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HomeMy WebLinkAboutCode Minutes AUGUST 5 2015 FINAL DRAFT1 FINAL DRAFT AUGUST 5, 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 9:03 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 Co-Chair…………………………………………………….……….......Mr. Randy Murdock Board Members..…………………………………………………….…..Mr. Wes Taylor …………………………………………………………………………...Mr. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Patrick Campion …………………………………………………………………………...Mr. Brad Currie Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT None. IV. APPROVAL OF MINUTES – JUNE 3, 2015 Mr. Taylor made a motion to accept the minutes of JUNE 3, 2015 Mr. Hofmann seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official……….…………………………………….…………..Carl Peterson Code Enforcement Supervisor…..……………………………………….Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Lynn Swartzel …………………………………………………………………………....Monica Vargas Barrios …………………………………………………………………………....Jose Matos Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, and Jose Matos were sworn in. 2 VI. PUBLIC COMMENTS None. VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien – Raymond and Barbara Deck – Case No. 79897 Request for Fine Reduction Hearing _______________ Request for Fine Reduction Hearing – Robert E. Duvall – Case No. 70762 Mr. Campion made a motion to approve and accept staff’s recommendation as presented. Mr. Taylor seconded and the motion carried. VIII. VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 84043 6505 Las Palmas Way, Port St. Lucie Marcus D. Leath 83681 7700 Pine Lakes Blvd., Port St. Lucie PL Borrower LLC 84196 10337 Lennard Rd., Port St. Lucie Vaz Inc. 83887 8007 Georges Rd., Ft. Pierce Roshini Lakram 83554 3406 Avenue F, Ft. Pierce Lucille Yanok 84306 117 Academy Dr., Ft. Pierce Carita McNeair 83579 2313 N 41st St., Ft. Pierce Nancy Estime 83234 404 N. 38th St., Ft. Pierce Linda Bucci, Cheryl Ament, & Kevin Ortiz 83214 5007 Barcelona Ave., Ft. Pierce Jamie M. and Yolanda N. McNair Case No. 84264 was heard first on the agenda: Case #84264, Location of violation, 710 Savannah St., Ft. Pierce, FL, Property Owner, Frederic Hensel Jr. and Janet Hensel. Frederic Hensel Jr. was sworn in by the Board’s Secretary. Officer Brubaker submitted four (4) photos, one (1) dated May 12, 2015, one (1) dated June 16, 2015 and two (2) dated August 3, 2015. She stated during her first inspection on May 12, 2015, she found 710 Savannah St. to be in violation of Section 38-97, Overgrowth. She issued a letter and gave a compliance date of May 28, 2015. She stated she has had contact with the owner and as of August 4, 2015 the property has been partially cut and the owner is here to explain why and ask for more time. Chairman Fogg asked Frederic Hensel Jr., if he is in violation or not. Frederic Hensel Jr. answered he is in violation and stated he is having lawnmower problems. He stated he had trouble with the carburetor, rebuilt the carburetor and mowed most of the yard and then the pulley came apart and started eating into the deck had to wait until his brother-in-law got some time to weld it, put it back on started mowing and now the engine is bad, it is only five years old and is a John Deere. Chairman Fogg addressed Frederic Hensel Jr. and stated he is sorry he is having problems with his mower and there are other people out there who will mow out there pretty reasonable. Frederic Hensel Jr. stated he is also going through the issue of his wife having breast cancer with all the doctor appointments and chemo -therapy and then they hit them with having to have $1,000.00 up front that they did not know about, so that is the financial side of it. Chairman Fogg stated he is sorry for his misfortune but we do have the neighborhood and it needs to be cut to keep things looking better. He asked Freder ic Hensel Jr. what his timeframe is for getting it done. 3 Frederic Hensel Jr. answered he is looking right now because her check was a half a check last time, so we are probably looking at before he can get another mower probably a month, but he is going to ask his brother-in-law if he can to get it mowed for him. Chairman Fogg asked Frederic Hensel Jr. if he can get him to mow it for him within a month. Frederic Hensel Jr. answered in the affirmative. Chairman Fogg asked the Board if they had any questio ns and if not we are looking for a motion. Mr. Hofmann made a motion in reference to Case #84264 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 September 4, 2015, a fin e 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 and the motion carried unanimously. Case #83891, Location of violation, 2314 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, Dorothy Smith. Dorothy Smith was sworn in by the Board’s Secretary. Officer Swartzel submitted eleven (11) photos, five (5) dated April 16, 2015, four (4) dated July 29, 2015, and two (2) dated August 3, 2015. She stated during her first inspection she found 2314 St. Lucie Blvd. to be in violation of Section 38-26, Unserviceable Vehicles, to repair or remove the unserviceable vehicle from the property and Section 38-26, Outside Storage, that outside storage of items are not permitted and to remove items from the property. She issued a letter and gave a compliance date of May 1, 2015. She stated she has had no contact from the property owner and as of August 4, 2015 the property still remains in violation. Chairman Fogg asked Dorothy if she is in violation or not. Dorothy Smith answered in the affirmative. Chairman Fogg asked Dorothy Smith if she could tell the Board how this can be corrected in the next few days. Dorothy Smith answered she did remove the tires and a lot of stuff from the property and she has been having a series of difficulties with her family. She stated she had to be running here and there to help out family so she has the van still there which she hopes to have moved today. She stated she will remove all the furniture and everything from the outside. Chairman Fogg stated so you still have some things to move. Dorothy Smith answered just the van. Chairman Fogg asked staff if that is correct. Officer Swartzel answered she has a lot of outside storage on the back of the property that also needs to be removed. Chairman Fogg asked Dorothy Smith if she heard that and stated some of these items in the pictures need to be removed. 4 Dorothy Smith answered the gate there if for a fence she is going to put in but does not have the money right now so the gate is still there. Chairman Fogg stated the things you are not going to use the tractor tire. Dorothy Smith answered her son used the tire for exercise. Officer Swartzel addressed the Board and stated all behind there within the area there is outside storage and she would recommend Dorothy Smith make an appointment with her and we can go through the property. Chairman Fogg stated so you have not been through the property. Officer Swartzel answered there is a lot of wood and outside storage on the property as you can see in this picture it would be beneficial if we could go through the property and explain what is outside storage we would like to work with her. Chairman Fogg asked Dorothy Smith if she could make an appointment and Officer Swartzel will come and help point out things that you need to remove. He asked her if that would be alright and do you have a particular time to do that. Dorothy Smith answered in the affirmative, but she will have to give me a time because she starts working on Friday and she will not be at home days until the weekend, so will she be able to come on the weekend Saturday morning. Chairman Fogg stated you said you start working on Friday. Dorothy Smith stated she goes back to work Friday morning. Chairman Fogg asked her if she off tomorrow. Dorothy Smith answered in the affirmative. Chairman Fogg stated maybe that would be the day. Dorothy Smith answered yes in the morning. Mrs. Monahan stated to Dorothy Smith you need to do this as soon as possible and you need to get this cleaned up. She stated this has been going on since April. Dorothy Smith answered she in home tomorrow morning. Mrs. Monahan told her to work it out with Officer Swartzel and make this meeting happen. She stated you need to get out there and get all this stuff cleaned up before we have a hurricane or something and that is blown all over the county. She stated she wants to go bac k to the tire being used for exercise and asked Dorothy Smith if he exercises on the side of the road where the tire is. Dorothy Smith answered he exercises pushing it up and up. Mrs. Monahan answered maybe he needs to start pushing it down and down and back up and up and get it off of the side of the road. Chairman Fogg stated Officer Swartzel will get with you and set up a time and this meeting is not necessarily the moment it will happen, but Officer Swartzel will get with you and set it up. He asked her if she could get if done in thirty days. Dorothy Smith answered in the affirmative. 