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HomeMy WebLinkAboutCEB 062016 Minutes Code Enforcement Board Minutes – Final Draft June 1, 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 9:02 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 Vice-Chair………………….……………………………….……….......Mr. Randy Murdock Board Members...…………………………………………………….….Mr. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Patrick Campion Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT Mr. Brad Currie. IV. APPROVAL OF MINUTES – MAY 4, 2016 Mr. Campion made a motion to accept the minutes of MAY 4, 2016 as amended. Mr. Taylor seconded and the motion carried unanimously. V. SWEARING IN OF STAFF MEMBERS STAFF PRESENT Assistant County Attorney……………………………………………....Katherine Barbieri Building and Code Regulation Manager……….…………………….….Monica Graziani Building Official……….…………………………………….…………..Carl Peterson Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Lynn Swartzel …………………………………………………………………………....Monica Vargas Barrios ……………………………………………………………………………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 – Karen L. Hall – Case No. 69734 Satisfaction of Fine and Release of Lien – Alfred and Patricia Jamarowicz – Case No. 65828 Satisfaction of Fine and Release of Lien – Vincent D. Keane II – Case No. 79532 Request for Fine Reduction Hearing____________________________________________________ Request for Fine Reduction Hearing – James A. and Mary D. Edwards– Case No.83537 Mr. Taylor made a motion to approve and accept staff’s recommendation as presented. Mr. Murdock 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 VIOLATION HEARING: The following cases were abated, removed, or withdrawn from the agenda: Case No. Location of Violation Contractor/Owner/Violator/Name 85713 212 E. Arbor Ave., Port St. Lucie John G. Ray and Maureen H. Lee 86319 1810 Paseo Ave., Ft. Pierce Manuel R. and Juana Ruiz 86655 101 E. Arbor Ave., Port St. Lucie Gordon A. Weidner (EST) 86235 3052 Dame Rd., Ft. Pierce Terry L. and Debra H. Pierce 87600 6601 Fort Walton Ave., Ft. Pierce Ghazanfar Saeed and Mohammad Afzal 87080 186 Liberty Way, Ft. Pierce Carol A. King 85718 23 Flores Way, Port St. Lucie Terry and Dian Dewalt 86777 6071 S US Hwy. 1, Ft. Pierce Fine Investment Properties Inc. 85747 2432 Skylock Ct., Ft. Pierce Ridgecrest Mobile Home Park Case No. 84989 continued from March 2, 2016 was heard first on the agenda: Case #84989, Location of violation, 208 Rouse Rd., Ft. Pierce, FL, Property Owners, John and Louise Cross. Daryl Krauza, Attorney representing Mr. Cross was present. Mr. Cross was sworn in by the Board’s Secretary. Officer Williams addressed the Board and stated for the record she is submitting three (3) photos dated March 1, 2016 taken by former Officer Matos. She stated on August 11, 2015 the property was found in violation of Section 38-26, for having outside storage of pallets and other miscellaneous items, Section 11.05.00, for not having a Zoning Compliance permit to use the property as a storage facility, and Section 42-103, formerly known as Section 1-12-17, for not having a Business Tax Receipt license. Officer Williams stated the case was scheduled to the October 7, 2015 Code Board meeting and was continued to December 2, 2015. She stated at the December 2, 2015 meeting, the case was continued to March 2, 2016. She stated at the March 2, 2016 meeting, the Board continued the case to today in order to give the property owner additional time to evict the tenant who caused the violations. She noted the property owner is here today to ask for an extension to the September Board, and staff does not object. Chairman Fogg stated to Mr. Krauza and Mr. Cross so you need more time again. Mr. Krauza addressed the Board and stated he could give an update since the last time we filed the case. He stated Mr. Cross obtained the property through a foreclosu re action, there was a squatter there running a pallet business. He stated there was a numerous amount of junk vehicles, scrap everywhere and as you can see pallets. He stated we filed two court cases, one in County Court to have the tenant removed, he w as not a tenant but a squatter because we had not lease with him, but we needed to legally remove him from the property. He stated we filed a County Court action and the Court did evict that person after a court hearing and gave us a writ of possession giving the Sheriff the authority to forcibly remove him. He stated we also 3 had a Circuit Court case in front of Judge Roby for an injunction which was to order him to shut down the business which was in violation of the code. Judge Roby ordered him to imme diately desist operations, shut down the pallet business, and giving him thirty (30) days to clean up the property. He stated although he did do a significant amount of cleaning of the property, all the junk vehicles are gone, all the trailers are gone, and all of his business operation equipment anything of value is gone. Mr. Krauza stated we are now in possession of the property, the injunction is in place, we have