CODE ENFORCEMENT BOARD - ircgov.com · Zimmermann, to approve staff's recommendation. 1:34:58 ON...

CEB- Approved 1 May 19, 2008 F:\BCC\All Committees\CEB\2008 Minutes\CEB\05.19.08.doc

CODE ENFORCEMENT BOARD

A meeting of the Indian River County (IRC) Code Enforcement Board (the Board) was held in the Commission Chambers at the County Administration Building, 1801 27th Street, Building “A”, Vero Beach, Florida on Monday, May 19, 2008 at 1:30 p.m.

Present were Chairman Joe Petrulak, Subcontractor Appointee; John Owens, Engineer Appointee; Cliff Suthard, Member-at-Large Appointee; Karl Zimmermann, Realtor Appointee; Keith Hedin, Businessman Appointee and Dana Stetser, Architect Appointee.

Absent was Joe Garone, General Contractor Appointee.

Also in attendance was IRC staff: Roland DeBlois, Environmental and Code Enforcement Chief; Don Wixon, Code Enforcement Coordinator; Betty Davis, Debbie Clifford, Vanessa Carter Solomon and Rose Jefferson, Code Enforcement Officers. Others present: Attorney Suzanne Vitunac, Attorney for the Board and Reta Smith, Recording Secretary.

12:36:20 Call to Order

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

12:36:53 Approval of Minutes of April 28, 2008

ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Hedin, the Board voted unanimously (6-0) to approve the minutes of April 28, 2008 as presented.

12:37:18 Attorney’s Overview of Board Purpose and Procedures

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

12:40:44: Agenda Additions or Deletions, Consent Items

Mr. Don Wixon, IRC Code Enforcement Coordinator, reported the following cases had either complied, been rescheduled, or were recommended by staff for an


extension of time on the Consent Agenda: Cases #2008020058 and 2008030099 - 30 day extension until June 20, 2008. Cases #2008020083, #2007030091, #2006110064 and #2008040103 - 60 day extension until July 25, 2008. Cases #2008030145, #2008020076, #2008040138, #2008040131, #2008040038, #2008040046, #2008040094, #2008030100, #2008040025, #2008040027 and #2008040045 were rescheduled. Case #2007110010 was a duplicate on the agenda.

In compliance were Cases: #2008020133, #2008030139, #2008040066, #2008040142, #2008040101, #2008030164, #2008040153, #2008040155, #2008040160, #2008040143, #2008040023, #2008020074, #2007080100, #2007030014, #2007110041 and 2007100141.

Mr. Wixon requested the Board hear Case #2008050050, Stephen & Tilde Lee, at the beginning of today’s meeting in order for IRC staff to attend.

Chairman Petrulak advised if anyone present had heard their name or case number called for a Consent item and wanted their case to be heard, they should get with their Code Enforcement Officer and the Board would accommodate their request.

12:47:21 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Hedin, the Board voted unanimously (6-0) to accept the Consent Agenda with the revisions and recommendation.

12:47:44 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.

12:48:00 Case #2008050050 – Stephen & Tilde Lee

Mr. Roland DeBlois, IRC Environmental and Code Enforcement Chief, related this Evidentiary hearing involved removal of a specimen oak tree from a duplex property without a required tree removal permit. He reviewed Chapter 927 of the County’s tree ordinance and noted an exemption allowed the removal of one tree from the subject property without a permit because of proximity to the residence; however the second oak tree was not within 10 feet of the house and did not qualify for any exemption.


Mr. Andy Sobczak, IRC Environmental Planner, showed an aerial photograph of the two trees originally on the site. He stated normally the structure would be approved and then it would be reviewed whether or not a permit was needed for the tree, but the problem was trees had been removed before there was approval for the structure. Mr. Sobczak testified he had observed the remnants of the trees which looked considerably larger than 10 to 12 inches in diameter, and in his opinion they were both specimens.

Mr. DeBlois explained how a fine would be configured under the ordinance, and recommended a fine of $1,500.

The Respondent outlined what he felt were mitigating circumstances as detailed in a letter dated April 21, 2008 he had written to Mr. DeBlois, a copy of which is on file in the Commission Office. Mr. Kevin Brogan, an associate of the Respondent explained why he had advised him a permit was not necessary.

1:15:54 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Zimmermann for discussion to find a violation and assess the fine at $1,500.

Discussion followed about possible mitigation.

