10/14/2014 (3) - Laserfiche WebLink

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second re -hearing on August 28, 2014, to give an update on the Subject Property's condition. The matter has been brought before the Board to clarify and document that the $42,500 lien filed on May 22, 2014, against the Respondent's real property at 4410 45th Street, Vero Beach, Florida included amounts relating to the initial civil penalty of $2,500, the suspended civil penalty of $20,000 if not complete in 30 days and the additional suspended civil penalty of $20,000 if not complete in 60 days from the day of the first Order. As required by the Second Order the Respondent took the following actions. Respondent began removing mosquito harborage on July 20, 2014. Within two days the most proximal harborage to the Community Center had been either removed or relocated for sorting at a distance greater than 300 feet. This distance would be the expected flight range of the mosquitos of concern. The Northern section of the Subject Property had been cleared by July 28, 2014, meeting the 45 day requirement for a portion of the property. Delays on implementation were associated with actions from previous property owner not providing site access, not providing for the electric power cancelation to a live meter, not removing equipment as requested by current property owner; weather with significant rain events; the encountering of comingled debris requiring hand sorting; the discovery of large concrete sections; the discover of hazardous materials; the proper location and evaluation of Gopher Tortoise burrows, and the contractor going through back surgery June 26, 2014. The requirement for the respondent to provide the Petitioner a written commitment for payment within one week of the order was provided by John M. Camillo Vice President of Gaddis Capital Corporation, on June 15, 2014, by e-mail letter. On July 18, 2014, Dr. David Cox reported that he had received a signed proposal for work to begin. Written e-mail reports and daily photographs as well as e-mails involving negotiations with contractors, Gaddis Capital Corporation and other parties began the next day after the hearing. Constant updates have come with details and result on a daily basis and continue today. The August 7, 2014 ECHB was rescheduled to August 28, 2014 and Joe Paladin, the Respondent's representative committed to provide a status report on the subject property. Additional enforcement action requests were not made because of efforts toward compliance made by the Respondent. The department requested that the Respondent begin by removing items with the potential of breeding mosquitos at the rear of the property moving toward the front of the property to better reduce the risk to the children using the athletic fields. Due to substantial progress made clearing surface debris including tires from the north end of the Subject Property adjacent to athletic fields department funds were not spent to lien all other properties owned by the Respondent for the value of the lien recorded against the Subject Property. The respondent acted diligently in correcting the violations upon the Subject Property. In addition to the violations described and enforced by the Hearing Board, other new violations of law previously not cited, were promptly corrected upon discovery. The following events and circumstances should be noted: The complexity of the solid waste and the sorting needed to properly characterize these wastes for proper disposal and worker safety was significant with each section of piled debris requiring close scrutiny for hazards and hands on labor. The proper recovery and disposal of drummed oil waste stored within the building was properly conducted. The proper abandonment of illegal septic systems was conducted with a licensed contractor and proper permits. The proper abandonment of the potable well by a 242