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05/08/2018
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05/08/2018
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Last modified
1/11/2021 3:39:24 PM
Creation date
6/12/2018 2:40:07 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/08/2018
Meeting Body
Board of County Commissioners
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Subsequently, on June 12, 2015, the investigator from the Health Department issued <br />a Second Notice to Correct Violation ("Second Notice") against the property owner, <br />Mrs. Loretta Graves, for the following: (1) conducting open feeding practices on her <br />property creating a rodent breeding and harborage in violation of Florida law; (2) <br />keeping an abundance of debris on her property that allows for the breeding of flies, <br />mosquitoes, or other arthropods capable of transmitting diseases, directly or <br />indirectly to humans in violation of Florida law; and (3) failure to properly abandon <br />and seal a water well cut off near the ground surface which is capable of allowing <br />pollutants to enter and contaminate the ground waters of the State of Florida in <br />violation of Florida law. <br />To correct the violations of the Second Notice, the Respondent was told to do the <br />following within 30 days of receipt of the Second Notice: (1) provide evidence or <br />request a site re -inspection of the property to confirm that debris, solid waste and <br />other rodent harborage has been properly removed, disposed or stored in a manner <br />which minimizes the opportunity for breeding; (2) provide evidence or request a site <br />re -inspection of the property to confirm that debris, solid waste and containers are <br />properly removed, disposed or stored in a manner which minimizes the collection of <br />storm water collection and mosquito breeding; and (3) provide a written response <br />specifying dates and details of each and every act by you which she contends <br />constitute compliance or future compliance with the above requirements. The <br />Respondent was also told to provide for the proper abandonment of the improperly <br />abandoned well on the Subject Property by a licensed well driller within 10 business <br />days of receipt of the Second Notice. <br />After receiving the two notices, Mrs. Loretta Graves hired attorney Judy Graves <br />("Attorney Graves") to represent her. Attorney Graves reached out to the Health <br />Department to resolve some of the pending issues: On July 1, 2015, Health <br />Department staff, the attorney for Animal Control, a representative for Code <br />Enforcement, and Attorney Graves had a conference call to discuss the pending <br />violations and citations against Mrs. Loretta Graves and her property. During the call, <br />Judy Graves agreed to immediately clean the animal waste and the excess debris <br />from the property to abate the sanitary nuisances. The Health Department also <br />stated in a letter dated July 2, 2015, that the Mrs. Loretta Graves would be given until <br />July 11, 2015, to hire a licensed plumber to place a sanitary seal on the open water <br />well on her property. The Health Department made it clear that this would be a <br />temporary fix and that the property owner would be responsible for hiring a well <br />driller to get a permit and properly abandon the water well. <br />While the Health Department was told that the animal waste had been collected and <br />disposed of, there is no evidence that the areas exposed to animal waste had been <br />properly treated with Hydrated Lime. Moreover, neither the Department nor the <br />Indian River County Planning Department had received a site plan to operate a <br />noncommercial kennel on the property. Moreover, the Mrs. Loretta Graves had not <br />allowed the Health Department onto her property to reinspect the site to confirm that <br />the debris, solid waste, containers, and other rodent harborage has been properly <br />removed, disposed or stored in a manner which minimizes the opportunity for <br />breeding. The property owner also did not provide evidence that the water well was <br />either properly abandoned by a licensed well driller or that a licensed plumber placed <br />a sanitary seal on the water well. <br />5 1 P a g e <br />228 <br />
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