two options now which is to clear the remaining property abandoned through the court or der and seek a contempt order because he did not remove all the pallet waste which the court ordered him to do, but this Board has already fined him so getting additional fines is not going to help us at all. He stated we need to get the property declared abandoned and remove it ourselves. He stated rather than seek a Court order, he has completed an affidavit whereby Mr. Norton who has now vacated the property and he has told us, we have been in touch with him as of yesterday saying he has removed everything he plans on removing and he will sign an affidavit saying it is abandoned and we will go out there and clean it out. He stated Mr. Cross has been in contact with local salvage yards that have expressed an interest in coming in and turning that into m ulch, removing it and possibly entering into a lease for the property. He stated Mr. Cross can speak to that. Mr. Cross addressed the Board and stated he talked to Mr. Norton yesterday and also emailed him a copy of the affidavit and Mr. Norton said he is willing to sign that rather than going back to Court. He stated he will try to locate him today while he is up here and get it signed, but realistically June is going to be the first month that we have actually been able to go on and clear the debris. He stated as soon as Mr. Norton signs the affidavit or we take him back to Court to get the property abandoned then we will start our clean -up afterwards. Chairman Fogg asked Mr. Cross if they have a time frame. Mr. Cross answered given that we are going into the summer and he knows the Board has already been patient with us but he would ask for some additional indulgence as we are going into the summer season. He stated his children really want to go to Wyoming this summer and he would love to have until the September hearing to have it completed. Mr. Campion stated to Chairman Fogg being as we are taking July off that would seem to fit in the timeline. Chairman Fogg stated to Mr. Cross that the Board just wants to get it cleaned up and we appreciate what you are doing and the situation you are in. He stated as you well know we try to work with you and will continue to do so as long as you keep going forward with it. Chairman Fogg asked the Board if they had any questions and if not we are looking fo r a motion. Mr. Campion made a motion in reference to Case No. 84989 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on September 7, 2016. Mr. Murdock seconded and the motion carried unanimously. Case #86271, Location of violation, 884 SE Solaz Ave., Port St. Lucie, FL, Property Owner, Wave Rider Properties LLC. Chairman Fogg stated we have before an email asking us to please continue this case to next month’s meeting. Mrs. Monahan made a motion in reference to Case No. 86271 that the Code Enforcement Board continues this case to the Code Enforcement Board hearing on August 3, 2016. Mr. Taylor seconded and the motion carried unanimously. 4 Case #85919, Location of violation, 3033 Pioneer Cir., Ft. P ierce, FL, Property Owners, Nick Priest (EST), Samuel D. Steele (EST) and Dan Williams. Dan Williams, one of the property owners was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is submitting e leven (11) photos, nine (9) dated October 2, 2015 and two (2) dated November 2, 2015. She stated on October 29, 2015, she inspected 3033 Pioneer Cir. and found it in violation of Ordinance 13.09.00, Exterior Property Maintenance Code, Ordinance 13.08.01, Standard Housing Code, Plumbing Systems and Fixtures, Ordinance 13.08.01, Standard Housing Code, Electrical System Hazards, and Ordinance 11.05.01, Building and Sign Permits, permits required for the windows at the rear of the property. She issued a lett er on November 3, 2015, with a compliance date of November 24, 2015. She stated on November 19, 2015, Dan Williams came in and asked for more time to correct the violations. She stated he was given an extension until January 1, 2016. She stated on March 14, 2016, Mr. Williams notified me that a contractor was taking care of the windows on the property within the week. She stated he corrected the electrical work himself, and she informed him that he needs a licensed electrician for the work and that a permit needed to be pulled. She stated on May 5, 2016, she has had no additional contact with Mr. Williams and a Notice to Appear letter was issued for the June 1, Code Board meeting. She stated on May 23, 2016, Mr. Williams left me a voice message regarding wanting to meet and schedule an inspection of the property. She stated she did return his phone and left him a voice asking for a date and time. She further stated as of May 31, 2016 she has not had any further contact with Mr. Williams, no permits have been applied for and the property is still in violation. Chairman Fogg asked Mr. Williams if he is in violation or not. Mr. Williams answered yes and no. Chairman Fogg asked Mr. Williams to please explain. Mr. Williams addressed the Board and stated we got the