5 Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #83891 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 E nforcement is warranted. If the Order of Enforcement is not complied with by September 4, 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 st 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. Case #84280, Location of violation, 3109 Tropic Blvd., Ft. Pierce, FL, Property Owner, Gracie M. Johnson. Gracie M. Johnson was sworn in by the Board’s Secretary. Officer Matos submitted two (2) photos, one (1) dated May 18, 2015, and one (1) dated August 3, 2015. He stated on May 18, 2015 he found 3109 Tropic Blvd. in violation of Section 38-26, Unserviceable Vehicles. He gave a correction date of June 3, 2015. He stated he has had no contact with the property owner and as of August 3, 2015 the property still remains in violation. Chairman Fogg asked Gracie M. Johnson if she is in violation or not. Gracie M. Johnson answered yes, she did not know she was out with heart surgery and did not know what was going on. She stated when she got the message she tried to straighten it as much as she could but could not get one vehicle moved, so she came today so she could get time to get it moved. Chairman Fogg stated so you just need a little bit of time, thirty days. Gracie M. Johnson answered yes sir, so he has to let me know what else needs to be fixed there. Mrs. Monahan asked staff if all she has is this one vehicle. Officer Matos answered that is the one that is left on the property. Gracie M. Johnson stated the truck has been moved. Officer Matos asked Gracie M. Johnson the truck in the picture was still there August 3. 2015 and asked her if she removed it yesterday. Gracie M. Johnson answered it is drivable it was moved from that spot right there, the other one is not serviceable so she is trying to move that one. Mr. Currie stated just for clarification the one in the picture is gone now. Gracie M. Johnson answered the one in the picture is not gone, she cannot get anyone to move it that is what she is trying to do now. She stated the officer needs to let her know what else needs to be taken care of. Officer Matos answered just the vehicle, everything else has been taken care of. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case #84280 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the 6 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 September 4, 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 pro secuting this case. Please take notice that on the 1 st 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 #83869 and Case #83565 are companion cases. Case #83869, Location of violation, 2615 Flotilla Terr., Ft. Pierce, FL, Property Owner, David Gruwell. Larry Gruwell, representative for the owner was sworn in by the Board’s Secretary. Officer Matos submitted two (2) photos, one (1) dated April 16, 2015, one (1) dated August 3, 2015. He stated on April 16, 2015, he found 2615 Flotilla Ave. to be in violation of Section 13.08.01, Standard Housing Code, Section 302.3, Sidewalk and Driveway Maintenance. He stated he has had contact with the property owner and as of August 3, 2015 the property still remains in violation. Chairman Fogg asked Larry Gruwell if he is in violation or not. Larry Gruwell answered we have this set up, he talked to the officer last week. He stated we have a Michael Waldrop, general construction and they are going to pave the driveway and finish the rest of that. Chairman Fogg stated to Larry Gruwell so it is not do ne but you have it set up. Larry Gruwell answered it is set up but a lot of the problem is back in April they hired an engineer to get the permit and stuff. He stated it took him two weeks to come and he said in two weeks’ time he would get the plans and everything for us and it was like two and a half months. Chairman Fogg asked Larry Gruwell if he knows how long it will take to get this done. Larry Gruwell stated it depends on the people. Officer Williams addressed the Board and stated that Larry Gru well is also here for Case #20 on the next page which is Officer Vargas Barrios’ case. She stated she does not know if the Board wants to hear her presentation now or after. Chairman Fogg read into the record Case No. 83565 which is also a companion case. Officer Williams stated Officer Vargas Barrios has a presentation she would like to read into the record. Officer Vargas Barrios read Case No. 83565 into the record. Chairman Fogg asked Larry Gruwell if he knows what the timeframe is, sixty days. Larry Gruwell answered sixty to ninety days is what Michael J. Waldrop, the contractor told him. Mrs. Monahan stated contractor for the paving. Larry Gruwell stated he is for both. Mrs. Monahan asked Larry Gruwell if they are proceeding with closing in the carport. Larry Gruwell answered they have not done anything since they were notified. 7 Mrs. Monahan asked do you intend to close it in. Larry Gruwell answered in the affirmative. Chairman Fogg stated so you should be able to get this done in ninety days. Larry Gruwell answered that is what the contractor said. Chairman Fogg asked the Board if they had any further questions if not we are looking for a motion. Mrs. Monahan made a motion in reference to Case #83869 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by December 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 prose cuting this case. Please take notice that on the 1 st 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. Chairman Fogg asked Mrs. Monahan to read the motion on the companion case. Case #83565, Location of violation, 2615 Flotilla Terr., Ft. Pierce, FL, Property Owner, David Gruwell. Larry Gruwell, representative for the owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted three (3) pictures, one (1) dated March 18, 2015, one (1) dated August 3, 2015, and one (1) dated June 2011 from Google Earth. She stated on March 18, 2015, a Notice of Violation was sent to David Gruwell the property owner of 2615 Flotilla Terr. to please obtain a permit for enclosing the carport with a correction date of April 10, 2015. She stated on July 2, 2015 the Notice to Appear was sent. She stated staff has had communication with the property owner’s father who states an engineer is working on this. She stated staff received a phone call from a contractor on August 4, 2015 stating they are working on this as well. She noted as of August 5, 2015 a permit has not been applied for this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. Officer Williams addressed the Board and stated that Larry Gruwell is also here for Case #20 on the next page which is Officer Vargas Barrios’ case. She stated she does not know if the Board wants to hear her presentation now or after. Chairman Fogg read into the record Case No. 83565 which is also a companion case. Officer Williams stated Officer Vargas Barrios has a presentation she would like to read into the record. Officer Vargas Barrios read Case No. 83565 into the record. Chairman Fogg asked Larry Gruwell if he knows what the timeframe is, sixty days. Larry Gruwell answered sixty to ninety days is what Michael J. Waldrop, the contractor told him. Mrs. Monahan stated contractor for the paving. Larry Gruwell stated he is for both. Mrs. Monahan asked Larry Gruwell if they are proceeding with closing in the carport. 