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HomeMy WebLinkAboutCEB0416Minutes1 FINAL DRAFT APRIL 6, 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 9:02 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 – MARCH 2, 2016 Mr. Taylor made a motion to accept the minutes of MARCH 2, 2016 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 Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Jose Matos, and Bea Goycochea were sworn in. 2 VI. PUBLIC COMMENTS None. VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien – Robert T. Bagdy– Case No. 38998 Satisfaction of Fine and Release of Lien – J. Andrew Schmidgall– Case No. 10692 Satisfaction of Fine and Release of Lien – J. Andrew Schmidgall – Case No. 17362 Satisfaction of Fine and Release of Lien – J. Andrew Schmidgall – Case No. 39342 Satisfaction of Fine and Release of Lien – J. Andrew Schmidgall – Case No. 64034 Satisfaction of Fine and Release of Lien – Linda G. Talley – Case No. 75646 Satisfaction of Fine and Release of Lien – Bank of America NA– Case No.82317 Satisfaction of Fine and Release of Lien – Michael W. Thomas– Case No. 78919 Satisfaction of Fine and Release of Lien – US Bank National Association– Case No. 78283 Satisfaction of Fine and Release of Lien – OneWest Bank– Case No. 81117 Satisfaction of Fine and Release of Lien – Gerard L. & Kimberly J. Kraaz– Case No. 63450 Satisfaction of Fine and Release of Lien – Mareya Schneider– Case No. 66223 Rescind of Order Imposing Fine/Lien _____________________________________ Rescind of Order Imposing Fine/Lean – Robert N. Conway III – Case No. 59489 Partial Release of Lien ____________________________________________________ Partial Release of Lien – Leo J. Cordary – Case No. 5901 Request for Rehearing of Fine Hearing__________________________________________________ Request for Rehearing of Fine Hearing - Mark Norton – Case No. 85915 Request for Fine Reduction Hearing____________________________________________________ Request for Fine Reduction Hearing – Hutton Team LLC – Case No. 85528 Request for Fine Reduction Hearing – Lak Kalra – Case No. 8336. Mr. Hofmann made a motion to approve and accept staff’s recommendation as presented. Mr. Taylor seconded and the motion carried. Chairman Fogg stated we are moving the Fine Reduction Hearings on the agenda to be heard first. VIII. VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 86276 7703 Fort Walton Ave., Ft. Pierce Deana Shatley 86395 1801 N US Hwy. 1, Ft. Pierce Taylor Creek Investments LLC 86397 1801 N US Hwy. 1, Ft. Pierce No Worries 86565 4511 Juanita Ave., Ft. Pierce Alpheus Forbes 86759 215 N. 40th St., Ft. Pierce Charles P. Mereus 86706 3103 Kingsley Dr., Ft. Pierce Phyllis W. Hall 86273 6012 Tangelo Dr., Ft. Pierce Angela D. Adams 86045 5213 Hickory Dr., Ft. Pierce Ruben C. Cocca/Maria T. Silva The Praxedes 86334 8027 S US 1, Port St. Lucie EMGI LLC 86331 8027 S US 1, Port St. Lucie Inked City Tattoos 85982 802 Cory Campbell Rd., Ft. Pierce Mark J. and Jean M. Raczynski 86137 212 Beach Ave., Port St. Lucie Michael G. and Robin E. Grimm 86014 3603 Arnold Rd., Ft. Pierce Erlinda Cerda 3 86243 3010 Dame Rd., Ft. Pierce Bernard and Patricia Worley 85895 154 SE Soneto Ct., Port St. Lucie Federal Home Loan Mort. Corp. 86761 2005 N. 44th St., Ft. Pierce South FL Heating and Cooling 85666 3798 Sunrise Blvd., Ft. Pierce A+ Fence Company of the Treasure Coast 85962 8007 Roberts Rd., Ft. Pierce Tom Rinaldo 84541 3880 N A1A Project, Ft. Pierce Tarpon Flats LLC 85288 331 Hosbine St., Ft. Pierce Philip M. Pepe Case No. 85509 was heard first on the agenda: Case No. 85509 and Case No. 85698 are Companion Cases Case #85509, Location of violation, 3223 N. 25th St., Ft. Pierce, FL, Property Owner, Larry and Karon S. Drew. There was no one present to represent the property owner. Mr. Drew sent a letter to the Board requesting a continuation. Officer Swartzel addressed the Chairman and stated the Board should have in front of them an email from Mr. Drew. She stated he has asked for a continuation on his case. Mr. Currie made a motion in reference to Case No. 85509 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on May 4, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #85698, Location of violation, 3223 N. 25th St., Ft. Pierce, FL, Tenant, Total Performance Auto and Truck Repair Inc. There was no one present to represent the property owner. Mr. Krieger addressed Chairman Fogg and stated just to point out to you this is th e companion case, the question is do you want this one to be found in violation as a default or do you want this to be heard when the other one is heard next month. He stated even though the man requesting the continuance only cited the case where he was cited (the landlord), the tenant is the following case and according to his email the tenant is in court with him. Mr. Currie stated Mr. Chairman that he recommends the Board continues this so we can hear both cases at the same time. Mr. Currie made a motion in reference to Case No. 85698 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on May 4, 2016. Mr. Taylor seconded and the motion carried unanimously. Case #86269, Location of violation, 7508 Hibiscus Rd., Ft. Pierce, FL, Property Owner, Mary W. Lewis. Mary W. Lewis the property