Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 5/28/2014 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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12-3286 11 Code ViolationsCase # 12-836 SHS Investment of South Florida Inc. Si Stern Robert M Weinberger, Registered Agent 820 White Street Sec. 14-40 Permits in historic district Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 90-363 Certificate of occupancy - required Officer Bonnita Badgett Certified Service: 8-31-2012 - Owner 9-13-2012 - Registered Agent Initial Hearing: 9-26-2012 In compliance June 14, 2014, request dismissal Count 1: Placed low voltage cameras outside without HARC approval. In compliance. Count 2: A business tax receipt is required for all 32 rooms. Only licensed for 19 guestrooms and 1 transient rental. Count 3: A certificate of occupancy is required for the extra12 rooms.Continuance  Action details Not available
14-5899 12 Code ViolationsCase # 13-1087 Javier & Sherry Castano - property owner Jojo Mahamed Jimel III - tenant 1221 2nd Street Sec. 58-2 Authority of franchisees o provide service Officer Bonnita Badgett Certified Service: 4-17-2014 - property owner Certified Service: 4-14-2014 - tenant Initial Hearing: 5-28-2014 In compliance May 21, 2014, request dismissal Count 1: For operating a scrap metal business which he can not obtain a license for.Dismissed  Action details Not available
14-5902 13 Code ViolationsCase # 14-410 Timothy William Randall Dunn Christopher Bautista R/S 906 Truman Avenue 1 Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic district Officer Bonnita Badgett Certified Service: Initial Hearing: 5-28-2014 In compliance July 3, 2014, request dismissal Count 1: For replacing rotten siding and wood around windows and doors without benefit of a building permit. Count 2: For replacing rotten siding and wood around windows and doors without benefit of a certificate of appropriateness.Continuance  Action details Not available
14-5900 14 Code ViolationsCase # 14-432 Gary R & Diane M Onderdonk Scott & Jennifer Shaffer T/C 2408 Flagler Avenue Sec. 14-37 Building permits; professional plans; display of permits Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 58-61 Determination and levy of charge Sec. 90-363 Certificate of occupancy - required Officer Bonnita Badgett Certified Service: 5-1-2014 Initial Hearing: 5-28-2014 In compliance August 20, 2014, request dismissal Count 1: For building a fence and cinder block to to make a storage area for the mother-in-law unit without benefit of a building permit. Count 2: For renting the mother-in-law unit and the house without benefit of a business tax receipt. Count 3: The city only recognizes one (1) single family residence. Count 4: A certificate of occupancy is required for the second unit.Continuance  Action details Not available
14-5901 15 Code ViolationsCase # 14-715 Lee R & Lynda J Hanke 906 Truman Avenue 2 Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic district Officer Bonnita Badgett Certified Service: 5-9-2014 Initial Hearing: 5-28-2014 In compliance July 3, 2014, request dismissal Count 1: For replacing rotten siding and wood around windows and door without benefit of a building permit. Count 2: For replacing rotten siding, wood around windows and doors and painting without benefit of a certificate of appropriateness.Continuance  Action details Not available
14-5903 16 Code ViolationsCase # 14-717 Joseph A Jr & Amy Vanore 906 Truman Avenue 3 Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic district Officer Bonnita Badgett Certified Service: 5-10-2014 Initial Hearing: 5-28-2014 In compliance July 3, 2014, request dismissal Count 1: For replacing rotten siding and wood around doors and windows without benefit of a building permit. Count 2: For replacing rotten siding, wood around doors and windows and painting without benefit of a certificate of appropriateness.Continuance  Action details Not available
13-4943 17 Code ViolationsCase # 12-972 Cecil Wilson Bain Marcelyn R Cox 326 Truman Avenue Sec. 90-363 Certificate of occupancy - required Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Officer Peg Corbett Certified Service: 10-18-2013 Initial Hearing: 10-30-2013 In compliance June 26, 2014, request dismissal Count 1: A certificate of occupancy was not obtained for the stand-alone building on the Julia Street side which has two rental units. Count 2: A business tax receipt is required for the two rental units.Continuance  Action details Not available
