Code Enforcement Board CITY OF PUNTA GORDA, FLORIDA

Transcription

Code Enforcement Board CITY OF PUNTA GORDA, FLORIDA
Code Enforcement Board
CITY OF PU TA GORDA, FLORIDA
APRIL 27, 2016, 9:00 AM
CITY COU CIL CHAMBERS - 326 W. MARIO AVE
OTE: Anyone wishing to address the Council on any agenda item may do so at the appropriate time during the meeting.
Those who choose to speak must state their name for the record. Each person will be allowed to speak once on each subject up
to a maximum of three minutes.
I.
CALL TO ORDER/A
A.
Roll Call
1.
B.
May 25, 2016
APPROVAL OF MI UTES
A.
III.
Roll Call
ext Scheduled Meeting
1.
II.
OU CEME TS
March 23, 2016
EW BUSI ESS
A.
16-59287-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondent:
Marianne Lilly
Address of Violation:
827 Kings Ct
Violation of Chapter: 26, Section 8.11 (c), (e) Maintenance Vegetation
Violation of Chapter: 9, Section 9-2 (h) Dense Wild Overgrowth
B.
HEARI G IMPOSI G PE ALTY - REPEAT VIOLATIO
16-59878-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondent:
Alan L. Russo
Address of Violation:
83 Hibiscus Dr
Violation of Chapter: 9, Section 9-2 (d) Unlicensed Vehicle
C.
16-59820-CODE COMPLIA CE OFFICER-DAVID MCCARTY
Respondents:
Christiana Trust Trustee,
% Ocwen Loan Servicing, LLC
Address of Violation:
7505 Paspalum
Violation of Chapter: 26, Section 8.11 (c), (e), (f) Maintenance-Grass & Landscape
IV.
D.
16-59952-CODE COMPLIA CE OFFICER-DAVID MCCARTY
Respondents:
The Bull & Tarpon O BS Foodies,
% Michelle L. Teears,
Moonloft, LLC
Address of Violation:
318 Tamiami Trail
Violation of Chapter: 26, Section 13.2 (a) Business Event Permit Required
Violation of Chapter: 26, Section 13.2 (b) Business Promotion Permit Required
Violation of Chapter: 26, Section 13.3 (a) Grand Opening Permit Required
Violation of Chapter: 26, Section 11.2 (g) Sign Installed- o Permit
E.
16-59580-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondent:
George Hutchinson
Address of Violation:
5004 La Costa Island Ct
Violation of Chapter: 26, Section 8.11 (e) (1) Maintenance-Landscape
F.
16-59781-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondents:
Hector Canino,
% Punta Gorda Sr., Jr., Corp.
Address of Violation:
500 Via Tripoli
Violation of Chapter: 26, Section 3.13 (n) Garbage Containers
Violation of Chapter: 26, Section 8.11 (g) Maintenance-Outdoor Storage
Violation of Chapter: 10, Section 10-8 Garbage Lids on Containers
G.
16-59873-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondents:
Holly A. Smith,
Susan Wells
Address of Violation:
329 W Virginia Ave
Violation of Chapter: 26, Section 8.11 (g) Outdoor Storage
Violation of Chapter: 9, Section 9-2 (a) Outdoor Storage
Violation of Chapter: 26, Section 8.11 (c) Maintenance-Yard Vegetation
Violation of Chapter: 26, Section 8.11 (e) (1) Maintenance-Landscape
H.
IRREVERSIBLE & IRREPARABLE - PE ALTY HEARI G
16-60125-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondents:
Leroy's Southern Kitchen & Bar,
Sunloft, LLC,
% CAM Realty of Southwest
Florida, Inc.
Address of Violation:
201 W Marion Ave
Violation of Chapter: 9, Section 9-2 (f), (g), (h), (j) Public uisances
Violation of Chapter: 9, Section 9-3 Causing or Maintaining Public uisances
Violation of Chapter: 6A, Section 1.6 (a), (b) Prohibited Discharges
U FI ISHED BUSI ESS
A.
16-59281-CODE COMPLIA CE OFFICE-MARICELA PERDOMO
Respondent:
Frances Joyce Lenz, Tr
Address of Violation:
509 Gill St
Violation of Chapter: 26, Section 8.11 (c), (e) Maintenance - Vegetation
Violation of Chapter: 9, Section 9-2 (h) Wild Overgrowth
Violation of Chapter: 26, Section 8.11 (e) Maintenance - Landscape
B.
