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HomeMy WebLinkAboutMinutes 4.1.15APRIL 1, 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 9:02 a.m., by Mr. Murdock. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Vice-Chairman....................................................................Mr. Randy Murdock BoardMembers....................................................................Mr. Wes Taylor .......................................................................................Mr. Hofmann ....................................................................................... Mr. Brad Currie Board Attorney....................................................................Mr. Jack Krieger ABSENT Mr, Ralph Fogg, Mrs. Margaret Monahan, and Mr. Patrick Campion IV. APPROVAL OF MINUTES — MARCH 4, 2015 Mr. Currie made a motion to accept the minutes of MARCH 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 Code Enforcement Officer .......................................................Melissa Brubaker ....................................................................................... Lynn Swartze ............................................................. I ..................... I .... Monica VargasBarrios ........................................................................................ Jose Matos ... ... ........ ........................................................... I.............. Chas Counsellor Board Secretary....................................................................Deborah Isenhour Monica Graziani, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Chris 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 — Financial Freedom Acquisition LLC Case No. 70089 Satisfaction of Fine and Release of Lien — Maryse Major and Pierre Rompre — Case No. 72052 Satisfaction of Fine and Release of Lien — West of Towners LLC — Case No. 78298 Request for Fine Reduction Hearing Request for Fine Reduction Hearing — Deutsche Bank NA (TR) — Case No. 54789 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 82989 184 U Vista Ct., Ft. Pierce Osvaldo Rodriguez 82146 6497 N US Hwy. 1, Ft. Pierce P and G Management LLC 82142 6427 N US Hwy. 1, Ft. Pierce P and G Management LLC 82151 6491 N US Hwy. 1, Ft. Pierce P and G Management LLC 82693 5311 Myrtle Dr., Ft. Pierce Michael T. Edenfield 82690 910 Echo St., Ft. Pierce Vega's Home Construction Inc. Case No. 80548 was heard first on the agenda: Case #80548, Location of violation, 6542 S US Hwy. 1, Port St. Lucie, FL, Property Owner, Hair and Beyond of the Treasure Coast Inc.. Robert G. Graff, the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios addressed the Board and stated she was providing the Board an email received by staff from the property owner requesting a continuation. Vice -Chairman Murdock asked the Board for a motion for continuation. Mr. Currie made a motion in reference to Case #80548 that the Code Enforcement Board continues this case to the Code Enforcement Board meeting on May 6, 2015. Mr. Taylor seconded and the motion carried unanimously. Case #81622, Location of violation, 3906 Avenue I, Ft. Pierce, FL, Property Owners, Wayne I. and Velma Ingram. Wayne I. Ingram, the property owner was sworn in by the Board's Secretary. Officer Vargas Barrios submitted two (2) photos, one (1) dated September 10, 2014, and one (1) dated March 23, 2015. She stated on September 11, 2014, a Notice of Violation was sent to Wayne and Velma Ingram, the property owners listed for 3906 Avenue I, to please obtain a permit for the shed with a correction date of September 26, 2014. She stated on February 23, 2015, the Notice to Appear before the Code Board was sent. She noted staff has had some communication with the owner. She stated as of April 1, 2015, the shed remains without a permit, this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign permits. Mr. Ingram addressed the Board and stated he used to work at the St. Lucie County School Board and the shed was built at the school. He stated the carpentry teacher was supposed to submit a permit for the shed which he thought he had done until he received the violation letter. He stated he wants to know what he has to do to submit for a permit as it was supposed to be done already and the teacher no longer works for the School Board. He stated he called last week and the bookkeeper is on vacation until Monday so he should be able to get what is needed as they should still have it on file for the shed. Vice -Chairman Murdock