City of Key West, FL - Meeting of Code Enforcement Hearing on 9/28/2016 at 1:30 PM

16-10205

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10205
Ver.: 1
Agenda #: 1
Type: Code Violations
Title: Case # 16-1082 Blue Gecko Key Lime Pie & Ice Cream Factory, Inc. Jaiky Alwani - Business owner Christian Zuelch - Registered agent 411 Greene St. Sec. 58-34 Unlawful disposal Officer Bonnita Badgett Certified Service: 9-6-2016 - Business owner Certified Service: 9-6-2016 - Registered agent Initial Hearing: 9-28-2016 New Case Count 1: Failure to maintain own proper watertight receptacle and disposing commercial garbage in the City receptacle.
Action: Violation Fine
Result:

16-9155

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9155
Ver.: 1
Agenda #: 2
Type: Code Violations
Title: Case # 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: Continuance
Result:

16-10197

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10197
Ver.: 1
Agenda #: 3
Type: Code Violations
Title: Case # 16-499 Marcel & Milan Kozak 1016 Howe St. Sec. 66-102 Dates due and delinquent; penalties Sec. 66-103 Transfer of license Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Officer Peg Corbett Certified Service: 8-13-2016 Initial Hearing: 9-28-2016 New Case Count 1: Failure to renew medallion and transient license which expired 30 Sept 2015. Count 2: Failure to transfer transient license and medallion to the new owners. Property was purchased October 2015. Count 3: Expired transient medallion which was withheld at renewal due to no state licensing. Yearly fire inspection is required.
Action: Dismissed
Result:

16-9898

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9898
Ver.: 1
Agenda #: 4
Type: Code Violations
Title: Case # 16-522 Jack Agnew 208 8 Southard Street Sec. 66-102 Dates due and delinquent; penalties Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Officer Peg Corbett Certified Service: 8-29-2016 Initial Hearing: 9-28-2016 New Case Count 1: Transient medallion expired on 30 Sept 2015. Count 2: Expired transient medallion which was withheld at renewal due to no state licensing. Yearly fire inspection is required.
Action: Dismissed
Result:

16-10199

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10199
Ver.: 1
Agenda #: 5
Type: Code Violations
Title: Case # 16-565 Thomas & Suzanne Schoenberger 518 Emma St. Sec. 66-102 Dates due and delinquent; penalties Sec. 33-103 Transfer of license Sec. 122-1371 Transient living accommodations in residental dwellings; regulations Officer Peg Corbett Certified Service: 8-16-2016 Initial Hearing: 9-28-2016 New Case Count 1: Failure to renew medallion and transient license that expired 30 Sept 2015. Count 2: Failure to transfer transient license and medallion. The property was purchased 21 July 2015. Count 3: Failure to renew and transfer medallion and license to new owner after completion of requirements within the city ordinance.
Action: Dismissed
Result:

16-10248

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10248
Ver.: 1
Agenda #: 6
Type: Code Violations
Title: Case # 16-1281 Charles Hoffman 1420 Whalton St. Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwelling; regulations Sec. 122-1371 Transient living accommodations in residential dwelling; regulations Officer Peg Corbet Certified Service: 9-9-2016 Initial Hearing: 9-28-2016 Repeat Violations New Case Count 1: For advertising for short-term rental on AIRBNB without a business tax receipt. This is a repeat violation. Count 2: For holding out/advertising for short term rentals without the requisite state and county licenses, fire inspection and medallion. This is a repeat violation. Counts 3 - 7: For being held out/advertised for short term rental for 5 nights without the benefit of a transient rental license. These are repeat violations.
Action: Dismissed
Result:

