CODE ENFORCEMENT BOARD - Indian River County, …€¦ · · 2008-06-26CEB- Approved 1 April 28,...

$: CODE ENFORCEMENT BOARD - Indian River County, …€¦ · · 2008-06-26CEB- Approved 1 April 28, 2008 F:\BCC\All Committees\CEB\2008\CEB-04-28-08.doc CODE ENFORCEMENT BOARD A meeting$
CEB- Approved 1 April 28, 2008 F:\BCC\All Committees\CEB\2008\CEB-04-28-08.doc

CODE ENFORCEMENT BOARD

A meeting of the Indian River County (IRC) Code Enforcement Board (the Board) was held in the Commission Chambers at the County Administration Building, 1801 27th Street, Building “A”, Vero Beach, Florida on Monday, April 28, 2008 at 1:30 p.m.

Present were Chairman Joe Petrulak, Subcontractor Appointee; John

Owens, Engineer Appointee; Cliff Suthard, Member-at-Large Appointee; Karl Zimmermann, Realtor Appointee; Keith Hedin, Businessman Appointee; Joe Garone, General Contractor Appointee and Dana Stetser, Architect Appointee.

Also in attendance was IRC staff: Roland DeBlois, Environmental and Code

Enforcement Chief; Don Wixon, Code Enforcement Coordinator; Betty Davis, Debbie Clifford, Vanessa Carter Solomon and Rose Jefferson, Code Enforcement Officers. Others present: Attorney Suzanne Vitunac, Attorney for the Board and Reta Smith, Recording Secretary. 12:34:08 Call to Order

Chairman Petrulak called the meeting to order and the secretary called the roll, establishing that a quorum was present.

12:34:37 Approval of Minutes of March 24, 2008

ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to approve the minutes of March 24, 2008 as presented.

12:34:45 Attorney’s Overview of Board Purpose and Procedures

Attorney Vitunac gave a brief overview of the procedures and purpose of the

Code Enforcement Board. 12:38:55 Agenda Additions or Deletions, Consent Items

Mr. Don Wixon, IRC Code Enforcement Coordinator, reported the following

cases had either complied, been rescheduled, or were recommended by staff for an extension of time on the Consent Agenda: Cases #2007070072, #2007060127,


#2007080055, #2007110061, #2007030014, #2007110041 and #2007100141 - 30 day extension until May 16, 2008. Cases #2007030030, #2007090125, #2007100110, #2007120040, #2007060007, #2007060047 and #2007120064 - 60 day extension until June 20, 2008. Cases #2008020131, #2008020057, #2008010083, #2008030093, #2008030096, #2008030135, #2008030009 and #2008020008 were rescheduled.

In compliance were Cases: #2008010061, #2008020040, #2008030084,

#2008030085, #2008030090, #2008030091, #2008030092, #2008030098, #2008030111, #2008030138, #2008030114, #2008020144, #2008020152, #2007030017, #2008010059, #2008020032, #2007050057, #2007120116, #2007100178, #2007080104, #2007060027, #2007100217, #2007120080 and #2007100164.

Mr. Wixon recommended the Board hear Case #2007070013, Patricia Audi

Presnell, at the beginning of the meeting to allow for IRC staff to attend. 12:47:52

ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to accept the Consent Agenda with the revisions and recommendation.

Chairman Petrulak advised if anyone present had heard their name or case

number called for a Consent item and wanted their case to be heard, they should get with their Code Enforcement Officer and the Board would accommodate their request. 12:48:24 Swearing in of Those Who Will Testify The secretary proceeded to administer the testimonial oath to everyone who would be testifying at today’s hearings.

ADMINISTRATIVE HEARING 12:48:32 Case #2007070013 – Patricia Audie Presnell Mr. Roland DeBlois, IRC Environmental and Code Enforcement Chief, acknowledged the Respondent was not present today; however staff wanted to proceed with the case. He recapped this involved an Order Finding Violation dating back to September, 2007 for overgrown weeds, and on October 20, 2007 the Board


had entered an Order Imposing Fine. Mr. DeBlois added when this case originally came to the Board, both regular and certified mail had been returned and the property had finally been posted.

