Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 4/23/2014 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
13-3944 12 Code ViolationsCase # 12-1802 Teresa A Cathey 718 Thomas Street Sec. 58-61 Determination of levy charge Sec. 90-363 Certificate of Occupancy; Required Officer Bonnita Badgett Certified Service: 2-22-2013 Initial Hearing: 2-27-2013 In compliance April 21, 2014, request dismissal Count 1: There are two units on the property. The city only recognizes one. Count 2: A Certificate of Occupancy is required for the second unit.Dismissed  Action details Not available
14-5744 13 Code ViolationsCase # 14-157 Amy Lachat 822 Windsor Lane 824 Sec. 58-31 Determination of Levy Charge Sec. 90-363 Certificate of occupancy - required Officer Bonnita Badgett Certified Service: 4-2-2014 Initial Hearing: 4-23-2014 In compliance April 14, 2014, request dismissal Count 1: City only recognizes 1 unit.Dismissed  Action details Not available
14-5745 14 Code ViolationsCase # 14-412 Louis Gazzale 1320 Leon Street Sec. 58-31 Container and receptacle requirements Officer Bonnita Badgett Certified Service: 3-29-2014 Initial Hearing: 4-23-2014 In compliance March 24, 2014, request dismissal Count 1: Recycle/trash containers were on the city right of way on Monday, February 24, 2014 and Monday, March 24, 2014. Trash pick up is on Wednesdays.Dismissed  Action details Not available
14-5746 15 Code ViolationsCase # 14-467 Melvin H Eaton II 1401 United Street Sec. 58-31 Container and receptacle requirements Officer Bonnita Badgett Certified Service: 4-1-2014 Initial Hearing: 4-23-2014 In compliance March 25, 2014, request dismissal Count 1: The recycle/trash bins were on the city right of way on Thursday, February 27, 2014 and Monday March 24, 2014. Trash pick up is on Wednesdays.Dismissed  Action details Not available
14-5801 16 Code ViolationsCase # 14-707 Sybil E Wingert, L/E 1517 Rose Street Sec. 26-192 Prohibition against unreasonable noise Officer Bonnita Badgett Hand Served: 4-16-2014 Initial Hearing: 4-23-2014 Repeat violation from code case 13-1441 Count 1: On April 8, 2014, the City received a noise complaint from John Penoske regarding the roosters disturbing their peace.   Action details Not available
14-5801 16 Code ViolationsCase # 14-707 Sybil E Wingert, L/E 1517 Rose Street Sec. 26-192 Prohibition against unreasonable noise Officer Bonnita Badgett Hand Served: 4-16-2014 Initial Hearing: 4-23-2014 Repeat violation from code case 13-1441 Count 1: On April 8, 2014, the City received a noise complaint from John Penoske regarding the roosters disturbing their peace.   Action details Not available
14-5801 16 Code ViolationsCase # 14-707 Sybil E Wingert, L/E 1517 Rose Street Sec. 26-192 Prohibition against unreasonable noise Officer Bonnita Badgett Hand Served: 4-16-2014 Initial Hearing: 4-23-2014 Repeat violation from code case 13-1441 Count 1: On April 8, 2014, the City received a noise complaint from John Penoske regarding the roosters disturbing their peace.Continuance  Action details Not available
13-4077 17 Code ViolationsCase # 13-292 Torres Real Estate LLC Orlando F Torres, R/A Alexander's Guest House 1118 Fleming Street Sec. 18-601 License Required Sec. 122-1371 Transient living accommodations in residential dwellings Sec. 122-599 Prohibited uses - HMDR - Dismiss Officer Peg Corbett Certified Service: 3-15-2013 Inititial Hearing: 3-27-2013 In compliance November 19, 2014, request dismissal Irreparable violation Count 1: The subject property was held out and/or advertised as being available transiently on 22 February 2013 for a total of 17 units. Transient license is for 15 units only. Count 2: The subject property was held out and or advertised as being available transiently on 22 February 2013 for a total of 17 units when they are only licensed for 15. Count 3: Transient rentals are not permitted in Historic Medium Density Residential areas.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
14-5755 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.   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
14-5436 112 Code ViolationsCase # 13-1621 Timothy Behan 1801 N Roosevelt Blvd M18 Sec. 14-185 Compartmentation and flotation devices Sec. 14-37 Building permits; professional plans, display of permits Officer Leonardo Hernandez Posted: 1-30-2014 Initial Hearing: 2-26-2014 Continued from March 19, 2014 for compliance In compliance - still owes $250 in administrative fees Count 1: Decking material shall be of a type not adversely affected by moisture or shall be treated. Count 2: For failure to obtain building permits for the ceiling beams and deck joists   Action details Not available