Attorney Vitunac suggested the Respondent be fined $1,500 with an opportunity to purge up to a maximum of $500 of the fine by planting a four inch diameter, same species tree within 60 days. Mr. Zimmermann suggested the County’s Environmental Planner should be involved in certifying the quality and size of the tree before it was planted so there would be no disagreement after-the-fact.

1:23:39 ON AMENDED MOTION BY Mr. Suthard, AMENDED SECOND BY Mr. Zimmermann, the Board voted unanimously (6-0) to fine the Respondent $1,500, with an opportunity to purge up to a maximum of $500 by planting a same-species, four inch diameter tree within 60 days, by July 25, 2008.

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

1:25:14 Case #2008020100 – Jonathan & William Carroll


Mr. Wixon related this Evidentiary hearing had to do with overgrown weeds and junk, trash and debris violations. Inspector Carter Solomon, IRC Code Enforcement Officer, submitted a photograph into evidence, which is on file in the Commission Office. She confirmed the overgrown weeds violation was in compliance, but she wanted a Continuing Order, and the remaining issue was an old shed that was not secured and had debris inside.

The Respondent testified he had recently changed the schedule to have the grass mowed on a bi-monthly basis. He stated the shed was permitted and in good condition and submitted his own photographs, which are on file in the Commission Office. He explained he had taken the door off the shed to keep children from being caught inside it.

Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, for the Respondent to either secure the shed so it was not an attractive nuisance or remove it from the property.

1:34:47 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Zimmermann, to approve staff's recommendation.

1:34:58 ON AMENDED MOTION BY Mr. Hedin, AMENDED SECOND BY Mr. Zimmermann, the Board voted unanimously (6-0) to approve staff’s recommendation and issue a Continuing Order for any future recurrence of overgrown weeds.


1:35:39 Case #2008030056 – Jorge Simon & Amarilis Pupo

Inspector Rose Jefferson, IRC Code Enforcement Officer, submitted a photograph into evidence, which is on file in the Commission Office. She related the junk, trash and debris had been cleaned up; however there was still a porch addition built without permits.

Mr. DeBlois recommended 60 days, until July 25, 2008, for the Respondent to obtain a permit and an additional 60 days, until September 19, 2008, to obtain final inspection.


1:41:10 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Owens, the Board voted unanimously (6-0) to approve staff's recommendation.


1:43:08 Case #2008020149 – Jamie Lynn Priest & Jason Votrobek

Inspector Vanessa Carter Solomon, IRC Code Enforcement Officer, submitted a photograph into evidence, which is on file in the Commission Office. She explained the Respondent had applied for a right-of-way permit and the IRC Engineering Department reviewed the application and denied it, but the work had already been done. Inspector Carter Solomon clarified the Respondent needed a 4.1 minimized stabilized slope and the area had to be sodded.

The Respondent, Mr. Jason Votrobek, said he thought there was no problem with the permit and had gone ahead and done the work. He explained he wanted more yard space and wondered if there was anything else he could do.

Lengthy discussion ensued.

Mr. DeBlois advised the Respondent he needed to get squared away with the IRC Engineering Department and recommended an extension of 30 days, until June 20, 2008, to either obtain a permit for modification or restore the swale.

Mr. Zimmermann felt the Board should allow the Respondent time to work his way through the situation and resolve it. He noted the Respondent had testified he was told he could move forward and did not need anything else.

1:59:56 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (6-1) to grant an extension of 30 days, until June 20, 2008, for the Respondent to find out what he needed to do; and an additional 60 days, until August 22, 2008, for compliance.



2:00:38 Case #2008030053 – Gregory & Denise Jiruska

Mr. Wixon summarized this Evidentiary hearing was for junk, trash and debris and junk vehicle violations. Inspector Jefferson submitted photographs into evidence, which are on file in the Commission Office and said she had received several complaints from the neighbors.

The Respondent stated he used the vehicle for hunting purposes and used a trailer to transport it, adding the vehicle was roadworthy but he could not install a windshield in it to obtain a tag.

Mr. DeBlois stressed staff’s position was the vehicle was not a traditional swamp buggy and in all respects it was a junk vehicle in the driveway.

Discussion followed.

Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, for compliance.

2:14:34 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Zimmermann, the Board voted unanimously (6-0) to approve staff's recommendation.


2:15:39 Case #2008030009 – Calman & Pamella Stewart

Inspector Jefferson submitted a photograph and an Affidavit of Service dated May 9, 2008 into evidence, which are on file in the Commission Office. She summarized she had received complaints about a junk vehicle.

