CODE ENFORCEMENT BOARD MEETING Wednesday, December 10, :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, December 10, :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 November 12, 2014 B) Agenda Additions, Deletions and Adoption 5. EVIDENTIARY HEARINGS A) Citation Appeals 1. CASE #14-CE-5254 / 0450T VIOLATOR: Daniel Cory Martin VIOLATION: Removal of trees without a permit VIOLATION ADDRESS: 27 th Avenue, Vero Beach, Florida B) Notice of Assessment Appeals C) Non-Compliance Reports 1. Requests for Notice of Assessment a. CASE #14-CE-5128 / 370M VIOLATOR: Acacia Treasure Coast, LLC VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches throughout the property; building materials/brick pavers stored on site without an approved or current building permit VIOLATION ADDRESS: 1110 Royal Palm Boulevard, Vero Beach, Florida Request for Board Order a. CASE #14-CE-5087 / 0410T 1

2 VIOLATOR: Brenda Laflamme VIOLATION: Trash and debris throughout the yard; grass, weeds, and undergrowth in excess of 12 inches; skate ramp in road right-of-way (Repeat Violation) VIOLATION ADDRESS: th Street, Vero Beach, Florida b. CASE #14-CE-5135 / 0428T VIOLATOR: Jose, Gabriel, and Margarita Barajas VIOLATION: Exterior storage of many items within the confines of the carport; including sofa, pool table, boxes, equipment, etc. VIOLATION ADDRESS: th Avenue, Vero Beach, Florida c. CASE #13-CE-4631 / 312M VIOLATOR: Brian Wykoff / One West Bank VIOLATION: Large dead tree in the back yard VIOLATION ADDRESS: 2411 Buena Vista Boulevard, Vero Beach, Florida UNLICENSED CONTRACTORS/CITATIONS 7. OLD BUSINESS 8. ADMINISTRATIVE MATTERS 9. CLERK S MATTERS A) Approval of Annual Report 10. ATTORNEY S MATTERS A) An Ordinance of the City of Vero Beach, Florida, Amending Section 2-301, Subsection 2-302(C), and Section of the Code of The City of Vero Beach, Florida, Relating to Code Enforcement Board Hearings; Hearing Notices; and Interpretation of Code Provisions; Providing for Codification; Providing for an Effective Date. 11. CHAIRMAN S MATTERS 12. MEMBER S MATTERS 13. ADJOURNMENT 2

3 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, November 12, :00 p.m. City Hall, Council Chambers, Vero Beach, Florida PRESENT: Chairman, Harry Howle; Vice Chairman, Kirk Noonan; Members: Suzanne Shell and Dan Hargett Also Present: City Attorney, Wayne Coment; Code Enforcement Officer, Tom Ramsey; Code Enforcement Officer, Melody Sanderson 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 witnesses testifying for today s meeting en masse. 3. PRELIMINARY MATTERS A) Adoption of Minutes October 8, 2014 Mr. Noonan made a motion to adopt the minutes of the October 8, 2014 Code Enforcement Board meeting. Mr. Howle seconded the motion and it passed unanimously. B) Agenda Additions, Deletions and Adoption Mr. Tom Ramsey, Code Enforcement Officer, pulled from today s agenda, item 4-C) 1 a Abg5, LLC C/O Scott Parker. He reported that the property is in compliance and the civil penalty has been paid. He also pulled from today s agenda, item 4-C) 2 b Said Moobark. Ms. Sanderson moved Case #14-CE Estate of Richard W. Adams / James A. Schorner, PA and J.P. Morgan Chase Bank to be heard as item 4-C) 2b, Request for Board Order. She reported that the property was brought in compliance as of November 12, Mr. Howle made a motion to adopt the agenda as amended. Mr. Hargett seconded the motion and it passed unanimously. 4. EVIDENTIARY HEARINGS A) Citation Appeals 1 11/12/14 CEB

5 None B) Notice of Assessment Appeals None C) Non-Compliance Reports 1. Requests for Notice of Assessment This case was pulled from today s agenda. a. CASE #14-CE-5070 / 0429T VIOLATOR: Abg5, LLC C/O Scott Parker VIOLATION: Continued failure to strip the parking lot per the site plan VIOLATION ADDRESS: 2001 Indian River Boulevard, Vero Beach, Florida b. CASE #14-CE-5087 / 0410T VIOLATOR: Brenda Laflamme VIOLATION: Trash and debris throughout the yard; grass, weeds, and undergrowth in excess of 12 inches; skate ramp in road right-of-way (Repeat Violation) VIOLATION ADDRESS: th Street, Vero Beach, Florida Mr. Ramsey reported that service of the citation was provided by posting the property. He reported that the violation had not been corrected as of November 12, 2014 and the civil penalty has not been paid. There is a cost of enforcement in the amount of $ Mr. Wayne Coment, City Attorney, asked is this a repeat violation. Mr. Ramsey answered yes, Mr. Coment asked is that why the civil penalty is $ Mr. Ramsey answered yes. Mr. Howle made a motion that the Board find the violation as cited on the citation is continuing and to direct the Clerk to issue a Notice of Assessment of continuing penalties imposing the initial civil penalty of $ assessed on the citation and continuing civil penalties of $ per day commencing on October 16, /12/14 CEB

