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HomeMy WebLinkAboutMinutes August 7, 2013AUGUST 7, 2013 HELD IN THE COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:03 a.m., by Mr. Fogg. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Chairman...........................................................................Mr. Ralph Fogg Vice Chair.........................................................................Mr. Ray Hofmann Board Members....................................................................Mr. Wes Taylor .......................................................................................Mr. Randy Murdock ..................................................................................Mrs. Margaret Monahan .......................................................................................Mr. Brad Currie .......................................................................................Mr. Patrick Campion Board Attorney....................................................................Mr. Jack Krieger IV. APPROVAL OF MINUTES — JUNE 5, 2012 Mr. Currie made a motion to accept the minutes of JUNE 5, 2013 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 Official...................................................................Ken Arnold Code Enforcement Supervisor ...................................................Danielle Williams Code Enforcement Officer .......................................................Melissa Brubaker .......................................................................................Lynn Swartzel .......................................................................................Monica Vargas Barrios . .......................................................................................Edward Roseberry ....................................................................................... Christopher Counsellor County Engineer...................................................................Michael Powley Board Secretary....................................................................Deborah Isenhour Monica Graziani, Ken Arnold, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Edward Roseberry, Christopher Counsellor and Michael Powley were sworn in. 1 VI. CONSENT AGENDA Satisfaction of Fine and Release of Lien Auto Clinic FP, Inc. Case No. 7725 Americhase Corporation Case No. 54809 Joram O. Peterson Case No. 70642 Joram O. Peterson Case No. 92-1196 Robert N. Tucholski Il Case No. 67439 Request for Fine Reduction Hearing Martha M. Harris Case No. 34051 Mr. Taylor made a motion to approve and accept staffs recommendation as presented. Mr. Murdock seconded and the motion carried unanimously. Forthe Record: Consent Agenda Request for a Fine Reduction Hearing —Martha M. Harris Case No. 63546 The Board agreed with staff's recommendation to accept the Request for a Fine Reduction Hearing VIL SEA TURTLE PRESENTATION BY: Kenneth Gioeli Mr. Kenneth Gioeli, University of Florida's Natural Resource Extension agent for St. Lucie County gave a PowerPoint presentation on Sea Turtles. Mr. Hofmann suggested the Board skip ahead to the sea turtles cases on the agenda while the presentation information was still fiesh in the Board's minds. Officer Williams informed the Board that all the cases except one have been removed or abated and that #67 Case No. 74563 on page 35 is the only one to be presented. Case #74563, Location of violation, 10102 S. Ocean Dr., Jensen Beach, FL, Property Owner, Atlantis Condo Bldg A. As no one was present to represent the owner the case was a default. VIH. VIOLATION HEARING: The following cases were removed, withdrawn or abated from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 75390 8602 Paso Robles Blvd., Ft. Pierce Ralph Vaughn 76143 Property next to 8850 Indrio Rd., Ft. Pierce Waterston Community Dev. 76274 5505 Wintergarden Pkwy., Ft. Pierce Brian Fearn 76621 507 N 44°1 St., Ft. Pierce Elliot J. Virgin Sr. 76690 2312 N 51s` St., Ft. Pierce Raymond and Betty J. Coke 76393 6704 Salerno Rd., Ft. Pierce Carl Self 76168 100 Serenata Ct., Port St. Lucie Henry W. Socks and Jeanne D. Socks 76085 100 Celestia Ct., Port St. Lucie Maria Rivera (TR) 75859 5301 S US 1, Port St. Lucie Island Motors 76232 5102 Palm Dr., Ft. Pierce Bank of New York Mellon 75691 426 Tranquilla Ave., Port St. Lucie Brett L. and Jodi Kopp 76153 104 E Alden St., Port St. Lucie Charles D. Rogers 74795 12417 S Indian River Dr., Ft. Pierce Thomas Shriner and Laura Honey 74889 4901 N 49th St., Ft. Pierce Lelia J. Barnes 76640 3105 S 23`a St., Ft. Pierce Guy T. Entertainment Inc 74812 1918 N 50`h St., Ft. Pierce Harry Anderson, Jr. 75849 2001 N 44's St., Ft. Pierce Roselin and Lerius William 75660 32 Sovereign Way, Ft. Pierce David H. and Carolyn N. Gloeckner 75903 2107 N 41" St., Ft. Pierce Adriene Blakely 75744 4706 El Nueva Ave., Ft. Pierce Robert L. and Carolyn A. Johnson 75908 2109 N 41" St., Ft. Pierce Grady Gray and June K. Dunn 75916 306 Rosewood Dr., Ft. Pierce James E. and Lita K. Lange 76407 2203 S 33rd St., Ft. Pierce Amh Greenfield 75701 1718 Edgevale Rd., Ft. Pierce Pamela L. Hess 75806 2008 S 34°i St., Ft. Pierce Melvin A. Gianniny III 72933 206 Nettles Blvd., Jensen Beach Walter E. Beck Jr. and Barbara S. Beck 76279 99 Sheridan Ln, Jensen Beach John B and Candace K Rose 76820 3229 S US Hwy 1, Ft. Pierce Claudia Z. Sargent (TR) 76950 3229 S US Hwy 1, Ft. Pierce Freedom Auto Sales Corp 76825 3307 S US Hwy 1, Ft. Pierce Irene Sitaras (LF EST) 76659 3307 S US Hwy 1, Ft. Pierce Treasure Coast Auto Sales Inc 76987 4405 S US HWY 1, Ft. Pierce 4405 Fort Pierce LLC 76992 5299 S US HWY 1, Ft. Pierce Island Motors Company 76836 5699 S US HWY 1, Ft. Pierce Sharron D. Peterson 77002 5699 S US HWY 1, Ft. Pierce SR Mattress Plush 76835 5675 S US HWY 1, Ft. Pierce Stop and Save Inc 76837 5851 S US HWY 1, Ft. Pierce Ar•igo Fort Pierce LLC 76798 109 Las Olas Dr., Jensen Beach Moonenter LLC 74619 3200 N AlA, Ft. Pierce Sea Palms Condominium Association Inc 74621 4007 N AIA, Ft. Pierce Four Thousand Five LLC 74615 7430 S Ocean Dr., Jensen Beach Sand Dollar Villas Condo B 74616 7400 S Ocean Dr., Jensen Beach Sand Dollar Villas Condo A 74614 8750 S Ocean Dr., Jensen Beach Island Dunes the Admiral Office 74612 9490 S Ocean Dr. A, Jensen Beach Ocean Towers Condo A 74613 9400 S Ocean Dr. (Condo B), Jensen Beach Ocean Towers of Hutchinson Island 74564 9800 S Ocean Dr., Jensen Beach Island Beach Resort Inc 74562 10200 S Ocean Dr. (Office), Jensen Beach Atlantis III By The Sea Condo Assoc. Inc 74557 10820 S Ocean Dr., Jensen Beach Holiday Out Ree Area 74560 10410 S Ocean Dr. (Office), Jensen Beach Hutchinson Island Club Condo Assoc. Inc 74558 10800 S Ocean Dr., Jensen Beach Turtle Reef Condo 1 Inc 74626 10978 S Ocean Dr., Jensen Beach OP Rock Jensen Fee LLC 74556 10978 S Ocean Dr., Jensen Beach Courtyard By Mar•iot Case 413, Case No. 75831 was heard first on the agenda: Case #75831, Location of violation, 6939 Heritage Dr. 2, Port St. Lucie, FL, Property Owner, Robert F. and Wendy S. Machen. Robert F. Machen was sworn in by the Board's Secretary. Officer Brubaker submitted three (3) photos. One (1) dated March 8, 2013, one (1) dated May 22, 2013 and one (1) dated August 5, 2013. She stated during her first inspection on March 8, 2013 she found 6939 Heritage Dr. to be in violation of Section 1-9-19, for outside storage of equipment and Section 11.05.00, for no Zoning Compliance. She issued a Notice of Violation letter and gave a compliance date of March 26, 2013. She stated she has had no contact with the owner and as of August 6, 2013 the property remains in violation. Mr. Machen addressed the Board and stated he did not feel he is in violation and would start with the second finding regarding a zoning compliance, lie stated this is just his warehouse, that he does not run his business out of this address. He stated he has his occupational and business tax license for where he runs his business out of his home. He stated he is using the warehouse for storing things he uses for his business and also stores personal things there. He stated the equipment that is stored there like cement mixer, etcetera, that you see in the picture taken yesterday he has removed and they are operational. He stated that anything behind the warehouse is either a licensed truck or currently licensed , registered trailer with some equipment on it, but it is equipment he uses for his business on a trailer that is registered and parked in a parking spot behind an industrial building and he