Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 7/2/2014 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.Dismissed  Action details Not available
13-4943 12 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.Dismissed  Action details Not available
14-5296 13 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 14 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 signsDismissed  Action details Not available
14-5297 14 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 signsDismissed  Action details Not available
14-5755 15 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
14-6044 16 Code ViolationsCase # 14-378 Dereck Berger Lance Torres 2333 Fogarty Avenue Sec. 90-356 Building permits required Sec. 108-680 Recreational vehicles and boats Sec. 118-4 Recording of plats, lot splits or other change in lines or boundaries defining land configuration Officer Peg Corbett Certified Service: 6-7-2014 Initial Hearing: 7-2-2014 In compliance July 17, 2014, request dismissal Count 1: A gate was built on the city right of way (easement) without permits. Count 2: The boat belonging to Mr. Berger has been placed on the easement behind the gate. Count 3: A lot split has been recorded at the county clerk's office without the benefit of city approval.Continuance  Action details Not available
14-5757 17 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.Violation Fine  Action details Not available
14-6045 18 Code ViolationsCase # 14-397 Fury Management Inc. Scott Saunders, Registered Agent 500 Truman Avenue Sec. 114-104 Restrictions on number of signs permitted Officer Peg Corbett Certified Service: 6-5-2014 Initial Hearing: 7-2-2014 New Case Count 1: This business has four signs and is only allowed two.Dismissed  Action details Not available
14-6046 19 Code ViolationsCase # 14-203 Salvatore Zappulla 9 Gerome Avenue Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic district Sec. 62-2 Obstructions Officer Leonardo Hernandez Posted: 6-20-2014 Initial Hearing: 7-2-2014 In compliance November 13, 2014, administrative fees still due Count 1: For failure to obtain a building permit for the fence. Count 2: For failure to obtain a certificate of appropriateness for the fence. Count 3: The fence is obstructing the city right of way.Continuance  Action details Not available
14-5747 110 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 111 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 112 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.Violation Fine  Action details Not available
14-6047 113 Code ViolationsCase # 14-606 Cathy Fernandez 912 Simonton Street Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic districts Officer Leonardo Hernandez Certified Service: 6-17-2014 Initial Hearing: 7-2-2014 In compliance July 28, 2014, fees still due Count 1: For failure to obtain a demolition permit to remove the railings. Count 2: For failure to obtain a certificate of appropriateness for removal of the railings.Continuance  Action details Not available
14-5904 114 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.Dismissed  Action details Not available
14-6048 115 Code ViolationsCase # 14-709 Paul & Cindy Lou Mead 3536 Duck Avenue Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business - Dismiss Sec. 74-206 Owner's responsibility for payment Sec. 74-209 Delinquent payments; disconnection and reconnection of services Officer Leonardo Hernandez Certified Service: 5-27-2014 Initial Hearing: 7-2-2014 In compliance, request dismissal Count 1: For failure to obtain a business tax receipt to rent the property. Count 2. The utilities account is delinquent.Dismissed  Action details Not available
14-6049 116 Code ViolationsCase # 13-1330 801/803 Elizabeth Street LLC c/o Peter Nelson Brawn G, B & B-B Registries, LLC 803 Elizabeth Street Sec. 14-325 Permits required Sec. 14-327 Inspection Sec. 14-40 Permits in historic districts Officer Barbara Meizis Certified Service: 6-10-2013 Initial Hearing: 7-2-2014 In compliance January 2, 2014, request dismissal Count 1: For failure to obtain a permit for the condenser. Count 2: For failure to obtain an inspection for the condenser. Count 3: For failure to obtain a certificate of appropriateness for the condenser.Continuance  Action details Not available