HEARI G IMPOSI G PE ALTY
15-57580-CODE COMPLIA CE OFFICER-MARICELA PERDOMO
Respondents:
Massimo & Andrea S. Bosco
Address of Violation:
1592 Aqui Esta Dr
Violation of Chapter: 26, Section 8.11 (a) Maintenance - Roof Discolored
C.
REQUEST FOR FI E REDUCTIO
16-59323-CODE COMPLIA CE OFFICE-MARICELA PERDOMO
Respondents:
Punta Gorda AA Hotel, LLC
% Amer Asmar,
f/k/a Punta Gorda Hotel, LLC
Address of Violation:
300 W Retta Esplanade
Violation of Chapter: 9, Section 9-2 (a) Outside Storage
Violation of Chapter: 26, Section 8.11 (g) Outdoor Storage
Violation of Chapter: 26, Section 8.14 (b) Structures and Uses Limited in Yards
Violation of Chapter: 10, Section 10-4 Garbage Containers Required
Violation of Chapter: 10, Section 10-7 Garbage Cans Accessibility
Violation of Chapter: 10, Section 10-8 Garbage Lids on Containers
Violation of Chapter: 10, Section 10-10 (a), (e), (g) Unlawful Acts
Violation of Chapter: 9, Section 9-2 (g) Danger Blight Condition
D.
REQUEST FOR FI E REDUCTIO
10-39984-CODE COMPLIA CE OFFICER-DAVID MCCARTY
Respondents:
Donato Boccio,
Vincent Boccio,
Connie Boccio,
Address of Violation:
540 Gold Tree
Violation of Chapter: 26, Section 3.13 (g) SRO - Parking Commercial Vehicle
Violation of Chapter: 26, Section 3.13 (l) SRO - Storage of Watercraft
Violation of Chapter: 26, Section 3.13 (h) SRO - Parking Commercial Vehicle
V.
STAFF COMME TS
VI.
COMMITTEE/BOARD COMME TS
VII.
CITIZE S' COMME TS
VIII.
ADJOUR ME T
At meetings in which public hearings are reviewed, any member of the audience who wishes to speak will be
recognized and heard. All persons must be sworn in prior to offering testimony. Comments may be limited to
three minutes. The following motion format is recommended for use by an advisory board/committee in a
quasi-judicial proceeding: Based on the evidence and testimony presented at this Public Hearing for Item #
______, I find that this request (is/is not) consistent with the City of Punta Gorda Comprehensive Plan and
move that we recommend to the City Council (approval/approval with conditions/denial) of this request.
If any person decides to appeal any decision made by this Advisory Board/Committee with respect to any
matter considered at the meeting or hearing, he or she may need a record of the proceedings, and for such
purpose he or she may need to ensure that a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, the location of this public
hearing is accessible to persons with disabilities. If you are a person with disability who needs any
accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Interpreters for the hearing impaired (TTY 941-575-5013) or non-English speaking citizens,
and any other special accommodations can be requested by contacting the Human Resources Manager/NonDiscrimination Coordinator whose address is 326 W. Marion Avenue, Punta Gorda, FL 33950, whose
telephone number is (941) 575-3308, and whose email address is [email protected], at least two (2)
calendars days prior to the meeting.
CODE E FORCEME T BOARD
CITY OF PU TA GORDA
4/27/2016
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CODE E FORCEME T BOARD
CITY OF PU TA GORDA
4/27/2016
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ext Scheduled Meeting*
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May 25, 2016
CODE E FORCEME T BOARD
CITY OF PU TA GORDA
4/27/2016
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Approval of Minutes*
Title:
Funds:
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1.
March 23, 2016
March 23, 2016
CODE ENFORCEMENT BOARD
MEETING
MARCH 23, 2016
MEMBERS PRESENT:
Norman Ashworth, Chairman
Trudi Baxter, John Burrage, John Chalifoux,
Charles Counsil, Lynne Matthews, Vic Poitras
OTHERS PRESENT:
Nick Falkner, David McCarty, Maricela Perdomo, Code Compliance
Officers; David Levin, City Attorney; Justin Kleiver, Police Officer; Teri
Tubbs, Zoning Official; Jennifer Daumann, Code Compliance
Coordinator; Frances Lenz, Sherry Spencer
CALL TO ORDER/ANNOUNCEMENTS
A.