The Respondent testified the car belonged to his son who was in the process of repairing it.

Mr. DeBlois recommended the Board grant an extension of 30 days, until June 20, 2008, for the Respondent to demonstrate the vehicle was roadworthy or remove it from the property.


2:18:05 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Hedin, the Board voted unanimously (6-0) to approve staff's recommendation.


2:18:35 Case #2008040007 – Eric & Mona Rollins

Mr. Wixon related this case involved overgrown weeds and junk, trash and debris violations. Inspector Carter Solomon submitted a photograph into evidence, which is on file in the Commission Office. She testified she was on the site today and it looked like the majority of the yard had been mowed but she was concerned about a pile of garbage containing rotting food, etc. on the side of the house. Inspector Solomon added the property was going through foreclosure, but there had not yet been a final judgment and the Respondents were still in possession of the home.

Respondent Mona Rollins maintained she was not in possession because the locks had been changed and the bank had locked her out, so she did not know if she could legally go onto the property.

Mr. DeBlois advised any fines would be assessed against the Respondents and the bank and he did not see any reason why the Respondent could not remove the garbage. He noted it was the type of garbage that would become a health/safety issue if it sat for any period of time and recommended the Board grant 48 hours for removal.

The Respondent stated she worked 40 hours a week and was the sole support of her family, and asked for a longer extension.

2:23:41 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (6-0) to find a violation and grant seven days, until May 26, 2008, for compliance.


Chairman Petrulak called a recess at 3:20 p.m. and the meeting reconvened


at 3:28 p.m. 2:24:07 Case #2008040088 – Blair Burns

Mr. Wixon related this Evidentiary hearing involved a junk vehicle and junk, trash and debris. Inspector Carter Solomon submitted a photograph into evidence, which is on file in the Commission Office and stated the two vehicles now had tags but there were a lot of car parts in the front yard

The Respondent advised this was a rental property and he would make sure his tenants came into compliance. Mr. Wixon recommended an extension of 30 days, until June 20, 2008, for compliance.



2:30:20 Case #2008050056 – Bert Ammons (Tr.)

Inspector Betty Davis, IRC Code Enforcement Officer, submitted photographs into evidence, which are on file in the Commission Office. She testified she had received complaints from neighbors about repeated boat storage and construction debris.

The Respondent related there was only one boat on the property and he had permits for construction on the site. He described what he was doing to improve the site, which he said was an ongoing project.

Mr. Wixon recommended an extension of 30 days, until June 20, 2008, to resolve the junk, trash and debris violation with a continuing Order for the boat and trailer violation

2:39:20 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Suthard, the Board voted unanimously (6-0) to approve staff's recommendation.



2:40:34 Case #2007060127 – Victor & Nilda Felipe

Mr. Wixon related this Compliance case had originally come to the Board on August 27, 2007, at which time the Board had granted 120 days for the Respondents to obtain an after-the-fact building permit for an accessory structure by November 23, 2007, and to complete all the work and get final inspections by December 21, 2007. He noted the Board had subsequently granted additional extensions.

Inspector Carter Solomon testified a permit had been issued in October, 2007 and in March, 2008 an inspection of the shed was called for; however the inspector advised numerous changes had been made to the plan, as outlined in a copy of his report on file in the Commission Office.

The Respondent reviewed the issues contained in a letter dated May 15, 2008 she had written to the Board, a copy of which is on file in the Commission Office.

Mr. Wixon recommended an extension of 90 days, until August 22, 2008, for the Respondents to complete the shed in accordance with the plans and obtain final inspection.

2:48:46 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Stetser, the Board voted unanimously (6-0) to approve staff's recommendation.

It is noted for the record the Respondents were present for this hearing.

LIEN RELEASE REQUESTS

2:49:42 Case #2002030047 – Wal-Mart Stores Inc.

Mr. DeBlois related this had to do with site plan noncomformance on the overall Wal-Mart and Sam’s Club property. He recapped at the Evidentiary hearing in May, 2002, three Sam’s Club representatives had been present, but the issues had not been resolved by the August, 2002 compliance date and the fine was imposed. Mr. DeBlois advised there was currently rebuilding going on at Sam’s Club and a new landscape plan had been done for the overall property.

Inspector Jefferson submitted photographs into evidence, which are on file in the Commission Office. She confirmed she had not received any calls requesting a


reinspection for compliance and there was still missing landscape on the site. Mr. DeBlois stated the fine amount was $209,500 for 2,095 days of noncompliance.

