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 Print Roll Call* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: No Exhibits Available Roll Call CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print ext Scheduled Meeting* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: No Exhibits Available May 25, 2016 CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print Approval of Minutes* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 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. -8- - 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 -9- 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 Print ew Business* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 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 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. 16-59820 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 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. 16-59952 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 CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print ew Business* Title: 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: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 16-59580 5004 La Costa Island Ct 2. 16-59580 5004 La Costa Island Ct-Letter 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. 16-59781 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 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. 16-59873 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 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. 16-60125 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 CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print Unfinished Business* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 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 CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print Unfinished Business* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 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 CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print Unfinished Business* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 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 CODE E FORCEME T BOARD CITY OF PU TA GORDA 4/27/2016 Print Unfinished Business* Title: Funds: Recommended Action: Summary: Department/Division: EXHIBITS: 1. 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