Roll Call
B.
Next Scheduled Meeting
1.
April 27, 2016
APPROVAL OF MINUTES
A.
Meeting of February 24, 2016
-
Mr. Burrage MOVED, Mr. Chalifoux SECONDED approval of the February 24, 2016
minutes. MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
-
Recording Secretary Kelly swore in all participants.
A.
Irreversible and Irreparable - Penalty Hearing
16-59676 - CODE COMPLIANCE OFFICER - NICK FALKNER
Respondents:
Cona Williams, Lindsey Williams,
Matthew Anthony Cavalieri, Cona Mea Garman
Addresses of Violation:
462 Tabebuia Tree
456 Tabebuia Tree
Violation of Chapter 9, Section 9-2(d), Public nuisance; and Chapter 26, Section 268.10, Parking of trailers; and Chapter 26, Section 26-3.13(g), Special Residential
Overlay district; and Chapter 26, Section 26-3.13(i). Special Residential Overlay district.
-
Mr. Ashworth noted the respondents were not present, confirming there were no
objections to entering a plea of not guilty on their behalf.
-
Mr. Nick Falkner, Code Compliance Officer, displayed several photographs of the
alleged violations on the subject properties, located within City limits, stating on
February 16, 2016, Police Officer Justin Kleiver responded to a complaint at 456
Tabebuia Tree and observed a dual axle, flatbed trailer parked on a vacant lot. He
advised Officer Kleiver made contact with Ms. Cona Garman, respondent, at 456
Tabebuia Tree and advised her of the prohibition against parking on vacant lots
between 1:00 a.m. and 5:00 a.m., adding no citation was issued at that time.
He
continued on February 17, 2016, Police Officer Lee Cole responded several times to
456 Tabebuia Tree and observed a truck and trailer with no tag attached holding
several all-terrain vehicles. He reported Officer Cole issued a parking citation for the
truck; however, he was unable to cite the trailer as it did not hold a current
registration.
He advised a Notice of Violation was issued by certified mail to 456
Tabebuia Tree which was received by the respondent on February 20, 2016; however,
the Notice of Violation issued by certified mail to 462 Tabebuia Tree had not been
returned nor had he received the return receipt.
He stated upon subsequent re-
inspections on February 23, 24, 25 and 26, 2016, he did not find the trailer parked at
either property; however, on March 1, 2016, the trailer was observed by Master Police
Officer (MPO) Bonnie Buckelew to be parked overnight on the vacant lot, adding the
trailer’s tag had expired on March 26, 2015. He noted he inspected the property the
following morning and observed both the truck and trailer had been removed from the
vacant lot. He announced a Notice of Hearing was issued by certified mail and received
by the respondent on March 7, 2016, adding the property was inspected on March 4,
5, 6, 7, 9, 11 and 14, 2016, and no violations were observed. He summarized neither
the truck nor the trailer had been parked on either property since the Notice of Hearing
was issued.
-
City Attorney David Levin questioned the address of the vacant lot.
-
Mr. Falkner replied 456 Tabebuia Tree, confirming the truck and trailer were also
observed at times to be parked at 462 Tabebuia Tree.
-
City Attorney Levin questioned the relationship of the four respondents listed above.
-
Mr. Falkner replied Ms. Garman resided at 462 Tabebuia Tree, adding Ms. Cona
Williams and Mr. Lindsey Williams owned both properties.
He stated Mr. Matthew
Cavalieri owned the truck and trailer.
-
Mr. Counsil MOVED, Mr. Chalifoux SECONDED the City had presented a prima facie
case. MOTION CARRIED UNANIMOUSLY.
-
Officer Kleiver reiterated Mr. Falkner’s testimony as same related to his observations
on February 16, 2016.
-
Mr. Chalifoux questioned the number of citations issued in this case.
-
Mr. Falkner replied two.
-
Mr. Chalifoux asked how the trailer was cited in that ownership could not be
determined due to the absence of a vehicle tag.
-2-
-
Ms. Teri Tubbs, Zoning Official, replied the citation was issued based on the expired
registration information.
