CODE ENFORCEMENT BOARD MINUTES Wednesday, December 10, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida

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1 CODE ENFORCEMENT BOARD MINUTES Wednesday, December 10, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida PRESENT: Chairman, Harry Howle; Vice Chairman, Kirk Noonan; Members: Suzanne Shell, and Frank Pizzichillo Also Present: City Attorney, Wayne Coment; Code Enforcement Officer, Tom Ramsey; Code Enforcement Officer, Melody Sanderson and Deputy City Clerk, Sherri Philo Excused Absence: Dan Hargett 1. CALL TO ORDER Today s meeting was called to order at 2:00 p.m. 2. PLEDGE OF ALLEGIENCE The Chairman led the Board members and the audience in the Pledge of Allegiance to the flag. The Deputy City Clerk swore in staff and witnesses testifying for today s meeting en masse. 3. ELECTION OF OFFICERS A) Chairman B) Vice Chairman Mr. Noonan made a motion to hold Election of Officers at a later date when more Board members are present. Mr. Howle seconded the motion and it passed unanimously. 4. PRELIMINARY MATTERS A) Adoption of Minutes November 12, 2014 Mr. Howle made a motion to adopt the minutes of the November 12, 2014 Code Enforcement Board meeting. Mr. Noonan seconded the motion and it passed unanimously. B) Agenda Additions, Deletions and Adoption Mr. Howle made a motion to adopt the agenda as presented. Mr. Noonan seconded the motion and it passed unanimously. 5. EVIDENTIARY HEARINGS A) Citation Appeals 1

2 1. CASE #14-CE-5254 / 0450T VIOLATOR: Daniel Cory Martin VIOLATION: Removal of trees without a permit VIOLATION ADDRESS: 27 th Avenue, Vero Beach, Florida Mr. Daniel Cory Martin, th Avenue, property owner, introduced himself to the Board members (he was sworn in). Mr. Wayne Coment, City Attorney, reported that the City would present their case first. Mr. Tom Ramsey, Code Enforcement Officer, reported that this is a case of tree removal without permits. The civil penalties total $2, and there is a cost of enforcement in the amount of $ He reported that the violation has not been corrected and the citation has not been paid. He gave some brief history on this case. He reported that he received an anonymous telephone call that someone was cutting down trees on 14 th Street and 27 th Avenue. Upon his arrival, he found three individuals cutting down trees. He stopped them and instructed them to notify the property owner that this was not allowed and that they need to meet with the Planning and Development Department. After that, he and Ms. Gayle Lafferty, Planner, went to the site and logged in each tree that was cut down. There initially were a total of 10 trees with a penalty of $2, Subsequently they discovered two (2) trees should not have been assessed so there was a total of eight (8) trees at a cost of $ per tree, which totals $2, He reported that in addition to the civil penalties, Mr. Martin would have to mitigate for the trees. He explained that Mr. Martin would have to either put money into the City s Tree Mitigation Fund or he would have to replace the trees. He said that Mr. Martin owns the vacant property and was clearing the property without pulling any permits. Mr. Martin said everything Mr. Ramsey said is true. He did cut down eight (8) trees. He said that he has lived in this County for 46 years and was unaware that a permit is needed to cut down a tree. He said they were not clearing the lot to build, but clearing it because of constant complaints that the lot was unsightly. He said that he purchased the lot two or three weeks prior to when this occurred. He said that he was not present today to dispute cutting down the trees. He did give permission to cut down the trees. He said the fines add up to about $8, and he is a Fireman and does not have a ton of money. He asked the Board for some leniency. Mr. Howle said because the trees were cut down without permission Mr. Martin is required to mitigate. Mr. Ramsey said that is correct. He said the cost of mitigation is $5, Mr. Pizzichillo asked what was the age and condition of the trees. Mr. Martin said it varies. Some were large Pine trees, which he did not know were protected. He said that once his house is built if a hurricane was to come through the trees would end up on top of his house. Also, there is a Daycare Center that neighbors this property and the trees 2

3 could fall on top of that. He said that he has seen a lot of trees snap during hurricanes and as a Fireman, he has had to cut trees off of houses. He said that when he goes to build a house he will come to the City to see if he can cut down some of the trees. Mr. Pizzichillo questioned, then what you are telling the Board is that you plan to build on the property. Mr. Martin said that is correct. He said that he owns some rental property in town and he has never had any Code issues. This is going to be a very expensive lesson if he can t get things turned around and would put a restraint on the progress on building on the property because his first responsibility is to pay this fine. Mr. Pizzichillo asked is this your first offense. Mr. Martin answered yes. Ms. Shell asked were the men who cut the trees down licensed. Mr. Martin said that he thought so. He said that he recently met this gentleman who moved here from Alabama and he did have signs on his truck. Ms. Shell said so he is not licensed in Florida. Mr. Martin assumed that he was. He said that he was told by the person he hired to cut down the trees that he had everything that was needed. Ms. Shell would think if he was licensed in Florida then he would know that he needed a permit. She questioned if he was licensed to cut trees down, then why didn t he cut the trees to the ground. Mr. Martin said the job was not finished. He said that the person he hired is no longer around and he has no idea where he is. Mr. Pizzichillo questioned then you did not pay him. Mr. Martin said that he paid him about two-thirds of the cost. Mr. Howle said that he is not a contractor and he has been here for 26 years. He said that he knows that a permit is needed to cut down trees, but he cannot say if Mr. Martin did or didn t know. He felt like Mr. Martin was cutting down the trees not because of complaints, but to build on the property. He agrees that the fine is high, but there are rules and regulations in place. Mr. Pizzichillo asked Mr. Ramsey if he received previous complaints on the property. Mr. Ramsey answered no. 3

4 Mr. Martin said this is his dream property and he didn t purchase the property with the intent to cut down trees. His comment to the man he hired was that he wanted it to look like a Park until he is able to build on it. He said that he has learned a lot since this started and it has been a very stressful situation for him. Mr. Pizzichillo asked Mr. Martin if he was asking the Board to reduce the fine. Mr. Martin said that $8, is a lot of money. Mr. Coment explained that the Board does have the authority to reduce the civil penalties if they choose. They do not have the authority to reduce mitigation or enforcement costs. If the Board finds there is a violation they are obligated to provide him a reasonable amount of time to correct the violation, which would be to take care of the mitigation. Mr. Tim McGarry, Planning and Development Director, reported that he sat down with Mr. Martin to work out a compliance agreement and explained all of this to him. He said that he was willing to give Mr. Martin a period of time to pay the mitigation. He said that he is still willing to do that, although normally when someone enters into a compliance agreement they waive their right to a hearing. He noted that Mr. Martin would need to pay the mitigation or he would not get the permit. He explained that Mr. Martin could either pay the $5, in mitigation or he could replace the trees. Until then Mr. Martin would not be in compliance. Mr. Coment noted that because this case is before the Board any agreement would have to be decided by the Board. Mr. McGarry said that he is willing to work out a payment schedule for mitigation. Mr. Pizzichillo suggested that Mr. McGarry sit down with Mr. Martin to work out an agreement and then bring it back before the Board. Mr. Howle said that he might choose to put a motion forward that they keep the cost of mitigation and possibly eliminate the civil penalties. Mr. Coment explained that at this point they don t need to go that far. If the Board finds that there is a violation they could give Mr. Martin time to do the mitigation and then it would come back before the Board for a compliance hearing. At that time the Board can determine if they want to reduce the civil penalties. Mr. Pizzichillo made a motion that Mr. McGarry sit down with Mr. Martin to come up with a solution and to bring it back to the Board at a future date. Mr. Howle seconded the motion. Ms. Shell asked are the trees that were cut down still laying on the property. Mr. Martin said most of them have been removed. 4

5 Mr. Coment said the motion sounds like they were continuing the case for an undetermined date. He explained that the Board needs to have a finding on whether or not Mr. Martin violated the Code. They need to put their finding in the Board Order, as well as a set time on when Mr. Martin is to come into compliance. Mr. Pizzichillo withdrew his motion. Mr. Howle withdrew his second. Mr. Pizzichillo made a motion that the Board finds Mr. Martin guilty of the violations cited and that he needs to report back to the Board on what has been done at their January meeting. Mr. Howle seconded the motion and it passed unanimously. B) Notice of Assessment Appeals C) Non-Compliance Reports 1. Requests for Notice of Assessment a. CASE #14-CE-5128 / 370M VIOLATOR: Acacia Treasure Coast, LLC VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches throughout the property; building materials/brick pavers stored on site without an approved or current building permit VIOLATION ADDRESS: 1110 Royal Palm Boulevard, Vero Beach, Florida Ms. Melody Sanderson, Code Enforcement Officer, reported that the violation of weeds, grass, and undergrowth has been corrected as of October 19, 2014; however the violation of building materials/brick pavers stored on the property remains. She noted that the civil penalty of $50.00 has been paid. There is a cost of enforcement in the amount of $ Mr. Howle made a motion that the Board finds the violation of weeds, grass and undergrowth has been corrected; however the violation of building materials on the property has not been corrected and that the Board issues a Notice of Assessment of continuing penalties in the amount of $50.00 a day commencing on October 8, 2014, along with the cost of enforcement of $ Mr. Pizzichillo seconded the motion and it passed unanimously. 2. Request for Board Order a. CASE #14-CE-5087 / 0410T VIOLATOR: Brenda Laflamme VIOLATION: Trash and debris throughout the yard; grass, weeds, and undergrowth in excess of 12 inches; skate ramp in road right-of-way (Repeat Violation) 5

6 VIOLATION ADDRESS: th Florida Street, Vero Beach, Mr. Ramsey reported that service was provided by posting of the property. The violation was corrected as of December 9, 2014 and the civil penalties have not been paid. There is a cost of enforcement in the amount of $ He requested that the Board issue an Order ceasing the continuing penalties of $ a day as of December 8, 2014 and to pay civil penalties and costs along with the cost of enforcement in the amount of $ Mr. Noonan made a motion that the Board finds that the violation has been corrected as of December 9, 2014 and that the Board issues an Order finding correction and to pay the initial civil penalty of $ along with the cost of enforcement in the amount of $43.09 and the total continuing penalties from October 16, 2014 through December 8, Mr. Howle seconded the motion and it passed unanimously. b. CASE #14-CE-5135 / 0428T VIOLATOR: Jose, Gabriel, and Margarita Barajas VIOLATION: Exterior storage of many items within the confines of the carport; including sofa, pool table, boxes, equipment, etc. VIOLATION ADDRESS: th Avenue, Vero Beach, Florida Mr. Ramsey requested that the Board withdraw the previous Notice of Assessment. He explained that no one in the home speaks English and once he spoke with someone who could speak English the violation was corrected that day. He felt that the problem existed because of the language barrier. Mr. Howle made a motion that the Board withdraws their previous Notice of Assessment. Mr. Pizzichillo seconded the motion and it passed unanimously. c. CASE #13-CE-4631 / 312M VIOLATOR: Brian Wykoff / One West Bank VIOLATION: Large dead tree in the back yard VIOLATION ADDRESS: 2411 Buena Vista Boulevard, Vero Beach, Florida Ms. Sanderson reported that the violation has been corrected as of November 14, She requested that the Board issue an Order ceasing the continuing penalties as of November 14, Mr. Howle made a motion that the Board finds the violation has been corrected as of November 14, 2014 and that the Board issues an Order finding correction and to pay the initial civil penalty of $50.00 along with the cost of enforcement in the amount of $70.19 and the total continuing penalties through November 13, Mr. Pizzichillo seconded the motion and it passed unanimously. 6

7 6. UNLICENSED CONTRACTORS/CITATIONS 7. OLD BUSINESS 8. ADMINISTRATIVE MATTERS 9. CLERK S MATTERS A) Approval of Annual Report Mr. Pizzichillo made a motion to approve the Annual Report. Mr. Howle seconded the motion and it passed unanimously. 10. ATTORNEY S MATTERS A) An Ordinance of the City of Vero Beach, Florida, Amending Section 2-301, Subsection 2-302(C), and Section of the Code of The City of Vero Beach, Florida, Relating to Code Enforcement Board Hearings; Hearing Notices; and Interpretation of Code Provisions; Providing for Codification; Providing for an Effective Date. Mr. Coment briefly went over the proposed Ordinance with the Board members. Mr. Pizzichillo and Mr. Howle stated that they agreed with the proposed changes. 11. CHAIRMAN S MATTERS 12. MEMBER S MATTERS 13. ADJOURNMENT Today s meeting adjourned at 2:54 p.m. /sp 7