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HomeMy WebLinkAboutMinutes February 6, 2013FEBRUARY 6, 2013 HELD IN THE COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIItGINIA AVENUE FORT PIERCE, FLORIDA I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:00 a.m., by Mt'. Fogg. IL PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Chahman ............................................................................Mr. Ralph Fogg Vice-Chairman ....................................................................Mr. Ray Hofmamr Board Members ....................................................................Mi•. Wes Taylor .......................................................................................Mi'. Randy Murdock .......................................................................................Mrs. Margaret Monahan .......................................................................................Mi'. Brad Currie Board Attorney ....................................................................Mz'. Jack Krieger IV. APPROVAL OF MIlViTTES -DECEMBER 5, 2012 Mr. Currie made a motion to accept the minutes of DECEMBER 5, 2012 Mr. Murdock seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney ................................... ....................Katherine Barbieri Building and Code Regulation Manager ................... ................... Monica Graziani Building Supervisor ........................................... ....................Ken Arnold. Interim Supervisor ............................................. ...................Danielle Williams Code Enforcement Officer .................................. .....................Melissa Brubaker ................................................................... ....................Lynn Swartzel ................................................................... ....................Monica Vargas Barrios Board Secretary ................................................ ...................Deborah Isenhour Monica Graziani, Ken Arnold, Danielle Williams, Melissa Brubaker, Lynn Swutzel, and Monica Vargas Barrios were sworn in. 1 VL CONSENT AGENDA Satisfaction of Fine and Release of Lien Ebner's Collision Case No. 65638 K & K Properties of Sarasota Inc. Case No. 64233 Madness LP/Rotties Case No. 26191 Raymond Rhoat Case No. 17038 Request for a Prosecution Cost Reduction Healing Marcel Bergeron Case No. 72847 Request for a Rehearing or Reconsideration Hearing Samuel B. Lewis Case No. 72779 Rescind of Findings of Facts, Conclusion of Law, and Order Lee Sage Case No. 73676 Request for a Fine Reduction Hearing Daisy Olivo Case No. 35994 Daisy Olivo Case No. 21871 John Williams Case No. 58542 Mr. Currie made a motion to approve and accept staff s recommendation as presented. Mr. Hofmann seconded and the motim~ carried unanimously. For the Record: Consent Agenda Request for a Prosecution Cost Reduction Hearing -Marcel Bergeron Case No. 72847 The Board agreed with staffls recommendation to deny the Request for a Prosecution Cost Reduction Hewing. Request for a Rehearing or Reconsideration Hearing -Samuel B. Lewis Case No. 72779 The Board agreed with staffls recommendation to deny the Request for a Rehearing or Reconsideration Hearh~g Rescind of Findings of Facts• Conclusion of Law, and Order -Lee Sage Case no. 73673 The Board agreed with staff s recommendation to accept the Rescind of Findings of Facts, Conclusion of Law, and Order Request for a Fine Reduction Hearing -Daisy Olivo Case No 35994 The Board agreed with staff s recommendation to accept the Request for a Fine Reduction Hewing Reauest for a Fine Reduction Hearing- Daisv Olivo Case No 21871 The Board agreed with staffls recommendation to accept the Request for a Fine Reduction Hearing Request for a Fine Reduction Healing-John Williams Case No. 58542 The Board agreed with staff s recommendation to deny the Request for a Fine Reduction Hearing VH. VIOLATION HEARING: The following cases were removed, withdrawn or abated from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 73200 5003 Sanibel Ave., Ft. Pierce David Com'an 73233 7302 Cihns Park Blvd., Ft. Pierce Roy A. Robertson 73949 3034 N. I{ings Hwy., Ft. Pierce H and R Packing /Sales CO LLC 74242 3402 Ft. Pierce Blvd., Ft. Pierce Danny Bottino 73761 7409 Laguna