8 Larry Gruwell answered they have not done anything since they were notified. Mrs. Monahan asked do you intend to close it in. Larry Gruwell answered in the affirmative. Chairman Fogg stated so you should be able to get this done in ninety days. Larry Gruwell answered that is what the contractor said. Chairman Fogg asked Mrs. Monahan to read the motion on the companion case. Mrs. Monahan made a motion in reference to Case #83565 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by December 1, 2015, a fine of up to $250.00 per day may be imposed. A prosecution cost has not been imposed on this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Taylor seconded the motion carried unanimously. Case #82896, Location of violation, 3170 NW Perimeter Rd., Palm City, FL, Property Owner, Sandi L. Nickerson and Claire L. Nickerson. Scott Freedman, representative for the owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted five (5) pictures, three (3) dated January 27, 2015, and two (2) dated July 17, 2015 taken by Melissa Brubaker. She stated on February 6, 2015, a Notice of Violation was sent to Sandi L. and Claire L. Nickerson the property owners at 3170 NW Perimeter Rd. to please obtain a permit for the structures on the property with a correction date of February 27, 2015. She stated on June 15, 2015 a Notice to Appear was sent. She stated staff has had some communication with the tenant who states he has an engineer that is working on this. She noted as of August 5, 2015 a permit has not been applied for, this is in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits. Chairman Fogg asked Scott Freedman if he is in violation or not in violation. Scott Freedman answered he is in violation. Chairman Fogg asked Scott Freedman to explain. Scott Freedman answered as Officer Vargas Barrios stated they had a surveyor out, it took a month to get him there, a contractor came out and checked the shed it was all good, he is applying for the permit. He stated he does not know how long that is going to take, that is the biggest question, the timing issue we are having here. He stated the one structure there is not going to pass it is not wind rated, it is a gazebo they set up, so we are pulling that down. Chairman Fogg stated so you do not know your timeframe and asked Scott Freedman when the last time he talked to the contractor was. Scott Freedman answered two weeks ago. Chairman Fogg stated time to get on the phone and what we do here is give you time to get it done but there is the possibility you can be fined if it is not done by a certain time. He stated what the Board is trying to do is help you make it happen, so we will give you some time here. 9 Scott Freedman stated we just do not know how long it is going to take to get the permit now. Chairman Fogg stated you need to be persistent. Mr. Campion asked Scott Freedman if he is the tenant. Scott Freedman answered actually my brother and myself purchased the house from Sandi years back. He stated he used to live there and his brother is living there now. Mr. Campion stated he is just seeing the Nickerson name on the property. Mrs. Monahan asked Scott Freedman if Sandi and Claire Nickerson pay the property taxes. Scott Freedman answered in the affirmative. Chairman Fogg asked Scott Freedman if they were related. Scott Freedman answered in the affirmative. Mrs. Monahan stated she is a little curious too, where is this in Palm City that it is in St. Lucie County. Scott Freedman answered it is just where it sits they consider it Port St. Lucie. Mr. Currie stated it is off Becker Rd. Chairman Fogg stated we are looking for a motion. Mr. Hofmann made a motion in reference to Case #82896 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 v iolation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by November 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 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 he ld if the violation is not abated by the given compliance date. Mr. Taylor seconded the motion carried unanimously. Default Cases: The Hall was sounded and Mr. Murdock read the name and number of the case of those not present into the record: Case No. Location of Violation Property Owner/Contractor/Violator______ 83815 7502 Ocala Ave., Ft. Pierce Michael S. and Catherine Behr 83488 6513 Deleon Ave., Ft. Pierce Kevin K. Stalter and Mark A. Crum 84254 5713 Eagle Dr., Ft. Pierce Gerardo Benitea 84266 210 Essex Dr., Ft. Pierce Bertha M. McDonald 83862 2312 N. 42nd St., Ft. Pierce James R. Clark, Lakisha Stokes, & Edward Maynor 84169 2224 N. 53rd St., Ft. Pierce Martha Adams 84343 2905 Tropic Blvd., Ft. Pierce Tarpon IV LLC 83108 2202 Elizabeth Ave., Ft. Pierce MTY Paving/Mark Young 83055 124 SE Serenata Ct., Port St. Lucie Jennifer Lopez Remodeling 82890 2107 Elizabeth Ave., Ft. Pierce LMK LLC 83367 6708 Pensacola Rd., Ft. Pierce Lak Kalra 10 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 violato r finding the violator in default and if the violator does not appear to contest the violations against him/her that the Board adopt the recommendation of staff as set forth on the agenda. Mr. Campion seconded and the motion carried unanimously. IX. FINE HEARING: Case No. 83424, Location of violation, 2901 Summit St., Ft. Pierce, FL, Property Owner, Nancy E. Landis (EST). There was no one present to represent the property owner. Officer Williams submitted one (1) photo dated April 24, 2015, one (1) photo taken May 4, 2015 by former Officer Counsellor, and three (3) photos dated August 4, 2015 taken by her. She stated at the May 6, 2015 Code Board meeting the Board found the property in violation of Section 38 -97, for having excessive overgrowth of grass and weeds, and Section 13.09.00, Article 302.7, for having a structurally unsound shed. She stated the Board gave a compliance date of June 5, 2015, as of August 4, 2015 the property is still in violation and she has had no contact with the property owner. Chairman Fogg asked staff if this is in foreclosure. Officer Williams answered no it is not in foreclosure. Chairman Fogg asked the Board if they had any questions, if not we are looking for a motion please. Mr. Hofmann made a motion in reference to Case No. 83424 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 June 6, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #81703, Location of violation, 2201 Barbara Ave., Ft. Pierce, FL, Property Owners, Acencion and Raquel Covarrubias. Acencion Covarrubias was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted three (3) photos, one (1) dated February 6, 2009 taken by Officer Brome, one (1) dated May 5, 2015 taken by her, and one (1) dated July 29, 2015. She stated this case was brought before the Code Enforcement Board on April 1, 2015 and was found in violation of St. Lucie County Land Development Code, 11.05.01, by default. She stated the board gave until July 1, 2015 to bring the property into compliance. She stated on September 9, 2014, a Notice of Violation was sent to Acencion and Raquel Covarrubias, the new owners of 2201 Barbara Ave. to please obtain a permit for enclosing the garage into a habitable space with a correction date of September 30, 2014. She stated staff has had some communication with the owner’s and have discussed what is needed to bring the property into compliance. She stated as of August 5, 2015 the property remains in violation. Chairman Fogg stated so we are going back all the way to September 2014. Officer Vargas Barrios answered in the affirmative. Chairman Fogg stated we