Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 12/21/2016 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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2017-7 11 Code ViolationsCase # 16-1399 Nir Sela David Mizrachi Lazy Days of Key West LLC 715 Duval Street Sec. 58-31 Container and receptacle requirements Officer Bonnita Badgett Certified Service: 11-22-2016 Initial Hearing: 12-21-2016 In compliance December 6, 2016, request Finding of Violation without fees or fines Count 1: For failure to place the trash in a container.Violation Fine  Action details Not available
16-10638 12 Code ViolationsCase # 16-336 Kevin & Karen J Craig 620 Thomas Street 288 Sec. 18-601 License required Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(8) Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) Count(s) 4-9 Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d)(9) Count(s) 10-17 Officer Peg Corbett Certified Service 11-29-2016 Initial Hearing: 12-21-2016 Settlement Agreement Count 1: The property was held out and rented on Nov 5 through Nov 13 and Nov 14 through Nov 20, 2016 without benefit of a transient rental business tax receipt. Count 2: The subject property is being rented transiently without a city, county or state license. The subject property does not have a medallion and has not had a fire inspection. Count 3: The property owner offered and executed a short term rental agreement with the mutual intent of the owner and tenant to sign a 30 day lease while noting that only 7 days of occContinuance  Action details Not available
16-10081 13 Code ViolationsCase # 16-1129 Key Cove Landing LLC Christopher Belland - Registered Agent 10 Key Cove Drive Sec. 18-601 License required - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings; regulations - Repeat Violation Officer Peg Corbett Certified Service: 8-12-2016 Initial Hearing: 8-31-2016 Settlement Agreement Count 1: For holding out/advertising for short term rentals on VRBO without a business tax receipt. City reserved the dates of 17 Sept 2016 through 23 Sept 2016 (6 nights) for $4,035.60. Count 2: For holding out/advertising for short term rentals without the requisite state and county licenses, fire inspection and medallion. Counts 3 - 8: Sec. 122-1371 (d) 9: For holding out/advertising for short term rentals when it is not permitted. Previous case was 15-249 where Mr. Belland signed a Settlement Agreement.Continuance  Action details Not available
16-10082 14 Code ViolationsCase # 16-1130 Key Cove Landing LLC Christopher Belland - Registered Agent 10 Key Cove Drive Sec. 18-601 License required - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings; regulations - Repeat Violation Officer Peg Corbett Certified Service: 8-12-2016 Initial Hearing: 8-31-2016 Settlement Agreement Count 1: For holding out/advertising for short term rentals on www.homeaway.com without a business tax receipt. City reserved the dates of 17 Sept 2016 through 23 Sept 2016 (6 nights) for $4,035.60. Count 2: For holding out/advertising for short term rentals without the requisite state and county licenses, fire inspection and medallion. Counts 3 - 8: Sec. 122-1371 (d) 9: For holding out/advertising for short term rentals when it is not permitted. Previous case was 15-249 where Mr. Belland signed a Settlement Agreement.Continuance  Action details Not available
16-10089 15 Code ViolationsCase # 16-1167 Key Cove Landing LLC Christopher Belland - Registered Agent 4 Key Cove Drive Sec. 18-601 License Required - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings; regulations - Repeat Violation Officer Peg Corbett Certified Service: 8-16-2016 Initial Hearing: 8-31-2016 Settlement Agreement Count 1: Being held out/advertised on VRBO for short term rental without the required business tax receipt. City reserved the dates of 17- Sept 2016 through 23 Sept 2016 for $3,979.35. Mr. Belland was previously cited for the same charge and signed a Settlement Agreement for case number 15-249. Count 2: The property is being held out/advertised for short term rental without the requisite city, county and state licensing. The property does not have a transient medallion and has not been inspected by the Fire Department. Counts 3 - 8: Sec. 122-1371 (d) 9: The property is being held out/advertised for short term rental for six nights beginning 17 Sept 2016 for $3,979.35 without the benefit of a transient license.Continuance  Action details Not available
