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HomeMy WebLinkAboutFEBRUARY 3 2016 FINAL DRAFT1 FINAL DRAFT FEBRUARY 3, 2016 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 9:04 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 – DECEMBER 2, 2015 Mr. Taylor made a motion to accept the minutes of DECEMBER 2, 2015 as amended. 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 Environmental Resource Department Wetlands Specialist………………Jennifer McGee Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Jose Matos, Bea Goycochea, and Jennifer McGee, 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 – CitiFinancial Equity Services– Case No. 77871 Satisfaction of Fine and Release of Lien – David L. and Jennifer G. Helton– Case No. 73483 Satisfaction of Fine and Release of Lien – EMGI LLC– Case No. 69001 Satisfaction of Fine and Release of Lien – Sunshine State Acquisitions Inc. – Case No. 37142 Partial Release of Lien – Medfield Realty and Invest Cor. – Case No. 32498 Rescind of Finding of Facts, Conclusion of Law Order – Jessie O. Walker Jr. – Case No. 79293 Request for Fine Reduction Hearing ________________ Request for Fine Reduction Hearing – Michael W. Thomas – Case No. 78919 Request for Fine Reduction Hearing – Bank of America NA – Case No. 82317 Request for Fine Reduction Hearing – Linda G. Talley – Case No. 75646 Request for Fine Reduction Hearing – Gerald L. and Kimberly J. Kraaz – Case No. 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 85299 Lot on Diane Dr., Port St. Lucie Gerard QC Flores and MA Teresa Flores 86213 12744 Refuge Ln., Jensen Beach Barbara P. Johns 85105 8402 Paso Robles Blvd., Ft. Pierce Laureen M. Grimm and Ashley Grimm 85959 5287 Melissa Ln., Ft. Pierce John D. Austegen Jr. (EST) 85482 7505 Roberts Rd., Ft. Pierce Kathleen J. Bresnick (EST) 85662 3318 Orange Ave. (Project), Ft. Pierce Seminole Mobile Home Park LLC 85663 3318 Orange Ave. (Project), Ft. Pierce A+ Fence Company of the Treasure Coast 86447 Next to 7509 S Indian River Dr., Ft. Pierce Florida Power and Light Co. 86609 Next to 7509 S Indian River Dr., Ft. Pierce Florida Power and Light Co. 86622 Next to 7509 S Indian River Dr., Ft. Pierce Florida Power and Light Co. 86688 Next to 7509 S Indian River Dr., Ft. Pierce Florida Power and Light Co. Case No. 84525 was heard first on the agenda: 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. Officer Brubaker stated this case was continued from the December Code Board. She submitted ten (10) photos, three (3) dated June 10, 2015, three (3) dated November 17, 2015, and four (4) dated February 2, 2016. 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 a commercial zone, 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, staff met with Mr. Dickert the owner and discussed his violations and ways to correct them, at that time the owner was given an extension to remove the tires and the cargo containers. She stated Mr. Dickert has removed a large amount of tires and has a warehouse to store them in now, he also is in the process of selling two of the containers. She noted as of February 2, 2016 the property is still in violation. 3 There was discussion among the Board, staff and Mr. Dickert regarding the violations and how the owner is going to correct the violations on the property. 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 #84525 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 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 violati on is not abated by the given compliance date. Mrs. Monahan 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. Officer Brubaker stated this case was continued from the December Code Board. She submitted ten (10) photos, three (3) dated June 10, 2015, three (3) dated November 17, 2015, and four (4) dated February 2, 2016. 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 a commercial zone 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, staff met with the owner and discussed his violations and ways to correct them, at this time the owner was given an extension to remove the tires and the cargo containers. She stated Mr. Dickert has removed a large amount of tires and has a warehouse to store them in now, he also is in the process of selling two of the containers. She noted as of February 2, 2016 the property remains in violation. There was discussion among the Board, staff and Mr. Dickert regarding the violations and how the owner is going to correct the violations on the property. The Board told Mr. Dickert he needs to get this taken care of. Chairman Fogg asked the Board if they had any questions and if not we are looking fo r a motion. Mr. Currie made a motion in reference to Case #845 16 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 1, 2016, a fine of up to $250.00 per day may be imposed. A prosecution cost was waived 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. Mrs. Monahan seconded and the motion carried unanimously. Chairman Fogg informed Mr. Dickert you have been given until September 1st and stated it is unusual that the Board will go out this length of time period, especially since it goes way back to 2015, so do your due diligence and get this done because we hope you do not have to come back before again. Case #85829, Location of violation, 6102 Tangelo Dr., Ft. Pierce, FL, Property Owner, RHA 2 LLC. David Fernandez, representative for the property owner was sworn in by the Board’s Secretary. Officer Brubaker submitted eight (8) photos, three (3) dated October 27, 2015, one (1) dated December 8, 2015, two (2) dated January 25, 2016, and two (2) dated January 29, 2016. She stated during her first 4 inspection she found 6102 Tangelo Dr. in violation of Section 11.05.03, to obtain a permit and replace the failing culvert, Section 7.05.06 (A), to repair the driveway that is caving in, and Section 13.08.00, Article 704, to install smoke detectors in the home. She issued a letter and gave a compliance date of November 2, 2015. She stated she has had contact with the representative of the company and we discussed the violations and ways to correct them. She noted as of February 2, 2016 the property remains in violation. There was discussion among the Board, staff and David Fernandez 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. Hofmann made a motion in reference to Case #8 5829 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 April 8, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.0 0 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 a bated by the given compliance date. Mr. Taylor seconded and the motion carried unanimously. Case #86250, Location of violation, Silver Oak Rd. and Tilton Rd., Port St. Lucie, FL, Property Owner, FVP Miami Lakes LLC. Cynthia G. Angelos, Attorney for the property owner was present. Chairman Fogg informed Ms. Angelos that we will here from staff first. Officer Brubaker informed the Board that Ms. Angelos is actually here to ask for a continuance on the property. Ms. Angelos addressed the Board and stated after receiving the Notice of Violation and before the deadline for correcting the violation there had been an effort made for fencing entrances and the property owner thought that had been completed. She stated Ms. Barbieri was kind enough to communicate with me on this and Dyer Rd. which is apparently a private entrance was missed by the fencing company in that they thought it was not part of the property and failed to fence three (3) entrances on that roadway. She stated since sitting here this morning she has had the opportunity to speak with Deputy Pellegrini as well as a couple of the property owners and