-
Mr. Chalifoux commented he did not see a tag in any of the photographs, opining the
case could be easily contested.
-
Mr. Ashworth asked if any of the citations had been paid.
-
Ms. Tubbs expressed uncertainty regarding same.
-
City Attorney Levin interjected the case before the Board was for violations on City
property as opposed to parking citations. He pointed out the City was simply seeking
a Cease & Desist Order for any future violations.
-
Mr. Chalifoux confirmed the same individuals owned both the home and the adjacent
vacant lot.
-
Mr. Poitras clarified this was an ongoing problem, expressing surprise the City was
only seeking a Cease & Desist Order.
-
Mr. Falkner explained the violation no longer existed.
-
Mr. Chalifoux MOVED, Mr. Burrage SECONDED to find the respondent guilty of an
irreversible and irreparable violation, to issue a Cease & Desist Order for any future
violations and to require payment of case costs incurred in the amount of $33.76
within 10 days, subject to a fine of up to $500 per day.
MOTION CARRIED
UNANIMOUSLY.
B.
16-59296 - CODE COMPLIANCE OFFICER - DAVID McCARTY
Respondent:
Michael Bracken
Address of Violation:
120 East Ann Street
Violation of Chapter 9, Section 9-2(a); and Chapter 26, Section 16-8.14(b), Outdoor
storage; and Chapter 26, Section 26-8.11(c), Maintenance, yard vegetation; and
Chapter 26, Section 26-11.6(j),(n), Prohibited signs and devices.
-
Mr. Ashworth noted the respondent was not present, confirming there were no
objections to entering a plea of not guilty on his behalf.
-
Mr. David McCarty, Code Compliance Officer, displayed several photographs of the
subject property, located within City limits, stating on January 21, 2016, an inspection
of the property found outside storage including but not limited to tires, tire rims, an
axle, computer equipment, barrels, trash and miscellaneous debris.
He noted his
inspection also revealed tall grass and/or weeds and an abandoned sign on the front of
the building, advertising a business no longer in operation. He explained a Notice of
Violation was issued on January 21, 2016, by certified mail; however, the mail was
returned unclaimed, and the property was posted on January 22, 2016. He stated a
February 8, 2016, re-inspection found the violations had not been corrected.
-3-
He
announced a Notice of Hearing was issued by certified mail on February 8, 2016, and
returned unclaimed, adding the property was also posted on February 8, 2016. He
reported the respondent was deceased, adding there had been no estate or foreclosure
actions filed on this property in Circuit Court, adding on February 26, 2016, he emailed Mr. Kyle Bracken, Registered Agent for Quillin's Auto Service, the business
previously located at the subject location; however, he received no response.
He
continued on March 9, 2016, he discovered another address for Mr. Bracken to which
he mailed the Notice of Hearing, stating the mail was subsequently returned
undelivered. He advised on March 1, 2016, he found a notice posted on the front door
from Achieva Credit Union (ACU), adding an ACU representative advised the mortgage
was over 90 days past due, and the locks had been changed. He pointed out the ACU
representative also indicated the property would be cleaned up and maintained once
foreclosure actions commenced. He concluded the violations remained uncorrected as
of March 22, 2016.
He then submitted an invoice for case costs incurred in the
amount of $21.99.
-
Mr. Poitras MOVED, Mr. Counsil SECONDED the City had presented a prima facie case.
MOTION CARRIED UNANIMOUSLY.
-
Mr. Burrage MOVED, Mr. Chalifoux SECONDED to find the respondent guilty, to issue a
Cease & Desist Order requiring the violations to be eliminated within 14 days, to
require payment of case costs incurred in the amount of $21.99 within 14 days, all
subject to a fine of up to $250 per day; failure to do so to cause the City to begin the
Special Assessment process and take all necessary actions to bring the property into
compliance. MOTION CARRIED UNANIMOUSLY.
-
Mr. Counsil clarified the term "all necessary actions” included entering the property
through the locked gates and physically removing any debris, thus representing a true
remedial action which could be taken by the City.
C.
