Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 4/27/2016 1:30 PM Minutes status: Final  
Meeting location: Old City Hall
Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Meeting video: eComment: Not available  
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16-9403 11 Code ViolationsCase # 16-194 Susan C Stone 1417 Albury Street Sec. 14-40 Permits in historic district Sec. 14-37 Building permits; professional plans; display of permit; address; exceptions Officer Bonnita Badgett Certified Service: 4-5-2016 Initial Hearing: 4-27-2016 In compliance June 15, 2016, request dismissal Count 1: A certificate of appropriateness is required for all exterior work. Count 2: Building permits are required for all exterior, interior and plumbing work.Continuance  Action details Video Video
16-9406 12 Code ViolationsCase # 16-282 Ronald R Johnson & Henry J Johnson Jr. (B/Q) 1404 Albury Street Sec. 10-11 Keeping fowl or wildlife Officer Bonnita Badgett Certified Service: 4-8-2016 Initial Hearing: 4-27-2016 In compliance April 26, 2016, request violation without fees Count 1: For the keeping and feeding chickens that are not penned. This is the fifth complaint that the city has received.Violation Fine  Action details Video Video
16-9152 13 Code ViolationsCase # 15-185 Grunts, Inc. Gregory Farrelly, Registered Agent Christopher & Cynthia Trevett 409 Caroline Street Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business. Officer Peg Corbett Certified Service: 2-23-2016 Initial Hearing: 3-30-2016 In compliance April 25, 2016, request dismissal Count 1: This business is licensed for take-out only. There are 40 seats requiring that the business be licensed as a restaurant.Dismissed  Action details Video Video
16-9155 14 Code ViolationsCase # 15-1327 Far Niente, LLC Jack Spottswood, Registered Agent 416 Elizabeth Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Officer Peg Corbett Certified Service: 2-18-2016 Initial Hearing: 3-30-2016 In compliance January 11, 2017, request dismissal Count 1: A fence in excess of 8' in height was built on the side and rear of the subject property without benefit of a building permit. Count 2: A fence in excess of 8' in height was built on the side and rear of the subject property without benefit of a certificate of appropriateness.   Action details Video Video
16-9155 14 Code ViolationsCase # 15-1327 Far Niente, LLC Jack Spottswood, Registered Agent 416 Elizabeth Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Officer Peg Corbett Certified Service: 2-18-2016 Initial Hearing: 3-30-2016 In compliance January 11, 2017, request dismissal Count 1: A fence in excess of 8' in height was built on the side and rear of the subject property without benefit of a building permit. Count 2: A fence in excess of 8' in height was built on the side and rear of the subject property without benefit of a certificate of appropriateness.Continuance  Action details Video Video
16-9398 15 Code ViolationsCase # 16-36 Mark & Lucy Mayer 528 Grinnell Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Sec. 26-126 Clearing of property of debris and noxious material required Officer Peg Corbett Certified Service: 3-11-2016 Initial Hearing: 4-27-2016 In compliance April 6, 2016, request dismissal Count 1: For failure to obtain a building permit for the shed. Count 2: For failure to obtain a certificate of appropriateness for the shed. Count 3: The property, on the left side, was filled with debris.Dismissed  Action details Video Video
16-9336 16 Code ViolationsCase # 16-227 Gwenuel & Cynthia Mingo 1 Baptist Lane Sec. 18-601(b) Transient license required - Count 1 and Counts 3 through 12 Sec. 122-1371(d)(9) Transient living accommodations - Count 2 and Counts 13 through 22 Officer Peg Corbett Certified Service: 3-11-2016 Hand Serve Amended Notice: 4-27-2016 Initial Hearing: 4-27-2016 Repeat Violation Count 1: The subject property was being held out/advertised on Airbnb.com for transient rental for the period of 16 May 2016 through 30 May 2016 for $211 per night without the required transient rental license. The subject property owner was previously cited and admitted to the violation and signed a Settlement Agreement. Count 2: The subject property was being held out/advertised on Airbnb.com for transient rental. Counts 3 through 12: (3) Rented transiently 15 Jan through 12 Feb 2015. (4) Rented transiently 16 Feb through 23 Feb 2015. (5) Rented transiently 2 July through 6 July 2015. (6) Rented transiently 22 July through 26 July. (7) Rented transiently 20 Oct through 3 Nov 2015. (8) Rented transiently 26 Dec 2015 through 2 JaViolation Fine  Action details Video Video