she now understands the significance of the problem out there. She stated apparently it has been going on for quite a long time. She stated she would ask for a continuance, she knows the Dyer Rd. entrances need to be fixed, but she has also been told about some other improvements that could be helpful. She stated she is going to share that with her clients as well and would ask for a continuance, that is the request today. Chairman Fogg stated before we grant a continuance on that he has to get some clarity here from staff and from our attorney here, if we do this continuance today at this time then everybody that is here to speak will have to come back at another time. He asked Mr. Krieger for some help. Mr. Krieger, Code Enforcement Board Attorney answered that is correct, she is asking for a continuance of the case in its entirety so you would not here any evidence. He stated let me poi nt out to the Board that frankly in the history of the Board, when council has been retained and has requested a continuance for the first time the case has appeared before the Board, the Board has granted a continuance. Chairman Fogg stated he is sure in many cases we have, but my concern is everybody that is here. Mr. Currie asked the audience how many people are here to discuss this project (there were at least five (5) hands raised). 5 Chairman Fogg deferred to Mr. Krieger. Mr. Krieger stated the request is for a continuance of the case and council has asked for an opportunity to investigate further so that could defend its self for any accusations that might be made here this morning. He stated you can certainly go forward and hear testimony if you wa nt and deny the request. He stated he supposes if you hear some of that you can continue the case to a later date to take additional testimony. He stated his advice to the Board would be to not rule on the case today. Chairman Fogg stated he understands that but looking out here at all these people professional and otherwise, this is an unusual case to come before us. Mr. Currie stated he was going to make a motion, but he guesses the Board wants to discuss it a little bit more. Mr. Murdock stated he hears Ms. Angelos explaining things they are going to correct things and are in the process of correcting it, is that what he is understanding. Ms. Angelos answered that is what we are doing yes. Mr. Murdock stated if they are correcting it and are in the process of correcting why do we not go ahead and hear it and give them however much time they need to make the correction. Mrs. Monahan stated she does not even know what the case is and what we are talking about here. Mr. Campion stated it seems to me Mr. Chairman there is more behind the code violation that we are reading that is before us and unfortunately folks what we have to deal with is what is before us. He stated what is before us is a violation regarding fenci ng on a property where the property owners retained council to come here and ask for a continuance to finish up whatever violation or to abate any violation that the County has with them. He stated he is guessing that everybody is not here to talk about fencing and that is fine but we need to go ahead and either make a motion to continue this and give them the time they need to resolve the violation or not. Mr. Krieger stated Mr. Chairman you do have a request for a continuance, you could ask staff its position on the request for a continuance and you could ask for comments on whether or not a continuance should be granted. He stated that is what is before the Board right this second and you really need to decide. Mr. Taylor made a motion in reference to Case No. 86250 that the Code Enforcement Board not continue this case. Mrs. Monahan seconded and the motion carried. Chairman Fogg addressed the audience and asked to please understand the reason he is doing this is trying to be fair to everyone that is here. He stated we will probably not rule on this today, but it will give the people here an opportunity to speak, those that want to, we have law enforcement here as well. Officer Brubaker submitted sixteen (16) photos, nine (9) dated December 10, 2015 taken by Officer Matos from the helicopter, one (1) photo dated January 12, 2016, and six (6) photos dated February 1, 2016. She stated she is also submitting an aerial map with the access points on them. She stated after receiving complaints from the neighborhood she found Silver Oak and Tilton Rd. in violation of Section 6.02.04, Regulation of Motorized Vehicles in Environmentally Sensitive Area, no off road vehicles shall be permitted within wetlands protected by the Land Development Code, Section 7.01.02, Authorized Uses, no off road vehicles are permitted in this planned unit development, Section 6.02.03, Wetlands Protection, no off road vehicles shall be permitted within wetlands protected by the Land Development Code, Section 11.01.04, Post Development Order Changes, off road vehicle activity has deviated from the development order. She issued a letter and gave a compliance date of December 11, 2015. She stated staff has had contact with the representative of the property. She stated there are a total of ten (10) access points on the property. She 6 stated the owner and the Sheriff’s Department have posted no trespassing signs and the owner has some large wooden posts on four of the access points, so the vehicles cannot get through. She stated there are still six (6) access points on Dyer Rd. that are open. She noted as of February 2, 2016 the property is still in violation. Mr. Krieger addressed Chairman Fogg and stated he would afford the alleged violator now to respond and then take comments. Ms. Angelos addressed the Board and stated the situation out there is her clients own this property, they are very, very concerned and sensitive about the situation out there. She stated apparently perhaps out of county folks or individuals that live in the county are trespassing on their property with four wheelers. She stated it causes a very serious potential liability for them and she knows it is causing the neighbors great problems. She stated we are aware of it, she is now involved, she is local, she knows law enforcement, she has worked with them for many years in different capacities and they are very serious about correcting the problems. She stated this fencing with regard to the access will be taken care of immediately, she is certain of that, whether or not that is going to be sufficient to keep these folks from trespassing on their property that remains to be seen, as she said she has had a few discussions this morning and she is going to actually recommend they do a few other things. She stated she knows law enforcement has been out there a number of times and the goal and the hope is that between the additional fencing and law enforcement mayb e making some arrests and confiscating some vehicles it will remedy the problem for both my clients as well as the property owners Sgt. Frank Pellegrini and Detective Pat Ivey, of the St. Lucie County Sheriff’s Department were sworn in by the Board’s Secretary. Sgt. Pellegrini and Detective Ivey submitted into evidence copies of all the numerous complaints received through 911 on this property from 2015 and 2016. Sgt. Pellegrini stated the property owners did attempt to make an effort to go out there and what they did was put posts and wrapped ba rb wire around the posts which is not going to stop anybody, we have found them cut already. He stated we have put up official signs from the Sheriff’s Office on poles advising the wetlands and it seems to have slowed down