CITY OF MARATHON CODE COMPLIANCE DEPARTMENT

Transcription

1 CITY OF MARATHON CODE COMPLIANCE DEPARTMENT Overseas Highway, Phone: (305) Fax: (305) MINUTES Code Compliance Board Hearing Agenda May 10, 2006 Sheriff s Air Hangar Overseas Hwy. 2 nd Floor Chris Gratton, Temporary Chairman, called the meeting to order at 6:31 p.m., Wednesday, May 10, Selection of Chair Person and Co-chair: Glenn Robinson made the motion for Chris Gratton for Chairman. Chris Gratton made the motion for Glenn Robinson for Co-chair Kevin Woodland seconded the motion. The Pledge of Allegiance was performed. Board Members Present: Chris Gratton, Kevin Woodland, Ed Torella, Kay Gradick and Glenn Robinson. Also Present: Attorney Andrew Tobin, representative for Ralph Mutchnik; Attorney Steve Williams, representative for the Mitchell s; L.E. Shaffer, Reporter for Marathon Journal; C.J. Geotis, Deputy City Manager; Wendy Dyer, City Biologist; Larry Breedlove; Deputy Robin Tanner with Monroe County Sheriff s Office for the Breedlove case; Sergeant Susan Morgan with Monroe County Sheriff s Office security; Michael 1

2 Storm, Code Inspector; Cynthia J. McPherson, Code Inspector; Mark Alhadeff, City Attorney; Alex Palenzuela, Board Attorney; and Connie Faast, Recording Secretary. Approval of the January 11, 2006 Minutes. Kay Gradick made the motion to approve. Chris Gratton seconded. Witnesses sworn to testify by Chairman, Chris Gratton, were as follows: Larry Breedlove Deputy Robin Tanner Wendy Dyer Steve Williams Andrew Tobin Cynthia J. McPherson Michael Storm PUBLIC HEARING ON AFFIDAVIT OF NON-COMPLIANCE/CONTINUANCE Inspector Michael Storm 1. Biza Corp., Owner Case Number C Galway Bay Mobile Home Park P.O. Box 1407 And James A. Mitchell, Tenant 6560 Sandspur Lane Fort Myers, Florida And Katherine Mitchell, Tenant Cutlass Drive Fort Myers Beach, Florida Location of Violations: Galway Bay Mobile Home Park 1361 Overseas Highway #E16, Michael Storm, Inspector, stated the Hearing to be based solely on the Affidavit of Noncompliance for this case. He stated there to be three main requirements for this case to be in compliance; first, the Respondents have paid the Administrative Fee; second, they 2

3 have obtained a permit and demo d the addition; and third, they have not yet obtained a permit for the placement of the mobile home. As of this date the property is still not in compliance. Exhibit A Notice of Hearing on Affidavit of Non-Compliance, Affidavit of Non-Compliance, and Signed Return Receipt Cards Andrew Tobin, representative for Ralph Mutchnik, the property owner stated that normally it would be appropriate to request an extension of the compliance deadline when the Respondents are trying to comply in good faith. Progress is being made. The property owner is at the mercy of the tenants because if the tenant does not comply the owner gets fined. Steve Williams, representative for the Mitchell s also confirmed that the Mitchell s are in constant contact with the Building Official and have demo d the addition, and Mr. Williams explained the required process to install the mobile home takes awhile to complete and that it is in progress and they are working towards compliance. Counsel requested an extension for an additional 30 days. Chris Gratton made the motion to continue for 30 days or until the next meeting. PUBLIC HEARING ON NEW CASES Inspector Cynthia J. McPherson 2. Larry J. Breedlove, Owner C Grouper Drive Location of Violations: Vacant Lot Adjacent to Overseas Hwy., Marathon, Florida Inspector, Cynthia J. McPherson, presented the case. Ms. McPherson explained the events of having to issue two stop work orders because the first one was removed by the owner and placed on the City vehicle and the City staff was said to be trespassing and asked to leave. The City attorney advised to return and post the property with a sheriff, which was done. Mr. Breedlove was cited for removal of vegetation, illegally clearing land and the placement of fill. Exhibit A Property Records and Deed Exhibit B Code Sections 3

