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HomeMy WebLinkAboutCEB082016Minutes Code Enforcement Board Minutes - Final Draft August 3, 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 9:01 a.m., by Mr. Murdock. II. PLEDGE TO THE FLAG All those present rose to pledge allegiance to the flag. III. ROLL CALL PRESENT Vice-Chair………………….……………………………….……….......Mr. Randy Murdock Board Members...…………………………………………………….….Mr. Ray Hofmann ………………………………………………………………………….. Mrs. Margaret Monahan …………………………………………………………………………...Mr. Wes Taylor …………………………………………………………………………...Mr. Patrick Campion …………………………………………………………………………...Mr. Brad Currie Board Attorney…………………………………………………….…….Mr. Jack Krieger ABSENT Mr. Ralph Fogg. IV. APPROVAL OF MINUTES – JUNE 1, 2016 Mr. Currie made a motion to accept the minutes of JUNE 1, 2016. Mr. Campion 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 Plans Examiner..……….…………………………………….…………..Ed Roseberry Code Enforcement Supervisor…………………………………………...Danielle Williams Code Enforcement Officer ……………………………………………....Melissa Brubaker ……………………………………………………………………………Lynn Swartzel …………………………………………………………………………....Monica Vargas Barrios ……………………………………………………………………………Bea Goycochea ……………………………………………………………………………Mirlande Moise Board Secretary.………………………………………………………….Debbie Isenhour Monica Graziani, Ed Roseberry, Danielle Williams, Melissa Brubaker, Lynn Swartzel, Monica Vargas Barrios, Bea Goycochea and Mirlande Moise were sworn in. VI. PUBLIC COMMENTS None. 2 VII. CONSENT AGENDA Rescinding of Findings of Fact, Conclusion of Law and Order Rescinding of Findings of Fact, Conclusion of Law and Order – Gholamreza Torkaman – Case No. 87312 Satisfaction of Fine and Release of Lien Satisfaction of Fine and Release of Lien – Bertha McDonald – Case No. 86421 Request for Fine Reduction Hearing___________________________________________________ Request for Fine Reduction Hearing – Good Samaritan Ministries– Case No. 82469 Request for Fine Reduction Hearing – RWLS III LLC– Case No. 81403 Request for Fine Reduction Hearing – PNC Bank NA– Case No. 85046 Mr. Taylor made a motion to approve and accept staff’s recommendation as presented. Mr. Currie 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 87505 6811 Dickinson Ter., Port St. Lucie Latonya D. Wooden 87519 1012 Saeger Ave., Ft. Pierce Luz M. Cedeno, April Powell & Migdalia N. Cedeno 86914 4030 Greenwood Dr., Ft. Pierce Gosmay G. Blackwood (LF EST) 86517 1717 Linwood Ave., Ft. Pierce Nathan Futch 86501 2860 Brocksmith Rd., Ft. Pierce Randy Bowers 86655 101 E Arbor Ave., Port St. Lucie Gordon A. Weidner (EST) Case No. 86920 was heard first on the agenda: Case #86920, Location of violation, 160 SE Solaz Ave., Port St. Lucie, FL, Property Owner, Veronica A. Perez. Veronica A. Perez was sworn in by the Board’s Secretary. Officer Vargas Barrios addressed the Board and stated for the record she is submitting three (3) p ictures, one (1) dated February 18, 2016, one (1) dated July 7, 2016 and one (1) dated August 2, 2016. She stated on March 8, 2016, a Notice of Violation was sent to Veronica Perez, the property owner at 160 SE Solaz Ave. to please obtain a permit for the new front door and the shed with a correction date of March 25, 2016. She stated the property owner has contacted staff and requested and extension and staff granted an extension until May 6, 2016. She stated on June 8, 2016 a Notice to Appear was sent after not receiving any more communication and no permits were applied for. She stated on June 14, 2016 the certified notice was delivered. She stated on June 16, 2016 a permit for the front door was issued and this part of the case is now in compliance. She stated as of August 2, 2016 the shed remains on the property without a permit. She stated this is in violation of St. Lucie County Land Development Code, Section 11.05.01, Building and Sign permits. There was discussion among the Board, staff and Ms. Perez regarding the violation on the property. Vice-Chairman Murdock asked the Board if they had any questions of staff. Mr. Hofmann made a motion in reference to Case #86920 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 7, 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, 3 at 9:00 am or soon thereafter, as may be heard, a Fine Hea ring will be held if the violation is not abated by the given compliance date. Mr. Campion seconded and the motion carried unanimously. Case #82544, Location of violation, 7202 Cabana Ln., Ft. Pierce, FL, Property Owner, Melanie Vanhook. James Morris, Attorney for the property owner was present to represent her. Officer Vargas Barrios addressed the Board and stated for the record she is submitting a copy of the aerial and four (4) pictures, two (2) dated February 11, 2015, and two (2) dated August 1, 2016. She stated on February 19, 2015, a Notice of Violation was sent to Melanie Vanhook, the property owner at 7202 Cabana Ln., to please obtain a permit for the detached