CODE ENFORCEMENT BOARD MEETING Wednesday, August 12, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida AGENDA

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1 1. CALL TO ORDER CODE ENFORCEMENT BOARD MEETING Wednesday, August 12, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida 2. PLEDGE OF ALLEGIENCE 3. PRELIMINARY MATTERS AGENDA A) Adoption of Minutes July 8, 2015 B) Agenda Additions, Deletions and Adoption 4. EVIDENTIARY HEARINGS A) Citation Appeals a. CASE #15-CE-5519 / 0657T VIOLATOR: Timothy McNamee VIOLATION: Operating a guesthouse and transient quarters in a residential zone VIOLATION ADDRESS: 1350 Indian Mound Trail, Vero Beach, Florida b. CASE #15-CE-5838 / 1803 VIOLATOR: Jerry Fulchini VIOLATION: Unlicensed contracting; Failure to apply for building permit VIOLATION ADDRESS: th Avenue, Vero Beach, Florida c. CASE #15-CE-5920 / 1804 VIOLATOR: Frank Loya, Jr. VIOLATION: Unlicensed contracting; Failure to apply for building permit VIOLATION ADDRESS: 4804 Bethel Creek Drive #2, Vero Beach, Florida d. CASE #15-CE-5921 / 1806 VIOLATOR: Steven B. Thurn VIOLATION: Licensed contractor or owner hiring unlicensed contractor; Failure to apply for building permit VIOLATION ADDRESS: 4804 Bethel Creek Drive #2, Vero Beach, Florida

2 e. CASE #15-CE-5681 / 539M VIOLATOR: Irene Snyder REPRESENTATIVE: Barry Segal, Esquire VIOLATION: Operating a boarding house VIOLATION ADDRESS: 655 Banyan Road, Vero Beach, Florida f. CASE #15-CE-5622 / 0600T VIOLATOR: John M. Norkus REPRESENTATIVE: Barry G. Segal, Esquire VIOLATION: Operating a guesthouse and transient quarters in a residential zone VIOLATION ADDRESS: 1220 Olde Doubloon Drive, Vero Beach, Florida B) Notice of Assessment Appeals a. CASE # 15-CE-5708 / 550M VIOLATOR: Frances Jenkins/Tropical Auto Brokers and William E. Eyre VIOLATION: Vehicles on the property outside approved display area; no current business tax receipt VIOLATION ADDRESS: 2410 US1, Vero Beach, Florida PAID $50.00 INITIAL PENALTY 7/17/15 C) Non-Compliance Reports 1. Request for Board Order a. CASE #15-CE-5706 / 0599T VIOLATOR: Joshua and Gloria Jenkins / Dagwoods VIOLATION: Construction without a permit or site plan approval VIOLATION ADDRESS: th Street, Vero Beach, Florida REPEAT VIOLATION - $ b. CASE #15-CE-5770 / 569M VIOLATOR: Justin Russ and Randall Flinchum VIOLATION: Garage being used as a residence; boat, jet skis, and trailers parked in the front yard; mail truck does not have a current license plate VIOLATION ADDRESS: th Avenue, Vero Beach, Florida PAID $50.00 INITIAL PENALTY 6/26/15 2

3 c. CASE #15-CE-5637 / 0592T VIOLATOR: Lawrence W. Thompson VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches; unsheltered storage of stripped, junked, inoperable, unlicensed motor vehicle VIOLATION ADDRESS: nd Avenue, Vero Beach, Florida d. CASE #15-CE-5602 / 526M VIOLATOR: J. T. and Jordan Wakeland VIOLATION: Deck, windows, and addition added without code compliance or building permit VIOLATION ADDRESS: 735 Royal Palm Boulevard, Vero Beach, Florida PAID $50.00 INITIAL PENALTY 4/30/15 e. CASE #15-CE-5670 / 535M VIOLATOR: Citimortgage / Cecil R. Bays VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches throughout the property; household garbage and debris throughout the property VIOLATION ADDRESS: th Avenue, Vero Beach, Florida f. CASE #15-CE-5731 / 643M VIOLATOR: Paul Price and Judith J. Warr VIOLATION: Sheds and fence installed without Code compliance certification or building permits VIOLATION ADDRESS: rd Avenue, Vero Beach, Florida PAID $50.00 INITIAL PENALTY 7/27/15 g. CASE #15-CE-5860 / 714M VIOLATOR: Learning Garden VIOLATION: Prohibited signs VIOLATION ADDRESS: 2715 Atlantic Boulevard, Vero Beach, Florida h. CASE #15-CE-5796 / 0668T VIOLATOR: Titone Properties, LLC VIOLATION: Trash and debris throughout the property; broken windows VIOLATION ADDRESS: th Avenue, Vero Beach, Florida