owner was sworn in by the Board’s Secretary. Officer Swartzel submitted four (4) photos, one (1) dated December 7, 2015, one (1) dated February 22, 2016, one (1) dated March 29, 2016 and one (1) dated April 4, 2016. She stated during her first inspection on December 7, 2015 she found 7508 Hibiscus Rd. to be in violation of 11.05.01, Building and Sign Permits, to obtain a permit for the new windows. She issued a letter and gave a compliance date of December 22, 2015. She stated after having no response she issued a Notice to Appear on February 19, 2016. She noted as of April 5, 2016 this property still remains in violation. She stated Ms. Lewis has spoken to the Permitting Department and the plans examiners in regards to what she needs to come into compliance. She stated Ms. Lewis is here to today to ask for more time There was discussion among the Board, staff and Mary W. Lewis regarding the violation and the reasons the owner has not corrected the violation on the property. 4 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 #86269 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 August 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 prosec uting this case. Please take notice that on the 1 st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Murdock seconded the motion carried unanimously. Case #85981, Location of violation, 2504 Tamarind Ave., Ft. Pierce, FL, Property Owner, Tatiana Michalenko. Tatiana Michalenko the property owner was sworn in by the Board’s Secretary. Officer Matos submitted four (4) photos, two (2) dated October 13, 2015 and two (2) dated October 28, 2015. He stated on October 13, 2015 he found 2504 Tamarind Dr. to be in violation of Section 11.05.01, Section 304, General, to install and properly anchor the proper railing for the balcony, and Section 13.08.01, Section 604.3, Electrical System Hazards, to repair the deteriorating electrical system housing. He stated he originally gave until December 3, 2015, to bring the property into compliance, but due to legal issues with the tenant at the time staff worked with the property owner and was given extensions. He stated he has had contact with the property owner and she is here today to ask for more time to bring the property into compliance. He noted as of April 4, 2016 the property remains in violation. There was discussion among the Board, staff and Tatiana Michalenko regarding the violations and the reasons the owner has not corrected 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. Taylor made a motion in reference to Case #85981 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 J uly 6, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Murdock seconded the motion carried unanimously. Case #86360, Location of violation, 2500 N. 17th St., Ft. Pierce, FL, Property Owner, Betty Ballard. Betty Ballard the property owner, Robert Ballard, Earl Ballard, and Frank Robinson were sworn in by the Board’s Secretary. Officer Matos submitted fourteen (14) pictures, ten (10) dated January 28, 2016 and four (4) dated April 4, 2016. He stated on January 5, 2015 he found 2500 N. 17th St. to be in violation of Section 38-24, St. Lucie Code, for junk trash, and debris on the county’s right of way, Section 38-26, Abandoned Properties, for outside storage, Section 38-26 Abandoned Properties, for unserviceable vehicles, Section 32-93, St. Lucie Code Operation and Parking Vehicles, on the county right of way, and Section 8.00.03 (F), St. Lucie Code Particular Permitted Accessory Structures, only two recreational vehicles are allowed per property. He gave until January 19 to bring the property into compliance. He stated he has been in contact with the property owner and he has abated some stuff, but as of April 4, 2016 the property still remains in violation. 5 There was discussion among the Board, staff, Betty Ballard, Robert Ballard, Earl Ballard and Frank Robinson regarding the violations and the reasons the owner has not corrected the violations on the property. 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 #86360 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 August 1, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1 st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Murdock seconded the motion carried unanimously. Case #86928, Location of violation, 801 S. 33 rd St., Ft. Pierce, FL, Property Owner, Donald L. Moore. Anthony Moore, the tenant was sworn in by the Board’s Secret ary. Officer Matos submitted six (6) photos, four (4) dated February 18, 2016, and two (2) dated April 4, 2016. He stated on February 18 2016 he found 801 S 33rd St. to be in violation of Section 38-26, St. Lucie Code Abandoned Properties, for unserviceable vehicles. He gave a correction date of March 9, 2016. He has spoken to the property owner and he is here to ask for more time . He noted as of April 4, 2016 the property still remains in violation. There was discussion among the Board, staff and Anthony Moore 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. Taylor made a motion in reference to Case #86928 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 oc cur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by August 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. Campion seconded