16-10090 16 Code ViolationsCase # 16-1169 Key Cove Landings LLC Christopher Belland - Registered Agent 4 Key Cove Drive Sec. 18-601 License Required - Repeat Violation Sec. 122-1371 Transient living accommodations in residential dwellings; regulations - Repeat Violation Officer Peg Corbett Certified Service: 8-16-2016 Initial Hearing: 8-31-2016 Settlement Agreement Count 1: Being held out/advertised on www.homeaway.com for short term rental without the required business tax receipt. City reserved the dates of 17- Sept 2016 through 23 Sept 2016 for $4,016.35. The property is advertised with a four night minimun. Mr. Belland was previously cited for the same charge and signed a Settlement Agreement for case number 15-249. Count 2: The property is being held out/advertised for short term rental without the requisite city, county and state licensing. The property does not have a transient medallion and has not been inspected by the Fire Department. Counts 3 - 8: Sec. 122-1371 (d) 9: The property is being held out/advertised for short term rental for six nights beginning 17 Sept 2016 for $4,016.35 without the beContinuance  Action details Not available
2017-9 17 Code ViolationsCase # 16-1402 James R McCarthy Estate 1409 Whalton Street Sec. 26-126 Clearing of property of debris and noxious material required Officer Sophia Doctoche Certified Service: 11-9-2016 Initial Hearing: 12-21-2016 In compliance November 21,2016, request dismissal Count 1: For failure to clear the property of long grass and debris.Dismissed  Action details Not available
2017-6 18 Code ViolationsCase # 16-1398 Suzana Dragacevac 68 Seaside North Court FBC 1612.4 [ASCE 24-05] Unprotected Enclosed Structures Below Design Flood Elevation Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Mechanical Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Plumbing Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Electrical Sec. 14-262 Requests for inspection, required Sec. 66-87 Business tax receipt required FBC 1612 & ASCE 24-05 [Sections 7.2, 7.3 & &.4] Plumbing/Electrical/Mechanical Installed/Constructed Below Flood Officer Scott Fraser Hand Served: 1-9-2017 Initial Hearing: 12-21-2016 In compliance April 10, 2017, fees still due Count 1: Within a FEMA designated AE-8 flood zone, open area has been enclosed, contrary to flood damage prevention provisions. Count 2: Within a FEMA designated AE-8 flood zone, Respondent did install or allow to be installed, electronic devices/appliances below established flood safety levels. Count 3: Within a FEMA designated AE-8 Continuance  Action details Not available
16-9900 19 Code ViolationsCase # 16-532 Truman Books & Video Ms. Terry G. Galardi - Business Owner Ms. Patricia Burnside - Register Agent Mr. Michael L. Browning Trust 6.28.91 - Property Owner 922 Truman Avenue Sec. 14-40 Permits in historic districts Officer Leonardo Hernandez Certified Service: 6-21-2016 - Business Owner Certified Service: 6-22-2016 - Registered Agent Initial Hearing: 7-27-2016 In compliance December 5, 2016, request Finding of Violation without fees or fines Count 1: For failure to obtain a certificate of appropriateness for exterior paintingViolation Fine  Action details Not available
16-10229 110 Code ViolationsCase # 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.Dismissed  Action details Not available
2017-4 111 Code ViolationsCase # 16-1248 William D Letrick 1801 N Roosevelt Blvd King Fish Pier 39-41 Sec. 14-185 Compartmentation and flotation devices Officer Leonardo Hernandez Posted: 9-8-2016 Initial Hearing: 12-21-2016 In compliance March 10, 2017, request dismissal Count 1: For failure to repair/secure the hull of the floating home that came loose exposing the floor joists and subfloor.Continuance  Action details Not available
2017-14 112 Code ViolationsCase # 16-1573 Peter Nelson Brawn 1413 South Street Sec. 26-197 Animals Officer Leonardo Hernandez Certified Service: 12-1-2016 Initial Hearing: 12-21-2016 Continued from December 21, 2016. Count 1: This is the 5th complaint in the past 5 years for barking dogs. Previous cases: 16-107, 15-976, 13-1528 and 12-1337.Continuance  Action details Not available
2017-17 113 Code ViolationsCase # 16-1574 Armando Parra Jr. 3208 Flagler Avenue Sec. 74-31 Unlawful deposits Leonardo Hernandez Certified Service: 11-25-2016 Initial Hearing: 12-21-2016 Settlement Agreement Count 1: For illegally dumping cooking grease down the storm drain.Violation Fine  Action details Not available
