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HomeMy WebLinkAboutMinutes September 4, 2013SEPTEMBER 4, 2013 HELD IN THE COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIliGINIA AVENUE FORT PIERCE, FLORIDA CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:00 a.m., by Mr. Foee. II. PLEDGE TO THE FLAG All those present rose to pledge a1leQiance to the flaft. III. ROLL CALL PRESENT Chah'man ......................................... ..................................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 >v. APPROVAL OF MINUTES -AUGUST 7, 2012 Mr. Hofmann made a motion to accept the minutes of AUGUST 7, 2013 Mr. Taylor 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 Swailzel ................................................................... ....................Monica Vargas Barrios ................................................................... ....................Edward Roseberry ................................................................... ....................Christopher Counsellor Board Secretary ................................................ ....................Deborah Isenhow' Monica Graziani, Ken Arnold, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Ban'ios, Edward Roseberry, and Christopher Counsellor were sworn in. VI. CONSENT AGENDA Reauest for Fine Reduction Hearin Victor F. Loth, Jr. Case No. 71594 BAC Home Loans Case No. 67547 Rescind of Request for Fine Reduction Martha M. Harris Case No. 34051 Satisfaction of Fine and Release of Lien Martha M. Harris Case No. 34051 Mr. Campim~ made a motion to approve and accept staff s recommendation as presented. Mr. Taylor seconded and the motion carried unanimously. For the Record: Consent Agenda Reauest for a Fine Reduction Hearine- Victor F. Loth. Jr Case No 71594_ Request for a Fine Reduction Hearine -BAC Home Loans Case No 67547_ The Board agreed with staff's recommendation to accept the Request for a Fine Reduction Hearing VII. VIOLATION HEARING: The following cases were removed, withdrawn or abated from the agenda: Case No. Location of Violation Contractor/OwnerNiolator/Name 73167 705 N 35` St., Ft. Pierce Raul M. and Mariela A. Ruiz 71485 7123 S US I, Port St. Lucie Port St. Lucie Plaza I, II, III LLC 71486 7123 S US 1, Port St. Lucie Bayshore Club 75622 6059 S US 1 Lot 17 Port St. Lucie S & H Business Inc 76493 479 SE Sandia Dr., Port St. Lucie Lisa Roth and Steven Buttel 76873 10110 S US 1, Port St. Lucie 10-100 Holdings LLC 76983 10110 S US 1, Port St. Lucie Signs Of The Time 76955 7995 S US 1, Port St. Lucie EMGI LLC 76856 7995 S US 1, Port St. Lucie Spanish Multiservice Center 77037 5400 S US 1, Ft. Pierce C and O Properties Ltd 76918 5400 S US 1, Ft. Pierce Coggin Acura 76920 5250 S US 1, Ft. Pierce Midway Motors 76923 3500 S US Hwy 1, Ft. Pierce The Trading Post 76978 5990 S US 1, Ft. Pierce Cast-Stone International Cotp 76915 5990 S US 1, Ft. Pierce Greenwise Landscape Nursery 76113 7502 Ocala Ave., Ft. Pierce Michael S. and Catherine Behr 75406 5677 St. Lucie Blvd., Ft. Pierce I{F LLC 76314 2421 Keen Rd., Ft. Pierce Calico Amalgamated Properties LLC 76679 700 Fra Mar Pl., Ft. Pierce Tif-Sofl-II R LLC 76787 10975 S Ocean Dr., Jensen Beach VSH Realty Inc 76825 3307 S US Hwy 1, Ft. Pierce Irene Sitaras (LF EST) 76959 3307 S US Hwy 1, Ft. Pierce Treasure Coast Auto Sales Inc 76404 5102 Juanita Ave., Ft. Pierce Randy and Marcelina Dias 75748 2208 N 45`n St., Ft. Pierce Wilfred L. Cox 77420 3531 Eleven Mile Rd., Ft. Pierce David O. and Melody D. Greenlaw 76136 3402/3404 Avenue F, Ft. Pierce Willie J. and Melissa Lee Case #4, Case No. 74116 was heard fast on the agenda: Companion Cases Case No. 74116 and Case No. 74117 were heard to¢ether. Case #74116, Location of violation, 7444 S US 1, Port St. Lucie, PL, Property Owner, Ti Ti Properties LLC. There was no one present to represent the property owner. Officer Williams informed Chairman Fogg that in the Board packets there is a continuation letter requesting a continuation from the landlord on both of these cases. Mr. Currie stated he had a question and asked staff if after reading the letter have they cancelled their lease at this facility and they have found another property in Port St. Lucie or is he reading it wrong, so why should it be continued. Officer Williams answered that the tenant will be moving out at the end of the month which is why she wants a continuation. Mrs. Monahan stated and when she moves out this case goes away. Officer Williams answet~ed in the affrmative that when she moves her case will be closed. Chairman Fogg asked staff that if she does not move out it