garage/structure and shed with a correction date of March 20, 2015. She stated on February 25, 2015, the property owner came in and met with the plan examiner Joe Cicio and myself. She stated staff explained the detached garage/structure would need to be removed completely or move it from where it is at to a different location on the property and permit it or to request a variance to be able to leave it where it is. She stated if the variance is approved a building permit would still be needed and the smaller shed just needs a building permit. She stated the property owner decided to apply for the variance to be able to keep the detached garage/structure where it is at. She stated staff has had good communication from Mr. Morris who is representing the property owner and the variance procedure was explained to him. She stated on January 27, 2016, the variance was approved. She noted Mr. Morris has been in contact with staff and staff has explained to him a building permit is now needed. She stated on July 5, 2016 a Notice to Appear was sent as no permits have been applied for. She further stated on July 8, 2016 the certified notice was delivered. She stated as of August 2, 2016, the detached garage/structure and shed remains on the property without a building permit. She stated this is in violation of St. Lucie County Land Development Code, Section 11.05.01, Building and Sign permits. There was discussion among the Board, staff and Mr. Morris, regarding the violation on the property. Vice-Chairman Murdock asked the Board if they had any questions of staff and stated can we have a motion. Mr. Hofmann made a motion in reference to Case #82544 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 November 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 violation is not abated by the given compliance date. Mr. Taylor seconded and the motion carried unanimously. Case #87338, Location of violation, 805 North Lake Dr., Apt. A, Ft. Pierce, FL, Property Owners, Richard and Ann T. Capelli. Richard Capelli, was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is submitting seven (7) photos, four (4) dated March 29, 2016 and three (3) dated August 2, 2016. She stated on March 29, 2016 she found 805 North Lake Dr. Apt. A, in violation of Section 38-26, outside storage of items and materials. She issued a letter on March 30, 2016 with a compliance date of April 13, 2016. She stated after getting no compliance and having no contact, she issued a certified Notice to Appear letter for the August 3, 2016 Code Board meeting. She noted the certified letter was signed for on June 29, 2016. She stated on July 18, 2016, Richard Capelli contacted her and informed her that the tenant was made aware of the violations and was working on cleaning up the outside storage. She stated as of August 2, 2016 the property is still in violation. 4 There was discussion among the Board, staff and Mr. Capelli regarding the violation on the property. Vice-Chairman Murdock asked the Board for a motion. Mrs. Monahan made a motion in reference to Case #87338 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 31, 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. Case #86858, Location of violation, 805.North Lake Dr., Apt. C, Ft. Pierce, FL, Property Owners, Richard and Ann T. Capelli. Richard Capelli, was sworn in by the Board’s Secretary. Officer Goycochea addressed the Board and stated for the record, she is submitting two (2) photos dated February 4, 2016. She stated on February 4, 2016, she found 805 North Lake Dr. Apt. C in violation of d Ordinance 11.05.01, Building and Sign Permits, to obtain the proper permits for converting the garage into habitable space. She issued a letter on February 5, 2016 with a compliance date of February 19, 2016. She stated on March 17, 2016, a permit to repair the roof was issued and has since been finalized. She stated after receiving no compliance for converting the unit into habitable space, she issued a certified Notice to Appear letter for the August 3, 2016 Code Board meeting. She noted the certified letter was signed for on June 29, 2016. She stated on July 18, 201, Richard Capelli contacted her and asked her for ways to remedy the violation. She stated the property is still in violation and he has been in contact with a plans examiner and is here to ask for more time. There was discussion among the Board, staff and Mr. Capelli regarding the violation on the property. Vice-Chairman Murdock asked the Board for a motion. Mr. Taylor made a motion in reference to Case #86858 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 December 15, 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 pro secuting 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 and the motion carried unanimously. The Hall was sounded and Mr. Hofmann 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______ 87289 13490 Orange Ave., Ft. Pierce Dylan G. Jason 87725 1008 Shorewinds