15-59281 - CODE COMPLIANCE OFFICER - MARICELA PERDOMO
Respondent:
Frances Joyce Lenz, Trust
Address of Violation:
509 Gill Street
Violation of Chapter 26, Section 26-8.11(c),(e), Maintenance, vegetation; and Chapter
9, Section 9-2(h), Wild overgrowth; and Chapter 26, Section 26-8.11(e), Maintenance,
landscape.
-
Ms. Frances Lenz, respondent, entered a plea of guilty.
-
Ms. Maricela Perdomo, Code Compliance Officer, displayed several photographs of the
subject property, located within City limits, stating on January 20, 2016, an inspection
of the property found tall grass and/or weeds, overgrowth and underbrush around the
-4-
trees and shrubs and dead palm fronds on the trees.
She explained she issued a
Notice of Violation by certified mail, which was received by the respondent on January
28, 2016; however, the violations remained as of her re-inspection on February 17,
2016. She reported a Notice of Hearing was issued by certified mail and received by
the respondent on February 22, 2016. She stated on February 26, 2016, Ms. Lenz
advised she had retained a landscaper who was scheduled to begin work on March 24,
2016, confirming the contract between the respondent and the landscaper was
included in the agenda material. She concluded the violations remained as of March
22, 2016. She then submitted an invoice for case costs incurred in the amount of
$16.93.
-
Ms. Lenz stated the property had been in her family for a number of generations,
adding the yard had always been maintained in a somewhat “wild” condition.
She
described her plans for the property, stating she was on a fixed income which
prohibited her from simply hiring someone. She explained she wished to maintain her
property in a an environmentally friendly manner.
-
Mr. Poitras asked Ms. Lenz to comment on the landscaping plan mentioned by Ms.
Perdomo.
-
Ms. Lenz replied the landscaper, Mr. Carl Powell, was very busy, adding scheduling had
been somewhat problematic due to rain.
-
Mr. Counsil commented there appeared to be a conflict between the respondent’s
plans and the City’s regulations, asking if Ms. LeBeau, Chief Planner, could provide
some assistance to the respondent.
-
Mr. Chalifoux MOVED, Ms. Matthews SECONDED the City had presented a prima facie
case. MOTION CARRIED UNANIMOUSLY.
-
Ms. Tubbs replied affirmatively to Mr. Counsil's suggestion, noting Ms. LeBeau was a
certified arborist. She confirmed a middle ground could be found which allowed both
a Florida Friendly yard and proper maintenance.
-
Mr. Chalifoux suggested a 30 day continuance.
-
Mr. Counsil asked if staff felt the landscaper's proposal would satisfy the requirements
of City Code.
-
Ms. Perdomo replied she was unsure if Mr. Powell would continue to maintain the
property. She noted Ms. Lenz did not mow the grass but rather pulled weeds by hand.
-
Mr. Chalifoux stated he believed the grass had been mowed in the past.
-
Ms. Lenz agreed; however, she had experienced problems with her mower.
-
Mr. Chalifoux confirmed Ms. Lenz was aware the grass must be mowed.
-5-
-
Mr. Chalifoux MOVED, Mr. Burrage SECONDED to continue Case #16-59281 to the
Board’s next meeting. MOTION CARRIED UNANIMOUSLY.
D.
Irreversible and Irreparable - Penalty Hearing
16-59725 - CODE COMPLIANCE OFFICER - MARICELA PERDOMO
Respondents:
Air Photo, Inc.
c/o Ellen Law, Sales Representative
Address of Violation:
Right-of-way
Violation of Chapter 15, Section 15-45(a)(1); (a)(3) and (b), Door-to-door selling,
soliciting and canvassing.
-
Mr. Ashworth noted the respondent was not present, confirming there were no
objections to entering a plea of not guilty on their behalf.
-
Ms. Perdomo displayed several photographs of the subject property, located within
City limits, stating on February 12, 2016, staff received a complaint regarding a
representative of Air Photo, Inc., respondent, going door to door trying to sell aerial
photographs of residents' homes throughout Punta Gorda Isles (PGI).
She noted a
yellow doorknocker was provided as evidence, displaying an example of same. She
confirmed on February 12, 2016, she called the respondent and left a voice mail
message advising they must refrain from any future solicitations; however, on February
26, 2016, staff received another complaint from the PGI Civic Association regarding
continued infractions.