14-5436 112 Code ViolationsCase # 13-1621 Timothy Behan 1801 N Roosevelt Blvd M18 Sec. 14-185 Compartmentation and flotation devices Sec. 14-37 Building permits; professional plans, display of permits Officer Leonardo Hernandez Posted: 1-30-2014 Initial Hearing: 2-26-2014 Continued from March 19, 2014 for compliance In compliance - still owes $250 in administrative fees Count 1: Decking material shall be of a type not adversely affected by moisture or shall be treated. Count 2: For failure to obtain building permits for the ceiling beams and deck joistsViolation Fine  Action details Not available
14-5747 113 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
14-5748 114 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
14-5567 115 Code ViolationsCase # 13-1528 Peter N Brawn 1413 South Street Sec. 26-126 Clearing of property of debris and noxious material required - Dismiss Sec. 62-31 Maintenance of area between property line and adjacent paved roadway Sec. 10-7 Nuisance animals prohibited - Dismiss Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic district Officer Barbara Meizis Certified Service: 3-7-2014 Initial Hearing: 3-19-2014 Continued from March 19, 2014 Count 1: The lot is overgrown and there are various piles of yard debris, including palm fronds, which attract rats and vermin. Count 2: The area between your property line and the nearest adjacent paved roadway, including the swale, needs to be kept clean. Count 3: The barking dogs on this property are a nuisance. Count 4: A building permit is required prior to adding concrete blocks and mortar to the existing wall. Count 5: A certificate of appropriateness is required prior to adding concrete blocks and mortar to the existing wall.Violation Fine  Action details Not available
14-5538 116 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.Continuance  Action details Not available
14-5759 117 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
14-5758 118 Code ViolationsCase # 14-369 Jeffrey C & Rosemary J Ware 1400 Olivia Street Sec. 58-31 Container and receptacle requirements Officer Barbara Meizis Certified Service: 4-2-2014 Initial Hearing: 4-23-2014 In compliance April 3 2014, request dismissal Count 1: On Friday, February 14, 2014 and Friday, March 28, 2014 the trash/recycle bins were on the right of way. Trash pick up is on Tuesdays.Dismissed  Action details Not available
14-5760 119 Code ViolationsCase # 14-446 Robert Steven Baker, Revocable Trust 1401 Petronia Street Sec. 58-31 Container and receptacle requirements Officer Barbara Meizis Certified Service: 4-3-2014 Initial Hearing: 4-23-2014 In compliance April 10, 2014, request dismissal Count 1: On Thursday, February 27, 2014 and Friday, March 28, 2014, bins were observed on the right of way. Trash pick up is on Tuesdays.Dismissed  Action details Not available
14-5761 120 Code ViolationsCase # 14-613 Shawn M Cowles & Adele Williams, T/C 1216 White Street Sec. 18-601 License Required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) Sec. 122-809 Prohibited uses in the Historic Neighborhood Commercial district (HNC-1) Officer Barbara Meizis Certified Service: Initial Hearing: 4-23-2014 Settlement Agreement Repeat violation from code case # 13-981 New Case Count 1: A transient rental license is required to rent this property transiently. Counts 2 through 8: On June 10, 2014 through June 17, 2014 (total of seven nights), you held out the subject property for transient rental for $110.00 per night. Count 9: Transient rentals are prohibited in the Historic Neighborhood Commercial (HNC-1) district.Violation Fine  Action details Not available
14-5749 121 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
14-5750 122 Code ViolationsCase # 13-1640 Martha J Wilkerson Estate c/o Allen & Karen Valdez 914 Emma Street Sec. 26-126 Clearing of property debris and noxious material required Officer Jim Young Certified Service: 4-7-2014 Initial Hearing: 4-23-2014 Continued from July 2, 2014 for compliance In compliance July 29, 2014, fees still due Count 1: The lot is overgrown with weeds.Continuance  Action details Not available
14-5751 123 Code ViolationsCase # 14-28 Paul Julio De Poo 2932 Staples Avenue Sec. 58-31 Container and receptacle requirements Officer Paul Nickle Certified Service: 4-3-2014 Initial Hearing: 4-23-2014 In compliance April 9, 2014, request dismissal Count 1: On Tuesday, January 6, 2014, on the morning of Wednesday, February 12, 2014 and on Friday, March 21, 2014, the trash/recycle bins were on the right of way. Trash pick up is on Thursdays.Dismissed  Action details Not available
