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HomeMy WebLinkAboutNOVEMBER 4 2015 FINAL DRAFT (002)1 FINAL DRAFT NOVEMBER 4, 2015 HELD IN THE COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:01 a.m., by Mr. Fogg. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Chairman……………………………………………………….………..Mr. Ralph Fogg Co-Chair…………………………………………………….……….......Mr. Randy Murdock Board Members..…………………………………………………….…..Mr. Wes Taylor …………………………………………………………………………...Mr. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Brad Currie …………………………………………………………………………...Mr. Patrick Campion Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT None. IV. APPROVAL OF MINUTES – OCTOBER 7, 2015 Mr. Taylor made a motion to accept the minutes of OCTOBER 7, 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 ……………………………………………………………………………Bea Goycochea Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Jose Matos, and Bea Goycochea 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 – Linda L. Kirchner and Ryan G. Harris – Case No. 63769 Satisfaction of Fine and Release of Lien – John G. Talley and Charles A. Perry III – Case No. 61548 Request for Fine Reduction Hearing _______________ Request for Fine Reduction Hearing – John Manos – Case No. 61016 Mr. Taylor made a motion to approve and accept staff’s recommendation as presented. Mr. Campion 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 VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 84953 Lot next to 7409 Coquina Ave., Ft. Pierce B and D Hutchinson Properties LLC 84942 5312 Palmetto Dr., Ft. Pierce Dawn M. Casper 84991 620 N Coconut Ave., Port St. Lucie Jay P. Singh 85307 Lot next to 3906 Avenue O, Ft. Pierce Arthur L. and Aquilla M. Washington 85079 Lot next to 3906 Avenue O, Ft. Pierce Amaral Petit and Oluremi Odediran 85382 Vacant lot next to 3805 Ave P, Ft. Pierce Marie R. Cornacchia 85131 Lot next to 406 N 39th St., Ft. Pierce B and D Hutchinson Properties LLC Case No. 84197 was heard first on the agenda: Case #84197, Location of violation, 8280 Business Park Dr., Port St. Lucie, FL, Property Owner, 8280 Business Park Drive LLC. Giuseppe Gambina, the property owner and Sara O’Leary were sworn in by the Board’s Secretary. Officer Brubaker submitted one (1) photo dated October 5, 2015. She stated during her first inspection she found 8280 Business Park Drive LLC in violation of 11.05.00, no zoning compliance for the Good Samaritan Ministries. She issued a letter and gave a compliance date of May 26, 2015. She noted she has had contact with the owner and discussed the ways to correct the violations and as of November 3, 2015 the property remains in violation. Mr. Currie recused himself on this case. There was discussion among the Board, staff, Mr. Gambina and Ms. O”Leary regarding the violation and the reason the violation on the property has not been corrected. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Murdock made a motion in reference to Case #84197 that the Code Enforcement Board makes the following determination: After hearing the facts in this c ase, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by March 1, 2016, 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, 3 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 #84923, Location of violation, 5907 Raintree Tr., Ft. Pierce, FL, Property Owner, Paula M. Bragg. Paula M. Bragg was sworn in by the Board’s Secretary. Officer Brubaker submitted four (4) photos, one (1) dated July 23, 2015, one (1) dated July 30, 2015, one (1) dated October 23, 2015 and one (1) dated November 2, 2015. She stated during her first inspection she found 5907 Raintree Tr. to be in violation of Section 38-26, for the unserviceable vehicle. She issued a letter and gave a compliance date of August 19, 2015. She has had no contact with the owner and as of November 2, 2015 the property remains in violation. There was discussion among the Board, staff and Ms. Bragg regarding the violation and the reason the violation on the property has not been corrected. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Hofmann made a motion in reference to Case #84923 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 January 8, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Murdock seconded the motion carried unanimously. Case #83214, Location of violation, 5007 Barcelona Ave.., Ft. Pierce, FL, Property Owner, Jamie M. and Yolanda N. McNair. Jamie M. McNair was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted five (5) pictures, three (3) dated January 22, 2009 and two (2) dated February 19, 2015. She stated on 6/15/2015 a notice of violation was sent to Jamie M. and Yolanda N. McNair, the property owners for 5007 Barcelona Ave. to please obtain a permit for the roof, the renovation done to include the door, windows electrical, etc., with a correction date of March 30, 2015. She stated after not receiving any communication staff scheduled the case to the July Code Enforcement meeting and that meeting was cancelled. She stated staff scheduled this case to the August meeting. She noted the property was posted on July 24, 2015. She stated on August 4, 2015 the property owner came in and met with staff and we explained this was and old case and the previous owners did not obtain the permits required. She stated this property was in foreclosure and when the new owners name appeared on the property appraiser we had to cite him as we need to have proper permits for the work. She stated he understood and