16-9416 17 Code ViolationsCase # 16-228 Donal Morris, Sr Donal Morris, Jr Gregory Morris 916 James Street Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulation Officer Peg Corbett Certified Service: 5-4-2016 - Accepted by Mr.Smith Initial Hearing: 4-27-2016 Settlement Agreement Count 1: This property is be held out/advertised for short term rental on Airbnb. On 4 march 2016 Mr. Morris was paid $498 for rental of this property for 8 April 2016 and 10 April 2016. There was a previous case 15-369 where Mr. Morris signed a Settlement Agreement. Count 2: This property is being held out/advertised for short term rental.Continuance  Action details Video Video
16-9411 18 Code ViolationsCase # 16-330 Peter G & Maria P Gomez - property owner Rebecca Peige - tenant 925 Seminary Street Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Officer Peg Corbett Certified Service: 4-6-2015 - property owner Certified Service: 4-5-2016 - tenant Initial Hearing: 4-27-2016 Repeat Violation Continued from April 27, 2016 Count 1: This property is be held out/advertised for short term rental on Airbnb. The tenant replied and agreed to the request for a ten day rental and would block the whole month. Ms. Peige was previously cited for the same violation and signed a Settlement Agreement. Count 2: Ms. Peige is renting short term without meeting the requirements of Sec. 122-1371 (c) 1 through 8.Continuance  Action details Video Video
16-9418 19 Code ViolationsCase # 16-395 Donal Morris Sr Donal Morris Jr Gregory Morris Flip Key Inc. 916 James Street Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Officer Peg Corbett Certified Service: 4-15-2016 - Flip Key Certified Service: 5-4-2016 - Accepted by Mr.Smith Initial Hearing: 4-27-2016 Settlement Agreement Count 1: The subject property is being held out/advertised on flipkey.com. Dates of 15 April 2016 through 21 April 2016 were held out for $1,305.00. There was a previous case 15-369 where Mr. Morris signed a Settlement Agreement. Count 2: The subject property is being held out/advertised without meeting the guidelines of this ordinance. There was a previous case 15-369 where Mr. Morris signed a Settlement Agreement.Continuance  Action details Video Video
16-9477 110 Code ViolationsCase # 16-293 Key West Botanical Garden Society Blask Construction 5100 College Road Sec. 110-467 FEMA and wildlife service endangered species requirements Sec. 90-356 Building permit required Officer Scott Fraser Certified Service: 3-21-2016 - Botanical Garden Certified Service: 3-21-2016 - Blask Construction Initial Hearing: 4-27-2016 New Case Count 1: Did construct or allow to be constructed a structure upon lands identified by the Federal Emergency Management Agency & U.S. Fish & Wildlife Service as potentially having endangered species habitat as delineated on the Species Focus Area Maps without of an assessment having been conducted, contrary to law. Count 2: Did construct or allow to be constructed a structure without benefit of a building permit having been issued, contrary to law.Violation Fine  Action details Video Video
14-6809 111 Code ViolationsCase # 13-1418 Carolyn Sprogell 907 Frances Street Sec. 14-37 Building permits, professional plans; display of permits Sec. 14-40 Permits in historic district Sec. 62-2 Obstructions Officer Leonardo Hernandez Certified Service: 10-5-2014 Initial Hearing: 11-14-2014 In compliance May 9, 2016, request dismissal Count 1: For building a eight foot fence without benefit of a permit. Count 2: For building a eight foot fence without benefit of HARC approval. Count 3: The fence is on the City's right of way.Continuance  Action details Video Video