Rd., Ft. Pierce Joe L. and Emma J. Mitchell 73465 7002 Bayard Rd., Deryck Lane 72564 2606 Bennett Dr., Ft. Pierce Betty Doe 73429 2901 Sheraton Blvd., Ft. Pierce Oliver and Ali C. McPherson 73428 107 Hilton Dr., Pt. Pierce Edith G. McClain 73524 2908 I{ingsley Dr., Pt. Pierce Eugene and Joyce Brown 72581 100 Pahn Breezes Dr., Ft. Pierce Centex Homes 74283 6007 Tangelo Dr., Ft. Pierce Andrew and Anne McLaird 73193 104 S. Naranja Ave., Port St. Lucie Andres and I{elly Hernandez 74169 110 Entrada Ave., Port St. Lucie Enrique and Deba•ah Duprey 74200 256 Airoso Blvd., Port St. Lucie Jose E. Guiten'ez 74063 5807 Indian River Dr., Ft Pierce Linden Marine Construction Inc. 73449 2305 Tunarind Dr., Ft. Pierce Adamark Properties LLC Case #32, Case No. 73686 was heard first on the agenda: Case #73686, Location of violation, 218 Evergreen Blvd., Stuart, FL, Propet•ty Owners, Charles and Rosemary Viera Tedder. Charles Tedder, 218 Everglades Blvd., Stuart, P. was sworn by the Board's Secretary. Officer Vargas Barrios submitted one photo dated February 1, 2013 and a copy of aerial of the property. She noted on September 17, 2012 she issued a Notice of Violation letter for being in violation of Section 8.00.03(F), Particular Permitted Accessory Structures. She explained that two recreational equipment is allowed on the property such as boats, RVs, or trailers. She also cited the property for Section 7.10.14(A), Commercial Vehicles and Semi-Trailers to remove the commercial vehicle from the properTy. She gave a compliance date of October 12, 2012. She stated that the commercial vehicle has been abated. On October 10, 2012, Mr. Tedder contacted Staff to request an extension. She granted him aforty-five days extension to November 30, 2012. On December 3, 2012, Staff received a message from Mr. Tedder to inform Staff he was working on resolving the issue. On December 18, 2012, Staff contacted Mr. Tedder to ask for the status. No one was there so Staff left a message on his voicemail. After not receiving any more communication with Mi•. Tedder, Staff issued a Notice to Appear letter on January 3, 2013. She noted that Staff has been working on the case for fom• months. Mr. Tedder stated he does not believe he is in violation. He thanked Officer Barrios for working with hhn. He stated two vessels are not boats because he is working on rebuilding them and they u'e not registered. He placed a "For Sale" sign on one and he will be moving the other one in his garage so that he could work on it. The Chairman asked Mr. Tedder to explain to the Board what they are seeing in the pictures. Mr. Tedder explained there is a trailer further north and the boat behind the trailer has been put on the trailer and is now on the side yaz'd with a "For Sale" sign on it. He has a seventeen boat under consfruction. He noted it is not a boat but a hull. He stated he will be placing it in the garage. Mr. Tedder submitted pictm'es to the Board. The Chairman asked Staff if it would be considered as on recreation equipment if he placed a boat on a hailer. Staff answered in the affirmative. Mr. Tedder stated he has three. The Chahman asked Mr. Tedder if the boats belonged to him Mi•. Tedder answered in the affirmarive. Officer Vargas Barrios stated that Mr. Tedder has four recreational equipment. One he will be placing in the garage, one for sale on a trailer, one in the front, and one in the back. She explained that once he places the one in the garage and sells the other one, he would be incompliance. The Chairman asked Mr. Tedder if he is tvnnhtg a business. Mi'. Tedder answered no. Mrs. Monahan asked Mr. Tedder how long it would take him to sell the boat. Mr. Tedder answered he does not know. Mrs. Monahan made a motion in reference to Case #73686 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimmty, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occm• and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by May 1, 2013, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the let 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. Taylor seconded and the motion carried unanimously. Default Cases: The Hall was sounded and Mr. Hofmann read the name and number of the case of those not present into the record: Case No. Location of Violation Property Owner/Contractor/Violator 73724 