a little bit, but we are still getting complaints out there. He stated we sent the helicopter up to check out the area, we have done a lot to try and curb this problem, but is not only the Dyer Rd. exits or entrances that are in question because they forgot to fence that area . He stated the fencing they put up is inadequate and they need to do something else. Mr. Hofmann asked Sgt. Pellegrini and Detective Ivey how many arrests have been made in all those calls you have received. Sgt. Pellegrini stated it is not only ATV four wheelers that are going back there, there is monster trucks going back there. He stated you cannot get a patrol car back there and now a days everyone has scanners, but they are not only four wheeling back there, they are hunting, they are shooting, they are camp ing, there is bonfires, there are things going on back there that we just cannot get too. He stated we have been patrolling out there a lot more and the residents will tell you that, but with technology they know when we are coming. He stated we have found trails from Indian River Estates where they are going in there. He stated the people going out there are from out of town and local, it has been posted on Facebook about the Dyer Rd. mud pit. Mr. Hofmann stated so no arrests have been made. Sgt. Pellegrini stated no not to my knowledge. Mr. Murdock asked Sgt. Pellegrini what his thoughts would be for a solution. Sgt. Pellegrini answered that is a good question. He stated as he told Judge Angelos if you want to talk felonies and misdemeanors he could help you, but construction and stuff like that he does not know. He stated maybe if they took at all the entrances and there is a lot of scrub brush there that would be hard to get through, but if you possibly put a gated chain link fence and extended it maybe twenty (20) or thirty (30) feet into that scrub brush, they would have to make another entrance and that might deter them a little more with the signs. 7 Detective Ivey addressed the Board and stated here is what we are dealing with, this property is approximately one hundred and forty six (146) acres of uncultivated land. He stated it is palmetto ridges, it is pine trees, scrub oaks, and the only way to secure the place would be to fence and gate the place at the main entrances and post it. He stated if you just try to fence off where the entrances areas are now they just cut another place through a ditch and there is no way to secure it. He stated it is woodlands, wetlands, and mud holes, this is what we are dealing with. He stated the neighbors are having trouble with people coming up and down the paved roads also drag racing and running the area, but the problem they are having on the one hundred and forty six (146) acres of property is mud trucks, ATV’s, and motorcycles. He stated some of the m are from the immediate area, some are from the north in Indian River Estates, and it is like a free for all down there . He stated they have been doing this for fifteen or twenty years. He stated there have been people arrested there for trespassing on the property. He stated if its uncultivated land and it is wooded land you need to have no trespassing signs, have it fenced and it need to be gated to where people know if they go across onto that property they are trespassing. Chairman Fogg now at this time is there anybody else, he knows there are a lot of out there and he does not know it we can hear from everybody. Katherine Barbieri, Assistant County Attorney, stated Mr. Chairman she does not know if the property owners’ attorney had any questions for them before we move forward. Chairman Fogg asked Ms. Angelos if she had any questions of law enforcement. Ms. Angelos answered in the negative. Officer Williams informed the Board that ERD is here also to speak about the wetlands issue. Katherine Barbieri, Assistant County Attorney, stated she would like ERD to give their expert opinion. George Stonebraker, citizen of the neighborhood was sworn in by the Board’s Secretary. Mr. Stonebraker, 1225 Tilton Rd., addressed the Board and stated this has been an ongoing problem, he has tried for a long time to do something about it. He stated in defense of Miami Lakes the sheriff’s department at one time requested he send them a letter to have them post the place so they could legally arre st these trespassers and Miami Lakes did. He stated what happened is these people who could care less about other people’s property or anything else torn them down. He stated one of the deputies came to his place and he loaned him post hole diggers because he found one of the signs in the ditch and he put it back up and put police tape across the driveway. He stated in one (1) week it was gone, just like when Detective Ivey put stuff up it is gone they run right through it. He stated this are off road t rucks, a lot of them are street legal trucks, less than a month ago they hauled one (1) in there on a trailer, he went down there and they were loading it back up because the deputies had got on them to get them out of there because somebody had called about the noise, it is terrible. He stated they run them without mufflers just like the ATV’s and believe me they are not just coming from our area, or Indian River Estates, they are coming from Indian River County, Okeechobee County and Martin County. He stated his wife worked in the jail in Martin County and some of the deputies from there were going out there. He stated they are also going across the road into the wetlands. He stated you asked about injuries, there was a man with his son that was thrown through the windshield of the truck and someone called the Fire Department because he was injured but someone loaded him up in a pickup and hauled him away because they did not want to get in trouble he guesses. He stated one of the problems the deputies told him is the people who own the land will not prosecute , if they prosecuted them it would cure it. He stated someone pushed over the community bulletin board they have, which had to be put back up, which shows you how much disregard they have for othe r people’s property. Chairman Fogg asked Ms. Angelos if she had any questions of Mr. Stonebraker. Ms. Angelos answered in the negative. 8 Katherine Barbieri, Assistant County Attorney asked the representative from the Environmental Resources Department who had been sworn in at the beginning of the meeting with staff to state her name, where she is employed, in what position, if she had any special knowledge about wetlands, if she familiar with this property, and what is her professional opinion about this property and whether these are wetlands. She answered Jennifer McGee, St. Lucie County, Senior Environmental Planner, she is a professional Wetlands Finder. She stated she is familiar with this property and in her professional opinion there are wetlands on site. She stated South Florida Water Management did a wetland restriction and issued a permit on this property for 44.29 acres of wetland s, she stated that permit has since expired, however based on the aerial photography and the pictures provided by the fly over it appears that there is impacts to wetlands on this property. Katherine Barbieri, Assistant County Attorney, stated she does not have any further questions of Jennifer McGee. Chairman Fogg asked if there were any other questions from the Board members. Ms. Angelos addressed Jennifer McGee and stated at one point one of the Commissioners was trying to get this property on the list for environmentally sensitive lands for acquisition by the County and asked her if she knows if the property is