15-8489 112 Code ViolationsCase # 15-828 Karen & Delmar Lewis - property owner 704 Caroline Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Officer Leonardo Hernandez Certified Service: 8-12-2015 - property owner Initial Hearing: 8-26-2015 In compliance April 19, 2016, request dismissal Count 1: For failure to obtain a building permit prior to the removal of a wooden deck. Count 2: For failure to obtain a certificate of appropriateness prior to the removal of a wooden deck.Dismissed  Action details Video Video
15-8474 113 Code ViolationsCase # 15-838 Thomas Mustakas 903 Frances Street Sec. 62.2 Obstructions Sec. 122-1078 Restrictions on buildings and structures; including entryways Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Officer Leonardo Hernandez Posted: 9-17-2015 Initial Hearing: 11-18-2015 In compliance April 7, 2016, request dismissal Count 1: For encroaching on the city right of way with a fence and foliage. Count 2: For failure to obtain an easement for the encroachments onto city right of way. Count 3: A business tax receipt is required to rent this property.Dismissed  Action details Video Video
16-8996 114 Code ViolationsCase # 15-1647 United States Corp Agents, Inc. Registered Agent for Instabike LLC Instabike LLC Sean Blaise - Business Owner City of Key West Bicycle Racks Sec. 106-56 Use of streets and sidewalks for advertising or display Officer Leonardo Hernandez Certified Service: 2-6-2016 - Registered Agent Posted: 2-1-2016 - Business Owner Initial Hearing: 2-24-2016 In Compliance April 20, 2016, request dismissal Count 1: For using the City of Key West bicycle racks to store and advertise the Instabike businessDismissed  Action details Video Video
16-9405 115 Code ViolationsCase # 16-259 Joan G & Jose S Condeelis 1305 South Street B Sec. 58-31 Container and receptacle requirements Officer Leonardo Hernandez Certified Service: 3-29-2016 Initial Hearing: 4-27-2016 In compliance 4-20-2016, request finding without fees Count 1: Bins are being left out on the city right of way on non-pickup days. This violation has been addressed on previous cases, 15-1514, and 16-54.Violation Fine  Action details Video Video
16-9401 116 Code ViolationsCase # 16-118 Reginald Leon Kuntti 1525 5th Street Sec. 26-126 Clearing of property of debris and noxious material Officer Beau Langford Certified Service: 3-15-2016 Initial Hearing: 4-27-2016 In compliance April 6, 2016, request dismissal Count 1: For failure to maintain the property, it is overgrown with weeds and is in minor disrepair.Dismissed  Action details Video Video
16-9397 117 Code ViolationsCase # 15-1132 Hok Yat Tong 2108 Harris Avenue Sec. 14-37 Building permits; professional plans; display of permit; address; exceptions Sec. 90-363 Certificate of occupancy - required Sec. 58-61 Determination and levy of charge Officer Jorge Lopez Certified Service: Initial Hearing: 4-27-2016 In compliance April 15, 2016, request dismissal Count 1: For failure to obtain building permits to divide this property into two units. Count 2: A certificate of occupancy is required for the second unit. Count 3: Fees have not been paid on the second unit.Dismissed  Action details Video Video
16-8999 118 Code ViolationsCase # 16-20 Janice Isherwood 523 Elizabeth Street Sec. 26-126 Clearing of property of debris and noxious material required Officer Jorge Lopez Hand Served: 2-7-2016 Initial Hearing: 2-24-2016 Continued from March 30, 2016 for compliance Count 1: For failure to maintain the property. It is littered with empty bags and cans of cat food, bulk waste and debris. There are a lot of flies due to the cat and chicken feces. Property was last cited on 7-22-2015.Violation Fine  Action details Video Video
16-9400 119 Code ViolationsCase # 16-105 Benjamin C Bruce - property owner Key West Dream Collection LLC Diana White Eagle - R/A 613 Simonton Street Sec. 106-56 Use of streets and sidewalks for advertising or display purposes Officer Jorge Lopez Certified Service: 3-28-2016 - property owner Certified Service: 3-26-2016 - R/A Initial Hearing: 4-27-2016 In compliance April 5, 2016, request dismissal Count 1: A bicycle, in front of the business on the street, was being used to advertise the businessDismissed  Action details Video Video
16-9402 120 Code ViolationsCase # 16-172 Clarfield, Okon, Salomone & Pincus Steven Clarfield - R/A 1213 Grinnell Street Sec. 26-126 Clearing of property of debris and noxious material required Officer Jorge Lopez Certified Service: 3-28-2016 Initial Hearing: 4-27-2016 In compliance April 3, 2016, request dismissal Count 1: The pool has brown water due to mechanical problems with the pool pump.Dismissed  Action details Video Video