are coming up to a year what is going on. He asked Acencion Covarrubias are you in violation and what seems to be the problem. Acencion Covarrubias answered we recently bought the property about a year ago and he did not know there was an enclosed garage. He stated after we received the letter that day he went to check it out and see what 11 was going on. He stated when you are not experienced in construction you are like this is really h ard you know, but it is always good to have that spirit of positive. He stated when they bought it, it was already like that and they tried to clean it up and make it look better for the community as you see there. He stated we already have an engineer/architect who has already went and did the designs, we have an appointment with the septic tank and are waiting for the Health Dept. to get the permit and the survey to get it all set up. He stated he is probably going need sixty (60) days to get it all squared up and ready. Chairman Fogg stated it has already been almost a year, in September it will be a year. Mrs. Monahan asked staff how they found out about this. Officer Vargas Barrios answered we had a previous case on the previous owners. Mrs. Monahan asked staff if that is what the house looked like before. Officer Vargas Barrios answered in the affirmative. Chairman Fogg asked if this was a foreclosure. Acencion Covarrubias answered in the negative and stated he bought it June 11, 2013, but the y never moved in because it needed a lot of repairs inside and they bought it owner to owner. He stated he checked when he bought it, he checked the taxes and title check, but never checked the permits which was his mistake. He stated every day you learn something. He stated he is looking forward to getting it running, it is a place where he and his family lives. Mrs. Monahan stated you have done a very nice job on the clean -up that is a huge improvement. Acencion Covarrubias stated he is a pastor and one of the things he always preaches in his sermons is if you are trying to get someone else to do something you have to clean your life and at least your house. He stated we are still working and he is still doing a lot of repairs inside, he is still working in the A/C it was damaged when they bought it and is probably looking at $6,000.00 more. Chairman Fogg stated so you are saying in sixty (60) days you will have this done. Acencion Covarrubias answered in the affirmative, probably less. Chairman Fogg stated if the Board has no questions we are looking for a motion. Mr. Hofmann made a motion in reference to Case No. 81703 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting October 9, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried. Case #76200, Location of violation, 916 Shorewinds Dr. A, Ft. Pierce, FL, Property Owners, John E. and Bessie MacGregor. There was no one present to represent the property owner. Officer Vargas Barrios re-submitted one (1) photo dated May 5, 2015 and one (1) dated August 3, 2015. She stated this case was brought before the Code Enforcement Board on May 6, 2015 and was found in violation of Section 7.07, Failure to Maintain Stormwater Management Systems of St. Lucie County Land Development Code, by default. She stated the board gave a correction date of June 5, 2015. She stated as of July 31, 2015 the project is now completed and the case is now closed. She stated staff is requesting the Board impose no fines on the case. 12 Mr. Campion stated is this that community on the North Island that has been before us many times. Officer Vargas Barrios answered in the affirmative. Mr. Campion stated so that is done. Officer Vargas Barrios answered in the affirmative. Mrs. Monahan made a motion in reference to Case No. 76200 that the Code Enforcement Board make the following determination. After hearing testimony, the facts in the case, and the report of staff with regard to the existence of a violation, that we determine the violations have been abated and no fine is imposed. Mr. Campion seconded and the motion carried unanimously. Case #81622, Location of violation, 3906 Avenue I, Ft. Pierce, FL, Property Owners, Wayne I. and Velma Ingram. Velma Ingram and Lloyd Constant, Andros, Andros Roofing and Construction LLC, contractor for the property owner were 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 this case was brought before the Code Enforcement Board on April 1, 2015, 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 July 3, 2015 to bring the property into compliance. She stated staff has had some communication with the owners after the Code Board, but as of August 5, 2015 the property remains in violation without the permit for the shed, that was early this morning. She stated she understands the contractor is here so she is not sure if they were able to get the permit today. Chairman Fogg asked Velma Ingram if had any insight on this and could tell the Board what is happening. Velma Ingram answered her husband took ill and lost his job and was not able to complete what it was. She stated she had no knowledge of what all had to be done, so he contacted the department and she told me what needed to be done. She stated she then got in contact with a contractor who is helping her do whatever needs to be done. She stated the only reason her husband is not here today is his mother passed and he is preparing funeral arrangements as we speak. Lloyd Constant, contractor for the property owner addressed the Board and stated he went to the Building Department this morning, but unfortunately the plans that they have for the shed is not the right pla ns so we are working together to get it corrected and then we will submit for a permit. Chairman Fogg asked Mr. Constant if he would have this done in thirty to sixty days. Mr. Constant stated he would say sixty days based on what he has seen already. Chairman Fogg asked the Board if they had any questions if not we are looking for a motion. Mr. Campion made a motion in reference to Case No. 81622 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 November 4, 2015 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. Case #83894, Location of violation, 2821 Seneca Ave., Ft. Pierce, FL, Property Owner, Hogar Community Reinvestment LLC. There was no one present to represent the property owner. 13 Officer Swartzel submitted two (2) photos, one (1) dated April 16, 2015, and one (1) dated August 3, 2015. She stated 2821 Seneca Ave. was brought to the June 3, 2015, Code Board and found in default of Section 38-97, Overgrowth. She stated the board gave a compliance date of July 3, 2015. She stated she has had no contact with the property owner and as of August 4, 2015 the property still remains in violation. She noted the county has scheduled this property to be abated by assessment. Mr. Currie made a motion in reference to Case No. 82846 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 an y 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 July 4, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #83551, Location of violation, Lot next to 705 N. 35th St., Ft. Pierce, FL, Property Owners, Debra G. Henderson and Brenda J. Henderson. There was no one present to represent the property owner. Officer Matos submitted three (3) photos, one (1) dated March 23, 2015, one (1) dated May 4, 2015, and one (1) dated August 3, 2015. He stated this case was found in default at the May 6, 2015 Code Board Hearing for being in violation of Section 38-24, Junk Trash and Debris in the County Right-Way. He state the Board gave until June 5, 2015 to bring the property into compliance. He stated he has had no contact with the property owner and as of August 3, 2015 the property still remains in violation. Mr. Currie made a motion in reference to Case No. 83551 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 June 6, 2015 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Chairman Fogg asked is this not something that needs to be sent