still on that list. Jennifer McGee answered to her knowledge it is not, but she could double check on that. Sgt. Pellegrini addressed the Board and stated he would like to make a correction, he requested a letter from FVP Miami Lakes LLC and they did send him a letter for no trespassing signs and also that they would prosecute. Chairman Fogg asked staff if they had anyone else that we need to bring forward. Katherine Barbieri, Assistant County Attorney answered no sir. Chairman Fogg asked are we missing anybody out there that wants to say something. Mrs. Bessemer, 1103 Tilton Rd., citizen of the neighborhood was sworn in by the Board’s Secretary. Mrs. Bessemer addressed the Board and stated it a complicated problem, there are the trucks and the four wheelers, but also garbage thrown all over, it has brought people in who are racing, and the retention ponds at the other end are attracting people who are really questionable. She stated they are driving up over the new sidewalks and all around the ponds, they throw liquor bottles all over and break them all the way up the road. She stated since Prima Vista opened up the road is when all the trouble started before that it really was not as bad, but now people have discovered St. Lucie Gardens is back there and it is a place where they can come and get away with murder and do whatever they want. She stated people are shooting guns, hunting, they have tree stands facing our houses. She stated it is not just this property it is the retention ponds and church property too. She stated they catch birds, turtles not just fish and a lot of the species there are protected. She stated it has become a free for all, they run the stop signs, if you come to the four way stop you take your life in your hands because no one stops and she has pictures of how many times people ran the stop signs. She submitted the photos she had for evidence. Chairman Fogg stated this stop sign is not on this property and info rmed her she could handle that with law enforcement. There was further discussion among the Board and Mrs. Bessemer on the problems in the area. Jack Krieger asked Chairman Fogg to allow Ms. Angelos to look at any evidence that was submitted and to cross examine if she so desires. 9 Cynthia G. Angelos addressed the Board and stated there were some photos that were asked to be introduced by the last speaker and she would ask that they be introduced and be shown to the Board , because while we are here on this property these photos are of problems not on this property, just so the Board can realize that. She stated she is going to encourage her folks to take responsibility, but it is not only about this property. Mrs. Monahan asked Mrs. Bessemer if these pictures are abutting the Miami Lakes LLC property. Mrs. Bessemer stated the last couple of ones showing entrances into the woods are, the ones with the big ruts are, and there are other ones that are by the property and were taken recently. Chairman Fogg asked Ms. Angelos if there is anything else. Ms. Angelos stated again if it is in order she would renew her request for a continuance, she would like to talk to her clients and tell them the recommendations there were made today. She stated this will be the first they have heard of the complete fencing and she can assure the Board that is what she will do and will get with staff on that particular issue. She stated she does think that this is certainly their problem but it is also a county problem, so however we can work with law enforcement and this Board on that, they have me now locally and she can assure you she will do that. Katherine Barbieri, Assistant County Attorney addressed the Board and stated staff is not going to oppose a continuance at this point, we are appreciative that everyone has had a chance to voice their opinion today, but she thinks the property owner needs a chance to bring some of their people if it does not get resolved. Chairman Fogg so staff is more or less leaning towards a continuance. Katherine Barbieri, Assistant County Attorney stated we are not objecting to one so there are no due process issues if we end up having to go all the way with this. Mr. Currie made a motion in reference to Case No. 86250 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on March 2, 2016. Mr. Hofmann seconded and the motion carried. Case #84521, Location of violation, Tampa Trail – San Lucie Plaza, Ft. Pierce, FL, Property Owner, Cira Estevez. Tatiana Estevez, daughter of the property owner was sworn in by the Board’s Secretary. Officer Swartzel submitted twelve (12) photos, eleven (11) dated July 22, 2015 and one (1) dated February 2, 2016. She stated during her first inspection on June 11, 2015, she found Shawnee Ave. / Tampa Trail to be in violation of Section 38-26, Outside Storage, to remove items such as storage containers, trucks parts, barrels, etc. as they are not permitted, and Section 38-26 Unserviceable Vehicles, to repair or remove any unserviceable vehicles from the property. She issued a letter and gave a compliance date of June 25, 2015. She stated she and Danielle Williams met with the daughter of the property owner on the property and in the office and discussed ways to bring the property into compliance. She stated we have given several extensions. She stated on December 14, 2015, she issued a Notice to Appear to the February 3rd Code Board and as of February 2nd, this property still remains in violation. There was discussion among the Board, staff and Tatiana Estevez 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 lookin g for a motion. Mr. Hofmann made a motion in reference to Case #84521 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 June 10, 2016, a fine of up to $250.00 10 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 violati on is not abated by the given compliance date. Mr. Taylor seconded and the motion carried unanimously. Case #84523, Location of violation, Shawnee Ave. – San Lucie Plaza, Ft. Pierce, FL, Property Owner, Cira Estevez. Tatiana Estevez, daughter of the property owner was sworn in by the Board’s Secretary. Officer Swartzel submitted twelve (12) photos, eleven (11) dated July 22, 2015 and one (1) dated February 2, 2016. She stated during her first inspection on June 11, 2015, she found Shawnee Ave. / Tampa Trail to be in violation of Section 38-26, Outside Storage, to remove items such as storage containers, trucks parts, barrels, etc. as they are not permitted, and Section 38-26 Unserviceable Vehicles, to repair or remove any unserviceable vehicles from the property. She issued a letter and gave a compliance date of June 25, 2015. She stated she and Danielle Williams met with the daughter of the property owner on the property and in the office and discussed ways to bring the property into compliance. She stated we have given several extensions. She stated on December 14, 2015, she issued a Notice to Appear to the February 3rd Code Board and as of February 2nd, this property still remains in violation. There was discussion among the Board, staff and Tatiana Estevez 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. Hofmann made a motion in reference to Case #84523 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 June 10, 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 p rosecuting 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 #84578, Location of violation, 676 Silverstream Cir., Lot 14, Ft. Pierce, FL, Property Owner, Ridgecrest Mobile Home Park. Rene Scott, representative for the property owner was sworn in by th e Board’s Secretary. Officer Swartzel submitted eight (8) photos