City of Palm Bay, Florida CODE ENFORCEMENT BOARD Regular Meeting No

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1 CODE ENFORCEMENT BOARD Regular Meeting No Held on the 13 th day of April, 2016 at City Hall Council Chambers, 120 Malabar Road SE, Palm Bay, Florida. This meeting was properly noticed pursuant to law and is on file in the Code Compliance Office, 120 Malabar Rd SE, Palm Bay, Florida. Chairperson Mr. Ritter called the meeting to order at approximately 1:08 PM. ROLL CALL: CHAIRPERSON: James Ritter Present VICE CHAIRPERSON: Diane White Excused Absent MEMBER: Jimmie Glover Present MEMBER: Victor Silva-Martinez Present MEMBER: Daniel Wall-De Sousa Present MEMBER: Alfred Agarie Present MEMBER: James Boothroyd Present STAFF: James D Stokes Present STAFF: Wendy Fisher Present SWEARING IN: 1. All respondents, complainants, and City staff required to testify were sworn in. NEW BUSINESS: 1. Election of Officers: The election was done for the new members in accordance to City Ordinance No Motion made by Mr. Glover, seconded by Mr. Silver-Martinez to nominate Mr. James Ritter as Chairperson for the year Motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Motion made by Mr. Ritter, seconded by Mr. Boothroyd to nominate Ms. Diane White as Vice Chairperson for the year Motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Gatell, aye; Mr. Silva-Martinez, aye; Mr.

2 Page 2 of 7 REPORTS: 1. Authorization to Impose Fines The City requested the Board find all respondents listed in the Authorization to Impose Fines Report in non-compliance for the period stated in the report. Inspections were performed on April 4, 2016, and the properties still remained in non-compliance. CEB # Clarence and Timothy Gibbs $ per day CEB # Chester Wendell $ per day CEB # Matthew T Galic $ per day CEB # Mary Patricia Krause $ per day Motion made by Mr. Glover, seconded by Mr. Wall-De Sousa to accept and approve the Authorization to Impose Fines Report, to find the respondents in non-compliance, and to authorize the fines as stated in the report excluding any cases that were heard individually before the Board and given additional time to come into compliance. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. HEARINGS: 1. CEB # CITY OF PALM BAY VS WMJ INVESTMENTS INC LOT 12, BLK 1991 CEB SECTY: This case involved a violation of City Code, Section(s) , Code of Ordinances of the City of Palm Bay for property located at Lot 12, Blk 1991, Subdivision 26, Township 29, Range 37, Section 03, Brevard County, Florida. CODE ENFORCEMENT OFFICER; VALERIE CARTER: The City stated that there is a violation of the City Ordinance at 503 Martin Rd SE for tree removal without the required permit to wit: land cleared without required permit. Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Glover, seconded by Mr. Silva-Martinez, to find the respondent in violation based on the findings of fact, Section(s) The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall-De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Glover, seconded by Mr. Silva-Martinez to set a compliance date to August 11, 2016 or that a fine of $ be imposed for each and every day the violations continued. Silva-Martinez, aye; Mr.

3 Page 3 of 7 2. CEB # CITY OF PALM BAY VS PALM BAY SHOPPING PLAZA LLC BLK 1 CEB SECTY: This case involved a violation of City Code, Chapter 201, Section(s) 240, Code of Ordinances of the City of Palm Bay for property located at Blk 1, Subdivision 00, Township 29, Range 36 Section 01, Brevard County, Florida. CODE ENFORCEMENT OFFICER; SABRINA PERKINS: The City stated that there is a violation of the City Ordinance at 160 Malabar Rd SW for City s Sewer Use ordinance to wit: Michelangelo s Restaurant. The Statement of Violation, Notice of Hearing, Addendum A, and certified returned receipts of the violation were submitted to the Board as evidence. Motion made by Silva-Martinez, seconded by Mr. Glover to set a compliance date to June 12, 2016 or that a fine of $ be imposed for each and every day the violations continued. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva- Martinez, aye; Mr. 3. CEB # CITY OF PALM BAY VS KEN MARRIN AND YUN MIAO LOT 20, BLK 600 CEB SECTY: This case involved a violation of City Code, Section(s) (B), Code of Ordinances of the City of Palm Bay for property located at Lot 20, Blk 600, Subdivision EX, Township 28, Range 36, Section 36, Brevard County, Florida. CODE ENFORCEMENT OFFICER; ARLENE RECKARD: The City stated that there is a violation of the City Ordinance at 200 MARDI GRAS AVE NW for parking a commercial vehicle in a residential area to wit semi-truck. The Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Glover, seconded by Mr. Silva-Martinez, to find the respondent in violation based on the findings of fact, Section(s) (B). The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall-De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Glover, seconded by Mr. Silva-Martinez to set a compliance date to April 22, 2016 or that a fine of $ be imposed for each and every day the violations continued. Silva-Martinez, aye; Mr. 4. CEB # CITY OF PALM BAY VS US BANK NA TRUSTEE LOT 15, BLK 275 CEB SECTY: This case involved a violation of City Code, Section(s) (A) and 93.03, Code of Ordinances of the City of Palm Bay for property located at Lot 15, Blk 275, Subdivision FS, Township 28, Range 37, Section 32, Brevard County, Florida. CODE ENFORCEMENT OFFICER; ARLENE RECKARD: The City stated that there is a violation of the City Ordinance at 137 Esterbrook Ave NE for failure to maintain fence in original upright condition and for accumulation of trash and debris and or unsightly matter that