2416 St. Lucie Blvd., Ft. Pierce Joy Chauncey 72592 4803 Grovers Rd., Ft. Pierce Tamnry Santana 73763 159 Viudale Ave., Ft. Pierce Joseph and Helen Sabinsky 73755 5213 Bowling Green Dr, Ft. Pierce Ricardo Pellott and Sara Bruzzese 72898 2214 N. 45`h St., Ft Pierce Richard Walker, Jr. and Vickey L. Walker 73295 3407 Ave O, Ft. Pierce Dean Bryan 73432 2706 Walker Dr., Ft. Pierce Elise Brunson 73769 2603 Essex Dr, Ft. Pierce Ida M. McMinns 73456 4006 Greenwood Dr., Ft. Pierce Chris Fleitman 73316 2110 Jacobs Rd., Ft. Pierce Jerry Sauers and Kevin Sauers 74227 151 El Sito Ct., Port St. Lucie Argelia Quiroga 74361 170 Bonita Ct, Port St. Lucie James L. Preston (Est.) 74437 6015 Rainh'ee Tr, Ft. Pierce Shawn Maesel 66140 5210 Sunset Blvd., Ft. Pierce Thomas H. Vinson Mr. Taylor made a motion in reference to the case read into the record that the Code Enforcement Board enter an Order of Finding against the violator finding the violator in default mid if the violator does not appear to contest the violation against him/her that the Board adopt the recommendation of staff as set forth on the agenda. Mr. Murdock seconded and the motion carried unanimously. VIII. FINE HEARING: Case No. Location of Violation Property Owner/Contractor/Violator 68326 8414 S. US 1, Port St. Lucie Lakes Plaza LLC 68325 8414 S US 1, Port St. Lucie Tabernacle of Praise 72847 1900 Bell Ave., Ff. Pierce Marcel F. Bergerson 73485 Waterstone Pairoel L-11, Ft. Pierce Waterstone Community Dev. 73235 7604 Paso Robles Blvd., Ft. Pierce Balbina and Jose A. Cruz 72909 205 Abeto Lane, Port St. Lucie Ralph Lestingi and Adamo Paletta 73676 138 N. Naranja Ave., Port St. Lucie Lee D. Sage Case #72655, Location of vio]ation, 2505 N. 43"~ St., Ft. Pierce, Property Owner, Sursatie Hastu. There was no one present to represent the property owner. Officer Williams submitted one photos dated May 25, 2012, two photos dated December 4, 2012, and two photos dated February 4, 2013. She noted on May 29, 2012, she cited the property for being in violation of Section 1-9-32(D), Public Nuisance, for having overgrowth of grass and weeds, Section 11.05.01, Building and Sign Permits, for not having a permit for the installation of the windows, and Section 13.09.00, Exterior Property Maintenance Code, Article 301.3, Vacant Structures and Land, for having an open and unsecured structure. She gave a compliance date of June 12, 2012. After receiving no compliance, she brought the case before the December 5, 2012 Code Enforcement Board meeting. The Board found the property in default and gave a compliance date of June 4, 2013. She noted that as of today, she had no contact with the property owner and the property is still in violation. She stated the property is not in foreclosure. Mr. Hofmann made a motion in reference to Case No. 72655 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 January 5, 2013 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried nnanimously. Case #72668, Location of violation, 8003 Cifrus Park Blvd., Ft Pierce, Property Owners, Margarito and Christian Ramirez. There was no one present to represent the property owners. Officer Swartzel resubmitted one photo dated September 5, 2006, and submitted two photos dated December 6, 2012 and February 5, 2013. She noted the case was brought to the October Code Board and found in violation of Section 11.05.01, Time Limitation of Building Permits, to reactivate permit #0705- 0198 for the addition to the single family residence. She stated the Boud gave a compliance date of December 7, 2012. She and Officer Williams met with Mr. Ramirez on December 6, 2012 to inspect the property and to verify what work was completed. After meeting with Mr. Ramirez, Staff and Mr. Ramh'ez determined that he could update his permit to include the front enfrance mrd windows. As of February 5, 2013, the permit has not been reactivated and the property is still in violation. Mr. Taylor made a motion in reference to Case No. 72668 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 December 8, 2012 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case #73661, Location of violation, 7304 Deland Ave., Pt Pierce, Property Ownet, Judith V. Graziosi. There was no one present to represent the property owner. Officer Swartzel submitted three photos. One photo dated October 