10/14/2014 (3) - Laserfiche WebLink

Home Browse Search

completed within sixty (60) days from the date of entry of the Order. Based on continued inactivity on the subject property a Lien in the amount of $42,500 was recorded on May 29, 2014 by the ECHB on the subject property. This matter came up for re -hearing before the Indian River County Environmental Control Board on June 5, 2014, as many months have passed and full compliance has not been achieved by the Respondent. A Second Order was entered into at the June 5, 2014 ECHB in which the Respondent is directed to immediately remove and abate all mosquito breeding areas upon the subject property including the removal of all trash and debris from the premises contributing to the harborage of mosquitoes, flies, and arthropods. The Respondent was directed to provide the Petitioner with a written commitment for payment for clean-up of the property to bring it into compliance by the property owner, Gaddis Capital Corporation within one week of the date of this Order. A written report within one week of the date of this Order detailing a proposed clean-up plan and the costs associated with clean- up would be provided by the Respondent along with weekly submittals of photos and a weekly written report via email to the Petitioner to update the ECHB as to the status of the clean-up efforts on the property. A representative of the Respondent shall appear at the August 7, 2014, ECHB to update the Board as to the status of progress of clean-up efforts on the property if compliance has not been achieved. If the terms of this Second Order, as detailed above are not complied with, the ECHB will immediately take action to appeal to the County Commissioners and will also involve other organizations to take criminal action against the Respondent as permitted by law. The ECHB will take any and all actions to achieve compliance within the confines of its Ordinance and Special Act and will take action pursuant to the Board's legal authority to lien any and all other properties owned by the Respondent for the value of the lien recorded against the subject property, to wit: $42,500.00. The ECHB hereby imposes an additional suspended Civil Penalty at the rate of $500.00 a day totaling $22,500.00 to become effective within 45 days of the date of this Order if the Respondent does not come into compliance and has not cleaned up the property within 45 days of the date of this Order. The ECHB will hear testimony at the August 7, 2014, ECHB and will entertain a reduction of the fine on record in the amount of $42,500.00 and will take action to satisfy the current lien recorded against the subject property if the property is brought into compliance within 45 days of the date of this Second Order. The Department continued to work with Joe Paladin, the POA for Gaddis Capital Corporation toward compliance. Case No. 515-13. 2. At all times pertinent to this action, Respondent Kathleen Dixon owns real property located at 442 Fordham Street, Sebastian, Florida 32958. On or about February 21, 2014, February 27, 2014, Petitioner conducted an inspection of the subject property and found an inoperable septic tank that had been improperly modified to include an illegal drainpipe that was found to be directly discharging sewage into a wet swale designed to convey storm water. The unapproved waste water discharge resulted in the ponding of improperly treated waste and the creation of a sanitary nuisance on the subject property and adjacent to the premises in violation of Chapter 386.041(1)(a)(b)(e), Florida Statutes. This infraction also led to the pollution of local waterways through the storm water system. The Respondent was directed to disconnect the illegal drainpipe from the onsite sewage treatment and disposal system and remove the materials from the site permanently and immediately. The Respondent was also directed to seal the former connection to the septic system using concrete or other appropriate means. All ponded sewage as well as the area of impact was directed to be disinfected using lime, and all spoils were directed to 237