4 Page 4 of 7 constitutes a public nuisance and a serious threat to public welfare. The Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Glover, seconded by Mr. Silva-Martinez, to find the respondent in violation based on the findings of fact, Section(s) (A) and The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall- De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Glover, seconded by Mr. Silva-Martinez to set a compliance date to May 13, 2016 or that a fine of $ be imposed for each and every day the violations continued. Silva-Martinez, aye; Mr. 5. CEB # CITY OF PALM BAY VS HUNG M NGUYEN LOT 21, BLK 1758 CEB SECTY: This case involved a violation of City Code, Section(s) (A), Code of Ordinances of the City of Palm Bay for property located at Lot 21, Blk 1758, Subdivision KL, Township 29, Range 36, Section 11, Brevard County, Florida. CODE ENFORCEMENT OFFICER; KEVIN MERCIER: The City stated that there is a violation of the City Ordinance at 736 Hawkins Ave SW for building or structure erected, moved, added to or altered without required permit to wit: two sheds on vacant property no permit. The Posted Statement of Violation, Notice of Hearing, Affidavit of Posted Notice and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Wall-De Sousa, seconded by Mr. Glover, to find the respondent in violation based on the findings of fact, Section(s) (A). The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall-De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Wall-De Sousa, seconded by Mr. Glover to set a compliance date to May 13, 2016 or that a fine of $75.00 be imposed for each and every day the violations continued. Silva-Martinez, aye; Mr. 6. CEB # CITY OF PALM BAY VS MING-CHING TSENG LOT 27, BLK 1881 CEB SECTY: This case involved a violation of City Code, Section(s) (C) and 93.03, Code of Ordinances of the City of Palm Bay for property located at Lot 27, Blk 1881, Subdivision 01, Township 28, Range 36, Section 33, Brevard County, Florida. CODE ENFORCEMENT OFFICER; ARLENE RECKARD: The City stated that there is a violation of the City Ordinance at 1768 Rangoon Rd NW for recreational vehicle parked forward of front and side corner building line to wit: boat and for tall grass and weeds or undergrowth is not allowed to grow to a height of more than twelve inches (12 ) that constitutes a public nuisance and a serious threat to public welfare. The Statement of Violation, Notice of Hearing,

5 Page 5 of 7 certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Ritter, seconded by Mr. Glover, to find the respondent in violation based on the findings of fact, Section(s) (C) and The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall-De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Ritter, seconded by Mr. Glover to set a compliance date to April 28, 2016 or that a fine of $50.00 be imposed for each and every day the violations continued. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. 7. CEB # CITY OF PALM BAY VS YARRON JOHN BENMOSHE LOT 15, BLK 1705 CEB SECTY: This case involved a violation of City Code, Section(s) 93.03, Code of Ordinances of the City of Palm Bay for property located at Lot 15, Blk 1705, Subdivision KL, Township 29, Range 36, Section 03, Brevard County, Florida. CODE ENFORCEMENT OFFICER; KEVIN MERCIER: The City stated that there is a violation of the City Ordinance at 1319 Sapulpa Rd SW for accumulation of trash and debris and/or unsightly matter that constitutes a public nuisance and a serious threat to public welfare to wit: trash front and side of house and fence in need of repair. The Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Ritter, seconded by Mr. Glover, to find the respondent in violation based on the findings of fact, Section(s) The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall-De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Ritter, seconded by Mr. Glover to set a compliance date to April 28, 2016 or that a fine of $50.00 be imposed for each and every day the violations continued. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. 8. CEB # CITY OF PALM BAY VS BARRY H COHEN LOT 6, BLK A CEB SECTY: This case involved a violation of City Code, Section(s) 73.21(B) and 93.03, Code of Ordinances of the City of Palm Bay for property located at Lot 6, Blk A, Subdivision 01, Township 28, Range 37, Section 26, Brevard County, Florida. CODE ENFORCEMENT OFFICER; VALERIE CARTER: The City stated that there is a violation of the City Ordinance at 1166 Delmar Ter NE for storage of junk or discarded vehicle(s) - to wit: several junk vehicles on property, for tall grass and weeds or undergrowth is not allowed to grow to a height of twelve inches (12 ) that constitutes a public nuisance and a serious threat to public welfare and for accumulation of trash and debris and/or unsightly matter that