plumbing done, we got the electric done, and he did not pull a permit because he basically did it himself. He stated the wall was in the back and Beatrice saw that it was done but it has not been painted yet because he needs to pressure clea n the house to get the algae off the house and that is about it. Chairman Fogg asked Mr. Williams if he has his building permits. Mr. Williams answered in negative. Chairman Fogg informed Mr. Williams that is what you are supposed to have before you do the work and asked him if he is aware of that. Mr. Williams answered yes sir but this is a bad situation because he had a tenant in there who stayed about two and half months without paying rent so that threw all this off. Chairman Fogg stated you were notified back in November of 2015 is that correct. Mr. Williams answered yes sir. Chairman Fogg stated so we are at seven months. Mr. Williams stated well he is not really making an excuse but it has been trying to find someone to commit to do the windows he put in. He stated he did put in about three (3) windows himself. Chairman Fogg asked Mr. Williams what his plans are for getting a permit. 5 Mr. Williams answered he did contact a contractor to pull a permit for him but he wanted to do all the windows and charge me about $8,000.00 and he told him that is not going to happen, so he is looking for somebody else to pull a permit. Chairman Fogg stated to Mr. Williams we have gone six months along with this, we know you have been doing things and had your own situations but we are going to make a decision here today that is going to create a problem for you possibly if you do not get it done in the next sixty days or so or whatever the Board decides. He asked the Board if they had any questions. There was further discussion among the Board, staff and Mr. Williams on the violations on the property and how they have to be corrected. Mr. Hofmann made a motion in reference to Case #85919 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 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. Campion seconded and the motion carried unanimously. Case #87075, Location of violation, 7804 Pacific Ave., Ft. Pierce, FL, Property Owner, Oriol Pierre. Ronald Gilbert and Dan Davis, Architect, representatives for the property owner were sworn in by the Board’s Secretary. Officer Swartzel addressed the Board and stated for the record she is submitting six (6) photos and one (1) real estate listing, five (5) photos dated March 3, 2016 and one (1) dated March 27, 2016. She stated during my first inspection she found 7804 Pacific Ave. to be in violation of 11.05.01 Building and Sign Permits, to obtain a permit for any renovations done to the house, 13.08.01 Adopting Standard Housing Code, Section 504, Plumbing Systems and Fixtures, all plumbing fixtures must be properly installed and maintained in working order, 13.08.01 Adopting Standard Housing Code, Section 604.3, Electrical System Hazards, all electrical systems such as the outlets are sparking and wires exposed, to hire a licensed electrician to repair. She stated she issued a letter and gave a compliance date of March 31, 2016. She stated she has had contact with representatives of the owner and discussed ways to bring the property into compliance. She stated as of May 31, 2016 there has been no permits applied for and the property remains in violation. She noted the representatives for the owner are here today to ask for more time. Chairman Fogg asked Mr. Gilbert and Mr. Davis what the strategy here, what is going to happen. Mr. Davis answered he has been hired to obtain permits and confirm code compliance with things that have already been built in place. He stated as he understood from County staff there is a permit required for a front door that was removed and installed in place of a window, the second item is a door installed in a portion of this property that separated what could be two (2) living quarters. He stated that will be opened up and made accessible to the one electric meter that exists and thirdly the bathroom that has been added as a separate structure attached will be verified and permitted as code compliant. He stated an additional is the septic tank that may or may not conform with its capacity. Chairman Fogg asked Mr. Davis if this is a rental property. Mr. Davis answered it is a rental property. Mrs. Monahan asked staff for clarification on the photographs. 