14-5752 124 Code ViolationsCase # 14-222 White Street Station M & M Wilson Enterprises, Inc. Truman & White Chevron Inc. c/o Richard D Maun, R/A 1127 Truman Avenue Sec. 108-91 Scope, major and minor developments Sec. 14-40 Permits in historic district Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-256 Required - electrical permit Sec. 14-359 Permit display - plumbing and gas permits Officer Leonardo Hernandez Certified Service: 4-3-2014 - property owner Initial Hearing: 4-23-2014 New Case Count 1: For failure to obtain a development plan. Count 2: For failure to obtain HARC approval. Count 3: For failure to obtain building permits. Count 4: For failure to obtain electrical permit. Count 5: For failure to obtain plumbing and gas permits.   Action details Not available
14-5752 124 Code ViolationsCase # 14-222 White Street Station M & M Wilson Enterprises, Inc. Truman & White Chevron Inc. c/o Richard D Maun, R/A 1127 Truman Avenue Sec. 108-91 Scope, major and minor developments Sec. 14-40 Permits in historic district Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-256 Required - electrical permit Sec. 14-359 Permit display - plumbing and gas permits Officer Leonardo Hernandez Certified Service: 4-3-2014 - property owner Initial Hearing: 4-23-2014 New Case Count 1: For failure to obtain a development plan. Count 2: For failure to obtain HARC approval. Count 3: For failure to obtain building permits. Count 4: For failure to obtain electrical permit. Count 5: For failure to obtain plumbing and gas permits.Dismissed  Action details Not available
14-5753 125 Code ViolationsCase # 14-333 Robert H Lyhne 2827 Staples Avenue Sec. 58-31 Container and receptacle requirements Officer Paul Nickle Certified Service: 4-2-2014 Initial Hearing: 4-23-2014 In compliance April 9, 2014, request dismissal Count 1: On the morning of Wednesday, February 21, 2014, Friday, February 21, 2014 and Friday, March 21, 2014, the trash/recycle bins were on the right of way. Trash pick up is on Thursdays.Dismissed  Action details Not available
14-5762 126 Code ViolationsCase # 14-172 Brockwood LLC James Berger, R/A 1216 Watson Street Sec. 18-601 License required Sec. 18-602 Rebuttable presumption of violation Officer Mathew Willman Certified Service: Initial Hearing: 4-23-2014 New Case - Settlement Agreement Count 1: A transient license is required to rent your property transiently. Count 2: The property was held out for transient rental (VRBO listing #497773) for a minimum stay of 4-7 nights.Violation Fine  Action details Not available
14-5763 127 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.Continuance  Action details Not available
14-5764 128 Code ViolationsCase # 14-506 Timothy Behan 1801 N Roosevelt Boulevard Marlin 18 Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) Officer Jim Young Hand Served: 4-18-2014 Initial Hearing: 4-23-2014 New Case Count 1: On March 4, 2014, the houseboat was advertised on an internet web site, Airbnb.com, advertising to rent for one week for a total of $600.00 without the benefit of a transient rental license. Count 2: On March 4, 2014, the houseboat was advertised on an internet web site, Airbnb.com, advertising to rent for one week for a total of $600.00.   Action details Not available
14-5764 128 Code ViolationsCase # 14-506 Timothy Behan 1801 N Roosevelt Boulevard Marlin 18 Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) Officer Jim Young Hand Served: 4-18-2014 Initial Hearing: 4-23-2014 New Case Count 1: On March 4, 2014, the houseboat was advertised on an internet web site, Airbnb.com, advertising to rent for one week for a total of $600.00 without the benefit of a transient rental license. Count 2: On March 4, 2014, the houseboat was advertised on an internet web site, Airbnb.com, advertising to rent for one week for a total of $600.00.Dismissed  Action details Not available
14-5765 129 Code ViolationsCase # 14-641 Vladimir Prokhodnoy 2301 Linda Avenue Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) Sec. 122-237 Prohibited uses in the Single Family residential district (SF) Officer Jim Young Certified Service: 4-8-2014 Initial Hearing: 4-23-2014 New Case - Settlement Agreement Count 1: On April 2, 2014 a complaint was received stating that the owner is renting the property on a transient basis without the required business tax receipt. Count 2: On April 2, 2014, an internet advertisement on Airbnb.com, offered a room for $115 per night. Count 3: Transient rentals are prohibited in the Single Family residential district (SF).Violation Fine  Action details Not available
14-5541 130 LiensCase # 13-931 David Lassiter 708-A Elizabeth Street Posted: 4-9-2014 In compliance April 15, 2014, request dismissal   Action details Not available