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HomeMy WebLinkAbout09 03 2014 Code EnforcmentSEPTEMBER 3, 2014 HELD IN THE COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA I. CALL TO ORDER The Code Enforcement Board meetine was called to order at 9:03 a.m., by Mr. Fogg. H. 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 ................................................................... ................. Mr. Brad Currie ....................................................................................... Mr. Patrick Campion Board Attorney....................................................................Mr. Jack Krieger ABSENT Mrs. Margaret Monahan was excused. IV. APPROVAL OF MINUTES — AUGUST 6, 2014 Mr. Campion made a motion to accept the minutes of AUGUST 6, 2014 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...................................................................Carl Peterson Code Enforcement Supervisor ...................................................Danielle Williams Code Enforcement Officer .......................................................Melissa Brubaker ....................................................................................... Lynn Swartze ....................................................................................... Monica Vargas Barrios ....................................................................................... ChristopherCounsellor ........................................................................................ Jose Matos Environmental Regulations Manager............................................Amy Griffin Public Works Manager of Water Quality .......................................Christopher Lestrange Board Secretary.....................................................................Deborah Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Christopher Counsellor, Jose Matos, Amy Griffin, and Christopher Lestrange were sworn in. VI. PUBLIC COMMENTS None. 1 VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien — Shirley Bemenderfer (TR) — Case No. 63025 Satisfaction of Fine and Release of Lien — Jenkins Road 90 LLC - Case No. 67794 Satisfaction of Fine and Release of Lien — Jerry and Kevin Sauers — Case No. 63784 Satisfaction of Fine and Release of Lien — James and Phyllis Vera — Case No. 71066 Request for Fine Reduction Request for a Fine Reduction Hearing —Seminole Mobile Home Park LLC — Case No. 77408 Mr. Hofmann made a motion to approve and accept staffs recommendation as presented. Mr. Taylor seconded and the motion carried unanimously. VIII. VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 79379 2334 S Rock Rd., Ft. Pierce Peter and Martha Rhoat 80181 12375 Lear Pl., Port St. Lucie Robert S. Spowart II and Janet L. Bush 80773 675 Coker Rd., Ft. Pierce Clyde D. and Sandra D. Crouch 80774 675 Coker Rd., Ft. Pierce AMC Mobile Home Movers 80834 6145 S US 1, Ft. Pierce Paul Stanton 80936 6145 S US 1, Ft. Pierce J & J Auto Sales 80285 1137 Percival St., Ft. Pierce Philip A. Smith 80639 6935 Heritage Dr., Port St. Lucie Kurt and Johanne Noerenberg 80338 6935 Heritage Dr., Port St. Lucie Heritage Restaurant 80911 3412 Sloan Rd., Ft. Pierce Eddie L. and Barbara Thomas 80500 92 Aqua Ra Dr., Jensen Beach Dale L. Townsend (SCTR) 79704 5061 Turnpike Feeder Rd., Ft. Pierce Lakewood Property Holdings LLC 79706 5061 Turnpike Feeder Rd., Ft. Pierce Hometown New LC Case No. 80182 was heard first on the agenda: Case #80182, Location of violation, 12521 S. Indian River Dr., Jensen Beach, FL, Property Owner, Federal Home Loan Mortgage Corp. Ms. Erin Poger, Real Estate agent for the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios resubmitted seven (7) photos, three (3) dated April 7, 2014, three (3) dated April 30, 2014, and one (1) dated September 2, 2014. She stated on April 21, 2014, a Notice of Violation was sent to Federal Home Loan Mortgage Corp., the property owner listed for 12521 S. Indian River Dr. to please obtain a permit for enclosing the garage into a habitable space to include new windows, electric, a/c, also for the shutters and windows throughout the house, and the new front door, with a correction date of May 15, 2014 was given. She stated on May 7, 2014 staff received a request for an extension and the extension was granted until May 30, 2014. She stated on July 31, 2014, a Notice to Appear was sent as there has been no permits applied for. She stated as of September 3, 2014 the property remains without a permit. She stated this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. There was discussion among the Board, staff and Erin Poger regarding the violation and the reason the owner has not corrected the violation on the property. Chairman Fogg stated we are looking for a motion. 