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.
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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
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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.
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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.
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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
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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,
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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.
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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.
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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)
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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.
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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.