14-5296 18 Code ViolationsCase # 13-1417 Dasha Renee Ray 1215 Mac Millan Drive Sec. 62.2 Obstructions - Dismiss Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-261 Failure to obtain electrical permit Sec. 90-363 Certificate of occupancy - Required - Dismiss Sec. 58-61 Determination and levy of charge - Dismiss Sec. 74-206 Owner's responsibility for payment Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business - Dismiss Officer Peg Corbett Certified Service: 1-7-2014 Initial Hearing: 1-29-2014 In compliance October 28, 2014, request dismissal Count 1: A scooter was blocking the city sidewalk. Count 2: The property owner was issued a permit to "enclose empty space at rear for laundry and infill of a carport under existing roof for storage only: in October 2001. The area is currently occupied by a tenant. No permits for the renovation for the second kitchen or the second bathroom. Count 3: The property owner did not apply for or obtain an electrical permit for the second kitchen. Count 4: The property owner has a second unContinuance  Action details Not available
14-5297 19 Code ViolationsCase # 13-1512 Five Guys Burgers & Fries Corporation Service Company, R/A E. Miles Prentice, Mgr. 500 Truman Avenue 1 Sec. 114-103 Prohibited signs - dismiss Sec. 114-104 Restriction on the number of signs permitted Officer Peg Corbett Certified Service: 1-16-2014 Certified Service: 2-7-2014 - revised notice Initial Hearing: 1-29-2014 In compliance, request dismissal Count 1: The subject business has an interior illuminated sign and five paper signs/banners attached to the windows facing both Duval and Truman contrary to city ordinance. Count 2: The subject business has six signsContinuance  Action details Not available
14-5297 19 Code ViolationsCase # 13-1512 Five Guys Burgers & Fries Corporation Service Company, R/A E. Miles Prentice, Mgr. 500 Truman Avenue 1 Sec. 114-103 Prohibited signs - dismiss Sec. 114-104 Restriction on the number of signs permitted Officer Peg Corbett Certified Service: 1-16-2014 Certified Service: 2-7-2014 - revised notice Initial Hearing: 1-29-2014 In compliance, request dismissal Count 1: The subject business has an interior illuminated sign and five paper signs/banners attached to the windows facing both Duval and Truman contrary to city ordinance. Count 2: The subject business has six signs   Action details Not available
14-5755 110 Code ViolationsCase # 14-309 Norma Jean Peacock Sonzogni Nancy Fay Peacock Ruiz T/C 825 Southard Street Rear Sec. 14-40 Permits in historic district Sec. 14-37 Building permits; professional plans; display of permits Officer Peg Corbett Certified Service: 3-10-2014 Initial Hearing: 4-23-2014 In compliance September 8, 2014, request dismissal Count 1: For failure to obtain a certificate of appropriateness for the deck and pavers. Count 2: For failure to obtain a building permit for the deck and pavers.Continuance  Action details Not available
14-5757 111 Code ViolationsCase # 14-388 Peter Legrady Peppers of Key West 500 Truman Avenue 6 Sec. 114-103 Prohibited signs Sec. 114-104 Restriction on number of signs permitted Officer Peg Corbett Certified Service: 3-15-2014 Initial Hearing: 4-23-2015 In compliance. Administrative fees have not been paid. Count 1: On February 21, 2014, during a site visit, there were two neon signs and five paper signs hanging inside the window of the subject business. Count 2: On the same site visit, ten signs were counted, four directory, two awning, two logo signs and two separate sets of stenciling on the outside of the windows which were installed without benefit of a certificate of appropriateness.Continuance  Action details Not available
14-5913 112 Code ViolationsCase # 14-682 Erasmo Baez Pacheco - tenant Key West Housing Authority 114 Geraldine Street D Sec. 58-31 Container and receptacle requirements Officer Peg Corbett Certified Service: 4-19-2014 - tenant Certified Service: 4-14-2014 - property owner Initial Hearing: 5-28-2014 In compliance May 14, 2014, request dismissal Count 1: On Wednesday, 4-9-2014, trash receptacles were on the right of way. Trash pickup is on Tuesdays.Dismissed  Action details Not available
