Code Compliance Board Action Minutes, October 8, 2014 City of Marathon Fire Station 8900 Overseas Highway, Marathon, Florida 33050

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1 Code Compliance Board Action Minutes, October 8, 2014 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 October 8, 2014 at the City of Marathon Fire Station, 8900 Overseas Hwy., Marathon, Florida. Chairman John Repetto called the meeting to order at 5:30pm. B. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was recited. C. ROLL CALL- A quorum was present: Board Member, Ryan Frederick Board Member, Vito Giglio Board Member, John Keller Board Member, William (Bill) Kelly Board Member, Robert G Petrick Jr. Vice-Chairman, Steven Britske Chairman, John Repetto Also in attendance were: Code Board Attorney, Tom Wright Bldg/Code Administrator, Stacy Charlton Code Inspector, Patti Childress Code Board Secretary, Maria Thorley Member of the Public: Attorney John Wolfe, Ruben De La Cruz, John Chiniski, Property Preservation on behalf of Bank of America D. ADDITIONS/DELETIONS/CORRECTIONS/ANNOUNCEMENTS Ms. Charlton stated the following: CASES TO BE HEARD FIRST ON THE AGENDA: Item I Case No. 1 C Case No. 2...C Case No. 7 C Case No. 8 C E. ACCEPTANCE OF AGENDA MOTION: Keller moved to approve the agenda as amended. SECOND: Britske With no objections from the Board, Chairman Repetto declared the agenda approved with changes. F. APPROVAL OF MINUTES MOTION: Keller moved to approve the minutes of September 10, SECOND: Kelly 1

2 With no objections from the Board, Chairman Repetto declared the minutes of September 10, 2014, approved by unanimous consent. G. SWEARING IN OF WITNESSES TO TESTIFY: Chairman Repetto called for Witnesses to be sworn in and administered the Oath to the following Building/Code Administrator, Stacy Charlton Code Inspector, Patti Childress John Chiniski Ruben De La Cruz, Jr. H. READING OF THE NOTICES Ex-Parte Communication - None I. CASES FOR HEARING - BUILDING/CODE ADMINISTRATOR, MS. STACY CHARLTON 1. Al Simmons Properties LLC Case Number: C Town Hill Road Terryville, CT Location of Violation: 8501 Overseas Highway, Marathon, FL (RE# ) Building/Code Administrator, Ms. Stacy Charlton presented a case summary describing the violation. The Respondent is in violation of Section (A), Standards and Table Uses by Zoning District of the Marathon Code, by having the storage of boats and trailers in a Mixed Use (MU) zoning district without an approved conditional use. Exhibit A - Property Records, Postings and Affidavits of Posting Exhibit D - Photos Exhibit E - Affidavit from Planning Director Exhibit F - Correspondence with Owner The Respondent was not present, but was represented by Counsel, was properly served by certified mail, and afforded the opportunity to appear Attorney John Wolfe, representing Al Simmons owner of the property, stated his client has authorized him to terminate the lease agreement between him and John Strama, tenant. Mr. Strama was made aware of the violation, as he met with City staff on numerous occasions and that an approved conditional use would be required to store the vessels and operate his business, which he elected to ignore. Attorney Wolfe asked the Board for 15days to pressure the tenant to vacate and bring the property into compliance. MOTION: Britske made a motion to find the Respondent in violation Section (A)/ Table and ordered the Respondent to remove all boats, trailers and any other items on the property or attached to the dock, within fifteen (15) days from the date of the hearing, October 8, To pay a Fine in the amount of Two hundred Dollars ($200.00) per day which shall accrue for each day the violation continues to exist past the date set for compliance, October 23, 2014, 8. Ruben D and Argentina De La Cruz Case Number: C PO Box Key Colony Beach, FL Location of Violation: 2821 Dolphin Drive, Marathon (RE# ) 2

3 Building/Code Administrator, Ms. Stacy Charlton presented a case summary describing the violation and brought to the Board s attention the fact that several continuance requests has been requested by the Respondent. The Respondent is in violation by failing to comply with Section (c) of the Marathon Code, for sewer lateral installation and connecting to the Central Wastewater System. Exhibit A - Property Records, and Utility Letter Exhibit D - Request for Continuance The Respondent was present, was properly served by certified mail, and was afforded the opportunity to appear and speak; however, the son, Ruben De La Cruz, Jr., offered testimony on behalf of the Respondent. Mr. De La Cruz, Jr., stated that the property is under foreclosure and due to hardship his father has not been able to connect to the sewer and bring the property into compliance. Ms. Charlton mentioned to the Respondent that they can come back and ask the Board for a fine reduction; however, the property is still in violation and it needs to be brought into compliance per State mandate. MOTION: Keller made a motion to find the Respondents in violation of Section (c) of the Marathon Code for failure to connect to the Central Wastewater System, and ordered the Respondents to comply by applying for and shall be imposed for each day the violation continues to exist past the date set for compliance, November 7, Bank of America NA Case Number: C Corporate Dr Ms Ptx-B-35 Plano, TX Location of Violation: 11 Blue Isle Blvd., Grassy Key, FL (RE# ) Building/Code Administrator, Ms. Stacy Charlton presented a case summary of the violation. The Respondent is in violation by failing to comply with Section (c) of the Marathon Code, for sewer lateral installation and connecting to the Central Wastewater System. Exhibit A - Property Records and Utility Letter and speak; however, John Chiniski, with Property Preservation, offered testimony on behalf of the bank. Mr. Chiniski stated the property is under foreclosure, and asked the Board for ninety (90) days to bring the property into compliance. Ms. Charlton stated that thirty (30) days is sufficient for the bank to pull the permit and start the process to connect. MOTION: Britske made a motion to find the Respondent in violation of Section (c) of the Marathon Code for failure to connect to the Central Wastewater System, and ordered the Respondent to comply by applying for and 3

4 shall be imposed for each day the violation continues to exist past the date set for compliance, November 7, 2014 SECOND: Keller 2. Bank of America NA Case Number: C Corporate Dr Ms Ptx-B-35 Plano, TX Location of Violation: 11 Blue Isle Blvd., Grassy Key, FL (RE# ) Building/Code Administrator, Ms. Stacy Charlton reminded the Board, this case came before them on July , and it was found to be in non-compliance by the Board for violating Section of the Marathon Code, by having on the property a large pile of trash, debris and miscellaneous items. Exhibit A Certificate of Title, Order Imposing Fines, Notice of Assessment Lien Notices and Receipts Exhibit entered and accepted into evidence. and speak; however, John Chiniski, with Property Preservation, offered testimony on behalf of the bank. Mr. Chiniski stated the property is under foreclosure. There was much rebuttal regarding property foreclosures and Certificate of Title pertaining to this case. Mr. Chiniski was not aware of Case Number: C for the re-imposition of the fine/lien against the property. At the advice of Code Board Attorney Tom Wright, Ms. Charlton amended the re-imposition of fines from when the bank took title of the property, February 18, 2014 to the hearing date October 8, 2014, including the assessment lien and the administrative fees; however, since the property came into compliance before the bank took title, Attorney Wright questioned the re-imposition of the fines; therefore, Ms. Charlton rescinded the amended re-imposition of the fines and asked the Board to impose the Assessment Lien and the three administrative fees, plus an additional administrative fee for this hearing, October 8, MOTION: Frederick made a motion to accept the City s recommendation. It is, therefore, ordered the Respondent, shall pay the re-imposed Fines/Fees in the amount Seven Hundred Dollars ($700.00) to clean-up the property; to pay the Administrative Fee of Three Hundred Dollars ($300.00) previously ordered by the Board, and an additional Administrative Fee of Three Hundred Dollars ($300.00) for the hearing of non-compliance, and shall pay an Administrative Fee in the amount of Three Hundred Dollars ($300.00) for the Order Imposing Fine; and shall pay an Administrative Fee in the amount of Three Hundred Dollars ($300.00) for this hearing of re-imposing fines/fees. The amount of fines/fees as of the date of this Order, October 8, 2014 equals, One Thousand Nine Hundred Dollars ($1,900.00). 3. Federal National Mortgage Association Case Number: C PO Box Dallas, TX Location of Violation: 947 E 75th Street, Ocean, Marathon, FL (RE# ) 4

5 Building/Code Administrator, Ms. Stacy Charlton reminded the Board, this case came before them on February 12, 2014, and it was found to be in non-compliance by the Board for failure to comply with Section (c) of the Marathon Code, for sewer lateral installation and connecting to the Central Wastewater System. Exhibit A Certificate of Title, Order Imposing Fines, Notices and Receipts Exhibit entered and accepted into evidence. MOTION: Keller made a motion to re-impose the fines from the date of the Certificate of Title, June 24, 2014 until July 17, 2014 when the property was brought into compliance by connecting to the Central Wastewater System for a period of twenty-two (22) days, equaling Two Thousand Two Hundred Dollars ($2,200.00); and shall pay an Administrative Fee in the amount of Three Hundred Dollars ($300.00) as previously ordered for the first hearing, an additional Administrative Fee in the amount of Three Hundred Dollars ($300.00) for the second hearing of non-compliance; and shall pay an Administrative Fee in the amount of Three Hundred Dollars ($300.00) for the third hearing of re-imposition of fines/fees within thirty (30) days from the date of the Order, October 8,2014. The amount of fines/fees as of the date of this Order, October 8, 2014 equals, Three Thousand One Hundred Dollars ($3,100.00). SECOND: Britske 4. BankUnited N.A. James F and Margaret Essesburg 7815 NW 148th Street AND 944 E 75th Street Miami Lakes, FL Marathon, FL Location of Violation: 944 E 75th Street, Ocean, Marathon, FL (RE# ) Building/Code Administrator, Ms. Stacy Charlton presented a summary of the case that was previously found to be in non-compliance by the Board. The Respondent is in violation by failing to comply with Section (c) of the Marathon Code, for sewer lateral installation and connecting to the Central Wastewater System. Exhibit A Certificate of Sale, Order Imposing Fines, Notices, Receipts Exhibit entered and accepted into evidence. MOTION: Keller made a motion to accept the City s recommendation. It is, therefore, ordered the Respondent(s) shall pay the Fine for fifty-six (56) days of non-compliance, equaling Five Thousand Six Hundred Dollars ($5,600.00) as of the date of this Order, October 8, 2014, which shall continue to accrue ($100.00) per day for each day the violation continues to exist retroactive to the date of the hearing, October 8, 2014; to pay the Administrative Fee of Three Hundred Dollars ($300.00) previously ordered by the Board; and an additional Administrative Fee of Three Hundred Dollars ($300.00) for the hearing of non-compliance. SECOND: Frederick 5. Rodriguez Jayne Shannon Estate Case Number: C C/O Rodriguez Armando P/R th Street Marathon, FL Location of Violation: 71 Dorsett Drive, Grassy Key, FL (RE# ) 5

6 Building/Code Administrator, Ms. Stacy Charlton presented a case summary describing the violation. The Respondent is in violation of by failing to comply with Section (c) of the Marathon Code, for sewer lateral installation and connecting to the Central Wastewater System. Exhibit A - Property Records, and Utility Letter MOTION: Keller made a motion to find the Respondents in violation of Section (c) of the Marathon Code for failure to connect to the Central Wastewater System, and ordered the Respondents to comply by applying for and shall be imposed for each day the violation continues to exist past the date set for compliance, November 7, Eufracia Urena-Landin H/W Case Number: C Carlos Landin 5431 NW 175 Street Miami, FL Location of Violation: 1555 Harbor Drive, Marathon, FL (RE# ) Building/Code Administrator, Ms. Stacy Charlton presented a case summary describing the violation. The Respondent is in violation of by failing to comply with Section (c) of the Marathon Code, for sewer lateral installation and connecting to the Central Wastewater System. Exhibit A - Property Records, and Utility Letter MOTION: Keller made a motion to find the Respondents in violation of Section (c) of the Marathon Code for failure to connect to the Central Wastewater System, and ordered the Respondents to comply by applying for and shall be imposed for each day the violation continues to exist past the date set for compliance, November 7,

7 J. OLD BUSINESS - None K. NEW BUSINESS None L. DISCUSSION ITEMS Ms. Charlton reminded the Board, that our next meeting date will take place on Thursday, November 13, 2014 at 5:30P.M. M. ADJOURNMENT - With no further business to come before the Board, Chairman Repetto adjourned the meeting at 6:30P.M. by unanimous consent. I certify the above represents a summary of the Code Compliance hearing held on October 8, Maria Thorley Code Board Recording Secretary Minutes approved by the Board: 12/10/2014 7