to the county to be cleaned up. Katherine Barbieri, Assistant County Attorney, addressed the Board and stated we can look at the assessment ordinance and see if we can use it, it is for junk, trash and debris, if the Board directs us we will see if it is possible. Case #83537, Location of violation, 4000 Sloan Rd., Ft. Pierce, FL, Property Owners, James A. and Mary D. Edwards. There was no one present to represent the property owner. Officer Matos submitted nine (9) photos all dated March 17, 2015. He stated this case was found in default at the May 6, 2015 Code Board Hearing for being in violation of Section 13.08.00, Standard Housing Code Section 304.13, Windows and Door Frames, to repair the windows and door frames, 13.08.01, Standard Housing Code, Section 305.6, Interior Doors, to repair all doors and hardware, 13.08.01, Standard Housing Code, Section 504, Plumbing Systems and Fixtures, to hire a licensed plumber to repair all leaks and plumbing issues, 13.08.01 Standard Housing Code, Section 605, Electrical Equipment, to hire a licensed electrician to repair all electrical issues, 13.08.01, Standard Housing Code, Exterior Structure, to repair the exterior and the roof, 13.08.01, Standard Housing Code, Section 304.13.2, Openable Windows, all windows need to be in good repair some of the windows do not open, 13.08.01, Standard Housing Code, Section 305, Interior Structure, all holes in walls and ceiling should be repaired, 13.08.01, Standard Housing Code, Section 704, Fire Protection Systems, to install smoke detectors, 13.09.00, Exterior Property Maintenance, Section 302.2, to remove the mold and mildew on the outside of the structure. He stated the Board gave until June 5, 2015 to bring the property into compliance. He stated on June 5, 2015 the property owner faxed a letter asking for an extension to withhold fines until June 30, 2015, as they assured all violations would be 14 corrected. He stated he has had no other contact with the property owner. He noted he has inspected the property and as of August 3, 2015, the property still remains in violation. Chairman Fogg asked staff if this property is owned by somebody local. Officer Matos answered in the affirmative. Mr. Currie asked if someone is living there. Officer Matos answered in the affirmative. There was discussion among the Board and staff on the violations , electrical issues and should this not be condemned or referred to someone. Katherine Barbieri, Assistant County Attorney, addressed the Board and stated we will make referrals to some other agencies so they can go out like the Fire Department, the Health Department and we will confer with the Building Official on the electrical issues. Chairman Fogg stated this is really in sad shape and that will be done fairly quickl y. Katherine Barbieri, Assistant County Attorney, answered she is sure we can have some of these referrals out today. Mr. Currie asked staff when this case started. Officer Matos answered on March 17, 2015. Mr. Currie asked staff they asked for time until when. Officer Matos answered on June 5, 2015 they faxed over a letter asking for June 30, 2015 when everything was supposed to be done but it was not. Mr. Currie made a motion in reference to Case No. 83537 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 June 30, 2015 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #83618, Location of violation, 1941 N. 48th St., Ft. Pierce, FL, Property Owners, Theodore L. Jackson and Willie L. Jackson. There was no one present to represent the property owner. Officer Matos submitted nine (9) photos, three (3) dated March 26, 2015, three (3) dated May 4, 2015, and three (3) dated August 3, 2015. He stated this case was found in Default at the June 3, 2015 Code Board Hearing for being in violation of Section 38-26, Outside Storage, for tanks and miscellaneous items, Section 8.00.03 (F), Particular Permitted Accessory Structures, for having more than two (2) trailers on the property, and Section 8.00.03 (F), Particular Permitted Accessory Structures, for having more than two (2) recreational vehicles on the property. He stated the Board gave until June 5, 2015 to bring the property into compliance. He stated the only contact he has had with the owner of the property was back in May 5, 2015 via email asking for a continuance from the May 6, 2015 Code Board Hearing. He stated he has had no other contact with the owner of the property and as of August 3, 2015 the property still remains in violation. Chairman Fogg asked staff if anyone is living there. 15 Officer Matos answered no one is living there. Mr. Currie made a motion in reference to Case No. 83618 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 start ing July 4, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case # 83148 and Case #83167 are companion cases Case #83148, Location of violation, Lennard Rd., Ft. Pierce, FL, Property Owner, Vaz Inc. Ernesto Velasco and Paul Zinter, representatives for the property owner were sworn in by the Board’s Secretary. Officer Brubaker re-submitting two (2) photos, one (1) dated February 12, 2015 and one (1) dated May 5, 2015. She stated this case was found in violation at the May 2015 Code Board and given until June 30, 2015 to come into compliance. She stated the Board found the property to be in violation of Section 11.05.00, Operating without a Zoning Compliance. She stated there is an office trailer on the property that has to be permitted for the Zoning Compliance to be issued. She stated on June 18, 2015 the permit for the trailer has been applied for. She noted she has had contact with the owners of the property and discussed the ways to correct the violation. She stated as of August 4, 2015 the permit has not been issued and that is what is holding up the Zoning Compliance. Chairman Fogg asked Mr. Velasco and Mr. Zinter if they could give some information on what is going on, we started in February with this and June 18 you did apply for a permit. Mr. Velasco answered we did. Chairman Fogg this took quite a while was it you were trying to make a decision. Mr. Velasco answered first we had to get a contractor, then we had to get some plans and the rest of the application information, which we had to put together. He stated he submitted the application to the Building Department, we got some comments on our submittal, we responded to those comments within a reasonable time and on the 27th of July we got another set of comments that we are now going to take care of as quickly as we can. Chairman Fogg asked the Carl Peterson, Building Official, if he could give any information on this. Carl Peterson, Building Official, answered his records show that we only sent comments out the one time and they have not been addressed. Chairman Fogg asked Mr. Peterson what that date that was. Mr. Currie stated just for clarification he is talking to the Building Department, when you submit a permit you get comments from everybody and his brother. He stated he only got one round of Building comments but could have gotten comments from the Fire district, from the Engineering Department, from the Planning Department. He stated he has been through this process before and it is not the Building Department’s fault, but it is very frustrating. Carl Peterson, Building Official, stated the comments where sent out July 27, 2015. Mr. Currie asked do you have those comments and the ones from before and asked him where were they from. 16 Mr. Zinter answered there are comments from the Plans Examiner review, the Front Counter review, the Fire Department Review, the Engineering Department review, so it is several departments. He stated then they had to go back to the manufacturer and get plans for the office trailer because we are leasing the trailer and the reason this took so long is we actually thought when they l eased the trailer from them, they delivered it and set it up, we thought they took care of any permits or anything