2 Mr. Hofmann made a motion in reference to Case 480182 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 December 5, 2014, 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't 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 #75329, Location of violation, Behind 9311-9417 Scarborough, Port St. Lucie, FL, Property Owner, PGA Village POA Inc. Mr. Brown representative for PGA Village POA Inc. and Mr. Fasnacht preserve contractor for PGA Village POA Inc. were sworn in by the Board's Secretary. Officer Brubaker submitted three (3) photos taken on September 2, 2014, three (3) photos taken by staff, a copy of the Site Plan, a Gopher Tortoise location map and a map of the overall Reserve. She stated on February 1, 2013, the Environmental Resources Department staff inspected the preserve areas within Scarborough Estates and found unauthorized clearing had been conducted within the preserve. She stated on March 6, 2013, she issued a Notice of Violation to PGA Village Property Owner's Association for being in violation of, 11.05.06, Clearing in the Preserve. She issued a letter and gave a compliance date of March 25, 2013. She stated the Enviromnental Resources Department has had contact with the property owners and discussed ways to correct the violations. She stated as of September 2, 2014 all of the preserve has been restored except the property behind 9409 Scarborough Ct. She noted Amy Griffin, Environmental Regulations Manager is here to give an additional presentation. Amy Griffin, Environmental Regulations Manager, gave a presentation on the requirements of the preserve areas in Scarborough Estates and why there are preservation areas set aside. She stated what they found when they went out was several of the lot owners had started clearing.into the preserve area. She stated there were multiple areas where owners were clearing outside of their own property. She stated the Reserve Property Owners Association has hired Land Management and staff met with Mr. Paul Fasnacht their sub -contractor for the last year and a half to explain what the violation means, what they have to replant and that you cannot remove native vegetation. She stated working with Mr. Fasnacht he has removed all the exotic vegetation that is not supposed to be there and began replanting the native vegetation in the areas that were affected. She stated at 9409 Scarborough Ct. which is owned by Mr. Goulash the violations of the site plan have not been corrected because when Mr. Brown and Mr. Fasnacht have tried to correct the violation they have been threatened by Mr. Goulash and not allowed to correct violation in the preserve area. Chairman Fogg stated PGA Village POA Inc. is not the guilty party, the person that lives at 9409 Scarborough Ct. is the guilty party. Katherine Barbieri, Assistant County Attorney, stated that is not accurate, PGA Village POA Inc. are the property owners and it is their responsibility to restore the preserve areas. She stated that is why they have been cites as the violator. Mr. Brown stated at this point it looks like they are going to have to involve law enforcement to get access to the property. Mr. Fasnacht stated that Mr. Goulash keeps a pit -bull dog tied to a tree on the property and you cannot get to the preserve area without the pit -bull who is very aggressive trying to attack you. He stated he has been chased by the dog two times and said he is not going back onto the property. He stated the owner is very hostile to him and has threatened him many times and the dog is very crazy. There further discussion among the Board, staff, Mr. Brown, and Mr. Fasnacht regarding the violation and the reasons the PGA Village Property Owner's Association has not corrected the violation on the property. Katherine Barbieri, Assistant County Attorney, stated to the Board that the Violation hearing not the Fine hearing and staff has no objections to the Board giving ninety days to correct as we will still have a Fine hearing where they can come back and show the Board what they have done to correct the problem whether they have went to court or contacted law enforcement and the Board can take that into consideration if there is to be a fine. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case #75329 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 December 5, 2014, a fine of up to $250.00 per day may be imposed. A prosecution cost is not imposed. 