dated July 1, 2015. She stated during her first inspection she found 676 Silverstream Cir., Lot 14, to be in violation of 13.08.01, Adopting Standard Housing Code, Section 305, Interior Structure, the interior ceiling and walls must be in good repair, structurally sound, and in sanitary condition, Section 13.08.01, Adopting Standard Housing Code, Section 304, Exterior Structure, the roof must be structurally sound and in good repair, Section 13.09.01, Interior Property Maintenance, Section 303.2, Protective Treatment, the roof on the structure needs to be repaired, 13.08.01, Adopting Standard Housing Code, Section 704, Fire Protection Systems, the smoke detectors are missing, please replace them in accordance to the Fire Code, and Section 13.08.01, Adopting Standard Housing Code, Plumbing Systems and Fixtures, all plumbing fixtures must be properly installed and maintained in working conditions . She issued a letter and gave a compliance date of July 16, 2015. She stated she has had contact with the property owners and discussed ways to bring the property into compliance. She noted when she posted the property the manager told me they have the unit re-rented and would have to make arrangements for me to do a walk through. She stated as of February 2, 2016, this property still remains in violation. 11 There was discussion among the Board, staff and Rene Scott 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 #84578 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 tha t 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 4, 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 viola tion is not abated by the given compliance date. Mr. Taylor seconded and the motion carried unanimously. Case #85122, Location of violation, 760 Silverstream Cir., Ft. Pierce, FL, Property Owner, Ridgecrest Mobile Home Park. Rene Scott, representative for the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted two (2) pictures, one (1) dated August 24, 2015 and one (1) dated January 21, 2016. She stated on August 24, 2015, a Notice of Violation was sent to Ridgecrest Mobile Home Park the owners listed for 760 Silverstream Cir. to please obtain a permit for the mobile home with a correction date of September 18, 2015. She stated on December 4, 2015 a Notice to Appear was sent. She stated as of February 2, 2016, the property remains in violation as the mobile home is still there without the proper permit. She stated this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits. She noted the property does have a demolition permit to remove the mobile home. There was discussion among the Board, staff and Rene Scott 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. Mrs. Monahan made a motion in reference to Case #85122 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 March 4, 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 Hearin g will be held if the violation is not abated by the given compliance date. Mr. Campion seconded and the motion carried unanimously. Case #82200, Location of violation, 21 Camino Del Rio, Port St. Lucie, FL, Property Owner, Nelson and Judith Cross. Judith Cross, the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted two (2) pictures, one (1) dated September 18, 2014 and one (1) dated January 21, 2016. She stated on October 21, 2014 a Notice of Violation was sent to Nelson and Judith Cross, the owners listed for 21 Camino Del Rio, to please obtain a permit for the wood steps and ramp with a correction date of November 7, 2014. She stated staff has had communication from the owner. She stated on October 29, 2014, the Supervisor Danielle Williams granted an extension until April 7, 2015 due to medical reasons. She stated on December 8, 2015, the Notice to Appear was sent and as of February 2, 2016 the property remains in violation as the wood ramp remains on the prop erty without the proper permit. She stated this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits. She 12 noted the wood steps has been abated from the violation. She stated the owner has requested to continue the case to the next board meeting as she is having someone remove the wood ramp from the property by the end of the week. There was discussion among the Board, staff and Judith Cross regarding the violation and the reason the violation 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 #82200 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 w e 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 April 1, 2016, a fine of up to $250.00 per day may be imposed. A prosecution cost was not 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 and the motion carried unanimously. Case #84650, Location of violation, 12675 S. Indian River Dr., Jensen Beach, FL, Property Owner, Matthew J. Lewis. Matthew J. Lewis, the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted three (3) pictures, one (1) dated July 2, 2015 and two (2) dated August 26, 2015. She stated on August 14, 2015 a Notice of Violation was sent to Matthew J. Lewis, the owner listed for 12675 S Indian River Dr. to please obtain a permit for renovation being done to include new windows, etc. with a correction date of September 4, 2015. She stated on August 19, 2015 a permit for the windows and doors was issued. She noted staff has had communication with the owner and it was explained to him what is needed to obtain the permit to cover the work done on the porch (beams and posts on the south side of the home and for the stucco lath). She stated on December 8, 2015 the Notice to Appear was sent and on January 28, 2016 the permit for the renovation was applied for. She stated as of February 2, 2016 the property remains in violation as the renovation work does not have a permit issued , this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits. She stated the owner is here to request for more time to allow for the permit to get issued. There was discussion among the Board, staff and Mr. Lewis 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. Campion made a motion in reference to Case #84650 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 April 1, 2016, a fine of up to $250.00 per day may be imposed. A prosecution cost was not 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. Murdock seconded and 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: 13 Case No. Location of Violation Property Owner/Contractor/Violator______ 85548 3201 S 21st St., Ft. Pierce Mark Groothouse 85531 208 Olive Ave., Port St. Lucie US Bank Home Mortgage 86174 7912 Horned Lark Cir., Port St. Lucie Secretary of Housing & Urban Dev. 85246 8495 Lavender Ct., Port St. Lucie Rescap Securities Holdings Co. 85532 701 Hidden River Dr., Port St. Lucie John Hogan 85646 150 SE Castana Ct., Port St. Lucie Diane Isidro 86019 221 SE Camino St., Port St. Lucie Frank D. Acquaro 85787 200 NE Lobster Rd., Port St. Lucie Jill Bailey 85905 190 SE Serenata Ct., Port St. Lucie Steve Gilliespe and Elaine Kuczynski 85620 509 SE Sandia Dr., Port St. Lucie Jaipaigas Singh 85937 7701 Westmont Dr., Ft. Pierce Edgar Montes-Vazquez/Yenny C. Cortez-Atuesta 85972 4591 N US Hwy. 1, Ft. Pierce Plainsman Investments LLC 86158 2406 San Diego Ave., Ft. Pierce William E. Love 86421 210 Essex Dr., Ft. Pierce Bertha McDonald 86061 Next to 3709 Avenue O, Ft. Pierce Torrin Walker and Sharhonda Briggs 86168 Next to 2406 San Diego Ave., Ft. Pierce Fernando Munoz/Disgladys Munoz/Alfred Lariviere 85046 5105 Deer Run Dr., Ft. Pierce PNC Bank NA 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. Campion seconded and the motion carried unanimously. IX. FINE HEARING: 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 four (4) pictures, one (1) dated March 18, 2015, one (1) dated August 3, 2015, one (1) dated June 2011 from Google Earth, and one (1) dated February 2, 2016. 