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Meeting Name: Code Compliance Hearing Agenda status: Final
Meeting date/time: 3/28/2018 1:30 PM Minutes status: Final  
Meeting location: City Hall
Published agenda: Agenda Agenda Published minutes: Minutes Minutes  
Meeting video: eComment: Not available  
File #Ver.Agenda #NameTypeTitleActionResultAction DetailsVideo
2017-1224 11 Code ViolationsCase # 17-1028 Poinciana Park Partners, LLP - property owner Jean Prophete Senat - mobile home owner 1300 15th Court Lot 1 Sec. 14-37 Building permits; professional plans; display of permit; address; exceptions Officer Sophia Doctoche Certified Service: 8-28-2017 - property owner Certified Service: 8-21-2017 - mobile home owner Initial Hearing: 10-18-2017 In compliance 12 Mar 2018, request dismissal Count 1: For failure to a building permits to replace wallboard in the enclosure on the porch.Violation Fine  Action details Video Video
2017-1325 12 Code ViolationsCase # 17-1293 Marie Delus Poinciana Park Partners, LLP 1300 15th Court Lot 11 Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions. Officer Sophia Doctoche Certified Service: 10-16-2017 - Marie Delus Initial Hearing: 11-15-2017 Continued from 28 Feb 2018 for compliance Count 1: Construction of an addition to the subject property without benefit of required permits.Violation Fine  Action details Video Video
2017-1431 13 Code ViolationsCase # 17-1312 George & Leonor Pallas 1125 Washington Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Counts 1 & 2 Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business - Count 3 & 4 Sec. 90-363 Certificate of Occupancy - required - Counts 5 & 6 Sec. 58-61 Determination and levy of charge - Counts 7 & 8 Officer Sophia Doctoche Certified Service: 11-17-2017 Initial Hearing: 12-20-2017 In compliance 30 Apr 2018, request dismissal Counts 1 & 2: For failure to obtain a building permit for converting the property from 3 units to 5 units. Counts 3 & 4: For failure to obtain a business tax receipt for units 4 and 5. Counts 5 & 6: For failure to obtain a certificate of occupancy for unit 4 and for unit 5. Counts 7 & 8: The subject property has 3 utility accounts associated with the property. The accounts do not reflect the 2 unrecognized units.Continuance  Action details Video Video
18-1931 14 Code ViolationsCase # 17-1391 Steven E Ness 1319 United Street 1 Sec. 26-126 Clearing of property of debris and noxious material required - Dismissed Sec. 26-32 Nuisances illustrated - Dismissed Sec. 26-31 Offensive and nuisance conditions prohibited - Dismissed Sec. 62-2 Obstructions - Dismissed Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 90-363 Certificate of occupancy - required Sec. 58-61 Determination and levy of charge Officer Sophia Doctoche Certified Service: 2-28-2018 Initial Hearing: 3-28-2018 In compliance 26 Jun 2018; request dismissal Count 1: For failure to clear the property of all unsightly or unsanitary conditions. Count 2: For leaving dirty bowls/plates out on the right of way for the chickens that cause a foul odor in the neighborhood. Count 3: For failure to clean the property of all food, containers and debris left outside. Count 4: For obstructing the right of way with bowls, plates, pots and pans to use for feeding the chickens.Continuance  Action details Video Video
18-1786 15 Code ViolationsCase # 17-1499 1018 Truman LLC 844 Olivia Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Sec. 14-262 Request for inspection Officer Sophia Doctoche Certified Service: 2-26-2018 Initial Hearing: 2-28-2018 In compliance 9 Mar 2018, request dismissal Count 1: For failure to obtain an electrical permit for installation of the security cameras. Count 2: For failure to obtain a certificate of appropriateness for installation of the security cameras. Count 3: For failure to obtain inspections for the electrical work.Dismissed  Action details Video Video
18-1930 16 Code ViolationsCase # 14-623 Wilbur Wright 725 LLC Peter Williams 1724 Bahama Drive Sec. 90-363 Certificate of occupancy - required Sec. 58-61 Determination and levy of charge - dismissed Officer Leonardo Hernandez Certified Service: Initial Hearing: 3-28-2018 In compliance 5 Apr 2018, request dismissal Count 1: For failure to obtain a certificate of occupancy for the additional unit. Count 2: For failure to pay the impact fees for the additional unit.Continuance  Action details Video Video
