann seconded and the motion carried unanimously.
The Hall was sounded and Mr. Stickles read the name and number of the case of those not present into the
record:
Case No. Location of Violation Property Owner/Contractor Violator
64097 5203 Matanzas Ave., Fort Pierce Bernice W. Clark S/A
65198 2708 Niagara Ave. Fort Pierce C & S Realty Group LLP (TR)
8362 Pines Blvd. #138, Pembroke Pines, FL
?
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 the violators finding the violators in default and if the violators do
not appear to contest the violation against him/her that the Board adopt the recommendation of staff as
set forth on the agenda.
** Mr. Hofmann seconded and the motion carried unanimously.
VIII. FINE HEARING:
Case #61773, Location of Violation, 623 Beach Ave., Port St. Lucie, F., Property Owner, Glenn & June Ann Rose,
S/A. Representing the property owner, Mr. Jerry Escu, Contractor, 3038 SW Segovia St., Port St. Lucie.
Ms. Barrios submitted photos dated through 2/18/10. This case was heard at the March, 2010 CEB meeting and
found in violation of Section 11.05.01 – Building and Sign Permits, please obtain a permit for the carport turned
into habitable space. On 2/11/09 staff sent a notice of violation to get a permit. A compliance date of 4/11/09 was
issued. Staff received several phone calls requesting extensions and four extensions were granted. On 1/11/10 a
Notice to Appear was sent, and on 2/18/10 the property was posted. The contractor contacted staff on 3/2/10 and
explained they were missing energy calculations to apply for the permit. The contractor has to meet with the
Health Dept. to complete the paper work needed to apply for the permit. As of today the permit has not been
applied for.
Mr. Escu explained he received the project in September and he was not aware of the issues with the survey,
setbacks and the Health Dept. requirement. The application for the permit was rejected because of calculations
for the septic tank and the system. The area is in the process of installing sewer lines and there is difficulty with
the hook ups because some want them and some don’t. The property owners waited to see if they were going to
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CODE ENFORCEMENT BOARD May 5, 2010
connect to the system before going forward for the septic system. Mr. Escu said they had an inspection
yesterday and it should be clear for a septic tank release from the Health Dept. and be ready for the permit.
The Board discussed the inspection. Mr. Escu said it was required from the Building Dept. Dr. Ingersoll explained
that recalculations of the surface of the square footage that was added to the amount of space from the building
addition might increase the size of the drainfield and/or the tank.
Mr. Arnold confirmed Dr. Ingersoll’s comment on the size as the issue. The Board discussed the four extensions
and noted the history of the case, and the effort made to get a permit.
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Mr Fogg made a motion in reference to Case #61773 that the Code Enforcement Board make the following
determination: After hearing the facts in the case, the testimony and report of staff that the violation still
exists and after considering the gravity of the violation, the actions if any taken by the violator to correct
the violation and any previous violation, we make the following determination: A fine of $250.00 per day
shall be imposed for each day the violation exists, starting July 7, 2010 with the maximum fine not to
exceed $5,000.00. A cost of $125.00 shall be imposed as the cost of prosecuting the case.
** Mr. Hofmann seconded and the motion carried unanimously.
Dr. Ingersoll asked to review the inspection information that Mr. Escu referred to and noted it was from All Star
Septic Inspection Service, and had nothing to do with the additional space rating to size the tank, that All Star
can’t certify it. He suggested that Mr. Escu get together with Mr. Sisio in the Building Dept. and Mr. Bunt and to
get all the proper information from the Health Dept. for the septic system. Mr. Bunt indicated that the Health Dept.
was on Milnor Street. Mr. Escu was advised to get all the correct information that will be required before a permit
is issued.
Case #64642, Location of Violation, 780 N. Kings Highway, Fort Pierce, Fl., Property Owner, Kings Highway 80
th
LLC, 1951 NW 19 St., #200, Boca Raton, Fl 33431. No one was present to represent the property owner.
Ms. Swartzel reviewed the case and provided photos dated to April 30, 2009. This case came before the March,
2010 CEB and found in violation of Section 1-9-32, Public Nuisance (excessive overgrowth),1-9-19 – Abandoned
Property, Unserviceable Vehicles,etc, remove all junk, trash and debris, Section 13.09.00 -Exterior Property
Maintenance Article 303.2 (Protective Treatment) (clean the mold and mildew from the exterior and remove all
peeling chipped paint and repaint structure where needed) and Section 13.00.01 – Article 103.5 – Unsafe
structure: – all openings on structure must be secured by repairing or boarding up all broken windows and doors
The case was found in default and given until April 9, 2010 to come into compliance. Ms. Swartzel has not had
contact with the property owner and as of 5/4/2010 the violations still exist.