Attorney Susan Motley, representing the Respondent, said the existence of the lien was unknown to anyone currently at Wal-Mart and Sam’s Club and it was discovered because of the new construction and expansion of Sam’s Club. She submitted into evidence an invoice from Southern Sun Maintenance Division dated December 21, 2002, a copy of which is on file in the Commission Office. Attorney Motley noted the amount of the invoice was for $101,722 and maintained the Respondent was trying to comply but had not called for an inspection.

Attorney Motley related a new site plan for the expansion was approved on August 18, 2006, which included upgraded landscaping, but this would not be completed until the end of October, 2008.

Discussion followed about whether or not the site had ever come into compliance.

Mr. DeBlois recommended the Board conditionally set the fine at $10,000 contingent on the Respondent coming into full compliance with the revised landscape plan by the October 27, 2008 CEB meeting, and if compliance was not achieved the fine would revert to the original amount.

Discussion ensued.

3:14:14 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Owens, to approve staff’s recommendation.

Mr. Suthard said he had a problem at this time setting aside a $200,000+ fine for $10,000 and would like to make that decision in October, 2008. Chairman Petrulak agreed, noting the Board had never considered setting a fine for something that was not in compliance. Mr. Zimmermann wondered if it made sense to require the Respondent in the midst of construction to bring people in the updated part of the site and then come back again, especially when the whole site would probably be redesigned for irrigation. He thought it might be better to set the fine at $10,000 with the idea of reviewing it at the end of the construction. Mr. Hedin did not understand why staff was recommending a reduction of the fine when the Respondent admitted the property was never in compliance.

Attorney Motley said she understood the concerns and had no problem with


the Board waiting until its October, 2008 meeting for a determination and consideration at that time.

3:24:34 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Owens, the Board voted (3-3) to approve staff’s recommendation. Chairman Petrulak, Mr. Suthard and Mr. Hedin in opposition. The motion failed.

Attorney Vitunac advised the Board could take no action and the case could come back when the Respondent was in compliance.

Attorney Motley noted the original site plan was no longer an approved site plan and wanted clarification if the Board was asking the Respondent to comply with a site plan that was not the approved County site plan. She asked if the Board would be comfortable with directing her to have the Respondent come into compliance with the approved current site plan.

Mr. DeBlois confirmed staff would support compliance with the current approved site plan. Attorney Vitunac stated the Board would continue the hearing and the Respondent could apply for a reduction of the fine at a later date.

3:29:24 Case #1999120010 – Sam Evans

Mr. DeBlois recapped this had do with a sign violation and site plan nonconformance for a psychic reading business. He related the original Order Finding Violation was issued in March, 2000, with extensions being granted until September, 2000 for the Respondent to submit complete site plan application and if an application was submitted to obtain site plan approval for the business and complete all requirements in accordance with the plan, including obtaining sign permits for the unpermitted signs, or cease the business. At the November 27, 2000 Compliance hearing the Board found noncompliance and had entered an Order Imposing Fine with a start date of October 21, 2000. Mr. DeBlois acknowledged there was conflicting information as to whether the site plan had been approved and was pending final work to bring it into compliance; however there was no indication the final after-the-fact Certificate of Occupancy (CO) was issued for all the required improvements in accordance with the approved plan.

Inspector Kelly Zedek, IRC Code Enforcement Officer, testified she had spoken with Ms. Jeanne Bresett, IRC Traffic Analyst, to see if there were issues with the parking area and driveway access, but Ms. Bresett had not gotten back to her.


She added a sign permit had been issued in October, 2000, but in researching computer records she did not see any requests for CO inspections.

Mr. DeBlois related staff had difficulty finding a copy of the actual scanned approved site plan; however there were indications the site plan was approved with some remaining issues as of February 6, 2001. He noted using that date, there would be 108 days of noncompliance for a total fine of $10,800.

Attorney Jennifer Van Hughes, representing the Respondent, asked Inspector Zedek if she had any recollection of a February 6, 2001 inspection. Inspector Zedek said she did not recall the exact date, but around that time she had physically inspected the site and found some issues involving the landscaping and parking.

The Respondent testified on November 21, 2000 Inspector Zedek came out to the property and there were two palm trees in and he advised two oak trees would be delivered the following week. Inspector Zedek had told him to contact her when the oak trees had been planted and she would schedule an inspection. The Respondent stated he had called Inspector Zedek for an inspection and as far as he knew everything was taken care of and he was in compliance.