4 i. CASE #15-CE-5775 / 0667T VIOLATOR: Bank of America VIOLATION: Grass, weeds, and undergrowth in excess of 12 inches; garbage, rubbish and trash strewn throughout the property VIOLATION ADDRESS: 905 Coquina Lane, Vero Beach, Florida j. CASE #15-CE-5451 / 488M VIOLATOR: The Saussi Pig c/o Airport Chevron / Tashiema Brown VIOLATION: Business tax receipt required VIOLATION ADDRESS: 3365 Aviation Boulevard, Vero Beach, Florida k. CASE #15-CE-5805 / 576M VIOLATOR: John Valdis Zudans and Tracey Lockwood VIOLATION: Dock and boat lift installed without permits and Code compliance VIOLATION ADDRESS: 3845 Indian River Drive East, Vero Beach, Florida PAID $50.00 INITIAL PENALTY 7/10/15 l. CASE #15-CE-5505 / 0502T VIOLATOR: Hogar Community Reinvestments, LLC VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches; unsecure and stagnant swimming pool VIOLATION ADDRESS: th Avenue, Vero Beach, Florida UNLICENSED CONTRACTORS/CITATIONS 6. OLD BUSINESS 7. ADMINISTRATIVE MATTERS 8. CLERK S MATTERS 9. ATTORNEY S MATTERS 10. CHAIRMAN S MATTERS 11. MEMBER S MATTERS 12. ADJOURNMENT 4

5 This is a Public Meeting. Should any interested party seek to appeal any decision made by the Board with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and that, for such purpose he may need to ensure that a record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Anyone who needs a special accommodation for this meeting may contact the City s Americans with Disabilities Act (ADA) Coordinator at at least 48 hours in advance of the meeting. 5

6 CODE ENFORCEMENT BOARD MINUTES Wednesday, July 8, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida PRESENT: Vice Chairman, Kirk Noonan; Members: Suzanne Shell, Dan Hargett, Frank Pizzichillo, Craig Fletcher, and Jeffrey McGann Also Present: City Attorney, Wayne Coment; Code Enforcement Officer, Tom Ramsey; Code Enforcement Officer, Melody Sanderson; Indian River County Licensing Inspector, David Checchi and Deputy City Clerk, Sherri Philo Excused Absence: Harry Howle 1. CALL TO ORDER Today s meeting was called to order at 2:00 p.m. 2. PLEDGE OF ALLEGIENCE The Vice Chairman led the Board members and the audience in the Pledge of Allegiance to the flag. The Deputy City Clerk swore in staff and all witnesses testifying for today s hearings en masse. 3. PRELIMINARY MATTERS A) Adoption of Minutes June 10, 2015 Mr. Fletcher made a motion to adopt the minutes of the June 10, 2015 Code Enforcement Board meeting. Mr. Pizzichillo seconded the motion and it passed unanimously. B) Agenda Additions, Deletions and Adoption Ms. Melody Sanderson, Code Enforcement Officer, asked that item 4-C) 1d Boonphun, Inc./Malee Dang be heard last on today s agenda. She explained that the property owner is present, but the tenant would not be present until 2:30 p.m. Mr. Fletcher made a motion to adopt the agenda as amended. Mr. Noonan seconded the motion and it passed unanimously. 4. EVIDENTIARY HEARINGS A) Citation Appeals a. CASE #15-CE-5512 / 497M VIOLATOR: Kent, Charles, and Gabrielle Wagner 1 07/08/15 CEB

7 REPRESENTOR: Rooney & Rooney, P.A. VIOLATION: Operating a guest house and transient quarters in a residential zone VIOLATION ADDRESS: 4026 Silver Palm Drive, Vero Beach, Florida Mr. Wayne Coment, City Attorney, thought the alleged violator would be seeking an interpretation of the Code sections involved in this case. Mr. Matthew Groom, Attorney of the Law firm Rooney and Rooney representing the alleged violator, said they are challenging the interpretation of Chapter of the City Code. Mr. Coment explained to the Board that Mr. Groom would need to file a written appeal of the interpretation of the Code on behalf of the alleged violator and therefore, the Board would need to postpone this hearing. Mr. Pizzichillo asked how long can these postponements go on. Mr. Coment said until the appeal on the interpretation of the Code is determined, which could go to the Circuit Court and beyond. Mr. Noonan made a motion that the Board postpones this hearing until the appeal process is complete. Mr. Hargett seconded the motion and it passed unanimously. None B) Notice of Assessment Appeals C) Non-Compliance Reports 1. Requests for Notice of Assessment a. CASE #15-CE-5602 / 526M VIOLATOR: J. T. and Jordan Wakeland VIOLATION: Deck, windows, and addition added without code compliance or building permit VIOLATION ADDRESS: 735 Royal Palm Boulevard, Vero Beach, Florida Ms. Melody Sanderson, Code Enforcement Officer, reported that service of the citation was by return receipt on April 15, Mrs. Wakeland (alleged violator) immediately contacted her and obtained a code compliance approval for the storage shed. A contractor was hired to obtain permits for the shed and the deck, which the deck still needs code compliance approval. Based on the cooperation from Mrs. Wakeland and speaking with the contractor and the time he required, she pulled the case from the May Code Enforcement Board hearing. She reported that the civil penalty on the citation has been paid. She brought this case back before the Board today because she has not heard from the property owner or the contractor 2 07/08/15 CEB

