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HomeMy WebLinkAboutMinutes DECEMBER 2 2015 FINAL DRAFT1 FINAL DRAFT DECEMBER 2, 2015 COMMISSION CHAMBERS ROGER POITRAS ANNEX 2300 VIRGINIA AVENUE FORT PIERCE, FLORIDA I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:02 a.m., by Mr. 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 – NOVEMBER 4, 2015 Mr. Hofmann made a motion to accept the minutes of NOVEMBER 4, 2015 as amended. Mr. Taylor seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official……….…………………………………….…………..Carl Peterson Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Lynn Swartzel …………………………………………………………………………....Monica Vargas Barrios …………………………………………………………………………....Jose Matos ……………………………………………………………………………Bea Goycochea Senior Environmental Planner……………………………………………Ben Balcer Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Jose Matos, Bea Goycochea, and Ben Balcer 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 – Robert E. Duvall– Case No. 70762 Satisfaction of Fine and Release of Lien – Marcy A. Chesnut– Case No. 57130 Satisfaction of Fine and Release of Lien – Shorewinds 1008 LLC– Case No. 76213 Satisfaction of Fine and Release of Lien – Eugene Walker– Case No. 82182 Satisfaction of Fine and Release of Lien – Eugene Walker– Case No. 74922 Release of Lien – Shirley Young-Fischetti - Case No. 79961 Release of Lien – John Manos - Case No. 61016 Request for Fine Reduction Hearing ________________ Request for Fine Reduction Hearing – Robert T. Bagdy – Case No. 38998 Request for Fine Reduction Hearing – Onewest Bank – Case No. 81117 Motion for Stay ______________________________________ Motion for Stay – J. Andrew Schmidgall – Case No. 10692 Motion for Stay – J. Andrew Schmidgall – Case No. 17362 Motion for Stay – J. Andrew Schmidgall – Case No. 39342 Motion for Stay – J. Andrew Schmidgall – Case No. 64034 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 85547 2906 Avenue R, Ft. Pierce Elizabeth J. Rosson 85727 201 N 37th St., Ft. Pierce Dorothy Rhyant & Ezekiel Rhyant Sr. 85402 2885 Harson Way, Ft. Pierce Mary Wesley 84962 8407 Fort Walton Ave., Ft. Pierce Philip D. and Sandra Krischke 84952 7205 Ocala Ave., Ft. Pierce Donna L. Coe 85542 4275 N US Hwy. 1, Ft. Pierce Country Cove MHP LLC 85428 7902 Lakeside Way, Ft. Pierce DJP General Contracting Services Inc. 85514 401 E Prima Vista Blvd., Ft. Pierce Primestar Fund I Trs Inc. 85385 366 Notlem Dr., Ft. Pierce Meera Chagani 85158 940 Gopher Ridge Rd., Ft. Pierce Michelle Browning 85072 342 Melton Dr., Ft. Pierce Laureen M. Kennedy 84806 3508 Avenue P, Ft. Pierce Lanna D. Wood 84433 7407 Arthurs Rd., Ft. Pierce Carol M. Coker 84109 8600 S Ocean Dr., Jensen Beach Sitech Inc. Case No. 84989 was heard first on the agenda: Case No. 84989 and Case No. 85915 are Companion Cases Case #84989, Location of violation, 208 Rouse Rd., Ft. Pierce, FL, Property Owner, John and Louise Cross. John Cross was sworn in by the Board’s Secretary. Daryl J. Krauza, Attorney for the owner was present. 3 Officer Matos submitted fifteen (15) photos, ten (10) dated September 11, 2015 taken by Officer Williams and five (5) dated December 1, 2015. He stated this case was continued from the October 7, 2015 Code Board Hearing to be brought to the December 2, 2015 Code Board Hearing. He stated on August 8, 2015 he found 208 Rouse Rd. to be in violation of Section 38-26, for outside storage of pallets and other miscellaneous items, Ordinance 11.05.00, to obtain a Zoning Compliance for using the property as a storage facility, and Ordinance 1-12-17, to obtain a Business Tax Receipt. He stated he has spoken to the tenant Mr. Mark Norton and Mr. John Cross. He stated Mr. Norton has applied for the Zoning Compliance on November 11, 2015 but it is still pending. He stated this is a companion case and Mr. Norton could not here today but he and Mr. Cross are asking for a 90 day extension so they can take care of all the violations. He noted Mr. Norton has removed 2500 pallets, a boat and is trying to find a vendor to get rid of all the broken pallets to use as mulch. He stated as of December 1, 2015 the property still remains in violation. Officer Williams addressed the Board and stated she would like to add on September 11, 2015 she met Mr. Cross and Mr. Norton on the property and told them about the violations and ways to correct them that was September 11, the Zoning Compliance was not applied for until November 19, 2015 just to let you know and it has not been issued because there is criteria to be met which has not be met yet. There was discussion among the Board, staff, Mr. Cross, the property owner, and his attorney, Daryl Krauza regarding the violations and the reasons the violations on the property have not been corrected. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Currie made a motion in reference to Case No. 84989 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on March 2, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #85915, Location of violation, 208 Rouse Rd., Ft. Pierce, FL, Tenant, Mark Norton. The tenant Mark Norton was not present. Officer Matos submitted fifteen (15) photos, ten (10) dated September 11, 2015 taken by Officer Williams and five (5) dated December 1, 2015. He stated this case was continued from the October 7, 2015 Code Board Hearing to be brought to the December 2, 2015 Code Board Hearing. He stated on August 8, 2015 he found 208 Rouse Rd. to be in violation of Section 38-26, for outside storage of pallets and other miscellaneous items, Ordinance 11.05.00, to obtain a Zoning Compliance for using the property as a storage facility, and Ordinance 1-12-17, to obtain a Business Tax Receipt. He stated he has spoken to the tenant Mr. Mark Norton and Mr. J ohn Cross. He stated Mr. Norton has applied for the Zoning Compliance on November 11, 2015 but it is still pending. He stated this is a companion case and Mr. Norton could not here today but he and Mr. Cross are asking for a 90 day extension so they can take care of all the violations. He noted Mr. Norton has removed 2500 pallets, a boat and is trying to find a vendor to get rid of all the broken pallets to use as mulch. He stated as of December 1, 2015 the property still remains in violation. Officer Williams addressed the Board and stated she would like to add on September 11, 2015 she met Mr. Cross and Mr. Norton on the property and told them about the violations and ways to correct them that was September 11, the Zoning Compliance was not applied for until November 19, 2015 just to let you know and it has not been issued because there is criteria to be met which has not be met yet. There was discussion among the Board, staff, Mr. Cross, the property owner, and his attorney, Daryl Krauza regarding the violations and the reasons the violations on the property have not been corrected. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mrs. Monahan made a motion in reference to Case #85915 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 4 warranted. If the Order of Enforcement is not complied with by January 15, 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. Taylor seconded and the motion carried unanimously. Case #85388, Location of violation, 7407 Palomar St., Ft. Pierce, FL, Property Owner, Joseph S. and Altagracia R. Lorrius. Joseph S. Lorrius was sworn in by the Board’s Secretary. Officer Swartzel submitted five (5) photos, one (1) dated September 15, 2015, two (2) dated November 20, 2015, and two (2) dated November 30, 2015. She stated during her first inspection on September 15, 2015 she found 7407 Palomar St. to be in violation of Section 38-26, Unserviceable Vehicles. She issued a letter and gave a correction date of September 30, 2015. She stated on November 20, 2015 she sent a Notice to Appear to the December Code Board. She noted she has had no contact with the property owner and as of December 1, 2015, the property still remains in violation. There was discussion among the Board, staff and Mr. Lorrius regarding the violation and the reason the owner has not corrected the violation on the property. Mrs. Monahan made a motion in reference to Case #85388 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 determin e 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 15, 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, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is no t abated by the given compliance date. Mr. Murdock seconded and the motion carried unanimously. Case #85970, Location of violation, 3214 Avenue D, Ft. Pierce, FL, Property Owner, Angle Properties LLC. Brian Taylor representative for the property owner was sworn in by the Board’s Secretary. Fred Van Vonno, attorney for the owner was also present. Officer Swartzel submitted six (6) photos, four (4) dated November 12, 2015 and two (2) dated November 30, 2015. She stated during her first inspection on November 12, 2015 she found 3214 Avenue D to be in violation of Section 38-26, for outside storage of concrete, debris, etc. She issued a letter and gave a compliance date of November 16, 2015. She stated staff has had no contact with the property owners for the most part and on November 20, 2015 she issued a Notice to Appear to the December Code Board. She noted as of December 1, 2015 the property still remains in violation. She noted she did speak to Mr. Taylor yesterday and staff (Mrs. Graziani and Danielle Williams) also spoke with Mr. Taylor yesterday. There was discussion among the Board, staff and Mr. Taylor and Attorney Van Vonno regarding the violation and the reason the owner has not corrected the violation on the property. Mr. Hofmann made a motion in reference to Case #85970 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 v iolation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by April 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 5 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. Case #84829, Location of violation, 8000 Indrio Rd., Ft. Pierce, FL, Property Owner, Spirit Wind Ministries Inc. Dwayne Hammock representative for the property owner was sworn in by the Board’s Secretary. Officer Swartzel