Loading...
HomeMy WebLinkAboutMeeting MinutesJANUARY 7, 2015 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. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Chairman...........................................................................Mr. Ralph Fogg Board Members....................................................................Mr. Wes Taylor .......................................................................................Mr. Randy Murdock ...................................................................................... Mrs Margaret Monahan .......................................................................................Mr. Brad Currie Board Attorney....................................................................Mr. Jack Krieger ABSENT Mr. Patrick Campion was excused. ELECTION OF OFFICERS: Chairman Fogg passed the gavel to the Secretary to open the floor for elections. The Board's Secretary stated we are now opening the floor for nominations. President Mr. Currie made a motion to nominate Mr. Ralph Fogg as Chairman. Mr. Murdock seconded. Mr. Krieger asked if there were any more nominations, there being none he asked for someone to close the nominations. Mr. Currie moved to close the nominations. Mr. Currie made a motion to elect Mr. Fogg as Chairman. Mr. Taylor seconded and the motion carried unanimously The Board's Secretary passed the gavel back to Mr. Fogg who opened the floor for nominations for the Vice - Chairman. Vice -Chairman Mr. Taylor made a motion to nominate Mr. Randy Murdock as Vice -Chair. Me. Currie seconded and the motion carried unanimously. IV. APPROVAL OF MINUTES — DECEMBER 3, 2014 Mr. Taylor made a motion to accept the minutes of DECEMBER 3, 2014 Mr. Currie 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 VargasBarrios ....................................................................................... Jose Matos ....................................................................................... Chris Counsellor Board Secretary................................................................... Deborah Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Jose Matos, and Chris Counsellor were sworn in. VI. PUBLIC COMMENTS None. VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien — Jose & Sandra Garcia. — Case No. 79560 Satisfaction of Fine and Release of Lien — Steven P. Cole II — Case No. 71421 Satisfaction of Fine and Release of Lien — Curtis B. Woodruff III — Case No. 78340 Request for Fine Reduction Request for Fine Reduction Hearing — John Folger — Case No. 76818 Mr. Currie 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 80925 7101 Ocala Rd., Ft. Pierce Scott Busick 81667 3406 Metzger Rd., Ft. Pierce Ryan Crocker 81858 5101 N AIA, Ft. Pierce Ocean Resorts Co -Op Inc. 82085 247 Airoso Blvd., Port St. Lucie Marine] Ion 82261 710 Savannah St., Ft. Pierce Frederic Hensel Jr. & Janet Hensel 82266 783 Prima Vista Blvd., Port St. Lucie Webb Properties LLC 82062 221 Prima Vista Blvd., Port St. Lucie Curtis B. Woodruff III 81840 182 Selva Ct., Port St. Lucie Thomas W. Kelly 81748 2705 S 2811' St., Ft. Pierce James J. Perry 81631 9015 S Indian River DR., Ft. Pierce Pamela E. Smith 81632 9003 S Indian River Dr., Ft. Pierce Frieda Dickert 81747 10725 S Ocean Dr., Lot 337, Jensen Beach John Kelly & John Kelly (TR) 81771 2809 Placid Ave., Ft. Pierce Jerry K. & Kristine A. Jackson 81977 2811 Placid Ave., Ft. Pierce Susane Meredith 81736 3411 Sunrise Blvd., Ft. Pierce Maximiliano & Riguhey Andreu Case No. 79092 was heard first on the agenda: Case #79092, Location of violation, 7900 Hoeffner Ln., Ft. Pierce, FL, Property Owner, Eric and Elizabeth Martin. Eric Martin, the property owner was sworn in by the Board's Secretary. Moises Gray, Attorney for Mr. Martin was present to represent him. Mr. Grayson stated Mr. Martin would not be testifying as he is still has an undiagnosed neurological condition that prevents his processing and speech, it is slurred and he would not be a competent witness, he is just here with me out of respect for the Board. Officer Williams submitted one (1) photo dated January 6, 2015, three (3) photos submitted by Mr. Martin to Linda Pendarvis from the Planning Department, a copy of a survey submitted by Mr. Martin and a map showing 100 ft. of interior buffer. Mr. Martin was cited January 31, 2014 for being in violation of Section 7.10.03. She stated the chicken coop is not allowed to be located within 100 ft. from neighboring property lines. She stated Mr. Martin was given until February 28, 2014 to bring the property into compliance. She stated after getting no compliance, the case was scheduled to the June 4, 2014 Code Board meeting. She stated Mr. Grayson, Mr. Martin's attorney submitted a letter to the board asking for the case to be continued because he was on vacation. She noted the Board granted the continuation until August 6, 2014. She stated at the August 6, 2014 meeting, Mr. Martin and Mr. Grayson were present. She stated Mr. Grayson asked the Board to continue the case until after the variance hearing scheduled for September 24, 2014. She noted the board continued the case until October 1, 2014. She stated on September 22, 2014, staff received an email from Mr. Grayson asking the Board of Adjustment to continue the variance hearing due to Mr. Martin having health issues. She noted the Board of Adjustment granted an extension until October 22, 2014. She stated on September 30, 2014, staff received an email from Mr. Grayson stating that Mr. Martin has been