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. She stated at the December 2, 2015 Fine Hearing, the Contractor Mr. Waldrop was present and addressed the Board, the Board continued the case to February 3, 2016 She stated as of December 2, 2015, the building permit was 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 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 15, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. 14 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. Officer Williams submitted two (2) photos, one (1) dated August 3, 2015, and one (1) dated January 28, 2016, She stated this case was found originally 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. She stated the Board gave until December 1, 2015 to come into compliance. She stated she had spoken to the contractor and he was present and asked the Board for more time. The Board granted a continuation to the February 3, 2016 Fine Hearing. She stated since then she has had no contact with the contractor or owner of the property and as of January 28 , 2016 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. 83869 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 15, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and 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 re-submitted five (5) pictures, three (3) dated January 22, 2009 and two (2) dated February 19, 2015. She stated this case was brought before the Code Enforcement Board on November 4, 2015 for being in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits, for not having a permit for the renovation to include the roof, door, windows , electrical, etc. the owner was present and the board gave until January 5, 2016 to bring the property into compliance. She stated the property has one permit issued for the wi ndow and doors. She stated as of February 2, 2016 the property remains without a building permit for the renovation, the electrical work, and the roof. She stated on February 19, 2015, a Notice of Violation was sent to Jamie M. and Yolanda M. 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, that meeting was cancelled, so staff scheduled this case to the August meeting. She stated the property was posted on July 24, 2015. She stated on August 4, 2015, the property owner Mr. McNair came in and met with staff and we explained this was an old case and the previous owners did not obtain the permits required. She noted this property was in foreclosure and when the new owners name appeared on the property appraiser ’s we had to cite them 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 violatio n of St. Lucie County Land Development Code, Section 11.05.01, Building and Sign Permits. 15 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. Mr. Taylor made a motion in reference to Case No. 83214 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 April 15, 2016 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case # 84908, Location of violation, 803 El Nueva Ave., Ft. Pierce, FL, Property Owner, Abraham Hutchinson. There was no one present to represent the property owner. Officer Vargas Barrios submitted ten (10) pictures, one (1) dated July 15, 2011 taken by Danielle Williams, seven (7) dated July 30, 2015, and two (2) dated November 20, 2015 taken by her, she also submitted a copy of the Property Appraisers picture dated August 15, 2011. She stated this case was brought before the Code Enforcement Board on December 2, 2015 and was found in violation by default of St. Lucie County Land Development Code, 11.05.01, Building Permits, and 11.05.01 A (2) a, Time Limitation of Building Permits. She stated the Board gave until January 8, 2016 to bring the property into compliance. She stated on July 30, 2015 she went to the property and issued a Stop Work Order for the work being done without having a permit and a Notice of Violation was sent to Abraham Hutchinson, the property owner for 5003 El Nueva Ave., to please obtain a permit for all the renovation s being done to the property to include a/c, electric, plumbing, the room and porch addition, etc. and also to obtain a permit for the shed/structure or to remove it. She stated the notice also included to please reactivate Permit 1407-0077, for the roof as the permit has expired. She stated the notice had a correction date of August 14, 2015. She stated staff has had some communication from the representative for the owner. She stated on July 31, 2015, a permit to replace two (2) doors and three (3) windows was issued, but no other permits have been applied for. She stated staff has had no other communication from the owner or the representative. She stated on October 19, 2015, a Notice to Appear was sent and on November 20, 2015 the property was posted. She noted as of February 2, 2016 the property remains in violation. There was discussion among the Board and staff regarding the violations on the property. Mr. Currie made a motion in reference to Case No. 84908 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 January 9, 2016 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case # 85013, Location of violation, 381 Silverstream Cir., Ft. Pierce, FL, Property Owner, Ridgecrest Mobile Home Park. Rene Scott, representative for the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted three (3) pictures, one (1) dated August 18, 2015, one (1) dated November 5, 2015, and one (1) date January 21, 2016. She stated this case was brought before the Code Enforcement Board on December 2, 2015 and was found in violation by default of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits, for not having a permit for the mobile home. She stated the Board gave a correction date of January 8, 2016 to obtain a permit for the mobile home. She stated the permit was applied for on September 21, 2015, but did not get issued until February 2, 2016. She stated the case is now closed but was in violation for twenty-five (25) days. She noted the property representative is here to address the board. 16 There was discussion among the Board, staff and Rene Scott regarding the violation and the reason the owner has not corrected the violation on the property. Mr. Currie made a motion in reference to Case No. 84908 that the Code Enforcement Board makes 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 violation has been abated and no fine is imposed. Mrs. Monahan seconded and the motion carried unanimously. Case # 84892, Location of violation, 5008 Hickory Dr., Ft. Pierce, FL, Property Owner, Judith E. Grigg. Michael DiFrancesco, contractor for the property owner was sworn in by the Board’s Se cretary. Officer Vargas Barrios submitted two (2) pictures, one (1) dated August 3, 2015, and one (1) dated November 23, 2015. She stated this case was brought before the Code Enforcement Board on December 2, 2015 and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits, for not having a permit for the shed. She stated the Board gave a correction date of January 8, 2016 to obtain the permit for the shed. She stated on December 23, 2015, the permit for the shed was applied for but is not issued yet as there are review comments that need to be addressed. She noted the contractor is here to address the board. There was discussion among the Board, staff and Michael DiFrancesco 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 moti on. Mr. Taylor made a motion in reference to Case No. 84892 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 