asked Mr. Ingram if he was working with Officer Vargas Barrios to work all this out. Mr. Ingram answered that he could get with Officer Vargas Barrios. Vice -Chairman Murdock asked Mr. Ingram if he thinks sixty (60) days would be sufficient. Mr. Ingram answered in the affirmative. Vice -Chairman Murdock asked the Board for a motion. Mr. Hofmann made a motion in reference to Case #81622 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 July 3, 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 1s' 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. Officer Vargas Barrios informed Mr. Murdock that the representative for Case #82205 just walked in. Vice -Chairman Murdock asked her to come forward and be sworn in. Case #82205, Location of violation, 875 Pirates Cove Ln., Ft. Pierce, FL, Property Owner, Carolyn King. Kathryn Harger, daughter of the owner was sworn in by the Board's Secretary. Officer Vargas Barrios submitted three (3) photos, two (2) dated October 30, 2014, and one (1) dated March 31, 2015. She stated on December 2, 2014, a Notice to Appear was sent to Carolyn King, the property owner listed for 875 Pirates Cove Ln., to please obtain a permit for the roof repair with a correction date of December 16, 2015. She stated an extension was granted until January 9, 2015, per the owner's request. She stated on February 24, 2015, a Notice to Appear was sent. She noted staff has had several conversations with the owner and her daughter. She stated they now have a contractor who is coming into pull the permit for the roof they just need a little more time. She noted as of April 1, 2015, the roof remains without a permit, this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. Vice -Chairman Murdock asked Ms. Harger if she was in violation. Ms. Harger stated that she had contracted somebody and she did not know they did not pull a permit and this has been ongoing since October. She stated they made a contracting deposit with the new contractor on Monday to have it done, but the contractor has not obtained the permit yet. Vice -Chairman Murdock stated so basically you need some more time. Ms. Harger answered in the affirmative. Mr. Taylor made a motion in reference to Case #82205 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 July 3, 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. Currie 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 82985 N 45t" St., Ft. Pierce B and D Hutchinson Properties LLC 82846 5013 Juanita Ave., Ft. Pierce Ruth Ferrell (EST) 82762 10725 S Ocean Dr., Lot 482, Jensen Beach Joel Palmore 82999 640 Beach Ave., Port St. Lucie Deutsche Bank National Trust Co (TR) 79744 2930 Middle Rd., Ft. Pierce Geneva Milotte (EST) 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: Cases No. 82905 and 82580 are Companion Cases. Case No. 82905, Location of violation, 1006 Shorewinds Dr. A and B, Ft. Pierce, FL, Property Owner, JP Morgan Chase Bank NA Assoc. There was no one present to represent the property owner. Officer Vargas Barrios re -submitted one (1) photo dated January 23, 2015. She noted this case was brought before the Code Enforcement Board on February 4, 2015, and was found in violation by Default of Section 7.07.08, Failure to Maintain Stormwater Management Systems of the St. Lucie County Land Development Code. She stated on January 21, 2015, a Notice of Violation was sent to JP Morgan Chase Bank NA Assoc., the property owner listed for 1006 Shorewinds Dr., Units A and B, stating the surface water management system has been allowed to deteriorate into a health hazard caused by the unmaintained improper drainage and to please repair the existing damage to the water management system, with a correction date of February 1, 2015. She stated on January 23, 2015, a Notice to Appear was sent. She noted as if April 1, 2015, the property remains in violation. Vice -Chairman Murdock asked the Board for a motion. Mr. Hofmann made a motion in reference to Case No. 82905 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. 