16-10232 114 Code ViolationsCase # 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.Continuance  Action details Not available
16-10637 116 Code ViolationsCase #16-306 Anthony Lazarus & Brenda Lynch 628 Elizabeth Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in the historic district Sec. 14-262 Request for inspection Officer Jorge Lopez Certified Service: 11-1-2016 Initial Hearing: 12-21-20126 In compliance January 25, 2017, request dismissal Count 1: A shed was built without the benefit of a building permit. Count 2: A shed was built without the benefit of a certificate of appropriateness. Count 3: Electricity was added to the shed. Electrical work requires a final inspection.Continuance  Action details Not available
16-9153 115 Code ViolationsCase # 15-1192 Cary Robert Hanson - Property Owner Asta Parking Inc. Prakash R Patel, Registered Agent 515 Angela Street 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 ratio of one per twenty-five Sec. 114-104 Restrictions on number of signs permitted Officer Jorge Lopez Certified Service: 2-16-2016 - Property Owner Certified Service: 2-8-2016 - Registered Agent Initial Hearing: 3-30-2016 Request dismissal Count 1: A business tax receipt is required for the public parking lot. Count 2: For failure to obtain a certificate of appropriateness for the 7 signs. Count 3: A Kiosk and 7 signs were installed without benefit of the required building/electrical permits and inspections. Count 4: The parking facility does not have the requisite amount of accessible parking spaces. Count 5: Restriction on number of signs permitted.Dismissed  Action details Not available
16-10660 117 Code ViolationsCase # 16-401 EWL Holdings, Inc. Christopher B Waldera, Registered Agent Daisy Reyes 3124 Flagler Avenue Sec. 90-358 Building permit time limitations Officer Jorge Lopez Certified Service: 11-30-2016 - Waldera Certified Service: 12-5-2016 - Reyes Initial Hearing: 12-21-2016 In compliance December 9, 2016, request dismissal Count 1: A building permit extension was obtained on 31 May 2016 for the plumbing permit. To date, the inspection has not been requested.Dismissed  Action details Not available
16-9909 118 Code ViolationsCase # 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 readyDismissed  Action details Not available
16-10338 119 Code ViolationsCase # 16-939 R R Beason Jr Trust 12/18/2000 1603 Von Phister Street Sec. 14-37 Building permits; professional plans; display of permit; address; exception Officer Jorge Lopez Officer Scott Fraser Certified Service: 10-5-2016 Initial Hearing: 10-19-2016 Continued from August 30, 2017 for status/compliance Count 1: For failure to obtain building permits for the interior and exterior renovations.Continuance  Action details Not available
16-10203 120 Code ViolationsCase # 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.Continuance  Action details Not available
16-10391 121 Code ViolationsCase # 16-1403 808 Southard Street, LLC Peter Brawn - Owner G, B&B-B Registries, LLC - Registered Agent 812 Southard Street Sec. 26-126 Clearing of property of debris and noxious material required Sec. 62-31 Maintenance of area between property line and adjacent paved roadway - Request dismissal of count 2 Officer Jorge Lopez Certified Service: 10-20-2016 - Registered Agent Certified Service: 11-02-2016 - Owner Initial Hearing: 11-16-2016 Continued from December 21, 2016. Count 1: Failure to cut overgrown weeds and remove trailer loaded with debris and bulk waste to avoid unsightly and unsanitary conditions. Count 2: Failure to clean up debris accumulated on the sidewalk.Continuance  Action details Not available
16-10392 122 Code ViolationsCase # 16-1410 Richard Dostal & Kelly Spero 208 Truman Avenue Sec. 26-126 Clearing of property of debris and noxious material required Sec. 108-677 Parking storages of certain vehicles Officer Jorge Lopez Certified Service: 10-24-2016 Initial Hearing: 11-16-2016 In compliance December 21, 2016, request dismissal Count 1: Failure to clear yard debris which can be a breeding place for vermin, and/or create a nuisance or other unsightly or unsanitary condition. Count 2: Failure to remove or put in a completely enclosed building an unlicensed vehicle.Dismissed  Action details Not available