14-6051 117 Code ViolationsCase # 13-1333 801/803 Elizabeth Street LLC c/o Peter Nelson Brawn G, B & B-B Registries, LLC 801 Elizabeth Street Sec. 14-325 Permits required Sec. 14-327 Inspection Sec. 14-40 Permits in historic districts Officer Barbara Meizis Certified Service: 6-10-2014 Initial Hearing: 7-2-2014 In compliance 9-9-2014, request dismissal Count 1: For failure to obtain a permit for the condenser. Count 2: For failure to obtain an inspection for the condenser. Count 3: For failure to obtain a certificate of appropriateness for the condenser.Continuance  Action details Not available
14-6051 117 Code ViolationsCase # 13-1333 801/803 Elizabeth Street LLC c/o Peter Nelson Brawn G, B & B-B Registries, LLC 801 Elizabeth Street Sec. 14-325 Permits required Sec. 14-327 Inspection Sec. 14-40 Permits in historic districts Officer Barbara Meizis Certified Service: 6-10-2014 Initial Hearing: 7-2-2014 In compliance 9-9-2014, request dismissal Count 1: For failure to obtain a permit for the condenser. Count 2: For failure to obtain an inspection for the condenser. Count 3: For failure to obtain a certificate of appropriateness for the condenser.   Action details Not available
14-6051 117 Code ViolationsCase # 13-1333 801/803 Elizabeth Street LLC c/o Peter Nelson Brawn G, B & B-B Registries, LLC 801 Elizabeth Street Sec. 14-325 Permits required Sec. 14-327 Inspection Sec. 14-40 Permits in historic districts Officer Barbara Meizis Certified Service: 6-10-2014 Initial Hearing: 7-2-2014 In compliance 9-9-2014, request dismissal Count 1: For failure to obtain a permit for the condenser. Count 2: For failure to obtain an inspection for the condenser. Count 3: For failure to obtain a certificate of appropriateness for the condenser.   Action details Not available
14-5749 118 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
14-6050 119 Code ViolationsCase # 14-449 Ann J Kolson 1401 Albury Street Sec. 58-31 Container and receptacle requirements Officer Barbara Meizis Certified Service: Initial Hearing: 7-2-2014 In compliance June 6, 2014, request dismissal Count 1: On Thursday, February 27, 2014, bins were on the city right of way. Trash pick up is on Tuesdays. In the months of March and April, 2014 the recycle and yard waste bins were being stored on the city right of way.Dismissed  Action details Not available
13-3836 120Code Case 13-57Code ViolationsCase # 13-57 Yuliya Andrews The Adult Entertainment Club 200 Block of Duval Street Sec. 18-415 (b) (1) a. Restrictions in the Historic District Sec. 18-441 Required Officer Jim Young Certified Service: Initial Hearing: 7-27-2016 Repeat/Irreparable Violation Count 1: On January 10, 2013 at approximately 1:33 am, Anthony B Huggins was soliciting customers for the Adult Entertainment Club at 210 Duval Street which is a prohibited area. Count 2: An Off-Premises Canvassing permit is required to engage in off-premises canvassing.Continuance  Action details Not available
13-3990 121Code Case 13-185Code ViolationsCase # 13-185 KWSC, Inc. d/b/a Adult Entertainment Club Yuliya Andrews, Owner Neile Bassi Favreau Albert L Kelley, R/A 300 Block of Duval Street Sec. 18-411 Title Sec. 18-415 Restrictions in the historic district Officer Jim Young Certified Service: 2-8-2013 - R/A Certified Service: 2-9-2013 - Owner Initial Hearing: 2-27-2013 Continued from September 17, 2014 Repeat/Irreparable Violation Count 1: This article shall be known as the off-premises canvassing ordinance. Count 2: On January 10, 2013 at approximately 1:30 am, Neile Bassi Favreau was soliciting customers for the Adult Entertainment Club in the 300 block of Duval Street which is a prohibited area.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
14-5910 123 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.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 rulingContinuance  Action details Not available
14-6166 1  Action Items14-785 - Brookwood LLC   Action details Not available