hospitalized and he is asking the Board to grant an extension until the next meeting. She stated at the October 1, 2014 meeting, the Board granted an extension until December 3, 2014. She stated on October 22, 2014, the Board of Adjustment denied a request for continuance and denied the variance requested by Mr. Martin. She stated at the December 3, 2014, Mr. Martin's attorney asked the Board to continue the case to the January 7, 2015 meeting due to Mr. Martin health issues. She stated the Board continued the case to today's meeting. She stated as of yesterday, January 6, 2015, the chicken coop is still located 7.5 feet from the neighbor's property line to the east and 46.8 feet from the property line south of his property. She stated Mr. Young the neighbor is present today if you want to ask him any questions. He stated that he knows there have been a lot of continuations, but Mr. Martin is being seen at Lawnwood, Shands, Jackson, Mayo in Minnesota, and Mayo in Jacksonville and he is still undergoing assessment. He stated at the time of the variance hearing Mr. Martin was in Mayo and could not attend, the variance was denied which we will address that at a later time under the American with Disabilities Act in a separate action. He thanked the Board for granting them the continuance at the time in December. He stated their contention is under 7.10.03, Animals in Residential Districts, talks about domestic pets. He stated these chickens are 3 show chickens which have won prizes and are Mr. Martin's children's pets and are domestic animals. He stated there is no definition in the code that says that chicken are not domestic pets. Officer Williams stated he was cited under 7.10.03 and before you is a copy of the ordinance she cited which states household domesticated animals and staff intention is a chicken is not a household domesticated animal. Mr. Grayson stated that is what that code says, but if another section of the code says that chickens are domesticated pets, that caged birds are domestic pets which they are, they are shown, they belong to his children and they are family pets. He further stated the citation is not for the structure it is for the chickens, and he believes the citation is faulty. Chairman Fogg asked Mr. Grayson if a chicken was a domesticated to the household animal. Mr. Grayson answered in the affirmative. Mr. Martin stated there is no definition in the code for that term (household domestic pet). He stated the only term is domestic animal which the term poultry and caged birds. He stated that poultry are birds as defined by the scientific community. Mrs. Monahan asked Mr. Martin when you give testimony that your children are showing their chickens, where are they showing them. Mr. Martin stated his oldest son won first place at the St. Lucie County Fair last year. Mrs. Monahan stated so that is an agricultural thing. Mr. Martin answered it is the small animal barn that shows rabbits, chickens and other small animals that people have as pets. He stated there have been iguanas and all sorts of pets. He stated his children also show at specific poultry shows, there is one at Lake City next week, there is one in Inverness in November. Mrs. Monahan asked Mr. Martin if these birds at any time live inside of your house. Mr. Martin answered in the negative. Mr. Currie stated he learns something every time he comes to this Board, which is the reason he is still here. He stated he heard a term a couple of months ago called legislative intent and when you read that code section to him it has a clear legislative intent and you do not have to get into whether it is a chicken or a parakeet or anything like that. He stated it is clear to him that the legislative intent of that is for dogs, cats and birds that fit in a little cage and stay inside of your house, so to him the legislative intent of that section excludes chickens as a domesticated animal. He stated he believes if you asked twenty people if a chicken is a domesticated animal they are going to say it is not a domesticated animal. He stated it is our job to interpret this and the legislative intent is clear to him. Mr. Grayson stated you have to interpret legislative intent consistent with the rest of the legislation. Chairman Fogg asked Katherine Barbieri, Assistant County Attorney, for her input on this. Katherine Barbieri, Assistant County Attorney, addressed the Board and stated she has several comments, first of all the definition that they are alluding to is under the animal control definition which is in the Code and Compiled Laws, this is in the Land Development Code and it says specifically the following words, terms and phrases when used in this Article shall have this meaning and the Article is the Animal Control Article so it does not have any effect here in the Land Development Code. She further stated secondly under the section they have been cited as we stated is household domestic pets that are allowed, chickens are not household, they are agricultural. She stated the structure is cited because they shall not be housed within 100 feet of the property line and they are being housed in that structure within 100 feet of the property line and 0 that is why the structure is cited. She stated third not all pigs would be allowed, there are some that people have made household domestic pets and brought into their house, potbelly pigs she believes is the one breed and that has been determined to be a household pet, because people actually raise them in their houses. Chairman Fogg asked