Loading...
HomeMy WebLinkAboutCEB0516Mins Code Enforcement Board Minutes - Final Draft May 4, 2016 at 9:00 a.m. Board of County Commissioners Building and Code Regulation Division Commission Chambers I. CALL TO ORDER The Code Enforcement Board meeting was called to order at 9:03 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. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Brad Currie …………………………………………………………………………...Mr. Patrick Campion Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT Mr. Wes Taylor. IV. APPROVAL OF MINUTES – APRIL 6, 2016 Mr. Murdock made a motion to accept the minutes of APRIL 6, 2016 as amended. Mr. Currie 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 ……………………………………………………………………………Bea Goycochea Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Carl Peterson, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, and Bea Goycochea were sworn in. VI. PUBLIC COMMENTS None. 2 VII. CONSENT AGENDA Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien – Rick L. and Karen L. Neal– Case No. 59839 Satisfaction of Fine and Release of Lien – Hogar Community Reinvestment LLC – Case No. 83894 Satisfaction of Fine and Release of Lien – Hogar Community Reinvestment LLC – Case No. 84840 Request for Fine Reduction Hearing____________________________________________________ Request for Fine Reduction Hearing – Sealrite Pavers Inc. – Case No. 85252 Request for Fine Reduction Hearing – Karen L. Hall – Case No. 69734 Request for Fine Reduction Hearing – Bertha M. McDonald – Case No. 86421 Rescinding of Findings of Fact, Conclusion of Law and Order, and Order Imposing Fine/Lien Rescind of Finding of Fact, Conclusion of Law and Order & Order Imposing Fine/Lien – Rescap Securities Holdings Co. – Case No. 85246 Rescind of Finding of Fact, Conclusion of Law and Order & Order Imposing Fine/Lien – Secretary of Housing & Urban Dev. – Case No. 86174 Mr. Murdock made a motion to approve and accept staff’s recommendation as presented. Mr. Hofmann seconded and the motion carried unanimously. VIII. VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 85927 2705 S. 27th St., Ft. Pierce Richard Uranga Jr. 86720 6501 Oleander Ave., Ft. Pierce Douglas K. Fox and Joseph S. Fox 87044 3103 Langston Dr., Ft. Pierce Toscana Real Estate Investment LLC 87151 1105 W. Joy Ln., Ft. Pierce Michael H. Radatz 86750 7350 S US Hwy. 1, Port St. Lucie A/C Mann Inc. 86754 4100 N A1A, Ft. Pierce A/C Mann Inc. 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. Officer Swartzel addressed the Chairman and stated Case No. 85509 and Case No. 85698 are companion cases and staff is asking the Board to consider a continuation until the August 3, 2016 Cod e Board considering they are working diligently with our Acquisitions Department to correct the problem so staff would like to continue this case to the August 3, 2016 Code Board. Chairman Fogg asked the Board if they had any questions on this request. 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 August 3, 2016. Mr. Campion 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. 3 Officer Swartzel addressed the Chairman and stated Case No. 85509 and Case No. 85698 are companion cases and staff is asking the Board to consider a continuation until the August 3, 2016 Code Board considering they are working diligently with our Acquisitions Department to correct the problem so staff would like to continue this case to the August 3, 2016 Code Board. 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 August 3, 2016. Mr. Campion seconded and the motion carried unanimously. Case #86547, Location of violation, 7701 Lakeland Blvd., Ft. Pierce, FL, Prope rty Owner, Nathanial E. and Billie Jo Anderson. Nathanial E. Anderson, the property owner was sworn in by the Board’s Secretary. Officer Swartzel submitted ten (10) photos, two (2) dated January 28, 2016, two (2) dated March 30, 2016, three (3) dated April 26, 2016, and three (3) dated May 2, 2016. She stated during her first inspection she found 7701 Lakeland Blvd. to be in violation of 8.00.03, Particular Permitted Accessory Structures, a maximum of two (2) pieces of recreational equipment may be sto red on the property. She stated this includes boats, trailers and RV’s, one (1) may be stored in the front of the property on a concrete surface, and the second may be stored on the side or rear of the house, please remove any additional pieces of equipment from the property. She issued a letter and gave a compliance date of February 11, 2016. She stated she and Danielle Williams, Code Enforcement Supervisor had a meeting with the property owner, explained the code to him and discussed what he can and cannot do on his property. She stated after receiving several complaints she issued a Notice to Appear on March 31, 2016 to appear at the May Code Board. She noted as of May 3, 2016 this property still remains in violation. Chairman Fogg asked Mr. Anderson if he was in violation. Mr. Anderson answered that depends and stated he is understanding that he is covered by Florida Statute 379, Section 2351 for his commercial fishing activities and asked for the language to be