6 Officer Swartzel stated this photo used to be a doorway and they closed it in, you can see where the stucco was filled in. She stated this is a brand new bathroom that was built without a permit. She stated because they added a separate bathroom the septic system is not working properly and keeps backing up. She stated the original call came in about the septic tank backing up and they were having electrical problems and could not get to the electrical panel because it was blocked off because they were putting in the duplex. Mr. Campion asked Mr. Davis and Mr. Gilbert if there are tenants there now. Mr. Gilbert answered in the affirmative. Mr. Campion asked Mr. Davis and Mr. Gilbert if there are tenants in both sides. Mr. Gilbert answered no in just one. Chairman Fogg stated Mr. Davis you seem to be the one in charge of this what is our timeframe here. Mr. Davis answered he would say sixty (60) days to be in a position to have applied for permit. Chairman Fogg asked Mr. Davis to have applied for permit in sixty (60) days or applied for and received by sixty (60) days. Mr. Davis stated he would ask for sixty (60) days to make application. Mr. Murdock stated he is probably going to need that if he has to have that septic tank verified. Chairman Fogg asked Mr. Davis if we gave you ninety (90) days that would be more than enough for you to have everything done and get your permitting and all such as that correct. Mr. Davis answered yes he believes so. There was discussion among the Board, staff, Mr. Gilbert and Mr. Davis on the septic tank violation being the first thing that should be corrected on the property. Mrs. Monahan made a motion in reference to Case #87075 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 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 and the motion carried unanimously. Case #87575, Location of violation, 6611 Ft. Pierce Blvd., Ft. Pierce, FL, Property Owners, Ghazanfar Saeed and Mohammad Afzal. Ghazanfar Saeed, one of the property owners was sworn in by the Board’s Secretary. Officer Swartzel addressed the Board and stated for the record she is submitting five (5) photos dated April 18, 2016. She stated during her first inspection on April 18, 2016 she found 6611 Fort Pierce Blvd. to be in violation of 13.08.01, Section 304, Exterior Structure, the roof must be in go od repair and free from leaks, to hire a licensed roofer to repair the roof, and Section 13.08.01, Adopting Standard Housing Code, Section 305, Interior Surface, the interior ceiling must be in good repair and free from leaks, please repair. She stated she issued a letter and gave a compliance date of May 10, 2016. She stated she has had contact with the property owner and discussed ways to bring the property into compliance. She stated on May 12, 2016 7 she issued a Notice to Appear to the June Code Board. She stated as of May 31, 2016 the property still remains in violation and the property owner is here to ask for more time. Chairman Fogg asked Mr. Saeed if he is in violation. Mr. Saeed answered the problem was it was difficult dealing with those people (tenants) on getting his contractor and workers in. He stated he is very cooperative with Code Enforcement for the last seven (7) years Miss Lynn will verify that. Chairman Fogg asked so is that a yes you are in violation. Mr. Saeed answered he would say he was in violation but that has been repaired already and his contractor will submit the letter it has been repaired and there is no leak in the garage. He stated he will submit a letter to Miss Lynn Swartzel on Monday. He stated all the violations have been taken care of he only has to submit the letter that is has been repaired. Officer Swartzel stated the only thing to be repaired was the roof and the ceilings and we require a letter from the roofer that everything has been repaired and then she needs to do a walk through. Chairman Fogg asked Mr. Saeed if we could have all this done in sixty (60) days. Mr. Saeed answered in the affirmative. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case #87575 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 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 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. Taylor seconded and the motion carried. Case #87242, Location of violation, 7103 Pensacola Rd., Ft. Pierce, FL, Property Owners, Ghazanfar Saeed and Mohammad Afzal. Ghazanfar Saeed, one of the property owners was sworn in by the Board’s Secretary. Officer Swartzel addressed the Board and stated for the record she is submitting eight (8) photos dated March 17, 2016. She stated during her first inspection on March 17, 2016 she found 7103 Pensacola Rd. to be in violation of 11.05.01, Building and Sign Permits, to obtain a permit for the new a/c, garage door and electrical work, Section 13.08.01, Adopting Standard Housing Code, Section 304.15, Doors, the exterior doors and assemblies shall be maintained in good repair and tightly secure the door, 13.08.01, Adopting Standard Housing Code, Section 305, Interior Structure, the interior ceilings must be in good repair and free of holes, 13.08.01, Adopting Standard Housing Code, Section 604.3, Electrical System Hazards, to replace all missing switch and outlet covers, 13.08.01, Adopting Standard Housing Code, Article 704, Fire Protection Systems, replace all the smoke detectors that are missing and broken. She issued a letter and gave a compliance date of March 31, 2016. She stated she has had contact wit h the property owner and discussed ways to bring the property into compliance. She stated on April 18, 2016 she issued a Notice to Appear to the June Code Board. She further stated as of May 31, 2016 there is a permit that