staff if this coop was within 100 feet of the property line or fence it would be fine. Katherine Barbieri, Assistant County Attorney, answered if this coop was moved outside the 100 feet from the property line because of their zoning they could have it. Mr. Martin asked if he could have a list of domestic animals. Katherine Barbieri, Assistant County Attorney, stated staff would be happy to sit down with Mr. Martin and explain it to him. Chairman Fogg addressed Mr. Martin and stated we have tried to work with you on this, given you extensions and we do not want to offend you or your representation, but we are going to have to make a decision today and you will have to take it from there. Mrs. Monahan asked Mr. Martin what they do with the eggs these chickens lay. Mr. Martin answered most of them we eat, many of these chickens do not lay eggs because of the breed that they are, his son raises Golden Sea Brights, we can sell them to other children to show them for over $100.00 per bird, but they lay very few eggs. He stated the one's they do lay are often infertile, so after incubating for ten to twelve days if there is no development they pitch them. Mr. Currie asked if Mr. Martin could move the coop on the property to be in compliance. He asked how big the coop is. Mr. Martin stated it is 60 feet by 20 feet. He further stated on a one acre lot or his lot you cannot get 100 feet from every property line. Kevin Young, neighbor of Mr. Martin was sworn in by the Board's Secretary. Mr. Young addressed the Board and stated Mr. Martin stated you on a square acre you cannot fit, he stated an acre is 200 feet by 200 feet and you have 8 feet in the middle of that to set a structure on. He stated when Mr. Martin was building these coops he told us at another meeting he loaned him the tools to build this chicken houses with, since then the chickens have started crowing at 6:00 o'clock in the morning. He stated they keep the roosters congregated together and they will start crowing at 3:00 a.m, in the morning. He stated he said something to them about the noise. He stated he had a chicken coop for his kids when they were young and it is still there but he does not have chickens anymore and it is 104 feet from his property line. He stated household domestic animals means in your house. He stated this whole thing is a nuisance to him and he has a heart condition with tachycardia brought on by stress and this is a health issue to him. He stated he feels like he is being passively bullied by the Martin's. He stated they call them pets, but have you ever eaten your pets or sell them to be eaten or take them to Busch Gardens Wildlife to be eaten, that is what they do. He stated it states it on their website or it used to and also stated they gave excess chickens to needy people to be butchered and eaten. Chairman Fogg stated the point is well taken sir, we appreciate you coming here today we know you have been here before as a neighbor and you are adjacent to this property correct. Mr. Young answered in the affirmative I am the person on the east. He stated he owed the Board an apology for storming out of the last meeting. Mr. Krieger informed Mr. Fogg he should ask opposing counsel if he has any questions for Mr. Young. Mr. Grayson asked Mr. Young if he has personally seen Mr. Martin or any of his family eat their chickens. 5 Mr. Young answered in the negative. Mr. Grayson asked Mr. Young is it not true that you loaned your tractor to Mr. Martin to build the chicken coop. Mr, Young answered in the negative. Mr. Grayson stated no further questions. Chairman Fogg asked if there were any further questions from the Board, if not we are looking for a motion. Mr. Grayson in closing stated our point is that the codes have to be interpreted consistently and that is the legislative intent. He stated that is how you interpret the Internal Revenue Code, the Treasury regulations, all the laws are interpreted the same way, it is the rule of interpretation to carry out the legislative intent of one definition in one place that is specific carries over the more general and overrules the more general definition. He stated the violation is incorrect, it is not the structure, they could put parrots there and they would be in compliance. He stated if this Board holds that the chickens are not in compliance then Mr. Martin can free range them and the violation would go away, so the violation should have been you cannot have these chickens within the structure because you could have pigs, some pigs he guesses, parrots, dogs and other animals within that structure. He stated we believe that as the result of these definitional inconsistencies in the code the more specific definition overrules the more general one and that chickens are domestic pets. Katherine Barbieri, Assistant County Attorney, stated Mr. Chairman briefly as you know the County is saying these chickens are not household domestic pets and they may not be housed within 100 feet of the property line and therefore the housing of the chickens must be moved. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case #79092 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 February 6, 2015, 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 the motion carried unanimously. Mr. Grayson still had questions and the Board informed him to get with Officer Williams and she can go over any questions he has. He asked the Board if they are voting to correct the violation by removing the chickens or to remove the structure. Mrs. Monahan answered the violation states to please move the coops to an area that complies with this code. Katherine Barbieri, Assistant County Attorney, stated Mr. Chairman if he takes the chickens out and they are no longer in the coop, then staff will meet with him to discuss whether that brings it into compliance, but right now there are chickens in it and it is a coop, but if he removes the animals we will meet with him to discuss then what can be house their whether it is household domestic pets or nothing. She stated currently it is a coop because chickens are housed in it and staff will be happy to meet with them. C.1 Case #82536, Location of violation, 12805 S. Indian River Dr., Jensen Beach, FL, Property Owner, Donna L. Beckford. Danny Beckford, representative for the property owner was sworn in by the Board's Secretary. Officer Williams submitted three (3) photos dated December 4, 2014 and a copy of an incident summary report from the Florida Fish and Wildlife dated November 13, 2014, stating the garage is being used as a processing plant. She stated after receiving a complaint, she inspected the property on December 4, 2014 and found four men processing bait on the property which is in violation of Section 3.01.03(G), RE -2, Residential Estate, 2 Zoning. She issued a letter and gave until December 12, 2014. She stated upon her re- inspection on December 23, 2014, she did not witness anyone on the property. She stated she is asking the board to find the property owner as a To Have Been since this is a recurring violation and the next time the property owner is in violation she will be cited as a repeat violator. She stated the neighbors are here today if the Board has any questions of them. Chairman Fogg asked Mr. Beckford if he was in violation. Mr. Beckford addressed the Board and stated he does not think so, the Florida Wildlife Commission came down and said he was fine, he did not have an RS License that was based to his trailer so he was fined for the RS License which he complied with by getting his RS License and now everything is alright. Mrs. Monahan asked what a RS License is. Mr. Beckford answered a retail license for selling the bait. Chairman Fogg stated the zoning is the problem. Mr. Beckford stated but he is not doing anything there. Chairman Fogg asked Mr. Beckford who is the he you are referring too. Mr. Beckford answered my son. He stated the RS License is for the trailer, the bait made up in the keys and he has a huge trailer he delivers bait in. He stated the bait they were putting in the freezer was for tournaments that started three weeks ago. He stated they are fishing a tournament today, the sailfish championship tournaments is what that bait is for. He stated it is for personal use and it does not get sold. There was discussion among the Board, staff and Mr. Beckford on the violation. Chairman Fogg asked staff this is not allowed in this zoning. Officer Williams answered you are not allowed to process any bait from that location, it is residential. Katherine Barbieri, Assistant County Attorney, addressed the Board and stated we would like to now submit a copy from the Court were his son plead to three (3) counts of criminal violations, misdemeanors to do with this. She stated the failure to have a Saltwater Wholesale Dealers License, failure to have a Saltwater Product License, failure to keep adequate records and she is not sure what the other one is failure to Florida Administrative Code for Saltwater Recording Requirements. Mr. Beckford stated his son paid his fine and is now in compliance. He stated that fine came from the bait he had for sale at White's Tackle. There was further discussion among the Board, staff and Mr. Beckford on the violation. Mr. Currie stated he thinks what Mr. Beckford is trying to say is his son is processing the bait at 12805 S. Indian River Dr. for personal use. Mr. Beckford stated yes all the bait in the freezer at the house is for personal use. Chairman Fogg stated it is not personal use if you are selling it. Mr. Beckford stated it is separate from the business that is based in a trailer. Mr. Currie asked Mr. Beckford how the Board would know that the bait processed at 12805 S. Indian River Dr. does not end up at White's tackle. Mr. Beckford answered there is no way of knowing, how does he proof a negative. Mrs. Monahan asked staff where can people cut up bait and be in compliance. Officer Williams answered in Industrial Light zoning, those kind of zoning not residential zoning. Katherine Barbieri, Assistant County Attorney, stated staff would like the Board to look at this picture, this is the county's position, see the amount of individuals in the picture and the amount of bait and he is saying it is for personal use. Mr. Currie asked Mr. Beckford where they process the bait they sell. Mr. Beckford answered it is picked up in the Keys and put on a trailer and sold fresh. Mr. Currie stated you said it is packaged. Mr. Beckford answered yes they vacuum pack them and sell them. Mr. Currie asked in the Keys. Mr. Beckford answered no all over St. Lucie County, all over the place. Mr. Currie asked Mr. Beckford who vacuum packs the bait. Mr. Beckford answered my son does. Mr. Currie asked Mr. Beckford your son vacuum packs the bait where. Mr. Beckford answered in the garage, but that is not processing it is it. Mr. Currie answered yes it is you are running a business out of the garage. Shawn Ninesling, neighbor to 12805 S. Indian River Dr. was sworn in by the Board's Secretary, Mr. Ninesling stated he just wants this to