6 Mr. Coment said the Board could impose a continuing penalty of $ per day on this case. He asked Mr. Ramsey if he was requesting continuing penalties of $ or $ per day. Mr. Ramsey replied $ per day. Mr. Hargett asked has there been any contact with the violator. Mr. Ramsey said they have not paid for their first violation. However, they did comply at one point. Mr. Coment clarified that the Board could issue a continuing penalty of $ per day, but the Code Officer is only requesting that they issue a continuing penalty of $ per day. He asked is the property occupied. Mr. Ramsey answered yes. Mr. Coment said because the property is occupied the City cannot enter the property and clean it up. He asked is the property owned by Ms. Brenda Laflamme. Mr. Ramsey answered yes. Mr. Coment said then it is probably homestead, which would mean that the liens could not be attached to the property. But, if she sells the property then it would not be homestead and the City could potentially collect on the liens. Mr. Howle continued with his motion that the Board issues a Notice of Assessment of continuing civil penalties of $ per day commencing on October 16, 2014 along with the cost of enforcement of $ Mr. Noonan seconded the motion and it passed unanimously. c. CASE #14-CE-5128 / 370M VIOLATOR: Acacia Treasure Coast, LLC VIOLATION: Weeds, grass, or undergrowth at a height of more than 12 inches throughout the property; building materials/brick pavers stored on site without an approved or current building permit VIOLATION ADDRESS: 1110 Royal Palm Boulevard, Vero Beach, Florida Ms. Melody Sanderson, Code Enforcement Officer, reported that service of the citation was provided by certified mail. She reported that the violation of weeds, grass, and undergrowth has been corrected as of October 19, 2014; however the violation of building materials stored on the property remains. She noted that the civil penalty of $50.00 has been paid. There is a cost of enforcement in the amount of $ /12/14 CEB

7 Mr. Noonan made a motion that the Board finds the violation as cited on the citation is continuing and to direct the Clerk to issue a Notice of Assessment of continuing penalties of $50.00 a day commencing on October 8, 2014 along with the cost of enforcement of $ Ms. Sanderson requested that the Board not issue a Notice of Assessment of continuing penalties. She said the property is vacant and asked that the Board assess only the civil penalty and enforcement costs. Mr. Coment explained that she would then be requesting a final order. Ms. Sanderson said the property is not in compliance. Mr. Coment said the Board could issue a continuing order finding partial compliance, to correct the remaining violation, and assess the $50.00 civil penalty. He said it would be coming back before the Board for a final order once the property is brought into compliance. Mr. Noonan amended his motion that the Board finds there was a violation of weeds, grass and undergrowth that has been brought into compliance, that the violation of improperly stored pavers without a building permit still exists, and that the Board issues an order to pay the initial civil penalty of $50.00 and the cost of enforcement of $ Ms. Sanderson reported that the civil penalty has been paid. Mr. Coment noted that the affidavit of costs is $ Ms. Sanderson said that is correct. The cost of enforcement is $38.69 and the civil penalty of $50.00 was paid on November 5, The Clerk reported that she did not have a record or a receipt of payment. Ms. Sanderson reported that she has a receipt that shows they paid it to the cashiers in the Utilities Department. Mr. Coment suggested that they postpone this case to their December meeting. After a brief discussion, the Board agreed to table this case to their December meeting. The motion died for lack of a second. d. CASE #14-CE-5135 / 0428T VIOLATOR: Jose, Gabriel, and Margarita Barajas VIOLATION: Exterior storage of many items within the confines of the carport, including a sofa, pool table, boxes, equipment, etc. 4 11/12/14 CEB

