CITY OF MARATHON CODE COMPLIANCE DEPARTMENT

Transcription

1 CITY OF MARATHON CODE COMPLIANCE DEPARTMENT 9805 Overseas Highway, Marathon, Florida Phone: (305) Fax: (305) MINUTES Code Compliance Board Action Minutes March 9, 2011 City of Marathon Fire Station 8900 Overseas Highway, Marathon, Florida A. CALL TO ORDER A meeting of the Code Compliance Board of Marathon, Florida was held on March 9, 2011 at the City of Marathon Fire Station, 8900 Overseas Hwy., Marathon, Florida. Chairman Grego called the meeting to order at 6:04 PM. B. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. C. ROLL CALL-Present Board Member,Vito Giglio Board Member, Steven Britske Board Member, John Repetto Board Member, John Keller Board Member, William Mathews Vice-Chair, Steve Pearson Chairman, David Grego, comprising a quorum Also in Attendance: Code Board Attorney, Tom Wright Asst. City Attorney, Joe Jimenez Code Inspector, Cynthia J. McPherson Code Inspector, Rewa Maldonado Code Board Secretary, Maria Thorley Marc Maison, MCSO Witness, Pablo Delgado Witness, Joseph E. Ardolino 1

2 Witness, Thomas Johnston Witness, Leo Dodier Witnesses, Michael and Heather Dworniczak Members of the Public: Marisela Delgado D. APPROVAL OF AGENDA Ms. McPherson stated the following: DELETION: Item J/Case #5 C Withdrawn due to compliance Prior to the hearing DELETION: Item J/Case #6 C Withdrawn due to compliance Prior to the hearing With no objections, Chairman Grego declared the agenda approved with changes. E. APPROVAL OF MINUTES MOTION: Steve Pearson made a motion to approve the minutes of February 9, SECOND: Steven Britski With no objections from the Board, Chairman Grego declared the motion approved by unanimous consent. F. SWEARING OF WITNESSES Chairman Grego called for Witnesses to be sworn and administered the Oath to the following: Cynthia J. McPherson Rewa Maldonado Pablo Delgado Joseph E. Ardolino Thomas Johnston Leo Dodier Michael Dworniczak Heather Dworniczak Pablo Delgado John Repetto Steve Pearson G. READING OF THE NOTICES Ex-Parte Communication John Repetto reported a conversation with George Garrett, Planning Director and being Chairman of Planning Commission/ Council member involved with the initial approval of storage for case C and later recused himself. 2

3 Mr. Pearson, also later recused himself from Case C reporting a conflict due to private gain. H. REQUEST FOR FINE REDUCTION Inspector Cynthia J. McPherson 1. Wachovia Mortgage, FSB Case Number C One East Broward Boulevard, 3 rd Floor Fort Lauderdale, FL Location of Violation: th Street, Marathon, FL Inspector McPherson presented a brief summary of the case indicating Fines and Fees totaling $10, ($9,900-Fine, $600-Adm.Fees, $ Clean-up costs). Leo Dodier, representative for Wachovia Bank, FSB was present. Mr. Dodier gave a history of the property and Wachovia s efforts to clean up and maintain it. He requested an 80% reduction of the Fines. MOTION: John Repetto made motion to reduce the Fine by 80% resulting in $ plus the Administrative Fees of $ and the Clean up cost of $350.00, totaling $ to be paid within thirty (30) days or the Fine reverts to the original amount. SECOND: Bill Mathews Motion carried unanimously. I. HEARING ON AFFIDAVIT OF NON COMPLIANCE Inspector Cynthia J. McPherson 1. Kim Kamradt Case Number C PO Box Marathon, FL Location of Violations: th St., Marathon, FL Inspector McPherson presented the case indicating the property has been brought into compliance. However, it failed to do so prior to the compliance date ordered by the Board resulting in thirteen (13) days of non compliance. The Respondent was not present. However, the property is in the process of a short sale and the realtor, Lynn Goodwin and the new buyers, Micheal and Heather Dworniczak were present. Ms. Goodwin explained the buyers are ready to close but cannot do so with an open code violation/case. The property has been abandoned and neglected for months. She stated this is a first home for the young couple who are expecting a baby soon and asked for consideration assessing no Fines. 3

4 Mrs. Dworniczak stated the current owner has no money and she and her husband have had to put a substantial amount of money and work into the project to get it into compliance. They really want to close, move in, get settled before the baby arrives and become part of the community. MOTION: Steve Pearson made a motion to assess no Fine for non compliance, only the Administrative Fee of Three Hundred Dollars ($300.00) SECOND: John Repetto Motion carried unanimously. J. HEARING ON NEW CASES Inspector Cynthia J. McPherson 1. Volcano Properties, Inc. Case Number C PO Box Miami, FL Location of Violations: 2146/2188 Overseas Hwy., and adjacent vacant residential lot. Inspector McPherson gave a case summary describing the violations. Inspection and review of records revealed the placement of fill without the benefit of a permit in violation of Section 6-52(a) (2) of the Marathon Code. Several complaints were registered regarding the large pile of dirt stored creating dust and unhealthy conditions. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Property Records, Deed, Div. of Corps, & Map Complaints Code Section Notices, Receipts and/or Affidavits Photos Copy of Presentation The Respondent was not present. However, Mr. Repetto and Mr. Pearson spoke on their behalf. Mr. Repetto objected to Exhibit E, Photos stating the property is posted No Trespassing and Inspector McPherson did not have permission from the owner to go onto the property and trespassed when taking the photos. Asst. City Attorney, Joe Jimenez stated this lot was leased by sewer contractors procured by the City of Marathon to install the city s wastewater system. The City may inspect such sights. Mr. Repetto rescinded the objection. All Exhibits were entered and accepted into evidence. 4

5 George Garrett, Planning Director for the City Marathon testified giving a summary of the historical data. A Conditional Use Permit was issued in May 2009 to L & S Storage. Therefore, storage is allowed under the previous code and owner. A discussion followed regarding the definitions and types of storage addressed by the conditional use permit; indoor storage, or storage of auto, RV or boat, or outdoor storage. Asst. Attorney, Joe Jimenez stated the letter granting the conditional use was not specific and just indicated storage. The lot had history of being used to store boats, trailers, etc. as photos have shown. It was not used previously to store dirt, which would be considered outdoor storage. There was no permit for outdoor storage. Therefore, in lieu of going through another conditional use review, a fill permit would rectify the problem Mr. Garrett admitted the letter was not specific but the intent of the letter was to allow the storage of dirt/fill. Mr. Repetto, an agent for Volcano Properties, spoke on their behalf. He served on the Planning Commission/Council at that time and offered historical knowledge. He provided current licenses for the business and photos but did not have copies to submit into evidence. Mr. Pearson, also spoke on behalf of Volcano Properties. He testified the lot has always been used for storage. The dirt placed on the property was being stored which is allowed as Mr. Garrett indicated. The dirt has not been spread and is not fill. Mr. Johnston a resident of Faro Blanco, an adjacent property to dirt pile, spoke. He has lived adjacent to this property since 1987 and was aware of the storage of boats, trailers, etc. No dirt. He continued the very large pile has created dust and dirt throughout his home inside and out. He is concerned about health issues. Residents have been complaining for months. MOTION: Bill Mathews made a motion to find the Respondent in not in violation of Section 6-52(a) (2) of the Marathon Code, entitled Building Permits Required. SECOND: Steven Britski Motion carried unanimously minus two recused members. Inspector Rewa Maldonado 2. Maricela Delgado Case Number C SW 102 nd St. Miami, FL Location of Violations: 1301 Grouper Drive, Marathon, FL (RE# ) 5