that was needed. He stated it actually was there for several months before they even knew. He stated it really is not a delay from February on this permitting issue because we did not know for several months that it needed to be done. He stated actually since that time they have required some landscaping along Lennard Rd., an irrigation system, it really got out of hand. He stated we have done what we have been asked to do along the way here and now we need shutters for the windows for this temporary trailer. Mrs. Monahan asked if you can see this trailer from Lennard Rd. Mr. Zinter answered if you really look he guesses you could. Mr. Currie stated could he back up and stated did not this project come to us before because they were found in violation because they did not have a business tax license or zoning compliance, so they submitted for a business tax license and zoning compliance and were told you cannot get a zoning compliance or business tax license until you have a building on the property, so this trailer he believes is in response to that request to have a building on the property when they do not even need a building, so it g ets even deeper. Mr. Velasco addressed Mr. Currie and stated the first set of comments they received came from the Zoning review, the second set of comments came from Plans Examiner review. Mr. Currie stated just for clarification this is for a trailer t hat they never wanted. Chairman Fogg stated we know there are some issues on this but we need to get to the facts so we know what we are dealing with here. Mr. Zinter stated we have done what we have been asked to do here. He stated his partner was he re back in May 2015 and we thought shoot this cannot take more than sixty days to get this done but with the comments and things that have been requested it has taken much longer than we thought and he and Mr. Velasco have kept in contact with Officer Brubaker and we have met with Lydia, met with Monica. Mrs. Monahan stated this kind of petty stuff makes me want to say no violation and be done with it because it drives me nuts. Mr. Currie asked how long have you been in business at that property. Mr. Zinter answered we have had this about seven years, they sold a piece of this property where a Family Dollar is going, so we were moving their tenant to another part of the property down about two hundred (200) feet and of course he did not need a building like Mr. Currie said but the County said no you must have a building, so we lease this building and it kind of started from there and then they said now you need landscaping in front. Mrs. Monahan stated are you not in the landscaping business. Mr. Zinter answered no our tenant is. Mr. Currie stated just for clarification you submit a zoning compliance and a business tax license the Landscape Division goes out and does an inspection of your entire property to make sure you are in conformance with the landscaping code so whenever they change a business they go out and do a landscaping inspection so to get your license to operate in the County they do a full landscaping inspection to make sure you are in compliance with today’s code and so this gentleman has to bring every tree on his property has to meet today’s landscaping code. He stated so let’s pretend this is a new company coming to the County, they want to move into this facility, they have to plant a bunch of new landscaping. 17 Mrs. Monahan stated and everyone wonders why we cannot have anything here. Chairman Fogg asked why is there not a building package that is all inclusive to a point where they can just go out and say this is what you have to do and it encompass everything. Monica Graziani, Code Compliance Manager, addressed the Board and stated she would like to interject a few comments. She stated there is a checklist that would tell them what they need to do, with their Zoning Compliance which is required as part of the B usiness Tax License. She stated Ernesto Velasco has been working with staff in the Planning Division, they sold the property where they were to Dollar General there is a site plan approved for that parcel, they moved next door. She stated we have had com plaints, we are a reactive division, one (1) from the City of Port St. Lucie, two (2) from the community, they feel the property is an eyesore and that is where in turn staff went out and saw we have a business operating and it is way down on Martin County line and so they were cited to get a Zoning Compliance and a Business Tax License, they go hand in hand. She stated that is what triggered everything and all the compliance and then we find out everything was done without permits, do not lose sight of that, these people and she has known Ernesto for fifteen years, she used to work with him where she used to work he knows the requirements. She stated they have done everything without permits and when you come in a put in an older modular it is not going to be that simple when you have to find the plans or go to DCA and find out what year it was built and get everything straight for the Building Department. She stated when businesses come in new if they go in and out of business to her knowledge yes there is some landscaping requirements to spruce up the parcel but typically that does not occur unless the site has been typically abandoned or vacant for more than twelve (12) months. She stated then you are going to evaluate the property to bring it up to co de to the extent possible in regards to parking and landscaping and of course life safety, the Fire Department goes in and evaluates every property. She stated you just cannot set up shop on a vacant piece of property and not have an office, and have restroom facilities, so unfortunately it is part of doing business in any municipality, you are going to have an office, you are going to have ADA compliant restrooms for your customers, you are going to have ADA parking stalls and regular parking stalls for your customers, so with that she is sure the process is not perfect, she hears Mr. Currie he has frustrations with the process , she does not think it is so much with the building permit itself and that review, we do have our own challenges . She stated but just keep in mind we are reactive, we are reacting to the citizens of the County and the City of Port St. Lucie on this property and we have asked for the applicant to work with us and they have been. Mrs. Monahan stated alright gentlemen how long is it going to take you. Mr. Hofmann stated he has a question going back to two (2) months ago and if his memory serves him correctly there is a building on that property that was supposed to be removed and asked if that is part of this. Officer Brubaker answered that is a separate parcel where the Dollar General is going to be, that was a separate case. Monica Graziani, Code Compliance Manager, stated it is on the Dollar General property and they have submitted a demolition permit is that correct Carl and asked him if it has been issued yet. Carl Peterson, Building Official, answered yes and it has been issued. Mr. Hofmann asked is this going to be gone by August 7th. Monica Graziani, Code Compliance Manager, answered she believes it was this week you can ch eck with Ernesto. Mr. Velasco you are correct and he is also representing Dollar General on their code violation on that and as of yesterday when he was there on the property they were working on tearing it down so as soon as the permit was issued the work is being done. He stated if he may also go back a little bit for a second or two, Ms. Monica is correct he has known her, he was not counting for fifteen years, time goes by fast, but again as Mr. Zinter explained earlier this all started and all she said is correct we have been working and know the rules, however when we cut out this piece for Family Dollar we never did and shame on me for not knowing the 18 rules but he never expected this to be an ordeal. He stated the