May 15, 201 6 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #85915, Location of violation, 208 Rouse Rd., Ft. Pierce, FL, Tenant, Mark Norton. The tenant Mark Norton or a representative for him was not present. Officer Williams submitted fifteen (15) photos, ten (10) dated September 11, 2015 taken by herself and five (5) dated December 1, 2015 taken by Officer Matos. She stated this case was continued from the October 7, 2015 Code Board Hearing to be brought to the December 2, 2015 Code Board Hearing. She stated on August 8, 2015 she 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. She stated she has spoken to the tenant Mr. Mark Norton and he applied for the Zoning Compliance on November 11, 2015 , but it is still pending. She stated Mr. Norton is not here today but he would like more time of 60 days so he can bring the property into compliance. She noted Mr. Norton has removed 2500 pallets, a boat and is trying to find a vendor to take the broken pallets to use as mulch. She stated as of December 1, 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. Currie made a motion in reference to Case No. 85915 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 17 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 16, 2016 with a maximum fine not to exceed $10,000.00. Mr. Campion seconded and the motion carried unanimously. Case # 85099, 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. Officer Swartzel submitted sixteen (16) photos, two (2) dated August 19, 2015, two (2) dated November 2, 2015, three (3) dated December 7, 2015, one (1) dated January 21, 2016, and (8) eight dated February 2, 2016. She stated 3214 Angle Road was brought to the December 4, 2015 Code Board and found in violation of Section 38-97, Overgrowth of Grass and Weeds, to mow and maintain the entire property, and Section 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, the fence and gates on the property are damaged and missing sections, please repair and replace the missing sections and secure the fence. She stated the Board gave a compliance date of December 4, 2015. She stated Danielle Williams and her have had contact with the property owners and discussed ways t o bring the property into compliance. She stated as of February 2, 2016 the property still remains in violation. There was discussion among the Board, staff and Brian Taylor 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. Hofmann made a motion in reference to Case No. 85099 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting February 19, 2016 with a maximum fine not to exceed $5,000.00. Mr. Murdock seconded and the motion carried unanimously. Case # 85474, Location of violation, 8704 Brookline Ave., Ft. Pierce, FL, Property Owner, Chad W. Hemminger. There was no one present to represent the property owner. Officer Swartzel submitted four photos, one (1) dated October 28, 2015, one (1) dated November 20, 2015, one (1) dated January 29, 2016, and one (1) dated February 1, 2016. She stated 8704 Brookline Ave. was brought to the December 2, 2015 Code Board and found in default of section 38-26, Outside Storage. She stated the Board gave a compliance date of January 8, 2016. She stated she has had contact with the father of the property owner and discussed ways to clean up the property. She stated as of February 2, 2016 the property still remains in violation. There was discussion among the Board, and staff regarding the violation. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Taylor made a motion in reference to Case No. 85474 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 January 9, 2016 with a maximum fine not to exceed $5,000.00. Mr. Currie seconded and the motion carried unanimously. 18 Case # 83895, Location of violation, 2910 Iroquois Ave., Ft. Pierce, FL, Property Owner, Thomas R. Cuker. There was no one present to represent the property owner. Officer Swartzel submitted eight (8) photos, one (1) dated April 16, 2015, two (2) dated October 26, 2015, one (1) dated November 2, 2015 and four (4) dated February 1, 2016. She stated 2910 Iroquois Ave. was brought to the November 4, 2015 Code Board and found in default of Section 38-26, Unserviceable Vehicles, to repair or remove any unserviceable vehicles from the property, and Section 38-26, Outside Storage, outside storage of items and materials are not permitted and to please remove the items from the property. She stated the Board gave a compliance date of December 4, 2015 . She stated she has had contact with the property owner and discussed ways to bring the property into compliance. She stated as of February 2, 2016 this property still remains in violation. There was discussion among the Board, and staff regarding the violation. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. Mr. Campion made a motion in reference to Case No. 83895 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 violat ion, 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 5, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case # 85389, Location of violation, 5304 Deleon Ave., Ft. Pierce, FL, Property Owner, William A. Tucker. There was no one present to represent the property owner. Officer Swartzel submitted three photos, one (1) dated September 15, 2015, one (1) dated January 28, 2016, and one (1) dated February 1, 2016. She stated 5304 Deleon Ave. was brought to the December 2nd Code Board and found in default of 8.00.03 (F), Particular Permitted Accessory Structures, the camper must be on a paved surface to be parked in the front yard and must be five feet from the property line . She stated the Board gave a compliance date of January 8, 2016. She stated she has had no contact with the property owner and as of February 1, 2016 the property is in compliance. She noted this property was in violation for twenty- three (23) days. There was discussion among the Board, and staff regarding the viola tion. 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 No. 84908 that the Code Enforcement Board makes 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 violation has been abated and no fine is imposed. Mr. Currie seconded and the motion carried unanimously. Case # 85508, Location of violation, 6708 Pensacola Rd., Ft. Pierce, FL, Property Owner, Lak Kalra. There was no one present to represent the property owner. Officer Swartzel submitted eleven (11) pictures all dated September 30, 2015. She stated 6708 Pensacola Rd. was brought to the December 2, 2015 Code Board and found in default of Section 13.08.01, Adopting Standard Housing Code, Section 504, Plumbing Systems and Fixtures, all plumbing fixtures must be properly installed and maintained in working conditions, 13.08.01, Adopting Standard Housing Code, Section 604.3, Electrical System Hazards, the electrical system such as the faulty electrical outlets and lighting fixtures are unsafe, 13.08.01, Adopting Standard Housing Code, Section 304.13, Window, Skylight and Door Frames, 19 every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight, 13.08.01, Adopting Standard Housing Code, Section 304.13.2, Openable Windows, every window, other than fixed windows, shall be easily openable and capable of being held in position by window hardware, 13.08.01, Adopting Standard Housing Code, Section 305, Interior Structure, the interior of the structure shall be maintained in good repair, structurally sound, and in sanitary condition, please clean the mold and mildew from the walls and repair all holes. She stated the Board gave a compliance date of January 8, 2016. She stated she has not had contact with the property owner and