8 since the end of May. She requested that the Board issues a Notice of Assessment of continuing penalties of $50.00 a day. She said the compliance date was April 27, 2015, but because they worked with her up to the end of May she would like the continuing penalties to commence on June 1, Mr. Pizzichillo made a motion that the Board issues a Notice of Assessment of continuing penalties in the amount of $50.00 a day commencing on June 1, Mr. Fletcher seconded the motion and it passed unanimously. b. CASE #15-CE-5708 / 550M VIOLATOR: Frances Jenkins/Tropical Auto Brokers and William E. Eyre VIOLATION: Vehicles on the property outside approved display area; no current business tax receipt VIOLATION ADDRESS: 2410 US1, Vero Beach, Florida Ms. Sanderson reported that the property remains in violation and the civil penalty has not been paid. Service of the citation was by return receipt on May 21, There is a cost of enforcement in the amount of $ She requested that the Board issue a Notice of Assessment of continuing penalties of $50.00 a day commencing on May 26, Mr. Pizzichillo made a motion that the Board issues a Notice of Assessment of continuing penalties in the amount of $50.00 a day commencing on May 26, 2015 along with the initial civil penalty of $50.00 and the cost of enforcement in the amount of $ Ms. Shell seconded the motion and it passed unanimously. Mr. Coment noted that there were people in the audience and suggested that they find out if they were present to speak on a case coming before the Board. Mr. Noonan asked the people in the audience what case on the agenda did they want to speak on. A women in the audience stated that she was present because she received a Stop Work Order. She did not have a case number. She said it stated on the Order that her case was to be heard on July 8, Mr. David Checchi, Indian River County Licensing Inspector, said that is a Building Department case where the violator signed both to accept the citation and to request an appeal of the citation. He reported that a letter to appeal the citation was never received, which is the reason this case was not placed on today s agenda. Mr. Noonan suggested that she speak with Mr. Checchi after today s meeting. c. CASE #15-CE-5670 / 535M VIOLATOR: Citimortgage / Cecil R. Bays 3 07/08/15 CEB

9 VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches throughout the property; household garbage and debris throughout the property VIOLATION ADDRESS: th Avenue, Vero Beach, Florida Ms. Sanderson reported that the property remains in violation as of July 8, 2015 and the civil penalty has not been paid. Service of the citation was by posting of the property for Mr. Bays and by return receipt for Citimortgage. She requested that the Board issues a Notice of Assessment of continuing penalties of $50.00 a day commencing on June 3, She said there is no cost of enforcement. Mr. Pizzichillo made a motion that the Board issues a Notice of Assessment of continuing penalties of $50.00 a day commencing on June 3, 2015 along with the initial civil penalty of $ Mr. McGann seconded the motion and it passed unanimously. d. CASE #15-CE-5707 / 549M VIOLATOR: Boonphun, Inc./Malee Dang VIOLATION: Fence installed without code compliance or building permit VIOLATION ADDRESS: 762/ st Street, Vero Beach, Florida *Please note that this case was heard after item 4-C) 2b Gregory Hassell. Ms. Sanderson said that her intent was to pull this case from today s agenda in order to give her time to work with the alleged violators in bringing the property into compliance. She said the property owner is asking that the Board hear her case, but she felt it would be in the property owner s best interest to allow her to work with them. Mr. Fletcher made a motion that the Board reschedule this hearing to the August Code Enforcement Board meeting. Mr. Noonan seconded the motion and it passed unanimously. 2. Request for Board Order a. CASE #15-CE-5723 / 0605T VIOLATOR: Leon De Thurston VIOLATION: Water in pool stagnant VIOLATION ADDRESS: th Florida Place, Vero Beach, Mr. Tom Ramsey, Code Enforcement Officer, reported that the Board issued a Notice of Assessment at their last meeting. He then discovered that the wrong individual was cited. He requested that the Board rescind the Notice of Assessment as this property is in compliance. 4 07/08/15 CEB

10 Mr. Noonan made a motion that the Board rescinds the initial Notice of Assessment. Mr. Pizzichillo seconded the motion and it passed unanimously. b. CASE #14-CE-4953 / 538M VIOLATOR: Gregory Hassell VIOLATION: Tree in front yard of property contains dead wood in the trunk, branches, or limbs; unlicensed trailers stored on the property; lumber and PVC pipes stored on the property VIOLATION ADDRESS: th Street, Vero Beach, Florida Ms. Sanderson reported that the Board issued a Notice of Assessment at their last meeting. She said that Mr. Hassell has since obtained a permit and is in compliance. She requested that the Board rescind the Notice of Assessment. Mr. Noonan made a motion that the Board rescinds the Notice of Assessment. Mr. McGann seconded the motion and it passed unanimously. At this time, the Board went to item 4-C) 1d - Boonphun, Inc./Malee Dang. 5. UNLICENSED CONTRACTORS/CITATIONS None 6. OLD BUSINESS None 7. ADMINISTRATIVE MATTERS None 8. CLERK S MATTERS None 9. ATTORNEY S MATTERS a. Amendments to Code Enforcement Ordinance Mr. Coment briefly went over changes being made to the Code Enforcement Ordinance with the Board members (on file in the City Clerk s office). 10. CHAIRMAN S MATTERS None 5 07/08/15 CEB