comes back to the Board. Officer Williams answered in the affirmative that the case would come back before the Board on October 2, 2013. Mrs. Monahan made a motion in reference to Case #74116 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on October 2, 2013. Mr. Currie seconded and the motion carried unanimously. Case No. 74117, Location of violation, 7444 S US 1, Port St. Lucie, FL, Property Owner, The Genesis School. There was no one present to represent the property owner. Mrs. Monahan made a motion in reference to Case #74117 that the Code Enforcement Board continues this ease to the Code Enforcement Board meeting on October 2, 2013. Mr. Currie seconded and the motion carried unanimously. Case No.76118, Location of violation, 5502 E. Seminole Rd., Ft. Pierce, FL, Property Owner, Vera E. David. James Wetherlll representative for Ms. David was sworn in by the Board's Secretary. Officer Swartzel submitted two (2) photos, one (1) dated Apri15, 2013, and one (1) August 26, 2013. She stated during her fust inspection on April 5, 2013 she found 5502 E. Seminole Rd. to be in violation of Section 11.05.01, Building and Sign Permits, to obtain a permit for the new carport. She issued a Notice of Violation letter and gave a compliance date of May 8, 2013. She stated that she has had contact with the property owner and discussed ways to bring the property into compliance. She stated on August 23, 2013 she posted the property with a Notice to Appear and as of September 3, 2013 this property still remains in violation. She stated the property owner is here to ask for more time. Mr. Wetherill stated he has acquired an architect and should get the ball rolling soon. He stated this is not an easy process. Ivfls. Monahan asked Officer Swartzel if she was concerned about the whole strucwre or just the add-on to the left of the existing carport. Officer Swartzel answered just the addition Mr. Currie asked staff is there was a size requirement for the carport. Mr. Arnold answered in the negative. Mr. Cun•ie stated soyou could build a five by five dog house and you would need a building permit for it Mr. Arnold stated yes and it depends on what he has there and this definitely requires a permit per the Building Code and has to be wind rated Chairman Fogg asked Mr. Arnold if there was such a thing as a size requirement. Mr. Arnold answered that when it comes to sheds there is some size requirements, but it does not mention dog houses. Mr. Campion asked if the existing cazport was permitted. Mr. Wetherill stated that yes, it did have a permit. Chairman Fogg asked Mr. Wetherill if be was asking for more time. Mr. Wetherill answered in the affirmative that he is requesting another month. Mr. Murdock made a motion in reference to Case #76118 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 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. Hofmann seconded and the motion carried unanimously. Mr. Currie stated he had some questions on the $200.00 prosecution cost and did Mr. Wetherill have to pay that fee and what did it mean. Chairman Fogg answered that when you are in violation and come before the Board there is a prosecution fee. Mrs. Monahan stated that the Board could waive the fee, can it not. Chairman Fogg stated this motion. has aheady been moved and seconded so it would have to be rescinded and a new motion made. Mr. Cun~ie asked when would be the appropriate time to waive the fee. Mr. Krieger. informed the Board that the appropriate time would be now, because the Board decides now whether to impose or not impose the prosecution fee and stated that the fine is another matter. He stated further that the Board is not dealing with a fine at this time they are dealing with a cost which is the distinction. He stated as it stands right now the Board can rescind the motion and make a new motion if they want to entertain waiving the prosecution cost. Mr. Murdock stated he would like to rescind his earlier motion on Case No. 76118. Chairman Fogg asked Mr. Hofmann if he wanted to rescind his second 4 Mr. Hofmann rescinded his second on Case No. 76118. Mr. Currie made a motion made a motion in reference to Case #76118 that the Code Enforcement Bom•d 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 November 6, 2013, a fine of up to $250.00 per day may be imposed. A prosecution cost was not imposed on this case. Please take notice that on the 1st Wednesday of the motttlt 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. There was discussion among the Board and Mr. I{rieger on the procedures they have used in the past and present to impose prosecution