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. Mr. Murdock seconded and the motion died due to a tie with three nays and three yeses 2ND MOTION Mr. Currie made a motion in reference to Case #75329 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 December 5, 2014, 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 11t 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 the motion. Mr. Fogg called for a roll call vote: Mr. Fogg — yes, Mr. Hofmann — yes, Mr. Taylor — yes, Mr. Murdock — yes, Mr. Currie — yes, Mr. Campion — nay. The motion carried. Case No. 80365, Location of violation, 61012 Palm Dr., Ft. Pierce, FL, Property Owner, Darlene Dawson. Darlene Dawson was sworn in by the Board's Secretary. Officer Brubaker submitted three (3) photos, one (1) dated April 28, 2014, one (1) dated August 7, 2014 and one (1) dated August 27, 2014. She stated during her first inspection she found 6012 Palm Dr. to be in violation of, 8.02.00, for the pod on the property without an open Building Permit. She issued a letter and gave a compliance date of May 15, 2014. She stated she has had contact with the owner and discussed the ways to correct the violation. She stated as of September 2, 2014 the property remains in violation. There was discussion among the Board, staff and Darlene Dawson regarding the violation and the reason the owner has not corrected the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #80365 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 5, 2014, 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 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon 29 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. 81182, Location of violation, 3625 Pleasant Acres Rd., Ft. Pierce, FL, Property Owners, Giuseppe Renda and Donald D. Barton. Giuseppe Renda was sworn in by the Board's Secretary. Officer Counsellor submitted four (4) photos, all dated September 2, 2014. He stated on July 10, 2014 he received a call from Jim Beams fi-om the Road and Bridge Department about a failed Culvert pipe. He stated he inspected 3625 SE Pleasant Acres Rd. and found the property to be in Violation of, 7.05.06 (A), Driveway Requirements and 7.05.06 (D), Driveways - Culvert Requirements. He stated he issued a letter and gave a compliance date of August 1, 2014. He noted he has had some contact with Mr. Renda and advised him to contact Jim Beams fi•om Road and Bridge for guidance on what needed to be done to correct the violation. He stated on August 13, 2014, he issued a Notice to Appear and as of September 2, 2014 the property is still in Violation. He stated Christopher Lestrange is here from the Road and Bridge Department to give testimony and Mr. Renda is here to ask for more time. Mr. Lestrange, Road and Bridge Department addressed the Board and stated this is a large diameter culvert at the end street of what we call 7t" Sheet ditch a large drainage area within Fort Pierce. He stated when we had the flash flooding in January of this year we had to go in a remove a large portion of this culvert already. He stated some of you might recall we already had a lot of flooding of apartments and homes in this area. He stated our concern at this point is that we are again in the thick of the rainy season and if there is another impending storm we will most likely have to go in and remove the rest of this culvert as we cannot wait for homes and businesses to flood. Mr. Fogg asked Mr. Lestrange if this is county property that he is not real clear on this. Mr. Lestrange answered the drainage is county maintained, the culvert is solely for access to this property. Mr. Fogg stated so the culvert has to be maintained by the property owner and he will have to put in a bulkhead or something. Mr. Lestrange answered this will have to be a complete replacement of the culvert. He stated is currently consists of several different types and sizes of culverts that have been pieced together. He stated it is not to any code and is leaking badly. Mr. Renda addressed the Board and stated they did not put the culvert in it was like that when they bought the property. He stated he has a business partner who he thought was taking care of this until he received a letter from Code Enforcement a few months back. He stated his business partner and his attorney assured him it was being taken care of and after doing some research he discovered that nothing was being taken care of, they did pull a permit which is not expired. He stated his business partner has left him in about $100,000.00 dollars of debt. He stated he has drained his saving account trying to payoff some of this debts and when he contacted a contractor on the driveway it is going to cost $12,00.00 to $14,000.00 to replace the culvert and he does not have that kind of money right, so he will need some time. He stated if a storm is coming and they have to rip out the rest of the culvertthey can and he will just not have access to the property. There was further discussion among the Board, staff and Mr. Renda regarding the violations on the property and the reasons the owners have not corrected the violations on the property. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case #81182 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 5, 2014, 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. 