29, 2012 and two photos dated February 5, 2013. She noted the case was brought to the November 7, 2012 Code Board and found in default of Section 1-9-32(D), for having overgrowth. She had no contact with the property owner. She noted the property is not in foreclosure and as of February 5, 2013, the property is still in violation. Mrs. Monahan made a motimt in reference to Case No. 73661 that the Code Enforcement Board make the following determinatimt: After hearing testimony, the facts in the case, and the repm•t of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by flte violator to correct the violatimr and any previous violatimns, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting December 8, 2012 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case #72046, Location of violation, 1351 Nettles Blvd., Jensen Beach, Property Owner, Vivien D. Jarvis. Vivien Jarvis, 1351 Nettles Blvd, Jensen Beach, was sworn in by the Board's Secretary. Officer Vargas Ban•ios submitted three photos. Two photos dated March 21, 2012 and one photo dated November 2, 2012. She noted the case was brought before the November 7, 2012 Violation Hearing and found in violation of Section 11.05.01, Building and Sign Permits by default. On March 22, 2012, she issued the Notice of Violation letter to obtain a permit for the enclosing the screen porch and making it a habitable space and to include any elecfrical work. She gave a correction date of April 23, 2012. On March 29, 2012, a conic actor contacted Staff to inquhe what is needed to obtain a permit. Staff had a plans examiner infm'med him what was required. On June 16, 2012, the plans examiner informed Staff that the property owner contacted him and explained what is needed to obtain the permit. On September 13, 2012, a Notice to Appear was issued. After the Code Bou'd meeting, Ms. Jarvis contacted Staff who explained to her that she missed the violation hearing and what she needed to do to obtain a permit. On January 28, 2013, Ms. Jarvis applied for the permit. She noted that Staff is requesting for the case to be continued because the permit is in house. Mrs. Monahan made a motion in reference to Case No. 72046 that the Code Enforcement Board cmrtinues this case to the Code Enforcement Board meeting of March 6, 2013. Mr. Taylor seconded and the motion carried unanimously. IX. REPEAT VIOLATION Case #74962, Location of violation, 7807 Holopaw Ave., Ft. Pierce, Property Owners, John L. and Anne M. Hill. There was no one present to represent the property owners. Officer Swartzel submitted two photos. One photo dated January 14, 2013 and one photo dated February 5, 2013. She noted the property was originally brought before the Board on February 2, 2011 and found in violation of Section 1-9-19 for having outside storage. On January 14, 2013, she found the property again in violation of Section 1-9-19 so she issued a Repeat Notice to Appear. On February 1, 2013, she received a voicemail from the property owner who stated she will have the property in compliance over the weekend. On February 5, 2013, she reinspected the property and found it in compliance. She noted the property was in violation for twenty-one days. The Board discussed the property being incompliance and if they should imposed a fine. Mr. Krieger advised the Board that because this is a repeat violation, they should fine the property in violation but do not impose a fine. Mr. I{rieger made a motion on behalf of the Board which Mrs. Monahan moved. In reference to Case No. 74962, that the Code Enforcement Board make the following determination: After hearing the facts in this case, the testimony, and the report of Staff that the violation previously committed has been repeated, and having considered the gravity of the violation, the action, if any, taken by the violator to cm•rect the violation and any previous violations, we make the following determinatimt: The violation has been abated and no fine or prosecution cost has been imposed. Mr. Carrie seconded and the motion carried unanimously. X. REFERREL TO THE BOARD OF COUNTY COMMISSIONERS Case #74969, Location of violation, 6204 Deleon Ave., Ft Pierce, Property Owners, Warren D. and Renae Kallio Herruninger. There was no one present to represent the properTy owners. Officer Swartzel submitted three