costs and Mr. Krieger informed the Board that they could also impose a prosecution cost at the fine hearing if they choose to. He stated that the Board had decided to impose the prosecution cost at the violation hearing as there is a cost imposed by staff for prosecuting cases even if they abate before the Fine hearing. Mr. Murdock seconded and the motion carried. Default Cases: The Hall was sonnded 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 75550 5910 Yucca Dr., Ft. Pierce Deutsche Bank National Trust Company 75591 179 SE Calmoso Dr, Port St. Lucie TD Bank 75990 7502 Lakeside Way, Ft. Pierce Tionne T. Simmons 77056 240 Old I{ey West Pl., Ft. Pierce Aqua Plumbing & Maintenance 76333 3247 S 7°' St., Ft. Pierce Margaret L. Kirkland 76336 3033 Summit St., Ft. Pierce Ky C. Meas 75644 3606 Avenue O, Ft. Pierce Robert L. Cash 75641 1844 Old FFA Rd., Ft. Pierce Maxk L. Sanders 77495 117 Hilton Dr., Ft. Pierce American Pride Properties LLC 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. VIII. FINE HEARING: There were no fine hearing cases to be heard. IX. REPEAT VIOLATION: Case No.7762Q Location of violation, 7604 Paso Robles Blvd, Ft. Pierce, FL, Property Owner, Balbina and Jose A. Cruz. There was no one present to represent the property owner. Officer Swartzel submitted three (3) photos, one (7) dated July 24, 2013, one (1) dated August 3Q 2013 and one (1) dated September 3, 2013. She stated 7604 Paso Robles Blvd. was originally brought to the November 7, 2012 Code Board and found in violation of Sectionl-9-32, Overgrowth. Shestated on July 24, 2013 she inspected the property and found it to be in violation again of 1-9-32, Overgrowth. She issued a Notice to appear for the September 4, 2013 Code Board. She stated she has had no contact with the property owner and she did receive a signature confnmation for the Notice to Appear and as of September 3, 2013 this property still remains in violation. Nhs: Monahan asked Officer Swartzel if the notice was signed by one of the owners. Off cer Swartzel answered it was signed by Balbina Cruz. Officer Swartzel stated the owners were maintaining it at one time. Mrs. Monahan made a motion in reference to Case No. 77620 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 previously committed has been repeated considering the gravity of the violafion, the actions if any taken by the violator to correct the violation and any previous violations, we maize the following determination: A fine of $500.00 per day shall be imposed for each day the violation exists starting August 1, 2013 with a maximnm fine not to exceed $5,000.00. A prosecution cost of $200.00 has been imposed. Mr. Murdoch seconded and the motion carried unanimously. X. REFERREL TO THE BOARD OF COUNTY COMMISSIONERS Case No.77791, Location of violation, 3904 Avenue L, Ft. Pierce, FL, Property Owner, James V. Lloyd, Jr. and Jimmy L. Lloyd, Jr. There was no one present to represent the property owner. Officer Roseberry submitted six (6) photos, two (2) dated August 8, 2013, two (2) dated August 27, 2013, and two (2) dated September 3, 2013. He stated 3904 Avenue L was found in violation of Section 1-9-32, Overgrowth. He stated there have been numerous complaints on this property, and staff recommends this be refen'ed to the Board of County Commissioners for abatement. He noted that this property is in foreclosure. Mrs. Monahan asked staff if there is a lien on this property or are there fines accming mr it. Officer Williams answered no there are not as this property is in foreclosure it was never brought before the Board. Mr'. Currie asked staff that when it is cleaned up will there be some kind of fine or lien imposed on the property for the cost of the clean-up. Officer Williams answered there would be no lien because of the fm'eclosure, but there would be a cost. Mr. Currie stated would not the person that owns the property or is buying the property be responsible for that cost. Officer Williams answered once a lien search is done in the future it will show up that there is this cost, but it will not be recorded because the property is in foreclosure. There was discussion among staff and the Board regarding if there is a lien placed on properties referred to the Board of County Commissioners for abatement to cover the cost of abating referred cases and how this is accomplished when a property is in foreclosure. Mr. Currie stated Mrs. Bu~bieri is being very quiet, that he was expecting to hear from her on this Mrs. Barbieri stated that is correct, you cannot file a lien on a property as long as there is a Lis Pendens out there and