explained to him. Chairman Fogg stated he cannot explain the language to him but he can ask him questions. He asked Mr. Anderson if anywhere in there does it say residential setting that the equipment can sit there. Mr. Anderson answered yes it does, in Section 4 it says no local ordinance can prohibit him from participating in commercial fishing activities. Chairman Fogg stated we are not asking you to do that, it about all the equipment on a residential property. He asked Mr. Anderson what is the difference between residential and c ommercial does the statute say anything about that. Mr. Anderson answered it says recreational and commercial actually. Chairman Fogg stated then you are going to have to get with staff, have you talked with them on it. Mr. Anderson answered in the affirmative he has talked to staff and was told he is not allowed any commercial vehicles on the property. He stated but they said vehicles and he has boats. Officer Swartzel addressed the Board and stated when she and Officer Williams met with Mr. Anderson we sat down with him and explained everything to him. She stated if he wanted to go into the verbiage of commercial we would have to sit down with him again and he said he did not want to go through with it at that time. She stated Mr. Anderson stated he would comply with us and only have two (2) boats on the property. She stated at this point he has john boats on the property, if you go through the pictures with us those are not all commercial boats, he also has a trailer, he has boats in the front of t he property, and he has boats behind as you can see in the picture there is a boat that is not considered commercial. She stated it is the fact of where he has the boats, we are going above and beyond. She stated he has the RV in the front, this boat in the front, he was complying for a long time and now he has not called since we sent the letter, 4 he is not complying, willing to work with us, talk to us and he does whatever he wants. She stated this is a residential piece of property and the neighbors ar e very upset. Chairman Fogg asked the Board if they had any questions. Mr. Campion stated to Mr. Anderson no one is saying you cannot have your commercial boat on the property that you use for fishing. Mr. Anderson stated he does not think they like wher e he parks it. Mr. Campion stated that may be, this is complaint driven which and the Board acts when there is a complaint. He stated there is a code here that says how many vehicles you can have on the property including boats, RV’s and trailers, no one is saying that the boat you use for fishing has to be moved, but some of those vehicles have to be stored somewhere else you cannot have that many vehicles in the yard. There was further discussion among the Board, staff and Nathanial Anderson regarding the violation on the property. Mr. Taylor made a motion in reference to Case #86547 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 8, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mrs. Monahan seconded the motion carried. Case #85713, Location of violation, 212 E. Arbor Ave., Port St. Lucie, FL, Property Owner, John G. Ray and Maureen H. Lee. There was no one present to represent the property owner. Chairman Fogg stated the Board has a request for a continuance to the June 1, 2016 meeting. Mr. Currie made a motion in reference to Case No. 85713 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on June 1, 2016. Mr. Campion seconded and the motion carried unanimously. Case #87107, Location of violation, 3606 Avenue G, Ft. Pierce, FL, Property Owner, Moliere and Elicia Douceur. Litermin Joseph, representative the property owner was sworn in by the Board’s Secretary. Officer Williams submitted eighteen (18) photos dated March 3, 2016 taken by former Office Matos. She stated after receiving a tenant compliant, Officer Matos inspected the property on March 3, 2016. She stated during his inspection, he found the property in violation of Section 13.08.01, Article 504, for not having properly installed plumbing fixtures that are not in good working condition. Section 13.08.10, Article 304.13.2, for having windows that do not open properly. Section 13.08.01, Article 304.13, for not having the front door, rear sliding door, and windows sealed tight to prevent the rain f rom entering the home. Section 13.08.01, Article 305.1, for having damaged interior doors. Section 13.08.01, Article 604.3, for having exposed electrical wires. Section 13.08.01, Article 305.1.1, for the foundation of the home is sinking in a few areas of the home. Section 13.08.01, Article 309.1, for the home being infested by rodents and insects. Officer Williams stated Officer Matos issued a letter and gave a compliance date of March 23, 2016. She stated after getting no compliance, he issued a certified Notice to Appear letter was issued and that was signed on April 9, 2016. She stated on April 11, 2016, Officer Matos spoke with a representative of the 5 property owner who stated he needed more time due to the tenants not giving him access to the home to correct the violations. She stated since