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HomeMy WebLinkAboutCode Board Meeting March 4MARCH 4, 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 9:00 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 ....................................................................................... Mi Holman ...................................................................................... Mrs Margaret Monahan ....................................................................................... Mr Brad Currie .......................................................................................o Mr Patric Campion Board Attorney....................................................................Mr. Jack Krieger ABSENT None. IV. APPROVAL OF MINUTES — FEBRUARY 4, 2015 Mr. Campion made a motion to accept the minutes of FEBRUARY 4, 2015 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 ........................................................................................ Monrca VargasBarrios ........................................................................................ Jose Matos ........................................................................................ Cl -Iris Counsellor Board Secretary....................................................................Deborah Isenhour Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Chris Counsellor and Jose Matos were sworn in. 1 VI. PUBLIC COMMENTS None. VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien — John Folger — Case No. 76818 Satisfaction of Fine and Release of Lien — Robert E. Mitchell (EST) — Case No. 74054 Release of Lien — Dianne and Larry Estabrook — Case No. 56637 Mr. Murdock 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 82419 8280 Business Park Dr., Port St. Lucie St. Lucie Business Park LLC 82469 8280 Business Park Dr., Port St. Lucie Good Samaritan Ministries 82537 401 E Prima Vista Blvd., Port St. Lucie Primestar Fund I TRS Inc 82187 158 SE Soneto Ct., Port St. Lucie Tom and Carrie Roe 82181 137 Placita Ct., Port St. Lucie Harold Smith (EST) Case No. 82410 was heard first on the agenda: Case #82410, Location of violation, 4486 Edwards Rd., Ft. Pierce, FL, Property Owner, Robert G. and Samantha J. Graff. Robert G. Graff, the property owner was sworn in by the Board's Secretary. Officer Counsellor submitted eight (8) photos, four (4) dated November 25, 2014, one (1) dated February 23, 2015, and three (3) dated March 2, 2015. He stated during his first inspection on November 25, 2014, he found 4486 Edwards Rd. to be in violation of Section 38-97, Prohibited Acts, for the overgrowth, Section 38-26, Outside Storage & Junk, Trash, & Debris, 13.09.01, Exterior Property Maintenance, Section 301.3, for the vacant structure having broken windows and 13.09.01, Exterior Property Maintenance, Section 302.7, Accessory Structures, for the wooden structure located on the back of the property. He stated he issued a letter and gave a Compliance date of December 18, 2014. He stated after receiving no contact and gaining no compliance, he issued a Notice to Appear on February 11, 2015, for the March 4, 2015, Code Enforcement Board. Officer Counsellor stated on February 13, 2015, he received a phone call from Mr. Robert Graff the listed property owner. He stated that Mr. Graff informed him the property was no longer his do to financial issues and the Clerk of Court he had lost the property. Officer Counsellor stated after checking the Clerk of Court records no change of title on the property could be found, leaving Mr. Graff as the responsible party for the property. He stated he has spoken to Mr. Graff and Mr. Graff stated he would need more time to take care of the violation. Chairman Fogg asked Mr. Graff if he was in violation. Mr. Graff answered if the property is still mine he is in violation. He stated he listed the property in a bankruptcy in 2012 and the bankruptcy went through in 2013 and he has had nothing to do with the property since then. Chairman Fogg stated just because it was listed in the bankruptcy does not take it out of your name. Mr. Graff stated I see that now and stated if he to go clean it up he will, but he has a letter from Chase stating they were taking over the property. He stated that was the last he heard from Chase, they were going to put locks on the doors and he asked the Board if they wanted to see the letter. Chairman Fogg stated I do not think we need to see the letter and stated at this time our records show the property is in your name so you would be the responsible party at this time. He informed Mr. Graff if he could clean it up it would be good for the area and the neighbors. Chairman Fogg asked the Board if they had any further questions on this and if not we are looking for a motion. There was discussion among the Board, staff and Mr. Graff on the violations and the bankruptcy. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #82410 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 we determine that 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 June 30, 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 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. Murdock seconded the motion carried unanimously. Case #82545, Location of violation, 5701 Orange Ave., Ft. Pierce, FL, Property Owner, West of Towners LLC. Joseph Miller, managing partner of West of Towners LLC was sworn in by the Board's Secretary. Officer Vargas Barrios submitted two (2) photos, one (1) dated November 24, 2014 taken by Officer Williams, and one (1) dated February 19, 2015. She stated on December 8, 2014, a Notice of Violation was sent to West of Towners LLC, the property owners listed for 5701 Orange Ave., to please obtain a permit for the new wood railing on the porch with a correction date of February 22, 2014. She stated on February 6, 2015, a Notice to Appear was sent and on February 19, 2015, the property was posted. She stated staff has had communication with the owner. She noted as of March 3, 2015 the property remains without a perinit, this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign permits. She stated Mr. Miller is here to ask for more time. Chairman Fogg asked Mr. Miller if the property is in violation. Mr. Miller answered yes sir it is definitely in violation. He stated Domenick's Corner Grill was sold on August 13, 2014, the new lease holder is now Marc's Corner Grill. He stated the deck was existing and the new lease holder put the railing up and unbeknownst to both of them that a permit needed to be pulled. He stated as he understands when he changed the face on the sign it also a violation which he was totally unaware of. He stated the architectural drawings are in my office and he is going to have his assistant fill out the paperwork today and he hopes to have it to Mr. Roseberry by the end of the week. He stated there are some other code issues with the deck that has to be refurbished and it will all be up to code when it gets done according the Building Department. He stated he does not know how long it will take to process the permits but he assumes it will be a couple of weeks, so shortly after that it will be complete and he will be happy to stay in touch with your Code Department and when it is done he will bring them the paperwork. He stated in thirty to four -five days it should be complete. Chairman Fogg asked the Board if they had any questions on this and if not we are looking for a motion. 3 Mrs. Monahan made a motion in reference to Case #82545 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 May 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 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. Campion seconded 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 82521 4911 Elm Ave., Ft. Pierce Frankie L. Murphy 82771 9611 1,,'-nollwood Ln., Ft. Pierce Bank of America NA 82670 4007 Avenue M., Ft. Pierce James A. Williams (EST) 82285 5105 Deer Run Dr., Ft. Pierce Thomas E. and Alicia Atkinson 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: Cases No. 76192, 76185, and 76184 are Companion Cases. Case No. 76192, Location of violation, 908 Shorewinds Dr. A, B, and C, Ft. Pierce, FL, Property Owner, John D. and Kristine N. Hendricks. There was no one present to represent the property owner. Officer Vargas Barrios stated the neat three (3) cases are companion cases and staff is requesting for them to be continued for ninety (90) days. Chairman Fogg asked for information and testimony on the companion cases. Officer Vargas Barrios stated the homeowners are working together to get this project going so staff is requesting ninety (90) days to allow them that time. Chairman Fogg stated we are looking for three motions. Mr. Currie made a motion in reference to Case 476192 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on June 3, 2015. Mrs. Monahan seconded and the motion carried unanimously. Case No.76185, Location of violation 804 Shorewinds Dr. A, B, and C, Ft. Pierce, FL, Property Owner, Shorewinds LLC. There was no one present to represent the property owner. E Officer Vargas Barrios stated the next three (3) cases are companion cases and staff is requesting for them to be continued for ninety (90) days. Mr. Currie made a motion in reference to Case #76185 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on June 3, 2015. Mrs. Monahan seconded and the motion carried unanimously. Case No. 76184, Location of violation, 802 Shorewinds Dr. A, B, and C, Ft. Pierce, FL, Property Owner, Charles Van Buskirk. There was no one present to represent the property owner. Officer Vargas Barrios stated the next three (3) cases are companion cases and staff is requesting for them to be continued for ninety (90) days. Mr. Currie made a motion in reference to Case #76184 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on June 3, 2015. Mrs. Monahan seconded and the motion carried unanimously. Case #81754, Location of violation, 5602 Deleon Ave., Ft. Pierce, FL, Property Owner, Joe DaCosta. There was no one present to represent the property owner. Officer Vargas Barrios re -submitted three (3) photos, two (2) dated September 16, 2014, taken by Officer Swartzel and one (1) dated December 19, 2014 taken by her. She stated this case was brought before the Code Enforcement Board on January 7, 2015, and the Board found it in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits for not having a permit for the roof repair. She stated the property owner was present at the meeting and the Board gave until March 2, 2015 to bring the property into compliance. She noted as of March 4, 2015, the property remains in violation as no permits have been applied for. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Currie made a motion in reference to Case No. 81754 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 3, 2014 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Motion Amended as there was a typo on the year. Mr. Currie made a motion in reference to Case No. 81754 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 3, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case 481498, Location of violation, 2308 S 39" St., Ft. Pierce, FL, Property Owner, Jason Allan. There was no one present to represent the property owner. 