Mr. DeBlois stated the November 27, 2000 minutes indicated the Respondent was still missing a required handicapped sign and some landscaping, and if this was resolved it would have been after that date.

Attorney Van Hughes noted the Respondent had testified he was in compliance within a week of the November 21, 2000 visit by Inspector Zedek and there was some confusion as to whether or not a CO had been issued. She confirmed the Respondent had been operating his business in compliance since 2000, as evidenced by a 2002 sign permit that had been reissued. She asked for leniency from the Board in resolving this matter.

Mr. DeBlois recommended setting the fine at $2,000 to cover administrative costs, conditional of final inspection by IRC Traffic Engineering staff to find current compliance.

3:48:15 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Stetser, the Board voted (5-1) to approve staff’s recommendation. Mr. Suthard in opposition.



3:49:33 Case #2008020165 – Ronald Jason MacMillan (Tr.)

Inspector Jefferson reported she had not received service on this case.

3:49:52 Case #2008030141 – Donald Sangbush

Inspector Carter Solomon stated there was no service.

3:50:07 Case #2008010026 – George Blanton Jr.

Inspector Carter Solomon reported she had not received service.

3:50:20 Case #2008030068 – Bert & Geraldine Newton

Mr. Wixon related this Evidentiary hearing involved overgrown weeds and junk, trash and debris. Inspector Jefferson submitted a photograph into evidence, which is on file in the Commission Office.

Mr. DeBlois inquired if there was any food matter included among the junk, trash and debris, and Inspector Jefferson said she thought there was. Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, and if the case was not resolved during that time frame the Board could consider a public nuisance determination.

3:52:50 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Stetser, the Board voted (5-1) to approve staff’s recommendation. Mr. Hedin in opposition.

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

3:53:14 Case #2008020131 – William Nazco & Mirna Barranzo

Inspector Jefferson submitted a photograph and an Affidavit of Service dated May 9, 2008 into evidence, which are on file in the Commission Office, and testified the overgrown weeds were still on the site. Mr. DeBlois recommended 30 days, until June 20, 2008, for compliance.



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

3:54:04 Case #2008020057 – Leonard & Loreen Napier

Inspector Jefferson submitted a photograph and an Affidavit of Service dated May 9, 2008 into evidence, which are on file in the Commission Office, and testified the junk, trash and debris violation was not in compliance. Mr. DeBlois recommended the Board find a violation and grant an extension of 30 days, until June 20, 2008.

3:55:02 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (6-0) to approve staff's recommendation.


3:55:14 Case #2008010083 – Dale & Kathryn Curtis

Inspector Jefferson submitted photographs and an Affidavit of Service dated May 9, 2008 into evidence, which are on file in the Commission Office. She testified the boat/trailer storage violation was in compliance but there was still junk, trash and debris on the property. Mr. DeBlois recommended 30 days, until June 20, 2008, for compliance.



3:56:34 Case #2008030167 – Ethel Gordon

Inspector Carter Solomon related this was a swimming pool maintenance


violation; however it was not a health and safety hazard because the pool was secure. Mr. DeBlois recommended 30 days, until June 20, 2008, for compliance.

3:57:16 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Suthard, the Board voted unanimously (6-0) to approve staff's recommendation.


3:57:34 Case #2008040006 – William & Racheal Buchanan

Inspector Solomon testified the property was currently in compliance, but she wanted a Continuing Order as she had cited the Respondents several times in the last year.

3:57:54 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Hedin, the Board voted unanimously (6-0) to find current compliance and issue a Continuing Order in the event of recurrence of the violation for junk, trash and debris.


3:58:05 Case #2008040064 – John Kone

Inspector Carter Solomon reported there was no service on this case.

3:58:14 Case #2008040137 – Myriam Barreto

Inspector Carter Solomon related this case had to do with overgrown weeds in the rear yard. Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, for compliance.




3:58:56 Case #2008040141 – Larry Studstill & Shirley Bishop

Inspector Carter Solomon reported she had not received service on this case.

3:59:10 Case #2008040098 – Barris Reddie

Inspector Debbie Clifford, IRC Code Officer, stated she had no service.

3:59:20 Case #2008040150 – Vilma Comas

Inspector Jefferson said there was no service on this case.

3:59:35 Case #2008040128 – Miroslar Posavec

Inspector Jefferson stated this was an overgrown weeds violation and Mr. DeBlois recommended a 30 day extension, until June 20, 2008.