people have been there since 2003 or 2004 and yes it has changed hands since which also prompts some of these other issues that again we are not familiar with, but in essence it was in our opinion a simple move from where the guy has his business on one side of the property where it is now sold to the balance of the property where he has been and used for however many years. He stated so at no point did we think we were going to do things not following the rules by any means, so again we apologize for that, we are working as closely as we can with your staff to get this resolved, it is unfortunate but we are trying to resolve these problems. Chairman Fogg asked Mr. Velasco what you are telling us and he is glad that Monica Graziani spoke up because we are here as a Board to make sure things take place and it does start out with the permitting and things such as that in the beginning, but you had all your permits and such as that when you started correct. Mr. Velasco answered way back when yes. Chairman Fogg stated so all we are doing now is the Zoning Compliance correct. Mr. Zinter answered no we cannot get the Zoning Compliance until we actually get that permit. Chairman Fogg asked Mr. Velasco and Mr. Zinter what is your time frame on this. Mr. Velasco answered now we have to prepare plans for the ADA compliant ramp, he has contacted an architect to do wind loads on the windows of this building, which by the way he had an email from the manufacturer stating they do not do shutters because it complies with the Southern Building Code, they do not have to do that this is apparently a County requirement. Mr. Currie stated he does not known if Ernesto read his engineering comments lately but he can almost guarantee that they are going to make him pave his parking lot and provide drainage for the that parking lot. Mr. Velasco we do have that. Mr. Zinter stated we did that already. Mr. Velasco stated some of these things we knew. Mr. Currie stated he has been doing this type of work for twenty years and this is probably the most frustrating thing he has had to deal with is getting the Business Tax License and the Zoning Compliance which is the very last thing you do. Mrs. Monahan asked who is in charge of setting those rules and regs just out of curiosity. Mr. Currie answered there are five different people, you have the Fire District, the National Fire Code, the Florida Building Code, and the St. Lucie County Land Development Code, there are so many different agencies and that is why it is a mess. He stated it is not as simple as the zoning process, the zoning process is simple compared to this. Chairman Fogg stated he appreciates everything that everyone has added to this but we are here to make a decision. Mr. Zinter stated they did have the Fire Department there to inspect the trailer and exit and they signed off right when they were there for that and he guesses the County requires something different than the Fire Department as far as exits maybe he does not know, so they are asking us for different things that the Fire Department did not require. Mrs. Monahan asked do all counties in the State do this or is this special to St. Lucie County? 19 Monica Graziani stated it is not special to St. Lucie County, it just what Mr. Currie said you have the National Fire Code, you have the State of Florida Building Code, in addition you have the St. Lucie County Land Development Code. She stated my division enforces the Building Code. She stated what he is talking about is the Fire Department went in and did there inspection he passed, he did not pass the building plan review, just because Fire did not require a secondary or third point of ingress or egress the State Building Code does and our responsibility is to enforce that. She stated some of the issues Mr. Currie is talking about are relative to Planning and Fire and they have an ordinance that allows if it is a small business to defer or waive certain requirements, just for example we had a small wrecker type business required to have two (2) paved parking spaces plus an ADA space, they have to pave their ADA space, they got a deferral for two (2) years from the Planning Division they have that amount of time two (2) years to pave two (2) parking spaces, so that is going to enable them to continue in their business. Chairman Fogg stated we need to move on here. Carl Peterson, Building Official, stated the Fire Department goes out every year and does a yearly inspection on businesses, which apparently they passed. He stated the Florida statutes requires us that anytime a commercial permit is submitted it has to also be looked at by Fire and so now the plans they submitted for the building itself has to go to Fire as required by Florida statutes and then the Fire Department gives their approval and then we can issue it as long as everyone else is good with it. Chairman Fogg stated we are going to have make a motion and give them some time and addressed Mr. Velasco and Mr. Zinter and asked are we talking about ninety (90) days. Mr. Velasco answered we will address every comment your departments give as quickly as possible but he has no control over what else is going to happen next. There was discussion on how much time it was going to take to get the violations abated. Mrs. Monahan made a motion in reference to Case No. 83148 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, t he 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 10, 2016 with a maximum fine not to exceed $10,000.00. Mr. Campion seconded and the motion carried unanimously. Case #83167, Location of violation, Lennard Rd., Ft. Pierce, FL, Property Owner, Seacoast Tropical Palm & Nursery Inc. Ernesto Velasco and Paul Zinter, representatives for the property owner were sworn in by the Board’s Secretary. Officer Brubaker re-submitting two (2) photos, one (1) dated February 12, 2015 and one (1) dated May 5, 2015. She stated this case was found in violation at the May 2015 Code Board and given until June 30, 2015 to come into compliance. She stated the Board found the property to be in violation of Section 11.05.00, Operating without a Zoning Compliance. She stated there is an office trailer on the property that has to be permitted for the Zoning Compliance to be issued. She stated on June 18, 2015 the permit for the trailer has been applied for. She noted she has had contact with the owners of the property and discussed the ways to correct the violation. She stated as of August 4, 2015 the permit has not been issued and that is what is holding up the Zoning Compliance. Case #83148 and #83167 are companion cases and were heard together, the commentary is the same on this case as the above Case #83148. Mrs. Monahan made a motion in reference to Case No. 83167 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 an y taken by the 20 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 10, 2016 with a maximum fine not to exceed $10,000.00. Mr. Campion seconded and the motion carried unanimously. Case #83735, Location of violation, 5905 Myrtle Dr., Ft. Pierce, FL, Property Owner, Kathleen James. There was no one present to represent the property owner. Officer Brubaker submitted three (3) photos, one (1) dated April 1, 2015, one (1) dated May 27, 2015 and one (1) dated July 27, 2015. She stated this case was found in default at the June 2015 Code Board and given until July 3, 2015, to come into compliance. She stated during her first inspection she found 5905 Myrtle Dr. in violation of 7.09.05 (B), the pepper trees are encroaching on the neighbor’s property. She stated she has had no contact with the owner and as of August 4, 2015 the property is still in violation. Chairman Fogg stated we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 83735 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 July 4, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. X. REPEAT VIOLATION Case #84688, Location of violation, 8700 Citrus