Dr. A, Ft. Pierce US Bank NA 87550 2703 Cherokee Ave., Ft. Pierce Scott A. Hudson 87567 3183 N US Hwy. 1, Ft. Pierce Fred J. Votino Jr. 87566 3183 N US Hwy. 1, Ft. Pierce Canvas Works 5 87859 7205 Sebastian Rd., Ft. Pierce Richard G. Zundel 87532 709 Easy St., Ft. Pierce Noam Holdings LLC 87392 9024 Champions Way, Port St. Lucie Gertrude Maxwell (EST) 87168 960 Gopher Ridge Rd., Ft. Pierce Eliete Costa and Lima Davis 87817 Business Park Dr. Lot 7, Port St. Lucie Promenade On The River LLC 87818 Business Park Dr. Lot 8, Port St. Lucie St. Lucie Riviera LLC 87820 Business Park Dr. Lot 9, Port St. Lucie Promenade On The River LLC 87292 5811 Spruce Dr., Ft. Pierce Daneal V. Frank Jr. Mr. Taylor made a motion in reference to the cases read into the record that the Code Enforcement Board enter an Order of Finding against the violator finding the violator in default and if the violator does not appear to contest the violations against him/her that the Board adopt the recommendation of staff as set forth on the agenda. Mr. Campion seconded and the motion carried unanimously. IX. FINE HEARING: Case #86928, Location of violation, 801 S 33rd St., Ft. Pierce, FL, Property Owner, Donald L. Moore. There was no one present to represent the property owner. Officer Williams addressed the Board and stated for the record she is submitting three (3) photos dated February 18, 2016, one (1) photo dated April 4, 2016 and six (6) photos dated August 1, 2016. She stated on February 18, 2016, former Officer Matos found the property in violation of Section 38-26, for having unserviceable vehicles and outside storage of items and materials of auto parts, etc. She stated after getting no compliance, on March 16, 2016, a Notice to Appear before the April 6, 2016 Board meeting was issued. She stated at the April 6, 2016 meeting, Mr. Moore was present. She noted the Board found the property in violation and gave until August 1, 2016 to bring the property into compliance. She further stated as of today’s date, the property is still in violation. Vice-Chairman Murdock asked the Board for a motion. Mrs. Monahan made a motion in reference to Case No. 86928 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 August 2, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried. Case #87156, Location of violation, 1206 W Joy Ln., Ft. Pierce, FL, Property Owners, Alejandro and Maria Campos. There was no one present to represent the property owner. Officer Williams addressed the Board and stated for the record, she is submitting two (2) photos dated March 7, 2016, two (2) photos dated April 22, 2016, two (2) photos dated May 3, 2016, and five (5) photos dated August 1, 2016. She stated on March 7, 2016, former Officer Matos found the property in violation of Section 38-97, for having excessive overgrowth of grass and weeds, Section 38-26, for an having unserviceable vehicle and outside storage of items and materials such as tires, auto parts, applia nces, and other miscellaneous items. She stated after getting no compliance, on April 5, 2016, a Notice to Appear before the May 4, 2016 Board meeting was issued. She stated at the May 4, 2016 meeting, no one was present. She stated the Board found the property in violation and gave until June 3, 2016 to bring the property into compliance. She noted as of August 1, 2016, the property is still in violation. Vice-Chairman Murdock asked the Board for a motion. 6 Mr. Campion made a motion in reference to Case No. 87156 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 June 4, 2016 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #84521, Location of violation, Tampa Trail – San Lucie Plaza, Ft. Pierce, FL, Property Owner, Cira Estevez. Cira Estevez. Tatiana Estevez (daughter of property owner) was sworn in by the Board’s Secret ary. Officer Swartzel addressed the Board and stated for the record, she is submitting six (6) photos dated July 22, 2015 and submitting two (2) photos dated August 1, 2016. She stated Tampa Trail in San Lucie Plaza was brought to the February 3, 2016 Code and found in violation of Section 38-26, Outside Storage, to remove items such as storage containers, truck parts, barrels, etc. and 38-26, Unserviceable Vehicles, to repair or remove the unserviceable vehicles from the property. She stated the Board gave a compliance date of June 10, 2016. She stated she and Officer Williams have met with the property owner since the Code Board meeting and discussed ways to bring the property into compliance. She noted as of August 2, 2016 this property still remains in violation. There was discussion among the Board, staff, and Tatiana Estevez regarding the violations on the property. Vice-Chairman Murdock asked the Board for a motion. Mr. Hofmann made a motion in reference to Case No. 84521 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 September 1, 2016 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #84523, Location of violation, Shawnee