Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 7/30/2014 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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14-5902 11 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.Dismissed  Action details Not available
14-5900 12 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 13 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.Dismissed  Action details Not available
14-5903 14 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.Dismissed  Action details Not available
14-6100 15 Code ViolationsCase # 13-1568 Joseph P Browning c/o Michael L Browning Trustee 1907 Roosevelt Drive A Sec. 58-31 Container and receptacle requirements Officer Peg Corbett Certified Service: 6-12-2014 Initial Hearing: 7-30-2014 In compliance June 27, 2014, request dismissal Count 1: Trash and recycle receptacles were left on the city right of way on Friday, December 13, 2013, Friday, December 27, 2013, Friday, January 31, 2014 and Saturday, June 7, 2014. Trash pick up is on Thursdays.Dismissed  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.Dismissed  Action details Not available
14-6101 17 Code ViolationsCase # 14-479 New Potter's Cottage, LLC Charles T Kemp, R/A 1212 Duval Street Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 14-37 Building permits; professional plans; display of permits Sec. 14-40 Permits in historic districts Sec. 90-363 Certificate of occupancy - required Sec. 14-256 Required Sec. 14-325 Permits required Sec. 58-61 Determination of levy of charge Officer Peg Corbett Certified Service: Initial Hearing: 7-30-2014 In compliance October 10, 2014, request dismissal Counts 1 - 2: The subject property has two units for which there are no business tax receipts for non-transient rental. Counts 3 - 4: The City of Key West recognizes three units. The subject property has five units. There are no building permits for the additional two units. Counts 5 - 6: The subject property has two units for which a HARC Certificate of Appropriateness has not been obtained. Counts 7 - 8: The subject property has tenants in the two units that have not received a certificate of occupancy from the City of Key WContinuance  Action details Not available
14-6102 18 Code ViolationsCase # 14-604 Charles Walingue - tenant Poinciana Park Partners Erwin Mayer - TA 1300 15th Court 47 Sec. 14-37 Building permits; professional plans; display of permits Sec. 34-130 Violations Officer Peg Corbett Certified Service: 6-12-2014 Initial Hearing: 7-30-2014 Continued from July 30, 2014 for compliance Count 1: Mobile home owner was constructing a new room on the inside of a large screened in porch. The room has a wooden foundation that is sitting on wet ground within this latticed in porch. There are no permits. Count 2: The new construction at the subject property violates FEMA flood guidelines.Continuance  Action details Not available
14-6052 19 Code ViolationsCase # 14-820 Vicki Gordon 1406 Leon Street Sec. 62-2 Obstructions Officer Peg Corbett Certified Service: 6-7-2014 Initial Hearing: 7-30-2014 Continuance granted to September 17, 2014 Count 1: A wall and a pool were built five feet onto the city right of way. An easement was applied for but not granted due to failure of the property owner to meet the conditions therein.Continuance  Action details Not available
14-6103 110 Code ViolationsCase # 14-825 Sandra Johnson Bright Goldsmith 409 Catherine Street Sec. 66-102 Due dates and delinquent; penalties Officer Peg Corbett Certified Service: 6-23-2014 Initial Hearing: 7-30-2014 In compliance June 17, 2014, request dismissal Count 1: The business tax receipt to rent this property non-transiently is delinquent.Dismissed  Action details Not available
14-6104 111 Code ViolationsCase # 14-826 Julie Ann Garber - Registered Agent Whitehead Properties II, LLC 401 Whitehead Street 403 Sec. 66-102 Dates due and delinquent; penalties Officer Peg Corbett Certified Service: 6-16-2014 Initial Hearing: 7-30-2014 In compliance July 23, 2014, request dismissal Count 1: The business tax receipt for two non-transient units is delinquent.Dismissed  Action details Not available
14-6105 112 Code ViolationsCase # 14-830 Overseas Radio LLC Guy Deboer - Registered Agent Konk AM 402 Appelrouth Lane Sec. 66-102 Dates due and delinquent; penalties Officer Peg Corbett Certified Service: 6-7-2014 Initial Hearing: 7-30-2014 In compliance July 3, 2014, request dismissal Count 1: The business tax receipt for Konk AM is delinquent.Dismissed  Action details Not available
14-6106 113 Code ViolationsCase # 14-831 Konk Life Guy Deboer, Registered Agent 402 Appelrouth Lane Sec. 66-102 Dates due and delinquent; penalties Officer Peg Corbett Certified Service: 6-7-2014 Initial Hearing: 7-30-2014 In compliance July 3, 2014, request dismissal Count 1: The business tax receipt for Konk Life is delinquent.Dismissed  Action details Not available
14-6107 114 Code ViolationsCase # 14-834 Sun N Sand of Key West, Inc. Yakov Blives, Registered Agent 300 Front Street 1 Sec. 66-102 Dates due and delinquent; penalties Officer Peg Corbett Certified Service: 6-12-2014 Initial Hearing: 7-30-2014 In compliance July 7, 2014, request dismissal Count 1: The business tax receipt for Sun N Sand of Key West, Inc. is delinquent.Dismissed  Action details Not available
14-6108 115 Code ViolationsCase # 14-835 Sunset Watersports Inc. Paul S Mills, Registered Agent 1 Duval Street Sec. 66-102 Dates due and delinquent; penalties Officer Peg Corbett Certified Service: 6-12-2014 Initial Hearing: 7-30-2014 In compliance July 23, 2014, request dismissal Count 1: The business tax receipt for Sunset Watersports Inc. is delinquent.Dismissed  Action details Not available