4 Exhibit C Notice of Violation, Notice of Hearing, and Return Receipt Card and Posting documents Exhibit D Pictures Exhibit E Copy of the Presentation Exhibit F from City Planner, Gail Kenson Exhibit G Mitigation Letter Exhibit H Copy of City Biologist, Wendy Dyer s presentation City Biologist, Wendy Dyer gave her presentation. Ms. Dyer stated total area cleared to be just over a quarter of an acre. The date on photos was incorrect due to battery removal from the camera and Ms. Dyer stated for the record, correct date of photos is March 21, Ms. Dyer stated although the property owner was not cited for Section , this section would not have allowed Mr. Breedlove to do the clearing on the scenic corridor. A Class F Buffer requires 75 to 100 feet of native buffer, therefore, he would not have been able to clear that area. According to Ms. Dyer, she had not received the signed green card for the mitigation letter, and Mr. Breedlove stated he had not received the mitigation letter. For the record, Mr. Breedlove was handed a copy of the mitigation letter by Alexander Palenzuela, attorney for the Board, at the Hearing. Ms. Dyer consulted with the City attorneys for the procedure to determine the number, size and types of trees due to property being cleared. The vegetation and trees were evaluated on the non cleared area adjacent to the area that was cleared, and that was how mitigation was determined. The mitigation plan for Areas A, B, C and D was reviewed. In addition, the property is contiguous to the Curry Hammock property which is considered High Quality Hammock, and the property would not have been able to be cleared. Mr. Breedlove, Gail Kenson, and Wendy Dyer had a meeting. Mr. Breedlove felt that he should be able to clear his land and that the City was unwilling to work with him. Ms. Dyer stated the City is limited on the native trees it is allowed to remove. Inspector McPherson recommends Mr. Breedlove be found guilty of the charges. Mr. Breedlove stated that there was not a mulcher there. Anything knocked down was still there. He asked for a continuance. He stated he did not have all of the information that he needed. Mr. Breedlove mentioned that he had applied for a permit to remove the trees in 2002, however, the permit was issued in error and was rescinded. Because he thought he had a permit and he never received anything in the mail regarding this, he had cleared 8 or 10 trees. He believes he went to Hearing for that in Inspector McPherson stated the previous case is irrelevant to this case. 4

5 Regarding the trespass on the property, there are exceptions to that, and due to the severe property damage, this would be one of them. In addition, you did not have to go onto the property to observe the violations, the violations could be seen in plain view. Glenn Robinson made the motion in violation of development of the property without a permit and be given 30 days to comply. Chris Gratton seconded. City Biologist, Wendy Dyer recommended Mr. Breedlove be given 60 days to come into compliance. Motion Amended: Glenn Robinson made the motion in violation of development of the property without a permit and be given 60 days to comply. Chris Gratton seconded. Inspector Michael Storm 3. Jesse C. Harris, Owner C nd Avenue Ocean Location of Violations: nd Avenue Ocean, Inspector, Michael Storm, stated the Respondent has requested a continuance. The property owner lives in North Carolina and has asked for an additional 60 days to come into compliance. Inspector Storm pointed out that this is one of the continued cases from last month. Chris Gratton made the motion for Continuance to be denied and to hear the case. Exhibit A Property Records and Deed Exhibit B Stop Work Order Exhibit C Code Sections Exhibit D Pictures Exhibit E Notices, Signed Return Receipt, Affidavit of Posting Exhibit F Copy of the Presentation Inspector Storm presented the case. An accessory structure was placed without a principle structure. It is a vacant parcel. 5

6 Corrective actions suggested by Inspector Storm are for the structure to be removed or obtain a demolition permit and remove. He recommends that the Board find him in violation and give him 60 days to comply. Chris Gratton made the motion that he is in violation and has 60 days to comply and remove the shed from the property. OLD BUSINESS Kevin Woodland inquired about the request at the last Board Hearing to view the LDR s. City Attorney, Mark Alhadeff said that the request was forwarded to the City, however, he has not heard back. It was suggested that they attend the public meetings. The Board stated that they would like a book with the new LDR s. Chris Gratton made the motion to adjourn. All seconded and adjourned. The meeting adjourned at 7:50 pm. 6