submitted two (2) photos, one (1) dated July 22, 2015 and one (1) dated November 30, 2015. She stated during her first inspection on July 22, 2015 she found 8000 Indrio Rd. to be in violation of 11.05.06, Vegetation Removal Permit Required, a vegetation removal permit is required to remove all trees in St Lucie County. She issued a letter and gave a compliance date of August 5, 2015. She stated on November 3, 2015 she issued a Notice to Appear to the December Code Board. She stated she has had no contact with the property owners. She noted they did have some correspondence with Planning and our ERD Departments but failed to follow through with any of the requirements of the application. She stated Mr. Balcer with the ERD Department is here to answer any questions you might have. She noted as of December 1, 2015 this property still remains in violation. There was discussion among the Board, staff, Mr. Balcer from ERD, and Mr. Hammock regarding the violation and what ERD will require the owner to do to correct the violation on the property. Mr. Balcer stated that ERD looks at every tree to be removed in St. Lucie County that is the point of their vegetation removal application so they will have records of preserved trees. 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 #84829 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 Orde r of Enforcement is warranted. If the Order of Enforcement is not complied with by February 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 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. Campion seconded the motion carried unanimously. Case #85252, Location of violation, 6251 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Sealtite Pavers Inc. Tim Berry representative for the property owner was sworn in by the Board’s Secretary. Officer Swartzel submitted two (2) photos, one (1) dated August 31, 2015 and one (1) dated November 30, 2015. She stated during her first inspection on August 31, 2015 she found 6251 N US Hwy. 1 to be in violation of Section 11.05.01, Building and Sign Permits, to obtain a permit for the wall sign. She issued a letter and gave a compliance date of September 22, 2015. She stated on November 3, 2015 she issued a Notice to Appear to the December Code Board. She stated she has had no contact with the property owner. She stated she has had contact with the office staff as they have asked me twice to fax a copy of the Notice to Appear to the office. She stated yesterday at 4:30 p.m. she had contact with the property owner and spoke to him about the violation. She noted as of December 1, 2015 this property remains in violation. There was discussion among the Board, staff and Mr. Berry regarding the violation and the reason the owner has not corrected the violation on the property. Mr. Taylor made a motion in reference to Case #85252 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations 6 of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by February 5, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been i mposed 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. Hofmann seconded the motion carried unanimously. Case #85548, Location of violation, 3201 S 21st St., Ft. Pierce, FL, Property Owner, Mark Groothouse. There was no one present to represent the property owner. Chairman Fogg informed the Board they have a letter in their packet. Officer Williams addressed the Board and stated Mr. Groothouse is asking for a continuation as he could not be here today, he is out of town. She stated staff is fine with continuing this case to the February meeting. Chairman Fogg asked the Board if they had any questions. Mrs. Monahan made a motion in reference to Case No. 85548 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on February 3, 2016. Mr. Campion seconded and the motion carried unanimously. Case No. 84525 and Case No. 84516 are Companion Cases Case #84525, Location of violation, 8229 S US Hwy. 1, Port St. Lucie, FL, Property Owner, Christian Dickert. Christian Dickert the property owner was sworn in by the Board’s Secretary. Chairman Fogg informed the Board there is a letter for this also from Tire Stop Inc. Officer Brubaker submitted six (6) photos, three (3) dated June 10, 2015 and three (3) dated November 17, 2015. She stated she also submitted a letter from Mr. Dickert dated November 19, 2015 that was given to the Board this morning. She stated during her first inspection she found 8229 S US 1 in violation of Section 3.01.03 (S), cargo containers are not allowed in commercial general zoning and Section 7.10.02, outdoor displays are not permitted in a commercial zone. She issued a letter and gave a compliance date of June 25, 2015. She stated on July 16, 2015 she issued staff met with the owner and discussed his violations and ways to correct them. She stated at that time owner was given an extension to remove the tires and the cargo containers, as of December 1, 2015 the property does remain in violation and staff will support continuing the case until the February 2016 Code Board meeting as long as