5 Officer Vargas Barrios re -submitted two (2) photos, one (1) dated September 18, 2014, and one (1) dated December 29, 2014. She stated this case was brought before the Code Enforcement Board on January 7, 2015. She stated the Board found it in violation of St. Lucie County Land Development Code, 11.05.01 Building and Sign Permits, for not having a permit for the wood addition in the back of the home. She stated the property owner was present at the meeting. She stated the Board gave until March 2, 2015, to bring the property into compliance. She noted on February 20, 2015, a permit was applied for, but as of March 4, 2015, the property remains in violation as the permit has not been issued and there are review comments that need be addressed. Chairman Fogg stated we are looking for a motion. Mr. Currie stated he has a question on this and asked staff if it is a matter of it being reviewed by the Building Department or is there an issue with it. Carl Peterson, Building Official, addressed the Board and stated we still have to review it and there is an issue with the finished floor elevation and they have to apply to get a relief from the code on that from Mr. Satterlee. He stated it is a little bit more than just the Building Department finishing upon it. Chairman Fogg asked Mr. Peterson if the homeowner is notified that there is some more work to be done. Mr. Peterson answered they notify the owner, they go ahead with the review and these two things will run simultaneously. Mrs. Monahan asked Mr. Peterson if he had any clue as to how much time they would need. Mr. Peterson answered he would give them sixty (60) to ninety (90) days. There was discussion among the Board and staff on the elevation issues on this violation. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 81498 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 1, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case #82278, Location of violation, 2682 Mohawk Ave., Ft. Pierce, FL, Property Owner, Inuka K. and Jacqueline F. Rhaheed. There was no one present to represent the property owner. Officer Matos submitted three (3) photos, one (1) dated October 28, 2014, one (1) dated January 5, 2015, and one (1) dated March 3, 2015. He stated this case was found in default at the January 7, 2015 for being in violation of Section 38-97, Prohibited Acts, for excessive overgrowth. He stated the Board gave until February 6, 2015 to bring the property into compliance. He stated as of March 3, 2015, the property still remains in violation. He noted he has had contact with Jaqueline F. Rhaheed the owner and she has stated to him she has no interest in the property and has not had any interest since 2011 and has no money to get the grass cut. Mr. Campion made a motion in reference to Case No. 82278 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 February 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Chairman Fogg stated should we refer this to the Board of County Commissioners. Officer Williams addressed the Board and stated she is going to do this property through the assessment process instead of through the Board of County Commissioners. Case #81711, Location of violation, 5003 Sanibel Ave., Ft. Pierce, FL, Property Owner, Richard III LLC. There was no one present to represent the property owner. Officer Swartzel submitted five (5) photos, two (2) dated September 11, 2014, and three (3) dated March 2, 2015. She stated 5003 Sanibel Ave. was brought to the January 7, 2015, Code Board and found in default of Section 38-97, Overgrowth, and 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, to repair the broken windows in the fi•ont of the property. She noted the Board gave a compliance date of February 6, 2015. She stated she has had no contact with the property owner and as of March 4, 2015 the property still remains in violation. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case No. 81711 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 February 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Chairman Fogg asked Officer Williams if this property was also on the list for assessment to get the grass cut. Officer Williams answered in the affirmative. X. REPEAT VIOLATION None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. XII. FINE REDUCTION HEARING Case No. 72052, Location of violation, 10725 S. Ocean Dr., Lot 127, Jensen Beach, FL, Property Owner, Maryse Major and Pierre Rompre. Fine Reduction requested by Maryse Major. Maryse Major was sworn in by the Board's Secretary. Maryse Major stated she is here only one week a year. She stated she has had problems with her property since 2012 and has had bad luck with an engineer doing plans for her in 2012 and they were not approved. She stated she needed to find another contractor, she found one, did some work with him which took so long and finally everything was going not too bad. She stated we are talking one year now and she sent him over one hundred emails and Officer Vargas Barrios can maybe verify some of this because she contacted her so many times. She stated she is in Montreal and English is not her first language so it makes things really hard for her. She stated the contractor finally submitted the plans on April 1, 2014. She stated