18-1695 17 Code ViolationsCase # 17-1261 Redmarq Homes LTD Co. - Dismissed James Lewis Redmond - Dismissed Marcel, Milan & Dominika Kozak - property owners 1501 Truman Avenue Down Rear Sec. 18-117 Acts declared unlawful - Dismissed Sec. 18-157 Employment of unlicensed persons prohibited - Dismissed Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Dismissed Sec. 14-40 Permits in historic districts Sec. 14-235 Permits required - Dismissed Sec. 14-327 Inspection - Dismissed Sec. 14-261 Failure to obtain - Request dismissal Sec. 14-262 Request for inspection Officer Leonardo Hernandez Certified Service: 12-6-2017 - property owners Initial Hearing: 1-3-2018 In compliance 22 Jun 2018; Administrative fees pending Count 1: For aiding and abetting unlicensed contractors. Count 2: Employment of unlicensed persons is prohibited. Count 3: For working over the scope of permit 17-2809. Count 4: A/C condensers were installed without the benefit of a Certificate of Appropriateness. Count 5: A mechanical permit is required to install a/c condensers. Count 6: Inspections are requiredContinuance  Action details Video Video
18-1795 18 Code ViolationsCase # 17-1277 Michael & Sophak Ngov 3713 Donald Avenue Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Officer Leonardo Hernandez Certified Service: 2-6-2018 Initial Hearing: 2-28-2018 Continued from 28 Feb 2018 for compliance Count 1: For failure to obtain a building permit for the roof and shed. Permits have been in the Planning Department since 16 Oct 2017 waiting several requirements from the owner, i.e. setbacks, site plan, impervious surface calculations, elevation drawings and the need of a survey.Violation Fine  Action details Video Video
18-1932 19 Code ViolationsCase # 17-1501 Melvin H Eaton 719 Waddell Avenue Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-40 Permits in historic districts Officer Leonardo Hernandez Certified Service: 2-12-2018 Initial Hearing: 3-28-2018 In compliance 27 Mar 2018, request dismissal Count 1: For failure to obtain a building permit for the fence that was built. Count 2: For failure to obtain a certificate of appropriateness for the fence that was built.Dismissed  Action details Video Video
18-1934 110 Code ViolationsCase # 17-1644 Poinciana Park Partners, LLC - property owner Louis Pierre Fils - mobile home owner 1300 15th Court 45 Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Officer Leonardo Hernandez Certified Service: 2-5-2018 - property owner Initial Hearing: 3-28-2018 In compliance 26 Feb 2018, request dismissal Count 1: For failure to obtain building permits for the roof, addition and interior work that has been done.Dismissed  Action details Video Video
18-1935 111 Code ViolationsCase # 17-1666 Dominika - Milan & Marcel Kozak 1501 Truman Ave Sec. 26-32 Nuisances illustrated Officer Leonardo Hernandez Certified Service: 2-14-2018 Initial Hearing: 3-28-2018 In compliance 22 Feb 2018, request dismissal Count 1: For failure to maintain the swimming pool.Dismissed  Action details Video Video
18-1936 112 Code ViolationsCase # 18-30 Lee F & Melaine Bennett 2811 Staples Avenue Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions FBC P2503.1 Inspections Sec. 66-87 Business tax receipt required for all holding themselves out to be engaged in business Sec. 90-363 Certificate of occupancy - required Sec. 58-61 Determination and levy of charge Officer Leonardo Hernandez Certified Service: 2-2-2018 Initial Hearing: 3-28-2018 Continued from 28 Mar 2018 for compliance Count 1: For failure to obtain building permits for the kitchen, storage room, wall siding and ceiling work that was done. Count 2: For failure to obtain inspections for plumbing work. Count 3: For failure to obtain a business tax receipt to rent. Count 4: For failure to obtain a certificate of occupancy for the second unit. Count 5: For failure to obtain utility accounts for the second unit.Continuance  Action details Video Video
2017-1318 113 Code ViolationsCase # 16-1570 Robert Reilly Nicola Roques 1535 5th Street Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions FBC 1612.4 Flood Hazard Construction & ASCE 24-05 Unprotected Enclosed Below Design Flood Elevation Sec. 122-238 Dimensional requirements. Paragraph 6, Section a. Single-family Officer Beau Langford Certified Service: 10-16-2017 Initial Hearing: 11-15-2017 In compliance 10 Dec 2018; Request dismissal Count 1: Construction of a new one room structure and roof structural changes to the original house have been made without the benefit of required permits. Count 2: Did install, or installing or allowed to be installed, an inhabitable structure within a FEMA designated AE-8 flood zone, below the minimum required elevation deemed necessary for flood damage prevention. Count 3: One room structure is currently being built within the rear setback of the property and possibly on top of a 10' utility easement.Continuance  Action details Video Video