does not see how that would constitute as exterior storage. He stated he does not have stuff laying around, he tries to clean up as best he can and keep things in order and does not want his neighbor's to be mad at him, but on the other hand there has to be something of reason when he has a business he needs to attend to and have some equipment. Chairman Fogg asked Mr. Machen if everything in the picture such as trucks and trailers are registered. Mr. Machen answered absolutely that there is one truck and three trailers, one is a covered trailer and the other two are flat trailers and all are currently registered. Chairman Fogg asked Officer Brubaker what the zoning is for this. Officer Brubaker answered that the zoning is Commercial General and that in Industrial zoning he can leave his stuff outside, but in Commercial General it has to be in a fully enclosed building. She stated that if he is storing his stuff for the business there he would still need a Zoning Compliance for that. Chairman Fogg asked Mr. Machen if he understood that. Mr. Machen stated you mean to tell me I need a separate Business Tax license to store stuff in a building that he personally owns even though he has a Business Tax Receipt for where he is running his business from. Officer Williams stated that if Mr. Machen decides that he wants to keep the items inside of the building as storage that would be fine, if he is going to have them outside on the property then he would need a Zoning Compliance for storage. Mr. Machen statedjust so I understand properly if I get a St. Lucie County Business Tax License for his business there Officer Williams stated it would still have to be inside. Mr. Machen stated he does not understand why if it is on a trailer it is not allowable and asked what if the items were inside of the fully enclosed box trailer. Officer Williams stated that would be acceptable. Mr. Machen stated he does not understand that. Mr. Currie stated he thought that was an industrial area and asked staff if they had checked. He stated he had worked on a couple of areas in there and thought it was an industrial park. He asked staff if Mr. Machen was to put a cover/tarp over the trailer with the scaffolding would that meet the intent of the code. Officer Williams answered if Mi. Machen wanted to put wood on the sides and fully enclose it that would be fine, but a tarp would not. There was discussion among the board members on where the property is located. Mrs. Monahan addressed Mr. Machen and stated she had heard Officer Brubaker state that she has had no contract with him and informed Mr. Machen that he needed to talk with Officer Brubaker before he comes to the Board and work out some of the questions that he has and why he had not understand. She stated that the Board does not need to be a part of in her humble opinion. Mr. Machen stated in his opinion you are the Board that oversees this and that he received a violation that he did not believe his was violation of and he is not here to be combative. 0 Mrs. Monahan answered that staff is here and is paid to help settle these conundrums with citizens and to help you figure out the rules and to send you to where you are supposed to go to work this out first. She stated that the Board comes in when to settle arguments between the two when you cannot reach any kind of agreement. She stated I am having a real hard time debating an issue with you that you have never discussed with staff before and have had no contact with them. Mr. Machen stated so you are telling me this is my fault. Mrs. Monahan stated no I am telling you to get with staff and discuss why you received the violation and what you can do to mitigate the issue before it gets to the Board. She stated that the Board is an arbitration bunch of volunteers and staff is paid. Mr. Machen stated that he understands and that there is a County ordinance that does say he cannot have outside storage. He stated he read the ordinance and it does not define what outside storage is and stated you are saying that it is up to them to arbitrarily and unilaterally determine what that means. Mrs. Monahan answered no but someone has suggested there is a code violation here and it is their job to notify you that there is an issue in the county rules and regulations. She stated that she has read these books that are the Code Compliance books and they are extremely thick and that she has a college degree and she has to sometimes read them numerous times to understand what they mean and stated that there is no way that she can work her way through this codes without the help of staff that live and breathe these codes. She stated when you have troubles and you have been notified by the County that you have a trouble whether you are guilty or innocent you have been notified that there is an issue you need to contact the staff of this County and ask what is the problem and how do I fix it, not just come to the County volunteer Board and say I have been falsely accused. She stated you do not have a clue as you have not tried to contact them and negotiate anything. Chairman Fogg informed Mr. Machen that he can take care of this with staff and if that cannot be handled then he can come back before the Board and as an arbitrary Board they can make a discussion at that time. He stated so what we are going to do is give you some time today, a couple of months or sixty days to get with staff and work it out. Mr. Hofmann made a motion in reference to Case #75831 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 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 October 4, 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 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. Mrs. Monahan seconded and the motion carried unanimously. Companion Cases Case No. 75860 and Case No. 76832 were heard together. Case No. 75860, Location of violation, 5301 S US 1, Port St. Lucie, FL, Property Owner, Joseph J. Koch (TR). Joseph J. Koch was sworn in by the Board's Secretary. Chairman Fogg recused himself from these two companion cases and passed the gavel to Vice Chairman Mr. Hofmann to reside as Chairman for these two cases. Officer Brubaker submitted three (3) photos, one (1) dated March 11, 2013, one (1) dated June 11, 2013 and one (1) dated August 5, 2013. During her first inspection on March 11, 2013 she found 5301 S US 1 in violation of Section 9.01.02, to obtain a special event permit for the pennants. She issued a Notice of Violation letter and gave a compliance date of March 30, 2013, She stated staff has had contact with the representative and as of August 6, 2013 the property remains in violation. Officer Vargas Barrios submitted four (4) photos, one (1) dated June 11, 2013, one (1) dated July 11, 2013 and two (2) dated August 6, 2013. She stated on June 13, 2013 she sent a Notice of Violation letter to Joseph J. Koch (TR) for 5299 S. US Hwy 1, to obtain a permit for the pennants or to please remove them as this is in violation of the St. Lucie County Land Development Code Section 9.01.02, Temporary Special Event, and Section 7.09.04 General Landscaping Requirements, to please cease parking the vehicles on the grass as this is in violation of the St. Lucie County Land Development Code, with a correction date of June 26, 2013. She stated that on July 12, 2013 a Notice to Appear was sent and staff has had some communication with the representative. She noted as of August 6, 2013 the property remains in violation. Mr. Koch stated he is in violation for having the banners up, but has stopped parking vehicles on the grass. Vice Chairman Hofmann asked staff it that is correct. Officer Vargas Barrios stated vehicles are still parked on grass, but not on the front grass. Mrs, Monahan asked if they are in the right of way, is that the issue Officer Vargas Barrios answered they are parking on the grass. Mrs. Barbieri informed the Board that staff did not site him for parking on the right of way, but for parking on the landscaping, and part of their landscaping is the grass. Vice Chairman Holinann asked Mr. Koch if the vehicles have been parked on the grass in the last 24 hours. Mr. Koch said no. Vice Chairman Hofmann asked staff when the last photo was taken. Officer Vargas Barrios answered August 6, 2013. Mr. Currie asked staff if it is the limousine in the picture that is parked on the grass. Officer Vargas Barrios answered yes. Vice Chair Hofmann asked Mr. Koch if the limousine in the picture is parked on the grass. Mr. Koch said no it is on bricks and it is not his