CODE ENFORCEMENT HEARING
City Hall, 516 8th Avenue West, Palmetto, FL 34221
Special Magistrate: Regina Kardash, Esq.
December 3, 2019
Magistrate Kardash called the meeting to order at 6:00 p.m., followed by a moment of silence and the Pledge of Allegiance. Ms. Kardash explained the quasi-judicial procedures of this hearing. All people planning to address the Magistrate were duly sworn.
1. ADDITIONS OR DELETIONS TO AGENDA
Heard case D and then case B because respondents had come to the Hearing
2. APPROVE MINUTES (TAB 01)
A. Minutes: Citation Appeal November 13, 2019
B. Minutes: Code Enforcement Hearing October 29, 2019
3. PUBLIC HEARINGS
A. Compliance Cases
Magistrate will hear cases that came into compliance after the 12/03/19 Agenda was posted.
B. Case No. 19-25 (TAB 02)
Luc and Marie Francois
1695 14th Avenue Wet
Palmetto, FL 34221
Violation Location: 1695 14th Street West, Palmetto, FL 34221
Codes Violated: Appendix B, Article VI, Section 6.7 (b)- Swimming pools, Enclosure; as described in Chapter 4 Florida Building Code, Section 454.2.17- Residential swimming barrier; Chapter 16, Section 16.26(14)- trees, shrubs, or other landscaping that threaten or endanger
Code Enforcement Officer Kathy Riley submitted details and photos which have been made a part of these minutes. Initial site visit August 8, 2019. After multiple re-inspections and two suggested solutions, the palm tree is gone but the swimming pool is still not screened or fenced.
Son, Guy Francois spoke to represent the family. He opined even a cat cannot squeeze through the child safety fence. Magistrate Kardash reviewed building codes. Continue to January 28, 2019 meeting. Bring photos of how fence is mounted and proof that it is secure. Magistrate Kardash asked for a copy of the fence violations.
STIPULATION: Continued to January 28, 2020
C. Case No. 19-27
L. Edwin Rodgers
PO Box 51081
Sarasota, FL 34232-0309
Violation Location: 800 6th Avenue West, Palmetto, FL 34221
Codes Violated: Chapter 7, Section 7.238 (a)- Windows
Code Enforcement Officer Kathy Riley submitted details and photos of the case for the Magistrates consideration. Evidence has been made a part of these minutes. Landlord stated the windows would be fixed by October 9-10. Multiple site visits including one as late as December 3, 2019 revealed the windows are still in violation.
No respondent violation 30 days to come into compliance. Heard again 1/28
D. Case No. 19-28
1202 Dr. Martin Luther King Jr. Place
Palmetto, FL 34221
Violation Location: 1202 Dr. Martin Luther King Jr. Place, Palmetto, FL 34221
Codes Violated: Article III, Section 7-31- Florida Building Code adopted by reference; Florida Building Code 6th Edition (2017) Building- Chapter 1, Scope and Administration, Part 1, Scope and Application- Section 105 Permits, A-105.1 Required
Code Enforcement Officer Kathy Riley reviewed details and photos which have been made a part of these minutes. Initial site visit July 29, 2019 revealed an unpermitted shed and an abundance of trash or debris. August 21, 2019 site visit revealed an unpermitted fence. October 1, permit application received at Public Works for fence and three wooden sheds. Only the fence was approved. Daughter Marisol translated for family at home and at the Hearing. Previous violations have been resolved.
Ignacio wondered why sheds are being targeted. He accepts the violation, he paid for a permit. He claims he was given permission a few years ago from the Building Department as long as the shed was not taller than the house. He will take them down, but he will need time. He said the sheds will be gone by January 28, 2020.
STIPULTION: Given until January 28, 2020 to
4. OLD BUSINESS
E. Case No. 19-23 (TAB 05)
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
Email and response from Allen Tusing. Original site visit June 11/15/19- Ms. Frandanisa spoke with Kathy Riley and sent notorized permission to remove wall. Original notorized permission arrived Moe Rayan will schedule the
SETTLEMENT: continue the case until January 28, 2019.
F. Case No. 19-24 (TAB 06)
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 submitted photos and details of the case. Heard 10/29/19, continued to 12/03/19 allowing more time for the respondent to get a permit for his shed. Violation
STIPULATION: violation, given 7 days to get permit.
5. NEW BUSINESS
The next Code Enforcement Hearing is scheduled for Tuesday, January 28, 2020.
6. ADJOURNMENT Magistrate adjourned the meeting at 6:59 p.m.
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 email@example.com or firstname.lastname@example.org.
POSTED: November 18, 2019