Mr. Dickert moves forward with complying with the code. Mr. Dickert stated he is sorry for his English he is from Germany. Chairman Fogg stated we will try and help you understand and informed Mr. Dickert the violation is the tires and containers which are not allowed in that zoning so he has to do something about it and the Board and staff is willing to continue the case until the February 3, 2015 Code Board meeting as long as between now and February you move forward and do something and if we see something happening and changing things it will help a great deal. Mr. Dickert stated he has been working on it the whole time. He stated he is looking for a warehouse anywhere but nobody wants his tire storage in there so he is still looking and sent another email yesterday to a realtor on another one available, but he has no feedback yet. He stated when he spoke to Officer Brubaker already about it and he has an appointment with Ms. Waite to see about the building his warehouse and how it takes to get a permit for that. He stated Ms. Waite told him four (4) to six (6) 7 months. He stated if he gets approval in two (2) months the warehouse will be there in two (2) months because it is just four (4) to six (6) weeks to order the warehouse . He stated if he has to put concrete instead of the asphalt that is there he would need additional time for that. Monica Graziani, Building and Code Manager, made a suggestion that Mr. Dickert sho uld set up an appointment with the Planning Department for a pre-application review of what he would like to do, he is yet to do that and staff started discussions with him in June he has not done as yet. She stated then we can start to help him through the process, it does not take six (6) months to get a permit, he does not need a rezoning, or a use change he needs a permit and we can definitely expedite it if there is a code case pending. Mr. Dickert stated he does have paperwork from Ms. Waite which he thinks is the same she is talking about and he has a friend that he can take with to help him with the process. There was further discussion among the Board, staff and Mr. Dickert regarding the violations and how the owner can correct the violations on the property. Chairman Fogg asked the Board if they do not have any questions we are looking for a motion. Mr. Campion made a motion in reference to Case No. 8 4525 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on February 3, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #84516, Location of violation, 8229 S US Hwy. 1, Port St. Lucie, FL, Tenant, Tire Stop Inc. Christian Dickert the property owner was sworn in by the Board’s Secretary. Chairman Fogg informed the Board there is a letter for this also from Tire Stop Inc. Officer Brubaker submitted six (6) photos, three (3) dated June 10, 2015 and three (3) dated November 17, 2015. She stated she also submitted a letter from Mr. Dicker t dated November 19, 2015 that was given to the Board this morning. She stated during her first inspection she found 8229 S US 1 to be in violation of Section 3.01.03 (S), cargo containers are not allowed in commercial general zoning and Section 7.10.02, outdoor displays are not permitted in a commercial zone. She issued a letter and gave a compliance date of June 25, 2015. She stated on July 16, 2015 she issued staff met with the owner and discussed his violations and ways to correct them. She stated at that time owner was given an extension to remove the tires and the cargo containers, as of December 1, 2015 the property does remain in violation and staff will support continuing the case until the February 2016 Code Board meeting as long as Mr. Dickert moves forward with complying with the code. Mr. Dickert stated he is sorry for his English he is from Germany. Chairman Fogg stated we will try and help you understand and informed Mr. Dickert the violation is the tires and containers which are not allowed in that zoning so he has to do something about it and the Board and staff is willing to continue the case until the February 3, 2015 Code Board meeting as long as between now and February you move forward and do something and if we see something happening and changing things it will help a great deal. Mr. Dickert stated he has been working on it the whole time. He stated he is looking for a warehouse anywhere but nobody wants his tire storage in there so he is still looking and sent another email yest erday to a realtor on another one available, but he has no feedback yet. He stated when he spoke to Officer Brubaker already about it and he has an appointment with Ms. Waite to see about the building his warehouse and how it takes to get a permit for that. He stated Ms. Waite told him four (4) to six (6) months. He stated if he gets approval in two (2) months the warehouse will be there in two (2) months because it is just four (4) to six (6) weeks to order the warehouse. He stated if he has to put con crete instead of the asphalt that is there he would need additional time for that. 8 Monica Graziani, Building and Code Manager, made