CODE ENFORCEMENT BOARD MEETING Wednesday, January 11, :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, January 11, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida 2. PLEDGE OF ALLEGIENCE 3. ELECTION OF OFFICERS A) Chairman B) Vice Chairman 4. PRELIMINARY MATTERS AGENDA A) Adoption of Minutes December 14, 2016 B) Agenda Additions, Deletions and Adoption 5. UNLICENSED CONTRACTORS/CITATIONS 6. EVIDENTIARY HEARINGS A) Citation Appeals 1. CASE #16-CE-7209 / 1084T VIOLATOR: Kevin McEnerney VIOLATION: Tree removal/harmful pruning practices without approvals or permitting VIOLATION ADDRESS: 301 Starfish Drive, Vero Beach, Florida B) Non-Compliance / Compliance Reports 1. Request for Board Order a. CASE #16-CE-7060 / 1069T VIOLATOR: Asbury United Methodist Church, Inc. VIOLATION: Dead trees on site VIOLATION ADDRESS: rd Avenue, Vero Beach, Florida b. CASE #16-CE-7132 / 1079T VIOLATOR: Dorothy Louann Henry and Rochell Pickrodt VIOLATION: Multiple cars in the required front yard setback 1

2 VIOLATION ADDRESS: th Florida Avenue, Vero Beach, c. CASE #16-CE-7158 / 1078T VIOLATOR: Jill Silcox and Shelly Robertson VIOLATION: Overgrowth and garbage, rubbish, dead trees on site VIOLATION ADDRESS: rd Avenue, Vero Beach, Florida (Repeat Violation - $100 Civil Penalty) d. CASE #16-CE-7031 / 1077T VIOLATOR: William C. Lee VIOLATION: Site plan not maintained in accordance with City of Vero Beach approved requirements VIOLATION ADDRESS: th Avenue, Vero Beach, Florida (Paid $50 Civil Penalty) e. CASE #16-CE-6999 / 1062T VIOLATOR: Martin Van Putten; C/O Judy Davis VIOLATION: Weeds, grass, and undergrowth in excess of 12 VIOLATION ADDRESS: th Avenue, Vero Beach, Florida (Paid $50 Civil Penalty) (Property was found in compliance on November 21, 2016) f. CASE #16-CE-6919 / 970M VIOLATOR: PennyMac Holdings, LLC / Chris White VIOLATION: Stagnant swimming pool; weeds, grass or undergrowth at a height of more than 12 inches VIOLATION ADDRESS: 3865 Indian River Drive East, Vero Beach, Florida (Property was found in compliance on December 10, 2016) (Amount owed as of December 11, 2016, the day prior to the Code Officer finding correction = $3,096.15) 7. OLD BUSINESS 8. ADMINISTRATIVE MATTERS 9. CLERK S MATTERS 10. ATTORNEY S MATTERS 11. CHAIRMAN S MATTERS 12. MEMBER S MATTERS 2

3 13. ADJOURNMENT 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. 3

4 CODE ENFORCEMENT BOARD MINUTES Wednesday, December 14, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida PRESENT: Chairman, Kirk Noonan; Members: Jeffrey McGann, Stephen McDonald, Christopher Bryant and Eric Price Also Present: Assistant City Attorney, Kira Honse; Code Enforcement Officer, Melody Sanderson; Indian River County Contractor Licensing Investigator, Kenneth Johnson; Indian River County Contractor Licensing Investigator, David Checchi and Deputy City Clerk, Sherri Philo Excused Absence: Frank Pizzichillo 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 all witnesses present for today s meeting en masse. 3. ELECTION OF OFFICERS A) Chairman B) Vice Chairman Mr. Noonan made a motion that because a full Board was not present for today s meeting that they postpone Election of Officers until their January meeting. Mr. Bryant seconded the motion and it passed unanimously. 4. PRELIMINARY MATTERS A) Adoption of Minutes November 9, 2016 Mr. McGann made a motion to adopt the minutes of the November 9, 2016 Code Enforcement Board meeting. Mr. Bryant seconded the motion and it passed unanimously. None B) Agenda Additions, Deletions and Adoption 5. UNLICENSED CONTRACTORS/CITATIONS 1 12/14/16 CEB

5 Mr. David Checchi, Indian River County Contractor Licensing Investigator, introduced Indian River County s new Contractor Licensing Investigator, Mr. Kenneth Johnson, to the Board members. 6. EVIDENTIARY HEARINGS A) Citation Appeals 1. CASE #15-CE-5521 VIOLATOR: Charles E. Fitz REPRESENTATIVE: Matthew Randall Groom of Rooney and Rooney, P.A. VIOLATION: Operating a guest house and transient quarters in a residential zone VIOLATION ADDRESS: 766 Fiddlewood Road, Vero Beach, Florida *Please note that all exhibits submitted as evidence for this case are on file in the City Clerk s office. Mr. Nick Zbrzeznj, Attorney, reported that he was present on behalf of the City in reference to this case. He reported that the Board will hear testimony by Ms. Sanderson and Officer Carden that a citation was issued because the property was being used as a guest house and transient quarters, which is not permitted in the R-1A zoning district. The citation was issued based on advertisements, influx of vehicles on the property, as well as the property owner s agreement to rent the property to Officer Carden for a period of seven (7) days. He noted that the property owner did file a lawsuit challenging Vero Beach Ordinance # and in those proceedings made admissions that he rented his property for short term, including a few days, a week, and up to one (1) month. He then asked Ms. Sanderson to introduce herself. Ms. Melody Sanderson, Code Enforcement Officer, introduced herself stating that she is the Code Enforcement Officer for the City of Vero Beach. Mr. Zbrzeznj asked how long have you been a Code Enforcement Officer. Ms. Sanderson said that she has been a Code Enforcement Officer with the City of Vero Beach for four (4) years. Mr. Zbrzeznj said and you are here today in reference to the property located at 766 Fiddlewood Road in Vero Beach. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked are you familiar with that property. Ms. Sanderson answered yes. Mr. Zbrzeznj asked how. Ms. Sanderson said the property is utilized as a short term rental, guest house, or transient quarters. Mr. Zbrzeznj asked how many bedrooms are in the house. Ms. Sanderson answered three (3). 2 12/14/16 CEB

6 Mr. Zbrzeznj said and you issued the citation to the property owner. Ms. Sanderson said that she did. Mr. Zbrzeznj asked for what. Ms. Sanderson said for operating a guest house or transient quarters in a residential zone. Mr. Zbrzeznj asked what zoning district is the property located. Ms. Sanderson answered R- 1A. Mr. Zbrzeznj asked is that single-family residential. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked is guest house transient quarters a permitted land use in that R-1A zoning district. Ms. Sanderson answered no. Mr. Zbrzeznj asked is it a permitted or conditional land use in any residential zoning district. Ms. Sanderson answered no. Mr. Zbrzeznj asked who is the property owner of 766 Fiddlewood Road. Ms. Sanderson answered Charles Fitz. Mr. Zbrzeznj asked how did you determine this. Ms. Sanderson said from the Property Appraiser. Mr. Zbrzeznj asked can you tell the Board how you determined it was being utilized for this impermissible land use. Ms. Sanderson said it was advertised on Vacation Rental By Owner as a short term rental. Mr. Zbrzeznj asked when was your attention brought to this property. Ms. Sanderson answered February, Mr. Zbrzeznj asked is VRBO.com the website you were just describing. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked for what duration was it advertised. Ms. Sanderson said less than 30 days. Mr. Zbrzeznj questioned for compensation. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked does Mr. Fitz own multiple properties. Ms. Sanderson answered yes. Mr. Zbrzeznj asked what are the addresses of those properties. Ms. Sanderson said that he owns the house next door at 746 Fiddlewood Road and is the co-owner of a rental property at 651 Date Palm. Mr. Zbrzeznj asked Ms. Sanderson if he rents those properties. Ms. Sanderson answered yes. 3 12/14/16 CEB

7 Mr. Zbrzeznj asked based on the fact of your observation of the advertisement for 766 Fiddlewood Road, did you issue a warning citation to the property owner. Ms. Sanderson answered yes. Mr. Zbrzeznj put on the doc cam the warning citation. He asked what was the date you issued the warning citation. Ms. Sanderson answered February 6, Mr. Zbrzeznj asked did the warning citation provide the date that Mr. Fitz had to correct the violation. Ms. Sanderson said the correction date listed on the citation is February 13, Mr. Zbrzeznj asked what was the basis for the warning. Ms. Sanderson said the advertising on the vocational rental site. Mr. Zbrzeznj asked does the warning actually provide this. Ms. Sanderson said that is correct, the subject property is being utilized for transient rentals guest house for compensation for periods of less than 30 days. Mr. Zbrzeznj asked how was the warning citation served. Ms. Sanderson answered by certified mail. Mr. Zbrzeznj asked after the warning citation was issued, did you continue to monitor the property at 766 Fiddlewood Road. Ms. Sanderson answered yes. Mr. Zbrzeznj asked did you observe anything that would indicate that the property was still being rented to transients. Ms. Sanderson said that she observed out of state cars on the property. Mr. Zbrzeznj asked did you observe a vehicle on site from February 27 th through March 4 th. Ms. Sanderson answered yes. Mr. Zbrzeznj asked what kind of vehicle was it. Ms. Sanderson said it was a Hyundai SUV. Mr. Zbrzeznj asked do you take pictures of these vehicles for documentation. Ms. Sanderson answered yes. Mr. Zbrzeznj showed on the doc cam pictures of a vehicle. He asked is this the Hyundai that you were referring to. Ms. Sanderson answered yes. Mr. Zbrzeznj said that is dated February 27 th. Ms. Sanderson said that is correct. Mr. Zbrzeznj showed another picture on the doc cam. He said this is the same Hyundai. Ms. Sanderson said that is correct. Mr. Zbrzeznj said it is dated March 4 th. Ms. Sanderson said that is correct. Mr. Zbrzeznj said that is the last date you observed the vehicle on the property. Ms. Sanderson said that is correct. 4 12/14/16 CEB

8 Mr. Zbrzeznj asked what type of license plates does this vehicle have. Ms. Sanderson answered Pennsylvania. Mr. Zbrzeznj asked was it registered to the property owner, Mr. Charles Fitz. Ms. Sanderson answered no. Mr. Zbrzeznj asked are you familiar with the type of car Mr. Fitz drives. Ms. Sanderson answered yes. Mr. Zbrzeznj asked after March 4, 2015, did you continue to monitor that property at 766 Fiddlewood Road. Ms. Sanderson answered yes. Mr. Zbrzeznj asked when was the next date you observed other vehicles not related to the resident of the property. Ms. Sanderson answered March 9 th. Mr. Zbrzeznj asked what was the last date the vehicles were observed. Ms. Sanderson answered April 2 nd. Mr. Zbrzeznj said so they were there from March 9 th to April 2 nd. He asked what type of vehicles. Ms. Sanderson answered a Mercedes Benz and a Volvo. Mr. Zbrzeznj showed on the doc cam pictures of a vehicle. He asked is this the Volvo you documented. Ms. Sanderson answered yes. Mr. Zbrzeznj said it is dated March 9 th. Ms. Sanderson said that is correct. Mr. Zbrzeznj showed on the doc cam another picture. He asked is this the Mercedes. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked is that the same date. Ms. Sanderson answered yes. Mr. Zbrzeznj showed on the doc cam a picture of a license plate. He said you captured the license plate. Ms. Sanderson said yes. Mr. Zbrzeznj said you documented through the photograph the dates they were present through April 2 nd. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked where were the license plates from. Ms. Sanderson answered Maryland. Mr. Zbrzeznj asked were they registered to Mr. Fitz. Ms. Sanderson answered no. Mr. Zbrzeznj asked at this point based on your observation, did you believe the property was still being utilized as a guest house transient quarters. Ms. Sanderson answered yes. Mr. Zbrzeznj said this was despite the warning citation. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked to confirm this, did anyone in your department attempt to rent one of Mr. Fitz s properties on Fiddlewood Road. Ms. Sanderson answered yes. 5 12/14/16 CEB

9 Mr. Zbrzeznj asked can you explain that to the Board. Ms. Sanderson said through the vacation rental website, Officer Carden requested to make a booking of the property. Mr. Zbrzeznj asked if Officer Carden provided Ms. Sanderson with the correspondences between herself and Mr. Fitz. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked Ms. Sanderson if she relied on that in issuing the citation. Ms. Sanderson said that is correct. Mr. Zbrzeznj showed on the doc cam correspondence. He said this particular correspondence states My husband and I were looking for a rental over Memorial Day weekend and inquired about this property. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked did Mr. Fitz respond. Ms. Sanderson answered yes. Mr. Zbrzeznj showed on the doc cam correspondence dated April 28 th. He said it says the following house is the only house available for one (1) week or more and offers a price for seven (7) nights. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked did Mr. Fitz send a proposed contract. Ms. Sanderson answered yes. Mr. Zbrzeznj showed on the doc cam another correspondence. He asked is this the first proposed contract that Mr. Fitz sent. Ms. Sanderson answered yes. Mr. Zbrzeznj asked Ms. Sanderson to read it. Ms. Sanderson read into the record, I will write the details as follows, which shall serve as our agreement should you decide to make the reservation. I, Charles Fitz, agree to lease my house as seen on located at 766 Fiddlewood Road, Vero Beach, Florida to Anna Meyers and her husband, arriving on May 21 after 3:30 p.m. and departing May 28, 2015 before 10 a.m. sharp for a total of seven (7) nights. Mr. Zbrzeznj said you can stop there. He said it sets forth some pricing. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked then ultimately did he (Mr. Fitz) send a revised proposed contract with changed pricing. Ms. Sanderson answered yes. Mr. Zbrzeznj said that was $1,600 for seven (7) nights plus tax including fees, which totaled $1,926 for those seven (7) nights. Ms. Sanderson said that is correct. Mr. Zbrzeznj said these s that were just discussed were after the February 13 th date in which Mr. Fitz had to correct the violation as specified in the warning citation. Ms. Sanderson said that is correct. Mr. Zbrzeznj asked after Mr. Fitz agreed to rent the property, did you issue him the citation. Ms. Sanderson answered yes. 6 12/14/16 CEB

10 Mr. Zbrzeznj asked on the date you issued the citation, did you check the advertisement on VRBO.com. Ms. Sanderson answered yes. Mr. Zbrzeznj asked what did it depict. Ms. Sanderson said it was still advertised for rent for less than 30 days. Mr. Zbrzeznj asked was it for rent for a seven (7) day minimum. Ms. Sanderson answered yes. Mr. Zbrzeznj asked based on the advertisement and the vehicles described did you issue Mr. Fitz a citation. Ms. Sanderson answered yes. Mr. Zbrzeznj asked when did you issue the citation. Ms. Sanderson answered April 29, Mr. Zbrzeznj showed on the doc cam a citation. He asked is this the citation that you issued. Ms. Sanderson answered yes. Mr. Zbrzeznj asked what was the basis for the citation. Ms. Sanderson said the property is being utilized for transient rental and guest house for compensation for periods of less than 30 days. Mr. Zbrzeznj asked how was the citation served. Ms. Sanderson said by certified mail and posting of the property. Mr. Zbrzeznj asked did you document that. Ms. Sanderson answered yes. Mr. Zbrzeznj asked did you do an affidavit. Ms. Sanderson said that she did an affidavit of posting and provided a photograph of the property posting. Mr. Zbrzeznj showed on the doc cam a photograph. He asked is this a photograph of the citation posted. Ms. Sanderson answered yes. Mr. Zbrzeznj showed on the doc cam a copy of a certified return receipt. He asked is this a copy of the certified mail return receipt requested. Ms. Sanderson answered yes. Mr. Zbrzeznj asked after the citation was issued, did Mr. Fitz cease using his property as a prohibited guest house transient quarters. Ms. Sanderson answered no. Mr. Zbrzeznj asked did you monitor the property. Ms. Sanderson answered yes. Mr. Zbrzeznj asked on May 6 th did you observe a vehicle on the property. Ms. Sanderson answered yes. Mr. Zbrzeznj asked how long was the vehicle at the residence. Ms. Sanderson answered May 6 th and May 7 th. Mr. Zbrzeznj asked what type of vehicle was it. Ms. Sanderson answered a Chevrolet SUV. 7 12/14/16 CEB

11 Mr. Zbrzeznj showed on the doc cam a picture of a vehicle. He asked is this the vehicle you described. Ms. Sanderson answered yes. Mr. Zbrzeznj asked Ms. Sanderson if she documented this vehicle. Ms. Sanderson answered yes. Mr. Zbrzeznj showed on the doc cam a picture of a vehicle. He asked did you take a photo on May 7 th as well. Ms. Sanderson answered yes. Mr. Zbrzeznj asked where were the license plates from on that vehicle. Ms. Sanderson answered Texas. Mr. Zbrzeznj asked was that vehicle registered to the property owner. Ms. Sanderson answered no. Mr. Zbrzeznj asked did you continue to monitor the property. Ms. Sanderson answered yes. Mr. Zbrzeznj asked did he (Mr. Fitz) continue to rent the property on a short term basis. Ms. Sanderson answered yes. Mr. Zbrzeznj asked what was the last date you observed. Ms. Sanderson said the last date she observed that the property was rented was October 26 th through October 28 th of Mr. Zbrzeznj asked what did you observe. Ms. Sanderson said two vehicles on site with out of state plates, one with a Massachusetts plate and one with a Florida rental plate. Mr. Zbrzeznj had no further questions for Ms. Sanderson. Mr. Zbrzeznj said as indicated earlier, there was an underlying lawsuit challenging a City Ordinance that was somehow related to this citation. In that lawsuit there is a transcript from the hearing in which Mr. Fitz gave sworn testimony in Court, which was dated June 4, 2015 (transcript on file in the City Clerk s office). He read into the record the following from the transcript: Q. Alright Mr. Fitz, how many properties do you own, if any? A. Three. Q. Can you name the addresses of those properties? A. 766 Fiddlewood Road, 746 Fiddlewood Road and 651 Date Palm Road. Q. And all three of those are in Vero Beach, Florida? A. Yes, sir. Q. Okay. How many of those properties that you mentioned, have you leased to tenants? A. All three. Q. Okay. And the average timeframe for those leases? A. Anywhere from a week to three months. Q. Okay. Did you plan on leasing those properties for a period less than 30 days or one calendar month whichever is less? A. Some of the times. 8 12/14/16 CEB

12 Q. Okay. In order to attract potential tenants, what do you do if anything? A. Advertise on Home Away, VRBO and Vacation Home Rentals. Q. What were those three things you just mentioned? A. They are websites for vacation homes. Q. And you advertised that the three properties you own are available for rent? A. Yes. Q. And you advertise that those three properties are available for rent for a period of less than 30 days or one calendar month? A. On some. Q. Okay. Are you presently advertising those now? A. Yes. Mr. Zbrzeznj noted that this information is listed on pages four (4) and five (5) of the June 4, 2015 hearing transcript. He said there is also a second amended complaint (on file in the City Clerk s office), which alleges several times throughout. As an example he read, Plaintiff owns multiple properties within the City of Vero Beach that he used and/or desires to use as short term vacation rentals, which include leases for periods less than 30 days or one calendar month. He said there is an affidavit filed (on file in the City Clerk s office) sworn to by Mr. Fitz where he discussed his three (3) properties, one of which is 766 Fiddlewood Road. He read into the record paragraph 5, I frequently leased the three aforementioned properties to various tenants. The lease terms for the leases ranged from a few days to over a month. He said these are all admissions to using the property for this impermissible land use. At this time, Mr. Zbrzeznj called on Officer Carden to testify. Ms. Anna Carden, Police Officer, introduced herself. Mr. Zbrzeznj asked how are you employed. Officer Carden answered the Vero Beach Police Department. Mr. Zbrzeznj asked how long. Officer Carden said about five (5) years. Mr. Zbrzeznj asked are you familiar with the property located at 766 Fiddlewood Road. Officer Carden answered yes. Mr. Zbrzeznj asked do you know who the property owner is. Officer Carden answered Charles Fitz, to the best of her knowledge. Mr. Zbrzeznj asked was there a time when you attempted to rent property located at 766 Fiddlewood Road. Officer Carden answered yes. Mr. Zbrzeznj asked can you tell the Board about that. Officer Carden said that she made contact with the property owner through the VRBO.com, the vacation rental website, and inquired for property over a long Memorial Day weekend in which she received a response on a different property that 766 Fiddlewood Road was available for a week timeframe. She said an agreement followed, written by Mr. Fitz, detailing the amounts for a seven (7) night stay and she advised him that she wasn t interested. 9 12/14/16 CEB

13 Mr. Zbrzeznj asked was the conversation mentioned reflected in the s that were previously placed on the doc cam. Officer Carden answered yes. Mr. Zbrzeznj said those are the s she was referencing. Officer Carden answered yes. Mr. Zbrzeznj asked after that, did Mr. Fitz ever contact you. Officer Carden answered yes. Mr. Zbrzeznj asked by what means. Officer Carden said by a phone call to her cell phone. Mr. Zbrzeznj asked what was the substance of that call. Officer Carden said it was the day after their correspondence and he called to ask if she was still interested in renting the property at which time she told him that she was looking for something nicer and he said that he didn t blame her and to let him know if she needed anything else. Mr. Zbrzeznj said that he had no further questions. Mr. Johnathan Rhodeback, Attorney of Rooney and Rooney representing Mr. Charles Fitz, said that he had a few questions for Ms. Sanderson and Officer Carden. Mr. Rhodeback said Ms. Sanderson, you stated; I believe it was three (3) separate occasions that you observed out of state vehicles at the residence 766 Fiddlewood Drive. He asked is that correct. Ms. Sanderson said that is correct. Mr. Rhodeback said they were in the period of February 27, 2015 to March 4, He asked that s the first time, correct. Ms. Sanderson said that is correct. Mr. Rhodeback said the second time would have been from March 9, 2015 to April 2, Ms. Sanderson said that is correct. Mr. Rhodeback said the third time was from May 6, 2015 to May 7, Ms. Sanderson said that is correct. Mr. Rhodeback said the fourth time would have been from October 26, 2015 to October 28, Ms. Sanderson said that would not be the fourth time. That was the last time. Mr. Rhodeback asked in each of those instances where you witnessed the out of state vehicles, did anyone have any communication with the tenants to ask how long it was that they were renting the property. Ms. Sanderson said attempts were made to contact the tenants and they would not answer the door. Mr. Rhodeback said so in none of those four (4) separate instances they are discussing the tenants communicated that they were renting the property for less than 30 days. He asked is that correct. Ms. Sanderson said there wasn t any contact with the tenants. Mr. Rhodeback said there are three (3) separate websites, VRBO, Home Away, and Vacation Home Rentals that Ms. Sanderson observed particular advertisements at 766 Fiddlewood Road as being rented for less than 30 days. Ms. Sanderson said that is correct /14/16 CEB

14 Mr. Rhodeback asked when was the last time that she witnessed an advertisement that 766 was being rented for less than 30 days. Ms. Sanderson answered approximately in October. Mr. Rhodeback asked October of this year. Ms. Sanderson answered yes. She said that she did not have an exact date; it was just by periodically checking the property. Mr. Rhodeback asked so it is your testimony today that he (Mr. Fitz) is still advertising that these properties are available to rent for less than 30 days. Ms. Sanderson answered no. She said this particular property now has a 30-day minimum. Mr. Rhodeback asked do you know when that change was made. Ms. Sanderson answered no. Mr. Rhodeback said in the instance where Officer Carden sent the to rent 766 Fiddlewood Road from the period of May 21, 2015 to May 28, 2015, no one actually occupied the property. He asked is that correct. Ms. Sanderson said not that she knew of. Mr. Rhodeback showed on the doc cam the citation. He said that Ms. Sanderson testified that this is a true and accurate copy of the citation she served Mr. Fitz on April 29, He asked is that correct. Ms. Sanderson answered yes. Mr. Rhodeback referred to the paragraph that states correction required by May 13, He asked does that mean that he (Mr. Fitz) has the opportunity to correct the violation by that date. Ms. Sanderson said that is correct. Mr. Rhodeback asked did you observe on any of the advertising websites that 766 Fiddlewood Road was available for rent for less than 30 days after May 13, Ms. Sanderson said that she believed so, yes. Mr. Rhodeback asked which website. Ms. Sanderson answered Vacation Rental By Owner. Mr. Rhodeback asked what exactly is the time period the citation is for that she is stating he (Mr. Fitz) violated, or was operating a guest house and transient quarters. Ms. Sanderson asked for compliance. Mr. Rhodenback said that is correct. Ms. Sanderson said the compliance was May 13, Mr. Rhodeback said in the instances that she saw out of state plates on vehicles parked outside 766 Fiddlewood Road, you stated that you never talked with the tenants. He asked is that correct. He said in fact, you don t know if they are tenants. He asked is that correct. Ms. Sanderson answered yes. Mr. Rhodeback had no further questions for Ms. Sanderson. Mr. Rhodeback said Officer Carden testified that she sent an to Mr. Fitz inquiring about renting the property from May 21, 2015 to May 28, Officer Carden said that she did /14/16 CEB

15 Mr. Rhodeback said you told him (Mr. Fitz) that you weren t interested and was looking for property that was nicer. He asked is that correct. Officer Carden answered yes. Mr. Rhodeback asked when did you send the to Mr. Fitz. Officer Carden said April 28 th and April 29 th were the days of correspondence. Mr. Rhodeback asked do you have any record when Mr. Fitz actually received the citation stating that he was operating a guest house and transient quarters. Officer Carden said that she only knows it was after their correspondence and the telephone call. Mr. Rhodenback said after sending that to Mr. Fitz, he still would have had time to correct the violation by May 13, He asked is that correct. Officer Carden asked that the question be repeated. Mr. Rhodenback said by the time Mr. Fitz received the violation notice he would have had an opportunity to have correct it by May 13, Officer Carden said yes, I believe so. Mr. Rhodenback said he (Mr. Fitz) didn t actually rent his property to you for one (1) week from May 21, 2015 to May 28, He asked is that correct. Officer Carden said that is correct. Mr. Rhodenback had no further questions. Mr. Zbrzeznj said that Mr. Fitz is present for today s hearing and he has been sworn in. Mr. Fitz approached the dais. Mr. Zbrzeznj asked are you the property owner of 766 Fiddlewood Road, Vero Beach. Mr. Fitz answered yes. Mr. Zbrzeznj asked did you rent your properties to people for periods of one (1) week. Mr. Fitz asked when. Mr. Zbrzeznj asked prior to the citation. Mr. Fitz answered yes. Mr. Zbrzeznj asked what about after the citation. Mr. Fitz answered no. Mr. Zbrzeznj asked did you rent your property to anyone for periods of 10 days after the citation was issued. Mr. Fitz answered no. Mr. Zbrzeznj asked did you rent to anyone for less than 30 days after the citation was issued. Mr. Fitz answered no. Mr. Zbrzeznj said but you did before the citation was issued. Mr. Fitz said that is correct. Mr. Zbrzeznj asked did you pay the fine. Mr. Fitz answered no. Mr. Zbrzeznj had no further questions /14/16 CEB

16 Mr. Rhodenback had no further questions. Mr. Zbrzeznj said the Board heard that there were advertisements that the property was rented or advertised to be rented for periods of a minimum of seven (7) days and that continued. He said Ms. Sanderson testified that the last date she saw someone at the property for a short period time was October, She observed multiple vehicles at the home multiple different times. She testified that she continued to observe after the citation. They have advertisements, vehicles, an exchange where he sent the contract to Officer Carden to rent the property for a seven (7) day duration for close to $2,000 and the admissions that were in the documents in the sworn testimony, the affidavit, as well as his (Mr. Fitz) admission today that he rented for periods of one (1) week prior to the issuance of the citation. He said that he (Mr. Fitz) testified that he did not pay the civil penalty. Mr. Zbrzeznj said compliance is two-fold. It is compliance and payment. Mr. Mr. Fitz did not pay the civil penalty and Ms. Sanderson testified that he has continually rented the property. Mr. Zbrzeznj asked that the Board find the property in the violation, as well as a continuing penalty beyond the May 13, 2015 compliance date. Mr. Rhodenback said Ms. Sanderson s testimony was not that he (Mr. Fitz) continued to rent the property after May 13, Testimony was that she observed vehicles at the property from out of state residents and she did not know if they were tenants or anyone else for that matter. No one was able to talk to these alleged tenants and find out whether they were family, friends, etc. He said there is no evidence that the advertisements actually resulted in anyone renting the property for less than 30 days. Mr..Fitz testified that after receiving the citation that he did not rent this property for less than 30 days, or less than one (1) week. He (Mr. Fitz) actually went into compliance, which the citation expressly provides for, that he could comply by May 13, 2015 and that is exactly what Mr. Fitz did once he received the citation. For that reason he did not think Mr. Fitz should be receiving a $500 civil penalty because there is no evidence that he was in violation and if the Board disagrees, he (Mr. Fitz) should not be held to a continued penalty without any evidence. Mr. Noonan felt there was plenty of evidence that Mr. Fitz was in violation at least up until the date of correction. Mr. Price referred to the date of October, He asked Ms. Sanderson if she recognized cars from out of state until then or did she see the advertisement on the website until then. Ms. Sanderson said the property has been continually monitored since last year so when out of state tags were noted, they were documented. Mr. Price said only through October of this year. Ms. Sanderson said that is correct. Mr. Noonan asked does the Code actually say anything about advertising or is it just the renting. Ms. Kira Honse, Assistant City Attorney, said it is about the transient use of it so it has more to do with the time frame /14/16 CEB

17 Mr. McGann asked Ms. Sanderson when was the last date that she saw cars with foreign plates on the property. Ms. Sanderson answered October 28, Mr. McGann said so it was well after the May 13 th date. Ms. Sanderson said that is correct. Mr. Price noted that was a different year. Mr. McGann said it was continually advertised until that period. Ms. Sanderson said as far as she knows. At this time, Mr. Wayne Coment, City Attorney, entered the meeting. Mr. Noonan asked Mr. Coment if the Code says anything about advertising or if it was just the use. Mr. Coment referred to the continuing penalties. He explained that if the Board finds there is a violation and the violator is responsible, they have to establish a date to correct. They don t impose continuing penalties unless the violator does not correct by that date. He said the Board can establish the amount of the penalty that would be imposed if it is not corrected by the date given by the Board and the penalty could back track all the way back to the first date given for correction on the citation. He said advertising creates presumption that the property is rented out. He explained that the Board is bound by their authority, which the Code states that they shall give time to correct and then if not corrected they then can impose the penalties that they establish, which can go back to the date given on the citation for correction. Mr. McGann asked Ms. Sanderson how many days total did she see vehicles with out of state license plates. Ms. Sanderson said there has been ongoing monitoring of the property, but she did not total the days. McGann said that he had no doubt that the house was being rented. Mr. Noonan made a motion that there was a violation, the house was being rented and that he was unsure if the violation continues so he would say the property is in compliance and that the Board upholds the civil penalty of $500. Mr. McGann disagreed. He said it was continually advertised through October, 2016 and there was evidence by Officer Carden. Mr. Noonan noted that was before the correction date. Mr. McGann said that is right, but there was evidence that Ms. Sanderson presented with cars in the driveway. He said if they were relatives or friends he didn t see where it would be difficult to present an affidavit or a statement stating that they were not renting. He said that he didn t know if he would propose a fine for everyday, but everyday they could document that there were cars on the property he felt the penalty should stand at $500 per day. That is his motion /14/16 CEB

18 Mr. McDonald agreed. Mr. Price did not understand why it is advertised for less than 30 days. Ms. Sanderson said that it is no longer advertised for less than 30 days. Mr. Price asked up until when, October. Ms. Sanderson said that she did not know exactly. Mr. Fitz stated that he took the advertisement off the day of the citation. He said that he is allowed to lease for more than 30 days, so there might be cars there. Mr. Price asked Ms. Sanderson if she could confirm that. He asked after May 13 th, were there any advertisements for less than 30 days on the website. Ms. Sanderson said to the best of her knowledge, but looking back a year she didn t know. She believed so. She said once he started the appeal process they just monitored the property and documented what was going on with the property as it went through the appeal process. Mr. McGann said on two (2) occasions she did see cars in the driveway with out of state plates. Ms. Sanderson said on several occasions. Mr. McGann asked can you be more specific. Mr. Bryant thought it was four (4). Mr. McGann questioned four (4) separate occasions. Ms. Sanderson answered no. She was saying that there were cars throughout the time frame that had out of state plates. They presented the time frame today and then they were stating that as late as of October of this year. Mr. McGann said so between the time you posted the notice and this date, you said that at multiple periods there were cars in that driveway with out of state plates. Ms. Sanderson said that is correct. She said there were cars there in July, there were cars there in August that were not registered to the owner, there were vehicles there in January, and so on. Mr. Price said for less than 30 days. Ms. Sanderson said that is correct. Mr. McGann asked can they ask the owner who these people were. Mr. Coment said there is no reason they can t, but he doesn t have to answer. Mr. McGann asked Mr. Fitz if he would like to address this issue. Mr. Fitz answered yes. Mr. McGann said the problem as he sees it is that he (Mr. Fitz) was served on May 13, He asked is that correct. Mr. Fitz said that is correct. Mr. McGann said you claim from that point forward you did not advertise and you did not rent it. Mr. Fitz said for less than 30 days /14/16 CEB

19 Mr. McGann said the Code Officer presented evidence that there were cars there for less than 30 days. He asked do you have documents or anything that shows when you did rent it that it was for 30 days. Mr. Fitz said that he does, but not with him. He said some people rent it for three (3) months at a time so there would be cars there. Mr. Price said you also signed contracts. Mr. Fitz said yes. Mr. McGann asked does your attorney have the documents. Mr. Noonan asked Mr. Coment does Mr. Fitz have to prove himself innocent or does the City have to prove him guilty. Mr. Coment answered no. He noted that there is only one (1) citation, they can only assess one (1) penalty. They can t do the other days because they have not ordered him (Mr. Fitz) to correct yet and if they find that it is corrected then there are no continuing penalties. Ms. Honse read from the Ordinance that defines transient occupancy, which states, or which is advertised or held out to the public as a place regularly rented to guests for periods of less than 30 days. She said so it does include the advertising. Mr. Rhodenback said that he didn t have all of them, but he does have three (3) leases that came from the Circuit Court. He showed on the doc cam a copy of three (3) leases. Mr. McGann said except for the last lease shown, he (Mr. Fitz) was charging the same amount for 30 days as he did for seven (7). Mr. Rhodenback said right. Mr. Fitz said whatever he can negotiate because he has to have a 30-day lease so he can only get what he can get. Mr. Rhodenback asked Mr. Fitz to tell the Board why there is a difference in the price. Mr. Fitz said some are seasonal. Mr. Price asked why did this take this long to be presented to the Board. Ms. Honse said it was put in abeyance because of the appeal of the interpretation, as well as the litigation involving the Ordinance. Mr. Price said at this point they were just discussing the civil penalty. Mr. Noonan explained that they were discussing if he (Mr. Fitz) came into compliance as of the compliance date. Mr. McGann felt it was clear that he (Mr. Fitz) didn t. Mr. Noonan said there are leases. Mr. McGann said the lease says 32 days and he (Mr. Fitz) charged them $1,700. He said that he could absolutely assure them that no house on central beach was renting for $1,700 a month /14/16 CEB

20 Mr. Noonan said that one did. Mr. Fitz said it was better than nothing. Mr. Zbrzeznj said they saw three (3) leases. He said there was over a year between May of 2015 and they are now in December of 2016 with some of them for multiple periods of time. But, the Code Officer testified that she monitored the property and there were plates there for short periods of time less than that amount. He would submit that anyone can put anything on a piece of paper. Mr. McGann asked Officer Carden if she was provided with a lease or a copy of a lease. Officer Carden said it was an agreement via . Mr. McGann asked did it look like the ones that you saw (referring to the leases that were placed on the doc cam). Officer Carden answered no. Mr. McGann asked what did it look like. Officer Carden said it was placed on the doc cam earlier in the hearing. It was just within the body of the . Mr. Coment explained that the real question for the Board is if there originally was a violation, if there was still a violation today, and if it has been corrected. He said what is important is that today is the first time the Board is deciding the case so they are still bound by the same rules as if it came before them last year. Mr. Price asked can they look on the websites to see if it is still being advertised for seven (7) days. Ms. Sanderson reported that this particular property is being advertised for 30 days. Mr. Price said they don t know when it changed. Ms. Sanderson said that is correct. Mr. Coment explained that the Board is bound by the evidence presented by both sides. Mr. McGann asked how long was this case actually in appeal. He asked from what date to what date. Ms. Sanderson said it was scheduled to go before the Board on April, 2015 and Mr. Fitz requested interpretation by the Planning and Development Director, which started the appeal process. Mr. McGann said that he was trying to exclude fine periods that he wants to propose. Mr. Rhodenback thought it was in May that they contested the interpretation or implacability of the Code provisions on the issue and it made its way all the way up to the appellant division, which he thought was about one and a half months ago. Pursuant to the City s Code, they then requested a hearing after the mandate issued by the appellant division and this is their first hearing. He thought that it was October or November when the appeal was officially over and the request was made. Mr. McGann asked between the date of April 29, 2015, when was the appeal filed. He explained that what he was looking at was between the time that it was posted and the appeal process actually started, he sees this as a continuing violation. That would be his motion /14/16 CEB

21 Mr. Noonan said they would need to decide if the property is in compliance today. Ms. Honse said he (Mr. McGann) is looking at establishing if it was in violation at the time the citation was issued, that it was not corrected in the time that was given. Then the Board would have to find that he (Mr. Fitz) needs to pay the civil penalty, the Board has to give him an opportunity to cure Mr. McGann said the only thing the Board can look at today is the $500 fine. Ms. Honse said that is correct. She said if they don t find him (Mr. Fitz) in compliance as of today the Board would give him an opportunity to cure and if he doesn t cure by that date then the Board could impose fines back to the citation date that the property was to be brought into compliance. Mr. Noonan repeated his motion in that the Board finds there was a violation, the property is now in compliance, and to assess the $500 civil penalty. Mr. McGann seconded the motion and it passed unanimously. B) Non-Compliance / Compliance Reports *Please note that the following cases on today s agenda were not heard in the order listed. 1. Request for Board Order a. CASE #16-CE-6685 / 919M VIOLATOR: Beatriz Rey VIOLATION: Garage enclosed without permits, approval, or certificate of occupancy from the Indian River County Building Department; fence on the property does not have Code Compliance from the City of Vero Beach nor a permit from the Indian River County Building Department VIOLATION ADDRESS: 2326 Atlantic Boulevard, Vero Beach, Florida Ms. Sanderson said that Ms. Rosie Lake of the Police Department was present today to translate in order to make sure they have clarification in that English is a second language of Ms. Rey. Ms. Honse noted that prior to Ms. Sanderson presenting her case, the interpreter needed to be sworn in, noting that there is a different oath for interpreters. At this time, The Deputy City Clerk swore in Ms. Rosie Lake of the Police Department. Ms. Sanderson reported that this case previously came before the Board and the Board issued a Board order extending the time for correction of the violation to December 14, 2016 by obtaining after the fact approvals and permits for the enclosure of the garage and construction 18 12/14/16 CEB

22 of the fence. She thought that the permit was issued for the fence. Ms. Rey is present to give an update on the status of obtaining permits for the enclosure of the garage. Ms. Lake interpreted what was being said for Ms. Rey. Ms. Rey reported that she received the permit for the fence. She contacted MBV Engineering who gave her a telephone number for a contractor. The man she spoke with at MBV Engineering told her that he would work with the contractor and it would be about four (4) months. She was told that they have to inspect the home to see how the walls were built and then they would go from there. Mr. Bryant asked would they be coming to her home within four (4) months to do an assessment. Ms. Rey said that is correct. Mr. Bryant asked if there was a contract. Ms. Rey answered no. Mr. Bryant asked do they have a four (4) month backlog. Ms. Rey answered yes. Ms. Sanderson felt that Ms. Rey has done what she could. She said the fence needed code compliance and a permit, which was done. She said that Ms. Rey is showing good faith. Mr. McGann asked Ms. Sanderson for her recommendation. Ms. Sanderson suggested that the Board allow six (6) months. Mr. Noonan said this might be a case where a compliance agreement is needed. Ms. Sanderson felt that was a good idea. Ms. Lake translated what was being discussed to Ms. Rey. Ms. Honse recommended that the Board put this case in abeyance in that Ms. Rey enters into a compliance agreement and if not then the case would be brought back before the Board. Mr. Noonan asked Ms. Rey if she understood this. Ms. Rey answered yes. Mr. Noonan made a motion that the Board puts this case in abeyance for 30 days to allow 30 days to enter into a compliance agreement with the City and if that doesn t occur within 30 days the case will come back before the Board. Mr. Bryant seconded the motion and it passed unanimously /14/16 CEB

23 b. CASE #16-CE-6716 / 927M VIOLATOR: Russell W. O Brien and Karen O Brien VIOLATION: Failure to obtain permit to repair seawall VIOLATION ADDRESS: 701 Tides Road, Vero Beach, Florida Mr. Russell O Brien, Property Owner, apologized to the Board that he is back before them after they granted him a 90-day continuance. He reported that the Department of Environmental Protection (DEP) permit was granted on October 27, 2016, Mr. John Blum of Carter and Associates, completed the drawing on drainage issues that needed to be cured on December 7, 2016, which was submitted to Mr. Matt Mitts, Assistant City Engineer, and was approved. The drawings were then submitted to Wilco (contractor) who provided him with the application for permit two (2) days ago. He reported that he provided Ms. Sanderson with all this information. He said that he was told by his contractor that they will file for the permit in the next 10 days. He asked the Board to allow a small extension to complete the process. Mr. Noonan asked Ms. Sanderson if she was satisfied with the progress. Ms. Sanderson felt that he was doing his best. Ms. Honse said in order to avoid having this case come back before the Board, she would suggest that the Board find there was a violation, that the violation has not been corrected, that it be corrected by a date certain, and if not corrected then the initial civil penalty be paid and a continuing daily penalty would begin going back to the date that it should have been corrected originally. Mr. O Brien asked if they were going to set a hard date that the Board give him some leeway as it is out of his hands. Mr. Bryant said if they were holding him to getting a permit, he would allow 90 days. He felt that they should give him a minimum of 60 days to obtain the permit from the County. Mr. McGann made a motion that the Board gives Mr. O Brien until the day prior to the February 7, 2017 Code Enforcement Board meeting to correct the violations. He said that Mr. O Brien has been doing his best to get this done so he did not think fines were appropriate at this time. Mr. O Brien asked if the permit is applied for and is granted, does he need to come back before the Board. Mr. Noonan answered no. Mr. Price said the $50 civil penalty still has to be paid. Ms. Sanderson said the Board waived the civil penalty at the last hearing /14/16 CEB

24 Mr. McGann amended his motion that the Board allows to February 7, 2017 to come into compliance and if not in compliance that a continuing civil penalty of $50 a day would commence. Mr. Noonan seconded the motion and it passed unanimously. c. CASE #16-CE-6703 / 923M VIOLATOR: Shane Wright and Tara Lynn Wright VIOLATION: Windows installed without a permit VIOLATION ADDRESS: 2616 Laurel Drive, Vero Beach, Florida (PAID $50 Civil Penalty) - (Property found in compliance on October 24, 2016) Ms. Sanderson reported that the property was found in compliance on October 24, She requested a Board order finding compliance. Mr. Noonan made a motion that the Board finds that there was a violation, the violation has been corrected as of October 24, 2016, and to impose the civil penalty in the amount of $50, which has been paid. Mr. Bryant seconded the motion and it passed unanimously. d. CASE #16-CE-6681 / 980T VIOLATOR: Jose Baez VIOLATION: Construction without required permits; construction without development review and approval VIOLATION ADDRESS: st Avenue, Vero Beach, Florida (PAID $50 Civil Penalty - $45.20 Cost of Enforcement - Total: $95.20) (Property found in compliance on November 22, 2016) Ms. Sanderson reported that the property was found in compliance on November 22, She asked the Board to find the property in compliance as of November 22, Mr. Noonan made a motion that the Board finds there was a violation, the violation was corrected as of November 22, 2016, to impose the civil penalty of $50 and the cost of enforcement of $45.20, which has been paid. Mr. Price seconded the motion and it passed unanimously. e. CASE #16-CE-7153 / VIOLATOR: Roderick Anthony Grandison VIOLATION: Animal restrictions VIOLATION ADDRESS: 1049 Easter Lilly Lane, Vero Beach, Florida The Deputy City Clerk swore in Mr. Roderick Grandison, Property Owner. Ms. Sanderson reported that a citation was issued by Officer Evans for having a dog at large on the beach. She reported that the civil penalty in the amount of $50 has not been paid /14/16 CEB

25 Mr. Grandison reported that he attempted to pay the penalty at the Indian River County Courthouse and they told him there wasn t anything filed. Ms. Sanderson told Mr. Grandison that he is now in the right place if he was prepared to pay. Mr. Grandison agreed. Mr. Noonan made a motion that the Board upholds the civil penalty in the amount of $50. Mr. Bryant seconded the motion and it passed unanimously. f. CASE #16-CE-7123 / 996M VIOLATOR: ARLP Trust; C/O Ocwen Loan Servicing, LLC VIOLATION: Landscape on site VIOLATION ADDRESS: th Street, Vero Beach, Florida (Repeat Violation $100 Civil Penalty) (Property found in compliance on November 14, 2016) Ms. Sanderson reported that the property was found in compliance on November 14, 2016 and the civil penalty in the amount of $100 has been paid. Mr. Noonan made a motion that the Board finds there was a violation, the violation has been corrected as of November 14, 2016 and to impose the civil penalty in the amount of $100. Mr. Bryant seconded the motion and it passed unanimously. 7. OLD BUSINESS None 8. ADMINISTRATIVE MATTERS None 9. CLERK S MATTERS None 10. ATTORNEY S MATTERS None 11. CHAIRMAN S MATTERS None 12. MEMBER S MATTERS None 22 12/14/16 CEB

26 13. ADJOURNMENT Today s meeting adjourned at 3:22 p.m. /sp 23 12/14/16 CEB

27 CITY OF VERO BEACH BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-7209 KEVIN MCENERNEY Citation No.: 1084T Violator TO: Kevin McEnemey NOTICE OF HEARING 30 Starfish Drive Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board ofthe City of Vero Beach ("Board") regarding the above-styled code enforcement case as follows: DATE and TIME: January 1'-'1'---th at 2:00 P.M. LOCATION OF HEARING: VERO BEACH CITY HALL th PLACE. VERO BEACH. FL PURPOSE OF HEARING: ~ Appeal of code enforcement citation. D Failure to Correct Violation(s). D Failure to Pay Civil Penalty and/or Costs. D Other (describe): YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the right to present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation or application of the Code provision(s) cited as being violated, such appeal must be made in writing to the designated administrative authority of the City as defined in sec or that appeal is waived. If such administrative appeal is taken, it must be finally decided before the Board may hear appeal of the citation. Page 1 of new noh form.doc

28 IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LATE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record ofthe hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at: City Clerk's Office, City Hall, th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. FOR THE CODE ENFORCEMENT BOARD Date: December By: ~ ~ Board Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28th day of December Board Clerk Page 2 of new noh form.doc

29 December 13, 2016 To: Vero Beach Police Dept. Code Enforcement Division Kevin McEnemey RE: 30 Star Fish Dr. Vero Beach FL, I request to have a hearing to contest citation# 1084T 16-CE Kevin McEnemey 7

30 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION th Street Vero Beach, FL CODE ENFORCEMENT CITATION No. 1084T / 16-CE-7209 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on December at N/A Name: Mcenerney, Kevin 30 Starfish Dr of: Vero Beach, FL at (violation address): 30 Starfish Dr in the City of Vero Beach, Florida committed the following civil offense: Tree removal/harmful pruning practices without approvals or permitting. Violation of code provision(s): 72.47{b) (a)(b)(c) Facts constituting violation: Tree removal/harmful pruning practices without approvals or permitting. After the fact permitting fees doubled and double mitigation fees apply. Please obtain and remit necessary paperwork through the COVB Planning Department at (772) on or before 12/28/2016. CIVIL PENALTY: $ PAY BY DATE: 12/28/2016 REPEAT VIOLATION " CORRECTION REQUIRED BY: 12/28/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Ramsey Date Issued: 12/05/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall oth Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual Date: CLERK COPY Certified Mail Receipt:

31 72.47 (b) Harmful pruning practices. No specimen tree, protected tree or palm, or tree or palm required by an approved site plan or landscape plan shall be subjected to topping, tipping or other excessive pruning practices. Any such pruning that causes the destruction or killing of such tree or palm or otherwise results in its removal shall be a violation of this Code and subject to the mitigation requirements of this chapter. "Removal means the act of removing or causing removal of a tree or palm from the ground in which it grew or was planted or effectively causing its removal or destruction by damaging the trunk; tipping or other harmful or excessive pruning; damaging or removing major limbs, roots, or canopy volume; changing the natural grade above the root system or around the trunk; damaging the tree or palm such that it permits infection or pest infestation; applying any chemical or substance to or near the tree or palm; paving with concrete, asphalt, or other impervious material adjacent to or near the tree or palm; or any other action that causes the tree or palm to be dead or beyond recovery whether or not the tree or palm is physically removed." Sec Removal without permit unlawful. (a) Removal without permit. It shall be unlawful and a violation of this Code for any person to directly or indirectly through any means, remove, cause the removal of any specimen tree, protected tree or palm, or any tree or palm required by an approved site plan or landscape plan without first obtaining the permit required by section 72A1.

32 (b) Minimum penalties. The following specified minimum penalties shall apply for each violation of subsections (a) and (d) of this section: Tree or palm species removed Penalty each tree or palm l ' Specimen live oak $ Specimen other tree species Protected live oak Protected other tree or palm species Tree or palm required by site plan or landscape plan* (*other than a specimen tree or protected tree or palm).. {c) Remedial permit and enhanced mitigation required. Any person having admitted or having been found responsible for a violation of subsection (a) shall within a reasonable amount of time: (1) Submit the permit application required pursuant to section to the planning and development department and pay double the established application and permit fees; and (2) Provide double the mitigation that would have been required pursuant to section had the tree or paim been removed, reiocated, or repiaced pursuant to an approved permit.

33 The requirements of this subsection shall be in addition to and not in lieu of any punishment, penalty, or costs imposed, assessed, or paid. A reasonable amount of time allowed for compliance with this subsection shall be determined by the authority having jurisdiction of the violation.

34 CITY OF VERO BEACH BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-7060 ASBURY UNITED METHODIST CHURCH, INC. Citation No.: 1069T Violator TO: Asbury United Methodist Church, Inc. NOTICE OF HEARING rd Avenue Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board of the City of Vero Beach {"Board") regarding the above-styled code enforcement case as follows: DATE and TIME: January 1"-'1'-th at 2:00 P.M. LOCATION OF HEARING: VERO BEACH CITY HALL, h PLACE, VERO BEACH, FL PURPOSE OF HEARING: D Appeal of code enforcement citation. [29 Failure to Correct Violation(s). ~ Failure to Pay Civil Penalty and/or Costs. D O~er~escribaj:. ~ YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the right to present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation or application of the Code provision(s) cited as being violated, such appeal must be made in writing to the designated administrative authority of the City as defined in sec or that appeal is waived. If such administrative appeal is taken, it must be finally decided before the Board may hear appeal of the citation. Page 1 of new noh form.doc

35 IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LATE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record of the hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at: City Clerk's Office, City Hall, th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. FOR THE CODE ENFORCEMENT BOARD Date: December 28, 2016 By: ~ ~ ~4 Board Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28 1 h day of December Board Clerk 2015 new noh form.doc Page 2 of 2

36 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION th Street Vero Beach, FL CODE ENFORCEMENT CITATION No. 1069T / 16-CE-7060 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on September at N/A OR/Gl Name: Asbury United Methodist Church, Inc* rd Ave of: Vero Beach, FL at {violation address): rd Ave in the City of Vero Beach, Florida committed the following civil offense: It shall be unlawful for any owner of real property within the city to maintain the real property so that any of the following conditions. which shall be considered to be public nuisances. exist on such real property: (4) Any tree which is dead or contains dead wood in the trunk. branches or limbs so as to constitute a hazard: Violation of code provision(s): {b)(4) Facts constituting violation: Dead Trees on site require a permit to be issued. tree(s) to be removed and civil penalty remittance on or before 10/31/2016. CIVIL PENALTY: $50.00 PAY BY DATE: 10/31/2016 REPEAT VIOLATION " CORRECTION REQUIRED BY: 10/31/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Ramsey Date Issued: 10/11/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall th Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual CLERK COPY Certified Mail Receipt:

37 CODE ENFORCEMENT BOARD CITY OF VERO BEACH, FLORIDA IN THE MATTER OF: Asbury United Methodist Church, Inc. CASE#: 1069T/ 16-CE-7060 AFFIDAVIT OF POSTING NOTICE OF HEARING BEFORE ME, the undersigned authority, personally appeared, Tom Ramsey, Code Enforcement Officer for the City of Vero Beach, Florida, who after being duly sworn deposes and says: 1. That, Tom Ramsey confirms that Code Enforcement citation(s) were posted at the following locations; rd Ave, Vero Beach, Florida FURTHERAFFIANT SAYETHNOT. DATED this 29th SIGNATURE 0 CODE ENFORCEMENT OFFICER STATE OF FLORIDA COUNTY OF INDIAN RIVER SWORN TO and SUBSCRIBED before me this 29th day of December, 2016

38 CITY OF VERO BEACH BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-7132 DOROTHY LOUANN HENRY & ROCHELL PICKRODT Citation No.: 1079T Violator TO: Dorothy Louann Henry & Rochell Pickrodt NOTICE OF HEARING th Avenue Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board ofthe City of Vero Beach ("Board") regarding the above-styled code enforcement case as follows: DATE and TIME: January ----'-11-'"-th at 2:00 P.M. LOCATION OF HEARING: VERO BEACH CITY HALL, th PLACE, VERO BEACH, FL PURPOSE OF HEARING: D Appeal of code enforcement citation. ~ Failure to Correct Violation(s). ~ Failure to Pay Civil Penalty and/or Costs. D Other (describe): YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the right to present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation or application of the Code provision(s) cited as being violated, such appeal must be made in writing to the designated administrative authority of the City as defined in sec or that :-...,_;.. -,J I.& ,J-:-:-.a :..,_ :-..._1.,-- :.a. - -"" t...- i:--lh,,..1 ;,.1-""" t...-.t-a--..." CltJtJCCll I;:) VVCllVCU. 11 ;:)Uvl I CIUI 1111 ll;:)ll ClllVC CltJtJCCll I;:) lcll'\ci 1, ll 11 IU;:)l UC 1111a11y UCvlUCU UCIVI c ll IC Board may hear appeal of the citation. Page 1of new noh form.doc

39 IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LATE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record of the hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at: City Clerk's Office. City Hall th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. FOR THE CODE ENFORCEMENT BOARD Date: December 28, 2016 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28 1 h day of December Board Clerk Page 2 of new noh form.doc

40 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION th Street. Vero Beach, FL CODE ENFORCEMENT CITATION No. 1079T / 16-CE-7132 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, J In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on October at NIA Name: Henry, Dorothy Louann & Rochell Pickrodt th Ave of: Vero Beach, FL at (violation address}: th Avenue in the City of Vero Beach, Florida committed the following civil offense: (d) In residential districts. no motor vehicle. as defined in F.S shall be parked or stored in the required front yard setback except on a designated driveway or other improved surface. Violation of code provision(s): (d) Facts constituting violation: Multiple cars remain in the reauired front yard. Please have all vehicles placed within the approved surface driveway and removed from the required front yard and remit civil penalty on or before 11/28/2016. CIVIL PENALTY: $50.00 PAY BY DATE: 11/28/2016 REPEAT VIOLATION ' CORRECTION REQUIRED BY: 11/28/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Ramsey Date Issued: 11/07/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall oth Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual Date: CLERK COPY Certified Mail Receipt:

41 CODE ENFORCEMENT BOARD CITY OF VERO BEACH, FLORIDA IN THE MATTER OF: Dorothy Louann Henry & Rochell Pickrodt CASE#: 1079T/ 16-CE-7132 AFFIDAVIT OF POSTING NOTICE OF HEARING BEFORE ME, the undersigned authority, personally appeared, Tom Ramsey, Code Enforcement Officer for the City ofvero Beach, Florida, who after being duly sworn deposes and says: 1. That, Tom Ramsey confirms that Code Enforcement citation(s) were posted at the following locations; th Ave. Vero Beach. Florida FURTHER AFFIANT SA YETH NOT. DATED this 29th day of D_ec_e_m_b_er, 2016 ORCEMENT OFFICER STATE OF FLORIDA COUNTY OF INDIAN RIVER SWORN TO and SUBSCRIBED before me this 29th day of December, 2016 NOT~~&~ MY cuission~res: U ORIG~

42 CITY OF VERO BEACH BEFORETHECODEENFORCEMENTBOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-7158 JILL SILCOX & SHELLY ROBERTSON Citation No.: 1078T Violator TO: Jill Silcox & Shelly Robertson NOTICE OF HEARING 1521 Dads Road Baker, Florida and rd Avenue Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board of the City of Vero Beach ("Board") regarding the above-styled code enforcement case as follows: DATE and TIME: January ----'1'--"'1_th at 2:00 P.M. LOCATION OF HEARING: VERO BEACH CITY HALL, th PLACE, VERO BEACH, FL PURPOSE OF HEARING: D Appeal of code enforcement citation. ~ Failure to Correct Violation(s). ~ Failure to Pay Civil Penalty and/or Costs. D Other (describe); YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the rightto present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation or application of the Code provision(s) cited as being violated, such appeal must be made in writing to the designated administrative authority of the City as defined in sec or that ".':!rinno.~i i~ \A1~i\1.orl 1-F ~11,...h ~rlminic'+r~+i"' ' ""''U"'\r'\.O.~I i~ ,o.n i+ r'v'll IL"'+ h.~.f:in..-.11,, rlo.,...irlo.rl h.o..t:'"-ra +ho. QtJtJVc;;u ~ vwc;uvvu. II ~UVll CIUlllllll~LICU.IYV DtJtJVCU ~ Lctn.v11, IL lllui:>l UV llllclllj uvun..avu UC"IVIO Board may hear appeal of the citation. Page 1of new noh form.doc

43 IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LA TE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record ofthe hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at: City Clerk's Office. City Hall, th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. Date: December FOR THE CODE ENFORCEMENT BOARD By: ~- V t4 Board Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28 1 h day of December Board Clerk Page 2 of new noh form.doc

44 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION [ CODE ENFORCEMENT CITATION th Street Vero Beach, FL No. 1078T / 16-CE-7158 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on November at N/A Name: Silcox, Jill & Shelly Robertson 1521 Dads Rd I of: Baker, FL at (violation address): rd Av in the City of Vero Beach, Florida committed the following civil offense: Overgrowth and garbage. rubbish, dead trees on site. Violation of code provision(s): (b) (1.5) Facts constituting violation: Overgrowth and garbage. rubbish. dead trees on site and strewn throughout the property. Please make corrections and remit civil penalty on or before 11/23/2016. CIVIL PENALTY: $ PAY BY DATE: 11/23/2016 REPEAT VIOLATION " CORRECTION REQUIRED BY: 11/23/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Ramsey Date Issued: 11/07/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall th Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual Date: CLERK COPY Certified Mail Receipt:

45 CITY OF VERO BEACH, FLORIDA Code Enforcement th Place, Vero Beach, FL CODE ENFORCEMENT CITATION No. 0584T / 15-CE-5582 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on Mar at N/A Name: of: Silcox, Jill(50%) & 1521 Dads Rd Baker, FL at (violation address): rd Av in the City of Vero Beach, Florida commited the following civil offense: (b) It shall be unlawful for any owner of real propert;y within the city to maintain the real propert;y so that any of the following conditions. which shall be considered to be public nuisances, exist on such real propert;y: (1) Weeds. grass. or undergrowth at a height of more than 12 inches: 5) Garbage. rubbish. trash. debris. dead trees. or other unsightly or unsanitary substances or materials. which are not properly enclosed and waiting for normal trash pickup. or which are accumulated in a building or other structure in such a manner that it would provide food or harborage for rats: Violation of code provision(s): (b) 1.5} Facts constituting violation: Property has many items of debris and trash strewn about and significant grass. weeds. and undergrowth in excess of 12". Please have all correction made on/or before 4/30/2015 to avoid further code enforcement action. CIVIL PENALTY: $50.00 PAY BY DATE: 04130/2015 ~i REPEAT VIOLATION l~ CORRECTION REQUIRED BY: 04/30/2015. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Tom Ramsey Date Issued: 04/16/2015 Department: VBPD/Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall th Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1, 000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual Date: VIOLATOR COPY Certified rv1ail Receipt:

46 ---CODE ENFORCEMENT BOARD CITY OF VERO BEACH, FLORIDA IN THE MATTER OF: Jill Silcox & Shelly Robertson CASE#: 1078T/ 16-CE-7158 AFFIDAVIT OF POSTING NOTICE OF HEARING BEFORE ME, the undersigned authority, personally appeared, Tom Ramsey, Code Enforcement Officer for the City ofvero Beach, Florida, who after being duly sworn deposes and says: 1. That, Tom Ramsey confirms that Code Enforcement citation(s) were posted at the following locations; rd A venue. Vero Beach, Florida FURTHERAFFIANT SAYETHNOT. STATE OF FLORIDA COUNTY OF INDIAN RIVER Jennifer Kelley NOT.ARY PUBLIC STATE OF FLORI01; Ccrnm# ExplJ'H 6118/2019

47 CITY OF VERO BEACH BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-7031 WILLIAM C. LEE Citation No.: 1077T Violator TO: William C. Lee NOTICE OF HEARING th A venue, # l.ctfQO Vero Beach, Florida m and th Avenue Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board ofthe City of Vero Beach ("Board") regarding the above-styled code enforcement case as follows: 1 DATE and TIME: January...;...11""- h at 2:00 P.M. LOCATION OF HEARING: VERO BEACH CITY HALL, h PLACE, VERO BEACH. FL PURPOSE OF HEARING: D Appeal of code enforcement citation. ~ Failure to Correct Violation(s). D Failure to Pay Civil Penalty and/or Costs. D o~~(describaj= ~~~~~~~~~~~~~~~~~~~~~~~ YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the right to present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation or application of the Code provision(s) cited as being violated, such appeal must be made in writing to the designated administrative authority of the City as defined in sec or that =-...-:..._... '" - -'- -..J-:-: :, :-..._,, :.a.- -"''"'"'.c=:--11,.,.,,. ;,..1",.1 a,..._.,:-_.._... CljJjJCC:ll I;) VVCllVCU. 11 ;)Uvl I CIUI 1111 ll;)ll ClllVC CljJjJCCll I;) LCll\.CI 1, IL 11 IU;)l UC 111 IClllY UCIJIUvU UvlVI v LI Iv Board may hear appeal of the citation. Page 1of new noh form.doc

48 IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LA TE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record of the hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at: City Clerk's Office. City Hall, th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. FOR THE CODE ENFORCEMENT BOARD Date: December By:~~ Board Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28 1 h day of December new noh form.doc Page 2 of 2

49 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION CODE ENFORCEM!:NT CITATION ] th Street Vero Beach, FL No. 1077T / 16-CE-7031 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on September at N/A Name: William C Lee ORIG!M th Ave #308 of: Vero Beach, FL ~ at (violation address): th Av in the City of Vero Beach, Florida committed the following civil offense: (e) Continuing maintenance required. Failure to comply with and to continually maintain all elements of an approved site plan. including required landscaping. appearance. and other site development features. shall be a violation of this Code and subject to fines and penalties as provided for in this Code. Violation of code provision(s): 64.11(e) Facts constituting violation: Site plan not maintained in accordance with COVB approved requirements. Please make arrangements to meet with a City POD (planner of the day) to review site plan and then make improvements as required by ordinance. Please remit civil penalty and make necessary corrections on or before 11/18/2016. CIVIL PENALTY: $50.00 PAY BY DATE: 11/18/2016 REPEAT VIOLATION ~ CORRECTION REQUIRED BY: 11/18/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Ramsey Date Issued: 11/03/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall th Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cashl If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual Date: CLERK COPY Certified Mail Receipt:

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51 CITY OF VERO BEACH BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-6999 MARTIN v AN PUTTEN - c/o JUDY DAVIS Citation No.: 1062T Violator TO: Martin Van Putten- c/o Judy Davis NOTICE OF HEARING th Avenue Vero Beach, Florida and ?1h Avenue Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board of the City of Vero Beach ("Board") regarding the above-styled code enforcement case as follows: DATE and TIME: January 11th at 2:00 P.M. LOCATION OF HEARING: VERO BEACH CITY HALL th PLACE. VERO BEACH. FL PURPOSE OF HEARING: D Appeal of code enforcement citation. D Failure to Correct Violation(s). D Failure to Pay Civil Penalty and/or Costs. [!! Other {describe); Request to find property in compliance YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the right to present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation or aoolication.. of the Code. orovision(s).... cited as beino - violated, such appeal.. must be made in writing to the designated administrative authority of the City as defined in sec or that 2015 new noh form.doc Page 1 of 2

52 appeal is waived. If such administrative appeal is taken, it must be finally decided before the Board may hear appeal of the citation. IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LATE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record of the hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at: City Clerk's Office, City Hall, th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. FOR THE CODE ENFORCEMENT BOARD Date: December 28, 2016 By : ~/ ~~ Board Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28 1 h day of December Board Clerk Page 2 of new noh form.doc

53 BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA CITY OF VERO BEACH VS. MARTIN VAN PUTTEN C/O JUDY DA VIS th Avenue Vero Beach, Florida CASE NO. 16-CE-6999 CITATION NO. 1062T ORDER TO CORRECT VIOLATION, IMPOSING CONTINUING PENALTIES AND TO PAY CIVIL PENALTIES AND COSTS VIOLATIONS: City of Vero Beach Code ("Code") section (b)(l); Weeds, grass, and undergrowth in excess of 12". VIOLATION LOCATION: th Avenue, Vero Beach, Florida The above-styled case having come before the Board on the 9th day of November 2016, on request of the code enforcement officer for a Board order and having heard the testimony of the officer and the violator's representative Judy Davis (daughter), and the Board having reviewed the record in this action, on motion made and approved, found that: 1. The citation and notice of hearing issued in this case were served as provided by law and the violator' s representative appeared for this hearing and testified on the violator's behalf. 2. The violator did not appeal issuance of the citation in this case within the time allowed by law and thereby waived the right to a hearing before the Board to contest the issuance of the citation, which waiver of hearing is deemed an admission ofthe violation specified in the citation. The civil penalty in the amount of$50.00 has not been paid. 3. The violations specified in the citation have not been corrected by the violator as of this hearing, and the civil penalty in the amount of $50.00 has not been paid. 4. It would be appropriate to allow the violator until November 28, 2016, to correct the violation, and if not corrected a continuing civil penalty in the amount of $50.00 per day shall_be imposed commencing on November 29, No cost of enforcement was requested; however, the City is entitled to all costs of recording the Board orders and satisfactions. IT IS THEREFORE ORDERED AND ADJUDGED BY THE BOARD THAT: The violator is deemed to have committed the violation as specified above and on the citation, which violation is continuing in nature. The violator shall correct all of the cited violation by November 28, 2016, and pay to the City Clerk, within 30 days from the date of this Order, the civil Page 1 of2

54 penalty of $50.00 assessed on the citation and a continuing civil penalty of $50.00 per day hereby imposed for each day the violation continues to exist after November 28, If the violation is not in compliance by this date, a continuing civil penalty in the amount of $50.00 per day shall commence on November 29, 2016, until corrected, together with all costs of satisfying and recording release of the resulting lien upon payment. No. costs are assessed at this time. f;;!z DONE AND ORDERED at Vero Beach, Indian River County, Florida this cj t day of (\ Du e.,.n.~ r ATTEST: CODE ENFORCEMENT BOARD Sherri Philo, as Board Clerk [Seal] Approved as to form and legal sufficiency: Kira C. Honse, as Board Attorney IMPORTANT INFORMATION Correction of Violations: AFTER CORRECTING THE VIOLATIONS, OR FOR ADDITIONAL INFORMATION, YOU MUST CONTACT THE CODE ENFORCEMENT OFFICER by Telephone or , or in person at the Code Enforcement Office, Vero Beach Police Department, th Street, Vero Beach, FL in order to request re-inspection to avoid imposition of additional civil penalties against you. Payment of Civil Penalties and Costs: You must contact the City Clerk's Office at for the total amount of civil penalties, enforcement costs, recording and other costs required to satisfy this order and lien after the violations are corrected. Payment may be made in person at the City Clerk's Office located in City Hall, th Place, Vero Beach, Florida 32960, Monday through Friday between 8:30 A.M. and 5:00 P.M., or by mailing a check or money order for the verified amount to said address, payable to "City of Vero Beach." Do not mail cash! Repeat Violation: Repeat violation of the same Code provision by the violator, even if committed at a different location, can result in the issuance of a code enforcement citation and assessment of increased civil penalties for the repeat offense. Notice of Right to Appeal Board Decision: An aggrieved party may appeal the Board's order to the Circuit Court in Indian River County, Florida. A written notice of appeal, together with a copy of the order appealed, must be filed with the Clerk of the Code Enforcement Board and with the Clerk of the Circuit Court, together with the applicable court filing fees, within thirty (30) days after the date of this order or the right to appeal is waived. An appeal is limited to appellate review of the record of the proceedings created before the Code Enforcement Board. Ref F.S (1); Florida Rules of Appellate Procedure, 9.030(c)(l)(C); 9.1 lo(c). Page 2 of2

55 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION th Street - 16 VeroBeach,FL32960 No.1062T / 16-Cr~.'.t;g~g 2 ~, 1 ~:1D -- tkct 1m~ STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACHt1imourd: oti Accb $50.DD In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has.just nd reasonable grounds to believe, and does believe that on September at N/A Name: Van Putten, Martin C/O Judy Davis th Ave of: Vero Beach, FL at {violation address): th Ave in the City of Vero Beach, Florida committed the following civil offense: Weeds. grass. and undergrowth in excess of 12". Violation of code provision(s): (b) (1) Facts constituting violation: Weeds. grass. and undergrowth in excess of 12". Please correct violation and remit payment on or before 10/11/2016. CIVIL PENALTY: $50.00 PAY BY DATE: 10/11/2016 REPEAT VIOLATION " CORRECTION REQUIRED BY: 10/11/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Ramsey Date Issued: 09/26/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: City Clerk's Office. City Hall th Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual Date: CLERK COPY Certified Mail Receipt:

56 CITY OF VERO BEACH BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA Telephone (772) vs. CASE No's.: 16-CE-6919 PENNYMAC HOLDINGS, LLC ; ATTN: CHRIS WHITE Violator Citation No.: 9'""""7~0M=--- TO: Pennymac Holdings, LLC; Attn: Chris White NOTICE OF HEARING 6101 Condor Drive Moor Park, CA and 3865 Indian River Drive East Vero Beach, Florida YOU ARE HERBY NOTIFIED that a hearing is scheduled before the Code Enforcement Board ofthe City of Vero Beach ("Board") regarding the above-styled code enforcement case as follows: DATE and TIME: January 11th at 2:00 P.M. LOCATION OF HEARING: PURPOSE OF HEARING: D Appeal of code enforcement citation. D Failure to Correct Violation(s). D Failure to Pay Civil Penalty and/or Costs. VERO BEACH CITY HALL, th PLACE, VERO BEACH, FL ~ Other (describe): Request to find property in compliance and to pay civil penalties and costs YOUR HEARING RIGHTS: You have the right to be represented at the hearing by an attorney at your own expense if you so choose, however an attorney is not required. You have the right to present witnesses and other evidence on your behalf and to cross-examine witnesses against you. You have the right to testify or not testify on your own behalf. CITATION APPEALS: Pursuant to COVB Code sec , the Board's authority on appeal of a citation is limited to fact-finding only. If your appeal of the citation is to contest the interpretation 2015 new noh form.doc Page 1of2

57 or application of the Code provision(s) cited as being violated, such appeal must be made in writing to the designated administrative authority of the City as defined in sec or that appeal is waived. If such administrative appeal is taken, it must be finally decided before the Board may hear appeal of the citation. IF YOU FAIL TO APPEAR: If you do not appear at the hearing in person or by your attorney to defend this matter, you will be deemed to have waived your right to a hearing and the Board may rule against you in your absence and enter an order accordingly. Also take notice that such waiver of your right to a hearing will be deemed your admission of the violation(s) cited if the hearing is for appeal of the citation. LATE CORRECTION OF VIOLATION OR LATE PAYMENT: This case may be presented to the Board even if all cited violations have been corrected and civil penalties and costs have been paid prior to the hearing. HEARING RECORD: This hearing involves non-criminal code enforcement matters. You are responsible for insuring, at your own expense, that a verbatim record of the hearing is made by a Florida certified court reporter should you desire to appeal an adverse decision of the Board to the Circuit Court. POSTPONEMENTS: No request for postponement of the hearing will be considered unless such request is made in writing, stating good reason for the requested postponement, and received by the board clerk at least five (5) days prior to the date set for the hearing at City Clerk's Office, City Hall, th Place, Vero Beach, Florida PLEASE GOVERN YOURSELF ACCORDINGLY. Date: December FOR THE CODE ENFORCEMENT BOARD By:e? ~ Board Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing Notice of Hearing was provided to the above-named violator by first class U.S. Mail addressed to the above-specified address this 28th day of December Page 2 of new noh form.doc

58 CITY OF VERO BEACH vs RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2974 PG: 1498Page1 of210/21/ PM BEFORE THE CODE ENFORCEMENT BOARD OF THE CITY OF VERO BEACH, FLORIDA TH PLACE VERO BEACH, FLORIDA CASE NO. 16-CE-6919 CITATION NO. 970M PENNYMAC HOLDINGS, LLC Attention: Chris White 6101 Condor Drive AND 3865 Indian River Drive East Moor Park, CA Vero Beach, Florida ORDER TO CORRECT VIOLATIONS AND TO PAY CIVIL PENALTY AND COSTS; IMPOSING CONTINUING CIVIL PENALTIES VIOLATION: City of Vero Beach Code Sec (a);(b)(1)(7); stagnant swimming pool; weeds, grass, and undergrowth at a height of more than 12 inches. LOCATION: 3865 Indian River Drive East, Vero Beach, Florida The above-styled case having come before the Board on the 14th day of September 2016 on request of the code enforcement officer for a Board order to correct violations and the Board, having. heard report of the code enforcement officer regarding the violation having not been corrected and having reviewed the record in this case, on motion made and approved, found that: The citation issued in this case was served as provided by law; however the violator did not appeal issuance of the citation in this case within the time allowed by law ahd thereby waived the right to a hearing before the Board to contest the issuance of the citation, which waiver of hearing is deemed an admission of the violations as specified in the citation. 2. Notice ofthis hearing was served as provided by law; however the violator failed to appear. 3. The violations specified on the citation have not been corrected and are continuing and the civil penalty of $50.00 assessed on the Citation has not been paid. 4. The City did not request enforcement costs at this time; however, the City is entitled pursuant to law to recover all costs of recording the Board's orders in the public records and for preparing and recording releases of the resulting liens.. IT IS THEREFORE ORDERED AND ADJUDGED BY THE BOARD THAT: The violator is deemed to have committed the violations as specified above and on the citation, which violations are continuing in nature. The violator shall correct all of the cited violations by Page 1 of2

59 .. ~ ' October 11, 2016 and pay to the City Clerk, within 30 days from the date of this Order, the civil penalty of $50.00 assessed on the citation and a continuing civil penalty of $50.00 per day hereby imposed for each day the violations continue to exist after October 11, 2016 until corrected, together with all costs of recording the Board's orders in the public records and costs of satisfying and recording release of the resulting lien upon payment. No costs are assessed at this time. DONE AND ORDERED at Vero Beach, Indian River County, Florida this d ) ~-(0 )-<_,y-i}:;;---e/" ATTEST: / ~7. /.~ yr ~~ r:=---1~- 7- _,rg/<. Snerri Philo, as Board Clerk CODE ENFORCEMENT BOARD [Seal] Approved as to form and legal sufficiency: \ ~ R-~ IMPORTANT INFORMATION Correction of Violations: AFTER CORRECTING THE VIOLATIONS, OR FOR MORE INFORMATION,. YOU MUST CONTACT THE CODE ENFORCEMENT OFFICER at Telephone # or , or in person at the Code Enforcement Office, Vero Beach Police Department, th Street, Vero Beach, FL in order to requ~st re-inspection to avoid imposition of additional civil penalties against you. Payment ofcivil Penalties and Costs: You must contact the City Clerk's Office at for the total amount of civil penalties, enforcement costs, recording and other costs required to satisfy this order and lien. Payment may be made in person at the City Clerk's Office located in City Hall, th Place, Vero Beach, Florida 32960, Monday through Friday between 8:30 A.M. and 5:00 P.M., or by mailing a check or money order for the verified amount to said address, payable to "City of Vero Beach." Do not mail cash! Notice of Right to A ppeal Board Decision: An aggrieved party may appeal the Board's order to the Circuit Court in Indian River County, Florida. A written notice of appeal, together with a copy of the order appealed, must be filed with the Clerk of the Code Enforcement Board and with the Clerk of the Circuit Court, together with the applicable court filing fees, within thirty (30) days after the date of this order or the right to appeal is waived. An appeal is limited to appellate review of the record of the proceedings created before the Code Enforcement Board. Ref F.S (1); Florida Rules of A..ppellate Procedure, 9.030(c)(l)(C); 9.1 lo(c). Page 2 of2

60 VERO BEACH POLICE DEPARTMENT CODE ENFORCEMENT DIVISION th Street Vero Beach, FL CODE ENFORCEMENT CITATION No. 970M / 16-CE-6919 STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF VERO BEACH, In the name of the City of Vero Beach, Florida: The undersigned officer certifies that he/she has just and reasonable grounds to believe, and does believe that on August at n/a Name: PennyMac Holdings, LLC Attn: Chris White 6101 Condor Dr of: Moor Park, FL at (violation address): 3865 Indian River Dr E in the City of Vero Beach, Florida committed the following civil offense: PUBLIC NUISANCE: Stagnant swimming pool and weeds. grass or undergrowth at a height of more than 12 inches. Violation of code provision(s): (a) (b) (1) (7) Facts constituting violation: Pool is stagnant and must be restored to water clarity and have continuous filtration or be covered. Grass must be cut and maintained at a height of less than 12 inches. CIVIL PENALTY: $50.00 PAY BY DATE: 08/17/2016 REPEAT VIOLATION CORRECTION REQUIRED BY: 08/17/2016. This is a correctable violation and must be corrected by the date specified. Each day that the violation remains uncorrected after the date specified is a separate violation and additional civil penalties and costs may be assessed against you without issuance of additional citations. You must contact the issuing officer and request re-inspection once the violation is corrected or if you need additional time to correct the violation. If you do not correct the violation by the date specified the City may also take action to correct the violation and assess the costs of correction plus administrative fees as a lien against the property on which the violation was corrected in addition to any lien for civil penalties or costs. Issued by: Sanderson Date Issued: 08/02/2016 Department: VBPD Code Enforcement Telephone: RIGHT TO HEARING OR TO PAY REDUCED PENALTY: You must either file a written request for a hearing to contest this citation OR pay the reduced civil penalty specified above at: Cib' Clerk's Office. Cib' Hall th Place. Vero Beach. Florida WRITTEN REQUEST FOR A HEARING MUST BE RECEIVED WITHIN TEN (10) DAYS (excluding Saturdays, Sundays, and legal holidays) OR YOUR RIGHT TO A HEARING IS WAIVED AND DEEMED YOUR ADMISSION OF THE VIOLATION. Make checks payable to "City of Vero Beach." Do not mail cash! If correction of the violation is required above, the timely filing of a request for a hearing will toll the accrual of continuing violation penalties pending outcome of the hearing. Your right to pay the reduced penalty specified above is waived if you elect to contest the citation and, if after the hearing you are found to be responsible for the violation, a civil penalty of up to $500 ($1,000 for contracting violations) may be assessed against you for each day of violation, plus administrative and enforcement costs. Your signature below acknowledges receipt of a copy of this citation and is NOT an admission of the violation. Willful refusal to sign and accept this citation is a misdemeanor criminal offense punishable as provided by law. Signature of Individual CLERK COPY Certified Mail Receipt: [}ORIGINAL