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SEBAST"
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5537 - FAX (772) 589-2566
SEBASTIAN CONSTRUCTION BOARD
REGULAR MEETING
October 22, 2013 &r 6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
ANNOUNCEMENTS
OLD BUSINESS: None
NEW BUSINESS:
VIOLATION HEARINGS:
IN THE MATTER OF MR. ROBERTO BERLINGIERI
DBA RIGHT CHOICE PLUMBING, LLC; STATE OF FLORIDA LICENSE NO. CFC 1427711
VIOLATION OCCURRED AT 1020 SEAMIST LN.
• CITY CODE OF ORDINANCE 26-172(1) — WILLFUL DISREGARD OF THE APPLICABLE
BUILDING CODES.>> FLORIDA BUILDING CODE 105. 1, PERFORMING WORK WITHOUT A
BUILDNG PERMIT
IN THE MATTER OF MR. PATRICK SILAS
DBA PATRICK L. SILAS JR LAND DEVELOPMENT CO. LLC; STATE OF FLORIDA LICENSE
NO. CBC 1254328
VIOLATION OCCURRED AT 107 DUBAN ST.
• CITY CODE OF ORDINANCE 26-172(5) - DIVERSION OF FUNDS RECEIVED FOR THE
COMPLETION OF A SPECIFIED CONSTRUCTION PROJECT OR OPERATION OR AS A RESULT
OF THE DIVERSION THE CONTRACTOR IS OR WILL BE UNABLE TO FILL THE TERMS OF
HIS OBLIGATION OR CONTRACT.
• CITY CODE OF ORDINANCE 26-172(10) - ABANDONMENT OF A CONSTRUCTION PROJECT
IN WHICH THE CONTRACTOR IS ENGAGED OR UNDER CONTRACT AS A CONTRACTOR A
PROJECT IS TO BE CONSIDERED ABANDONED IF THE CONTRACTOR TERMINATES SUCH
PROJECT WITHOUT NOTIFICATION TO THE CURRENT OWNER FOR AT LEAST 30 DAYS
WITHOUT JUST CAUSE.
BUILDING OFFICIAL MATTERS:
BUILDING DEPARTMENT UPDATES
BOARD MATTERS:
ATTORNEY MATTERS:
15 MINUTES TO THE PUBLIC
ADJOURN
NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE
WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
IN EVIDENCE ON WHICH THE APPEAL IS BASED. TWO OR MORE ELECTED OFFICIALS MAY BE IN
ATTENDANCE
SEBASTIAN CONSTRUCTION BOARD
REGULAR MEETING MINUTES
September 18, 2011— 6:00 P.M.
Meeting was called to order by Ch. Carbano at 6:00 P.M.
Pledge of Allegiance was led by Ch. Carbano.
ROLL CALL: Present: Mr. Berry Mrs. Hosey
Mr. Fortier Mr. Bulla
Mr. Bulla Mr. Redden
Ch. Carbano
APPROVAL OF MINUTES: Regular meeting held June 20, 2012.
I make a motion we approve the minutes of meeting held March 8, 2011 as written.
MOTION: Bulla / Hosey
A voice vote was taken — passed unanimously.
ANNOUNCEMENTS:
Wayne Eseltine, Building Official, announced that Mrs. Heck has moved out of the area,
and that there is an opening for a regular member.
Mr. Hosey stated that he would like to continue on the board.
OLD BUSINESS: None
NEW BUSINESS: The City of Sebastian Building Official, Wayne Eseltine, explained
to the Construction Board the proposed changes to Chapter 46 of The City Code of
Ordinances Entitled: FLOODS, and that this must be adopted prior to the new flood
maps being adopted on December 4, 2013. Mr. Eseltine also explained how Chapter 26
of our code and re -adopting the Building Official's Association Administrative Code,
which is Chapter One of the Florida Building Code, to include the references to the flood
hazard areas will have to be completed prior to sending a copy to Department of
Emergency Services, FEMA, and the Florida Building Commission.
A motion was made to approve the changes to Chapter 46 of the Code of Ordinances, and
to adopt the changes to the Administrative Code.
MOTION: Carbano / Fortier
ROLL CALL: Mr. Barry - yes
Mr. Fortier —yes
Ms. Carbano - yes
MOTION CARRIES: 6 — 0
BOARD MATTERS: None.