a suggestion that Mr. Dickert should set up an appointment with the Planning Department for a pre-application review of what he would like to do, he is yet to do that and staff started discussions with him in June he has not done as yet. She stated then we can start to help him through the process, it does not take six (6) months to get a permit, he does not need a rezoning, or a use change he needs a permit and we can definitely expedite it if there is a code case pending. Mr. Dickert stated he does have paperwork from Ms. Waite which he thinks is the same she is talking about and he has a friend that he can take with to help him with the process. There was further discussion among the Board, staff and Mr. Dickert regarding the violations and how the owner can correct the violations on the property. Chairman Fogg asked the Board if they do not have any questions we are look ing for a motion. Mr. Campion made a motion in reference to Case No. 84516 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on February 3, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #85320, Location of violation, 4703 Buchanan Dr., Ft. Pierce, FL, Property Owner, Federal National Mortgage Assoc. Brian Lemen representative for the property owner was sworn in by the Board’s Secretary. Officer Brubaker submitted four (4) photos, one (1) dated September 9, 2015 and two (2) dated November 23, 2015 and one (1) dated December 1, 2015. She stated during my first inspection she found 4703 Buchanan Dr. in violation of Section 8.00.05, to place a fence or screen room around the pool and Section 13.08.01, Article 303.1, to clean the pool. She issued a letter and gave a compliance date of September 30, 2015. She stated she has had contact with the representative of the property and we discussed ways to correct the violation. She noted as of December 1, 2015 the property still remains in violation. There was discussion among the Board, staff and Mr. Lemen regarding the violations and the reasons the owner has not corrected the violations on the property. Mr. Currie made a motion in reference to Case #85320 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 fa ct did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by February 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 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 #84808, Location of violation, 6071 S US Hwy. 1 , Ft. Pierce, FL, Property Owner, Fine Investment Properties Inc. Howard Fein the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted seven (7) pictures taken by Officer Brubaker. She stated on July 24, 2015 she and Officer Brubaker went out to 6143 S US Hwy. 1, Benton Wood Mobile Homes to check on a complaint that was called in of work being done without a permit and a license. She stated when we arrived, we noticed work was being done. She stated we issued a Stop Work Order and a Notice of Violation was sent to Fine Investments Properties Inc. the property owners listed for Benton Wood Mobile Homes to please obtain a permit for the renovation done to the property to include roof work, electrical etc. with a correction date of August 14, 2015. She stated on November 4, 2015 the Notice to Appear was sent and on November 20, 2015 the property was posted . She noted as of December 2, 2015 a permit has not 9 been applied for, this is in violation of St. Lucie Land Development Code 11.05.01, Building and Sign Permits. She stated staff has had some communication with the property owner. There was discussion among the Board, staff and Mr. Fein regarding the violation and the reason the owner has not corrected the violation on the property. Mr. Campion made a motion in reference to Case #84808 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 determi ne the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by February 3, 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, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is n ot 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______ 85508 6708 Pensacola Rd., Ft. Pierce Lak Kalra 85474 8704 Brookline Ave., Ft. Pierce Chad W. Hemminger 85389 5304 Deleon Ave., Ft. Pierce William A. Tucker 85528 10331 Lennard Rd., Port St. Lucie Hutton Team LLC 84908 803 El Nueva Ave., Ft. Pierce Abraham Hutchinson 85013 381 Silverstream Cir., Ft. Pierce Ridgecrest Mobile Home Park 84892 5008 Hickory Dr., Ft. Pierce Judith E. Grigg 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: Case #82896, Location of violation, 3170 NW Perimeter Rd., Palm City, FL, Property Owner, Sandi L.Nickerson and Claire L. Nickerson. Jeff Freedman, the tenant was sworn in by the Board’s Secretary. Officer Vargas Barrios re-submitting five (5) pictures, three (3) dated January 27, 2015 and two (2) dated July 17, 2015. She stated this case was brought before the Code Enforcement Board on August 5, 2015 and was found in violation of the St. Lucie County Land Development Code, 11.05.01, for not having a permit for the shed/structures on the property. She noted the Board gave a compliance date of November 6, 2015. She stated the representative for the owner was present. She noted since the Board meeting the permit for the shed was applied for on November 6, 2015 and as of December 2, 2015 the permit is in a pending status. There was discussion among the Board, staff and Mr. Freedman 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 if not we are looking for a motion. 