She explained a Notice of Penalty Hearing was issued by
certified mail and received by the respondent on March 7, 2016. She stated on March
8, 2016, Mr. Jon Sanders of Air Photo, Inc. contacted her to advise he had been
unaware of the prohibition against door to door solicitation and had since moved his
employees out of the area. She noted she advised Mr. Sanders to have a representative
attend this hearing to plead their case. She explained she was subsequently informed
by Ms. Sandy O'Neil, Air Photo, Inc., of the difficulty in keeping up to date on the
various ordinances in effect in different cities and counties as well as of their inability
to attend this hearing due to unforeseen circumstances. She confirmed members had
received a copy of Ms. O'Neil's letter in the agenda material. She then submitted an
invoice for case costs incurred in the amount of $16.93.
-
Mr. Chalifoux MOVED, Mr. Burrage SECONDED the City had presented a prima facie
case. MOTION CARRIED UNANIMOUSLY.
-
Mr. Poitras questioned the number of homes which were solicited.
-
Ms. Perdomo replied she was unsure of the exact number.
-
Mr. Counsil MOVED, Ms. Baxter SECONDED to find the respondent guilty of an
irreversible and irreparable violation, to impose a fine of $100 payable within 10 days,
-6-
to require payment of case costs incurred in the amount of $23.82 within 10 days and
to issue a Cease & Desist Order for any future violations, subject to a fine of up to
$500 per day. MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
A.
15-58461 - CODE COMPLIANCE OFFICER - MARICELA PERDOMO
Respondent:
Winter Park Dodge, Inc.
Address of Violation:
1601 Tamiami Trail
Violation of Chapter 26, Section 26-17.5(2),(c),(d)(1),(2),(3); and Chapter 26, Section
26-11.3(g)(1),(2),(3),(4),(5),(6),(7),(8),(9),(10),(11), Sign, non-conforming; and Chapter
26, Section 26-8.11(c),(e),1,2,3,4, Maintenance, vegetation.
-
Ms. Perdomo announced this case was continued from the Board's previous meeting,
providing a detailed review of events surrounding the property, located within City
limits, and displaying several photographs of same.
She reiterated her testimony
provided at the Board's February 24, 2016 Meeting, noting on February 29, 2016, Ms.
Tubbs met with Ms. Sherry Spencer, respondent, as recommended by the Board,
regarding the specifics of the landscape plan. She stated she inspected the property
on March 22, 2016, reporting the sign structure remained unchanged, and no
landscape plan had been submitted; therefore, she suggested a definitive time period
be provided to remedy all violations. She submitted an invoice for case costs incurred
in the amount of $12.77.
-
Mr. Chalifoux commented the photographs indicated no action had been taken.
-
Ms. Spencer stated she had received estimates from a number of landscape architects,
adding she was meeting this date with the landscaper who had been selected. She
noted her supervisor had agreed to have other contractors meet her on site this date
as well, thus the reason no action had been taken to date.
She explained she
understood the lighting contractor and landscape architect would meet to coordinate
proper lighting of specific plants, adding work relative to the sign required her
supervisor's approval.
-
Mr. Burrage questioned the anticipated timeframe for completion of all of the work.
-
Ms. Spencer replied she could provide an answer after meeting with the landscaper and
lighting contractor.
-
Mr. Poitras requested clarification of the sign violation.
-
Ms. Perdomo explained the sign structure itself was non-conforming.
-
Mr. Poitras observed a photograph taken the previous day depicted a large amount of
debris in the parking lot. He asserted neither the sign nor the debris were contingent
-7-
upon selection of a landscaper.
He commented he wished some effort had
been
shown between the previous meeting and this date.
-
Ms. Spencer stated she had arranged for someone to remove the parking lot debris;
however, the individual failed to appear. She noted she worked in a different area in
the State and thus had been unaware the work was not being done. She confirmed she
had made arrangements for removal of the sign; however, she was awaiting her
supervisor's approval.
-
Ms. Tubbs interjected a sign contractor contacted the City on February 24, 2016,
stating all necessary information had been sent to the company. She noted she had
not heard back from the sign company since that time.
-
Mr. Poitras MOVED, Mr. Burrage SECONDED to find the respondent guilty, to issue a
Cease & Desist Order requiring the violations to be eliminated within 21 days and to
require payment of case costs incurred in the amount of $12.77 within 14 days,
subject to a fine of up to $250 per day. MOTION CARRIED UNANIMOUSLY.