stop, there are even more people than shown in the pictures processing bait. He stated this is not a hobby, it is being sold, they have a website you could look at with pictures of them right there at the house. He stated this stuff is done at night and in the morning and needs to end, it has gone on for two seasons now, it will end now soon when the tournaments stop. He stated we want some quiet and it will start back up in October and he wants to make sure we stop this now. Mrs. Monahan asked Mr. Beckford if any of the individuals shown in the picture is his son. Mr. Beckford answered yes the one in the white overalls. Mrs. Monahan asked Mr. Beckford who the other three are. Mr. Beckford answered my other son Taylor in the green and his friend Josh. Chairman Fogg asked Mr. Beckford who the other one is, there are four men. Mr. Beckford answered Taylor, Josh, Kyle and Drew, they are high school friends. Mrs. Monahan asked Mr. Beckford if his son pays anyone. Mr. Beckford answered in the negative. Mrs. Monahan asked Mr. Beckford if they split the profit when they are sold. Mr. Beckford answered in the negative. Chairman Fogg stated they work for free. Mr. Beckford answered they are buddies. Mrs. Monahan asked Mr. Beckford if they are the only four that cut bait. Mr. Beckford answered there is another gentleman, Mr. McManus. Mrs. Monahan asked if he gets paid. Mr. Beckford answered in the affirmative he is employed. Chairman Fogg stated this is a To Have Been and we are looking for a motion. Mrs. Monahan made a motion in reference to Case #82536 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. The violator is hereby ordered to refrain from future violations. Failure to keep the property in compliance may result in enforcement action as a repeat violation, in which case a fine of up to $500.00 per day may be imposed from the date of notice to the violator of the repeat violation. Mr. Murdock seconded and the motion carried unanimously. Case #81754, Location of violation, 5602 Deleon Ave., Ft. Pierce, FL, Property Owner, Joe DaCosta. Joe DaCosta was sworn in by the Board's Secretary. Officer Vargas Barrios submitted three (3) photos, two (2) dated September 16, 2014 taken by Officer Swartzel and one (1) dated December 19, 2014. She stated on October 21, 2014, a Notice of Violation was sent to Mr. Joe DaCosta the property owner at 5602 Deleon Ave. to please obtain a permit for the roof repair with a correction date of November 17, 2014. She stated on November 24, 2014, a Notice to Appear was sent and as of January 6, 2015, a permit has not been issued, this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits. There was discussion among the Board, staff and Mr. DaCosta on the violation and why it has not been corrected. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case #81754 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 March 2, 2015, 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 lst 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 #81673, Location of violation, 10725 S Ocean Dr., Lot 267, Jensen Beach, FL, Property Owner, Robert A. Kern. There was no one present to represent the property owner. Officer Vargas Barrios stated staff is requesting this for a continuation on this case, the property owner could not be here today, but is working with staff. Mrs. Monahan made a motion in reference to Case #81673 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on February 4, 2015. Mr. Taylor seconded and the motion carried unanimously. Case #81415 Location of violation, 180 SE Naranja Ave., Port St. Lucie, FL, Property Owner, Advantage Alliance LLC. Byron Hincabie, representative for the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios submitted five (5) photos, two (2) dated August 8, 2014, and three (3) dated January 5, 2014. She stated on August 8, 2014, a Notice of Violation was sent to Advantage Alliance LLC the property owner listed for 180 SE Naranja Ave. to please obtain a permit for the renovation including the new door, covering of the window, enclosing the screen porch, etc. with a correction date of August 22, 2014. She stated on September 26, 2014, the owner contacted staff and it was explained to him what is needed to bring the property into compliance. She stated he requested an extension and the extension was granted until October 24, 2014. She stated after noticing the permit was not applied for on November 24, 2014, the Notice to Appear was sent. She stated as of January 6, 2015, the permit has not been applied for. She stated this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. She noted the owner is here to speak to the Board and ask for more time. There was discussion among the Board, staff and Mr. Hincabie on the violation and why it has not been corrected. Mr. Hincabie requested ninety days to correct the violation. Chairman Fogg stated we are looking for a motion. Mr. Taylor made a motion in reference to Case #81415 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 April 1, 2015, 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. Murdock seconded and the motion carried unanimously. Case #81498, Location of violation, 2308 S 3911' St., Ft. Pierce, FL, Property Owner, Jason Allan. Jason Allan was sworn in by the Board's Secretary. Officer Vargas Barrios submitted two (2) photos, one (1) dated September 18, 2014, and one (1) dated December 29, 2014. She stated on September 18, 2014 a Notice of Violation was sent to Mr. Jason Allan the property owner for 2308 S. 39th St. to please obtain a permit