16-9404 121 Code ViolationsCase # 16-224 Joseph & Tina Moody 1406 Olivia Street Sec. 74-131 Required where public sewer available Officer Jorge Lopez Certified Service: 3-17-2016 Initial Hearing: 4-27-2016 In compliance March 24, 2016, request dismissal Count 1: Sewer line is hooked up to the neighbors sewer lineDismissed  Action details Video Video
16-9407 122 Code ViolationsCase # 16-284 Eleanor & Nathan R Alexander 2509 Harris Avenue Sec. 66-102 Dates due and delinquent; penalties Officer Jorge Lopez Certified Service: 4-8-2016 Initial Hearing: 4-27-2016 In compliance April 1, 2016, request dismissal Count 1: The non-transient rental license is delinquentDismissed  Action details Video Video
16-9408 123 Code ViolationsCase # 16-298 Gregory Scorza 500 Duval Street Sec. 6-4 Permit regulations; prohibitions Officer Jorge Lopez Hand Served: 4-20-2016 Initial Hearing: 4-27-2016 New Case Count 1: On March 13, 2016 and on March 20, 2016, Mr. Scorza had 2 birds outside of the cage. Mr. Scorza was cited previously, case # 15-1511.Violation Fine  Action details Video Video
16-9409 124 Code ViolationsCase # 16-302 Dereck Berger 2333 Fogarty Avenue Sec. 62-2 Obstructions Officer Jorge Lopez Certified Service: Initial Hearing: 4-27-2016 In compliance April 14, 2015, request dismissal Count 1: A fence was built which closes off an alley which exceeds five feet beyond the property line.Dismissed  Action details Video Video
16-9410 125 Code ViolationsCase # 16-311 Instituto Patriotico Y Docente San Carlos Inc. Rafael Penalver - R/A Asta Parking Inc. Kash Patel - R/A Schroeder Builders, Inc. Joseph Schroeder - R/A 407 Appelrouth Lane Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 14-40 Permits in historic districts Sec. 14-37 Building permits, professional plans, display of permits; address; exceptions FBC Accessibility - 208.2 Minimum number of parking spaces at a ration of one per twenty-five Officer Jorge Lopez Certified Service: 4-1-2016 - Patel and Schroeder Certified Service: 4-4-2016 - Penalver Initial Hearing: 4-27-2016 Continued from April 27, 2016 Count 1: A business tax receipt is required for the parking lot. Count 2: A certificate of appropriateness is required for the two signs and the pre-pay parking kiosk prior to installation. Count 3: A building permit is required for the two signs and the pre-pay parking kiosk prior to installation. Count 4: The parking lot does not have the requisite amount of accessible parking spaces.Continuance  Action details Video Video
16-8828 126 Code ViolationsCase # 15-1688 Instabike, LLC c/o Sean Blaise, AMBR 425 Front Street Sec. 106-56 Use of streets and sidewalks Office Jim Young Certified Service: 1-19-2016 Initial Hearing: 1-27-2016 In Compliance 4-20-2016, request dismissal Count 1: For locking bikes to the city bike rack to advertise the Instabike business.Dismissed  Action details Video Video
16-8998 127 Code ViolationsCase # 15-1692 Overseas Radio, LLC Neil Willits, MGRM Guy De Boer - Registered Agent 405 Duval Street Sec. 106-56 Use of streets and sidewalks for advertising or display purposes Officer Jim Young Hand Served: 2-12-2016 Initial Hearing: 2-24-2016 Continued from March 30, 2016 for compliance Count 1: Konk Coupon does not meet the definition of a newspaper or periodical, therefore, the news racks are advertising signs (on 29 Dec 15 rack was advertising a concierge service under the name of Key West GoGo).Dismissed  Action details Video Video
16-9399 128 Code ViolationsCase # 16-44 Waterfront Brewery, LLC Joe Walsh 201 William Street Sec. 90-363 Certificate of occupancy - required Office Jim Young Certified Service: Initial Hearing: 4-27-2016 In compliance May 4, 2016, request dismissal Count 1: The temporary certificate of occupancy expired on 1 Jan 16 and has not be re-issued due to landscaping and irrigation being incomplete.Continuance  Action details Video Video
16-9365 129 HARC AppealsSMA 16-01 William Shepler - Architect 813 Waddell Properties, LLC Frederick J Maggio 813 Waddell Avenue To announce decisionContinuance  Action details Video Video