10 Mrs. Monahan made a motion in reference to Case No. 82896 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 gra vity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting February 1, 2016 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case #84542, Location of violation, 44 Aqua Ra Dr., Jensen Beach, FL, Property Owner, C A Hunter Trust. There was no one present to represent the property owner. Officer Vargas Barrios re-submitting eight (8) pictures, six (6) dated March 5, 2015, and two (2) dated September 30, 2015. She stated this case was brought before the Code Enforcement Board October 7, 2015 and was found in violation by default of the St. Lucie County Land Development Code, 11.05.01, Building Permits, for not having a permit for the interior renovations to include electrical, plumbing, etc. She stated the permit was applied for in March and as of December 2, 2015 the permit still pending. 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. Mr. Hofmann made a motion in reference to Case No. 84542 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case No. 83565 and Case No. 83869 are Companion Cases Case #83565, Location of violation, 2615 Flotilla Terr., Ft. Pierce, FL, Property Owner, David Gruwell. Michael Waldrop, contractor for the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios re-submitting 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 this case was brought before the Code Enforcement Board on August 5, 2015, and was found in violation of the St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits, for not having a permit for enclosing the carport. She stated the Board gave a correction date of December 1, 2015 and the owner’s representative was present. She stated as of December 2, 2015 a permit has not been applied for. There was discussion among the Board, staff and Mr. Waldrop regarding the violation and the reason the owner has not corrected 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. 83565 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on February 3, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #83869, Location of violation, 2615 Flotilla Terr., Ft. Pierce, FL, Property Owner, David Gruwell. Michael Waldrop, contractor for the property owner was sworn in by the Board’s Secretary. 11 Officer Matos submitted three (3) photos, one (1) dated April 16 2015, one (1) dated August 3, 2015, and one (1) dated November 30, 2015, He stated this case was found in violation at the August 5, 2015 Code Board Hearing for being in violation of Section 13.08.01, Standard Housing Code, Section 302.3, Sidewalk and Driveway Maintenance. He stated the Board gave until December 1, 2015 to come into compliance. He stated he has spoken to the contractor and he is here today to ask for more time. He stated as of November 30, 2015 the property still remains in violation. There was discussion among the Board, staff and Mr. Waldrop regarding the violation and the reason the owner has not corrected 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. 83565 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on February 3, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #84851, Location of violation, 110 N 40th St., Ft. Pierce, FL, Property Owner, Walter Jones. There was no one present to represent the property owner. Officer Matos submitted four (4) photos, one (1) dated July 15, 2015, one (1) dated October 5, 2015, one (1) dated November 6, 2015 and one (1) dated November 30 2015. He stated this case was found to be in default at the October 7, 2015 Code Board Hearing for being in violation Section 38-97, overgrowth of grass and weeds and Section 38-26, outside storage. He stated the Board gave until November 6, 2015 to bring the property into compliance. He stated he has had no contact with the property owner as of November 30, 2015 the property is still in violation for outside storage, but the grass has been abated. 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. Mrs. Monahan made a motion in reference to Case No. 84851 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #84840, Location of violation, 102 N 38th St., Ft. Pierce, FL, Property Owner, Hogar Community Reinvestment LLC. There was no one present to represent the property owner. Officer Matos submitted three (3) photos, one (1) dated July 15, 2015, one (1) dated October 5, 2015 and one (1) dated November 30, 2015. He stated this case was found in default at the October 7, 2015 Code Board Hearing for being in violation Section 38-97, for excessive overgrowth and Section 38-26. He stated the Board gave until November 6, 2015 to bring the property into compliance. He stated he has had no contact with the property owner as of November 30 , 2015 the property still remains in violation. 