14-5914 113 Code ViolationsCase # 14-687 William Edward Matthews - tenant Key West Housing Authority - property owner 114 Geraldine Street B Sec. 58-31 Container and receptacle requirements Officer Peg Corbett Certified Service: 4-15-2014 - tenant Certified Service: 4-15-2014 - property owner Initial Hearing: 5-28-2014 In compliance May 14, 2014, request dismissal Count 1: On Wednesday, April 9, 2014, the trash receptacles were on the city right of way. Trash pickup is on Tuesdays.Dismissed  Action details Not available
14-5915 114 Code ViolationsCase # 14-688 JX Williams II - tenant Key West Housing Authority - property owner 114 Geraldine Street C Sec. 58-31 Container and receptacle requirements Officer Peg Corbett Certified Service: 4-15-2014 - tenant Certified Service: 4-15-2014 - property owner Initial Hearing: 5-28-2014 In compliance May 14, 2014, request dismissal Count 1: On Wednesday, April 9, 2014, trash receptacles were on the city right of way. Trash pickup is on Tuesdays.Dismissed  Action details Not available
14-5747 115 Code ViolationsCase # 14-259 Yebo Island Grille, LLC Joel Dos Santos Paul Mills, SC P.A. Registered Agent 629 Duval Street Sec. 108-91 Scope; major and minor developments Sec. 114-103 Prohibited signs Officer Leonardo Hernandez Certified Service: 3-29-2014 Initial Hearing: 4-23-2014 In compliance July 8, 2014, request dismissal Count 1: The food trailer was opened without HARC approval, in violation of major and minor development plans within the historic district. Count 2: Portable signs are prohibited in the historic district.Continuance  Action details Not available
14-5747 115 Code ViolationsCase # 14-259 Yebo Island Grille, LLC Joel Dos Santos Paul Mills, SC P.A. Registered Agent 629 Duval Street Sec. 108-91 Scope; major and minor developments Sec. 114-103 Prohibited signs Officer Leonardo Hernandez Certified Service: 3-29-2014 Initial Hearing: 4-23-2014 In compliance July 8, 2014, request dismissal Count 1: The food trailer was opened without HARC approval, in violation of major and minor development plans within the historic district. Count 2: Portable signs are prohibited in the historic district.   Action details Not available
14-5747 115 Code ViolationsCase # 14-259 Yebo Island Grille, LLC Joel Dos Santos Paul Mills, SC P.A. Registered Agent 629 Duval Street Sec. 108-91 Scope; major and minor developments Sec. 114-103 Prohibited signs Officer Leonardo Hernandez Certified Service: 3-29-2014 Initial Hearing: 4-23-2014 In compliance July 8, 2014, request dismissal Count 1: The food trailer was opened without HARC approval, in violation of major and minor development plans within the historic district. Count 2: Portable signs are prohibited in the historic district.   Action details Not available
14-5748 116 Code ViolationsCase # 14-260 Linda Wheeler 1213 White Street Sec. 108-452 Required sight distances for landscaping adjacent to public rights-of-way and point of access Sec. 122-1406 Obstructions to visibility Officer Leonardo Hernandez Certified Service: 3-25-2014 Initial Hearing: 4-23-2014 Continued from July 2, 2014 for ruling Count 1: The hedges at the corner of White and Duncan exceed the height and length for clear visibility. Count 2: The hedges at the corner of White and Duncan obstructs traffic and traffic visibility.Continuance  Action details Not available
14-5905 117 Code ViolationsCase # 14-477 Bank of New York Mellon c/o SHD Legal Group, P.A. 1429 Johnson Street Sec. 26-126 Clearing of property of debris and noxious material required Officer Leonardo Hernandez Certified Service: 6-2-2014 Initial Hearing: 5-28-2014 Continued from May 28, 2014 Count 1: Property needs to be cleared of yard waste and debris which is causing a nuisance and a fire hazard.Continuance  Action details Not available
14-5904 118 Code ViolationsCase # 14-659 Crystal Clear Pools Charles & Melina Witch 3116 Riviera Drive Sec. 18-150 Certificate of competency required Officer Leonardo Hernandez Certified Service: 4-12-2014 Initial Hearing: 5-28-2014 In compliance as of June 6, 2014, request dismissal Count 1: Crystal Clear Pools does not have a license/certificate of competency to do pool work in the City of Key West. Crystal Clear Pools gave pool work estimates and billed Bobby Builders Construction for work done.Continuance  Action details Not available