Mr. DeBlois advised neighbors had recently expressed concern about an outbreak of a fly infestation they felt was associated with the subject property, and staff had finally located the Respondent at an address at Lakewood Park in St. Lucie County. He continued the Respondent had given permission for County staff and other agencies to organize a community cleanup of her property, which occurred this past weekend.

Mr. Himanshu Mehta, Managing Director, IRC Solid Waste Disposal District,

testified the site had been cleaned up through Keep Indian River Beautiful and its Great American Clean Up campaign. He mentioned the Respondent had a broken ankle along with had other health issues and had stated she had not received any prior notices with regard to her property. Mr. Mehta showed before and after pictures of the site and explained what had been done by volunteers in order to help bring the case into compliance.

Discussion followed. Mr. DeBlois calculated using the cleanup date of April 26, 2008 the accrued

fine would be $18,900; however staff felt there were some mitigating circumstances. He clarified the interior of the home was not part of the initial Order and the Respondent had promised to retain a lawn service in the future to take care of the mowing. He recommended the Board consider Code Enforcement administrative costs in the amount of $1,500, with $2,000 for approximate consideration of the cost of the cleanup, for a total fine of $3,500.

Mr. Mehta stated since it was a community effort the concerned parties would

like to waive any fees related to the volunteer cleanup in an effort to assist the Respondent.

1:07:04 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Zimmermann, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was not present for this hearing.


1:08:58 Case #2008010048 – Robert & Ellen Hinglebine Mr. Wixon related this Evidentiary hearing had to do with illegal parking in right-of-way, boat/trailer storage, junk vehicles, Recreation Vehicle (RV) illegal use and junk, trash and debris. Inspector Betty Davis, IRC Code Enforcement Officer, submitted photographs into evidence, which are on file in the Commission Office. She noted the junk vehicles, parking in the right-of-way and boat storage violations had been resolved and all that remained was construction debris and the RV. Mr. DeBlois clarified staff was contending the RV was more of a mobile home which was not allowed in the neighborhood.

The Respondent’s brother stated he was converting the trailer into a regular RV.

Mr. DeBlois explained the trailer would have to be registered and recognized

by the State as an RV and he did not know if there was an opportunity for conversion. Mr. Zimmermann asked what the length of the mobile home was, and the Respondent replied it was 35 feet. Inspector Davis advised the maximum allowable length of an RV in a residential district was 32 feet.

Mr. Wixon recommended an extension of 60 days, until June 20, 2008, to

remove the trailer and finish cleaning up the junk, trash and debris.

1:15:57 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Zimmermann, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was present for this hearing.

1:16:59 Case #2007120030 - Eugene & Christina Perna

Attorney Vitunac stated she would refrain from participating in this case because her attorney son had represented the Respondent for a period of time.

Mr. Wixon outlined this Evidentiary hearing involved illegal use of an RV,

advising the other violations for junk, trash and debris and junk vehicles were in compliance. Inspector Vanessa Carter Solomon, IRC Code Enforcement Officer, submitted a photograph into evidence, which is on file in the Commission Office. She testified the Respondent’s home had been damaged by the 2004 hurricanes


and during that time the County had allowed people to live in RVs on their property while their houses were rebuilt; however nothing had been done to rebuild the home on the Respondent’s property and no renovation permits had been pulled. Mr. Wixon recommended the Board grant 60 days, until June 20, 2008, for the Respondent to cease the use of the RV as living quarters. The Respondent described problems he had with drainage on his property due to a neighbor’s lot and a subsequent lawsuit. He explained the matter had been settled in court and he had permission to provide drainage and he could then start to rebuild his house, and asked the Board to allow him more time. Discussion followed. Mr. DeBlois related if progress was made towards resolving the drainage issue and obtaining permits for renovation during the 60 days, staff could look at a potential extension of time.

1:37:21 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was present for this hearing. 1:40:20 Case #2008030080 – Olivia D. Bradshaw Inspector Betty Davis, IRC Code Enforcement Officer, submitted photographs into evidence, which are on file in the Commission Office and described a dilapidated home on the subject property. She noted the IRC Building Division had recommended removal of the house and the Respondent was in the process of trying to retain someone to do that.

The Respondent stated she was trying to get money to demolish the structure and requested time to do so.