2ND MOTION Mr. Currie made a motion in reference to Case No. 81182 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. Taylor seconded and the motion carried unanimously. Case No. 80816, Location of violation, 8700 Citrus Park Blvd., Ft. Pierce, FL, Property Owner, Christy Pickerill. Shane Woodard representative for the property owner was sworn in by the Board's Secretary. Officer Swartzel submitted two (2) photos, one dated June 12, 2014 and one (1) dated August 25, 2014. She stated during her first inspection on June 12, 2014, she found 8700 Citrus Park Blvd. to be in violation of 1- 9-19, Outside Storage, outside storage is not permitted and to please remove. She issued a letter and gave a compliance date of June 26, 2014. She stated she has had no contact with the property owners. She stated on August 22, 2014, she posted the property with a Notice to Appear to the September 3, 2014 Code Board. She stated as of September 3, 2014 this property still remains in violation. There was discussion among the Board, staff and Mr. Woodard regarding the violation on the property and the reason the owner or tenant has not corrected the violation on the property. Mr. Woodard stated as of last night the outside storage has been removed. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #80816 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 1, 2014, 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. Campion seconded and the motion carried unanimously. Case No. 80398, Location of violation, 5138 Margaret Ann Ln., Ft. Pierce, FL, Property Owner, Jean R. Deyerle. Jean R. Deyerle was sworn in by the Board's Secretary. Officer Swartzel submitted two (2) photos, one (1) dated May 12, 2014 and one (1) dated August 22, 2014. She stated during her fast inspection on May 12, 2014, she found 5138 Margaret Ann Ln. to be in Violation of 13,08.01, Adopting Standard Housing Code, Section 304, Exterior Structures, the exterior of the structure shall be maintained in good repair and structurally sound. She issued a letter and gave a compliance date of June 13, 2014. She stated she has had no contact with the property owner. She stated on August 22, 2014, she posted the property with a Notice to Appear to the September 3, 2014 Code Board. She stated as of September 2, 2014 this property still remains in violation, it is not in foreclosure and the taxes have not been paid since 2012. 0 Ms. Deyerle addressed the Board and stated she has not lived there for over two years and the property is vacant. She stated she contacted the mortgage company and bank and informed them she could no longer live there because she had tried repeatedly to fix the roof but is continued to leak which caused mold inside. She stated she has asked them to foreclose on the property which they will not do, they want her to sell the property and pay them the difference which she cannot do because the property is only worth about $8,000.00 to $10,000.00 at most and she owes them $42,000.00. There was further discussion among the Board, staff and Jean Deyerle regarding the violation on the property and the reasons the owner has not corrected the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #80398 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 January 7, 2015, a fine of up to $250.00 per day may be imposed. A prosecution cost was not imposed. Please take notice that on the 1ST 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. Currie seconded and the motion carried unanimously. 2ND MOTION Mr. Campion made a motion in reference to Case No. 80398 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. Taylor seconded and the motion carried unanimously. Case No. 81409, Location of violation, 4891 N US HWY 1, Ft. Pierce, FL, Property Owner, Fountains LLC. Kevin Gallagher property owner was sworn in by the Board's Secretary. Officer Swartzel submitted ten (10) photos, four (4) dated August 1, 2014, one (1) dated August 5, 2014, four (4) dated August 19, 2014 and one (1) dated August 29, 2014. She stated she is also submitting five (5) photos from our Environmental Resources Department. She stated during her first inspection on August 1, 2014, she found 4891 N US Hwy. 1, to be in violation of 1-9-32 (D), Public Nuisance, to cease dumping raw sewage on the property, 11.05.01, Building and Sign Permits, the plumbing and electrical was done without proper permits, to contact the Building Department, 1-15-18, Preservation of Building and Other Property, no person shall willfully damage or disturb county property, to remove the paving material from the county property, Section 6.02.04, Regulation of Motorized Vehicles in Environmentally Sensitive Areas, no motorized vehicles of any type are permitted on land owned by the government. She stated she issued a letter and gave a compliance date of August 19, 2014. She stated on August 21, 2014, staff met with Mr. Gallagher and discussed ways to correct the violations. She stated due to the severity of the violations she issued a Notice to Appear to the September 3, 2014 Code Board. She stated as of September 2, 2014 this property still remains in violation and Amy Griffin from our