photos dated February 5, 2013. She noted the property has been in foreclosure for over duee years and she has received numerous complaints for the overgrowth which is in violation of Section 1-9-32. She stated that Staff is asking the Board to refer this case to the Board of County Commissioners for abatement. Mrs. Monahan made a motion in reference to Case #74969 that the Code Enforcement Board makes the following determination: Afrer 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 condition caused the violation presents a serious threat to the public ltealtlr, safety, and welfare and Staff is directed to notify the St. Lucie County Board of County Commissions of the conditions. Mr. Taylm• seconded and the motion carried unanimously. Case #74968, Location of violation, 8408 Ft Pierce Blvd., Ft Pierce, Property Owners, Emory J. Bailer, II and Jennifer Bailer. There was no one present Yo represent the properly owners. Officer Swartzel submitted fom' photos. Two photos dated January 7, 2013 and two photos dated February 5, 2013. She noted the property has been in foreclosure for two years. She stated the properly owners have been maintaining the property, however, in May 2012 the property owners stopped maintaining the property which is in violation of Section 1-9-32 for having overgrowth. She stated that Staff has been receiving numerous complaints from the neighboring properties which is why Staff is asking the Board to refer this case to the Board of County Commissioners for abatement. Mrs. Monahan made a motion in reference to Case #74968 that the Code Enforcement Board makes the following determination: Afrer hearing the facts in this ease, the testimmry, and the recommendations of staff with regard to the existence of a violation that we determine the condition caused the violation presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lueie County Board of County Commissions of the conditions. Mr. Taylor seconded and the motion carried unanimously. Case #74732, Location of violation, 380 Midway Rd., Ft Pierce, Property Owner, Midway Commercial Park LLC. There was no one present to represent the property owner. Officer Brubaker submitted four photos. One photo dated December 21, 2012, two photos dated January 23, 2013, and one photo dated February 5, 2013. She noted the property was cited for Section 1-9-32 for having overgrowth. She noted the property has been in foreclosure since Juue 2011. Staff has received numerous complaints on the property which is why Staff is asking the Board to refer this case to the Board of County Commissioners for abatement. Mrs. Monahan made a motimr in reference to Case #74732 that the Code Enforcement Board makes 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 condition caused the violatimr presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lucie County Board of County Commissions of the cmrditions. Mr. Currie seconded and the motion carried unanimously. XI. FINE REDUCTION HEARING Case #19744, Location of violation, 6002 Pahn Dr., Ft Pierce, Property Owners, Bruce A. and Janet H. Scheeley. Fitte Reduction requested by Grey Grouper LLC. Jennifer Schmidt was sworn in by the Board's Secretary. Ms. Sclunidt noted they purchased the property in June 2012 and at that time the property was a gang hangout. They cleaned the property up and repaired it but the cost was more than they thought. There are tenants in the house now so they would like to do more repairs. The realtm' told her that once they fixed the house up they could come before the Board to ask for a reduction hearing. Discussed was made on when the house was stucco. Past and present pictures were presented and it was determined that the house was stucco after the house was cited and before the house was purchased by Grey Grouper LLC. Mrs. Hofmann made a motion in reference to Case #19744 that the Code Enforcement Board make the following determination: The fine of $5000. 