Mr. Wixon recommended an extension of 60 days, until June 20, 2008 to

demolish the structure and remove the debris from the site.

1:43:46


ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Stetser, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was present for this hearing. 1:44:47 Case #20008030091 – Ray Cartwright This case was deemed complied on the Consent agenda, but the Respondent wanted to express his appreciation to staff and compliment Inspector Davis for working with him to resolve the violations. Chairman Petrulak called a recess at 2:45 p.m. and the meeting reconvened at 2:52 p.m. 1:48:26 Case #2008030107 – Reina Pellicer Inspector Davis submitted a photograph into evidence, which is on file in the Commission Office. She stated she had received a complaint from the property owners’ association about a home that had been burned, adding the home was secure and the furniture and debris had been removed. The Respondent testified she had heard nothing from her insurance company since the fire on January 21, 2008. Mr. Wixon recommended an extension of 60 days, until June 20, 2008, and staff could analyze the situation after at that time.

1:51:47 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Suthard, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was present for this hearing. 1:52:49 Case #2008030172 – Boarding LLC & Dog Kidz Country Daycare Mr. DeBlois related this was being brought for a hearing as a repeat violation for site plan nonconformance. He recapped an Evidentiary hearing had been held in March, 2007 regarding an approved kennel and a fence that had been put up on the perimeter of the property, and staff had advised the Respondent any dog-related


activities had to be contained to at least 75 feet from the property line. Mr. DeBlois reported it had recently been discovered there were activities and fencing closer than 75 feet from the property lines, which led to today’s hearing.

Inspector Davis submitted photographs into evidence, which are on file in the Commission Office, and stated she had received a complaint from a neighbor about noise on the subject property. She described the measurements of some fencing as being less than 75 feet from the property lines and the neighbor’s property.

The Respondent acknowledged the interior wooden fence she had installed

was a couple of feet shy and she had asked for a variance for the extra few feet. She said she was confused because she had measured from the end of the street to the wooden fence and understood it to be 75 feet.

Discussion ensued about where various fences had been erected. Mr. DeBlois recommended the Board waive any assessment of fine even

thought it was a repeat violation, and grant an extension of 30 days, until May 16, 2008, for the Respondent to meet with Code Enforcement staff and resolve the location of the fencing to meet the required setback.


It is noted for the record the Respondent was present for this hearing. 2:08:55 Case #2008020013 – Dean Engelhard (Mike Pelletier) Mr. DeBlois advised the main Respondent in this Evidentiary hearing was Mr. Pelletier for an excavation/mining violation on agriculturally zoned property, and submitted into evidence the County’s mining ordinance, a copy of which is on file in the Commission Office. He related it was not uncommon on five acre tracts in the Fellsmere area for residents to obtain permits to have ponds excavated and utilize the fill for their house pads or other uses on their property. Mr. DeBlois clarified a pond permit specified no hauling of excavated materials off site; however under the premise of maintenance dredging the Respondent had been taking the material off the premises. He asked the Board to find current compliance and issue a Continuing Order to make sure there was no recurrence on other properties.


The Respondent’s attorney said the law was vague and there was no violation. He asked if a homeowner wanted his pond cleaned up but did not want the dirt piled up in his backyard, was it wrong from the Respondent to haul the material off and dispose of it. Lengthy discussion followed. Mr. DeBlois mentioned the entire mining and excavation ordinance was being reviewed and suggested the Respondent contact Mr. Stan Boling, IRC Planning Director, to see if the issue could be looked at.

2:32:29 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to find current compliance and issue a Continuing Order for any future recurrence.

It is noted for the record the Respondent was present for this hearing. 2:33:01 Case #2008030055 – J. Vance & Vanessa Brinkerhoff Inspector Rose Jefferson, IRC Code Enforcement Officer, submitted photographs into evidence, which are on file in the Commission Office, and summarized she had received several complaints about a canopy tree that was cut down and debris left on the property. Mr. Wixon recommended an extension of 30 days, until May 16, 2008, for compliance.

2:36:47 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was present for this hearing. 2:37:03 Case #2008040103 – Robert Lee & Debrah Ann Arnold Mr. Wixon recapped this Evidentiary hearing was for junk, trash and debris, RV and boat/trailer storage, junk vehicle and zoning district use violations. Inspector


Debbie Clifford, IRC Code Enforcement Office, submitted photographs into evidence, which are on file in the Commission Office, and described what she had observed on the property. Mr. DeBlois recommended the Board find a violation and grant an extension of 30 days, until May 16, 2008, for compliance.