Ave. – San Lucie Plaza, Ft. Pierce, FL, Property Owner, Cira Estevez. Cira Estevez. Tatiana Estevez (daughter of property owner) was sworn in by the Board’s Secretary. Officer Swartzel addressed the Board and stated for the record, she is submitting six (6) photos dated July 22, 2015 and submitting two (2) photos dated August 1, 2016. She stated Shawnee Ave. in San Lucie Plaza was brought to the February 3, 2016 Code and found in violation of Section 38-26, Outside Storage, to remove items such as storage containers, truck parts, barrels, etc. and 38-26, Unserviceable Vehicles, to repair or remove the unserviceable vehicles from the property. She stated the Board gave a compliance date of June 10, 2016. She stated she and Officer Williams have met with the property owner since the Code Board meeting and discussed ways to bring the property into compliance. She noted as of August 2, 2016 this property still remains in violation. There was discussion among the Board, staff, and Tatiana Estevez regarding the violations on the property. Vice-Chairman Murdock asked the Board for a motion. Mr. Hofmann made a motion in reference to Case No. 84523 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 September 1, 2016 with a maximum fine not to exceed $5,000.00. 7 Mrs. Monahan seconded and the motion carried unanimously. Case #86716, Location of violation, 7205 Sebastian Rd., Ft. Pierce, FL, Property Owner, Richard G. Zundel. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting three (3) photos, one (1) dated January 14, 2016, one (1) dated April 26, 2016 and one (1) dated August 1, 2016. She stated 7205 Sebastian Rd. was brought to the May 4, 2016 Code Board and found in default of 13.08.01, Adopting Standard Housing Code, Section 304.10, Stairways, Decks, Porches and Balconies, every exterior stairway, deck, porch and balcony shall be maintained, structurally sound and in good repair, with proper anchorage and capable of supporting the imposed loads, to repair the deck in the backyard or remove. She stated the Board gave a compliance date of June 3, 2016. She stated she has had no contact with the property owners and as of August 2, 2016 this property still remains in violation. Vice-Chairman Murdock asked the Board for a motion. Mr. Taylor made a motion in reference to Case No. 86716 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 June 4, 2016 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #86929, Location of violation, 7500 Winter Garden Pkwy., Ft. Pierce, FL, Property Owner, Karen Thompson. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting six (6) photos, three (3) dated February 10, 2016, one (1) dated April 26, 2016, and two (2) photos dated August 1, 2016. She stated 7500 Winter Garden Pkwy., was brought to the May 4, 2016 Code Board and found in default of 11.05.06, Vegetation Permit Required, a vegetation permit is required to remove trees in St. Lucie County, please obtain an after the fact vegetation removal permit. She stated the Board gave a compliance date of June 3, 2016. She stated she has had no contact with the property owner since the Code Board and as August 2, 2016, no vegetation permit has been applied for and the property is still in violation. Vice-Chairman Murdock asked the Board for a motion. Mr. Taylor made a motion in reference to Case No. 86929 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 viola tion, 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 June 4, 2016 with a maximum fine not to exceed $5,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #86117, Location of violation, 2814 Antony St., Ft. Pierce, FL, Property Owner, Marjorie C. Clendenin (EST). There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting six (6) photos , one (1) dated November 18, 2015, one (1) dated April 26, 2016 and four (4) photos dated August 1, 2016. She stated 2814 Anthony St. was brought to the May 4, 2016 Code Board and found in default of 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, please replace the torn screening on the screen room, Section 13.09.00, Exterior Property Maintenance, Section 303.2, Protective Treatment, please fix all of the 8 exterior wood on the home as it is rotten, and 13.09.00 Exterior Property Maintenance, Section 303.2 Protective Treatment, please replace the missing soffit on the house. She stated the Board gave a compliance date of June 3, 2016 and as of August 2, 2016 this property still remains in violation. Vice-Chairman Murdock asked the Board for a motion. Mr. Taylor made a motion in reference to Case No. 86117 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 June 4, 2016 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #87145, Location of violation, 3183 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Fred Votino Jr. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting four (4) photos, one (1) dated May 27, 2016, and three (3) dated August 1, 2016. She stated 3183 N US Hwy. 1, was brought to the June 1, 2013 Code Board and found in default of Section 11.05.00, Procedure for Obtaining Development Permits, no zoning compliance for the boat canvas business, and Section 12-82, Business Tax Receipt, no Business Tax Receipt for the business. She stated the Board gave a compliance date of July 8, 2016. She stated she has had no contact with the tenants and has had contact with the property owner. She stated the property owner was under the impression the tenants were in the process of obtaining the licenses. She stated as of August 2, 2016, no zoning compliance permits have been applied for and the property still remains in violation. Vice-Chairman Murdock asked the Board for a motion. Mr. Campion made a motion in reference to Case No. 87145 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 9, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #87146, Location of violation, 3183 N US Hwy. 1, Ft. Pierce, FL, Tenant, Canvas Works. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record, she is submitting four (4) photos, one (1) dated May 27, 2016, and three (3) dated August 1, 2016. She stated 3183 N US Hwy. 1, was brought to the June 1, 2013 Code Board and found in default of Section 11.05.00, Procedure for Obtaining Develo pment Permits, no zoning compliance for the boat canvas business, and Section 12 -82, Business Tax Receipt, no Business Tax Receipt for the business. She stated the Board gave a compliance date of July 8, 2016. She stated she has had no contact with the tenants and has had contact with the property owner. She stated the property owner was under the impression the tenants were in the process of obtaining the licenses. She stated as of August 2, 2016, no zoning compliance permits have been applied for and the property still remains in violation. Vice-Chairman Murdock asked the Board for a motion. Mr. Campion made a motio n in reference to Case No. 87146 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 9 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 9, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #86850, Location of violation, 117 Imperial Way, Ft. Pierce, FL, Property Owners, Christopher J. and Paula M. Hall. There was no one present to represent the property owner s. Officer Swartzel addressed the Board and stated for the record, she is submitting four (4) photos, one (1) taken by Officer Barrios December 30, 2015, one (1) dated April 26, 2016 and two (2) dated August 1, 2016. She stated 117 Imperial Way was brought to the May 4, 2016 Code Board and found in default of 13.09.00, Exterior Property Maintenance Code, Section 302.7, Accessory Structures, all fences shall be maintained structurally and in good repair and Section 38-97, Overgrowth, to mow and maintain the entire property. She stated the Board gave a compliance date of June 3, 2016. She has had no contact with the property owners and as of August 2, 2016 this property still remains in violation. Vice-Chairman Murdock asked the Board for a motion. Mrs. Monahan made a motion in reference to Case No. 86850 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 foll owing determination: A fine of $250.00 per day shall be imposed for each day the violation exists starting June 4, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. Case #86195, Location of violation, 631 Glenview Ave., Ft. Pierce, FL, Property Owner, Claudia Z. Sargent. There was no one present to represent the property owner. Officer Goycochea addressed the Board and stated for the record, she is submitting two (2) photos, one (1) dated December 18, 2015 and one (1) dated April 25, 2016. She stated this case was brought to the May 4, 2016 Code Board for being in violation of Ordinance 11.05.01, Building and Sign Permits, to obtain a permit for the office trailer. She stated the Board found the case in default since no one was present and the Board gave a compliance date of June 3, 2016. She stated Trent Ebner (representative for the property owner Claudia Sargent) came in on June 6, 2016 and stated that the trailer would be removed from the property soon. She stated Mr. Ebner did not give a date as to when. She stated having no contact with him on July 5, 2016, the trailer was no longer on the property. She noted the property was in violation for thirty-two (32) days. Vice-Chairman Murdock asked the Board for a motion. Mr. Currie made a motion in reference to Case No. 86195 that the Code Enforcement Board makes the following determination: The case has been abated an no fine is imposed. Mr. Taylor seconded and the motion carried unanimously. Case #86288, Location of violation, 140 SE Celestia Ct., Port St. Lucie, FL, Property Owner, Cameron B. Massey. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record, she is submitting four (4) photos, one (1) dated December 7, 2015, two (2) dated May 23, 2016, and one (1) dated August 2, 2016. She stated this case was brought to the June 1, 2016 Code Board for being in violation of Section 13.08.01, Standard Building Code, Section 304.1, Exterior Structure, the roof is leaking and admitting rain. She stated the Board found the case in default since no one was present and the Board gave a compliance date of July 8, 2016. 10 She stated staff has not had any contact with the property owner and as of August 2, 2016, the property is still in violation. Mr. Taylor made a motion in reference to Case No. 86288 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 9, 2016 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #86023, Location of violation, 2706 Bennett Dr., Ft. Pierce, FL, Property Owner, Toborrius A. Stevens. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record, she is submitting two (2) pictures, one (1) taken on November 18, 2015, one (1) taken March 29, 2016 and a copy of the property appraiser sketch. She stated this property was brought before the Code Enforcement Board April 6, 2016 and was found in violation of St. Lucie County Land Development Code, 11.05.01, Building and Sign Permits, for not having a permit for removing the glass door and enclosing the wall in the front of the property. She stated the contractor Mr. Rod Waller was present at the meeting and the board gave a compliance date of July 7, 2016. She stated on April 18, 2016, the permit was applied for. She noted the permit was ready for the contractor to pick up since April 20, 2016. She stated staff contacted the contractor and he explained the owner was hospitalized. She stated on July 15, 2016 the permit was issued. She stated the case is now closed and was in violation for fourteen (14) days. She stated staff is requesting for the Board to please not to impose any fines due to the circumstances. Vice-Chairman Murdock asked the Board for a motion. Mr. Currie made a motion in reference to Case No. 86023 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, and the report of staff with regard to the existence of a violation, we determine that the violation has been abated and no fine is imposed. Mr. Hofmann seconded and the motion carried unanimously. Case #86751, Location of violation, 13507 NW Wax Myrtle Trail, Palm City, FL, Contractor, A/C Mann Inc. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record, she is re-submitting a copy of the expired permit inspection card. She stated this case was brought before the Code Enforcement Board on May 4, 2016 and it was found in violation of St. Lucie County Land Development Code, 11.05.01 A (2) a, Time Limitations of Building Permits by default as the contractor A/C Mann Inc. did not appear for the hearing. She stated the Board gave a compliance date of June 3, 2016. She stated on June 6, 2016 the permit was issued, the case was in violation for three (3) days. Vice-Chairman Murdock asked the Board for a motion. Mrs. Monahan made a motion in reference to Case No. 86751 that the Code Enforcement Board makes the following determination: After hearing the facts in the case, the testimony, and the report of staff with regard to the existence of a violation, we determine that the violation has been abated and no fine is imposed. Mr. Currie seconded and the motion carried unanimously. 11 Case #86752, Location of violation, 12819 NW Cinnamon Way, Palm City, FL, Contractor, A/C Mann Inc. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record, she is re-submitting a copy of the expired permit inspection card. She stated this case was brought before the Code Enforcement Board on May 4, 2016 and it was found in violation of St. Lucie County Land Development Code, 11.05.01 A (2) a, Time Limitations of Building Permits by default as the contractor A/C Mann Inc. did not appear for the hearing. She stated the Board gave a compliance date of June 3, 2016 and as of August 3, 2016 the permit remains expired. Vice-Chairman Murdock asked the Board for a motion. Mr. Campion made a motion in reference to Case No. 86752 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 Ju ne 4, 2016 with a maximum fine not to exceed $10,000.00. Mrs. Monahan seconded and the motion carried unanimously. Case #86745, Location of violation, 2856 Eagle Nest Way, Port St. Lucie, FL, Contractor, A/C Mann Inc. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record, she is re -submitting a copy of the expired permit inspection card. She stated this case was brought before the Code Enforcement Board on June 1, 2016 and it was found in violation of St. Lucie County Land Development Code, 11.05.01 A (2) a, Time Limitations of Building Permits by default as the contractor A/C Mann Inc. did not appear for the hearing. She stated the Board gave a compliance date of July 8, 2016 and as of August 3, 2016 the permit remains expired. Vice-Chairman Murdock asked the Board for a motion. Mr. Taylor made a motion in reference to Case No. 86745 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 Ju ly 9, 2016 with a maximum fine not to exceed $5,000.00. Mr. Campion seconded and the motion carried unanimously. Case #86747, Location of violation, 13507 NW Coco Plum Ct., Palm City, FL, Contractor, A/C Mann Inc. There was no one present to represent the property owner. Officer Vargas Barrios addressed the Board and stated for the record, she is re -submitting a copy of the expired permit inspection card. She stated this case was brought before the Code Enforcement Board on June 1, 2016 and it was found in violation of St. Lucie County Land Development Code, 11.05.01 A (2) a, Time Limitations of Building Permits by default as the contractor A/C Mann Inc. did not appear for the hearing. She stated the Board gave a compliance date of July 8, 2016 and as of August 3, 2016 the permit remains expired. Vice-Chairman Murdock asked the Board for a motion. Mr. Campion made a motion in reference to Case No. 86747 that the Code Enforcement Board makes the following determination: After hearing testimony, the facts in the case, and the report of staff that 12 the violation still exists, after considering the grav ity 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 Ju ly 9, 2016 with a maximum fine not to exceed $5,000.00. Mr. Taylor seconded and the motion carried unanimously. X. REPEAT VIOLATION: Case #88842, Location of violation, 4591 N US Hwy. 1, Ft. Pierce, FL, Property Owner, Plainsman Investments LLC. There was no one present to represent the property owner. Officer Swartzel addressed the Board and stated for the record she is submitting ten (10) photos, four (4) taken by her dated July 14, 2016, July 29, 2016, August 1, 2016, and August 2, 2016. She also submitted six (6) taken by Officer Moise dated July 18, 2016, July 19, 2016, July 21, 2016, July 22, 2016, July 25, 2016 and July 26, 2016. She stated 4591 N US Hwy. 1 was originally brought to the February 3, 2016 Code Board and was found in violation of 11.05.00, Procedure for Obtaining Development Permits, a Zoning Compliance permit must be obtained and the property must be brought up to current codes to park and store trailers/campers etc. She stated on July 14, 2016 she found 4591 N US Hwy. 1 to be in violation again of 11.05.00, Procedure for Obtaining Development Permits. She issued a repeat violation letter to appear to the August 3, 2016 Code Board. She further stated she has had no contact with the property owners and as of August 2, 2016 the property remains in violation. There was discussion among the Board and staff regarding the repeat violation on the property. Vice-Chairman Murdock asked the Board for a motion. Mrs. Monahan made a motion in reference to Case No. 88842 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 previously committed has been repeated, 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 $500.00 per day shall be imposed for each day the violation exists starting July 14, 2016 with a maximum fine not to exceed $10,000.00. A cost of $200.00 has been imposed as the cost for prosecuting this case. Mr. Currie and the motion carried unanimously. XI. REFERRAL TO THE BOARD OF COUNTY COMMISSIONERS: None. XII. FINE REDUCTION HEARING Case No. 83537, Location of violation, 4000 Sloan Rd., Ft. Pierce, FL, Property Owners, James A. and Mary D. Edwards. Fine Reduction requested by James A. Edwards. James A. Edwards, the property owner was sworn in by the Board’s Secretary. There was discussion among the Board, staff, and Mr. Edwards regarding the fine reduction request for the property. Vice-Chairman Murdock asked the Board for a motion. Mr. Currie made a motion in reference to Case #83537 that the Code Enforcement Board makes the following determination: The fine of $5,000.00 and prosecution cost of $200.00 imposed by the Code Enforcement Board is hereby reduced to the amount of zero. Mr. Campion seconded and the motion carried unanimously. 13 Case No. 58036, Location of violation, 421 Oleander Ave., Port St. Lucie, FL, Property Owners, Thelsuma Xavier and Tamara Vincent. Fine Reduction requested by Jorge Rodriguez. Perkins Xavier and Jorge Rodriguez were sworn in by the Board’s Secretary. There was discussion among the Board, staff, Mr. Rodriguez, and Mr. Xavier regarding the fine reduction request for the property. Vice-Chairman Murdock asked the Board for a motion. Mr. Campion made a motion in reference to Case #58036 that the Code Enforcement Board makes the following determination: The fine of $10,000.00 and prosecution cost of $125.00 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 the original fine of $10,000.00 and prosecution cost of $125.00. Mr. Currie seconded and the motion carried unanimously. XIII. OTHER BUSINESS: Danielle Williams, Code Enforcement Supervisor introduced our new Code Enforcement Officer Mirlande Moise to the Board. The Board welcomed her. XIV. STAFF BUSINESS: None. ADJOURN: There was no further business and the meeting was adjourned at 10:49 a.m.