B.
Hearing Imposing Penalty
15-59023 - CODE COMPLIANCE OFFICER - MARICELA PERDOMO
Respondent:
Parcelnomics, LLC
Address of Violation:
490 West Olympia Avenue
Violation of Chapter 26, Section 26-8.11(e), Maintenance, landscape; and Chapter 26,
Section 26-8.11(a),(b), Maintenance, fence.
-
Ms. Perdomo displayed several photographs of the subject property, located within
City limits, stating on February 24, 2016, the Board issued a Cease & Desist Order
requiring the property to be brought into compliance within 5 days of receipt of the
Order.
She continued the Order also provided for the City to take the necessary
actions to eliminate the violations associated with landscaping for a total cost of $900
in the event the respondent failed to do so.
She reported a March 2, 2016, re-
inspection found the City had maintained the landscaping; however, the corrective
actions ordered by the Board regarding the fence had not been taken. She confirmed a
Notice of Hearing was issued by certified mail and received by the respondent on
March 7, 2016. She concluded the fence violation remained unchanged as of March
22, 2016; therefore, 21 days of non-compliance had passed from March 2, 2016, to
March 22, 2016. She submitted an invoice for additional case costs incurred in the
amount of $21.94.
She further recommended initiation of the Special Assessment
process.
-
Mr. Chalifoux stated he understood a separate case would be brought regarding
violations associated with the home itself.
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-
Ms. Perdomo responded that case would be presented at the Board's next meeting.
-
Mr. Poitras MOVED, Ms. Matthews SECONDED to find the respondent in violation of the
Board's Order, to impose a fine of $525, representing a fine of $25 per day for 21 days
of non-compliance and to require payment of total case costs incurred in the amount
of $48.05, the City to begin the Special Assessment process if all violations not
eliminated. MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
-
Meeting Adjourned: 10:03 a.m.
______________________________
Norman Ashworth, Chairman
_______________________________
Mary Kelly, Recording Secretary
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CODE E FORCEME T BOARD
CITY OF PU TA GORDA
4/27/2016
Print
ew Business*
Title:
Funds:
Recommended Action:
Summary:
Department/Division:
EXHIBITS:
1.
16-59287 827 Kings Ct
16-59287-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondent:
Marianne Lilly
Address of Violation:
827 Kings Ct
Violation of Chapter: 26, Section 8.11 (c), (e) Maintenance Vegetation
Violation of Chapter: 9, Section 9-2 (h) Dense Wild Overgrowth
CODE E FORCEME T BOARD
CITY OF PU TA GORDA
4/27/2016
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1.
16-59878 83 Hibiscus Dr
HEARI G IMPOSI G PE ALTY - REPEAT VIOLATIO
16-59878-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondent:
Alan L. Russo
Address of Violation:
83 Hibiscus Dr
Violation of Chapter: 9, Section 9-2 (d) Unlicensed Vehicle
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4/27/2016
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16-59820 7505 Paspalum
16-59820-CODE COMPLIA CE OFFICER-DAVID MCCARTY
Respondents:
Christiana Trust Trustee,
% Ocwen Loan Servicing, LLC
Address of Violation:
7505 Paspalum
Violation of Chapter: 26, Section 8.11 (c), (e), (f) Maintenance-Grass
& Landscape
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4/27/2016
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16-59952 318 Tamiami Trail
16-59952-CODE COMPLIA CE OFFICER-DAVID MCCARTY
Respondents:
The Bull & Tarpon O BS Foodies,
% Michelle L. Teears,
Moonloft, LLC
Address of Violation:
318 Tamiami Trail
Violation of Chapter: 26, Section 13.2 (a) Business Event Permit
Required
Violation of Chapter: 26, Section 13.2 (b) Business Promotion Permit
Required
Violation of Chapter: 26, Section 13.3 (a) Grand Opening Permit
Required
Violation of Chapter: 26, Section 11.2 (g) Sign Installed- o Permit
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16-59580-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondent:
George Hutchinson
Address of Violation:
5004 La Costa Island Ct
Violation of Chapter: 26, Section 8.11 (e) (1) Maintenance-Landscape
Funds:
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Summary:
Department/Division:
EXHIBITS:
1.