It is noted for the record the Respondent’s tenant, Mr. Guy Steen, was present for this hearing. 2:43:14 Case #2007110074 – Angel Rivas Mr. Wixon noted this was a Compliance hearing for a case that had been to the Board on February 25, 2008 for no building permit, and the Board had granted a two-tier extension until March 21, 2008 to obtain an after-the-fact permit for a porch structure and until April 25, 2008 to complete the structure in accordance with the approved building permits or remove the porch. Inspector Carter Solomon stated the Respondent had originally had a problem in securing an engineer but had since contracted with MVB Engineering and would submit his building permit by the end of this week. Mr. DeBlois recommended an extension of 60 days, until June 20, 2008, to allow the Respondent to obtain permits and come into compliance.


It is noted for the record the Respondent was present for this hearing. 2:48:01 Case #2006100066 – Billy & Laurel Hitchcox Mr. Wixon recalled this case had first come to the Board on May 21, 2007


when the Respondent was given 90 days to remove the two illegal mobile homes from the property and split the property into two one-half acre lots to allow for the two remaining mobile homes or apply for and obtain preliminary plat approval for additional platted lots, with subsequent extensions being granted since that time. Mr. DeBlois related subsequently the case had gone to the Board of County Commissioners (BCC) when the Respondent asked for a variance from the County’s subdivision regulations. He stated the variance was denied by the BCC, and ultimately the Respondent needed to comply with the Board’s original Order. Inspector Clifford confirmed she was on the site this morning and everything was the same. The Respondent testified he had two attorneys working on his case with Assistant County Attorney Bill DeBraal regarding estoppel. Discussion ensued.

3:07:52 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Suthard, the Board voted unanimously (7-0) to find the Respondent in violation and set the fine at $100 per day.

It is noted for the record the Respondent was present for this hearing. 3:04:24 Case #2006010079 – GL Homes Building Corporation (Repeat

Violator: Waste Pro USA, Inc) Mr. Wixon recapped on February 27, 2006 the Board granted a Continuing Order of $250 per day to Respondent Waste Pro USA, Inc. (Waste Pro) to cease the use of, or the leasing or renting of, commercial containers (dumpsters 15 cubic yards or more) at construction sites in the unincorporated County.

Inspector Kelly Zedek, IRC Code Enforcement Office, testified the Respondent had placed illegal containers at various locations around the County, although once citations were issued they were very prompt in removing the dumpsters. She reported on April 8, 2008 she had responded to a complaint about an illegal oversized dumpster at a residence and had issued a Notice on April 14, 2008, with service on April 21, 2008. Inspector Zedek said she spoke with a representative of Waste Pro who told her as soon as they received the Notice they had removed the dumpster. She mentioned she had visited the site on April 15, 2008 and the


dumpster was not there. Mr. Hedin had a problem with the Respondent knowing he was not supposed

to use the dumpsters and was trying to get away with it. Chairman Petrulak asked if the previous citations included a fine and Inspector Zedek confirmed they did.

The Respondent’s representative, Mr. Michael Allen, testified the company

specifically asked a customer if the dumpster would be placed in the City of Vero Beach or in the unincorporated area, and sometimes it was not clear where they would be located. He mentioned in the future he would check with Inspector Zedek to verify a site was located in the unincorporated County.

Mr. Hedin did not think the answer was for the Respondent to be calling

County staff and tying them up while they told him whether or not a dumpster could be placed on a certain spot. Mr. Garone wondered why the Respondent didn’t just put two 13 yard dumpsters on sites rather than a 15 cubic yard one.

The Respondent advised the dumpster in question had been picked up on

April 8, 2008. Mr. Zimmermann inquired if it was the Respondent’s usual practice to call Code Enforcement to advise a dumpster had been removed when the company got a call about a container being the wrong size. The Respondent confirmed it was.

3:19:07 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Zimmermann, the Board voted (6-1) to find a repeat violation and impose a fine of $250 per day for three days, for a total of $750. Mr. Hedin was in opposition.