2017-10 123 Code ViolationsCase # 16-1424 Elysse of Key West, Inc. Judith Greenberg, Registered Agent Beach Club 216 Duval Street Sec. 18-415 Restrictions in historic districts Sec. 18-192 Permit required Officer Jorge Lopez Certified Service: 10-20-2016 Initial Hearing: 12-21-2016 Settlement Agreement Count 1: For off premises canvassing in a prohibited area (Duval Street). Count 2: For failure to obtain a business tax receipt for custom wearing apparel.Violation Fine  Action details Not available
2017-11 124 Code ViolationsCase # 16-1469 Kathryn Jarman 113 Petronia Street Sec. 6-2 Permit required; application; appeal; fees Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Officer Jorge Lopez Hand Served: 12-31-2016 Posted: 1-13-2017 Initial Hearing: 12-21-2016 Continued from January 25, 2017 Count 1: For performing in front of 724 Duval Street without the required permit. Count 2: For failure to obtain a business tax receipt prior to performing during the Bahama Village Goombay Festival.Continuance  Action details Not available
16-10351 125 Code ViolationsCase # 16-455 Donald R Lynch 820 Carsten Lane Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Counts 1 & 3; Count 2 - Dismissed Sec. 102-152 Required for permits - Count 4; Count 5 - Dismissed Sec. 90-142 Historic Architectural Commission Design Guidelines adopted - Count 6 - City has not met the burden of proof. Officer Jorge Lopez Certified Service: 2-3-2017 - Amended notice Posted: 3-30-2017 Initial Hearing: 10-6-2016 In compliance 10 February 2020; request dismissal Count 1: For failure to obtain a building permit for the enclosure of the second story porch. Count 2: For failure to obtain a building permit for the exterior stairway. - Dismissed. Count 3: For failure to obtain a building permit and inspections for the plumbing that was installed. Count 4: For failure to obtain a certificate of appropriateness for the enclosure of the second story porch. Count 5: For failure to obtain a certificate of appropriateness for the exterior stairway. - Dismissed. Count 6: For failure to obtain a certificate of appropriateness for the sateContinuance  Action details Not available
16-10337 126 Code ViolationsCase # 16-861 Interstate Enterprises Group, Inc. 901 White Street 903 Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-262 Request for inspection Sec. 90-363 Certificate of occupancy - required - Request dismissal Sec. 58-61 Determination and levy charge - Request dismissal Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business - Request dismissal Officer Kenneth JW Waite Certified Service: 9-15-2016 Initial Hearing: 10-19-2016 In compliance March 17, 2017, fees pending Count 1: For failure to obtain a building permit for the pool house which contain windows. Original permit was for a shed only without windows. Count 2: For failure to obtain an electrical permit/inspection for the window air conditioner that was installed in the pool house. Count 3: For failure to obtain a certificate of occupancy. Pool house is being advertised as a rental unit. Count 4: The pool house does not have the required utility accounts or legal unit determination. Count 5: For failure to obtain a business tax receiContinuance  Action details Not available
2017-12 127 Code ViolationsCase # 16-1523 KDA Group Inc. D'Or 24K KW Elidor Oz 291 Front Street Sec. 18-705 Requirements of permit holder Officer Kenneth JW Waite Hand Served: 11-4-2016 Initial Hearing: 12-21-2016 Continued from February 15, 2017 Repeat Violation Count 1: For failure to supply the customer a pre-written statement prior to applying lotion.Continuance  Action details Not available
2017-13 128 Code ViolationsCase # 16-1567 Maricella Diaz 423 Duval Street Sec. 18-415 Restrictions in historic district (b) (1) (a) Officer Kenneth JW Waite Hand Served: 11-21-2016 Initial Hearing: 12-21-2016 Settlement Agreement Count 1: For off premises canvassing (Employee: Joshua R Rios) in a prohibited area (Duval Street).Violation Fine  Action details Not available
16-9878 129 Code ViolationsCase # 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.Dismissed  Action details Not available
2017-18 130 LiensCase # 16-1609 Charles W Brockunier 1100 Simonton Street Sec. 42-1 Offenses under state law (c) (1) Certified Service: Initial Hearing: 12-21-2016 Request dismissal   Action details Not available