for the addition/porch in the back of the W property with a correction date of November 24, 2014. She stated on 11/24/2014, a Notice to Appear was sent and as of January 6, 2015, a permit has not been issued. She stated this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits and Sign Permits. She stated staff has had no contact from the property owner. There was discussion among the Board, staff and Mr. Allan on the violation and why it has not been corrected. Mr. Taylor made a motion in reference to Case #81498 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 March 2, 2015, 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 13t 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. Case #81561 and Case #81562 are companion cases and were heard together. Case #81561, Location of violation, 5699 S US Hwy 1, Ft. Pierce, FL, Property Owner, Sharron D. Peterson There was no one present to represent the property owner. Officer Williams stated staff is asking the board to find the case to be found as a To Have Been in violation, it is a default but also is a To Have Been. Mr. Krieger informed the Chairman that both companion cases Case #81561 and Case #81562 are treated as a default and staff will put both cases as a To Have Been and we can move on. Case #81562, Location of violation, 5699 S US Hwy 1, Ft. Pierce, FL, Tenant/Violator, Direct Buy Furniture. There was no one present to represent the property owner. Officer Williams stated staff is asking the board to find the case to be found as a To Have Been in violation, it is a default but is a To Have Been. Mr. Krieger informed the Chairman that both companion cases Case #81561 and Case #81562 are treated as a default and staff will put both cases as a To Have Been and we can move on. Case #81272, Location of violation, 7446 S US Hwy 1, Ft. Pierce, FL, Property Owner, Ti Ti Properties There was no one present to represent the property owner. Officer Williams stated staff is asking the Board to continue this case to the February 4, 2014 meeting. Mrs. Monahan made a motion in reference to Case #81272 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on February 4, 2015. Mr. Currie seconded and the motion carried unanimously. Case #81993, Location of violation, 7446 S US Hwy 1, Ft. Pierce, FL, Tenant/Violator, Refugio De Amor Y Poder and Pedro Rosado There was no one present to represent the property owner. Officer Williams stated staff is asking the Board to continue this case to the February 4, 2014 meeting. 11 Mrs. Monahan made a motion in reference to Case #81993 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on February 4, 2015. Mr. Currie 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 82454 2908 Kingsley Dr., Ft. Pierce Eugene Brown Jr. & Joyce J. Brown 82278 2682 Mohawk Ave., Ft. Pierce Inuka K. & Jacqueline F. Rhaheed 81711 5003 Sanibel Ave., Ft. Pierce Richard III LLC 81941 7803 Paso Robles Blvd., Ft. Pierce Patricia L. Rumfelt 81561 5699 S US Hwy 1, Ft. Pierce Sharron D. Peterson 81562 5699 S US Hwy 1, Ft. Pierce Direct Buy Furniture 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. Currie seconded and the motion carried unanimously. IX. FINE HEARING: Case No. 79100, Location of violation, 4721 N US 1, Ft. Pierce, FL, Property Owner, Rockingham Carriage Service Inc. Rupert Koblegard, Attorney for the property owner was present to represent them. Officer Williams submitted three (3) photos dated January 6, 2015. She stated this case came before the Board on August 6, 2014, and was found and given until November 7, 2014, to cease parking on an unapproved surface. She stated at the December Fine Hearing, the case was continued to today's meeting. She stated as of yesterday, January 6, 2015, the approved surface was installed and the property is in compliance. She stated staff and the property owner have been working together to bring the property into compliance. Mr. Koblegard addressed the Board and stated they are asking that Board to consider waiving the fine. He stated he does not think the County has any objections to this. Officer Williams stated no we do not have any objections to waiving the fine. Katherine Barbieri, Assistant County Attorney, stated this is the fine hearing and is past the compliance date, so it is up to the Board's digression whether to impose a fine or not but they are in compliance now and staff has no objections if you choose not to. Mrs. Monahan made a motion in reference to Case No. 79100 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the recommendation of staff with regards to the existence of a violation, we determine there is no violation of this ordinance and no fine is imposed. Mr. Taylor seconded and the motion carried unanimously. Case No. 80182, Location of violation12521 S Indian River Dr., Jensen Beach, FL, Property Owner, Federal Home Loan Mortgage Corp. Aaron Poger, Broker for Freddie Mac the property owner and Jim Campbell, Contractor were sworn in by the Board's Secretary. 