she has not had access to the home the property is still in violation and he is here to ask for more time. There was discussion among the Board, staff, and Litermin Joseph regarding the violations and t he 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. Campion made a motion in reference to Case #87107 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 3, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 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. Chairman Fogg asked for a roll call vote: Mrs. Monahan – No, Mr. Fogg – Yes, Mr. Hofmann – Yes, Mr. Murdock – Yes, Mr. Currie - No, and Mr. Campion – Yes. The motion carried. Case #87289, Location of violation, 13490 Orange Ave., Ft. Pierce, FL, Property Owner, Dylan G. Jason. There was no one present to represent the property owner. Officer Williams addressed the Board and stated Mr. Jason is working with environmental to mitigate the violation and she requested the Board continue this case to the August 3, 2016 Code Board meeting. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case No. 87289 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on August 3, 2016. Mr. Currie seconded and the motion carried unanimously. Case #86426, Location of violation, 4814 Sunset Blvd., Ft. Pierce, FL, Property Owner, Anupu Holdings LLC. Jami Zabrauskas and Patricia Williams, property owners (and owners of Anupu Holdings LLC) were sworn in by the Board’s Secretary. Officer Vargas Barrios submitted four (4) pictures, two (2) dated December 22, 2015, two (2) dated April 26, 2016, also a copy of the property appraiser card and a copy of the review comments for the permit. Officer Vargas Barrios state on December 22, 2015 a Notice of Violation was sent to Anupu Holdings LLC, the property owners listed for 4814 Sunset Blvd., to please obtain a permit for enclosing the aluminum porch including windows and any electrical, also for the wire lath over the entire home, with a correction date of January 8, 2016. She noted on December 30, 2015 a permit was applied for. She stated on March 7, 2016 the Notice to Appear was sent. Officer Vargas Barrios stated the permit is on a pending status as there are review comments that need to be addressed. She stated the owner has been in contact with staff, but as of May 3, 2016 the property remains 6 without a permit, this is in violation of St. Lucie County Land Development Code 11.05.01, Building and Sign Permits. She stated the owners are here to request more time. Patricia Williams addressed the Board and stated they were told they have to redo the septic tank in order to get a permit, so they got some estimates, they are almost $10, 000.00. She stated they went to the Health Department, spoke to them, and were told to come here and speak to the Board to see if they can get some time to save up some money for that. Jami Zabrauskas stated they were told they had expanded the amount of bedrooms in the house which they had not. Patricia Williams stated they closed the porch. Mr. Campion stated you increased the square footage of living space which is what they are saying to you. Mrs. Monahan asked if this is a rental house. Patricia Williams and Jami Zabrauskas answered in the affirmative. Chairman Fogg asked Patricia Williams and Jami Zabrauskas when they would have this done. Jami Zabrauskas answered what they were thinking of is the lease for the tenant is about up and they were going to offer them the convenience of moving into another home owned by another par t of the company and then look into getting more prices and see if they can find something lower. Patricia Williams stated they cannot get the permit for enclosing the screen porch without replacing the septic tank. There was further discussion among the B oard, staff, Patricia Williams and Jami Zabrauskas correcting the violation 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 #86426 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 October 5, 2016, a fine of up to $250.00 per day may be imposed. A cost of $200.00 has been imposed as the cost for prosecuting this case. Please take notice that on the 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. Currie seconded the motion carried. 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______ 86716 7205 Sebastian Rd., Ft. Pierce Richard G. Zundel 86117 2814 Anthony St., Ft. Pierce Marjorie C. Clendenin (EST) 86543 7503 Citrus Park Blvd., Ft. Pierce Wells Fargo N.A. 7 86887 Prop. Next to 8850 Indrio Rd., Ft. Pierce Waterstone Community Dev. 86850 117 Imperial Way, Ft. Pierce Christopher J and Paula M Hall 86929 7500 Winter Garden Pkwy., Ft. Pierce Karen Thompson 86195 631 Glenview Ave., Ft. Pierce Claudia Z. Sargent 86322 421 SE Solaz Ave., Port St. Lucie Maureen and Michele Harry 86719 4902 Seagrape Dr., Ft. Pierce Melonie J and Jean Pierre 87156 1206 W Joy Ln., Ft. Pierce Alejandro and Maria Campos 86751 13507 NW Wax Myrtle Trl., Palm City A/C Mann Inc. 86752 12819 Cinnamon Way, Palm City A/C Mann Inc. Mr. Hofmann 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. Murdock seconded and the motion carried unanimously. IX. FINE