Park Blvd., Ft. Pierce, FL, Property Owners, Christy Pickerill. There was no one present to represent the property owner. Officer Swartzel submitted four (4) photos, one (1) dated July 6, 2015, two (2) dated July 7, 2015 and one (1) dated July 29, 2015. She stated 8700 Citrus Park Blvd. was originally brought to the Code Board on September 3, 2014 and found in violation of Section 38-26, Outside Storage. She stated during her inspection on July 6, 2015 she found the property to be in violation again for Section 38-26, Outside Storage. She stated she issued a Notice of Repeat Violation and scheduled them to appear to the August 5, 2015 Code Board. She stated she has had contact with the property owner and as of August 4, 2015 the property is in compliance, this property was in violation for fourteen (14) days. There was discussion among the Board and staff on the repeat violation. Officer Swartzel stated originally in the past it was the property owners and this violation was the tenants. Mrs. Monahan made a motion in reference to Case No. 84688 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation previously committed has been repeated, 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 $50.00 dollars per day shall be imposed for each day the violation exists starting July 7, 2015 with a maximum fine not to exceed $5,000.00. A cost of $200.00 shall be imposed as the cost for prosecuting this case. Mr. Currie and the motion carried unanimously. Case #84767, Location of violation, 880 Casalino Rd., Ft. Pierce, FL, Property Owner, Kraaz and Kraaz Finance LLC. There was no one present to represent the property owner. 21 Officer Williams addressed the Board and informed them in their packet was a letter from the property manager asking for a continuation as he was unable to come to the meeting today. The Board asked staff if this is the same property they have had from them in the past. Officer Williams answered it is a repeat. Carl Peterson, Building Official, addressed the Board and stated a while back this case was brought to the Board, they were turning a pole barn into a residential unit. He stated it went through the permitting process the whole way, it got down to the end and Mr. Kraaz found out that he had to pay impact fees on the property, he decided he did not want to pay impact fees on the property and he was going to remove everything and just make the upstairs into an office for his agricultural property. He stated at that time we voided the permit, the property came up for sale, it was advertised as a residential unit, the appraiser told us it was a residential unit again so we redid the code case. He stated he believes they are in the process of changing it back. Katherine Barbieri, Assistant County Attorney, addressed the Board and stated this is a repeat so the fine would start from the day we cited them, staff because of that and they are now she believes working with the Building Department to pull the permit, we are not opposed to continuing this to a date certain if they are not able to be here today because at that point you could start the fine back to whatever date you want when you hear the evidence. Chairman Fogg stated it would probably be better to do that then to try and make a de cision today. Katherine Barbieri, Assistant County Attorney, stated staff would just ask that you set it for a date certain. Mr. Campion asked staff if there was a date in the letter. Officer Williams answered in the negative. Chairman Fogg stated we do not want to continue this on and on so we would like to get it finalized so if we continued it today to the next meeting and at the next meeting we are going to make a decision one way or the other but at least it is giving him the opportunity to have a representative present. Mr. Hofmann made a motion in reference to Case No. 84767 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on September 2, 2015. Mr. Taylor seconded and the motion carried unanimously. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. XII. FINE REDUCTION HEARING Case No. 59319, Location of violation, 3108 Avenue S, Ft. Pierce FL, Property Owner, John Manos. Fine Reduction requested by Laura Fleischman, Fleischman Realty Group. Laura Fleischman, Fleischman Realty Group and Joseph Dieusener, the new owner of the property owner was sworn in by the Board’s Secretary. Laura Fleischman addressed the Board and stated she is the realtor Fannie Mae chose to represent this property. She stated Fannie Mae foreclosed on the on March 11, 2015, within a week we cleaned the yard, we clear boarded the windows and we do our weekly checks inside and out to make sure everything is alright. She stated in the meantime Mr. Joseph did a contract to purchase the property on May 29, 2015 and about a week later we found out after they did the title search that there is the lien on it. She stated so not to postpone it until today Mr. Joseph wanted to secure the property and get it property and that is why we are asking for this fine reduction and she thinks it is at $10,000.00. Mr. Currie asked them what is the reduction are you asking for. 22 Dieusener Joseph addressed the Board and stated he purchased the property in an effort to start a rental property business and asked the Board to take that into consideration. He stated in the first pictures are when he first got the property and the last picture shows everything has been completely done, he paid about $2,000.00 to get the whole property cleaned. Chairman Fogg asked Mr. Joseph if he is going to paint it. Mr. Joseph answered in the affirmative. Chairman Fogg stated this looks like it is in a community with a lot of other homes and asked Mr. Joseph if this is correct and is this a rental property. Mr. Joseph answered one other property is like that but right next to it they are all up to code. Chairman Fogg asked Mr. Joseph if these are apartme nt facilities. Mr. Joseph answered in the affirmative, there are about eight of them in the area. Chairman Fogg asked all owned by different people. Mr. Joseph answered in the affirmative. Mr. Currie asked Mr. Joseph so you closed on the property with the lien, is that my understanding. Mr. Joseph answered it might not of been the smart thing to do but yes he did. Mr. Currie stated so now the lien is on you instead of the previous owner. Mr. Joseph answered yes that is my understanding. Laura Fleischman stated the reason why is because the Board hearing was on July 3, 2015 and it was postponed another month and now he has to do roof work and everything else. There was discussion among the Board on the violation, how long it was in violation, time and effort of staff. Mr. Currie asked Mr. Joseph what is the reduction you asking for, are you asking for 100 percent, 50 percent. Mr. Joseph answered 100 percent would be best, because he is new into the rental property business and the best the county can do definitely 100 percent would be best. There was discussion on whether landscaping is required on residential property. Chairman Fogg addressed the Board a stated we are going to have to make a decision here, staff has made a recommendation and the Board has the opportunity to decide and we do need a motion on this. There was more discussion among the Board, staff, Mr. Joseph and Ms. Fleischman on how long the property was in violation and when the case abated. Mrs. Monahan made a motion in reference to Case #59319 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and $175.00 prosecution cost imposed by the Code Enforcement Board is hereby reduced to the amount of zero. Mr. Murdock seconded the motion carried. Chairman Fogg asked for a roll call vote: Mrs. Monahan – Yes, Mr. Fogg – No, Mr. Hoffman – No, Mr. Taylor – Yes, Mr. Murdock – Yes, Mr. Currie – Yes, and Mr. Campion – Yes. The motion carried. 23 XIII. OTHER BUSINESS None. XIV. STAFF BUSINESS None. ADJOURN: There was no further business and the meeting was adjourned at 11:08 a.m.