14-6109 116 Code ViolationsCase # 14-836 William Gerhardt 115 Front Street 204 Sec. 66-102 Dates due and delinquent; penalties Officer Peg Corbett Certified Service: 6-12-2014 Initial Hearing: 7-30-2014 In compliance June 19, 2014, request dismissal Count 1: The business tax receipt to rent this property is delinquent.Dismissed  Action details Not available
14-5748 117 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.Dismissed  Action details Not available
14-6047 118 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.Violation Fine  Action details Not available
14-6181 119 Code ViolationsCase # 14-895 Doctor's Spa Andrienne Curran 1075 Duval Street C18 Sec. 114-104 Restrictions on number of signs permitted Officer Leonardo Hernandez Certified Service: Initial Hearing: 7-30-2014 In compliance July 22, 2014, request dismissal Count 1: For exceeding the number of allowable signs. The business has 3 signs, only 2 are allowed.Dismissed  Action details Not available
14-6174 120 Code ViolationsCase # 14-844 George & Leonor Pallas 726 United Street Sec. 110-259 Duty of property owner(s) Officer Mary Lockyear Certified Service: 7-14-2014 Initial Hearing: 7-30-2014 In compliance July 14, 2014, request dismissal Count 1: The roots of the tree on this property have lifted up a portion of the city sidewalk causing an obstruction to pedestrians.Dismissed  Action details Not available
14-6175 121 Code ViolationsCase # 14-863 Infinity Hair Allysa Rosado 126 Simonton Street Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Officer Mary Lockyear Certified Service: 7-5-2014 Initial Hearing: 7-30-2014 In compliance July 8, 2014, request dismissal Count 1: Allysa Rosado is performing professional services as a nail specialist without the benefit of a business tax receipt.Dismissed  Action details Not available
13-4949 122 Code ViolationsCase # 13-519 G Phillip & Susan Morris 909 United Street Sec. 14-325 Permits required Sec. 14-327 Inspection Sec. 90-363 Certificate of occupancy - required Sec. 108-991 Development not affection by article Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 74-131 Required where pubic sewer available Officer Barbara Meizis Certified Service: 10-21-2013 Initial Hearing: 11-20-2013 In compliance July 23, 2014, request dismissal Count 1: Failure to obtain an after the fact mechanical permit. Count 2: Failure to obtain a mechanical inspection. Count 3: A certificate of occupancy is required before a unit is occupied. Count 4: Failure to obtain a Lawful Unit Determination for the second unit. Count 5: Failure to obtain a business tax receipt to rent the second unit. Count 6: Failure to connect the second unit to the City sewer system.Dismissed  Action details Not available
14-5749 123 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
14-5759 124 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).Violation Fine  Action details Not available
14-6111 125 Code ViolationsCase # 14-542 Jan & George LLC Jan K Oostdijk, Registered Agent Jan & George LLC 600 Frances Street Sec. 102-152 Requirements for permits Sec. 62-2 Obstructions Officer Barbara Meizis Certified Service: 6-14-2014 Initial Hearing: 7-30-2014 Continued from November 14, 2014 for compliance Count 1: The step sticks out across the city right of way approximately 18 inches. There has not been an application to the Historic Architectural Review Commission for this step. Count 2: There is a larger protrusion over the original concrete step as pictured in a HARC application for the Historic Marker from 2011Continuance  Action details Not available
14-6119 126 Code ViolationsCase # 14-550 David Wolkowski 920 Eisenhower Drive Sec. 26-31 Offensive and nuisance conditions prohibited Officer Barbara Meizis Certified Service: 8-4-2014 Initial Hearing: 8-20-2014 In compliance 8-20-2014, request dismissal Count 1: There is an outdoor jacuzzi that has stagnant water in it. Stagnant water in a swimming pool, cistern or fountain that is a breeding ground or feeding area for mosquitoes is a nuisance.Continuance  Action details Not available
14-6257 127 Code ViolationsCase # 14-544 Poinciana Park Partners LLP Gabriele Ostrowsicki PA R/A Mary Louis - tenant 1300 15th Court 38 Sec. 14-37 Building permits; professional plans; display of permits Officer Matt Willman Certified Service: 7-18-2014 - property owner Hand Served: 7-24-2014 - tenant Initial Hearing: 7-30-2014 In compliance 8-21-2014, still owes fees Count 1: For failure to obtain a building permit for the floor/deck.Continuance  Action details Not available
14-6110 128 Code ViolationsCase # 14-838 William J Smith 1010 Emma Street Building 5 Sec. 26-194 Citation procedure for disturbing noise Officer Matt Willman Certified Service: 6-26-2014 Initial Hearing: 7-30-2014 New Case Count 1: The city has received several complaints regarding the same violator. On June 20, 2014 Officer Willman witnessed loud music from a sound system operated by Mr. Smith. He was advised to turn it down and would be back if there were other complaints. Received another complaint from the Key West Police DepartmentViolation Fine  Action details Not available
14-6258 129 Code ViolationsCase # 14-1109 Wayne Kruer 1105 Thomas Street Sec. 62-2 Obstructions Officer Matt Willman Certified Service: 7-21-2014 Initial Hearing: 7-30-2014 In compliance January 8, 2015, request dismissal Count 1: The coconut tree is overhanging the city right of way limiting the use of the sidewalk as well as the adjacent parking space.Continuance  Action details Not available
14-5750 130 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.Violation Fine  Action details Not available
14-5916 131 HARC AppealsSMA 14-01 Yebo Island Grille LLC 629 Duval Street H13-01-823 Continued from July 2, 2014 for rulingReversed  Action details Not available