00 imposed by the Board is hereby reduced to the amount of $1,250.00. The reduced fine must be paid within sixty (60) days or the fine will revert back to the original fine of $5,000.00. Mr. Murdock seconded the motion. Mrs. Monahan and Mr. Currie voted on. The motion carried XII. OTHER BUSINESS XHI. STAFF BUSINESS XIV. PUBLiC COMMENTS Lee Sage, 131 Naranja Ave., Port St. Lucie, FL, approached the podium. He noted he is here for Case No. 73676. Mr. Sage was sworn in by the Board's Secretary. Mrs. Williams explained that the case has been abated. The case was under the Consent Agenda for Request of a Reconsideration which was approved by the Board. Staff told him he did not have to appear before the Boat•d. Mr. Sage stated he was not told he was abated until he was here waiting. He stated he felt his constitutional rights were violated because he did not have the right to face his accuser. He noted the violations did not exist. The Chapman noted that Staff has been doing this for years and have been doing a good job Mr. Sage wanted an explanation as to why fraudulent charges were made against him. Nhs. Monahan explained that the Board is a group of volunteers. She noted that if someone complaints, Staff goes out and investigate the accusation then they decide it there is or is not a violation. A notice is sent to him and he has the rights to come and talk to Staff months ago. If that does not happen, then the case is brought before the Board, which is made up of citizens and volunteers, and they listen to what Staff says and to what the violator say, then they decide who is right. Mr. Krieger explanied that the Board is quasi judicial and they have a procedure that they follow. Mrs. Monahan stated that if he has a complaint about how Staff performed then he needed to go to the Board of County Conunissioners. Mrs. Graziani stated that Mr. Sage would have to follow the chain of command and request a meeting with the manager of the division. She noted that he met with the supervisor and the issues were worked out which is why the case is abated. The violations were accurate and hue liut he is not happy with the process. Richard Allison, 919 Jackson Way, Ft. Pierce, was sworn in by the Board's Secretary. He stated noted he received a violation for Staff which he planned. He planned it because he wanted to modify some behavior 5-om his neighbor across from him. He put in a security camera and a fence fi•om Lowes which could be removed when the grass is being cut. He started this about two years ago so that he could see how long it would take code enforcement to cite him. It took them two years. He noted he understands that this is due to being under staff. He stated he tools his hat off to them because they are doing a good job. He noted the camera and the fence modified everyone's behavior. The neighbors no longer ran over his sprinkler system and the his grass. Samuel Lewis was sworn in by the Board's Secretary. Mx. Lewis noted he did not receive the notice uutil many days after the notice was mailed. He prompt took action and met with Officer Brubaker and it was determine that the tenant caused the violation. He noted that this was the fast time he ever appeared before the Board. Mrs. Williams explained that the case was under the Consent Agenda for a Request for a Rehearing or Reconsideration which was denied by the Board. She stated that the property is in compliance so Mr. Lewis could apply for a Fine Reduction Hearing at a later date. Mavin Bethune, 1806 W. Boothe Dr., Pt. Pierce, was sworn in by the Board's Secretary. Mi. Bethune stated that he is here for Case No. 73456. He wanted to present the Board with a signed petition from the residents opposing the fence to be kept where it is. He stated he does not understand the motion that the Board imposed. He noted he would like to commend St. Lucie County Code Enforcement employees. He has lived here since July 1970 and he has never witness such professionalism. Nhs. Barbieri explained that the Board found the property in violation by default. They have until March 8 to remove the fence. If the fence is not removed by that date, then it would go back before the Board as a fine hearing. Mrs. Monahan stated the letter from the attorney stated that they will be relocating the fence. Mr. Bethune asked the Board if a permit is required for the removal of the fence. Mrs. Graziani answered a permit was not required for the removal but a permit is requhed for the relocation of a new fence. She noted that Staff will contact the attorney to inform him that a permit is requhed for the relocation. ADJOURN: There was no further business and the meeting was adjourned at 10:15 a.m. 10