Environmental Resources Department is here to make a presentation. Amy Griffin, Environmental Regulations Manager, stated ERD actually got the call on this one from a scientist they have Cheryl Peterson from Bok Tower rare plant conservation group. She stated we have a scientist doing work on our Indrio North Savannas preserve and the Fountains Motel is surrounded on two sides by Indrio North Savannas county preserve. She stated they became aware of this from the rare plant researcher Cheryl Peterson contacted ERD on July 12, 2014 to let them know she had seen a significant 7 amount of ATV traffic damage to the county site, so we sent two staff members out to the county preserve who confirmed there was ATV damage to county property which we will go into more on the next case. She stated they followed the tracts up to the back of the Fountains Motel property at which point they called Deputy Ivey and Detective Rick Stur from the St. Lucie County Sheriffs Department and Officer Swartzel from St. Lucie County Code Enforcement to come out and everyone saw the ATV hacks, and trailers or RV's parked along the back of the Fountains Motel which what appeared to be the dumping of raw sewage directly from those trailers onto the ground as well as with pipes directed off to the south of the property. She stated found along the North property line where you see the blue line on the map the county had installed a fence along the county property line and as you can see in some of those photos parts of the fence are now buried. She stated someone has brought in fill, pieces of concrete and millings and made a road along the northern property line of the Fountains Motel and pushed it into the preserve pulling up the county fence posts that were four or five feet tall which now are only one foot above ground. Katherine Barbieri, Assistant County Attorney, asked Amy Griffin if she could see any of the county's fence posts in the pictures. Amy Griffin answered I do where the mouse is on the picture. Katherine Barbieri, Assistant County Attorney, asked Amy Grim if she can see the rumble, asphalt and millings on our property in the photos. Amy Griffin answered in the affirmative. Katherine Barbieri, Assistant County Attorney, asked Amy Griffin and those now create a path to the back of the Fountain Motel. Amy Griffin answered that is correct and there is a picture that shows a gate has been installed along US 1 that follows the property line and goes to the back of the property and you can see tire tracks there. Katherine Barbieri, Assistant County Attorney, asked Officer Swartzel when she went out did she meet with a gentleman who identified himself as the Manager of the Fountains Motel. Officer Swartzel answered in the affirmative. Katherine Barbieri, Assistant County Attorney, asked Officer Swartzel if he is related to Mr. Gallagher who is here today. Officer Swartzel answered in the affnnative, he is the Manager and Mr. Gallagher's son. Katherine Barbieri, Assistant County Attorney, asked Officer Swartzel what the manager told her about the ATV's. Officer Swartzel answered he told it was one of the tenants from the trailer park who was driving in and out to take bushes and scrub to burn. Katherine Barbieri, Assistant County Attorney, asked Officer Swartzel is this trailer park on the Fountains property. Officer Swartzel answered in the affirmative. Katherine Barbieri, Assistant County Attorney, asked Officer Swartzel if it is allowed. Officer Swartzel answered no it is not. Katherine Barbieri, Assistant County Attorney, asked if the electrical and plumbing we cited them for was for the trailer park. Officer Swartzel answered in the affirmative. Katherine Barbieri, Assistant County Attorney, asked Officer Swartzel if that is where the scrub was being taken from our property onto theirs to be burned. Officer Swartzel answered in the affirmative. Katherine Barbieri, Assistant County Attorney, stated no further questions at this time. Chairman Fogg asked Mr. Gallagher if he is in violation. Mr. Gallagher answered they are in violation of two, not in violation of four and one is questionable. Officer Swartzel informed Mr. Gallagher that staff has abated some of them. Mr. Gallagher asked if the dumping of raw sewage had been abated. Officer Swartzel answered in the negative as we have not gotten the test results back yet. Mr. Gallagher stated they have hired Bio Services to do that and it is in progress. Officer Swartzel stated we cannot abate it until we have the test results. Amy Griffin informed Mr. Gallagher that his testing agency Bio Services contacted us to what specific tests ERD wants. She stated there was three specific tests they informed them was needed. There was further discussion among the Board, staff and Mr. Gallagher regarding the violations and the actions he has taken to abate the violations and what has to be done to abate the violations on the