requested for the case to be removed from the agenda to give him time to bring the property into compliance. She stated staff gave an extension of thirty (30) days. Officer Vargas Barrios stated on September 16, 2015 no permits have been applied for and staff did not receive any communication therefore a Notice to Appear was sent. She stated on September 21, 2015, a permit for the windows and doors was issued. She stated he would still need to address the renovation inside with electrical work and the roof. She stated a contractor has contacted staff and he said he is working with the owner. She stated as of November 4, 2015, a permit has not been applied for, this is in violation of St. Lucie County Land Development Code, Section 11.05.01, Building and Sign Permits. There was discussion among the Board, staff and Mr. McNair regarding the violations and the reason the owner has not corrected the violation on the property. 4 Mr. Campion made a motion in reference to Case #83214 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 January 5, 2016, 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. Murdock 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______ 85099 3214 Avenue D, Ft. Pierce Angle Properties LLC 83892 2910 Iroquois Ave., Ft. Pierce Thomas R. Cuker 84770 Next to 3216 N 25th St., Ft. Pierce David Medina 84970 8001 Lockwood Dr., Ft. Pierce Juan F. Rivera 85106 301 Bartow St., Ft. Pierce Zachary Taylor 85447 3507 Avenue R, Ft. Pierce Thelma D. Cullins 85178 169 Huber Dr., Ft. Pierce Robert L. Conover 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. Hofmann seconded and the motion carried unanimously. IX. FINE HEARING: CONTINUED FROM OCTOBER 7, 2015 Case #82469, Location of violation, 8280 Business Park Dr., Port St. Lucie, FL, Property Owner, Good Samaritan Ministries. Vito Bitetto, property owner and Sara O’Leary were sworn in by the Board’s Secretary. Officer Brubaker re-submitted two (2) photos, one (1) dated January 9, 2015, one (1) dated January 28, 2015, and submitted one (1) photo dated October 5, 2015. She stated this case was heard at the April 1, 2015 Code Board and found in violation of 11.05.00, operating without a zoning compliance. She stated the Board found the property in violation and gave them until September 4, 2015 to come into compliance. She stated she has had contact with the owner of the Good Samaritan Ministries. She stated on May 5, 2015 a permit was issued for the renovations being done to the property, however the zoning compliance permit cannot be issued until the renovation permit is finaled. She noted as of October 6, 2015 the permit is still open and they are still in violation. She stated on May 5, 2015 a permit was issued for the renovations being done to the prop erty, however the zoning compliance permit cannot be issued until the renovation permit is finaled. Mr. Currie recused himself on this case. There was discussion among the Board and staff regarding the violation on the property. Chairman Fogg asked the Board if they had any questions if not we are looking for a motion. 5 Mr. Hofmann made a motion in reference to Case No. 82469 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 1, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #82782, Location of violation, 5270 Compass Cove Pl., Ft. Pierce, FL, Property Owner, Joseph Valchar and Judith L Betush-Valchar. Robert Smith, contractor for the property owners was sworn in by the Board’s Secretary. Officer Vargas Barrios re-submitting five (5) pictures, four (4) dated January16, 2015, and one (1) dated September 2, 2015. She stated this case was brought before the Code Enforcement Board October 7, 2015 and was found in violation of St. Lucie County Land Development Code, Section 11.05.01, Building and Sign Permits, for not having a permit for the room addition to include the structural knee wall around the base of the room addition. She stated the contractor was present and the board gave until November 2, 2015 to bring the property into compliance. She noted as of September 4, 2015 the permit has not been issued and the property remains in violation. There was discussion among the Board, Robert Smith, and staff regarding the violation on the property. Chairman Fogg asked the Board if they had any questions if not we are looking for a motion. Mrs. Monahan made a motion in reference to Case No. 82782 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting December 1, 2015 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. X. REPEAT VIOLATION None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS None. XII. FINE REDUCTION HEARING Case No. 69001, Location of violation, 7991 S US 1, Port St. Lucie, FL, Property Owner, EMGI LLC. Fine Reduction requested by Anthony Gambardella, Thomas J. White Realty. Mr. Gambardella was sworn in by the Board’s Secretary. There was discussion among the Board, Mr. Gambardella, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #69001 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendation of staff with regard to this fine, that we deny this request for a fine reduction. Mr. Campion seconded the motion and the motion carried. 