4 Case No.82580, Location of violation 1006 Shorewinds Dr. C, Ft. Pierce, FL, Property Owner, JP Morgan Chase Bank NA Assoc. There was no one present to represent the property owner. Officer Vargas Barrios re -submitted one (1) photo dated January 23, 2015. She noted this case was brought before the Code Enforcement Board on February 4, 2015, and was found in violation by Default of Section 7.07.08, Failure to Maintain Stormwater Management Systems of the St. Lucie County Land Development Code. She stated on December 15, 2014, a Notice of Violation was sent to JP Morgan Chase Bank NA Assoc., the property owner listed for 1006 Shorewinds Dr., Unit C. stating the surface water management system has been allowed to deteriorate into a health hazard caused by unmaintained improper drainage and to please repair the existing damage to the water management system, with a correction date of December 26, 2014. She noted as if April 1, 2015, the property remains in violation. Vice -Chairman Murdock asked the Board for a motion. Mr. Taylor made a motion in reference to Case No. 82580 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case #82525, Location of violation, 1204 W Joy Ln., Ft. Pierce, FL, Property Owner, Samuel and Evelyn Nwigwe. There was no one present to represent the property owner. Officer Matos submitted three (3) photos, one (1) dated November 25, 2014, one (1) dated February 2, 2015, and one (1) dated March 30, 2015. He noted this case was found in Default at the February 4, 2015, Code Board for being in violation of Section 38-97, Prohibited Acts, for overgrowth. He stated the Board gave until March 6, 2015, to bring the property into compliance. He stated as of March 30, 2015, the property still remains in violation. He stated he has had contact with the owner, who has told him over the phone and sent him a list of all the names of companies he has tried to hire to cut the excessive overgrowth. He stated the owner has not been able to hire someone willing to do the job. Vice -Chairman Murdock asked the Board for a motion. Mr. Currie made a motion in reference to Case No. 82525 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case #82182, Location of violation, 705 Savannah St., Ft. Pierce, FL, Property Owner, Eugene Walker. There was no one present to represent the property owner. Officer Brubaker noted this case was found in Default at the February 4, 2015, Code Board and given until March 6, 2015 to come into compliance. She submitted three (3) photos, one (1) dated October 21, 2014, one (1) dated February 2, 2015, and one (1) dated March 30, 2015. She stated during her first inspection she found 705 Savannah St. in violation of Section 38-97, for excessive overgrowth. She stated she has had no contact with the owner and as of March 31, 2015, the property remains in violation. Vice -Chairman Murdock asked the Board for a motion. 5 Mr. Taylor made a motion in reference to Case No. 82182 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case #82231, Location of violation, 2900 Industrial 33 St., Ft. Pierce, FL, Property Owner, Creative Systems LLC. There was no one present to represent the property owner. Officer Swartzel submitted five photos, one dated October 14, 2014, two (2) dated February 3, 2015, and two (2) dated March 23, 2015. She noted 2900 Industrial 33rd St. was brought to the February 4, 2015 Code Board and found in Default of Section 38-97, Overgrowth. She stated the Board gave a compliance date of March 6, 2015. She stated she has had no contact with the property owners and as of March 31, 2015, this property still remains in violation. Vice -Chairman Murdock asked the Board for a motion. Mr. Hofmann made a motion in reference to Case No. 82231 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case #82317, Location of violation, 8206 Santa Clara Blvd., Ft. Pierce, FL, Property Owner, Bank of America NA. There was no one present to represent the property owner. Officer Swartzel submitted one (1) photo dated March 23, 2015. She noted 8206 Santa Clara Blvd. was brought to the February 4, 2015 Code Board and found in Default of Section 38-27, Registration of Abandoned Real Properties, to register the foreclosed house with St. Lucie County. She stated the Board gave a compliance date of March 6, 2015. She stated she has had no contact with the property owners and as of March 31, 2015, this property still remains in violation. Vice -Chairman Murdock asked the Board for a motion. Mr. Currie made a motion in reference to Case No. 82317 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. X. REPEAT VIOLATION None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. 0 XII. FINE REDUCTION HEARING None. XIII. OTHER BUSINESS Mr. Hofmann stated the website needs to be updated to show Mr. Murdock as the new Vice -Chair, as it still has Mr. Hofmann listed. Staff informed the Board they would make the correction on the website. XIV. STAFF BUSINESS ADJOURN: There was no further business and the meeting was adjourned at 9:34 a.m.