18-1793 114 Code ViolationsCase # 18-17 Linda Rae Phillips 16 Starfish Pier Sec. 122-130 - Prohibited uses - Repeat violation Officer Beau Langford Certified Service: 2-7-2018 Initial Hearing: 2-28-2018 Continued from 28 Feb 2018 Count 1 through 7: For transiently renting the boat out on AIRBNB.com which is prohibited in the Conservation Zoning area. Was able to rent this property for 7 nights for a total of $1,463. This is a repeat violation, case 16-197 was found in violation. Other cases cited were 15-992, 15-991 and 15-990.Violation Fine  Action details Video Video
18-1794 115 Code ViolationsCase # 18-19 Linda Rae Phillips 11 Starfish Pier Sec. 122-130 Prohibited uses - Repeat violation Officer Beau Langford Certified Service: 2-7-2018 Initial Hearing: 2-28-2018 Continued from 28 Feb 2018 Count 1 through 7: For transiently renting the boat out on AIRBNB.com which is prohibited in the Conservation Zoning area. Was able to rent this property for 7 nights for a total of $1,446. This is a repeat violation, case 16-197 was found in violation. Other cases cited were 15-992, 15-991 and 15-990.Violation Fine  Action details Video Video
18-1784 116 Code ViolationsCase # 17-1283 Ted J McByrnett Estate Joseph Krygier 1007 Thomas Street Sec. 26-126 Clearing of property of debris and noxious material required Officer Wherden Charles Posted: 3-29-2018 Initial Hearing: 2-28-2018 Continued from 25 Apr 2018 for compliance Count 1: For failure to remove debris, garbage and rubbish from the property that have been determined to be a fire hazard.Continuance  Action details Video Video
2017-1222 117 Code ViolationsCase # 17-982 Sheila McFarland 1625 Flagler Avenue Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Officer Jorge Lopez Certified Service: 8-29-2017 Initial Hearing: 10-18-2017 Continued from 28 Feb 2018 for compliance Count 1: For exceeding the scope of the paving permit by installing pavers on the City right-of-way.Violation Fine  Action details Video Video
2017-1429 118 Code ViolationsCase # 17-1213 Erwin Mayer & Didier R Moritz - Dismissed Jean Lefils Bien - Mobile Home Owner 1300 15th Court Lot 77 Sec. 90-363 Certificate of Occupancy - required Sec. 58-61 Determination and levy of charge Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Amended Notice Officer Edward Keane Certified Service: 11-16-2017 Certified Service: 7-9-2019 - Amended - Tenant Certified Service: 7-15-2019 - Amended - Property Owner Initial Hearing: 12-20-2017 Continued from 28 August 2019 Count 1: For failure to obtain a certificate of occupancy for the addition that was built. Count 2: For failure to pay impact fees related to utilities. Count 3: For failure to obtain building permits for the addition to the trailer and for the installed plumbing. Count 4: For failure to obtain building permits for the addition to the trailer and for the installed plumbing.Continuance  Action details Video Video
18-1707 119 Code ViolationsCase # 17-1561 E & M Imports Inc. Eliran Damri - Registered Agent 120 Duval Street 122 Sec. 18-441 Required Officer Jorge Lopez Hand Served: 12-4-2017 Initial Hearing: 1-31-2018 The City requests dismissal of this case Count 1: On November 23, 2017, Code received a photograph and a video showing an employee (Nataliya Shkurat) from the subject business actively off premise canvassing in front of the store.Dismissed  Action details Video Video
18-1933 120 Code ViolationsCase # 17-1624 Jean Occean & Marie Noel 1213 14th Street Lot 204 Sec. 14-37 Building permits; professional plans; display of permits; exceptions; address Sec. 90-363 Certificate of occupancy - required Officer Jorge Lopez Certified Service: 3-1-2018 Initial Hearing: 3-28-2018 In compliance 16 Apr 2018, request dismissal Count 1: For failure to obtain a building permit prior to enclosing the porch. Count 2: For failure to obtain a certificate of occupancy for the additional room.Continuance  Action details Video Video
18-1797 121 Code ViolationsCase # 18-113 Richard Dostal 210 Truman Avenue Sec. 26-126 Clearing of property of debris and noxious material required Sec. 62-2 Obstructions - dismissed Officer Jorge Lopez Certified Service: 2-9-2018 Initial Hearing: 2-28-2018 Continued from 25 Apr 2018 for compliance Count 1: For failure to maintain the property. The yard is overgrown and there is bulk waste in the rear side of the property. Count 2: The fence that was blown down is obstructing the sidewalk and the safe passage of pedestrians.Continuance  Action details Video Video
18-1801 122 Code ViolationsCase # 18-124 Richard & Kelly S Dostal, Estate 208 Truman Avenue Sec. 26-126 Clearing of property of debris and noxious material required Officer Jorge Lopez Certified Service: 2-9-2018 Initial Hearing: 2-28-2018 In compliance 15 June 2018; administrative fees pending Count 1: For failure to maintain the property. It is overgrown and there are piles of yard debris and bulk waste. This property has previously been cited for the same conditions (Cases 15-918 and 16-1410).Continuance  Action details Video Video