ATTORNEY MATTERS: None
15 MINUTES TO PUBLIC
Mr. Hosey - yes
Mr. Bulla - yes
Mr. Redden
There being no further business, meeting adjourned at 6:23 P.M.
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 • FAX (772) 589-5570
CONSTRUCTION BOARD MEETING
OCTOBER 22ND, 2013
SUMMARY OF FINDINGS BY STAFF FOR DISCIPLINARY HEARINGS,
Violation Hearings:
In the matter of Mr. Roberto Berlingieri; dba Right Choice Plumbing
• A complaint was received in the building department from Ms. Annette Bolstridge, owner of
1020 Seamist Ln. regarding plumbing work performed by Right Choice Plumbing. Records
showed that only a water hook-up permit had been issued at this address to this contractor.
Owner stated that she had a contract from 3/23/13 for a complete re -piping of the water system
in the house including faucets and hot water heater. The owner was not satisfied with the work.
• On June 12th, 2013 a Citation was written to the contractor for work without a permit and a fine
of $300.00 was assessed per city resolution. On 6/24/2013, Alan Curtin who is a representative
for Right Choice Plumbing attempted to comply by bringing in a check for $300.00. At the time
the permit application was not accepted because it did not have the signature of the qualifier.
• The $300 check was returned by the bank for insufficient funds. Alan Curtin was notified and
told to bring in cash and the application for the permit. He was again contacted on 7/23/13,
9/5/13 and 9/27/13, each time Mr. Curtin asked for another 2 week extension.
• On October e, 2013 Mr. Berlingieri was sent a Notice to Appear before the Construction Board
for failure to obtain a permit for the work performed at 1020 Seamist Ln.
• On 10/11/13 Mr. Curtin came to the building department with $300 in cash attempting to pay the
fine. However; there is an additional $20 owed to the Finance Department for the cost of the
returned check. Also, Mr. Curtin did not have a signed permit application, so no payment was
made. Mr. Curtin was advised to clear up all matters before the construction board hearing.
In the matter of Mr. Patrick Silas; dba Patrick L. Silas Jr. Land Development Co. LLC
• A formal complaint was received in the building department from Mr. Willis Thomas, owner of
107 Duban St. on August 60'2013 regarding an addition that was permitted by Silas Construction
and Development.
• The owner stated the contractor had abandoned the project and did not adequately waterproof the
roof where it tied into the main roof structure causing leaks inside in the dining room and his
daughter's bedroom. The bedroom sustained water damage in the walls and ceiling causing
mold, rendering this room unlivable.
• Mr. Thomas has made multiple payments to the contractor in accordance with his contract which
was for a project total of $13,440. A deposit of $2016.00 and another payment of $2016.00 when
the permit was issued was paid. On 4/26/13 he paid $3000.00, and on 613/13 he paid $4000.00,
for a total of $11,032.00. The work completed up to this point included slab foundation, block
walls, trusses and roof sheathing only. The roof, windows, doors, electrical, mechanical and
interior finishes had not been started.
• The building permit was applied for on 11/15/2012, reviewed on 12/2/2012, plans were approved
on 12/17/2012 but applications and licensing information for the sub -contractors was not
provided until April 2013. The permit was finally issued on 4/9/2013. Inspections have been
performed on all work that has been completed.
• Owner provided copies of correspondence with the contractor through text messaging. On
January 9h 2013 the contractor stated he would not be able to complete the job for the quoted
amount. Contractor states that he did not do due diligence when he wrote the contract. The work
proceeded any way and on June 8t' 2013, the contractor told the owner that he is going to get
someone else to complete the addition and have his employees fix the water damage when he has
time.
• The owner states that Mr. Silas has stopped all communication and has not worked on the
addition since the June correspondence.
• On October 8, 2013 Mr. Silas was sent a Notice to Appear before the Construction Board for
code violations that are cause for disciplinary actions under the City Code of Ordinances;
Abandonment of a Construction Project and Diversion of Funds.
§ 26-172 SEBASTIAN CODE
Sec. 26-172. Causes for disciplinary action.
The following Acts constitute cause for disciplinary action under this article:
G
Willful or deliberate disregard or violation of the applicable building codes of the city.
(2) Aiding or abetting a person who is not a state certified contractor or a contractor who
possesses a certificate of competency issued by the board pursuant to this article to
evade any provision of this article. Utilizing or contracting with an unlicensed
contractor or subcontractor is prima facie evidence of engaging in such an Act.
