CODE ENFORCEMENT BOARD Regular Meeting No. 2015-05 Held on the 13 th day of May 2015 at City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law and is on file in the Code Compliance Office, 120 Malabar Rd SE, Palm Bay, Florida. Chairperson Ritter called the meeting to order at approximately 1:16 PM. ROLL CALL: CHAIRPERSON: James Ritter Present VICE CHAIRPERSON: Diane White Present MEMBER: Jimmie Glover Present MEMBER: George Williams Present MEMBER: Orlando Gatell Present MEMBER: Victor Silva-Martinez Present MEMBER: Sheriz Khan Present STAFF: Morris Richardson Present STAFF: Pete Sweeney Present ADOPTION OF MINUTES: 1. CEB Regular No. 2015-04; April 8, 2015 Motion made by Ms. White, seconded by Mr. Glover to accept the minutes as written. The SWEARING IN: 1. All respondents, complainants, and City staff required to testify were sworn in. REPORTS: 1. Authorization to Impose Fines 1. CEB #16635-15 CITY OF PALM BAY VS JEANETTE M PAQUETTE LOT 8, BLK 124 CEB SECTY: This case involved an authorization to impose fines of City Code, Section(s) 170.119(A) and 93.031(A)(1) Code of Ordinances of the City of Palm Bay for property located at Lot 8, Blk 124, Subdivision 75, Township 28, Range 37, Section 27, Brevard County, Florida.
Page 2 of 5 CODE ENFORCEMENT MANAGER; AARON POOL: The City stated there is an authorization to impose fines at 2106 Advana St NE. The owner, Jeanette Paquette is present to request more time; however the Code Enforcement Officer, Valerie Carter is not present to represent the case. Due to the absence of Officer Valerie Carter, Mr. Pool requested that the case be tabled to the next Code Board Hearing. Motion by Ms. White and seconded by Mr. Glover to table the case to the next hearing on June 10, 2015. The motion carried with the members voting as follows: Mr. Ritter, aye; Ms. White, aye; Mr. Glover, Authorization to Impose Fines The City requested the Board find all respondents listed in the Authorization to Impose Fines Report in non-compliance for the period stated in the report. Inspections were performed on May 4, 2015, and the properties still remained in non-compliance. CEB # 16586-14 Rose Mary Scott Estate $ 75.00 per day CEB # 16597-14 Sabas C and Cherie V Murillo $ 50.00 per day CEB # 16598-14 Sabas C and Cherie V Murillo $ 50.00 per day CEB # 16634-15 Larry Michael Novak $ 50.00 per day CEB # 16635-15 Jeannette M Paquette $ 50.00 per day CEB # 16636-14 Dianne C and Earl WM Ericsson Jr $ 50.00 per day CEB # 16640-15 Elizabeth T Andrews $ 50.00 per day CEB # 16644-15 Vera Gray Trustee $ 50.00 per day CEB # 16645-15 Deutsche Bank NA $ 50.00 per day Motion made by Mr. Glover, seconded by Mr. Williams to accept and approve the Authorization to Impose Fines Report, to find the respondents in non-compliance, and to authorize the fines as stated in the report excluding any cases that were heard individually before the Board and given additional time to come into compliance. The motion carried with the members voting as follows: Mr. Ritter, aye; Ms. White, aye; Mr. Glover, aye; Mr. Williams, aye; Mr. Gatell, aye; Mr. Silva-Martinez, aye; Mr. Khan, aye. HEARINGS: 1. CEB #16681-15 CITY OF PALM BAY VS JENNIFER L BARNES ESTATE LOT 31, BLK 1900
Page 3 of 5 CEB SECTY: This case involved a violation of City Code, Section(s) 90.03, 170.119(A) and 93.031(A)(1) Code of Ordinances of the City of Palm Bay for property located at Lot 31, Blk 1900, Subdivision FB, Township 28, Range 36, Section 34, Brevard County, Florida. CODE ENFORCEMENT OFFICER: SABRINA PERKINS: The City stated there is a violation of the City Ordinance at 401 Higgs Ave NW for tall grass and weeds, for failure to maintain fence in original upright condition and for failure to maintain exterior of structure free of mildew and/or rust and paint deteriorated. The Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Officer Perkins stated that she spoke with Attorney Giselle Torres, a representative from Safeguard Properties and they are requesting more time. The home is in foreclosure and they are currently in the process of getting bids to correct the violations. Motion made by Ms. White, seconded by Mr. Williams, to find the respondent in violation based on the findings of fact, Section(s) 93.03, 170.119(A) and 93.031(A)(1). The motion carried with the members voting as follows: Mr. Ritter, aye; Ms. White, aye; Mr. Glover, aye; Mr. Williams, aye; Mr. Gatell, aye; Mr. Silva-Martinez, aye; Mr. Khan, aye. Motion made by Ms. White and seconded by Mr. Williams to set a compliance date to July 12, 2015 or that a fine of $75.00 be imposed for each and every day the violations continued. The 2. CEB #16678-15 CITY OF PALM BAY VS TIMOTHY J AND DOUGLAS JACQUES LOT 44, BLK 2668 CEB SECTY: This case involved a violation of City Code, Section(s) 185.123(B) Code of Ordinances of the City of Palm Bay for property located at Lot 44, Blk 2668, Subdivision JR, Township 29, Range 37, Section 18, Brevard County, Florida. CODE ENFORCEMENT OFFICER: ARLENE RECKARD: The City stated there is a violation of the City Ordinance at 243 Abello Rd SE for parking a commercial vehicle in a residential area to wit: truck. The Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Ms. White, seconded by Mr. Glover, to find the respondent in violation based on the findings of fact, Section(s) 185.123(B). The motion carried with the members voting as follows: Mr. Ritter, aye; Ms. White, aye; Mr. Glover, aye; Mr. Williams, aye; Mr. Gatell, aye; Mr. Silva-Martinez, aye; Mr. Khan, aye. Motion made by Ms. White and seconded by Mr. Glover to set a compliance date to May 22, 2015 or that a fine of $100.00 be imposed for each and every day the violations continued. The CODE ENFORCEMENT MANAGER; AARON POOL: Mr. Pool requested of the Board that the following cases be tabled to the next Code Board Hearing due to the untimely absence of Officer Valerie Carter.
Page 4 of 5 CEB #16686-15 CEB #16687-15 CEB #16690-15 CEB #16692-15 CEB #16694-15 CEB #16695-15 CEB #16696-15 CEB #16697-15 Lorraine B Laws David R and Thelma L Bango US Bank NA Trustee Carlos M Rojas Life Estate and Five Brothers and Nationstar US Bank NA Lanttee LLC Trustee Kathleen and Larry Blizman Jeremiah J and Barbara S and Sean Wallace Motion by Mr. Ritter and seconded by Mr. Glover to table the above mentioned cases to the next hearing on June 10, 2015. The motion carried with the members voting as follows: Mr. Ritter, aye; Ms. White, aye; Mr. Glover, aye; Mr. Williams, aye; Mr. Gatell, aye; Mr. Silva- Martinez, aye; Mr. Khan, aye. The City submitted all exhibits and affidavits into evidence in the following cases and requested that the find the respondents in violation of the violations not in compliance and that the Code Board set a reasonable time for compliance and a fine per day to be imposed if the respondents fail to come into compliance by the time set. CEB #16670-15 CEB #16671-15 CEB #16673-15 CEB #16679-15 CEB #16680-15 CEB #16682-15 CEB #16685-15 Kenneth and Barbara Jones Bank of America NA Christopher and Angela Wade Jackie E Jim and Emmanuel Lopez Joey A Segura Gloria M Colon Estate and M&T Bank and MSI Linda Bradshaw and Wells Fargo Home Mort Motion made by Mr. Ritter, seconded by Mr. Glover to find the cases listed by the Board Secretary in violation based on the findings of fact entered into evidence. The motion carried with the members voting as follows: Mr. Ritter, aye; Ms. White, aye; Mr. Glover, aye; Mr. Williams, aye; Mr. Gatell, aye; Mr. Silva-Martinez, aye; Mr. Khan, aye. Motion made by Mr. Ritter, seconded by Mr. Glover to give the respondents in these cases a compliance date to May 28, 2015 or that a fine of $50.00 be imposed for every case for each and every day the violations continue. The motion carried with the members voting as follows:
Page 5 of 5 Mr. Ritter, aye; Ms. White, aye; Mr. Glover, aye; Mr. Williams, aye; Mr. Gatell, aye; Mr. Silva- Martinez, aye; Mr. Khan, aye. The following case(s) were withdrawn due to voluntary compliance: CEB #16672-15 CEB #16674-15 CEB #16675-15 CEB #16676-15 CEB #16677-15 CEB #16683-15 CEB #16684-15 CEB #16688-15 CEB #16689-15 CEB #16691-15 CEB #16693-15 Mary and Philip Caballo Aldwin R and Daphne E Brown Trustees Laurie D Lucas James Fulks and US Bank Mathew J Ruffell Valerie M Sowards Arnold R Samuel USA Homeownership Foundation Inc Nationstar Mortgage LLC Kevin Lynn Simpson Jr and Mandy Belle Logsdon Stephen W McDonald At this time, the Board Attorney, Morris Richardson advised that he will be not be present at the July 8, 2015 Code Board hearing. ADJOURNMENT: The meeting adjourned at approximately 1:44 PM. ATTEST: James Ritter, Chairperson Bernadette Joseph, Board Secretary