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HomeMy WebLinkAboutMinutes 11 01 2014NOVEMBER 5, 2014 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 9:01 a.m., by Mr. Fogg. IL PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. HL ROLL CALL PRESENT Chairman...........................................................................Mr. Ralph Fogg ViceChair..........................................................................Mr. Ray Hofmann Board Members....................................................................Mr. Wes Taylor ........................................................................................ Nb• Randy Murdock ........................................................................ I .............onahan Mrs Margaret M ........................................................................................ Mr Brad Currie Board Attorney....................................................................Mr. Jack Krieger ABSENT Mr. Patrick Campion was excused. IV. APPROVAL OF MINUTES — OCTOBER 1, 2014 Mr. Taylor made a motion to accept the minutes of OCTOBER 1, 2014 Mr. Hofmann 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 ....................................................................................... Christop erCounsellor ....................................................................................... Jose Mates Board Secretary...................................................................Deborah Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Christopher Counsellor, and Jose Matos 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 — Pine Summit — Case No. 61201 Satisfaction of Fine and Release of Lien — Alice E. and Robert Bennett — Case No. 34381 Satisfaction of Fine and Release of Lien — Joseph J. Koch (TR) — Case No. 80206 Satisfaction of Fine and Release of Lien — Seminole Mobile Home Park LLC — Case No. 77408 Satisfaction of Fine and Release of Lien — Anthony C. and Suzanne C. Manning — Case No. 78687 Request for Fine Reduction Request for Fine Reduction Hearing — Curtiss B. Woodruff III — Case No. 78340 Request for Fine Reduction Hearing — Jose and Sandra Garcia — Case No. 79560 Partial Release of Lien Request for Partial Release of Lien — John G. Talley and Charles A. Perry III — Case No. 61548 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 81216 197 SE Floresta Dr., Port St. Lucie Elizabeth and John B. Wheeler 81184 Behind 4705 Sunset, Ft. Pierce Victor Calabrese 81269 306 Bay St., Port St. Lucie Susie Webster 81793 2805 Kingsley Dr., Ft. Pierce Louise and Joe L. Mitchell 80993 1796 Old FFA Rd., Ft. Pierce Paul Roy 81691 3115 S 22nd St., Ft. Pierce Michelle Le Dain and Michel Raymond 81038 2405 Blossom Ct., Ft. Pierce Manuel R. and Maria Sangabriel 81350 528 S Market Ave., Ft. Pierce Lantis MFG Co 81349 528 S Market Ave., Ft. Pierce Fitz Auto Repair 81340 3219 Oleander Ave., Ft. Pierce Straco Inc 81241 3219 Oleander Ave., Ft. Pierce EZ Pay Motors Inc Case No. 80650 was heard first on the agenda: Case #80680, Location of violation, 796 Woodlands Dr., Port St. Lucie, FL, Property Owner, Kevin M. Ballash Jr. There was no one present to represent the property owner. Officer Brubaker informed the Board that in their paperwork they had received an email from Mr. Ballash requesting a continuance. She stated the only he had left to do was to put the orange fencing around the pool and he informed her he was going to do that last night, but she did not have time to inspect it this morning before the meeting. Chairman Fogg stated he would think that the pool would be the most important thing to correct and asked staff if there was water in the pool. Officer Brubaker answered in the negative that the pool is under construction. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #80680 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. 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 81713 5300 Turnpike Feeder Rd., Ft. Pierce Donnini Enterprises Inc 81655 6708 Gaddy St., Ft. Pierce Little Achievers Childcare Center Inc 81626 S of 5140 Slash Pines, Ft. Pierce Estrella F. Reodica 81501 4003 Avenue R, Ft. Pierce Sauternes V LLC 81687 3113 S 22nd St., Ft. Pierce Melody A. Fulk 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. IX. FINE HEARING: Case No. 80416, Location of violation, 7805 Paso Robles Blvd., Ft. Pierce, FL, Property Owner, Richard G. Mirecki (EST). There was no one present to represent the property owner. Officer Swartzel submitted two (2) photos, one (1) dated May 2, 2014 and one (1) dated October 28, 2014. She stated 7805 Paso Robles Blvd. was brought to the September 3, 2014, Code Board and found in default of 1-9-32 (D), Overgrowth, the Board gave a compliance date of October 3, 2014. She stated she has had no contact with the property owner and as of November 4, 2014 the property still remains in violation. She further stated the property is not in foreclosure and the county will be abating this violation. There was discussion among the Board and staff regarding the violation on the property. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Hofmann made a motion in reference to Case No. 80416 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 October 4, 2014 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case No. 80194, Location of violation, 318 Pandora Ave., Ft. Pierce, FL, Property Owner, Investment Ventures Inc. The property owner's son Donald McGee was present as his representative. Donald McGee was sworn in by the Board's Secretary. Officer Swartzel submitted six (6) pictures dated April 17, 2014. She stated 318 Pandora Ave. was brought to the September 3, 2014 Code Board and found in default of 13.08.01, Adopting Standard Housing Code, Section 302.5, Rodent Harborage, all structures and exterior property shall be kept free from rodent harborage and infestation, and 13.08.01, Adopting Standard Housing Code, Section 305.3, Interior Surfaces, all interior surfaces including windows and doors shall be maintained in good condition, to repair all holes. She stated the Board gave a compliance date of October 3, 2014. She further stated she has had contact with the property owner and discussed ways to repair the violations. She stated as of November 4, 2014 the property owner has not shown proof the violations have been abated and the property still remains in violation. Mr. McGee addressed the Board and stated as of today there are guys working on the porch which had been cited. Officer Swartzel stated that everything had been abated except the inside. He stated he is going through one expense after the other on the property. He stated he went ahead and put a new a/c unit in without a permit and that cost $900 to get it all correct. He stated the holes in the walls are not fixed yet. He stated he does have problems with the tenant in there. Chairman Fogg asked Mr. McGee about the rodents. Mr. McGee stated he spent $90 on rat traps fi-om Home Depot and put them around the trailer and so far he has not caught any rats. Chairman Fogg stated the rats or whatever is in there is important and needs to be taken care of. He asked Mi-. McGee if the property is leased out. Mr. McGee answered in the affirmative. Officer Swartzel stated when she was there she could hear the rodents running through the walls and there are eating in the walls as you can see in the picture. There was further discussion among the Board, staff and Mr. McGee regarding the violations on the property. Chairman Fogg stated if the Board does not have any further questions we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 80194 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 December 5, 2014 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 81403, Location of violation, 7803 North Blvd., Ft. Pierce, FL, Property Owner, RWLS II LLC. There was no one present to represent the property owner. Officer Swartzel submitted eight (8) photos, three (3) dated July 18, 2014, three (3) dated August 25, 2014, one (1) dated August 29, 2014, and one (1) dated October 28, 2014. She stated 7803 North Blvd. was brought to the September 3, 2014 Code Board and found in default of 1-9-32 (D) Overgrowth, 7.10.03, Animals in a Residential District, only three domestic animals are allowed in a residential zone, 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, to clean the mold and mildew from the home and 1-9-32, Public Nuisance, there is an unsanitary odor coming from inside the home. She stated the board gave a compliance date of October 3, 2014. She stated on August 25, 2014, the Sheriffs Department, Animal Control and myself met with the property owner and discussed ways to correct the violations. She stated at that time the property owner let us into the house and we discovered ten (10) dogs and two (2) cats. She stated Animal Control issued the property owner a Citation for Unsanitary Conditions and gave the property owner- until Tuesday, September 2, 2014 to remove all but three (3) of the animals. She further stated staff has had no contact with the property owner since August 25, 2014 and this property still remains in violation as of November 4, 2014. rd There was discussion among the Board and staff regarding the violations on the property. Chairman Fogg stated we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 81403 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 October 4, 2014 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case No. 80466, Location of violation, 5000 Indrio Rd., Ft. Pierce, FL, Property Owners, George E. and Amy H Morton. There was no one present to represent the property owner. Officer Swartzel submitted four (4) photos, two (2) dated August 29, 2014 and two (2) dated October 28, 2014. She stated 5000 Indrio Rd. was brought to the September 3, 2014 Code Board and found in default of 1-9-32 (D), Overgrowth. She stated the Board gave a compliance date of October 3, 2014. She stated she has had no contact with the property owner and as of November 4, 2014, the property still remains in violation. She further stated the property is not in foreclosure and the county will be abating the violation. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Hofmann made a motion in reference to Case No. 80466 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 October 4, 2014 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 80555, Location of violation, 5606 Oleander Ave., Ft. Pierce, FL, Property Owner, Wells Fargo Bank. There was no one present to represent the property owner. Officer Brubaker stated this case was found in default at the September Code Board meeting and given until October 3, 2014 to come into compliance. She submitted one (1) photo dated August 27, 2014. She stated during her fust inspection on June 3, 2014, she found 5606 Oleander Ave. in violation of 1-9-19.5, for Registration of Foreclosed Properties. She issued a letter and gave a compliance date of June 17, 2014. She stated she has had no contact with the owner and as of November 4, 2014 the property remains in violation. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 80555 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 October 4, 2014 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. X. REPEAT VIOLATION Case No. 82018, Location of violation, 620 Coconut Ave., Port St. Lucie, FL, Property Owner, Jay P. Singh. Jay P. Singh was sworn in by the Board's Secretary, Officer Brubaker stated this property was originally brought to the September 7, 2011, Code Board for 1-9- 19, outside storage of items. She submitted six (6) photos, two (2) dated October 13, 2014, two (2) dated October 24, 2014, and two (2) dated November 3, 2014. She stated on October 13, 2014, she again found 620 Coconut Ave. to be a Repeat Violator of Section 38-26, outside storage of items. She issued a letter to the November 2014 Code Board. She stated she has had contact with the owner and they discussed the violation, and on November 3, 2014, the property was brought into compliance, it was in violation for twenty (20) days. She stated Mr. Singh is here to explain what happened to the Board. Mr. Singh addressed the Board and stated the reason he could not get onto the property is there were tenants living there. He stated he had to the court and file a motion to evict the tenants. He state they left on October 15, 2014 and after that he cleaned up everything he had to. There was further discussion among the Board, staff and Mr. Singh regarding the repeat violation on the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 82018 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 violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A $500.00 fine period shall be imposed for this repeat violation The prosecution cost is included in the $500 fine. Mr. Murdock seconded and the motion carried unanimously. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. XII. FINE REDUCTION HEARING Case No. 65028, Location of violation, 7180 S US 1, Port St. Lucie, FL, Property Owner, Adobe Corp. Fine Reduction requested by Richard Rappa. Richard Rappa was sworn in by the Board's Secretary. There was discussion among the Board, staff and Mr. Rappa regarding his reasons for requesting a fine reduction on the lien on the property. Chairman Fogg stated we are looking for a motion. Mr. Hofmann made a motion in reference to Case #65028 that the Code Enforcement Board makes the following determination: The fine of $10,125.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $2,531.25. This reduced fine must be paid within thirty days of this hearing or the fine will revert back to the original fine of $10,125.00 Mr. Taylor seconded and the motion carried unanimously. XIII. REHEARING AND RECONSIDERATION Case No. 80018, Location of violation, 308 W Arbor Ave., Port St. Lucie, FL, Property Owner, Dawn Matano. Jason Bourne, spouse of Dawn Matano was sworn in by the Board's Secretary. Officer Williams addressed the Board and stated it is just for the expired permit that the other section for outside storage has been abated. Mr. Bourne addressed the Board and stated he takes full responsibility for the violations. He stated they failed to get a change of address and when the notifications were sent they did not receive them they were received by the tenant of the rental property. He stated they were sent certified mail and were returned to the county. He stated as a coincidence when the final notice was sent they were at the house the next day to sign a new lease and they were given the letter by the tenant. He stated what they are hoping for is a reconsideration of the fine. He stated they have reopened the permit, talked to an architect, gone forward with what needs to be done and according to the permit we have until March 25, 2015 to correct the current violation. Mrs. Monahan asked Mr. Bourne what the permit is for. Mr. Bourne answered the carport was enclosed into a garage, he stated the south wall of the carport did not pass inspection when the inspector came out as it was done improperly and did not meet code. Mr. Currie asked staff if a fine was imposed. Officer Williams addressed the Board and stated there was a fine imposed, but according to Mr. Bourne he felt that we should not have imposed a fine because he was not notified of the fine hearings. She stated staff did everything we are supposed to do, we sent out notices certified mail, but Mr. Bourne wants a reconsideration of the fine hearing. Mr. Currie addressed staff is not the proper way to do this is to correct the violation and then come back to the Board for a fine reduction. Officer Williams addressed the Board and stated he has the two options and he decided to go for a rehearing. Mr. Currie stated he does not know why the Board would reduce the fine when the problem has not fixed. Mr. Currie made a motion in reference to Case #80018 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the recommendation of staff with regard to the existence of a violation, as the violation has not been corrected to deny the reconsideration request and informed the owner to correct the problem and then request a fine reduction hearing. Mr. Taylor seconded and the motion carried unanimously. XIV. OTHER BUSINESS Officer Williams addressed the Board and asked them if they wanted to cancel the January 7, 2015 Code Enforcement Board meeting due to the holidays. The Board decided as there should be a quorum to leave the January 7, 2015 as scheduled. Mr. Hofinann asked staff what is the rules on political signs out there now that the elections are over. Officer Williams answered they have ten (10) days after the election and on the eleventh day if they are still there Code Enforcement goes out and removes them. XV. STAFF BUSINESS None. ADJOURN: There was no further business and the meeting was adjourned at 9:56 a.m.