6 Page 6 of 7 constitutes a public nuisance and a serious threat to public welfare to wit: trash in front and side of house. The Statement of Violation, Notice of Hearing, certified return receipt and photographs of the violation were submitted to the Board as evidence. Motion made by Mr. Boothroyd, seconded by Mr. Glover, to find the respondent in violation based on the findings of fact, Section(s) 73.21(B) and The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall- De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. Motion made by Mr. Boothroyd, seconded by Mr. Glover to set a compliance date to May 13, 2016 or that a fine of $ be imposed for each and every day the violations continued. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva- Martinez, aye; Mr. The City submitted all exhibits and affidavits into evidence in the following cases and requested that the find the respondents/properties in violation of the violations not in compliance and that the Code Board set a reasonable time for compliance and a fine per day to be imposed if the respondents fail to come into compliance by the time set. CEB # CEB # CEB # CEB # CEB # Gelaso St SW 798 Scotia Ave SW 540 Fondulac St SW 2876 Hickory Ave NE 368 Nogales Ave NE Motion made by Ms. Ritter, seconded by Mr. Glover to find the cases listed by the Board Secretary in violation based on the findings of fact entered into evidence. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Motion made by Mr. Ritter, seconded by Mr. Glover to give the respondents in these cases a compliance date to April 28, 2016 or that a fine of $50.00 be imposed for every case for each and every day the violations continue. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Wall-De Sousa, aye; Mr. Agarie, aye; Mr. Boothroyd, aye. The City submitted all exhibits and affidavits into evidence in the following cases and requested that the find the respondents/properties in violation of the violations not in compliance and that the Code Board set a reasonable time for compliance and a fine per day to be imposed if the respondents fail to come into compliance by the time set. The City also requests the Code Board authorize the City to take all reasonable actions to bring the property into compliance and charge the property owner with the reasonable cost of the actions along with the fine imposed if not in compliance by the set time. CEB # CEB # CEB # CEB # CEB # Abalone Rd NW 1162 Nordic St NW 321 Emerson Dr NW 1069 Waco Blvd SE 730 Geoffrey Ave SW

7 Page 7 of 7 CEB # CEB # CEB # CEB # Garbelmann St SW 577 Garblemann St SW 3081 Tropical Cir SE 2578 Amberly Rd NE Motion made by Mr. Ritter, seconded by Mr. Glover to find the cases listed by the Board Secretary in violation based on the findings of fact entered into evidence. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. Motion made by Mr. Ritter, seconded by Mr. Glover to give the respondents in these cases a compliance date to April 28, 2016 or that a fine of $50.00 be imposed for every case for each and every day the violations continue; and authorize the City to correct the violation at the expense of the property owner if not complied within the date given and charge the property owner with the reasonable cost of the actions along with the fine imposed. The motion carried with the members voting as follows: Mr. Ritter, aye; Mr. Glover, aye; Mr. Silva-Martinez, aye; Mr. The following CEB case(s) were withdrawn due to voluntary compliance: CEB# CEB# CEB# CEB# CEB# Medea Ave NW 433 Brookedge St NE 120 Andalusia Ave NW 620 Seaport Ter SE 2510 Keylime St NE The following CEB case(s) was withdrawn by the City: CEB# Calmar St NW ADJOURNMENT: The meeting adjourned at approximately 1:48 PM. ATTEST: James Ritter, Chairperson Bernadette Joseph, Board Secretary