Discussion followed.

3:27:18 ON MOTION BY Mr. Hedin to increase the fine to $500 per day for any future repeat violations by the Respondent violator.

The motion died for lack of a second. It is noted for the record the Respondent’s representative was present for this


hearing.

LIEN RELEASE REQUESTS 3:27:56 Case #2007090097 – High Ridge Mobile Park Inc. Mr. DeBlois recapped this related to a Board Order dating back to November, 2007 against High Ridge Mobile Park Inc. and the unit owner, Mr. Miguel Sandoval, for a porch built without a permit; and after an extension was granted the Board had ultimately imposed the fine starting on February 23, 2008. Inspector Zedek confirmed the porch had been removed on February 29, 2008, for a total of six days of fine. Mr. DeBlois noted the Board’s Order was against both the park owner and the unit owner, and the question was if the Board wanted to impose the fine on both parties or just against the unit owner. .

The Respondent park owner, Mr. Daniel Hardee, stated the park was now in

100% compliance. He mentioned Mr. Sandoval had not appeared at the previous hearings and Mr. Hardee had personally demolished the porch.

Mr. DeBlois recommended the $600 be imposed solely against the unit owner,

Mr. Miguel Sandoval.


It is noted for the record the Respondent park owner was present for this hearing. 3:30:32 Case #2006060077 – Kimberly & Carla Rumsby Attorney Vitunac disclosed she had a conflict and would be refraining from advising the Board on this case. Mr. DeBlois summarized this case dated back to an Evidentiary hearing held in July, 2006 for overgrown weeds, junk, trash and debris and RV illegal use, whereby after some extensions it came back for a Compliance hearing in November,


2006 and the Board had imposed the fine for noncompliance. He confirmed an inspection of the property on April 24, 2008 showed the property was in complete compliance, which amounted to 516 days for a fine amount of $51,600. Attorney Doug Vitunac, Collins, Brown & Caldwell, representing Respondent Kimberly Rumsby’s father, stated the Respondent suffered from mental illness and nobody knew about the violations or the fine. He mentioned the Respondent had since been Baker acted and asked for the fine to be reduced so the father could take over the property. Mr. DeBlois recommended the fine be reduced to $1,500 for administrative costs.

3:37:20 ON MOTION BY Mr. Owens, SECONDED BY Mr. Zimmermann, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent’s representative was present for this hearing. 3:38:59 Case #2004030012 – John Howard & Sasha Medina Mr. DeBlois recapped this had to do with an Order the Board entered in April, 2004 for junk, trash and debris and an unpermitted addition to a house, which ultimately came for a Compliance hearing in March, 2005, at which time the fine was imposed. He related staff had discovered an after-the-fact building addition permit had been obtained and the addition had received a Certificate of Occupancy (CO) on November 6, 2006. Mr. DeBlois continued County records showed a permit was applied for approximately one month after the fine was imposed; however it was a while before the permit was actually issued. He related if you used the CO date, it would be 590 days, for a flat fine of $59,000. After some discussion, Mr. DeBlois recommended the fine be reduced to $1,500 for administrative costs.

3:45:52 ON MOTION BY Mr. Hedin to approve staff’s recommendation.

The motion died for lack of a second.


The Respondent testified he had bought the house through a realtor in February, 2004, and thought everything had been resolved by the real estate company. Inspector Clifford confirmed the realtor had applied for the after-the-fact permit, and the Respondent stated the realtor also got the engineering plans and paid for the work to complete the addition. Discussion ensued.

3:55:37 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Suthard, the Board voted unanimously (7-0) to rescind the fine.

It is noted for the record the Respondent was present for this hearing.

Chairman Petrulak called a recess at 5:00 p.m. and the meeting reconvened at 5:10 p.m. 3:56:26 Case #2007120088 – Kenny Holmes Inspector Zedek reported there was no service on this case. 3:56:40 Case #2008010013 – Ana Chavalo Inspector Jefferson submitted an Affidavit of Service dated April 14, 2008 and photographs into evidence, which are on file in the Commission Office. She stated the Respondent had been present earlier and was requesting an extension to remove the overgrown weeds and junk, trash and debris. Mr. DeBlois recommended a 30 day extension, until May 16, 2008, for compliance.

3:57:30 ON MOTION BY Mr. Stetser, SECONDED BY Mr. Zimmermann, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was not present for this hearing. 3:57:36 Case #2008020097 – Tamra Carlsward & Richard Dole Inspector Vanessa Carter Solomon, IRC Code Enforcement Officer,


confirmed the junk, trash and debris violation was in compliance and the remaining issue was an unsafe building. She stated the Respondents had torn down a portion of the building but the demolition permit had expired, and the Respondents requested an extension to obtain another permit and complete the demolition work. Mr. DeBlois recommended a 60 day extension, until June 20, 2008, for compliance.

3:58:18 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Stetser, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was not present for this hearing. 3:58:25 Case #2007100207 – Charles & Beverly Savoree Inspector Zedek advised she had not received service. 3:58:40 Case #2008020035 – David & Elnor Feriend Inspector Jefferson submitted an Affidavit of Service dated April 9, 2008 and a photograph into evidence, which are on file in the Commission Office. She reported the property was still in violation for overgrown weeds and junk, trash and debris. Mr. Wixon recommended an extension of 30 days, until May 16, 2008.


It is noted for the record the Respondent was not present for this hearing. 3:59:09 Case #2008020052 – Natalie Geisler Inspector Jefferson submitted an Affidavit of Service dated April 16, 2008 and photographs into evidence, which are on file in the Commission Office. She described junk, trash and debris and commercial vehicles at the residence; however the Respondent had been sick and wanted some time to resolve the violations. Mr. DeBlois recommended a 60 day extension, until June 20, 2008.


3:59:46 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Zimmermann, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was not present for this hearing. 3:59:51 Case #2008020053 – Brian Rawinski & Cynthia Giannattasio Inspector Jefferson submitted an Affidavit of Service dated April 16, 2008 and a photograph into evidence, which are on file in the Commission Office. She reported the property appeared to be vacant and the weeds were overgrown. Mr. Wixon recommended a 30 day extension, until May 16, 2008, for compliance.


It is noted for the record the Respondent was not present for this hearing. 4:00:25 Case #2008020058 – George Anderson Inspector Jefferson submitted a photograph into evidence, which is on file in the Commission Office, and reported the commercial vehicle and illegal RV violations had been resolved, but there was still some junk, trash and debris in the rear yard. Mr. Wixon recommended a 30 day extension, until May 16, 2008, for compliance.


It is noted for the record the Respondent was not present for this hearing. 4:01:17 Case #2008030083 – Marie Wengert & Wanda Dennison Inspector Davis confirmed the property was in compliance for junk, trash and


debris, encroachment/obstruction and illegal vehicle parking in the right-of-way, but she wanted a Continuing Order in the event it recurred. Mr. Wixon recommended the Board find compliance and issue a Continuing Order.

4:01:44 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Stetser, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was not present for this hearing. 4:01:52 Case #2008030087 – Gary T. Adderly Inspector Davis submitted photographs into evidence, which are on file in the Commission Office. She related the only remaining issues were housing code and exterior structure maintenance violations, adding the building would be removed. Mr. DeBlois recommended a 60 day extension, until June 20, 2008.


It is noted for the record the Respondent was not present for this hearing. 4:03:49 Case #2008030099 – Dwight & Laurel Traficante Inspector Davis reported she had received service with Bank of America on April 16, 2008 and had posted the property on April 11, 2008. She submitted a photograph into evidence, which is on file in the Commission Office, and observed the property was overgrown and there was junk, trash and debris on the site. Mr. Wixon recommended a 30 day extension, until May 16, 2008, for compliance.


It is noted for the record the Respondent was not present for this hearing. .


4:04:21 Case #2008030100 – Harold Kettles, Jr. Inspector Clifford reported she had no service on this case. 4:04:36 Case #2008020151 – SDG Kings Inc. Inspector Carter Solomon related the health and safety and encroachment/obstruction in right-of-way violations were in compliance and the remaining issues were landscape maintenance and overgrown weeds violations. Mr. Wixon recommended a 60 day extension, until June 20, 2008, for compliance.


It is noted for the record the Respondent was not present for this hearing. 4:05:56 Case #2008020023 – Dollarwise Investments Inc. Inspector Zedek advised this involved the Miami Subs restaurant at the Sunoco gas station on 20th Street, and they had put up a sign without a permit. Mr. Wixon recommended a 30 day extension, until May 16, 2008, for compliance.


It is noted for the record the Respondent was not present for this hearing. 4:06:44 Case #2007090010 – Marcia Nettles Inspector Carter Solomon reported the Respondent was not in compliance on the overgrown weeds and junk, trash and debris violations, and the situation had actually regressed. Mr. Wixon recommended the fine be imposed.



It is noted for the record the Respondent was not present for this hearing. 4:07:21 Case #2007100065 – Mohamed Hossain Inspector Clifford said she had not had contact with the Respondent and the grass had not been mowed. Mr. Wixon recommended the fine be imposed.


It is noted for the record the Respondent was not present for this hearing. 4:08:07 Case #2007110138 – John Jenkins & Jeanetta Parrott Inspector Carter Solomon submitted a photograph into evidence, which is on file in the Commission Office, and confirmed the property was not in compliance and was in foreclosure. Mr. DeBlois noted the junk, trash and debris was household garbage and staff felt it qualified as a serious threat to health and safety. He recommended the fine be imposed and the Board declare the property as a public nuisance warranting County abatement.


It is noted for the record the Respondent was not present for this hearing. .

4:09:42 Case #2007100136 – Countrywide Home Loans Inspector Zedek related she was at the property today and the unpermitted fence was still on the site. Mr. Wixon recommended the fine be imposed.



It is noted for the record the Respondent was not present for this hearing. 4:10:08 Case #2007120073 – Robert S. Lloyd Inspector Carter Solomon reported there had been no attempt at compliance on the overgrown weeds, junk, trash and debris and junk vehicle violations. Mr. DeBlois recommended the fine be imposed.


It is noted for the record the Respondent was not present for this hearing. 4:10:46 Case #2007120104 – Mindy Sue Fulton Inspector Carter Solomon stated the junk, trash and debris had complied previously, but the junk vehicle was still on the property as of this morning. Mr. DeBlois recommended the Board impose the fine.


It is noted for the record the Respondent was not present for this hearing. 4:11:22 Case #2007120036 – Felix Sanchez Inspector Jefferson submitted a photograph into evidence, which is on file in the Commission Office. She confirmed the property was not in compliance for junk, trash and debris and recommended the fine be imposed.

4:11:35 ON MOTION BY Mr. Mr. Zimmermann, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to approve staff's recommendation.


It is noted for the record the Respondent was not present for this hearing. 4:11:41 Case #2007100188 – Elroy & Kristan Thiel Inspector Jefferson submitted a photograph into evidence, which is on file in the Commission Office. She related the property was not in compliance for overgrown weeds and recommended the fine be imposed.

4:11:52 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Owens, the Board voted unanimously (7-0) to approve staff's recommendation.

It is noted for the record the Respondent was not present for this hearing. 4:12:03 Case #2007110044 – Christina Shwed (Wells Fargo Bank as

Trustee) Inspector Davis said she had posted the property on April 11, 2008 for an overgrown weeds violation. Mr. DeBlois recommended an extension of 30 days, until May 16, 2008.


` It is noted for the record the Respondent was not present for this hearing. . 4:13:08 Case #2007100160 – Franklin & Connie Reed Inspector Jefferson submitted a photograph into evidence, which is on file in the Commission Office. She reported the overgrown weeds were even higher than before and recommended the fine be imposed.



It is noted for the record the Respondent was not present for this hearing.

ADMINISTRATIVE HEARING 4:13:36 Case #2008040014 – Treasure Coast Interiors Inc. Mr. DeBlois stated the Respondent had paid the fine and since they did not choose to appeal, the case would be withdrawn as upheld. 4:13:52 Authorization for Notices to Appear

ON MOTION BY Mr. Hedin, SECONDED BY Mr. Suthard, the Board voted unanimously (7-0) to approve Authorization for Notices to Appear for May, 2008.

There being no further business, the meeting was adjourned at 5:30 p.m.

CODE ENFORCEMENT BOARD - Indian River County, …€¦ · · 2008-06-26CEB- Approved 1 April 28,...

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