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. Mr. Campion made a motion in reference to Case No. 84840 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 12 fine of $250.00 per day shall be imposed for each day the violation exists starting November 7, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #84395, Location of violation, 3105 Langston Dr., Ft. Pierce, FL, Property Owner, Charles E. Grant, Cindia Patterson-Grant and Yolanda M. Collins. There was no one present to represent the property owner. Officer Matos submitted three (3) photos, one (1) dated May 27, 2015, one (1) dated October 5, 2015 and one (1) dated November 30, 2015. He stated this case was found in default at the October 7, 2015 Code Board Hearing for being in violation Section 38-97, for excessive overgrowth of grass and weeds. He stated the Board gave until November 6, 2015 to bring the property into compliance. He stated he has had no contact with the property owner as of November 30 , 2015 the property still remains in violation. 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. Mr. Taylor made a motion in reference to Case No. 84395 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #84522, Location of violation, 3515 Sloan Rd., Ft. Pierce, FL, Property Owner, Cian Murray. There was no one present to represent the property owner. Officer Matos submitted six (6) photos dated June 17, 2015. He stated this case was found in default at the October 7, 2015 Code Board Hearing for being in violation of Ordinance 13.08.01, Section 304, for exterior structure to repair the leaking roof, 13.08.01. Section 305, Interior Structure, to repair any areas of the ceiling damaged by the water leak from the roof, 13.08.01, Section 305, Interior Structure, to repair the gaps between the ceiling and the walls exposed to the attic, 13.08.00, Section 304.14, Insect Screens, to install screens on all windows, 13.08.01, Section 309, Pest Elimination, to exterminate the property, 13.08.01, Section 504, Plumbing System, to hire a licensed plumber to repair the septic system from backing up and properly cover the septic system. He stated the Board gave until November 6, 2015 to bring the property into compliance. He stated he has not had contact with the owner since before the original Code Board Hearing of October 7, 2015 and as of November 30, 2015 the property still remains in violation. There was discussion among the Board and staff regarding the violations on the property. Chairman Fogg asked the Board if they had any questions if not we are looking for a motion. Mr. Hofmann made a motion in reference to Case No. 84522 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 dete rmination: A fine of $250.00 per day shall be imposed for each day the violation exists starting November 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded. There was further discussion among the Board on the maximum fine to assess on this case. 13 Amended Motion Mr. Hofmann made a motion in reference to Case No. 84522 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 7, 2015 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried unanimously. Case #84336, Location of violation, 8002 Citrus Park Blvd., Ft. Pierce, FL, Property Owner, Alicia E. and Vincent Kruse. There was no one present to represent the property owner. Officer Swartzel submitted three (3) photos, one (1) dated June 2, 2015, one (1) dated September 28, 2015 and one (1) dated November 30, 2015. She stated 8002 Citrus Park Blvd. was brought to the October 7, 2015 Code Board and found in default of Section 38-97, Prohibited Acts, the overgrowth in the rear swale needs to be mowed and maintained to allow proper drainage of storm water. She stated the Board gave a compliance date of November 6, 2015. She noted she has had no contact with the property owner and as of December 1, 2015 this property still remains in violation. There was discussion among the Board and staff regarding the violation on the proper ty. Chairman Fogg asked the Board if they had any questions if not we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 84336 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case #84898, Location of violation, 8307 Winter Garden Pkwy., Ft. Pierce, FL, Property Owner, B and D Hutchinson Properties LLC. There was no one present to represent the property owner. Officer Swartzel submitted two (2) photos, one (1) dated September 2, 2015 and one (1) dated November 30, 2015. She stated 8307 Winter Garden Pkwy. was brought to the October 7, 2015 Code Board and found in default of Section 38-97, Prohibited Acts, the pepper trees are encroaching the neighbor’s property and need to be cut back and maintained. She stated the Board issued a compliance date of November 6, 2015. She stated she has had no contact with the property owners and as of December 1, 2015 this property still remains in violation. 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. Mr. Taylor made a motion in reference to Case No. 84898 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. 