property. Chainnan Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #81409 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 December 3, 2014, 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 1st 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 80597 7500 Coquina Ave., Ft. Pierce CitiMortgage Inc. 80266 318 Pandora Ave., Ft. Pierce Investment Ventures Inc. 80555 5606 Oleander Ave., Ft. Pierce Wells Fargo Bank 80416 7805 Paso Robles Blvd., Ft. Pierce Richard G. Mirecki (EST) 80194 318 Pandora Ave., Ft. Pierce Investment Ventures Inc. 81403 7803 North Blvd., Ft. Pierce RWLS II LLC 80466 5000 Indrio Rd., Ft. Pierce George E. and Amy H. Morton 80575 7602 Deland Ave., Ft. Pierce B and D Hutchinson 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. Campion seconded and the motion carried unanimously. IX. IRREPAIRABLE AND IRREVERSIBLE Case No. 81411, Location of violation, 4891 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Fountains LLC. Kevin Gallagher property owner was sworn in by the Board's Secretary. Officer Swartzel submitted seven (7) photos, three dated August 19, 2014, and four (4) photos from the Environmental Resources Department. She stated also included is a packet from Cheryl Peterson from Bok Tower Gardens. She stated during our first inspection we found 4891 N US Hwy. 1 in violation of 6.04.00, Habitat of Endangered or Threatened Species, for killing half of the population of Resident Lakela's Mint. She stated due to the violation being Irreversible and Irreparable staff is asking the Board to impose a $5,000.00 fine. She noted Amy Griffin from our Environmental Resources Department is here to explain further in regards to the Lakela's Mint. Amy Griffin, Environmental Regulations Manager, stated we were notified as she said earlier by Cheryl Peterson, who is the manager of the rare plant conservation program at the Bok Tower Gardens in Lake Wales. She stated Cheryl Peterson has been working to restore the Lakela's Mint population on this particular portion of the county preserve and has been in a partnership with us for the last twelve years, she gets her funding from the U.S. Fish and Wildlife Services and the State of Florida. She stated over the twelve years she has been involved in this project she has taken seeds and cuttings and grown them in a sterile greenhouse environment at Bok Tower Gardens, from the three hundred and eighty seven wild plants she has replanted two thousand three hundred and fifty plants onto this site. She stated this site was identified as the perfect site for growing of this endangered plant, it exists here in St. Lucie County and nowhere else in the entire world. Katherine Barbieri, Assistant County Attorney, asked Amy Griffin what was the number of these plants before the destruction took place. Amy Griffin answered Cheryl Peterson had built them back up to two thousand three hundred and fifty one plants. Katherine Barbieri, Assistant County Attorney, asked what is the number now after the destruction. Amy Griffin answered Ms. Peterson does not have a definite number but she estimates there are about six hundred left. She stated Ms. Peterson flags every one of these plants. Katherine Barbieri, Assistant County Attorney, stated so these plants are so rare that every single one is tagged. Amy Griffin stated Ms. Peterson put these plants on this portion of land because we do not have nature trials and public access there. Mr. Fogg asked Mr. Gallagher if he was in violation. 10 Mr. Gallagher answered no we are not because we. did not do the damage it was a guest of our hotel that did the damage. He stated he did see how we can be held responsible for guest actions. He further stated there were no signs posted as was said earlier from their property to county property. Katherine Barbieri, Assistant County Attorney, asked is this preserve signed. Amy Griffin answered in the affirmative that along Indrio Rd. and US 1 there is fencing and signs posted. There was lengthy discussion among the Board, staff, Mr. Gallagher regarding the violation on the property. Mr. Campion made a motion in reference to Case #81411 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the report of staff that the violation still exists, and having considered the gravity of the violation, the actions if any, taken by the violator to correct the violation and nay previous violations, we make the following determination. The violation is irreparable or irreversible in nature and a fine of $5,000.00 shall be imposed. There was no second made and the motion died. 2ND MOTION Mr. Hofmann made a motion in reference to Case #81411 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 a violation exists however the individual is not responsible for the violation and the alleged violator Fountains LLC did not commit the violation. Mr. Murdock seconded. Mr. Fogg called for a roll call vote: Mr. Fogg — yes, Mr. Hofmann — yes, Mr. Taylor — yes, Mr. Murdock — yes, Mr. Currie —was excused, Mr. Campion — nay. The motion carried. X. FINE HEARING: Case No. 77743, Location of violation, 514 Tumblin Kling Rd., Ft. Pierce, FL, Property Owner, Mary Young. Mary Young and her realtor Pat McPherson were sworn in by the Board's Secretary. Officer Vargas Barrios submitted twelve (12) photos, nine (9) dated August 12, 2013, three (3) dated January 30, 2014, and one (1) dated September 2, 2014. She stated this case went before the Code Enforcement Board on February 5, 2014, and was found in violation of 3.01.03 (0) RM-I I Residential, Multiple Family and Section 11.05.01, Building and Signs Permits where the Board gave until September 1, 2014 to bring the property into compliance. She stated on August 12, 2013 staff received a complaint from the tenant living at 514 Turnblin Kling Rd. She stated she went to the property and met with the tenant, while investigating she noticed this was not the main house on the property. She stated this building was a utility structure and it was turned into a habitable space without any permits. She stated on August 14, 201, a Notice of Violation was sent to Mary Young the owner of 514 Tumblin Kling with the correction date of September 13, 2013 to please cease using the detached utility as a dwelling and to please obtain a demolition permit to bring the detached utility structure back to its original form as a second dwelling is not allowed in a RM-I I Zone. She stated on February 4, 2014 a Demolition Permit to remove the build out on the out building was issued. She stated the permit did not get a final inspection as no work was done and the permit expired on August 4, 2014. She stated as of September 3, 2014 the property remains in violation. There was discussion among the Board, staff, Ms. Young, and her realtor Pat McPherson regarding the violations on the property and the reasons the owner has not corrected the violations on the property. Chairman Fogg stated we are looking for a motion. 11 Mr. Hofmann made a motion in reference to Case No. 77743 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 September 20, 2014 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 79415, Location of violation, 1053 S. 3711 St., Ft. Pierce, FL, Property Owner, Angel Mendez and Luisa Ponce. There was no one present to represent the property owner. Officer Williams stated staff is requesting a continuation until the October meeting as Ms. Mendez has applied for the permit but is still in house. Katherine Barbieri, Assistant County Attorney, stated actually maybe the middle of December would be better as she has to get the license agreement which she was told would take a little longer and she apologizes as she forgot to share that with staff. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case #79415 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on December 3, 2014. Mr. Taylor seconded and the motion carried unanimously. XI. REPEAT VIOLATION Case No. 81475, Location of violation, 195 Celestia Ct., Port St. Lucie, FL, Property Owner, Melissa Chalifoux. Melissa Chalifoux was sworn in by the Board's Secretary. Officer Brubaker stated this property was brought to the June 2013 Code Enforcement Board and found as a To Have Been in violation for Section 1-9-32 (D), Overgrowth. She submitted three (3) photos, one (1) dated August 18, 2014, one (1) dated August 22, 2014 and one (1) dated August 27, 2014. She stated on August 18, 2014, she again found 195 Celestia Ct. as a Repeat Violator of Section 1-9-32 (D), Overgrowth. She stated she has had no contact with the property owner. She stated as of August 25, 2014 the property was abated and in violation for 7 days. There was discussion among the Board, staff and Mrs. Chalifoux regarding the violation on the property and the reason the owner allowed a repeat violation on the property. Mrs. Chalifoux stated the yard maintenance company she had stopped maintaining the grass and she has purchased a lawn mower for the property stating she will make sure it is maintained in future. Chairman Fogg stated we are looking for a motion Mr. Hofmann made a motion in reference to Case No. 81475 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 August 19, 2014 with a maximum fine not to exceed $5,000.00. 