HEARING: Case #85970, Location of violation, 3214 Avenue D, Ft. Pierce, FL, Property Owner, Angle Properties. Brian Taylor, of Angle Properties was sworn in by the Board’s Secretary. Officer Swartzel stated for the record she is re-submitting three (3) photos, one (1) dated November 20, 2015 and two (2) dated November 30, 2015 and submitting four (4) photos dated April 26, 2016. She stated 3214 Avenue D was brought to the December 2, 2015 Code Board and found in violation of Section 38-26, outside storage of concrete, debris and construction materials. She stated the Board gave a compliance date of April 8, 2016. She stated she has had contact with Mr. Brian Taylor, a representative for Angle Properties LLC and discussed ways to bring the property into compliance. She stated as of May 3, 2016 the property still remains in violation and Mr. Taylor is here today to explain where the property and contracts stand as of this time. Chairman Fogg asked Mr. Taylor if they are still in violation. Mr. Taylor answered yes the infamous former Mr. Porter site. He stated they are still in the process of sell ing the portion of the property that faces Angle Rd. and Avenue D to the Family Dollar. He stated it has been held up a little the County is requiring that it be platted and we were hoping to give them the concrete to use for a base. He stated he thought he would come here today and tell the Board they had started that process, we have since entered into a contract with a contractor to have the concrete removed. He stated we do not know how long it will take for that contract to come to fruition. He sta ted they had an engineer come out and survey the pile of concrete and it is approximately five hundred truckloads of concrete. He stated the contract was entered into the beginning of April, he spoke to the contractor yesterday and they plan on mobilizing around May 15, 2016. He stated five hundred truckloads at eight truckloads a day will take approximately sixty working days, so almost three months to get the concrete removed and dumped. He stated the cost of the contract is approximately $140, 000.00. He stated due to the cost of it they were hoping to give it to our purchaser. He stated they ended up with the property through foreclosure. There was further discussion among the Board, staff, and Brian Taylor regarding 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. 85970 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 8 fine of $250.00 per day shall be imposed for each day the violation exists starting September 1, 2016 with a maximum fine not to exceed $10,000.00. Mr. Hofmann 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. 85598, Location of violation, 10331 Lennard Rd., Port St. Lucie, FL, Property Owner, Hutton Team LLC. Fine Reduction requested by Luke Borneman, Hutton Construc tion Inc. Luke Borneman, representative for the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, Luke Borneman, and staff regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. 1st Motion: Mr. Currie made a motion in reference to Case #85598 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. The prosecution $200.00 cost is not imposed. Mr. Campion seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – No, Mr. Fogg – No, Mr. Hofmann – No, Mr. Murdock – No, Mr. Currie – Yes, and Mr. Campion - Yes. The motion failed. 2nd Motion: Mr. Hofmann made a motion in reference to Case #85598 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $1,000.00. The prosecution $200.00 cost is not im posed. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $10,200.00. Mrs. Monahan seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Hofmann – Yes, Mr. Murdock – No, Mr. Currie – No, and Mr. Campion – No. The motion failed. 3rd Motion: Mr. Murdock made a motion in reference to Case #85598 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $200.00. The prosecution $200.00 cost is not imposed. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $10,200.00. Mr. Currie seconded the motion. 9 Chairman Fogg asked for a roll call vote: Mrs. Monahan – No, Mr. Fogg – No, Mr. Hofmann – No, Mr. Murdock – Yes, Mr. Currie – Yes, and Mr. Campion - Yes. The motion failed. 4th Motion: Mr. Currie made a motion in reference to Case #85598 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 imposed by the Code Enforcement Board is hereby reduced to the amount of $1,000.00. The prosecution $200.00 cost is not imposed. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $10,200.00. Mrs. Monahan seconded the motion. Chairman Fogg asked for a roll call vote: Mrs. Monahan – Yes, Mr. Fogg – Yes, Mr. Hofmann – Yes, Mr. Murdock – No, Mr. Currie – Yes, and Mr. Campion - Yes. The motion carried. XIII. OTHER BUSINESS: There was discussion among the Board on cancelling the July 6, 2016 Code Enforcement Board meeting due to the holiday on July 4, 2016. Mr. Currie made a motion to cancel the Code Enforcement Board meeting on July 6, 2016. Mr. Hofmann seconded and the motion carried unanimously. XIV. STAFF BUSINESS: ADJOURN: There was no further business and the meeting was adjourned at 10:22 a.m.