the motion carried unanimously. Case #83578, Location of violation, 4703 Myrtle Dr., Ft. Pierce, FL, Property Owners, Daniel and Lydia Momany. Daniel Momany, property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted one (1) picture taken on March 18, 2015 and a copy of the Property Appraiser’s sketch. She stated on March 18, 2015 a Notice of Violation was sent to Mr. Momany, the property owner of 4703 Myrtle Dr ., to please obtain a permit for enclosing the back porch with a correction date of April 10, 2015. She stated on October 19, 2015, a Notice to Appear for the December 2, 2015 Code Enforcement meeting was sent to the property owner. The property owner contacted staff and was going to try to get this corrected, staff removed this from the agenda to allow him time. She stated on February 8, 2016 a Notice to Appear to the April Code Board was sent to the property owner after not receiving any 6 more communication from the owner. She noted as of April 6, 2016 the property remains without a permit, this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits. There was discussion among the Board, staff and Daniel Momany 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. Murdock made a motion in reference to Case #83578 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by September 4, 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. Hofmann seconded the motion carried unanimously. Case #86023, Location of violation, 2706 Bennett Dr., Ft. Pierce, FL, Property Owner, Toborrius A. Stevens. Rod Waller, contractor for the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios submitted two (2) pictures, one (1) taken on November 18, 2015, one (1) taken March 29, 2016 and a copy of the Property Appraiser’s sketch. She stated on November 13, 2015 a Notice of Violation was sent to Mr. Stevens the property owner of 2706 Bennet Dr., to please obtain a permit for removing the glass sliding doors and enclosing the wall in the front of the property with a correction date of December 4, 2015. She stated on February 8, 2016 a Notice to Appear to the April Code Board was sent. She noted staff has had communication with the property owner and he is working with a contractor to bring the property into compliance. She stated as of April 6, 2016 the property remains without a permit this is in violation of St. Lucie County Land Development Code, 11.05.01, Building Permits. There was discussion among the Board, staff, and Rod Waller regarding the violations and the reasons the owners have not corrected the violations on the property. Chairman Fogg asked the Board if they had any questions and if not we ar e looking for a motion. Mr. Taylor made a motion in reference to Case #86023 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and the recommendations of staff with regard to the existence of a violation that we determine the violation in fact did occur and the alleged violator committed the violation. An Order of Enforcement is warranted. If the Order of Enforcement is not complied with by July 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. Murdock seconded the motion carried unanimously. Case #86549, Location of violation, 3402 Avenue F, Ft. Pierce, FL, Property Owner, Willie J. and Melissa Lee. Willie J. and Melissa Lee, the property owners were sworn in by the Board’s Secretary. Officer Matos submitted twenty one (21) photos dated January 11, 2016. He sated on January 11, 2016 he found 3402 Avenue F to be in violation of 13.08.01, St. Lucie County Standard Housing Code Section 304, 7 Exterior Structure, to repair the roof, Section 13.08.01, Standard Housing Code, Section 309.1, Infestation, to have the house exterminated, Section 13.08.01, Section 305, Interior Structure, to repair the ceiling, Section 13.08.01, Section 504, Plumbing Systems and Fixtures, to hire a plumber to repair all leaks and install the proper plumbing hardware and fixtures in the bathrooms, Section 13.08.01, Section 305, Interior Structure, to repair the holes in the walls, Section 13.08.01, Standard Housing Code, Section 604.3, Electrical System Hazard, to hire a licensed electrician to repair the exposed wires to the water heater and the ceiling light fixtures, Section 13.08.01, Standard Housing Code Section 304.12, Openable Windows, to repair all the windows that do not open and are capable of being held in position by the window hardware . Section 13.08.01, Standard Housing Code, Section 304.15 Doors, to install a door knob in the front door, Section 13.09.00, Exterior Property Maintenance, Section 304.6, Exterior Walls, to repair the square hole in the wall on the back of the house, Section 13.08.01, Standard Housing Code, Section 304.13, Windows, Skylights, and Door Frames, to repair any windows and the front door frame and make weather tight , Section 13.08.01, Standard Housing Code, Section 505.3, Water Supply, to supply the structure with a water supply, and Section 13.09.01, Exterior Property Maintenance Code, Section 504.3, Plumbing System Hazard, to cover the septic system properly as it constitutes a hazard to its occupants. Officer Matos stated he gave until January 27, 2016 to bring the property into compliance. He noted he did speak to the owner of the property and discussed