(3) Knowingly combining or conspiring with an uncertified person with the intent to evade
the provisions of this article. When a person holding a certificate of competency issued
by the board pursuant to this article or a state certification allows his certificate or
state certification to be used by one or more companies without having any active
participation in the operations, management or control of such companies, this Act
shall constitute prima facie evidence of an intent to evade the provisions of this article.
(4) Acting in the capacity of a contractor under any certificate of competency issued by the
board pursuant to this article or any state certification issued by the department,
except in the name of the certificate holder as set forth on the issued certificate of
competency or the state certification or in accordance with the personnel of the
certificate holder as set forth in the application for the certificate or state certification,
or as later changed as provided in this article or pursuant to F.S. ch. 489, as amended
from time to time, or any rule or regulation promulgated pursuant thereto.
(5) Diversion of funds or property received for the completion of a specified construction
project or operation or as a result of the diversion the contractor is or will be unable to
fill the terms of his obligation or contract.
(6) Failure in any material respect to comply with the provisions of this article.
(7) Failure to maintain insurance coverage as set by the board.
(8) Failure to provide proof of worker's compensation insurance to the building official or
his designees upon demand for such proof.
(9) Falsification of application or testimony given before the board.
(10) Abandonment of a construction project in which the contractor is engaged or under
contract as a contractor. A project is to be considered abandoned if the contractor
terminates such project without notification to the prospective owner or current owner
for at least 30 days without just cause, such as acts of God causing construction delay.
(11) Giving or offering to give, directly or indirectly, any city employee, council member,
board member or the city manager anything of value, monetary or otherwise, with
intent to influence such employee or board member in the discharge of his duties under
the provisions of this article.
(12) Attempting or threatening to coerce or coercing through physical act, injury or damage
to the city manager, or to any council member, board member, city employee or any
Supp. No. 52 CD26:38
104.9 Approved materials and equipment.
Materials, equipment and devices approved by the
building official shall be constructed and installed in
accordance with such approval.
104.9.1 Used materials and equipment. The use of
used materials which meet the requirements of this
code for new materials is permitted. Used equipment
and devices shall not be reused unless approved by
the building official.
104.11 Alternative materials, design and methods
of construction and equipment. The provisions of
this code are not intended to prevent the installation
of any material or to prohibit any design or method of
construction not specifically prescribed by this code,
provided that any such alternative has been approved.
An alternative material, design or method of
construction shall be approved where the building
official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this
code, and that the material, method or work offered
MSWord2003 Revised 3/10/12/tba
is, for the purpose intended, at least the equivalent of
that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. .
When alternate life safety systems are designed, the
SHE Engineering Guide to Performance -Based Fire
Protection Analysis and Design of Buildings, or other
methods approved by the building official may be
used. The building official shall require that
sufficient evidence or proof be submitted to
substantiate any claim made regarding the alternative.
104.11.1 Research reports. Supporting data, where
necessary to assist in the approval of materials or
assemblies not specifically provided for in this code,
shall consist of valid research reports from approved
sources.
104.11.2 Tests. Whenever there is insufficient
evidence of compliance with the provisions of this
code, or evidence that a material or method does not
conform to the requirements of this code, or in order
to substantiate claims for alternative materials or
methods, the building official shall have the authority
to require tests as evidence of compliance to be made
at no expense to the jurisdiction. Test methods shall
be as specified in this code or by other recognized
test standards. In the absence of recognized and
accepted test methods, the building official shall
approve the testing procedures. Tests shall be
performed by an approved agency. Reports of such
tests shall be retained by the building official for the
period required for retention of public records.
104.11.3 Accessibility. Alternative designs and
technologies for providing access to and usability of
a facility for persons with disabilities shall be in
accordance with Section 11.2.2.
SECTION 105 PERMITS
105.1 Required. Any owner or authorized agent who
intends to construct, enlarge, alter, repair, move,
demolish, or change the occupancy of a building or
structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any impact resistant
coverings, electrical, gas, mechanical or plumbing
system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first
make application to the building official and obtain
the required permit.