12 Officer Vargas Barrios re -submitting seven (7) photos, three (3) dated April 7, 2014, three (3) dated April 30, 2014, and one (1) dated September 2, 2014. She stated this case was brought before the Code Enforcement Board hearing on September 3, 2014, and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. She stated the Board gave until December 5, 2014 to bring the property into compliance. She stated as of January 6, 2015, the property remains without a building permit for enclosing the garage into a habitable space, new shutters, the windows and the door. She stated a representative is here to update the Board. There was discussion among the Board, staff, Ms. Poger, and Mr. Campbell on the violation and why it has not been corrected. Ms. Poger addressed the Board and stated they are working very diligently to correct all the violations, we have hired the contractor, and all the work has been done. She stated when Mr. Jim Campbell the contractor went to apply for the permit the drain field had to be replaced, which is done and signed off by the Health Department on December 30, 2014, which is the last piece of the puzzle that they need now so Mr. Campbell can apply for the permit. There was discussion among the Board, staff and Mr. Campbell on how long they have been working on the violation as the Board had previously give them ninety days to correct the violation. Mr. Campbell stated he was at the Building Department this morning, the permit is complete, turned in and he was informed it would not be ready in at least four weeks. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 80182 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 March 30, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 80685, Location of violation, 6490 S US Hwy 1, Ft. Pierce, FL, Property Owner, Rainbow Rentals LLC. Kevin Gallagher, representative for the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios re -submitting two (2) photos, one (1) dated June 10, 2014, and one (1) dated September 29, 2014. She stated this case was brought before the Code Enforcement Board on October 1, 2014, and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. She stated the Board gave until December 3, 2014 to bring the property into compliance. She stated as of January 6, 2015, the property is now in compliance as the permit was issued for the wood structure on the property. She stated however the permit was issued on December 18, 2014, the property was in violation for fifteen (15) days. There was discussion among the Board, staff and Mr. Gallagher on the violation. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 80685 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff with regards to the existence of a violation, we determine the violation has been abated and no fine is imposed. Mr. Murdock seconded and the motion carried unanimously. 13 Mr. Gallagher asked the Board if they could jump to number 5 on the agenda Case No. 81174 as he is also representing that case. Case No. 81174, Location of violation, 6545 N US Hwy 1, Ft. Pierce, FL, Property Owner, P and G Management LLC. Kevin Gallagher, representative for the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios stated re -submitted eleven (11) photos, ten (10) dated July 18, 2014 and one (1) dated September 29, 2014. She stated this case was brought before the Code Enforcement Board on October 1, 2014, and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. She stated the Board gave until December 3, 2014 to bring the property into compliance. She stated on October 27, 2014 the permit for the renovation to the club house was applied for, but as of today the permit has not been issued and is on a pending status. She stated Mr. Gallagher is here to update the board. Mr. Gallagher addressed the Board and stated the application has been submitted and is in plan review. He stated he had to hire an engineer and then had to switch contractors because it is commercial not residential which took a little bit of time. He stated it has been through plan review, they are waiting for a few comments, and they have just had some delays and are waiting for the electrical and plumbing contractor to come in. He informed the Board we probably need another sixty days. There was discussion among the Board, on whether to set a date or continue this case. Officer Williams addressed the Board and stated staff would like a date certain please. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 81174 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 March 30, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 80263, Location of violation, 522 Silverstream Cir., Ft. Pierce, FL, Property Owner, Ridgecrest Mobile Home Park. Nicole Oakes, representative for the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios stated re -submitted six (6) photos, 5 dated April 22, 2014, and one (1) dated September 18, 2014. She stated this property was brought before the Code Enforcement Board on October 1, 2014, and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. She stated the Board gave until December 3, 2014 to bring the property into compliance and as of January 6, 2015 the property remains without a building permit for the renovation done to the mobile home. She stated a representative for the property owner is here to update the Board. There was discussion among the Board, staff and Nicole Oakes on the violation and why it has not been corrected. Chairman Fogg stated we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 80263 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 14 fine of $250.00 per day shall be imposed for each day the violation exists starting March 30, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 79939, Location of violation, 5003 Regina Dr., Ft. Pierce, FL, Property Owner, Savanna Concierge LLC. Michal Waldrop, Innovation Contracting Inc., representative for the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios re -submitted eleven (11) photos, ten (10) dated April 8, 2014 taken by Inspector Johnson and one (1) dated September 30, 2014. She stated this case was brought before the Code Enforcement Board on October 1, 2014, and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. She stated the Board gave until December 3, 2014 to bring the property into compliance. She stated the permit for the interior renovation to the home was applied for but as of today the permit has not been issued and is still in a pending status. She stated a representative for the property owner is here to update the Board. Carl Peterson, Building Official, addressed the Board and stated as of this morning the permit is ready to go. There was discussion among the Board, staff and Mr. Waldrop on the violation and why it has not been corrected and how long it will take to correct the problem. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No.79939 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 January 20, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case No. 81655, Location of violation, 6708 Gaddy St., Ft. Pierce, FL, Property Owner, Little Achievers Childcare Center Inc. There was no one present to represent the property owner. Officer Swartzel submitted six (6) photos, two (2) dated September 4, 2014, one (1) dated October 28, 2014, and three (3) dated January 2, 2015. She stated 6708 Gaddy St. was brought to the November 6, 2014 Code Board and found in Default of 1-9-32 (D), Overgrowth, and 1-9-19, Outside Storage. She stated the Board gave a compliance date of December 5, 2014. She stated she has had no contact with the property owners and as of January 6, 2015 this property remains in violation. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 81655 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 6, 2014 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. 15 Case No. 81501, Location of violation, 4003 Avenue R, Ft. Pierce, FL, Property Owner, Sauternes V LLC. There was no one present to represent the property owner. Officer Matos submitting five (5) photos, two (2) dated August 28, 2014, two (2) dated November 4, 2014, and one (1) dated January 6, 2015. He stated this case was found in Default at the November 5, 2014 Code Board for being in violation of Section 1-9-32 (D), Public Nuisance, for excessive overgrowth and Section 13.09.00, Section 301.3, Vacant Structure and Land. He stated the Board gave until December 5, 2014 to bring the property into compliance and as of January 6, 2015 the property still remains in violation. He stated he has had no contact with the property owner. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 81501 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 6, 2014 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. 2ND MOTION Mrs. Monahan made a motion in reference to Case No. 81501 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. X. REPEAT VIOLATION None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. XII. FINE REDUCTION HEARING Case No. 79890, Location of violation, 5715 Hickory Dr., Ft. Pierce, FL, Property Owner, Chase Home Finance. Fine Reduction requested by Joshua Bradley, Standout Home Servicing. Mickey Bradley, representative for Standout Home Servicing was sworn in by the Board's Secretary. There was discussion among the Board, staff and Mr. Bradley on the violations and why he is asking for a reduction in the fine. Mr. Bradley stated he is a real estate broker and investor along with his son. He stated they did a title search on October 19, 2014, and the title work came bac o.k. before they bought this property at foreclosure sale on October 22, 2014 they purchased this home and on October 23, 2014 his son made sure the house was secured and all the landscape and grass was cut and complete because it was wildly overgrown. He stated on October 27, 2014 after they had received clear title work a lien was filed in the name of Chase Home Finance. He stated Chase never actually took possession of the property because they sold it at foreclosure sale. He stated they did their due diligence before they purchased the property so they are asking for the fine to be reduced to $1,000.00 so we both win and we get back the money that is tied up. Chairman Fogg stated we are looking for a motion. 16 Mrs. Monahan made a motion in reference to Case #79890 that the Code Enforcement Board makes the following determination: The fine of $5,200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $1,000.00. This reduced fine must be paid within ten days of this hearing or the fine will revert back to the original fine of $5,200.00. Mr. Murdock seconded and the motion carried. XIII. OTHER BUSINESS XIV. STAFF BUSINESS • Chairman Fogg called Mr. Hofmann forward and informed on behalf of staff and the Board we would like to present you with this Certificate of Acknowledgement for your service and request that you apply for the At Large opening on the Board to the County Commission as we would all like to have you back. He thanked Mr. Hofmann for all his has done for the Board and stated we all appreciate you. There was applause for Mr. Hofmann and his service. Mr. Hofmann stated he appreciates the honor of being on the Board for nine years and he cannot believe how fast it went by. He stated he is going to the Board and staff has gotten us out of a lot of trouble a lot of times when they were floundering for clarity. He thanked staff for their professionalism. • Officer Williams presented a power point presentation of before and after pictures from the Abatement Program. ADJOURN: There was no further business and the meeting was adjourned at 11:01 a.m. 17