if more time was needed . He stated he has not had any other contact with the property owner and as of April 4, 2016 the property still remains in violation. There was discussion among the Board, staff, Willie J. Lee, and Melissa Lee regarding the violations and the reasons the owners have not corrected 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. Murdock made a motion in reference to Case #86549 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 September 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 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 v iolation is not abated by the given compliance date. Mr. Campion seconded the motion carried unanimously. The Hall was sounded and Mr. Murdock read the name and number of the case of those not present into the record: Default Cases: Case No. Location of Violation Property Owner/Contractor/Violator______ 86704 2597 Bennett Dr., Ft. Pierce Jonas and Jacquelyn G. Brianvil 85968 Next to 5717 Cassia Dr., Ft. Pierce Tarpon IV LLC 86449 8630 S US 1, Port St. Lucie Racetrac Petroleum Inc. 86171 2125 Esplande Ave., Ft. Pierce Corby S. and Bonnie M. Henderson 86199 2706 Bennett Dr., Ft. Pierce Ralph Lishia 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 rec ommendation of staff as set forth on the agenda. Mr. Murdock seconded and the motion carried unanimously. 8 IX. FINE HEARING: Case #84808, Location of violation, 6071 S US Hwy. 1, Ft. Pierce, FL, Property Owner, Fine Investment Properties Inc. Steven Weaver, contractor for the property owner was sworn in by the Board’s Secretary. Officer Vargas Barrios re-submitting seven (7) pictures taken by Officer Brubaker. 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. She stated Mr. Fein was present at the meeting and the Board gave a compliance date of February 3, 2016. She stated at the Code Enforcement Board on March 2, 2016 the Board granted a continuation as requested by the Mr. Fein. She noted as of April 6, 2016 a permit has not been issued and the property remains in violation. There was discussion among the Board, staff, and Steve Weaver regarding the violation and the reasons the owner has not corrected the violation on the property. 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. 84808 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting July 15, 2016 with a maximum fine not to exceed $10,000.00. Mr. Currie seconded and the motion carried unanimously. Case #85046, Location of violation, 5105 Deer Run Dr., Ft. Pierce, FL, Property Owner, PNC Bank NA. There was no one present to represent the property owner. Officer Vargas Barrios re submitting a copy of two expired permits inspection cards, a picture from Google Earth map and two (2) pictures dated February 25, 2016. She stated this case was brought before the Code Enforcement Board on February 3, 2016 and was found in violation of St. Lucie County Land Development Code, 11.05.01 A (2)a Time Limitation of Building Permits by default. She stated on September 29, 2015 a Notice of Violation was sent to PNC Bank NA, the property owner listed for 5105 Deer Run Dr., to please reactivate Permit 0701-0048, for the aluminum roof in the back of the property and Permit 0708-0446, for the aluminum railing around the pool as these permits are now expired, with a correction date of October 9, 2015. She stated on February 6, 2016 a Notice to Appear was sent. She further stated after the Code Board staff received communication from the representative for the property and we explained there are two expired permits on the property. She stated he gave me permission to come to the property and take p ictures to confirm the aluminum fence was not there. She noted on February 25, 2016 she went to the property and took pictures and confirmed the aluminum fence around the pool was not there , that permit is now void as no work was done. She stated the only thing pending now is the expired permit 0701-0048, for the aluminum roof and the representative would need some time to bring the property into compliance . She stated as of April 6, 2016 the property 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. Murdock made a motion in reference to Case No. 85046 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 5, 2016 with a maximum fine not to exceed $10,000.00. 9 Mr. Currie seconded and the motion carried. Case #85246, Location of violation, 8495 Lavender Ct., Port St. Lucie, FL, Property Owner, Rescap Securities Holdings Co. There was no one present to represent the property owner. Officer Brubaker stated this case was found in default at the February Code Board for Section 13.09.00, Article 303.2, Protective Treatment, as the yard is caving in and unsafe. She noted the Board gave until March 5, 2016 to come into compliance. She stated for the record she is submitting four (4) photos, one (1) dated November 10, 2015, one (1) dated January 25, 2016, one (1) dated March 7, 2016, and one (1) dated April 4, 2016. She stated she has had no contact with the representative or owner and as of April 5, 2016 the property remains in violation. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 85246 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 5, 2016 with a maximum fine not to exceed $10,000.00. Mr. Currie seconded and the motion carried. Case #85246, Location of violation, 208 Olive Ave., Port St. Lucie, FL, Property Owner, US Bank Home Mortgage. There was no one present to represent the property owner. Officer Brubaker stated this case was found in default at the February 2016 Code Board for Section 8.00.05, to place a fence or screen room around the pool, Section 11.05.01, to obtain a permit for the shed and Section 13.09.00, Article 303.2, Protective Treatment, the yard is caving in. She noted the Board gave until March 5, 2016 to come into compliance. She stated for the record she is submitting five (5) photos, three (3) dated January 25, 2016 and two (2) dated April 5, 2016. She stated she has not had contact with the representative or owner and as of April 5, 2016 the property remains in violation. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 85531 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 act ions 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 5, 2016 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried. Case #86174 Location of violation, 7912 Horned Lark Cir., Port St. Lucie, FL, Property Owner, Secretary of Housing and Urban Dev. There was no one present to represent the property owner. Officer Brubaker stated this case was found in default at the February Code Board for Section 13.09.00, Article 303.2, Protective Treatment, the yard is caving in and unsafe. She stated the Board gave until March 5, 2016 to come into compliance. She stated for the record she is submitting eight (8) photos, one (1) dated November 10, 2015, four (4) dated January 25, 2016, one (1) dated March 7, 2016, and two (2) 10 dated April 4, 2016. She noted she has had contact with the representative of the property and discussed ways to correct the violation and as of March 5, 2016 the property remains in violation. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 86174 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 5, 2016 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried. Case #85532, Location of violation, 701 Hidden River Dr., Port St. Lucie, FL, Property Owner, John Hogan. There was no one present to represent the property owner. Officer Brubaker stated this case was found in default at the February 2016 Code Board for Section 13.09.00, Article 303.2, the rotted trim and siding need to be repaired . She noted the Board gave until March 5, 2016 to come into compliance. She stated for the record she is submitting eight (8) photos, two (2) dated September 22, 2015, three (3) dated February 1, 2016, one (1) dated March 7, 2016, and two (2) dated April 4, 2016. She stated she has had no contact with the representative or owner and as of April 5, 2016 the property remains in violation. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 85532 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 5, 2016 with a maximum fine not to exceed $10,000.00. Mr. Currie seconded and the motion carried. Case #85905, Location of violation, 190 SE Serenata Ct., Port St. Lucie, FL, Property Owners, Steve Gillespe and Elaine Kuczynski. There was no one present to represent the property owner. Officer Goycochea stated for the record she is submitting five (5) photos, two (2) dated October 26, 2015, one (1) dated February 1, 2016 and two (2) dated April 4, 2016. She stated this case was brought to the February 3, 2016 Code Enforcement Board for being in violation of Section 38-26, for outside storage of items and materials, Section 38-26, for having an unserviceable vehicle and Ordinance 8.00.03 (F), for the recreational equipment not parked on a paved surface. She noted the Board found the case in default and gave a compliance date of March 4, 2016. She stated as of April 4, 2016 there has not been any contact with the property owner, the unserviceable vehicle has been abated, the trailer has been moved to the driveway, but the property is still in violation of having outside storage of items and materials. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. 11 Mr. Taylor made a motion in reference to Case No. 85905 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 5, 2016 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried. Case #85937, Location of violation, 7701 Westmont Dr., Ft. Pierce, FL, Property Owne rs, Edgar Montes- Vazquez and Yenny C. Cortes-Atuesta. Yenny C. Cortes-Atuesta, property owner was sworn in by the Board’s Secretary. Officer Swartzel stated for the record she is submitting three (3) photos, one (1) dated October 27, 2015, one (1) dated April 4, 2016, and one (1) taken by Property Appraiser. She stated 7701 Westmont Dr. was found in default during the February 3, 2016 Code Board for Section 11.05.01, Building and Sign Permits, to obtain a permit for converting the garage into living space. She noted the Board gave a compliance date of March 4, 2016. She stated that she, permitting, and the plans examiners have had contact with the property owners and discussed ways to bring the property i nto compliance. She stated as Tuesday, April 5, 2016 no permits have been applied for and the property remains in violation. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Currie made a motion in reference to Case No. 85937 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting July 1, 2016 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #86168, Location of violation, Lot next to 2406 San Diego Ave., Ft. Pierce, FL, Property Owner, Fernando Munoz, Disgladys Munoz, Alfred Lariviere. There was no one present to represent the property owner. Officer Matos stated for the record he is submitting three (3) photos, one (1) dated November 16, 2015, one (1) dated January 25 2016, and one (1) dated April 4 2016. He stated this case was found in default at the February 3, 2016 Code Board hearing for being in violation of Section 38-97, Prohibited Acts, for overgrowth of grass and weeds. He noted the board gave until March 5 2016 to bring the property into compliance and as of April 4 2016 the property still remains in violation. He stated he has had no contact with the property owner. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 86168 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 5, 2016 with a maximum fine not to exceed $10,000.00. 12 Mr. Campion seconded and the motion carried. Case #86158, Location of violation, 2406 San Diego Ave., Ft. Pierce, FL, Property Owner, William E. Love. There was no one present to represent the property owner. Officer Matos stated for the record he is submitting seven (7) photos, two (2) dated November 16 2015, one (1) dated January 4 2016, one (1) dated January 25, 2016, and three (3) dated April 4 2016. He stated this case was found in default at the February 3, 2016 Code Board hearing for being in violation of Section 38- 26, Abandoned Property, for unserviceable vehicles, Section 38-26, Abandoned Property, for outside storage and Section 13.08.01, Adopting Standard Building Code, Section 304, Exterior Surfaces, to repair the roof. He noted the Board gave until March 5 2016 to bring the property into compliance and as of April 4, 2016 the property still remains in violation. He stated he has had no contact with the property owner. There was discussion among the Board, and staff regarding the violations on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 86158 that the Code Enforcement Board makes the following determination: After hearing testimony, th e 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 5, 2016 with a maximum fine not to exceed $10,000.00. Mr. Campion seconded and the motion carried. Case #86421, Location of violation, 210 Essex Dr., Port St. Lucie, FL, Property Owner, Bertha McDonald. There was no one present to represent the property owner. Officer Matos stated for the record he is submitting four (4) photos, one (1) dated December 17, 2015, one (1) dated January 25, 2016, one (1) dated March 4 2016, and one (1) dated April 4 2016. He stated this case was found in default at the February 3, 2016 Code Board hearing for being in violation of Section 38- 26, Abandoned Property, for outside storage. He noted the Board gave until March 5, 2016 to bring the property into compliance and as of April 4, 2016 the property still remains in violation. He stated he has had no contact with the property owner. There was discussion among the Board, and staff regarding the violation on the property. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 86421 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 5, 2016 with a maximum fine not to exceed $10,000.00. Mr. Taylor seconded and the motion carried. X. REPEAT VIOLATION: None. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. 13 XII. FINE REDUCTION HEARING Case No. 83898, Location of violation, 2821 Seneca Ave., Ft. Pierce, FL, Property Owner, Hogar Community Reinvestment LLC. Fine Reduction requested by Maximo Cabellos, Hogar Hispano Inc. Fernando Lines, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Fernando Lines, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #83894 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 thi s hearing or the fine will revert back to original fine of $5,200.00. Mr. Campion seconded the motion and the motion carried. Case No. 84840, Location of violation, 102 N. 38th St., Ft. Pierce, FL, Property Owner, Hogar Community Reinvestment LLC. Fine Reduction requested by Maximo Cabellos, Hogar Hispano Inc. Fernando Lines, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Fernando Lines, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #84840 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 ten (10) days of this hearing or the fine will revert back to original fine of $5,200.00. Mr. Currie seconded the motion and the motion carried. Case No. 59839, Location of violation, 1001 Enders Rd., Ft. Pierce, FL, Property Owner, Rick L. and Karen L. Neal. Fine Reduction requested by Rick L. and Karen L. Neal. Rick L. and Karen L. Neal, property owners were sworn in by the Board’s Secretary. There was discussion among the Board, Rick L. and Karen L. Neal, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. Mrs. Monahan made a motion in reference to Case #59839 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 ten (10) days of this hearing or the fine will revert back to original fine of $10,125.00. Mr. Currie seconded the motion and the motion carried. XIII. OTHER BUSINESS: XIV. STAFF BUSINESS: ADJOURN: There was no further business and the meeting was adjourned at 11:03 a.m.