she was here in April last year and was making sure everything was fine and contacted Officer Vargas Barrios to make sure she did not have any penalty. She stated everything was in order all he had to do was to pick up the permit as everything was approved. She stated she contacted the contractor on April 18, 2014 and he stated go on Monday and pick up the permit which he did not do, so in May penalties started which she did not know about. She stated after he obtained the permit he never did the work and every time she talked to him he assured her he was doing the work and she trusted him. She stated he never did the job so the end of December she found another contractor and she is here today to also get the permit to get the job done. She stated it is really hard for her to fmd someone when she is at home in Canada. Officer Williams addressed the Board and stated the permit was issued June 20, 2014, but because the contractor did not do the final inspection it is now expired. She stated on June 20, 2014 the case was closed, but the issue is the permit is now expired because the contractor did not do the final inspection, which is another issue. Chairman Fogg asked the Board if they had any questions on this case and stated staff has made a recommendation and we have heard the property owner's testimony. Maryse Major stated she has a new contractor and will be trying to get a new permit to finish the work today. There was more discussion among the Board, staff and Maryse Major on the history of this violation. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #72052 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. The prosecution cost of $200.00 was imposed. Mr. Currie seconded and the motion carried unanimously. Case No. 78298, Location of violation, 201 S Jenkins Rd., Ft. Pierce, FL, Property Owner, West of Towners LLC. Fine Reduction requested by Joseph Miller. Joseph Miller representative for West of Towners LLC was sworn in by the Board's Secretary. Joseph Miller stated he believes this started about a year, he does not remember all the details, his partner at the time had possession of the property and he passed the citation on to him and he said he would handle it. He stated unfortunately it was never handled until he found out there was a $5,000 lien on the property. He stated Officer Williams has been very helpful and very accommodating and they fixed the problem. He stated he apologizes for not being here last month because there was a little miscommunication, but he would like to resolve the issue today and get this behind me. He stated his partner left him with a whole bag of problems, but he is working through them one at a time. He stated he appreciates Code Enforcement for being so accommodating with this situation, it has gone on way to long and it is in my neighborhood and he certainly did not want an eyesore in that neighborhood. There was discussion among the Board and Mr. Miller on the violations. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #78298 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 $200.00. 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. Currie seconded and the motion carried unanimously. Case No. 35783, Location of violation, 1945 Old Dixie Hwy., Ft. Pierce, FL, Property Owner, Lon F. Parsons. Fine Reduction requested by Lon F. Parsons, Lon F. Parsons was sworn in by the Board's Secretary. Lon F. Parsons stated he was out of state with a family emergency when this violation occurred and worked at that time with Officer Russell Zervos who he worked well with, but somehow something slipped through the cracks and when he came back from Michigan he found a door hanger with a code violation that was going to the Board. He stated there was not a lot he could do with it at that time as it had come before the Code Board and was fined retroactive $250 a day for two weeks before he got back. He stated he solved the problems, got rid of the junk cars, kicked out the tenants and cleaned it up. He stated after that he had a stroke, hospitalization and health issues that went on for years and he was not able to deal with it. He stated he is at a point now where he has to borrow money to pay back taxes and this off and if he can get a lien reduction he might be able to borrow enough to save this property. Chairman Fogg stated this is from 2005 and this is 2015 it has been ten years. He stated now that you need to borrow some money you need to do something with this. Mr. Parsons answered actually looking back in history that back the pastor in his church at that time used to sit on this Board and he argued at that time that he needed time to fix it and it did not happen, so it went on for years and finally his wife said you know it is not going to go away. Mr. Currie stated the violation was abated on August 4, 2005 and it was only in violation for thirteen days. Mr. Murdock made a motion in reference to Case #35783 that the Code Enforcement Board makes the following determination: The fine of $6,500.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. The prosecution cost of $200.00 was also reduced to zero. Mr. Taylor seconded and the motion carried unanimously. XIII. OTHER BUSINESS Mr. Hofmann stated he would like to thank the Board of County Commissioners for giving him the opportunity to be back on the Board. The Board informed Mr. Hofinann they were glad to have him back. XIV. STAFF BUSINESS ADJOURN: There was no further business and the meeting was adjourned at 10:00 a.m.