16-10250

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10250
Ver.: 1
Agenda #: 7
Type: Code Violations
Title: Case # 16-1285 Left Shore LLC Carol Pallen - Registered Agent 3910 S. Roosevelt Boulevard S207 Sec. 18-601 License required - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings; regulations - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings; regulations - Repeat Violation Officer Peg Corbett Certified Service: 9-10-2016 - Registered Agent Initial Hearing: 9-28-2016 Request dismissal Count 1: For advertising for short term rental without a transient rental license. This respondent has been previously found in violation of this ordinance; cases 16-579, 16-800, 16-801, 16-782. Count 2: For holding out/advertising for short term rental without the requisite city, county and state licensing; fire inspection; and medallion. This respondent has been previously found in violation of this ordinance; cases 16-579, 16-800, 16-801, 16-782. Count 3: For being held out/advertising for short term rental for 20 nights beginning 2 Oct 2016 without transient rental license. This respondent has been previously found in vi
Action: Dismissed
Result:

16-10295

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10295
Ver.: 1
Agenda #: 8
Type: Code Violations
Title: Case # 16-1303 Blanche Stapleton Michael McMahon 28 Seaside South Court Sec. 18-601 License Required - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings - Count 2 - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings - Counts 3 - 9 - Repeat Violation Officer Kenneth JW Waite Posted: 10-20-2016 Initial Hearing: 9-28-2016 This case was rescheduled to November 16, 2016 Count 1: On 12 Sept 2016 the respondent advertised the property for short term rental on AIRBNB contrary to Sec. 18-602 (2), creating a rebuttable presumption of a violation of Sec. 18-601. On 31 Aug 2016 the Special Magistrate signed findings and order finding this property owner in violation, ase # 16-260. Count 2: The property owner is holding out/advertising for short term rental without the requisite city, county and state licensing nor does it have the required transient rental medallion or had a fire inspection. Counts 3 - 9: The subject property is being held out/advertising for short term rental for seven nights beginning 6 Oct 2016 for $
Action: Continuance
Result:

16-10237

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10237
Ver.: 1
Agenda #: 9
Type: Code Violations
Title: Case # 14-1488 Sunrise at Seaside Condo Association 3625 Seaside Drive FBC. 1612 (ASCE 24-05) Floor Hazard Construction Officer Scott Fraser Certified Service: 9-15-2016 Initial Hearing: 10-21-2015 Continued from July 27, 2016 for compliance Count 1: Unprotected enclosed structures below design flood elevation.
Action: Continuance
Result:

16-10282

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10282
Ver.: 1
Agenda #: 10
Type: Code Violations
Title: Case # 16-860 Hossain Mohammed Billal 2305 Patterson Avenue Rear Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-262 Request for inspection Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Officer Scott Fraser Certified Service: Initial Hearing: 9-28-2016 New Case Count 1: Failure to obtain required building/electrical permits. Count 2: Failure to request required safety inspections. Count 3: After being advised to cease, work having been started without obtaining required building/electrical permits, prior to pending permits having been approved and issued.
Action: Violation Fine
Result:

16-10054

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10054
Ver.: 1
Agenda #: 11
Type: Code Violations
Title: Case # 16-774 Elsa M Diaz Mortgage Contracting Services 1523 Seminary Street Sec. 26-126 Clearing of property of debris and noxious material required Officer Leonardo Hernandez Certified Service: 7-14-2016 - Mortgage Contracting Posted: 7-18-2016 - Diaz Initial Hearing: 8-31-2016 Continued from August 31, 2016 - Request Finding of Violation with fees and no fines at this time Count 1: There is overgrowth, foul odors, yard waste and a discarded refrigerator/freezer on the front lawn.
Action: Violation Fine
Result:

16-10229

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10229
Ver.: 1
Agenda #: 12
Type: Code Violations
Title: Case # 16-1037 Mr. Randolph Lathrop Jones 2330 Staples Avenue Sec. 180-680 Recreational vehicles and boats Sec. 66-87 Business tax receipt required for all holdings themselves out to be engaged in business - In compliance September 8, 2016 - dismiss Officer Leonardo Hernandez Certified Service: 9-13-2016 Initial Hearing: 9-28-2016 In compliance December 19, 2016, request dismissal Count 1: Failure to cease utilizing an RV as habitable space on property. Count 2: Failure to obtain a business tax receipt for non-transient rental.
Action: Continuance
Result:

16-10053

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10053
Ver.: 1
Agenda #: 13
Type: Code Violations
Title: Case # 16-158 Charles Sonny McCoy Rev Trust 88 Hilton Haven Drive Sec. 26-126 Clearing of property of debris and noxious material required Officer Beau Langford Certified Service: 8-10-2016 Initial Hearing: 8-31-2016 In compliance September 21, 2016, request dismissal Count 1: For failure to remove/have removed the bee hive that is in the roof. The bees are swarming.
Action: Dismissed
Result:

16-10228

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10228
Ver.: 1
Agenda #: 14
Type: Code Violations
Title: Case # 16-524 Ruth Yarber 1616 Bahama Dr. Sec. 66-102 Dates due and delinquent; penalties Officer Beau Langford Certified Service: Initial Hearing: 9-28-2016 In compliance September 9, 2016, request dismissal Count 1: Failure to renew business license which expired 30 Sept 2015.
Action: Dismissed
Result:

16-10058

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10058
Ver.: 1
Agenda #: 15
Type: Code Violations
Title: Case # 16-870 Tawlaw, LLC Christian Cruz - Registered Agent 1016 Duval Street Sec. 58-31 Container and receptacle requirements Officer Beau Langford Certified Service: 7-20-2016 Initial Hearing: 8-31-2016 In compliance September 28, 2016, request dismissal Count 1: For storing trash bins on the city right of way.
Action: Dismissed
Result:

16-10232

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10232
Ver.: 1
Agenda #: 16
Type: Code Violations
Title: Case # 16-1226 Peter & Dixie Janker 417 United Street Sec. 14-40 Permits in historic districts Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Repeat Violation Sec. 14-40 Permits in historic districts - Repeat Violation Officer Beau Langford Certified Service: 9-3-2016 Initial Hearing: 9-28-2016 Continued from November 16, 2016 for compliance. Count 1: Failure to apply and obtain an after-the-fact HARC Certificate of Appropriateness for painting. Count 2: Failure to apply and obtain proper permit for spiral staircase. Count 3: Failure to apply and obtain a HARC Certificate of Appropriateness for the spiral staircase.
Action: Continuance
Result:

16-9410

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9410
Ver.: 1
Agenda #: 17
Type: Code Violations
Title: Case # 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.
Action: Dismissed
Result:

16-9909

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9909
Ver.: 1
Agenda #: 18
Type: Code Violations
Title: Case # 16-634 Peter N Brawn B-B Registries, LLC - Registered Agent 525 Caroline Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Sec. 14-262 Requests for inspection Officer Jorge Lopez Certified Service: 6-17-2016 - Registered Agent Initial Hearing: 7-27-2016 In compliance November 18, 2016, request dismissal Count 1: For failure to obtain building permit for installation of bathtub and toilet. Count 2: For failure to obtain a certificate of appropriateness to do siding replacement, deck repairs and installation of exterior door. Count 3: Must request inspection for electrical work as soon as job is ready
Action: Continuance
Result:

16-9920

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9920
Ver.: 1
Agenda #: 19
Type: Code Violations
Title: Case # 16-727 Whammy Key LLC Alfred Phillips - Registered Agent 903 Duval Street Sec. 26-192 Unreasonably excessive noise prohibited Officer Jorge Lopez Certified Service: 6-30-2016 Initial Hearing: 7-27-2016 Continued from November 16, 2016 Count 1: Was given warning with a DBC of 86.9 on 6/3/16. Received another complaint, conducted a second reading on 6/25/16 with a DBC of 81.1 and was found in violation.
Action: Continuance
Result:

16-10203

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10203
Ver.: 1
Agenda #: 20
Type: Code Violations
Title: Case # 16-1012 C. W. Dement 227 Duval Street Sec. 14-37 Building permits. professional plans. display of permits; address; exception Sec. 14-40 Permits in the historic districts Officer Jorge Lopez Certified Service: 9-2-2016 Initial Hearing: 9-28-2016 In compliance February 15, 2017 - administrative fees still due Count 1: Failure to obtain building permit or remove the unpermitted structure. Count 2: Failure to obtain the required Certificate of Appropriateness or remove the unpermitted structure.
Action: Continuance
Result:

16-10204

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10204
Ver.: 1
Agenda #: 21
Type: Code Violations
Title: Case # 16-1056 Play Time Apparel, Inc. Joseph Cohen - Registered Agent 310 Front St. Sec. 114-103 Prohibited signs Officer Jorge Lopez Certified Service: 8-25-2016 Initial Hearing: 9-28-2016 In compliance August 23, 2016, request dismissal Count 1: Failure to remove prohibited signs from windows and doors.
Action: Dismissed
Result:

16-10233

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10233
Ver.: 1
Agenda #: 22
Type: Code Violations
Title: Case # 16-1250 Frog's Key West, LLC Abigail Watts - Registered Agent 221 Duval St. Sec. 26-192 Unreasonably excessive noise prohibited Officer Jorge Lopez Certified Service: 9-6-2016 Initial Hearing: 9-28-2016 Repeat Violation New Case Count 1: Subject business had a excessive noise complaint with a 95.1 DBC reading.
Action: Violation Fine
Result:

16-10198

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10198
Ver.: 1
Agenda #: 23
Type: Code Violations
Title: Case # 16-505 Oropeza & Parks, CPAS - Registered Agent 1222 2nd St. DN Sec. 66-102 Dates due and delinquent; penalties Sec. 66-103 Transfer of license Officer Kenneth JW Waite Certified Service: 8-17-2016 Initial Hearing: 9-28-2016 In compliance August 26, 2016, request Finding of Violation without fees and fines Count 1: Failure to renew non-transient business license which expired 30 Sept 2015. Count 2: Failure to transfer non-transient business license.
Action: Violation Fine
Result:

16-10201

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10201
Ver.: 1
Agenda #: 24
Type: Code Violations
Title: Case # 16-914 Dominic Ip 1117 Fleming Street, 1 Sec. 18-117 (8) Acts declared unlawful Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 90-363 Certificate of occupancy - required Sec. 58-61 Determination and levy of charge Officer Kenneth JW Waite Certified Service: 8-17-2016 Initial Hearing: 9-28-2016 New Case Count 1: Failure to use a licensed contractor. Count 2: Failure to obtain required building permits for one legal unit (unit 1). The one illegal unit (unit 4), no building permits obtained. Count 3: Failure to obtain Certificate of Occupancy for the unit 4. Count 4: Failure to obtain required utilities for unit 4 and legal unit determination.
Action: Violation Fine
Result:

16-9151

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9151
Ver.: 1
Agenda #: 25
Type: Code Violations
Title: Case # 09-1501 Wells Fargo Bank, NA c/o Select Portfolio Servicing Choice Legal Group PA 908 Trinity Drive 4 Sec. 14-37 Building permits, professional plans, display of permits Officer Jim Young Certified Service: 7-29-2016 - Select Portfolio Servicing Certified Service: 7-28-2016 - Choice Legal Group Initial Hearing: 3-30-2016 Continued from August 31, 2016 FYI: On May 10, 2011, Planning Department received a variance request for an after the fact accessory unit which was constructed without building permits or a Certificate of Occupancy. The variance request was for building coverage, impervious surface ratio, and side and rear yard setback requirements. The variance was denied at the Planning Board Hearing of July 21, 2011. The Planning Board Resolution 2011-036 went into effect on August 2, 2011. There was no appeal to the City Commission. The construction of the accessory unit, if a permit was submitted, would not have been approved for the above reasons. This accessory unit must be demolished to bring this property into compliance. Count 1: An exterior unit
Action: Violation Fine
Result:

16-9876

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9876
Ver.: 1
Agenda #: 26
Type: Code Violations
Title: Case # 13-1011 David & Marjorie A Rodriguez 1819 Venetia Street Sec. 66-87 Business tax receipt required for all holdings themselves out to be engaged in business Sec. 90-363 Certificate of occupancy required Officer Jim Young Certified Service: 6-18-2016 Initial Hearing: 7-27-2016 In compliance September 28, 2016, request dismissal Count 1: This property is being rented without the benefit of a non-transient business tax receipt. Count 2: This property has not been issued a certificate of occupancy.
Action: Dismissed
Result:

16-9878

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9878
Ver.: 1
Agenda #: 27
Type: Code Violations
Title: Case # 13-1012 David & Marjorie A. Rodriguez 1823 Venetia Street Sec. 66-87 Business tax receipt required Sec. 90-363 Certificate of occupancy required Officer Jim Young Certified Service: 6-18-2016 Initial Hearing: 7-27-2016 In compliance December 20, 2016, request dismissal Count 1: This property is being rented without the benefit of a non-transient business tax receipt. Count 2: There is no certificate of occupancy for the subject property.
Action: Continuance
Result:

16-9880

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9880
Ver.: 1
Agenda #: 28
Type: Code Violations
Title: Case # 15-1237 Ann McFarland Wardlow Building Group 1314 William Street Sec. 14-37 Building Permits Sec. 14-40 Permits in Historic District Officer Jim Young Certified Service: 6-15-2016 - Ann McFarland Initial Hearing: 7-27-2016 New Case Count 1: Failure to obtain building permits for removal/replacement of two windows. Notice of code violation was issued on Jan. 5, 2016. Count 2: Failure to obtain HARC Certificate of Appropriateness for removal/replacement of two windows.. A notice of code violation was issued on Jan. 5, 2016.
Action: Dismissed
Result:

16-10077

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10077
Ver.: 1
Agenda #: 29
Type: Code Violations
Title: Case # 16-1033 Tina Marie Godfrey Fogarty Avenue & 3rd Street Sec. 42-1 (c) Offenses under state law Hand Served: 9-1-2016 Continued from September 28, 2016
Action: Continuance
Result:

16-10230

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10230
Ver.: 1
Agenda #: 30
Type: Code Violations
Title: Case # 16-1220 Hannah Louise Hunt 3126 Flagler Avenue Sec. 42-1 (c) Offenses under state law Certified Service: 8-25-2016 In compliance August 23, 2016, request dismissal
Action: Dismissed
Result:

16-10254

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10254
Ver.: 1
Agenda #: 31
Type: Code Violations
Title: Case # 16-1291 Melissa Cerullo 1500 Block of Flagler Sec. 42-1 (c) Offenses under state law Certified Service: New Case
Action: Dismissed
Result:

16-9972

Fri, 23 May 2025 18:19:20 GMT

File #: 16-9972
Ver.: 1
Agenda #: 32
Type: HARC Appeals
Title: SMA 15-02 Far Niente, LLC Eric Detwiler and Elizabeth Ford Walter S. Szot and Dawn Szot David M. Keller and Janine C. Keller G.C.J., LLC Land Trust #426KW dated 2/11/2010 Duck and Dolphin Antiques, LLC Conch Republic Cycle, LLC Bike Fit Key West, Inc. 616 Eaton Street
Action: Continuance
Result:

16-10253

Fri, 23 May 2025 18:19:20 GMT

File #: 16-10253
Ver.: 1
Agenda #: 33
Type: Code Violations
Title: Case # 16-239 Christopher Belland Piper Smith 626 Grinnell St.
Action: Violation Fine
Result: