CODE ENFORCEMENT BOARD - Indian River County FL · CODE ENFORCEMENT BOARD A meeting of the Indian...

CEB-Approved 1 March 23, 2015 F:/BCC/All Committees/CODE/2015 Minutes/CODE03.23.15.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, March 23, 2015 at 1:30 p.m.

Present were Chairman Karl Zimmermann, Realtor Appointee; Pete

Clements, General Contractor Appointee; Tony Gervasio, Member-at-Large Appointee; Joe Petrulak, Subcontractor Appointee; and David Myers II, Businessman Appointee.

Let the record show there are vacancies for an Architect Appointee and an

Engineer Appointee.

Also in attendance was Attorney Michelle Napier, substituting for Jennifer Peshke, Attorney for the Board; IRC staff: Roland DeBlois, Environmental and Code Enforcement Chief; Betty Davis, Vanessa Carter Solomon, Rose Jefferson and Kelly Buck, Code Enforcement Officers; and Reta Smith, Recording Secretary. 9:35:19 Call to Order

Chairman Zimmermann called the meeting to order and led all in the Pledge of Allegiance. The secretary called the roll, establishing that a quorum was present. 9:36:13 Approval of Minutes of

ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Gervasio, the Board voted unanimously (5-0) to approve the minutes of February 23, 2015 as presented.

9:36:39 Attorney’s Overview of Board Purpose and Procedures

Attorney Michelle Napier, filling in for Jennifer Peshke, Attorney for the Board,

gave a brief overview of the procedures and purpose of the Code Enforcement Board.


9:43:49 Agenda Additions or Deletions, Consent Items Mr. Roland DeBlois, IRC Environmental and Code Enforcement Chief,

reported the following cases had either complied, been rescheduled, or were recommended by staff for an extension of time on the Consent Agenda. Cases #2014100138, #2013120009, #2014110041, #2014070011, #2014080001, #2014060021, #2014120113, #2015010035, #2015010037, #2014120085, #2015010009, #2014100050, #2014120071, #2015010046 and #2015010047 - 30 day extension until April 24, 2015. Cases #2014070102, #2014090140, #2013040024, #2014080009, #2014080132, #2014090134, #2014100101, #201410000, #2012100094 and #2014030039 - 60 day extension until May 15, 2015. Case #2014070175 – 90 day extension until June 19, 2015. Cases #2014100043, #2015010087 and #2015020045 were rescheduled.

In compliance were Cases #2014120147, #2014010067, #2014100168,

#2014100177, #2015010003, #2014120086, #2014120088, #2015010094, #2015010098, #2015020111, #2015020078, #2015020065, #2015020067, #2015020072, #2014120096, #2014100071, #2014080003 (first of two tiers), 2014030031, #2014100188, #2015020040, #2014120057, #2014120090, #2014120081 and #2015010049.

Mr. DeBlois recommended the Lien Release Requests be heard no sooner

than 3:00 p.m. Mr. Petrulak pointed out on page 12 of the agenda, Case #2013040024, R.I.G. Williams LLC, was almost two years old and had received nine extensions, and now staff was recommending another 60 day extension. He wondered if there were extenuating circumstances on the case. Mr. DeBlois explained the Respondent had recently met with County Commissioners, Building Department inspectors and other IRC staff and was now saying he fully understood what was necessary for compliance. He specified in the past the Respondent had obtained permits and let them expire without getting final approvals, and stressed he did not feel it would be necessary to grant any further extensions in this case. 9:56:23

ON MOTION BY Mr. Clements, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to accept the Consent Agenda with the revisions recommended


by staff. 9:56:36 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.

EVIDENTIARY HEARINGS

9:57:26 Case #2014120037 – Richard & Kathryn McKemy Ms. Rose Jefferson, IRC Code Enforcement Officer, confirmed service by posting the property on March 13, 2015 and submitted four photographs into evidence. She summarized this case had to do with a shed and a fence built with expired permits and recommended an extension of 30 days, until April 24, 2015, for the Respondent to obtain after-the-fact permits and the required inspections.

10:02:43 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find the violations and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondent was present for this hearing. 10:03:12 Case #2015010106 – Christine Lee & Lillie Wong (Applebee’s) Ms. Betty Davis, IRC Code Enforcement Officer, submitted six photographs into evidence. She confirmed she had met with representatives of Applebee’s restaurant, the tenant on the property, and they would be installing trees, shrubs and hedges to replace dead or missing landscape. Inspector Davis recommended an extension of 60 days, until May 15, 2015, for compliance. Mr Robert Rothe, representing Respondent Applebee’s, stated he had already addressed irrigation issues and was working towards compliance.

10:07:55 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find the violations for landscape maintenance and site


plan non-conformance and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record representatives for the tenant were present for this hearing. 10:08:34 Case #2015020060 – Alegra Pryor Jr. Ms. Kelly Buck, IRC Code Enforcement Officer, submitted an Affidavit of Service indicating the property had been posted on March 12, 2015 and five photographs taken on March 23, 2015 into evidence. She described a partially boarded-up home with a number of broken windows, overgrown weeds, junk, trash and debris, unpermitted shed and an unfinished swimming pool with an expired permit that was never finally approved. Ms. Teris Best, representing Wells Fargo bank, testified the bank had final judgment of foreclosure on the property as of February 25, 2015; however the foreclosure sale was not until March 31, 2015, so the bank did not have title and could not correct the violations. She asked for a 90 day extension until the Certificate of Title had been issued on the property. Mr. DeBlois observed the water level in the pool was minimal and would likely not pose a particular hazard. He said he could support 90 days, until June 19, 2015, for compliance. Discussion followed about the urgency for the bank to petition the court to secure the house and pool sooner than 90 days. Mr. DeBlois revised his recommendation for the Board to grant an extension of three weeks, until April 13, 2015, for the pool to be secured.

10:21:01 ON MOTION BY Mr. Clements, SECONDED BY Mr. Myers II, the Board voted (4-1) to find the violations and grant 30 days, until April 24, 2015, for compliance of all the violations or a $100 per day fine would be imposed. Mr. Gervasio opposed.

It is noted for the record the bank’s representative was present for this


hearing. 10:21:47 Case #2014100124 – Walter Glisson Mr. DeBlois advised this case concerned two adjoining lots without a principal structure that were not unified with a third adjacent lot that had a house, and the property was being used for storage of commercial equipment. He added there were also a driveway and a shed on the property without permits.

Ms. Vanessa Carter Solomon, IRC Code Enforcement Officer, submitted three photographs and information from the IRC Property Appraiser’s office into evidence. She noted a driveway permit had been issued in 1985 for some concrete work on one parcel but there was no unity of title and she did not find a building permit associated with a shed located on the vacant parcel.

Respondent Glisson testified he had pulled a permit when the driveway was

put in and he thought everything necessary had been done, and confirmed the commercial equipment had been removed from the site.

Discussion ensued about how a driveway permit was issued without unity of

title being recorded. Respondent Glisson explained his son’s carpentry class had built the shed in

1987 as a class project and installed it on his property, and the teacher told him a temporary building did not need a permit.

Mr. DeBlois conceded there was some ambiguity regarding the concrete

driveway and he did not feel there was enough evidence for staff to pursue the matter; however the shed was on a separate lot from the house without unity of title. He recommended the Board grant 60 days, until May 15, 2015, for the Respondent to obtain an after-the-fact permit for the shed and unity of title for the lot with the shed and the property with the house, or remove the shed. He also recommended entering a Continuing Order for the commercial equipment storage, with a $100 per day fine in the event of recurrence.

10:47:28 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find the violation of no building permit for the shed and


grant 60 days, until May 15, 2015, for the Respondent to obtain an after-the-fact permit and unity of title, or remove the shed; and find compliance for the zoning district use violation but enter a Continuing Order with a possible $100 per day fine in the event the commercial equipment storage recurred on the property.

It is noted for the record the Respondent was present for this hearing. 10:48:12 Case #2015010068 – Carol Fleming Inspector Davis submitted two photographs into evidence and recounted this case was about a structure built with an expired permit and a discrepancy connected with the trusses. She recommended an extension of 90 days, until June 19, 2015, for the Respondent to obtain a new permit and comply. Mr. Chris Pinson, representing the Respondent, confirmed the building met the setbacks in accordance with the permit and stated he was working with engineers to do whatever modifications were necessary for compliance.

10:51:30 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find the yard encroachment violation in compliance and find a violation for no building permit, and grant 90 days, until June 19, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondent’s representative was present for this hearing. 10:52:16 Case #2015010104 – Discount Auto Parts LLC (Advance Auto

Parts) Mr. DeBlois recapped this case involved site plan non-conformance violations with respect to a required stop sign that had been knocked over and dead and dying landscape on the subject property. Inspector Davis submitted six photographs into evidence and said the stop


sign being replaced, but nothing else appeared to have been done. Mr. Brad Brown, District Manager of Advance Auto Parts, asked for an extension and promised he would work with Inspector Davis when he knew exactly needed to be done. Mr. DeBlois recommended an extension of 60 days, until May 15, 2015, for compliance.

10:56:56 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondent’s representative was present for this hearing. 10:58:43 Case #2015010097 – William Saenz (Tenant) Mr. DeBlois related there was no verification of service on Respondent Saenz; however the tenants were present for this hearing. After discussion it was decided to table this case until service to the property owner was obtained.

LIEN RELEASE REQUESTS

11:12:15 Case #9607331 – Robert & Theresa Fowler Jr. Mr. DeBlois recapped this case related to an Order Imposing Penalties and Lien issued in June, 1996 for an unpermitted utility shed and junk vehicles on the subject property. He stated the Board initially granted the Respondent owner at the time, Mr. George Beneck, approximately one month for compliance, and the property came into compliance approximately 39 days after the start date of the fine, July 31, 1996, which resulted in a flat fine of $3,900. Mr. DeBlois indicated the current owner’s representatives had found the old lien on the records and contacted staff. He noted 10% of the flat fine would be $390, which was less than administrative costs, and recommended the Board acknowledge compliance and set the fine at $1,700 to cover administrative costs.


Mr. Richard Beneduce, representing Fanny Mae, advised the lender had acquired the property on October 8, 2014 and had spent a good deal of money for renovations to the property, and asked the Board to release the lien.

11:17:30 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find compliance and set the fine at $1,700 to cover administrative costs.

It is noted for the record the bank’s representative was present for this hearing. 11:18:59 Case #2012020151 – Jaime Martinez Mr. DeBlois recalled this case originally came to the Board on April 23, 2012 for a property maintenance violation for an unstable fence and junk, trash and debris, at which time the Respondent was granted until May 18, 2012 to comply. He continued there was one extension and the case came back for a compliance hearing on June 25, 2012; at which time a $100 per day fine was entered with a start date of June 23, 2012. Mr. DeBlois verified compliance as of January 10, 2015, which was 931 days of non-compliance for a flat fine in the amount of $93,100; and 10% of that would be $9,310 or administrative costs of $2,000 based on one extension. Ms. Stephanie Pare, representing the Bank of America, testified the foreclosing bank had received title to the property in November, 2014 and the previous owner did not vacate the property until December 15, 2014. She pointed out the bank had immediately corrected the violations and asked for a reduced fine. Mr. DeBlois recommended the Board set the fine at administrative costs in the amount of $2,000.

11:23:27 ON MOTION BY Mr. Clements, SECONDED BY Mr. Gervasio, the Board voted (4-1) to find compliance and set the fine at $2,000 to cover administrative costs. Mr. Myers II opposed.


It is noted for the record the bank’s representative was present for this hearing. 11:24:35 Case #2014050125 – Robert/Nilia Barber (The Bank of New York

Mellon) (Green Tree Servicing, LLC) Mr. DeBlois advised this case first came to the Board on July 28, 2014 for overgrown weeds, junk, trash and debris and a dilapidated fence, and after one extension the case came back for a compliance hearing on September 22, 2014, at which time a $100 per day fine was entered with a start date of September 20, 2014. He confirmed compliance had been achieved as of December 1, 2014, which was 72 days of non-compliance for an accrued amount of $7,200; and noted 10% of that would be $720 or administrative costs in the amount of $2,000. Ms. Lonnie Luroma, representing the bank, asked for a reduction of the lien amount.

11:27:15 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find compliance and set the fine at $2,000 to cover administrative costs.

It is noted for the record the bank’s representative was present for this hearing.

COMPLIANCE HEARING 11:28:39 Case #2014070169 – Robert & Mary Lou Thompson Mr. DeBlois summarized the boat/trailer storage and junk, trash and debris violations had been resolved and the only violation remaining in this case was for an unapproved shed. He noted the Board had directed the Respondent to obtain an after-the-fact permit and get final inspection approvals or remove the shed from the property by March 20, 2015.


Respondent Robert Thompson requested 30 days to obtain a final inspection for the shed.

11:32:09 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find non-compliance and grant 30 days, until April 24, 2015, for the Respondent to obtain a final inspection on the shed or a $100 per day fine would be imposed.

It is noted for the record the Respondent was present for this hearing. Chairman Zimmermann called a recess at 3:30 p.m. and reconvened the meeting at 3:35 p.m.

LIEN RELEASE REQUEST 11:33:25 Case #2006100066 – Billy & Laurel Hitchcox Mr. DeBlois related this case first came to Board on November 24, 2014 concerning four mobile homes on a single lot, at which time the foreclosing bank’s representative had asked for a setting of the fine so the bank could proceed with cleanup and closing of the property, with the knowledge it would be affordable for the next owner to purchase the property. He continued the Board had conditionally set the fine at $3,500 with a compliance date of February 20, 2015, with the proviso if compliance was not reached at that time the fine would revert to what it would have been. Mr. DeBlois reported the bank had removed two of the mobile homes, cleaned up the site and worked with IRC Environmental Health Department on septic hookups, and the only thing to resolve was a reconfiguration to split the lots into two in order to keep the remaining two mobile homes. He acknowledged the February 20, 2015 deadline had not been met; however he felt the bank had been diligent in trying to meet the time frame and recommended an additional extension of 60 days, until May 15, 2015, for compliance.


11:35:21 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to grant 60 days, until May 15, 2015, for compliance.

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

EVIDENTIARY HEARINGS 11:35:53 Case #2014120075 – Edward Massey Inspector Davis indicated a complaint had been received about work taking place on some commercial buildings and the Respondent had been cited for no building permit, a property maintenance violation for deteriorating structures and junk vehicles and junk, trash and debris. She confirmed service on March 17, 2015 and submitted five photographs into evidence and advised a permit had been obtained; however it did not cover all of the work being done on the premises and the Respondent had pulled a minor permit for major work. Mr. Gervasio mentioned he had observed a huge diver’s flag flying on the property and Inspector Davis promised to look into the matter. She recommended an extension of 60 days, until May 15, 2015, for compliance.

11:39:53 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondent was not present for this hearing. 11:40:19 Case #2014100091 – Michael Yorio (Canine Coiffure Pet Spa) Inspector Carter Solomon confirmed service on Respondent Michael Yorio on March 12, 2015 via certified mail; but stated there was no service on Canine Coiffure Pet Spa and said she would proceed against Respondent Yorio because the address was the same. She advised the Respondent was operating a pet grooming service from the residence and after being initially cited he had applied for a home


occupation permit that was denied because it would have to be a mobile business.

Inspector Carter Solomon advised the Respondent had asked for an extension of time to transfer the business to a mobile business and recommended an extension of 30 days, until April 24, 2015, for compliance.

11:41:45 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find the violation and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 11:41:59 Case #2014120022 – Aleoskan Nunez Inspector Jefferson submitted an Affidavit of Service indicating the property had been posted on March 13, 2015 and two photographs into evidence. She advised the commercial vehicle violation was in compliance and the remaining violation was for no building permit for a shed, and recommended an extension of 30 days, until April 24, 2015, for compliance.

11:43:16 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find compliance for the commercial vehicle and find the violation for no building permit, and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondent was not present for this hearing. 11:43:34 Case #2014040012 – Robert & Patricia Carlton Inspector Buck confirmed service on March 11, 2015 and submitted one photograph into evidence. She advised the overgrown weeds, junk, trash and debris


and boat/trailer storage violations were in compliance; however there was still a junk vehicle in the rear yard and no building permits for a roof and garage addition. Inspector Buck recommended an extension of 30 days, until April 24, 2015, for compliance of the junk vehicle and 90 days, until June 19, 2015 for the two expired building permits.

11:45:51 ON MOTION BY Mr. Clements, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violations and grant 30 days, until April 24, 2015, for compliance of the junk vehicle and 90 days, until June 19, 2015, for the two expired building permits, or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 11:46:05 Case #2014120142 – Helen Cooper Inspector Jefferson submitted an Affidavit of Service indicating the property had been posted on March 13, 2015 and six photographs into evidence, and described a burnt residence cited for property maintenance, unsafe building, health and safety hazard/public nuisance, overgrown weeds and junk, trash and debris violations. She recommended an extension of 30 days, until April 24, 2015, for compliance of the junk, trash and debris and overgrown weeds violations; and an extension of 90 days, until June 19, 2015, for the Respondent to repair or demolish the structure. Mr. DeBlois added this case was moving forward as a condemnation through the IRC Building Department; however in the meantime staff was recommending a 90 day time frame for the owner to take responsibility for demolition.

11:48:03 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Gervasio, the Board voted unanimously (5-0) to find the violations and grant 30 days, until April 24, 2015,


for compliance of the junk, trash and debris and overgrown weeds violations; and an extension of 90 days, until June 19, 2015, for the Respondent to repair or demolish the structure, or a $100 per day fine would be imposed.

It is noted for the record the Respondent was not present for this hearing. 11:48:18 Case #2015010059 – Thomas Holman Inspector Carter Solomon confirmed service on March 12, 2015 via certified mail and submitted five photographs into evidence. She related the cited violations were for property maintenance and junk, trash and debris and recommended an extension of 60 days, until May 15, 2015, for removal of the debris and 120 days, until July 24, 2015, for demolition of the residence.

11:51:41 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for removal of the debris and 120 days, until July 24, 2015, for demolition of the residence or a $100 per day fine would be imposed.

It is noted for the record the Respondent was not present for this hearing. 11:52:02 Case #2015020103 – Oscar, Lidia & Oscar Villalobos Jr. Inspector Davis submitted an Affidavit of Service indicating the property had been posted on March 13, 2015 and six photographs into evidence. She said she had received complaints about landscape companies dumping on the subject property and the adjacent lot, and had cited the Respondents for zoning district use, property maintenance for broken windows, overgrown weeds and junk, trash and debris violations. Inspector Davis recommended an extension of 60 days, until May 15, 2015, for compliance.

11:53:33 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for


compliance or a $100 per day fine would be imposed. It is noted for the record the Respondents were not present for this hearing. 11:53:43 Case #2014120105 – Lora Pendergast (Citi Mortgage Inc.) Inspector Davis confirmed service on the bank on March 11, 2015 and submitted an Affidavit of Service indicating the property had been posted on March 13, 2015, and two photographs into evidence. She described overgrown weeds on the subject property and recommended an extension of 30 days, until April 24, 2015, for compliance.

11:54:40 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violation and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 11:54:55 Case #2015010101 – Dayton Hudson Corp #T-1050 (Target) Inspector Davis confirmed service on Dayton Huston Corp. on March 10, 2015 and on Target Stores on March 11, 2015. She submitted nine photographs into evidence and described various landscape maintenance and site plan non-conformance violations on the subject property, and recommended an extension of 60 days, until May 15, 2015, for compliance. 11:57:30

ON MOTION BY Mr. Clements, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 11:57:40 Case #2015010102 – First Union National Bank of Florida (Wells

Fargo Bank)


Inspector Davis submitted six photographs into evidence and confirmed service on both First Union National Bank and Wells Fargo Bank on March 11, 2015. She related the violations on the subject property were for landscape maintenance and site plan non-conformance for dead and missing landscape, and reported some of the hedges had been replaced with undersized shrubs. Inspector Davis recommended an extension of 30 days, until April 24, 2015, for compliance. 11:59:11

ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Gervasio, the Board voted unanimously (5-0) to find the violations and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 11:59:24 Case #2015010105 – Gardens at River Grove HOA Inc. (Gardens at

River Grove LLC) Inspector Davis submitted eight photographs into evidence and confirmed service on both Respondents on March 11, 2015. She indicated she had cited the property for landscape maintenance and site plan non-conformance violations, and recommended an extension of 30 days, until April 24, 2015, for compliance. 12:01:06

ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violations and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 12:01:17 Case #2015010096 – Brian Secrest & Ann Torres Inspector Davis submitted an Affidavit of Service indicating the property had been posted on March 13, 2015 and one photograph into evidence. She described an old house without a roof or windows that was cited for property maintenance, unsafe building, health and safety hazard/public nuisance and junk, trash and debris violations, and recommended an extension of 60 days, until May 15, 2015, for compliance.


12:02:54

ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 12:03:09 Case #2015020013 – Brae Burns Estates POA Inc. (Maronda

Homes Inc. of Florida) Inspector Davis confirmed service by posting on March 13, 2015 and advised the property had been cited for landscape maintenance and sign violations. She submitted three photographs into evidence and advised the sign violations were complied and recommended an extension of 30 days, until April 24, 2015, for compliance of the landscape maintenance issues. 12:04:06

ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the landscape maintenance violation and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 12:04:18 Case #2015020027 – First Developers Corporation (Sterling

Warner) Inspector Davis submitted 10 photographs into evidence and described dead and missing landscape and site plan non-conformance issues on the subject property. She mentioned the Respondent’s representative was being very cooperative and was working toward compliance, and recommended an extension of 60 days, until May 15, 2015. 12:06:30

ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find


the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 12:06:39 Case #2015020028 – Vinpar Management LLC (Comfort Suites) Inspector Davis submitted nine photographs into evidence and explained two thirds of the trees on the site had been removed or damaged and she had cited the property for site plan non-conformance and landscape maintenance violations. She confirmed service on Vinpar Management on May 12, 2015 and on Comfort Suites on May 13, 2015, and advised the Respondents had met with staff to remedy the situation and recommended an extension of 60 days, until May 15, 2015, for compliance. 12:07:53

ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing. 12:08:06 Case #2015020106 – Bengt Anders Nyquist III Inspector Davis submitted an Affidavit of Service indicating the property had been posted on March 13, 2015 and eight photographs into evidence. She related this case involved a vacant house with hazardous balconies and an unsafe water fountain that she had cited for property maintenance, unsafe building and health and safety hazard/public nuisance violations, and recommended an extension of 60 days, until May 15, 2015, for compliance. 12:10:04

ON MOTION BY Mr. Clements, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find the violations and grant 60 days, until May 15, 2015, for compliance or a $100 per day fine would be


imposed. It is noted for the record the Respondent was not present for this hearing. 12:10:25 Case #2015030001 – Jacob Shivers (Jennifer Shivers) Inspector Davis submitted an Affidavit of Service indicating the property had been posted on March 13, 2015 and one photograph into evidence. She testified she had received a number of complaints from adjoining neighbors regarding junk, trash and debris and recommended an extension of 30 days, until April 24, 2015, for compliance. 12:11:24

ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find the violation and grant 30 days, until April 24, 2015, for compliance or a $100 per day fine would be imposed.

It is noted for the record the Respondents were not present for this hearing.

COMPLIANCE HEARINGS 12:11:36 Case #2014110001 - The Enclave at Vero Beach HOA Inspector Buck recapped this case first came to the Board on January 26, 2015 for a property maintenance violation. She submitted one photographs into evidence and reported nothing had changed since that time and recommended a $100 per day fine be imposed with a start date of March 21, 2015.

12:13:27 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find non-compliance and impose a $100 per day fine with a start date of March 21, 2015.

It is noted for the record the Respondent was not present for this hearing. 12:13:49 Case #2014100032 – Tarpon IV LLC Inspector Carter Solomon related this was a case that initially came to the Board on January 26, 2015 for a property maintenance violation for a vacant


structure in disrepair and zoning district use violation for storage of boats and trailers on a vacant lot. She testified she had not had contact with any of the representatives and there had been no progress made, and recommended a $100 per day fine be imposed with a start date of March 21, 2015.

12:14:41 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find non-compliance and impose a $100 per day fine with a start date of March 21, 2015.

It is noted for the record the Respondent was not present for this hearing. 12:15:04 Case #2014100173 – Daisy Mae Homes & Elija Cannon Inspector Buck stated this case came to the Board last month for a compliance hearing for overgrown weeds. She testified nothing had been done and recommended a $100 per day fine be imposed with a start date of March 21, 2015.

12:15:43 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find non-compliance and impose a $100 per day fine with a start date of March 21, 2015.

It is noted for the record the Respondents were not present for this hearing. 12:15:54 Case #2015010055 – Lillie Mae Weems Inspector Buck advised this case to the Board last month for a property maintenance violation for an unsafe structure. She submitted one photograph into evidence and confirmed the IRC Building Department had initiated the condemnation process on the home. Inspector Buck recommended a $100 per day fine be imposed with a start date of March 21, 2015.

12:16:23 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the Board voted unanimously (5-0) to find non-compliance and impose a $100 per day fine with a start date of March 21, 2015.


It is noted for the record the Respondent was not present for this hearing. 12:18:27 Case #2014100153 – Michael & Rachael Kramer (ABN AMRO

Mortgage Group, Inc.) Inspector Carter Solomon summarized this case first came to the Board on January 26, 2015 for overgrown weeds, with one extension subsequently being granted. She testified as of today’s date the grass had not been cut and recommended a $100 per day fine be imposed with a start date of March 21, 2015.

12:19:01 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find non-compliance and impose a $100 per day fine with a start date of March 21, 2015.

It is noted for the record the Respondents were not present for this hearing. 12:19:17 Case #2014120015 – Joshua Putman (U.S. Bank National Assoc.) Inspector Carter Solomon recalled this case initially came to the Board on January 26, 2015 for junk, trash and debris and a health and safety hazard/public nuisance for dead branches hanging from an oak tree. She submitted one photograph into evidence and recommended the $100 per day fine be imposed with a start date of March 21, 2015.


It is noted for the record the Respondents were not present for this hearing. 12:20:17 Case #2014120061 – Robert & Evelyn Weatherington (PNC

Mortgage) Inspector Carter Solomon recapped this case first came to the Board on January 26, 2015 for overgrown weeds. She submitted two photographs into


evidence and reported the bank had mowed the front yard; however the rear yard was still extremely overgrown, and recommended the $100 per day fine be imposed with a start date of March 21, 2015.

12:21:08 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Clements, the Board voted unanimously (5-0) to find non-compliance and impose a $100 per day fine with a start date of March 21, 2015.

It is noted for the record the Respondents were not present for this hearing. 12:21:19 Case #2014100157 – Peggy Sue Cooper (Deutsche Bank National

Trust) Inspector Carter Solomon related this case initially came before the Board on November 24, 2014 regarding a swimming pool maintenance violation, with numerous extensions being granted. She reported the bank had sold the property but the Certificate of Title had not been issued and the pool remained unmaintained. Inspector Carter Solomon submitted one photograph into evidence and recommended the $100 per day fine be imposed with a start date of March 21, 2015.


It is noted for the record the Respondents were not present for this hearing. 12:22:38 Case #2014100112 – Cumberland Farms, Inc. Mr. DeBlois recapped this case first came to the Board on November 24, 2014 for landscape maintenance and site plan non-conformance violations. Inspector Davis reported the property was not in compliance and recommended the $100 per day fine be imposed with a start date of March 21, 2015.

12:25:02 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Myers II, the Board voted unanimously (5-0) to find


non-compliance and impose a $100 per day fine with a start date of March 21, 2015.

It is noted for the record the Respondent was not present for this hearing. 12:25:12 Case #2015030025 – Judith Walker Smith Inspector Buck reported there was no service on this case. 12:25:53 Authorization for Notices to Appear

ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak the Board voted unanimously (5-0) to authorize the Notices to Appear for cases leading up to the April 27, 2015 meeting.

Other Matters

There were none. Adjournment

There being no further business, the meeting was adjourned at 4:30 p.m.

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