AGENDA
CODE ENFORCEMENT HEARING
City Hall, 516 8th Avenue West, Palmetto, FL 34221
Special Magistrate: Regina Kardash, Esq.
October 29, 2019
6:00 p.m.
Special Magistrate Regina Kardash called the meeting to order at 6:01 p.m. followed by a moment of silence and the Pledge of Allegiance. She explained the quasi-judicial procedures in effect during the hearing. Two disclosures 19-09, issuance of the permit will not effect 19-20- issuance of a permit from the building department.
1. ADDITIONS OR DELETIONS TO AGENDA
No changes were made to the agenda.
2. APPROVE MINUTES
Magistrate Kardash approved the September 24, 2019 Minutes as written.
3. PUBLIC HEARINGS
A. Compliance Cases
The following case(s) came into compliance after the 10/29/19 Agenda was posted.
B. Case No. 19-22 – Davis; 1402 14th Street West
B. Case No. 19-22 COMPLIANT
Lemanthius Davis
8078 Country Run Parkway
Orlando, FL 32818
Violation Location: 1402 14th Street West, Palmetto, FL 34221
Codes Violated: Chapter 15, Section 15-2 – Separation of refuse and yard trash required
STIPULATION: Magistrate Kardash determined the property is in compliance and no further action is needed.
C. Case No. 19-23 (TAB 03)
Katherine A. Funk Frandanisa
8624 Artillery Road
Manassas, VA 20110
Violation Location: 505 and 507 14th Avenue West, Palmetto, FL 34221
Codes Violated: Chapter 7, Section 7.181 (1, 3- a, b) Definitions; Chapter 16, Article II- Nuisances, Section 16-27 (a, b, c) – Prohibition and enforcement
Code Enforcement Officer Kathy Riley reviewed details and photos pertaining to the case. Two utility liens, 24 1220.66 507 14th 3525.35 through 10/31/19. Magistrate Kardash clarified the mailing address in Ohio and Virginia, according to Property Appraisers website. Letter from Public Works to remove stone fence for no more than $800. Shrubs were cut by the City, no action by the Respondent to repair the wall.
STIPULATION: Respondent is given 30 days to repair or replace or remove fence
D. Case No. 19-24
Nicholas Joseph Florio
1409 7th Street West
Palmetto, FL 34221
Violation Location: 1409 7th Street West, Palmetto, FL 34221
Codes Violated: Article III, Section 7-31- Florida Building Code 6th Edition (2017) Building- Chapter 1, Scope and Administration, Part 1, Scope and Application- Section 105 Permits, A-105 Permits, A-105.1- Required
Code Enforcement Officer Kathy Riley September 3, 2019 initial site visit, no permit. Multiple re-inspections- no permit, but no further work on the shed. Respondent came in to Public Works for permit.
Mr. Florio bought shed at Lowe’s, they indicated only need permit if more than 120 sq. ft. Officer Riley clarified Manatee County rules are different than the City of Palmetto. Respondent has all the paperwork, and understands the windload and permit procedures
STIPULATION: continued to December 3rd
4. OLD BUSINESS
E. Case No. 19-17
Paul N. Wolfe
1222 12th Avenue West
Palmetto, FL 34221
Violation Location: 1222 12th Avenue West, Palmetto, FL 34221
Codes Violated: Chapter 18, Section 18-1- Definitions; Section 18-3- Abandoned personal property, motor vehicles and vessels declared nuisances; Section 18-7- Storage of abandoned motor vehicles or vehicles on privately owned property; Section 18-8- Evidence; Section 18-9- Enforcement and responsibility for disposition; Appendix B, Article VI, Section 6.3- Repair of automobile or motor vehicle in residential districts
Code Enforcement Officer Kathy Riley reviewed details and photos of the case given until 10/15 to come into compliance. Mary Masteson and Paul Wolfe offered a number of excuses but were not willing to comply with City Ordinances. said Mr. Wolfe was not feeling well. Mr. Wolfe said he did not have keys. Administrative costs 345.00 because they have been not been cooperative.