14-5749 119 Code ViolationsCase # 13-1524 Mama's Rock and Sand Inc. Michael Biskupick William H & Holly A Fehr - New Owner 1405 Petronia Street Sec. 14-40 Permits in historic district Sec. 14-37 Building permits; professional plans; display of permits Officer Barbara Meizis Certified Service: 4-4-2014 - Mama's Rock and Sand Certified Service: - Owner Initial Hearing: 4-23-2014 Request dismissal without prejudice Count 1: For exceeding the scope of the certificate of appropriateness by installing brick pavers on the city right of way. Count 2: For exceeding the scope of the building permit by installing brick pavers on the city right of way.Continuance  Action details Not available
14-5538 120 Code ViolationsCase # 14-193 David Austin 820 Ashe Street Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic districts Sec. 14-262 Request for inspection Officer Barbara Meizis POSTED: 3-14-2014 Initial Hearing: 3-19-2014 In compliance May 13, 2014, request dismissal Count 1: Building permits required for "walkway" fence and new wood decking. Count 2: Permits in historic district are required for "walkway" fence and new wood decking. Count 3: An approved electrical inspection is required for pool permit #04-3894 and an approved final pool inspection is required.Dismissed  Action details Not available
14-5759 121 Code ViolationsCase # 14-353 Paige Crump Tyler Talmadge 5555 College Road Snapper Pier Unit 17 Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Sec. 122-419 Prohibited uses General Commercial district (CG) Officer Barbara Meizis Posted: 4-29-2014 Initial Hearing: 5-28-2014 Continued from July 2, 2014 - Settlement Agreement Repeat Violation from case # 10-874 Count 1: On December 27, 2013, February 18, 2014, March 5, 2014 and March 26, 2014 you advertised your houseboat for rent for $240/nightly, $1,680/weekly or $7,200/monthly. Count 2: On December 27, 2013, February 18, 2014, March 5, 2014 and March 26, 2014 you held out/advertised your houseboat for rent for $240/nightly, $1,680/weekly or $7,200/monthly. Count 3: Transient rentals are prohibited in the General Commercial district (CG).Continuance  Action details Not available
14-5910 122 Code ViolationsCase # 14-785 Brookwood LLC James E Berger 1216 Watson Street Sec. 18-601 License required - Counts 1 - 5 Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) - Counts 6 - 10 Sec. 122-599 Prohibited uses - Counts 11 - 15 Officer Matt Willman Certified Service: 5-20-2014 Initial Hearing: 5-28-2014 New Case - Settlement Agreement Repeat Violation Irreparable Violation Counts 1 thru 5: On April 30 thru May 4, 2014 the subject property was rented without the benefit of the required transient rental license. Counts 6 thru 9: On April 30 thru May 4, 2014, the property owner or their representative entered into a short term rental agreement. Spoke with Bob Pelletier, renter, on May 3 and received a rental confirmation in email format confirming the stay from April 30 thru May 4, 2014. Counts 10 thru 15: Transient rental in the Historic Medium Density Residential District (HMDR) are not specifically or provisionally provided for and therefore is prohibited.Continuance  Action details Not available
14-5763 123 Code ViolationsCase # 14-163 Mark Connolly Trust Dated 1/30/1998 307 Truman Avenue Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Sec. 122-599 Prohibited uses in the Historic Medium Density Residential district (HMDR) Officer Jim Young Certified Service: 3-24-2014 Initial Hearing: 4-23-2014 Irreparable Violation Continued from April 23, 2014 - Settlement Agreement Counts 1 through 7: On March 1, 2014 through March 8, 2014 the subject property was rented without the benefit of the required transient rental license. Counts 8 through 14: On March 1, 2014 through March 8, 2014 the property owner entered into a long-term lease with the mutual intent to subvert the regulatory goals of this section. Counts 15 through 21: On March 1, 2014 through March 8, 2014 the subject property owner rented the subject property transiently which is a use in the Historic Medium Density Residential district (HMDR), not specifically or provisionally provided for and therefore is prohibited.Violation Fine  Action details Not available
14-5916 124 HARC AppealsSMA 14-01 Yebo Island Grille LLC 629 Duval Street H13-01-823 Continued from July 2, 2014 for ruling   Action details Not available
14-5916 124 HARC AppealsSMA 14-01 Yebo Island Grille LLC 629 Duval Street H13-01-823 Continued from July 2, 2014 for rulingContinuance  Action details Not available
14-5912 125 MitigationsCase # 13-1135 Patricia Antich 704 Catherine StreetDenied  Action details Not available
14-5911 126 LiensCase # 13-471 Karen Boscamp 2705 Flagler Avenue Certified Service: 2-13-2014Approved  Action details Not available