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Ms. Monahan made a motion in reference to Case #64642 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 violations, we make the following determination: A fine of
$250.00 per day shall be imposed for each day the violation exists starting April 10, 2010 with a maximum
fine not to exceed $5,000.00. A cost of $125.00 shall be imposed as the cost of prosecuting the case.
** Mr. Hofmann seconded and the motion carried unanimously.
Mr. Fogg noted the maximum fine recommended by staff was $10,000.00 and asked if Ms. Monahan
wanted to impose that amount. Ms. Swartzel said the reason for the $10,000.00 fine was because the
property is zoned Agricultural. Ms. Monahan agreed to amend her motion and increase the maximum fine
to $10,000.00.
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Ms. Monahan amended her motion in reference to Case #64642 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 violations, we make the following determination: A fine of
$250.00 per day shall be imposed for each day the violation exists starting April 10, 2010 with a maximum
fine not to exceed $10,000.00. A cost of $125.00 shall be imposed as the cost of prosecuting the case.
** Mr. Williford seconded the amended motion and it carried unanimously.
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CODE ENFORCEMENT BOARD May 5, 2010
Case #64797, Location of Violation, 2301 St. Lucie Blvd., Fort Pierce, Fl., Property Owner, Greenpoint Mortgage
Funding, 2300 Brook Stone Centre Parkway, Columbus, GA 31904.. No one was present to represent the
property owner.
Ms. Swartzel reviewed the case and provided three photos dated 2/6/10 to 4/10/10. This case came before the
March, 2010 CEB meeting and was found in violation of Section 1-9-32(D), Public Nuisance, excessive
overgrowth. The case was found in default and given until April 9, 2010 to come into compliance. She has not
had contact with the property owner. As of 5/4/10 the property remains in violation
?
Ms. Monahan made a motion in reference to Case #64797 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 violations, we make the following determination: violation. A
fine of $250.00 per day shall be imposed for each day the violation exists starting April 10, 2010 with a
maximum fine not to exceed $5,000.00. A cost of $125.00 shall be imposed as the cost of prosecuting the
case.
** Mr. Hofmann seconded and the motion carried unanimously.
Case #64623, Location of Violation, 5804 Shannon Dr., Fort Pierce, Property Owner, Ronald D. Marshall, S/A. No
one was present to represent Mr. Marshall.
Mr. Counsellor reviewed the case and provided five photos dated 11/24/09 to 5/3/10. The case was found in
default at the March, 2010 CEB meeting in violation of Sections 1-9-32(D)-Public Nuisance (remove outside
storage of items and materials such as plywood, ladders, building materials and any additional items) and Section
7.05.09(B) – House and Building Numbers, which has been abated. A compliance date of March 5, 2010 was
issued. The property has been inspected five times and as of 5/4/10 it remains in violation. Mr. Counsellor has
seen some progress, and believed that 80% of the outside storage of items had been removed. He has not had
contact with the property owner.
The Board discussed the amount of progress that had been made and possibly giving more time. Mr. Bunt
explained the timeframe for notification and the starting of the fine.
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Mr. Stickles made a motion in reference to Case #64623 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 violations, we make the following determination: A fine of
$250.00 per day shall be imposed for each day the violation exists starting June 15, 2010 with a maximum
fine not to exceed $5,000.00 A cost of $125.00 shall be imposed as the cost of prosecuting the case.
** Mr. Hofmann seconded and the motion carried unanimously.
IX. REPEAT VIOLATION HEARING:
Case #65482, Location of Violation, 110 Solaz Ave., Port St. Lucie, Fl., Property Owner, James Duncan, S/A.
The Board advised this case had been rescheduled.
K. FINE REDUCTION HEARING: None.
L. REHEARING OR RECONSIDERATION HEARING:
M. OTHER BUSINESS: Mr. Kreiger noted that on the regular agenda Case #64594 was treated as a default,
and it should have been Removed, so there is no default order.
** Mr. Stickles made a motion in reference to Case #64594 that this case was removed and there is no
default order.
** Mr. Fogg seconded and the motion carried unanimously.
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CODE ENFORCEMENT BOARD May 5, 2010
N. STAFF BUSINESS: None
O. PUBLIC COMMENTS: None
ADJOURN:
There was no further business and the meeting was adjourned at 9:50 a.m.
_____________________________ ______________________
Dr. Dale Ingersoll, Chairman Date
_____________________________ _______________________
Mary F. Holleran, Specialist Consultant Date
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