has been applied for, but not issued and the property still remains in violation. She noted the property owner is here to ask for more time. 8 Officer Williams addressed the Board and stated we have a few abates, on 11.05.01 the plumbing work has been abated, the next section 13.08.01, Section 505 has been abated, and the very last one, outside storage has also been abated. Mrs. Monahan stated but the smoke detector is still missing a battery. Mr. Saeed stated there are new smoke detectors all over the property. Chairman Fogg stated it appears these are all very easy things to take care of. Mrs. Monahan stated come on three (3) months. Mr. Saeed stated this was because of the family living there, he had to finally evict them and he has taken care of 95% of the things, his contractor has applied for the permit, it is in plan review, he truly believes as soon as the permit is applied he will call for inspection and everything is good to go. He stated they were really difficult tenants, they were really an eyesore to the neighbors too and they were fighting all the time which was the whole problem there. He stated they were staying in the garage, smoking all the time, neighbors were complaining. He stated thankfully he evicted them and everything is good to go. Chairman Fogg asked Mr. Saeed if this is a rental property. Mr. Saeed answered in the affirmative and stated the permit has been applied and everything is taken care of. He stated we have to call for the inspection just verify everything is done accordingly. Chairman Fogg asked Officer Swartzel you have not had an opportunity to go back and look at this have you. Officer Swartzel answered in the negative and stated we have to wait for permit to be applied for and issued. She stated when she went out to inspect the property that is when she found the new garage door, the a/c, and the electrical work that has been done without a permit. Mrs. Monahan stated but now the permit has been pulled. Officer Swartzel answered it has been applied for not issued. Mr. Saeed stated it should be issued tomorrow or the day after. Mr. Campion stated in other words the work that needed to be needed to be done has been done without having permits. Officer Swartzel answered yes sir. Mr. Campion asked Mr. Saeed if he used a contractor. Mr. Saeed answered yes sir. Chairman Fogg stated we are looking for a motion. Mr. Campion made a motion in reference to Case #87575 that the Code Enforcement Board makes the following determination: After hearing the facts in this case, the testimony, and th e 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 w ith by August 3, 2016, a fine of up to $250.00 per day may be imposed. The prosecution cost of $200.00 has been waived. Please take notice that on the 1st Wednesday of the month after the date given for compliance, at 9:00 am or soon 9 thereafter, as may be heard, a Fine Hearing will be held if the violation is not abated by the given compliance date. Mr. Taylor seconded and the motion carried. Case #86676, Location of violation, 5511 Sunset Blvd., Ft. Pierce, FL, Property Owner, Grover R. Fasnacht Jr. Grover R. Fasnacht Jr., property owner was sworn in by the Board’s Secretary. Officer Brubaker addressed the Board and stated for the record she is submitting two (2) photos, one (1) dated May 23, 2016 and one (1) dated May 31, 2016. She stated durin g her first inspection she found 5511 Sunset Blvd. in violation of 11.05.01, a structure was built without a permit. She stated she issued a letter and gave a compliance date of February 3, 2016. She noted she has had contact with the owner and discussed the ways to correct the violation and as of May 31, 2016 the property does remain in violation and he is here to ask for more time. Chairman Fogg asked Mr. Fasnacht are you in violation or not. Mr. Fasnacht answered yes sir. Chairman Fogg asked Mr. Fasnacht to tell the Board his plan. Mr. Fasnacht answered he understands that he needs to hire an architect, or engineer, or somebody to draw him a set of plans for the little fort he built for his grandson. Chairman Fogg stated evidently you were served back on January 20, 2016. Mr. Fasnacht answered he believes so. Chairman Fogg stated so it has been about six (6) months, you have been a busy person or dragging your feet. Mr. Fasnacht answered he has no excuse for that. He stated to be honest he did not get the letter, his daughter got the letter out of the mail and he did not get it at first. He stated he is in the wrong. Chairman Fogg stated but you are on top of it now and can get it done. Mr. Fasnacht answered in the affirmative and stated he just got a quote from the last architect that was in here. He stated he is going try to get someone in the next couple of days to draw him a set of plans. Chairman Fogg stated thank you we will see what we can do here. He asked the Board if there are any questions from anybody, we are looking for a motion. Mr. Hofmann made a motion in reference to Case #86676 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 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. Taylor seconded and the motion carried unanimously. 