SETTLEMENT: Motor home is not in compliance beginning October 10, 2019 $10/ day for motor home. Mercury $5/day fine October 10 until they show it is operable. Assess fines
F. Case No. 19-18 (TAB 06)
Oscar C. Randolph
Michelle A. Randolph
1903 5th Avenue West
Palmetto, FL 34221
Violation Location: 1903 5th Avenue West, Palmetto, FL 34221
Codes Violated: Chapter 16, Section 16.26 (3)- Overgrown Property; Chapter 18, Section 18-1- Definitions; Section 18-3- Abandoned personal property, motor vehicles and vessels declared nuisances; disposal; Section 18-6- Immunity of city personnel; Section 18-7- Storage of abandoned motor vehicles or vehicles on privately owned property; Section 18-8- Evidence; Section 18-9- Enforcement and responsibility for disposition
Code Enforcement Officer Kathy Riley
SETTLEMENT: Compliance
G. Case No. 19-19 (TAB 07)
Gabriel Betancourt
Cornelia Betancourt
702 12th Street Drive West
Palmetto, FL 34221
Violation Location: 702 12th Street Drive West, Palmetto, FL 34221
Codes Violated: Chapter 6, Section 6.31- Chickens on residential property; Chapter 16, Section 16.26 (2)- Accumulation of Garbage; Chapter 18, Section 18-1- Definitions; Section 18-3- Abandoned personal property, motor vehicles and vessels declared nuisances; Section 18-6- Immunity of city personnel; Section 18-7- Storage of abandoned motor vehicles or vehicles on privately owned property; Section 18-8- Evidence; Section 18-9- Enforcement and responsibility for disposition
Code Enforcement Officer Respondent given until 10/10 to repair Ford
Expedition and flat tires, registration for trailer, remove rooster. Trailer
not in repair
SETTLEMENT: Compliance for Ford Expedition. Not in compliance on trailer. Fine $5.00 from 10/10/19 to bring trailer into compliance. Assess Administrative costs 345.00
H. Case No. 19-20 (TAB 08)
Linda F. Lopez
Jose R. Alvarez-Lopez
1901 5th Avenue West
Palmetto, FL 34221
Violation Location: 1901 5th Avenue West, Palmetto, FL 34221
Codes Violated: Article III, Section 7-31- Florida Building Code 6th Edition (2017) Building- Chapter 1, Scope and Administration, Part 1, Scope and Application- Section 105 Permits, A-105.1 Required; Article VI, Section 6.8- Accessory structures; Chapter 16, Section 16.26 (6)- Unauthorized storage of construction materials
Magistrate Kardash and Officer Riley spoke after the last hearing about Requirements for building permits, engineering opinion Given until 10/24/19 to correct violations. Building materials were removed, application for permit. Building Inspector refused the permit, no windload requirements from engineers report.
SETTLEMENT: Not in compliance, but no follow through $5.00/ day from 10/24/19. Permit or take shed down. Case closed when permit has been approved or shed has been removed. Until then, fine continues. Administrative costs 275.00
I. Case No. 19-13 (TAB 09)
Ginger VanGemert
800 25th Avenue West
Palmetto, FL 34221
Violation Location: 608 17th Avenue West, Palmetto, FL 34221
Codes Violated: Chapter 15, Section 15.7(b)- Yard, Waste Cans & Bundles
Code Enforcement Officer Kathy Riley stated the August 27 case was continued to Sept 24, fallen tree still lays in yard given until 10/24/19 to remove tree. Reinspection as of 10/24/19 and again today shows tree has not been removed.
SETTLEMENT: $25/ day retro 10/24/19 Administrative costs $355.00
J. Case No. 19-15 (TAB 10)
NABS Corporation
1518 8th Avenue West
Palmetto, FL 34221
Violation Location: 715 16th Street West, Palmetto, FL 34221
Codes Violated: Chapter 7, Section 7.181 (3-a, b) Unsafe fence
Code Enforcement Officer Kathy Riley 8/27, given until 10/28 to repair or remove fence. AS of today, fence has been repaired .
SETTLEMENT: compliance no administrative costs
5. NEW BUSINESS
The next Code Enforcement Hearing is scheduled for Tuesday, December 3, 2019.
6. ADJOURNMENT 6:59
If any person desires to appeal any decision of the Code Enforcement Hearing, or of any other Board of the City, that person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Fla. Stat. §286.0105).
The City of Palmetto does not discriminate on the basis of race, color, national origin, sex, religion, age, marital status or handicapped status in employment or in the provision of services. Handicapped individuals may receive special accommodation in services with a forty-eight hour notice (Fla. Stat. §286.26).
Anyone requiring reasonable accommodation for this meeting as provided for in the Americans with Disabilities Act should contact the City Clerk at 941-723-4570, fax 941-723-4576 or e-mail jfreeman@palmettofl.org or pjohnston@palmettofl.org.
POSTED: October 11, 2019
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