they have started foreclosure it stops all filing of liens. Mrs. Monahan asked staff how the property owner refunds the county. Mrs. Barbieri answered that when there is a property owner we file the lien and we get paid when it is sold, in this case we keep the cost and when they do a title search we inform them of the cost, but if they do not request a search they will not find it. Mi•. Currie asked who recommending this case be referred to the Board of County Commissioners. Officer Williuns stated staff has received numerous complaints on it so the only option is to go in and cut the grass because of the foreclosmre. She stated normally if there is no foreclosure it would go before the Board and a lien would be placed on the property, but we cannot do that in this case because of the foreclosmre. The Board had questions on the foreclosure procedure. Mrs. Barbieri explained the foreclosure process to the Board. Chapman Fogg stated the Board has questions because cases usually come before them and are fined before it is referred to the Board of County Commissioners, so this is a little different and they are at a little bit of a loss on this. Mr. Currie asked if staff does the clean-up or do we contract it out to a private company. Officer Williams answered we contract it out. Mrs. Monahan made motion in reference to Case No. 77791 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 Cowrty Board of Connty Commissions of the conditions. Mr. Currie seconded and the motion carried unanimously. XI. FINE REDUCTION HEARING None. XII. OTHER BUSIlVESS Mrs. Monahan stated she had some questions of staff on pages sixteen (16) and seventeen (17) of today's Agenda on Section 13.08.00, Standard Housing Code, Glazing, it states all glazing materials shall be maintained free from cracks and holes and asked staff what does that mean. She stated she does not know what glazing is, is it something to do with the windows. Officer Vargas Barrios stated this case is for broken windows. There was discussion among the Board and staff on what glazing is Officer Swartzel addressed Mrs. Monahan and stated that glazing is the different types of glass you use, whether it is tempered, straight pane, or obscure that is what glazing is. Mrs. Monahan said thank you, like double paned windows versus the single pane that is the glazing Officer Swartzel answered yes that it is the different types of materials you use in the window, which is why they call it glazing. The Board thanked her for the information. XIII. STAFF BUSINESS Chairman Fogg stated he had a question and asked staff of those cases that the Board refers to the Board of County Commissioners is there any kind of report that comes back on those cases. Mrs. Barbieri answered that the two (2) that were issued last month were brought to the County Commissioners at last night's meeting. She stated 3307 Delaware Avenue the Board of County Commnissioners continued the hearing until the October 1, 2013 meeting. She stated Mr. Glafenhein was present and the Board of County Commissioners gave him another month to finish cleaning up the property. She stated neighbors were there, they testified and it was a lengthy hearing. She stated that on 181 Bonita Comt no one showed up and the Board of County Commissioners ordered the cleanup. Chairman Fogg asked Mrs. Barbieri if the Board of County Commissioners was going to pursue 3307 Delaware Avenue. Mrs. Barbieri stated they continued it unti16:00 p.m, on October 1, 2013. Chairman Fogg asked being in both meeting did she feel there was concern or is that a hick question Mrs. Barbieri stated the homeowner was there and spoke to the Board of County Commissioners, the Board asked him questions, the neighbors were there and they testified and afterward that was the motion they made to give him another month, the Boazd felt like he had been making some progress, the neighbors said he had made some progress, so they gave him a month. Mr. Currie stated he was at the meeting last night and Commissioner Dzadovsky has been doing some other neighborhood clean ups and saw an opportunity to lend a helping hand to the gentleman that owns that property and he and another Commissioner wanted to give him more time and give him a helping hand. He stated that it appeared that the property had been substantially cleaned up since the last time the Code Board had seen it. XIV. PUBLIC CONIlV)>;NTS Craig Hendershot, 5252 S US 1, Ft. Pierce, FL, of Midway Motors, addressed the Board and showed them a bannerlflag and asked the Board if it was a flag. Chairman Fogg stated it looks like half a flag. Mr. Hendershot