6 Inspector Maldonado presented the case describing the violations. Inspections revealed the work being done after a STOP WORK ORDER was posted in violation of Section 6-61 of the Marathon Code entitled, Working through a Stop Work Order/Red Tag. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Property Records, Deed, & Map Code Section and STOP WORK ORDER Notices, Receipts and/or Affidavits Photos Copy of Presentation All Exhibits were entered and accepted into evidence. The Respondent was present. However her husband, Pablo spoke on her behalf. Mr. Delgado admitted to working through the STOP WORK ORDER and accepted the penalty. MOTION: Bill Mathews made a motion to accept the City s recommendation and find the Respondent in not in violation of Section 6-61 of the Marathon Code, entitled Working Through a Stop Work Order/Red Tag ; to pay a Fine in the amount of Five Hundred Dollars ($500.00) and to pay an Administrative Fee in the amount of Three Hundred Dollars ($300) to the City of Marathon within 30 days. SECOND: Vito Giglio Motion carried unanimously. Inspector Rewa Maldonado 3. Maricela Delgado Case Number C SW 102 nd St. Miami, FL Location of Violations: 1301 Grouper Drive, Marathon, FL (RE# ) Inspector Maldonado presented the case describing the violations. Inspections revealed the work being done after a STOP WORK ORDER was posted in violation of Section 6-61 of the Marathon Code entitled, Working through a Stop Work Order/Red Tag. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Property Records, Deed, & Map Code Section and STOP WORK ORDER Notices, Receipts and/or Affidavits Photos Copy of Presentation All Exhibits were entered and accepted into evidence. 6

7 The Respondent was present. However her husband, Pablo spoke on her behalf. Mr. Delgado again admitted to working through the STOP WORK ORDER and accepted the penalty. MOTION: John Repetto made a motion to find the Respondent in violation of Section 6-61 of the Marathon Code, entitled Working Through a Stop Work Order/Red Tag ; to waive the Fine; and to pay an Administrative Fee in the amount of Three Hundred Dollars ($300) to the City of Marathon within 30 days. SECOND: William Mathews ROLL CALL: Repetto-Yes Mathews-Yes Britski-No Keller-No Pearson-No Giglio-Yes Grego-No Motion fails, 4-3. SECONDMOTION: Steven Britski made a motion to accept the City s recommendation and find the Respondent in violation of Section 6-61 of the Marathon Code, entitled Working Through a Stop Work Order/Red Tag ; to pay a Fine in the amount of Five Hundred Dollars ($500.00) and to pay an Administrative Fee in the amount of Three Hundred Dollars ($300) to the City of Marathon within thirty (30) days. SECOND: John Keller ROLL CALL: Britski-Yes Keller-Yes Mathews-No Repetto-No Pearson-Yes Giglio-Yes Grego-Yes Inspector Rewa Maldonado 4. Joseph E. Ardolino Case Number C C/O Robert Miller. PO Box Marathon, FL Location of Violations: th Street, Marathon, FL

8 Inspector Maldonado presented the case describing the violations. Inspections revealed high grass, weeds, and debris in addition to an unregistered/unlicensed travel trailer in violation of Sections (a); (b) of the Marathon Code entitled Premises to be Cleaned of Debris and Noxious Material and Section of the Land Development Regulations entitled, Abandoned Vehicles Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Property Records & Deed Code Sections Notices, Receipts and/or Affidavits Photos Copy of Presentation All Exhibits were entered and accepted into evidence. Inspector Maldonado reported the property has been mowed, trimmed and cleaned up. However, the travel trailer remains unregistered/unlicensed. The Respondent was present. Mr. Ardolino stated the travel trailer is in an estate and he is trying to secure a title which is required before he can register it. Due to the legal issues with the estate, he had trouble getting the proper paperwork but will register it as soon as he gets the title. MOTION: John Repetto made a motion to find the Respondent in violation of Section of the Land Development Regulations, entitled Abandoned Vehicles ; to register the travel trailer and to pay an Administrative Fee in the amount of Three Hundred Dollars ($300) to the City of Marathon within 30 days. SECOND: John Keller Motion carried unanimously. K. OLD BUSINESS 1. Ms. McPherson reported the Fence Maintenance Ordinance and the Lot Mowing Ordinance were approved at first reading by the City Council. Second reading will be March 29, L. NEW BUSINESS-None M. DISCUSSION ITEMS-None N. ANNOUNCEMENTS 1. Ms. McPherson introduced Maria Thorley who has transferred from Administration to the Code Department and will be acting as the Code Board Secretary. 8

9 O. ADJOURNMENT With no further business to come before the Board, Chairman Grego adjourned the meeting at 8:05 PM by unanimous consent. I certify the above represents an accurate summary of the Code Compliance hearing held on March 9, Cynthia J. McPherson, Code Compliance Director 9