4:00:13 Case #2007100207 – Charles & Beverly Savoree

Inspector Zedek submitted an Affidavit of Service dated May 7, 2008, which is on file in the Commission Office. She recounted this was a case where the home was going into foreclosure and the owners had filed bankruptcy; however neither of the judgments had been finalized. Inspector Zedek noted the grass had been mown and the only issue remaining was a garage enclosed without permits. Mr. DeBlois recommended an extension of 90 days, until August 22, 2008, for the Respondents to obtain after-the-fact permits and come into compliance.

4:01:43 ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Suthard, the Board voted (5-1) to approve staff's recommendation. Mr. Hedin in opposition.



4:02:52 Case #2007120088 – Kenny Holmes

Inspector Zedek explained this case was turned over to her by the IRC Sheriff’s office for an illegal rooming house, and upon inspection she had found nine individual rooms. The Respondent had written a note promising there would be no more than four unrelated people in the house and he would keep it as a single-family residence; however Inspector Zedek wanted a Continuing Order in case of recurrence. She added there was still an untagged vehicle in the driveway and a garage had been enclosed without permits.

Mr. DeBlois stated because Inspector Zedek had not reinspected the property it was to be assumed a violation still existed. He recommended an extension of 30 days, until June 20, 2008, for the Respondent to comply with the cessation of rooming house use and the junk vehicle, and 90 days overall, until August 22, 2008, to resolve the unpermitted enclosure issue.



4:03:47 Case #2008040018 – Mark Curtis

Inspector Davis related this involved a child care business being operated out of a home and junk vehicles. Mr. DeBlois recommended 30 days, until June 20, 2008, for compliance.

4:04:36 ON MOTION BY Mr. Owens, SECONDED BY Mr. Suthard, the Board voted unanimously (6-0) to approve staff's recommendation.


4:04:42 Case #2008040033 – John A. Luke

Inspector Davis advised there was no service on this case.


4:04:54 Case #2008040068 – Jamie Lyn Rouse & Steven Cocchia

Inspector Davis outlined this had to do with junk, trash and debris on property she thought might be in foreclosure. Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, for compliance.



4:05:34 Case #2008040090 – Oswaldo Garcia

Inspector Davis advised this case involved a large accumulation of grass and yard debris in the right-of-way. Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, for compliance.

4:06:59 ON MOTION BY Mr. Hedin, SECONDED BY Mr. Stetser, the Board voted unanimously (6-0) to approve staff's recommendation.


4:06:11 Case #2008010013 – Ana Chavalo

Inspector Jefferson described this Compliance case involved overgrown weeds and junk, trash and debris and nothing had been done. Mr. DeBlois recommended the fine be imposed.




4:06:50 Case #2008020035 – David & Elinor Feriend

Inspector Jefferson reported she was at the site this morning and the overgrown weeds and junk, trash and debris were still on the property. Mr. DeBlois recommended the fine be imposed.



4:07:25 Case #2008020053 – Brian Rawinski & Cynthia Giannattasio

Inspector Jefferson said the overgrown weeds were still on the site. Mr. DeBlois recommended the fine be imposed.



4:07:59 Case #2008030055 – Vance & Vanessa Brinkerhoff

Inspector Jefferson submitted a photograph into evidence, which is on file in the Commission Office, and described junk, trash and debris on the site. Mr. DeBlois recommended an extension of 30 days, until June 20, 2008, for compliance.



4:09:11 Case #2007080055 – Leslie & Khalaf Majid


Inspector Davis recapped this involved a deteriorated sea wall and no building permit. Mr. DeBlois recommended the fine be imposed.



4:10:03 Case #2007110061 – Bryan Chesser

Inspector Clifford submitted photographs into evidence, which are on file in the Commission Office, and testified there was still junk, trash and debris and a commercial vehicle at the residence Mr. DeBlois recommended the fine be imposed.



4:11:23 Case #20007110044 – Christina Shwed (Wells Fargo Bank-Tr.)

Inspector Davis related this case had been brought to the Board back in November, 2007 with numerous extensions. She recapped she had been trying to contact Wells Fargo, but they had continued to send back the notices saying it was not their property even though their name was on the tax roll. Mr. DeBlois recommended the fine be imposed.


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


412:11 Authorization for Notices to Appear

ON MOTION BY Mr. Zimmermann, SECONDED BY Mr. Suthard, the Board voted unanimously (6-0) to approve Authorization for Notices to Appear for June, 2008.

There being no further business, the meeting was adjourned at 5:15 p.m.

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