2ND MOTION Mr. Murdock made a motion in reference to Case No. 81475 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that 12 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 $10.00 per day shall be imposed for each day the violation exists starting August 19, 2014 with a maximum fine not to exceed $5,000.00. No prosecution cost was imposed. Mr. Campion seconded and the motion carried. Case No. 81259, Location of violation, 2409 Tamarind Dr., Ft. Pierce, FL, Property Owner, Martin Mobarak- Prado. There was no one present to represent the property owner. Officer Matos submitted four (4) photos, three (3) dated July 30 2014 and 1 dated August 1 2014. He stated this property was originally brought to the November 2009 Code Board and found in violation of Section 1-9-32 (D), for Overgrowth. He stated on July 30 2014 he found 2409 Tamarind Dr. to be a Repeat Violator of Section 1-9-32 (D), for overgrowth. He stated he has had contact with the owner's representative and discussed the case. He stated on August 12014, the property was mowed, however the property was in violation for one (1) day. There was discussion among the Board, and staff regarding the repeat violation on the property. Chairman Fogg stated to the Board we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 81259 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 $500.00 per day shall be imposed for each day the violation exists starting July 31, 2014 with a maximum fine not to exceed $5,000.00. A prosecution cost of $200.00 was imposed. Mr. Taylor seconded and the motion carried unanimously. XII. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. XIII. FINE REDUCTION HEARING Case No. 80206, Location of violation, 5301 S US 1, Ft. Pierce, FL, Property Owner, Joseph J. Koch (TR). Fine Reduction requested by Joseph J. Koch (TR). Mr. Koch was sworn in by the Board's Secretary. There was discussion among the Board, staff and Mr. Koch regarding his reasons for requesting a fine reduction on the lien on the property. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case #80206 that the Code Enforcement Board makes the following determination: The fine of $6,200.00 imposed by the Board is hereby reduced to the amount of $2,500.00. This reduced fine must be paid within thirty days of this hearing or the fine will revert back to the original fine of 6,200.00. Mr. Hofmann seconded the motion and the motion carried unanimously. Case No. 76627, Location of violation, 5701 Citrus Park Blvd., Ft. Pierce, FL, Property Owner, Duetsche Bank National TR CO. Fine Reduction requested by Ian Anderson. Mr. Anderson was sworn in by the Board's Secretary. 13 There was discussion among the Board, staff and Mr. Anderson regarding his reasons for requesting a fine reduction on the lien on the property. Chairman Fogg stated we are looking for a motion. Mr. Taylor made a motion in reference to Case #76627 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 imposed by the Board is hereby reduced to the amount of $100.00. The prosecution cost of $200.00 was not reduced. This reduced fine must be paid within thirty days of this hearing or the fine will revert back to the original fine of 5,000.00 with a prosecution cost of $200.00. There was no second made and the motion died. 2ND MOTION Mr. Murdock made a motion in reference to Case #76627 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 imposed by the Board is hereby reduced to the amount of $100.00. The prosecution cost of $200.00 is reduced to zero. This reduced fine must be paid within thirty days of this hearing or the fine will revert back to the original fine of 5,000.00 with a prosecution cost of $200.00. Mr. Campion seconded the motion and the motion carried unanimously. Case No. 72052, Location of violation, 10725 S. Ocean Dr., Lot 27, Jensen Beach, FL, Property Owner, Maryse Major and Pierre Rompre. Fine Reduction requested by Maryse Major. Staff requested this case be removed to be rescheduled at a future date when the owner lives in Canada can be present. Case No. 34381, Location of violation, 168 Liberty Way, Ft. Pierce, FL, Property Owners, Alice E. and Robert Bennett. Fine Reduction requested by Robert Bennett. Mr. Bennett was sworn in by the Board's Secretary. There was discussion among the Board, staff and Mr. Bennett regarding his reasons for requesting a fine reduction on the lien on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #34381 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 imposed by the Board is hereby reduced to the amount of zero. The prosecution cost of $125.00 was not imposed Mr. Taylor seconded the motion and the motion carried unanimously. Case No. 68951, Location of violation, 785 SE Airoso Blvd., Ft. Pierce, FL, Property Owner, John W. Solomayer, Jr. Fine Reduction requested by Van Horn Realty LLC. Mr. Van Horn was sworn in by the Board's Secretary. There was discussion among the Board, staff and Mr. Van Horn regarding his reasons for requesting a fine reduction on the lien on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #68951 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 imposed by the Board is hereby reduced to the amount of $1,250.00. The prosecution cost of $200.00 was not reduced. This reduced fine must be paid within thirty days of this hearing or the fine will revert back to the original fine of 5,000.00. 14 Mr. Taylor seconded the motion and the motion carried unanimously. XIV. OTHER BUSINESS XV. STAFF BUSINESS ADJOURN: There was no further business and the meeting was adjourned at 12:00 p.m. 15