6 Case No. 76213, Location of violation, 1008 Shorewinds Dr. B, Ft. Pierce, FL, Property Owner, Shorewinds 1008 LLC. Fine Reduction requested by Carl Williams. Carl Williams, property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Mr. Williams, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #76213 that the Code Enforcement Board makes the following determination: The fine of $5,200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. Mr. Murdock seconded the motion and the motion carried unanimously. Case No. 57130, Location of violation, 6501 Paso Robles Blvd., Ft. Pierce, FL, Property Owner, Marcy A. Chesnut. Fine Reduction requested by Jim Schorner, Schorner and Associates. Kenneth Chesnut, was sworn in by the Board’s Secretary. Mr. Schorner, Attorney for the Estate of Marcy A. Chesnut was present . Mr. Schorner addressed the Board and requested the fine be reduced to the amount of $500.00 There was discussion among the Board, Mr. Chesnut, Mr. Schorner, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #57130 that the Code Enforcement Board makes the following determination: The fine of $10,150.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $500.00. This reduced fine must b e paid within ten (10) days of this hearing or the fine will revert back to original fine of $10,150.00. Mr. Campion seconded the motion. Chairman Fogg asked for a voice vote: Mr. Fogg – no, Mrs. Monahan – yes, Mr. Hofmann – yes, Mr. Taylor – yes, Mr. Murdock – yes, Mr. Currie – yes, Mr. Campion – yes. The motion carried. Case No. 84688, Location of violation, 8700 Citrus Park Blvd., Ft. Pierce, FL, Property Owner, Christy Pickerill. Fine Reduction requested by Christy Pickerill. Christy Pickerill was sworn in by the Board’s Secretary. There was discussion among the Board, Christy Pickerill, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Hofmann made a motion in reference to Case #84688 that the Code Enforcement Board makes the following determination: The fine of $700.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $350.00. This reduced fine must be paid within thirty (30) days of thi s hearing or the fine will revert back to original fine of $700.00. Mr. Murdock seconded the motion and the motion carried. Case No. 10692, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Mr. Blandino was sworn in by the Board’s Secretary. 7 There was discussion among the Board, Mr. Blandino, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #10692 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $1,250.00. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 17362, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Mr. Blandino was sworn in by the Board’s Secretary. There was discussion among the Board, Mr. Blandino, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #10692 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $1,250.00. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $5,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case No. 39342, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Mr. Blandino was sworn in by the Board’s Secretary. There was discussion among the Board, Mr. Blandino, and staff regardi ng the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #39342 that the Code Enforcement Board makes the following determination: The fine of $10,125.00 imposed b y the Code Enforcement Board is hereby reduced to the amount of $2,500.00. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $10,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case No. 64034, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Mr. Blandino was sworn in by the Board’s Secretary. Frank Blandino Jr., Attorney, representative on the property arrived. There was discussion among the Board, Frank Blandino, Frank Blandino Jr., and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #64034 that the Code Enforcement Board makes the following determination: The fine of $5,200.00 imposed by the Code Enforcement Board is hereby 8 reduced to the amount of $1,250.00. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $5,200.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 74922, Location of violation, 705 Savannah St., Ft. Pierce, FL, Property Owner, Eugene Walker. Fine Reduction requested by Wyatt J. Walker. Sandra Jackson, mother of Wyatt J. Walker was sworn in by the Board’s Secretary. There was discussion among the Board, Ms. Jackson, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #74922 that the Code Enforcement Board makes the following determination: The fine of $5,200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. Mrs. Monahan seconded the motion and the motion carried unanimously. Case No. 82182, Location of violation, 705 Savannah St., Ft. Pierce, FL, Property Owner, Eugene Walker. Fine Reduction requested by Wyatt J. Walker. Sandra Jackson, mother of Wyatt J. Walker was sworn in by the Board’s Secretary. There was discussion among the Board, Ms. Jackson, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case #82182 that the Code Enforcement Board makes the following determination: The fine of $5,200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $200.00. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $5,200.00. Mrs. Monahan seconded the motion and the motion carried unanimously. XIII. OTHER BUSINESS The Board cancelled the January 6, 2015 Code Enforcement Board meeting. Staff did a presentation to the Board on some of the code officer’s successful code cases. Lynn Swartzel – Case No. 86015 – 7303 Arthurs Rd. and Case No. 86085 – 7302 Eden Rd. Melissa Brubaker – Case No. 85168 - 5103 Hickory Dr. Jose Matos – Case No. 85974 - 1602 N 39th St. Bea Goycochea – Case No. 85477 - 131 SE Solaz Ave. XIV. STAFF BUSINESS None. ADJOURN: There was no further business and the meeting was adjourned at 10:55 a.m.