16-10351 123 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 Beau Langford Certified Service: 2-3-2017 - Amended notice Posted: 3-30-2017 Initial Hearing: 10-19-2016 In compliance 28 October 2019; Fees Pending 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 satelliContinuance  Action details Video Video
2017-1427 124 Code ViolationsCase # 17-1198 Harold J Merritt II Marianne L Csigi 1301 Atlantic Drive Sec. 14-37 Building permits; professional plans; display of permits; address; exceptions - Dismissed Sec. 90-363 Certificate of Occupancy - required - Dismissed Sec. 58-61 Determination and levy of charge - Dismissed Sec. 14-262 Request for inspection - Dismissed FBC 1612.4 & ASCE 24-05 Floor hazard construction FBC 1612.5; ASCE 24-05 Sec 2.6 Flood venting required FBC 301.16 Flood hazard Scott Fraser Certified Service: 10-23-2017 Initial Hearing: 12-20-2017 Settlement Agreement Count 1: For failure to obtain building permits to convert the shed into habitable space. - Dismissed. Count 2: For failure to obtain a Certificate of Occupancy for the shed. - Dismissed. Count 3: For failure to obtain a solid waste account for shed. - Dismissed. Count 4: For failure to obtain an electrical inspection for installing electric in the storage area/habitable space below the house for the window air conditioners. - Dismissed. Count 5: For the construction of habitable space under the elevated home in a flood zone for usContinuance  Action details Video Video
18-1791 125 Code ViolationsCase # 18-06 Brian Sharples - Director - Counts 3 through 20 Corporation Service Company - Registered Agent D/B/A CSC - Lawyers Inc. - Counts 3 through 20 Michael J McMahon - Counts 1 through 20 107 Front Street Unit 217 Sec. 18-601 License required - Irreparable Sec. 122-1371 Transient living accommodations in residential dwellings; regulations Sec. 122-1371 Transient living accommodations in residential dwellings; regulations (d) (9) Officer Beau Langford Certified Service: 1-12-2018 - Brian Sharples Certified Service: 1-17-2018 - Corporate Service Company Posted: 2-27-2018 - Michael McMahon Initial Hearing: 2-28-2018 Continued from 27 March 2019 Count 1: During a routine inspection, found a black Cadillac parked in the subjects parking space. Made contact with Frances and Valerie Sirotzki inside the unit. Mrs. Sirotzki forwarded the rental agreement along with all correspondence between the couple, HomeAway and Michael J McMahon. Rental agreement was for 18 nights, dates of 19 Dec 2017 through 6 Jan 2018 for a total of $21,787,66. Count 2: The subject propeContinuance  Action details Video Video
18-1939 126 Code ViolationsCase # 18-86 Richard & Kathlyn Smith Daniel Max & Kathlyn Smith 1800 Atlantic Blvd A209 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)(9) Officer Kenneth JW Waite Certified Service: 2-5-2018 Initial Hearing: 3-28-2018 In compliance 22 Feb 2018, request a Finding of Violation without fees or fines Count 1: A transient rental license is required to rent the property transiently. Count 2: The subject property owner is holding out/advertising for short term rental without the benefit of the required city, county and state licensing and does not have a transient medallion and has not been inspected by the City of Key West Fire Department. Count 3-8: The subject property owner is holding out for transient rental for 6 nights the dates of 14 Apr 2018 through 20 Apr 2018 for a total of $2,789.00.Violation Fine  Action details Video Video
18-1941 127 Code ViolationsCase # 18-237 Pavla Boan Helena Brychta 2421 Flagler Avenue Sec. 18-601 License Required - Irreparable Sec. 122-1371 Transient living accommodations in residential dwellings - regulations Sec. 122-1371 Transient living accommodations in residential dwellings - regulations(d)(9) Officer Kenneth JW Waite Hand Served: 2-22-2018 Initial Hearing: 3-28-2018 Settlement Agreement Count 1: Irreparable - The subject property was rented transiently for the dates of 16 Feb 2018 through 18 Feb 2018 for a total of $907.20 by Cody Marks without the benefit of a transient license. Count 2: The subject property owner is holding out/advertising for short term rental without the benefit of the required city, county and state licensing and the subject property does not have a transient medallion and has not been inspected by the City of Key West Fire Department. Counts 3 and 4: The subject property owner(s) held out for transient rental to Mr. Marks for 2 nights the dates of 16 Feb 2018 through 18 Feb 2018 for a total of $907.20.Violation Fine  Action details Video Video