limousine, it is another tenant's limousine. Mrs. Monahan asked Mr. Koch if the limousine is parked on his property and does he own the land. Mr. Koch answered in the affirmative and that the limousine is parked on bricks. There was discussion among the Board and Mr. Koch on the bricks/pavers locations on the property. Vice Chair Hofinann asked Officer Vargas Barrios if she noticed the bricks/pavers when she went out. Officer Vargas Barrios answered no she had not and would have to go out again to verify that. Mr. Koch stated if you look at the property record card back in 2009 you can see there were pennants at that time. Mr. Currie stated while we are waiting for the property record to be brought up he had a question for staff and asked if it was his understanding that staff is in the process of changing the requirements for promotional flags, banners and pennants. Mrs. Graziani answered in the affirmative and stated let me provide a little background on it specifically relating to this case as it is part of the improvement plan where Code Compliance went through and notified all property owners within the U S 1 Coridor relative to parking on the landscaped areas, banners, flags, outdoor storage and staff has had some success with it. She stated we have a few that we are still working with as with this case. She stated Mr. Currie is correct, staff is currently in the process of and will be bringing it forth to the Planning and Zoning Board next week, it is a proposed code amendment related to the sign chapter. She stated staff has found there are difficulties with special event permits that have some restrictions regarding a per parcel limitation. She explained the current restrictions and the proposed changes that would make is easier for businesses to do business marketing. There was discussion among the Board and Mrs. Graziani on the changes and when the proposed effective date will be. Mrs. Graziani stated this is a difficult issue for code to deal with Vice Chairman Hofmann asked staff if Mr. Koch had obtained a special event permit he would not be in violation at this time. Mrs. Graziani stated that is correct he would not and stated the code amendment is still not a permanent fix as there are only certain times in the year that banners, flags and pennants can be flown, and they cannot be left up all year. Mr. Currie asked if there was any way Mr. Koch could get permanent approval for the pennants. Mrs. Graziani answered not at this time. She stated it may come as a recommendation of the Board, but it is not a staff recommendation at this time. There was discussion among the Board, Mrs. Graziani and Mrs. Barbieri on why there are restrictions and time limits on promotional flags, banners, and pennants and why there is an ordinance on them. The Board informed Mr. Koch that he could not leave promotional flags, banners and pennants up year round and that he was not the only business cited for this, there was an article in the newspaper about how staff was going to go all along the US 1 businesses looking for violations. Mrs. Graziani stated all businesses will be treated the same fairly and consistently and if they do not comply they will be brought before the Code Enforcement Board for review. Mr. Koch asked if he could get a permit for the next three months or something like that and then take them down. Mrs. Monahan informed him he would have to get with staff on that. Mr. Currie made a motion in reference to Case #75860 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 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 September 6, 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 I" 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. vi Mrs. Graziani stated there are two addresses on this parcel which is why there are two cases and removed Section 7.09.04 General Landscaping Requirements, to please cease parking the vehicles on the grass as this is in violation of the St. Lucie County Land Development Code from Case No. 76832. Mrs. Monahan made a motion in reference to Case #76832 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 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 September 6, 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 I" 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. Case No.73725, Location of violation, 9413 Horton Av., Ft. Pierce, FL, Property Owner, Raul Boyd (EST). Rhonda Boyd representative for Mr. Boyd was sworn in by the Board's Secretary. Officer Williams submitted two (2) photos, dated August 5, 2013. She stated after receiving a complaint she inspected the property and issued a Notice of Violation on December 17, 2012 for being in violation of Section 1-9-19, for having outside storage, Section 1-9-32, for having excessive overgrowth of grass and weeds and Section 13.09.00, Article 302.7, for having a structurally mrsound carport. She stated she has spoken to the property owner and granted numerous extensions. She stated after getting no compliance, she issued a Notice to Appear on April 25, 2013. She noted as of August 5, 2013, the property remains in violation. Ms. Boyd stated she was trying to get someone to help her with the violations as we speak. She stated she is disabled and does not have any boys to help her correct the violations. Chairman Fogg asked Ms. Boyd if she had any family members who could help her. Ms. Boyd stated that they all live in North Carolina. Chairman Fogg informed Ms. Boyd she was going to have to take care of these violations and asked how much time she thinks she will need. Ms. Boyd answered if she could get thirty more days because she is working on it now. Mrs. Monahan made a motion in reference to Case #73725 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 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 October 31, 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 V 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. Mrs. Monahan informed Ms. Boyd that she chose October 31, 2013 for a reason and stated she wanted to give her time to get the carport torn down and wondered if there was not some church group or volunteer group that would come and help her. She stated she does not know how she would find these groups but hopes there are some who can help her. Mr. Murdock seconded and the motion carried unanimously. Case No. 65507, Location of violation, 10700 Okeechobee Rd., Ft. Pierce, FL, Property Owner, Jeffrey F. Scitturro. Jeffrey F. Scittmro was sworn in by the Board's Secretary. Officer Vargas Barrios submitted three (3) photos, one (1) dated August 11, 2008, one (1) dated April 20, 2010 and one (1) dated July 26, 2013. She stated on April 9, 2010 a Notice of Violation letter was sent to Jeffrey Sciturro the owner of 10700 Okeechobee Rd. to please obtain a permit for enclosing the pole barn with a correction date of May 10, 2010. She stated the owner has contacted staff and extensions were granted. She stated that on March 27, 2012 the permit was applied for and while in the permitting process an extension was granted until February 7, 2013 for the permit to get issued. She noted as of April 2013 the Building Department did not have any more communication with the owner regarding the permit. She stated on July 9, 2013 a Notice to Appear was sent and as of August 6, 2013 the property remains without an issued permit. She noted this is in violation of St. Lucie County Land Development Code Section 11.05.01. Mrs. Graziani stated Mr.Scitmro has been in touch with staff and had some outstanding fees to pay on his permit. She stated he came in last week and paid his plan review fee and staff is winking with his engineer/architect on the building and he has plans to resubmit the plans as there were comments and stated at this time she feels he is working in good faith with the County in moving forward and obtaining this permit and the recommendation at this point from staff would be a sixty day time frame. Mr. Currie asked if that would be enough time. Mrs. Graziani stated it is possible he might need more time, but at that point she would like Mr. Sciturro to come back to the Board if necessary and both Mr. Sciturro and she can advise the Board of the progress. Mr. Currie asked Mrs. Graziani if she was asking the Board to table this. Mrs. Barbieri, Assistant County Attorney informed the Board that staff is asking the Board to do a sixty day time frame as the Board can see the initial violation was in 2010, so staff would like to have Mr.Scitmro back before the Board at a Fine Hearing and if he is working with staff they would present that and request that the Board give him more time. Chairman Fogg asked Mr.Sciturro if he had any comments. Mr.Seitunro stated he was complying and has actually resubmitted after the comments. He stated this is the second go around and it has taken quite a bit to address the comments. Mr. Murdock made a motion in reference to Case 1165507 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 violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. H the Order of Enforcement is not complied with by November 6, 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 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. 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 76142 7701 Belmont Ave., Ft. Pierce Bonnie L. Mock 76584 Lot behind 2243 N 25" St., Ft. Pierce Jimmy L. Williams 75195 8608 Brookline Ave., Ft. Pierce Frank T. Pfenmiger (EST) 76114 5408 E Echo Pines Cir., Ft. Pierce BlackGolden LLC 76024 737 Altura St., Port St. Lucie Jultane Neristan 75408 1202 Bartow St., Ft. Pierce Russell T. Kohuth 75917 351 Solaz Ave., Port St. Lucie Marr Development of Central FL Inc 74910 5830 Whipoorwill Ln., Ft. Pierce ERM Investment Group LLC 77202 4002 Avenue L, Ft. Pierce Willie M. West and Michele Pettway 75646 207 N. 39t' St., Ft. Pierce Linda G. Talley 74864 200 El Mar Unit 104, Jensen Beach Treasure Coast Drywall Repair 76297 200 El Mar Unit 104, Jensen Beach Gitterdone Home Improvements Inc 76830 4405 S US Hwy 1, Ft. Pierce Jumbo Auto and Truck Plaza 76962 3343 S US Hwy 1, Ft. Pierce Aztec Graphix Group 76833 5555 S US Hwy 1, Ft. Pierce Wallace Cadillac Pontiac LLC 74563 10102 S Ocean Dr., Jensen Beach Atlantis Condo Bldg A Mr. Taylor made a motion in reference to the cases read into the record that the Code Enforcement Board enter an Order of Finding against the violator finding the violator in default and if the violator does not appear to contest the violations 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. XL FINE HEARING: Case No. Location of Violation Property Owner/Contractor/Violator 75044 5707 Place Lake Dr., Ft Pierce J P Morgan Chase Bank 74802 7500 Winter Garden Pkwy., Ft Pierce The Bank of NY Mellon 73646 113 Prima Vista Blvd., Port St. Lucie Autozone Stores Inc. 74255 5800 Hickory Dr., Ft Pierce Gordon Geiger 74922 705 Savannah St., Ft Pierce Eugene Walker 75387 181 Bonita Ct, Port St. Lucie Joseph L. Cantrill 75090 301 Bartow St., Ft Pierce Zachery Taylor 73474 3307 Delaware Ave., Ft Pierce Gregory Glafenhein Case No. 75044, Location of violation, 5707 Place Lake Dr., Ft Pierce, Property Owner, J P Morgan Chase Bank There was no one present to represent the property owner. Officer Swartzel submitted one (1) photo dated August 5, 2013. She stated that 5707 Place Lake Dr. was brought to the May 1, 2013 Code Board and found in default of 1-19-19.5, Registration of Abandoned Real Properties, to register the foreclosure with the county. She noted the Board gave a compliance date of June 7, 2013. She stated she has had no contact with the property owner and as of August 5, 2013 this property still has not been registered with the county. Mrs. Monahan made a motion in reference to Case No. 75044 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. 10 Case No. 74802, Location of violation, 7500 Winter Garden Pkwy, Ft. Pierce, Property Owner, The Bank of NY Mellon. There was no one present to represent the property owner. Officer Swartzel submitted one (1) photo dated August 5, 2013. She stated that 7500 Winter Garden Pkwy. was brought to the May 1, 2013 Code Board and found in default of 1-19-19.5, Registration of Abandoned Real Properties, to register the foreclosure with the county. The Board gave a compliance date of June 7, 2013. She stated she has had no contact with the property owner and as of August 5, 2013 this property still has not been registered with the county. Mr. Currie made a motion in reference to Case No. 74802 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 73646, Location of violation, 113 Prima Vista Blvd., Port St. Lucie, Property Owner, AutoZone Stores Inc. There was no one present to represent the property owner. Officer Brubaker submitted six (6) photos, one (1) photo dated August 24, 2012, two (2) dated August 28, 2012, one (1) dated March 5, 2013, one (1) dated July 25, 2013, and one (1) dated August 5, 2013. She stated that this case was found in violation at the March 2013 Code Board and given until June 8, 2013 to come into compliance. She stated during her first inspection she found AutoZone in violation of Section 7.07.08, Failure To Maintain Stormwater Management System to repair the damage to the drainage. She issued a letter and gave a compliance date of January 31, 2013. She stated she has not had contact with the owner or the representatives since the March Code Board meeting and as of August 6, 2013 the property remains in violation. She noted that the Engineering Department is here to answer any questions. Mr. Powley, County Engineer was sworn in by the Board's Secretary. Mr. Powley addressed the Board and stated that staff attempted to work with AutoZone for several months. He stated they need a permit from the county to access this property and staff hears from them periodically and it sounds like they are going to go forward and make the repairs, but to date nothing has happened. He stated when they are unresponsive, we find ourselves in the worst possible position. He stated this was damaged many, many months ago and we are in the middle of hurricane season as this is August, this is the last thing we want, this is a major drainage way for most of Port St. Lucie on both sides of Prima Vista Blvd., so unfortunately due to lack of response from AutoZone we find ourselves in the worst possible predicament. Chairman Fogg stated we might be able to get their attention. Mrs. Barbieri asked Mr. Powley to give the Board a brief reminder of what the issues are and what we are looking for in compliance. Mr. Powley asked staff to back up to the aerial view. He stated Airoso Blvd. is to the left, Prima Vista Blvd. is to the center of the screen, the four properties there where AutoZone is constructed, they have a storm water pond, they have an asphalt parking lot, they collect storm water per their South Florida permit and it collects in the back of the property and has a pipe that drains into the canal. He stated the canal in the back is what they call a verotta ditch that is a County facility that is very important to the drainage way for all parts of Port St. Lucie. He stated their storm water pond would flow into that when it overflowed into the pond we would be the outfall which is the purpose we serve for several businesses. He stated unfortunately during the last tropical event the storm water pond got blocked and it overflowed the banks and washed all their improvements and pipe down our canal as well as eroding the bank of the canal. He 11 stated they have repaired much of their own property, but now they have to move into the public property and make repairs there. Mr. Hofmann asked if AutoZone had insurance that would help with this. Mr. Powley stated he did not know, but they do have a contractor and engineer and act as if they are going to complete the repairs but have not as yet. He stated when they appeared before the Board in March he thought the Board was very generous with the time they gave them 120 days to repair the damage, but in that time since March he has exchanged one email with their engineer and Don Frank, Engineer with the County who helps him greatly has exchanged probably every two weeks and update, but July 17 was their last email and they have not seen any activity whatsoever. Chairman Fogg stated he would not be surprised if in the next few weeks they get an email from them There was discussion among the Board, Mr. Powley and staff on the damages from the storm, repairs that have been done, what has been permitted and what still needs to be repaired. Mr. Hofmann made a motion in reference to Case No. 73646 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $50,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 74255, Location of violation, 5800 Hickory Dr., Ft. Pierce, Property Owner, Gordon Geiger. There was no one present to represent the property owner. Officer Brubaker submitted four (4) photos, one (1) dated October 29, 2012, one (1) dated April 29, 2013 and two (2) dated August 1, 2013. She noted this case was found in default at the May Code Board and given until June 8, 2013 to come into compliance. She stated that during her first inspection on October 29, 2012 she found 5800 Hickory Dr. in violation of Section 13.09.00, Article 302.7, to repair the fence that has fallen and broken. She issued a Notice of Violation letter and gave a compliance date of December 6, 2012. She stated she has had contact with the owner and discussed the ways to correct the violation. She stated as of August 6, 2013 the property still remains in violation. Mr. Hofmann asked staff if the owner had given a reason as to why he has not repaired it. Officer Brubaker stated the owner stated the tenant has to repair the fence that he is not going to and the tenant states she is not going to repair it. Mrs. Monahan made a motion in reference to Case No. 74255 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 74922, Location of violation, 705 Savannah St., Ft. Pierce, Property Owner, Eugene Walker. There was no one present to represent the property owner. 12 Officer Brubaker submitted three (3) photos, one (1) dated January 8, 2013, one (1) dated April 29, 2013 and one (1) dated August 1, 2013. She stated that this case was found in default at the May 2013 Code Board and given until June 8, 2013 to come into compliance for the record. She stated during my first inspection on January 8, 2013 she found 705 Savannah St. in violation of Section 13.09.00, Article 302.1 for the mold on the home. She issued a letter and gave a compliance of January 31, 2013. She stated she has had no contact with the owner. She stated as of August 6, 2013 the property still remains in violation. Mr. Campion made a motion in reference to Case No. 74922 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case No.75387, Location of violation, 181 Bonita Ct., Port St. Lucie, Property Owner, Joseph L. Cantrill There was no one present to represent the property owner. Officer Brubaker stated that this case was found in default at the May 1, 2013 Code Board and was given until June 8, 2013 to come into compliance. She stated that for the record she is submitting five (5) photos, one (1) dated February 11, 2013, two (2) dated April 29, 2013 and two (2) dated August 1, 2013. She stated during her first inspection on February 11, 2013 she found 181 Bonita Ct. in violation of Section 1-9- 32, for overgrowth, Section 1-9-19, for the unserviceable vehicle and the outside storage of metal and other miscellaneous items and Section 8.00.03, to repair the boat and trailer to make it road worthy. She stated she issued a Notice to Violation letter and gave a compliance date of February 27, 2013. She stated she has had no contact with the owner and as or August 6, 2013 the property remains in violation. Mrs. Monahan asked staff if the windows are boarded up or shuttered. Officer Brubaker answered yes and that no one lives in the house and it is not in foreclosure Mrs. Monahan asked staff if it is abandoned. Officer Brubaker answered yes it is abandoned. Mrs. Monahan stated is this something we should refer this case to the Board of County Commissioners to clean up the stuff shown in the picture in the back and asked staff if the stuff on the trailer is PVC and other things that can blow around. Officer Brubaker answered that yes it is and that it is all in the backyard. Mrs. Monahan asked staff is all the stuff is blown into the backyard. Officer Brubaker answered no that it is all on the trailer in the backyard. Chairman Fogg asked staff is the picture was taken of the backyard from the street behind the house. Officer Brubaker answered yes it was taken from the street behind the house. Mrs. Monahan asked staff if that is tarpaper or brown wood on the house. Officer Brubaker answered that it is siding painted brown and yellow. 13 Mrs. Monahan made a motion in reference to Case No. 75387 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Mrs. Monahan informed Chairman Fogg that she would like to send this case to the Board of County Commissioners as she thinks it very unsightly and dangerous as close to other houses as far as the pictures show. Mrs. Monahan made motion in reference to Case No. 75387 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 violation presents a serious threat to the public health, safety, and welfare and Staff is directed to notify the St. Lucie Comity Board of County Commissions of the conditions. Mr. Murdock seconded and the motion carried unanimously. Case No. 75090, Location of violation, 301 Bartow St., Ft. Pierce, Property Owner, Zachery Taylor. There was no one present to represent the property owner. Officer Brubaker submitted three (3) photos, one (1) dated January 31, 2013 and two (2) dated April 29, 2013. She stated this case was found in default at the May Code Board and given until June 8, 2013 to come into compliance. She stated during my first inspection on January 31, 2013 she found 301 Bartow St. in violation of Section 11.05.01, for a bedroom and bathroom addition without a permit and Section 13.09.00, Article 303.2, to repair the damaged roof. She issued a Notice of Violation letter and gave a compliance date of March 1, 2013. She stated she has had contact with the owner and they discussed the violations. She stated as of August 6, 2013 the property still remains in violation. Chairman Fogg asked Officer Brubaker what was the conversation was with the owner. Officer Brubaker stated he tried to pull a demo permit, it has only been applied for since May 2, 2013 and stated he wants to demolish the additional building there, but stated there has been no activity since that conversation it is still sitting there. Chairman Fogg asked Officer Brubaker when the conversation was. Officer Brubaker stated she believed it was in April. Mrs. Monahan asked how much a demolition permit is Mr. Arnold stated he believes it is around $125.00 Mr. Murdock made a motion in reference to Case No. 75090 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. 14 Case No. 73474, Location of violation, 3307 Delaware Ave., Ft. Pierce, Property Owner, Gregory Glafenhein. There was no one present to represent the property owner. Mrs. Monahan stated before we get into this case she wants to let everyone know that she heard from one of the neighbors via e-mail and she printed out everything that was sent to her and in essence it is the same e-mail that was presented to the Board in memorandum on their desks this morning and she responded to the person that she cannot correspond via e-mail about pending cases and she wanted to inform the Board that she had done that. Officer Fogg stated he believes that the Board is aware of the location and situation for those of us that have been here if he is not mistaken and at this time the Board will ask Officer Williams to go forward. Officer Williams stated for the record she is re -submitting three (3) photos dated August 29, 2013, and submitting two (2) photos dated July 17, 2013 and six (6) photos dated August 5, 2013. She stated this case was brought to the May 1, 2013 Code Enforcement Board and was found in violation of Section 1-9-19 for having an unserviceable vehicle and for having outside storage of items and materials. She noted Mr. Glafenhein was present at the Board meeting and the board gave him until June 3, 2013 to bring the property into compliance. She noted on July 17, 2013, staff met with Mr. Glafenhein on his property and spoke with him about his violations and ways to correct them. She stated she has had no other contact with Mr. Glafenhein and as of Monday, August 5, 2013, the property is still in violation. Chairman Fogg stated that this is so sad, because he has been on the Board for a few years and it seems like this property has come before the Board time and time again. He asked staff if this would not be a repeat violation. Officer Williams stated that there are numerous cases and fines against Mr. Glafenhein, but this one she did not do as a repeat violation. Mrs. Monahan asked Officer Williams why not, why did you choose not to. Officer Williams stated it was a mistake in her error. Mrs. Monahan stated she thinks there is a neighbor here to speak. Mr. Murdock stated he had a question. What is this document given to the Board that states St. Lucie Code Enforcement Board Referral to the St. Lucie County Board of County Commissioners Case No. 65098. Officer Williams stated it is from the neighbor that is in the audience. Mrs. Monahan stated the Board needed to hear from the neighbor as to what the memorandum and documents are that she had given to the Board. Chairman Fogg asked Mr. Krieger if the Board could open it up for the neighbor to speak. Mr. Krieger stated the Board certainly may have her speak. Phyllis Castro, 3405 Delaware Ave., Ft. Pierce was sworn in by the Board's secretary. Chairman Fogg asked Ms. Castro if she was here to speak on Case No. 73474. Ms. Castro stated that is correct. She stated that they had bought their house in 2007 and that she had grown up in this neighborhood and it was a beautiful neighborhood. She stated it had a lot of homeowners and renters pride and they loved it. She stated something happened in 2009 in respect to this particular property. She stated they noticed an accumulation of property in the yard, around the yard and they saw literally truckloads of things coming into the yard, and it started in 2009. She stated she wanted to give a 15 brief history and stated she did a little homework. She stated she went in to the Clerk of Courts and found that Code Enforcement has cases dating back to 2002 for this particular property and then she found another one in 2009 again. She stated in 2010 there was testimony about what was going on and it went from here where she knows one of the City attorneys came in and testified in regards to this property because there are two sets of fencing and asked if we could go back to the aerial of the fencing as it is easier to talk with a picture. Chairman Fogg asked her do you mean the overview. Ms. Castro stated yes the overview that would be great. She stated that there is a chain link fence that goes around the property and then there is a fence within the property. She stated she did not know if he has been cited but the chahi link fence has missing pieces and has been in a state of disrepair for years and the property borders Delaware Ave. and 33`a St. and that is where it is, so there is chain link all the way around it and St. Anastasia Church across fiom it and John Carroll is kind of in St. Anastasia, so you have literally a thousand people that drive by that from other counties and cities every day and look at that property. She stated within the property there is a wooden and she is not going to call it a fence because it is not licensed and it is pieces of wood and that appeared since 2008 and is not legal and she thinks that may have been one of the items that Karen Emerson had discussed that did not make it to the County Commissioners. She stated that it went from here to the County Commissioners and there were several people testifying about it. She stated that in 2010 there were about twenty (20) neighbors that came down from where they all live in the Delaware and Dark Hanmmck area and they all testified, there were people that were ninety years old, the developer of the property himself Pete Peterson, residents in their eighties testifying about the pride they had in this neighborhood and how they need your help in getting that back and that is why she is here. She stated the almost everyone is new on the Board so she does not know if everyone shares the history that is going on with this property. She stated that it went to the Board of County Commissioners and they were very sympathetic and that is what the piece paper everyone has is, the agenda item that went to the Board of Commissioners and what she saw in the document that the Board could see for themselves is the unserviceable vehicles and she thought that had been cleared out but there are still unserviceable vehicles in the yard with tires missing, jacked up. She stated that is ongoing and has be ongoing for years, this is not from May this goes back, there were rugs hanging from the outer fence and the inner fence, she stated when I say rugs I mean room size carpets in the rain. She stated there are tarps all over around the plants and she does not understand why, there are more tarps now, then when they went to Code Enforcement and the County Commissioners. She stated there were thirteen (13) mattresses in the yard she counted them getting rained on and she thinks it was pretty gross. She stated the issue with the fence, the inner fence that is not really properly secured and is illegal, all of this poses a horrible sanitary concern and a health, welfare and safety concern. She stated that additionally what has happened recently is that the owner of the property cut down two (2) mature sable palms and you can see them cut to a stump and the stump next to it and she does not think that is legal to do without a permit, so she hates to see such an accumulation and then to see our beautiful trees being cut down. She stated she kind of wrote a summary and to summarize; the issues are the junk, trash and debris, the outside storage of equipment, there is not only small appliances but large appliances in and throughout the yard, unserviceable vehicles, the chain link fencing continues to be broken, the wood fence is not permitted, the two (2) mature sable palms being cut and the last thing is and she does not see it reoccurring anymore but she wanted to mention that there were ongoing yard sales, and stated that the limit per the County statue is two (2) a year and there were four (4) a week at one point in time and stated that has ceased and she does not see the truckloads of things coming in anymore. She stated that it appeared that was maybe some sort of a way of earning a living and she knows that people are challenged in today's economy. Chairman Fogg stated that those have been here and the Board listening to you today can understand the gravity of this and the only thing that they can do and have been doing, other than as you know they have done is turning it over to the County Commissioners hoping that they would do something and asked Mrs. Barbieri, Assistant County Attorney if she could give them what direction they should take, how does the County feel in this situation. He stated he guesses what he is trying to ask is, is there something else the Board can do that they are not doing 16 Mrs. Barbieri, Assistant County Attorney stated she is not sure and that obviously Code Enforcement code compliance is our primary tool on these cases and it is not effective in every case as you know and as Mrs. Monahan has already stated the Board of County Commissioners does sometimes go in and do clean up and that can be ordered by the Board of County Commissioners. Chairman Fogg stated he guessed what lie was asking with the gravity of the situation and the fact that it has been ongoing for many, many, many years is can that be explained to the County Commissioners in a different manner so they might look at this and understand that if there are any situations, questions or any of the things the Board has given to them that this would be probably be one of the worst. Mrs. Barbieri stated that information if the Board does choose to order staff to take it to the Board of County Commissioners, obviously staff would provide them with the information, the Code Enforcement Board minutes and the Board's position on this so they understand it. Chairman Fogg stated and provide them with the extension of the thought process on this, because he thinks that is what everyone on the Board, along with the lady here before them would like, and it just keeps reoccurring and he does not know how to handle it, and we as the Board do not know how to handle it. He stated as you say their hands are tied, they can only do so many things, but the severity of it when it goes to the Board of County Commissioners should be explained in the manner that this is a severe situation. Mrs. Monahan stated and it is notjust reoccurring it seems to be increasing and in her humble opinion this is nothing more than ajunkyard. Mrs. Barbieri stated that staff will get the minutes from this meeting to attach to the Board meeting so they can read your opinions and comments directly. Mr. Murdock asked Chairman Fogg if the maximum fine of $5,000.00 is a limit that the Board is forced to adhere to. Mr. Krieger, Code Enforcement Board Attorney stated that the maximum fine is a policy that is set by the Board and is not set in stone and the Board certainly does have the discretion if the circumstances warrant to increase that maximum to a reasonable amount. He stated you do not want to get into a situation where a Court of Law could find it excessive. Mr. Murdock stated he is hying to figure out or think of an amount that would encourage and asked Chairman Fogg if he thinks an increased amount would encourage compliance. Chairman Fogg asked staff if there have been fines paid on this. Officer Williams stated no there has not. Chairman Fogg asked never. Officer Williams stated no never. Mrs. Monahan stated but there are several fines on the property that she had read somewhere in all this paperwork, that there are like three or four outstanding violations. Officer Williams stated that is correct. Mrs. Monahan stated and Mr. Glafenhein has not acknowledged them whatsoever. Officer Williams stated that is correct. 17 Chairman Fogg stated he wonders what the total would be for the fines, and would be difficult to find, and maybe it would not even matter. Mrs. Barbieri informed the Chairman Fogg and the Board that staff would put up the property card if that would assist the Board so they could see the value and that the property is also homestead protected so they would have the information for their decision. Mrs. Monahan stated it does matter, that this is a continuation and a habitual violator that he has a handful of violations and is not doing anything with them. Mr. Campion stated he is not dealing with them or paying the fines that have been imposed, so it would not make a difference what the maximum is or how far the Board goes beyond it, it could be a million dollars if he is not paying it, he is not paying it. Mr. Currie stated would we file a lien on the property. Mrs. Barbieri answered yes we would file a lien on the property. Ms. Castro stated there are already two liens on the property that she pulled up on the Clerk of Courts and that it looks like one is for $250.00 dollars and her guess would be that the other one is for $250.00 dollars as well and that was the total liens on the property when she searched the Clerk of Courts because she wanted to see how much be has been hit with as far as liens from St. Lucie County. Mrs. Barbieri stated she was looking at the packet that had been provided by Ms. Castro and the copy of the order is $250.00, this is not the actual order, but our typical fine order is $250.00 per day and to calculate how much it is you have to go into the file and see what the abatement order is and you would calculate $250.00 per day up to the abatement date not to exceed $5,000.00 amount. She stated that atone time the Board did have different amounts when the economy was a little more robust, she thinks that the amount had been increased, but without having the order in front of her she could not say what the exact amount was. Chairman Fogg stated he just thinks that the attention on this case needs to be looked into for whatever resources are available to the County, the Code Board and Code Enforcement should apply towards this particular case here and stated he does not know how much stronger we can do than that. He stated he is just hying to give staff the Board's feeling on this case and it is one that has gone beyond where it should be. Ms. Castro addressed Chairman Fogg and stated that included in their packet is a response from the County that came from the Planning and Development Services and what she found particularly frustrating to be very frank was to receive a letter saying that as you may recall at the October 20, 2010 meeting the Board of County Commissioners required Mr. Glafenhein to clean up his property, a few days later staff determined the property to be in compliance and the case was closed. She stated that this property has never been in compliance, so for her to receive this note and said she shared it with her neighbors and said it was one of those moments that you say what is going on. She stated she feels like she is in a circular motion and she is coming here and she goes to the County Board and then comes back here and then finding out that the case was closed in light of every one of those items the only thing that has changed is in the past four years is in the past week and a half the boat which was one of the large items not allowed was finally moved, but when it comes to every other item that she mentioned specifically nothing has been resolved, so just she does not want that case to be closed, she wants it to show open until it is resolved and she said she does not know how we do that and that is where she needs your support from the department, from the Board, fiom the Commissioners to not close that case until it is resolved, so please show that as an open case and all she can say is ask for your help, and if there is any way she can help, she would be happy to help. Mrs. Monahan stated she had a question for Mrs. Graziani, what did you mean when you wrote that staff determined that the property was in compliance and the case was closed. IN Mrs. Graziani answered that at that point the case had specific violations and those specific violations were resolved and addressed and when that happens a case will get closed. She stated that these items keep coming back. Mrs. Monahan stated and yet this man is never a repeat violator, she stated in her tenure she has never seen him be a repeat violator. Mrs. Graziani stated that may be true. Mrs. Monahan stated she wonders too about your comment additionally staff understands your frustration with the variety of outdoor furniture, garden sculptures and decorations in his yard; however none of these items are a violation of the county's code. Ms. Castro stated she disagrees. Mrs. Monahan stated she tends to disagree also when you have a thousand junky garden sculptures and rusting furniture at what point does that become junk, trash and debris, where it is just willy nilly put all over the property. Mrs. Graziani stated 1 can tall you our code does not specify those types of items as considered to be junk and you can understand staffs position when she says one person treasure is anther's junk. She stated it is a very arbitrary situation. Mrs. Monahan stated is that what the Board is supposed to do, to determine if they think it is junk, trash and debris. Mrs. Graziani stated staff has provided you with specific items that they consider to be trash and debris and those are the items the Board would look at. She stated for staff to go through and pick out every garden statue and chair would not be feasible. Mrs. Monahan stated she was just wondering at what point do we get to junk, trash, and debris. Mrs. Barbieri addressed Mrs. Monahan and stated that it is defined in the code and that is what staff will be looking at and junk means pieces, parts or discarded whole units of metal, rubber, plastic or glass manufactured from either organic and unorganic materials, so staff will be looking at whether it is pieces, parts or whole things and staff will use the code definition. Ms. Castro stated what about the tarps. Mrs. Monahan asked Officer Williams to go back to one of the pictures and stated that we have found other people in violation for lumber stacked like that everywhere before and for unsecured tarps and stated that has been classified as junk, trash and debris before the Board before. She asked Officer Williams to keep moving through the pictures and stated she could not even tell what that there is but it appears to be junk, trash and debris and one of our street signs is up there for heaven sakes. She asked if the truck had been moved, it only has two wheels on the fi-ont and stated that is unsightly, with a leaning fence behind it and cannot begin to tell what that is, but it is trashy. Officer Williams stated that the truck had not been moved as of Monday. Chairman Fogg stated that surely these things were not out there when staff was out there before and reviewed this and stated that he knew they had been there at different times. Mrs. Monahan asked staff if they had any older pictures. Officer Williams stated not with her now. RV Ms. Castro said she did and could email everyone and that never at one time has this yard been cleared Mrs. Monahan stated that she drives by St. Anastasia lately every day and she is overwhelmed by the garbage that is in this guy's yard. She stated he might think it is treasure but it is junk. Chairman Fogg stated that he thinks the Board understands and can go on and on and on and it is not going to get any better and that everyone here understands the gravity of the situation and have tried to convey it to the legal department and staff and asked to please, please if there are any things the Board has missed and not used to please use them whatever they may be and he is only saying this in jest and is looking for a motion. Mr. Hofmann stated before the motion he would like to make one short statement, first of all he would like to give a lot of credit for what Ms. Castro is doing to try and get her neighborhood back to what it was and stated that she has gone through all the motions she can and to a degree the Board and staff has also. He stated what he is wondering if all the fines in the world are not going to change this and he thinks that has already been proven. He stated that as the church and school is right there that what he is wondering is whether a committee could be formed and collectively approach this gentleman as a way to use community support to help him clean the place up and he is positive the neighbors would be willing to get in there roll up their sleeves and do it, and stated he does not think it is going to happen any other way. Ms. Castro stated she does not think that is their place to tell you the truth. Mr. Hofmann stated he understands it is not their place, but what he is saying is it might be the only way to resolve the problem. Ms. Castro stated she does want to make sure that the fencing is noted somewhere in here and it is not, so she would like make sure that moving forward this is an item, the broken chain link fence and the illegal wooden fence is not noted anywhere even though it has come here to Code Enforcement in 2010 and is not in writing. Mrs. Monahan stated you can see it in this photo, the chain link laying on the ground and the wooden fence leaning. Chairman Fogg stated we are going to make a motion here in a moment and asked staff if they should go back out and see if there is something that was missed or night have been missed. Mr. Murdock asked if there was a possibility that there is a health and safety issue amongst all of this. Chairman Fogg stated there is a possibility. Mrs. Barbieri stated if she was correct in her assumption that the Board will be ordering staff to take this case to the Board of County Commissioners then staff will be providing a copy of the minutes outlining everything discussed here and will be asking staff to take some pictures of each item, so the Board will have it in front of them. Chairman Fogg stated we are looking for a motion Mrs. Monahan made a motion in reference to Case No. 73474 that the Code Enforcement Board makes 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 8, 2013 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded the motion. 20 Chairman Fogg asked for a roll call vote on this case. Roll Call Vote: Mrs. Monahan — yes, Mr. Fogg — yes, Mr. Hofmann — yes, Mr. Taylor — yes, Mr. Murdock —yes, Mr. Currie — yes, Mr. Campion —yes. The motion carried unanimously. Mrs. Monahan stated she would like to make a further motion on this case. Mrs. Monahan made motion in reference to Case No. 73474 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 violation 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 conditions. Mr. Murdock seconded. Chairman Fogg stated he wanted to do a roll call vote on this and the reason is because when the County Commissioners know about this, they will know each member of the Board individually feels as positive about this as they can. Roll Call Vote: Mrs. Monahan —yes, Mr. Fogg— yes, Mr. Hofmann —yes, Mr. Taylor— yes, Mr. Murdock — yes, Mr. Currie — yes, Mr. Campion — yes. The motion carried unanimously. Chairman Fogg thanked Ms. Castro for coming before the Board today and stated the Board feels somewhat the same as she does, but it seems the Board's hands get tied and they can only do so much. Ms. Castro stated she wanted to add one tangential issue and said she works with a planner from West Palm Beach and that West Palm Beach is considering changing their code and she thought this was something she should just put out there. She stated that they are following something that was done up North and was very successful and they are considering doing this. She stated that what happens in this case is you attach a lien to a property and if you are not selling your property and are going to live there until you die basically you are not going to ever pay that money unless for some reason you are forced to sell it and then the fees are waived and nobody pays it anyway, However, what they started to do up North and what Palm Beach she hears is considering is, they are saying those liens for Code Enforcement and Code Enforcement only are to be attached to the next year's tax roll instead of to the property. She stated if it is attached to the property taxes and was due next year then people would probably be more apt because they would know they would have to pay it to take care of it. She said she just wanted to say that thinking outside of the box as maybe a way to support our Code Enforcement team because she knows they really, really work hard as can be seen by how many agenda items there are for this meeting and thinks we need to support them as much as we can and thanked everyone for their time and the Board as volunteers. Chairman Fogg thanked Ms. Castro for the information. Mrs. Monahan stated that is an intriguing thought process and thinks it ought to be said to the County Commission, because she does not think the Code Enforcement Board has that ability. X. REPEAT VIOLATION: None. XI. REFERREL TO THE BOARD OF COUNTY COMMISSIONERS None. XH. FINE REDUCTION HEARING None. 21 XIII. OTHER BUSINESS None. IV. STAFF BUSINESS None. XV. PUBLIC COMMENTS Arlene Goodman, 4410 Areca Palm Dr., Ft. Pierce, FL, addressed the Board and stated thank you all for the good work they are doing here today, secondly for what you have been doing to clean up US 1 is making her so very happy, however at the end of West Weatherbee Rd. and US 1 there is a great big Herst sign there. She stated she does not know the name of the people who own it, or if it was brought up today, but they are packing their cars on the edge of the street. She stated that this is a safety hazard as far as she is concerned and if she is making her turn to go south on US 1 coming out of east Weatherbee Rd. anything could jar her attention, a kid on a bike or whatever could easily be running into these particular cars. She stated they are all on the property line where it becomes county property or state property or whoevers property, it is not their property. She stated she does not know what the Board can do to these people. Chapman Fogg stated the Board would get staff to go by and take a look. Mrs. Goodman stated there are cars from there to Midway Rd. and they are not paying any attention whatsoever and she does not care if you are a business out there, you owe it to the people who you are representing in our county to treat that property to benefit the beautify of the area in which you are in. She stated that coming up US 1 towards and into Ft. Pierce is our entryway and she has been here and said it before that you can take the ugliest woman in the world and put a little bit of makeup on her and she becomes the most beautiful woman in the world and that is what is happening and said she can get away with saying that because she is a girl. She asked the Board if there was anything else to be done and this is why she is getting so frustrated with this. Mrs. Monahan stated is it not a legal issue to violate right of way. Mr. Hofmann stated if you were a police officer he would assume and lie does not know if traffic would handle that or not. Ms. Goodman stated they do not handle anything, but she did not mean that disrespectfully and it ought not be there problem to take care of unless there is an accident and then what do you turn around and sue the guy because his cars are in the road and stated if you hear her frustration it is because it never stops. Chairman Fogg stated it is frustration day here on the Board today and told Mrs. Goodman he appreciated her continents. Mrs. Goodman asked Chairman Fogg how can you help me. Chairman Fogg answered that the Board is going to have staff look at it. Mr. Currie stated have we not been helping you and have we not cleaned up other pieces and this is just one that was left out and staff would go out and look at and the Board will have it next month. Mrs. Monahan asked staff if the properties Mrs. Goodman is talking about in the City of Ft. Pierce. Officer Brubaker answered yes that the ones Mrs. Goodman is complaining about are all in the City of Ft. Pierce and staff has called them and made them aware. Mrs. Monahan told Mrs. Goodman that she should call the City of Ft. Pierce. 22 Chairman Fogg stated it has been a long meeting, thanked everyone for their help and adjourned the meeting. ADJOURN: There was no further business and the meeting was adjourned at 11:35 a.m. 23