8 VIOLATION ADDRESS: th Avenue, Vero Beach, Florida Mr. Ramsey reported that service of the citation was provided by certified mail. He reported that the violation has not been corrected as of November 12, 2014 and the civil penalty has not been paid. There is a cost of enforcement in the amount of $ Mr. Howle made a motion that the Board finds the violation as cited on the citation is continuing and to direct the Clerk to issue a Notice of Assessment of continuing penalties imposing the initial civil penalty of $50.00 and continuing civil penalties of $50.00 a day commencing on October 31, 2014 along with the cost of enforcement of $ Ms. Shell seconded the motion and it passed unanimously. e. CASE #14-CE-5148 / 376M VIOLATOR: Estate of Richard W. Adams / James A. Schorner, PA and J.P. Morgan Chase Bank VIOLATION: Weeds, grass or undergrowth at a height of more than 12 inches VIOLATION ADDRESS: st Street, Vero Beach, Florida *Please note this case was heard as item 4-C) 2 b, under Request for Board Order. Ms. Sanderson reported that service of the citation was provided by certified mail. She reported that the violation has not been corrected as of November 12, 2014 and the civil penalty has not been paid. There is a cost of enforcement in the amount of $ Mr. Noonan made a motion that the Board finds there was a violation, that the violation has been corrected as of November 12, 2014, that the Board issues an order to pay the civil penalty of $50.00 and the cost of enforcement of $ Mr. Howle seconded the motion and it passed unanimously. 2. Request for Board Order a. CASE #14-CE-4902 / 337M VIOLATOR: Esperanza and Robert Ray VIOLATION: Replacement of windows and doors without a permit VIOLATION ADDRESS: th Street, Vero Beach, Florida (Property owner is requesting a reduction in costs. This property is in compliance). Ms. Sanderson reported that this case originally came before the Board as a request for a Notice of Assessment for the violation of replacement of windows without a permit. She reported that the violation has been corrected as of October 8, She said that Ms. Ray 5 11/12/14 CEB

9 and her son are present for today s meeting to request a reduction in the amount of civil penalties. She noted that the property is up for sale and is not owner occupied. She said that Ms. Ray was not aware that a building permit was needed and as soon as the case was initiated they have worked diligently to come into compliance. She said that Ms. Ray has done everything they could to work with her and to correct the violation. Ms. Shell asked what is the amount of penalties. Mr. Coment said the penalties totaled $3, and there is a cost of enforcement of $ The Clerk reported that the initial civil penalty of $50.00 has been paid. Mr. Coment said the civil penalties total $3, He explained that the Board cannot reduce the cost of enforcement, but the Code Officer could waive it. Mr. Louis Ray said that he is the property owner s son and he has been sworn in. He reported that his mother had to replace the windows after the 2004 hurricanes and she was unaware that she needed a permit. He said his mother is trying to sell the house and was cleaning up the property. She took the old windows from the back yard and placed them in the front yard. He said the contractor did not show up and did not tell her the work was not getting done. When they found out the work was not done they found another contractor. They are requesting a reduction in the civil penalties. Ms. Sanderson agreed with their request. She said that they have done everything they could to work with her. She said this case originated as a complaint because of debris at the curbside and the windows on the house still having the stickers on them. Mr. Howle asked are there any limitations to the Board s ability to reduce the civil penalties. Mr. Coment said the order has not been recorded so the Board can reduce the fine. Mr. Noonan made a motion that the Board amend their prior order and issue an order to pay the initial $50.00 civil penalty, which has already been paid, and the cost of enforcement of $ Ms. Shell seconded the motion and it passed unanimously. This case was pulled from today s agenda. b. CASE #14-CE-5116 / 0415T VIOLATOR: Said Moobark VIOLATION: Vehicle parked at rear/side of home VIOLATION ADDRESS: th Avenue, Vero Beach, Florida UNLICENSED CONTRACTORS/CITATIONS None 6 11/12/14 CEB

10 6. OLD BUSINESS None 7. ADMINISTRATIVE MATTERS A) CASE #14-CE-4691 / 0262T VIOLATOR: Seterus, Inc. VIOLATION: Commercial vehicle abandoned in residentially zoned neighborhood district VIOLATION ADDRESS: th Court, Vero Beach, Florida Mr. Coment reported that this case is convoluted as far as the owner of the property. He explained that Seterus, Inc. was the mortgage servicing company and not the property owner. This case was brought before the City Council and they approved to release the lien on a previous Board Order. He requested that the Board withdraw the Final Order that they issued at their last meeting. Mr. Howle made a motion that the Board withdraws the Final Order for Case #14-CE Seterus, Inc. Mr. Noonan seconded the motion and it passed unanimously. 8. CLERK S MATTERS None 9. ATTORNEY S MATTERS None 10. CHAIRMAN S MATTERS None 11. MEMBER S MATTERS None 12. ADJOURNMENT Today s meeting adjourned at 2:29 p.m. /sp 7 11/12/14 CEB

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