as of February 2, 2016 the property still remains in violation. There was discussion among the Board, and staff regarding the violations. Mr. Currie made a motion in reference to Case No. 85508 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 January 9, 2016 with a maximum fine not to exceed $10,000.00. Mr. Campion seconded and the motion carried unanimously. Case # 85106, Location of violation, 301 Bartow St., Ft. Pierce, FL, Property Owner, Zachary Taylor. Elizabeth Larrinaga, representative for the property owner was sworn in by the Board’s Secretary. Officer Brubaker stated this case was found in default at the November 2015 Code Board for Section 38-97, Overgrowth, and Section 38-26, Outside Storage. She stated the Board gave until December 4, 2016 to come into compliance. She submitted six (6) photos, two (2) dated August 31, 2015, two (2) dated November 2, 2015, one (1) dated December 14, 2015 and one (1) dated February 1, 2016. She stated she has had no contact with the owner and as of February 2, 2016 the property remains in violation. There was discussion among the Board, staff and Elizabeth Larrinaga 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. Campion made a motion in reference to Case No. 85106 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 Decemb er 5, 2015 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case # 85528, Location of violation, 10331 Lennard Rd., Port St. Lucie, FL, Property Owner, Hutton Team LLC. There was no one present to represent the property owner. Officer Brubaker stated this case was found in default at the December 2015 Code B oard for Section 38-97, Overgrowth. She stated the Board gave until January 8, 2016 to come into compliance. She submitted five (5) photos, two (2) dated September 30, 2015, one (1) dated December 1, 2015, one (1) dated January 13, 2016, and one (1) dated February 1, 2016. She stated she has had no contact with the owner and as of February 2, 2016, the property remains in violation. There was discussion among the Board, and staff regarding the violation. Chairman Fogg asked the Board if they had any questions and if not we are looking for a motion. 20 Mr. Taylor made a motion in reference to Case No. 85528 that the Code Enforcement B oard 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 January 9, 2016 with a maximum fine not to exceed $10,000.00. Mr. Murdock 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. 38998, Location of violation, 7502 Citrus Park Blvd., Ft. Pierce, FL, Property Owner, Robert T. Bagdy. Fine Reduction requested by Robert T. Bagdy. Robert T. Bagdy was sworn in by the Board’s Secretary. There was discussion among the Board, Robert T. Bagdy, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case #38998 that the Code Enforcement Board makes the following determination: The fine of $3,125.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. Mr. Campion seconded the motion and the motion carried. Case No. 81117, Location of violation, 8027 9th Hole Dr., Port St. Lucie, FL, Property Owner, OneWest Bank. Fine Reduction requested by Eileen Psarreas, Florida Sun & Surf Realty Group. Eileen Psarreas was sworn in by the Board’s Secretary. There was discussion among the Board, Eileen Psarreas, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case #81117 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 $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 the motion and the motion carried. XIII. MOTION FOR RECONSIDERATION Case No. 10692, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Frank Blandino Sr. was sworn in by the Board’s Secretary. Frank M. Blandino, Attorney was also present There was discussion among the Board, Frank M. Blandino, Frank Blandino Sr ., and staff regarding the motion for reconsideration of their fine reduction request for the property. 21 Mr. Campion 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 $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 $5,000.00. Mr. Taylor seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Hofman – No, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Currie – No, and Mr. Campion – Yes. The motion carried. Case No. 17362, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Frank Blandino Sr. was sworn in by the Board’s Secretary. Frank M. Blandino, Attorney was also present There was discussion among the Board, Frank M. Blandino, Frank Blandino Sr ., and staff regarding the motion for reconsideration of their fine reduction request for the property. Mr. Campion made a motion in reference to Case #17362 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 $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 $5,000.00. Mr. Taylor seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – No, Mr. Fogg – Yes, Mr. Hofman – No, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Currie – Yes, and Mr. Campion – Yes. The motion carried. Case No. 39342, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Frank Blandino Sr. was sworn in by the Board’s Secretary. Frank M. Blandino, Attorney was also present There was discussion among the Board, Frank M. Blandino, Frank Bl andino Sr., and staff regarding the motion for reconsideration of their fine reduction request for the property. 1st Motion Mr. Campion made a motion in reference to Case #39342 that the Code Enforcement Board makes the following determination: The fine of $10,125.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $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 $10,125.00. Mr. Taylor seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – No, Mr. Fogg – No, Mr. Hofman – No, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Currie – No, and Mr. Campion – Yes. The motion failed. 2nd Motion Mr. Currie made a motion in reference to Case #39342 that the Code Enforcement Board makes the following determination: The fine of $10,125.00 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 $10,125.00. Mr. Campion seconded the motion. 22 Chairman Fogg asked for a roll call vote: Mrs. Monahan – No, Mr. Fogg – Yes, Mr. Hofman – Yes, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Currie – Yes, and Mr. Campion – Yes. The motion carried. Case No. 64034, Location of violation, 2110 St. Lucie Blvd., Ft. Pierce, FL, Property Owner, J. Andrew Schmidgall. Fine Reduction requested by Frank Blandino. Frank Blandino Sr. was sworn in by the Board’s Secretary. Frank M. Blandino, Attorney was also present There was discussion among the Board, Frank M. Blandino, Frank Blandino Sr ., and staff regarding the motion for reconsideration of their fine reduction request for the proper ty. Mr. Campion made a motion in reference to Case #64032 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 $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 $5,200.00. Mr. Taylor seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Hofman – No, Mr. Taylor – Yes, Mr. Murdock – No, Mr. Currie – Yes, and Mr. Campion – Yes. The motion carried. XIV. OTHER BUSINESS: Election of Officers: Chairman and Vice-Chairman Chairman Mr. Hofman made a motion to reappoint Mr. Fogg as Chairman. Mr. Currie seconded and the motion carried unanimously. Vice-Chairman Mr. Currie made a motion to reappoint Mr. Murdock as Vice-Chairman. Mr. Taylor seconded and the motion carried unanimously. XV. STAFF BUSINESS: Staff presentation to the Board on code officer’s successful code cases. Lynn Swartzel – Case No. 855670 – 6604 Lakeland Blvd. Melissa Brubaker – Case No. 86482 – 5806 Myrtle Dr. Bea Goycochea – Case No. 86120 – 301 Bay St. ADJOURN: There was no further business and the meeting was adjourned at 1:00 p.m.