14 Case #84905, Location of violation, 7901 Fort Walton Ave., Ft. Pierce, FL, Property Owner, Robey T. Stanley Jr. and Julia G. Stanley. There was no one present to represent the property owner. Officer Swartzel submitted two (2) photos, one (1) dated August 3, 2015 and one (1) dated November 30, 2015. She stated 7901 Fort Walton Ave. was brought to the October 7, 2015 Code Board and found in default of Section 38-97, Prohibited Acts, the pepper trees are encroaching the neighbor’s property and need to be cut back and maintained. She stated the Board issued a compliance date of November 6, 2015. She noted she has had no contact with the property owner and as of December 1, 2015 the property still remains in violation. 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. Mr. Taylor made a motion in reference to Case No. 84905 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case #84707, Location of violation, 173 Imperial Way, Ft. Pierce, FL, Property Owner, Robert D. Osteen Jr. There was no one present to represent the property owner. Officer Swartzel submitted four (4) photos, one (1) dated July 8, 2015, one (1) dated October 5, 2015 and two (2) dated November 30, 2015. She stated 173 Imperial Way was brought to the October 6, 2015 Code Board and found in default of Section 38-97, Prohibited Acts, to mow and maintain the grass and weeds. She stated the Board gave a compliance date of November 6, 2015. She stated she has had no contact with the property owners and as of December 1, 2015 this property still remains in violation. 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. Mr. Taylor made a motion in reference to Case No. 84707 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, a nd 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Hofmann seconded and the motion carried unanimously. Case #84918, Location of violation, 5504 Deleon Ave., Ft. Pierce, FL, Property Owner, Texelcorp Inc. There was no one present to represent the property owner. Officer Swartzel submitted two (2) photos, one (1) dated August 3, 2015 and one (1) dated November 3, 2015. She stated 5505 Deleon Ave was brought to the October 7, 2015 Code Board and found in default of Section 38-97, Prohibited Acts, the pepper trees are encroaching the neighbor’s property and need to be cut back and maintained. She stated the Board gave a compliance date of November 6, 2015. She stated she has had no contact with the property owners and as of December 1, 2015 the property still remains in violation. There was discussion among the Board and staff regarding the violation on the property. 15 Chairman Fogg asked the Board if they had any questions if not we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 84918 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 7, 2015 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. X. REPEAT VIOLATION Case #86090, Location of violation, 2783 Harson Way, Ft. Pierce, FL, Property Owner, Tony Ruggiero. Tony Ruggiero was sworn in by the Board’s Secretary. Officer Swartzel submitted nine (9) aerial photos, one (1) dated March 29, 2012 and eight (8) dated November 12, 2015. She stated 2783 Harson Way was brought to the April 4, 2012 Code Board and found in violation of Section 3.01.03 (J), RS-4 Residential Single Family, to remove all the vehicles from the property for a storage yard is not permitted in RS-4 zoning. She stated the case was closed on May 18, 2012 when all the vehicles were removed from the property. She stated on November 12, 2015 after receiving multiple complaints she re-inspected the property and found the property to be in violation again of Section 3.01.03(J), RS-4 Residential Single Family, to remove all the vehicles from the property for a storage yard is not permitted in RS-4 zoning. She issued a notice of repeat violation for the December 2, 2015 Code Board. She stated on November 20, 2015 she and Officer Williams met with the property owner and discussed ways to bring the property into compliance. She stated as of December 2, 2015 the property still remains in violation. There was discussion among the Board, staff and Mr. Ruggiero regarding the repeat 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. 86090 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 $500.00 per day shall be imposed for each day the violation exists starting February 1, 2016 with a maximum fine not to exceed $5,000.00. Motion was amended to include: A cost of $200.00 shall be imposed as the cost for prosecuting this case. Mr. Currie seconded and the motion carried unanimously. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING XIII. OTHER BUSINESS: Staff presentation to the Board on code officer’s successful code cases. Lynn Swartzel – Case No. 85090 – 7807 Eden Rd Melissa Brubaker – Case No. 85840 - 5205 Palm Dr. Jose Matos – Case No. 85547 – 2906 Avenue R Bea Goycochea – Case No. 85619 -241 NE Mainsail St. XIV. STAFF BUSINESS: None. ADJOURN: There was no further business and the meeting was adjourned at 11:44 a.m.