10 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______ 86336 100 SW Airoso Blvd., Port St. Lucie Jeremy M Neil and Purvis M. Amin 86288 140 SE Celestia Ct., Port St. Lucie Cameron B. Massey 87312 7302 Lakeland Blvd., Ft. Pierce Gholamreza Torkaman 87145 3183 N US Hwy. 1, Ft. Pierce Fred J. Votino Jr. 87146 3183 N US Hwy. 1, Ft. Pierce Canvas Works 86729 6012 Tangelo Dr., Ft. Pierce Angela D. Adams 85668 5610 Winter Garden Pkwy., Ft. Pierce A+ Fence Company of the Treasure Coast 86745 2856 Eagle Nest Way, Port St. Lucie A/C Mann Inc. 86747 13507 NW Coco Plum Ct., Palm City A/C Mann Inc. 86748 349 SE Verada Ave., Port St. Lucie A/C Mann Inc. 86749 130 N. Naranja Ave., Port St. Lucie A/C Mann Inc. 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/he r that the Board adopt the recommendation of staff as set forth on the agenda. Mr. Hofmann seconded and the motion carried unanimously. IX. FINE HEARING: Case #85968, Location of violation, Next to 5717 Cassia Dr., Ft. Pierce, FL, Property Owner, Tarpon IV LLC. There was no one present to represent the property owner. Officer Brubaker addressed the Board and stated this case was found in default at the April 2016 Code Board and given until May 6, 2016 to come into compliance. She stated for the record she is submitting four (4) photos, one (1) dated November 2, 2015, one (1) dated April 4, 2016, one (1) dated May 9, 2016 and one (1) dated May 31, 2016. She stated during her first inspection she found the property next to 5717 Cassia Dr. in violation of Section 38-97, Overgrowth. She issued a letter and gave a compliance date of November 19, 2015. She stated she has had no contact with the owner and as of May 31, 2016 the property is still in violation. Chairman Fogg stated we are looking for a motion. Mr. Murdock made a motion in reference to Case No. 85968 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting May 7 , 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried. Case #86171, Location of violation, 2125 Esplande Ave., Ft. Pierce, FL, Property Owners, Corby S. and Bonnie M. Henderson. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record, she is submitting seven (7) photos all dated November 19, 2015. She stated this case was brought to the April Code Board for being in violation of Ordinance 13.09.00, Exterior Property Maintenance, for the screen enclosure, Ordinance 13.08.01, Standard Housing Code, Interior Structure, the ceiling, walls and floor must be in good repair and sound, and Section 11 38-97, Excessive overgrowth of grass and weeds. She stated the Board found the case in default since no one was present to represent the property owner. She noted the Board gave a compliance date of May 6, 2016. She stated as of May 3, 2016, she has not had any contact with the property owner and propert y is still in violation. 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 No. 86171 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that the violation still exists, after considering the gravity of the violation, the actions if any taken by the violator to correct the violation and any previous violations, we make the following determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting May 7, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan 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. 85252, Location of violation, 6251 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Sealrite Pavers Inc. Fine Reduction requested by Richard E. Berry, Atlantic Hardscape Supply Inc. Richard E. Berry and Tim Berry, the property owners were sworn in by the Board’s Secretary. There was discussion among the Board, staff, Richard E. Berry, and Tim Berry regarding the fine reduction request for the property. Chairman Fogg stated we are looking for a motion. 1st Motion: Mr. Taylor made a motion in reference to Case #85252 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. This reduced fine must be paid within thirty (30) days of this hearing or the fine will revert back to original fine of $10,000.00. There was no second and the motion failed. 2nd Motion: Mr. Taylor made a motion in reference to Case #85252 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. Mrs. Monahan seconded and the motion carried. Case No. 86421, Location of violation, 210 Essex Dr., Ft. Pierce, FL, Property Owner, Bertha M. McDonald. Fine Reduction requested by Patricia Carter (daughter of Bertha M. McDonald who is deceased). Patric ia Carter was sworn in by the Board’s Secretary. There was discussion among the Board, staff, and Patricia Carter regarding the fine reduction request for the property. 12 Chairman Fogg stated we are looking for a motion. Mr. Taylor made a motion in reference to Case #86421 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. Mrs. Monahan seconded and the motion carried unanimously. XIII. OTHER BUSINESS: None. XIV. STAFF BUSINESS: None. ADJOURN: There was no further business and the meeting was adjourned at 10:21 a.m.