stated it represents the American flag as it has fifty stars and thirteen stripes. He stated that he has been told by Code Enforcement that it is indeed not an American flag. He stated he wants some clarification, because the abatement he was sent was on some kind of a card, if it was sent at all and said it was not sent registered mail. He stated he was sent registered mail and threatened with a five hundred ($500.00) dollar fine because this is not an American flag so he would like clarification. Chairman Fogg asked staff for clarification Mrs. Barbieri stated that staff did abate the case and staff is having discussions with different businessmen about the defmition of banners and flags and if staff brings one before the Board it will a factual finding for this Board. She stated all she could tell the Boazd is at this point the case has been abated, not specifically on what Mr. Hendershot is showing the Boud right now. Mr. Hendershot stated does this mean that when I go back I have the ability to fly this flag or is this an illegal flag and am I going to be threatened again because this is not the first time. He stated and by the way he wanted clarification on is he the only one being forced with penalties and such as this, because this morning on the way here at the new Buick dealership bought from Roger Dean Buick they are flying something similar to this but it only has six snipes and thirteen stars and it has been up as long or longer than mine and asked if the Buick dealership had a code enforcement violation against him and if so why is he not here in this room. Ivh's. Barbieri stated that staff would have to go and look at that particular case, this is pu4 of the US 1 corridor, the one Mrs. Graziani has told the Board about several times and so if he has specific ones that he wants to check if there is a case on and if not if he wants to lodge a complaint and start a file staff would be happy to meet with him. Mrs. Monahan asked who the officer was on this case. Officer Swartzel stated it was her case. Mrs. Monahan informed Mi. Hendershot he should get with Officer Swartzel and she will explain all the rules and regulations to him and stated she does not see that as the Board's job. Mr. Hendershot stated he wanted to bring it to the attention of the Board, because quite frankly he has been explained rules that make no sense to him whatsoever and he has been told this is not a flag. Mrs. Monahan stated in all honesty sir I have never seen a flag shortened like that chopped in half. Mr. Hendershot stated if that is the case then why is it his flags and why are new dealerships across the street from him allowed to fly flags. Mrs. Monahan stated that is something for staff to answer and the Board was told a few weeks ago that some action was being taken and everyone give fair warning on US 1 regarding code violations and the Board has had a couple here before and they have been abated. Mr. Hendershot stated that the new Buick dealership has them flying this morning without the correct number of stars and stripes, which is what he was told makes the difference with it being a American flag or not. He stated they have flags flying this morning, fifteen minutes ago. He stated that there is another small dealership across from him that is flying banners and flags and it appears that for some reason his spot is more visible. Mrs. Graziani informed Mr. Hendershot that she could assure him that he is not being singled out, that code enforcement did a compliance sweep along the US 1 corridor and some as gracious as him had come into compliance but others have not. She stated the gentleman you are talking about with all the banners and pennants came before the Board last month and they are currently under violation and the fines are accruing on that property because he did not come into compliance. Mi'. Hendershot asked if the Buick dealership was in violation and had been cited. Mrs. Graziani stated she only knew personally of the one case that she recalled. Mr. Hendershot asked if the other dealerships were in violation also. Mrs. Graziani answered yes the other dealerships are in violation. Mr. Hendershot asked who he would speak with and can he fly the flag he has or not. Mr. Currie stated sh• this is not the place to discuss this and staff is going to be looking into this and researching so the Board does not have an answer for you today. Chairman Fogg informed Mr. Hendershot that Officer Swartzel is the officer on your case and she can inform you of the facts. Chairman Pogg 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 9:50 a.m. 10