16-59580 5004 La Costa Island Ct
2.
16-59580 5004 La Costa Island Ct-Letter
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16-59781 500 Via Tripoli
16-59781-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondents:
Hector Canino,
% Punta Gorda Sr., Jr., Corp.
Address of Violation:
500 Via Tripoli
Violation of Chapter: 26, Section 3.13 (n) Garbage Containers
Violation of Chapter: 26, Section 8.11 (g) Maintenance-Outdoor
Storage
Violation of Chapter: 10, Section 10-8 Garbage Lids on Containers
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16-59873 329 W Virginia Ave
16-59873-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondents:
Holly A. Smith,
Susan Wells
Address of Violation:
329 W Virginia Ave
Violation of Chapter: 26, Section 8.11 (g) Outdoor Storage
Violation of Chapter: 9, Section 9-2 (a) Outdoor Storage
Violation of Chapter: 26, Section 8.11 (c) Maintenance-Yard
Vegetation
Violation of Chapter: 26, Section 8.11 (e) (1) Maintenance-Landscape
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16-60125 201 W Marion Ave
IRREVERSIBLE & IRREPARABLE - PE ALTY HEARI G
16-60125-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondents:
Leroy's Southern Kitchen & Bar,
Sunloft, LLC,
% CAM Realty of Southwest
Florida, Inc.
Address of Violation:
201 W Marion Ave
Violation of Chapter: 9, Section 9-2 (f), (g), (h), (j) Public uisances
Violation of Chapter: 9, Section 9-3 Causing or Maintaining Public
uisances
Violation of Chapter: 6A, Section 1.6 (a), (b) Prohibited Discharges
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4/27/2016
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16-59281 509 Gill St
16-59281-CODE COMPLIA CE OFFICE-MARICELA PERDOMO
Respondent:
Frances Joyce Lenz, Tr
Address of Violation:
509 Gill St
Violation of Chapter: 26, Section 8.11 (c), (e) Maintenance Vegetation
Violation of Chapter: 9, Section 9-2 (h) Wild Overgrowth
Violation of Chapter: 26, Section 8.11 (e) Maintenance - Landscape
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4/27/2016
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15-57580 1592 Aqui Esta Dr
HEARI G IMPOSI G PE ALTY
15-57580-CODE COMPLIA CE OFFICER-MARICELA
PERDOMO
Respondents:
Massimo & Andrea S. Bosco
Address of Violation:
1592 Aqui Esta Dr
Violation of Chapter: 26, Section 8.11 (a) Maintenance - Roof
Discolored
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CITY OF PU TA GORDA
4/27/2016
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16-59323 300 W Retta Esplanade
REQUEST FOR FI E REDUCTIO
16-59323-CODE COMPLIA CE OFFICE-MARICELA PERDOMO
Respondents:
Punta Gorda AA Hotel, LLC
% Amer Asmar,
f/k/a Punta Gorda Hotel, LLC
Address of Violation:
300 W Retta Esplanade
Violation of Chapter: 9, Section 9-2 (a) Outside Storage
Violation of Chapter: 26, Section 8.11 (g) Outdoor Storage
Violation of Chapter: 26, Section 8.14 (b) Structures and Uses
Limited in Yards
Violation of Chapter: 10, Section 10-4 Garbage Containers Required
Violation of Chapter: 10, Section 10-7 Garbage Cans Accessibility
Violation of Chapter: 10, Section 10-8 Garbage Lids on Containers
Violation of Chapter: 10, Section 10-10 (a), (e), (g) Unlawful Acts
Violation of Chapter: 9, Section 9-2 (g) Danger Blight Condition
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CITY OF PU TA GORDA
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10-39984 540 Gold Tree
REQUEST FOR FI E REDUCTIO
10-39984-CODE COMPLIA CE OFFICER-DAVID MCCARTY
Respondents:
Donato Boccio,
Vincent Boccio,
Connie Boccio,
Address of Violation:
540 Gold Tree
Violation of Chapter: 26, Section 3.13 (g) SRO - Parking Commercial
Vehicle
Violation of Chapter: 26, Section 3.13 (l) SRO - Storage of Watercraft
Violation of Chapter: 26, Section 3.13 (h) SRO - Parking Commercial
Vehicle