105.1.1 Annual facility permit. In lieu of an
individual permit for each alteration to an existing
electrical, gas, mechanical, plumbing or interior
nonstructural office system(s), the building official is
authorized to issue an annual permit for any
occupancy to facilitate routine or emergency service,
repair, refurbishing, minor renovations of service
systems or manufacturing equipment
installations/relocations. The building official shall
be notified of major changes and shall retain the right
to make inspections at the facility site as deemed
necessary. An annual facility permit shall be assessed
with an annual fee and shall be valid for one year
from date of issuance. A separate permit shall be
obtained for each facility and for each construction
trade, as applicable. The permit application shall
contain a general description of the parameters of
work intended to be performed during the year.
105.1.2 Annual permit records. The person to
whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit.
The building official shall have access to such
records at all times or such records shall be filed with
the building official as designated.
105.1.3 Food permit. As per Section 500.12,
Florida Statutes, a food permit from the Department
of Agriculture and Consumer Services is required of
any person who operates a food establishment or
retail store.
105.2 Work exempt from permit. Exemptions from
permit requirements of this code shall not be deemed
to grant authorization for any work to be done in any
manner in violation of the provisions of this code or
any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. Painting, papering, tiling, carpeting, cabinets,
counter tops and similar finish work.
2. Temporary motion picture, television and theater
stage sets and scenery.
3. Prefabricated swimming pools accessory to a
Group R-3 occupancy that are less than 24 inches
deep, do not exceed 5,000 gallons and are installed
entirely above ground.
MSWord2003 Revised 3/10/12/tba
4. Swings and other playground equipment accessory
to detached one- and two-family dwellings.
5. Non fixed and movable fixtures, cases, racks,
counters and partitions not over 5 feet 9 inches (1753
mm) in height.
Electrical:
Repairs and maintenance: Minor repair work,
including the replacement of lamps or the connection
of approved portable electrical equipment to
approved permanently installed receptacles.
Radio and television transmitting stations: The
provisions of this code shall not apply to electrical
equipment used for radio and television
transmissions, but do apply to equipment and wiring
for a power supply and the installations of towers and
antennas.
Temporary testing systems: A permit shall not be
required for the installation of any temporary system
required for the testing or servicing of electrical
equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter
approval of equipment or make such equipment
unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any
heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its
approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10
pounds (5 kg) or less of refrigerant and actuated by
motors of 1 horsepower (746 W) or less.
8. The installation, replacement, removal or metering
of any load management control device.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste
or vent pipe, provided, however, that if any concealed
trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to
remove and replace the same with new material, such
work shall be considered as new work and a permit
shall be obtained and inspection made as provided in
this code.
2. The clearing of stoppages or the repairing of leaks
in pipes, valves or fixtures and the removal and
reinstallation of water closets, provided such repairs
-C. -F.,01 427711
Proposal
Right Choice Plumbing, LLC602
Stevenson Avenue
D
Sebastian, Florida 32958
(.
772-532-2973 • 772-299-1990 • Fax 772-918-8231
X
Alan Curtin, Owner • Licensed & Insured
PROPOSAL SUBMITTED TO
PHONE
DATE
STREET
JOB NAME
1 oaM L r
CITY, STATE AND ZIP CODE
JOB LOCATION
Lit^i r C• In` t
ARCHITECT
DATE OF PLANS
JOB PHONE
i
�Jy r
We hereby submit specifications and estimates for:
RIC" r^ t lc� r t_��:E + 'Irclrylckc C Cc n C f`6 -t f
C. f n}( ( -� E f_E..� n ' K'(' i i r' d
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we T ropOSe hereby to furnish material and labor, complete in accordance with above specifications, for the sum of:
_dollars ($ oiCinGO
Payment to be made as follows:& -�
L cT-
ifs — tt = fL t[c- r
hk lI t1co 0
All material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alteration or deviation
from above specifications involving extra costs will be executed only upon
written orders, and will become an extra charge over and above the estimate. All Authorized
agreements contingent upon strikes, accidents or delays beyond our control. Signature���
Owner to carry fire, tornado, and other necessary insurance. A non refundable
50% deposit required unless proper credit has been esablished. Balance due Title Cj W ry r
upon completion unless' otherwise specified in contract agreement.
Acceptance of PropOSaf — The above prices,
specifications, and conditions are satisfactory and are hereby Signature
accepted. You are authorized to do the work as specified. i
Payment
will be.made as outlined above. Sigp4ture
Date of Acceptance: / 4 ,r`
4:30:44 PM 6/11/2013
Licensee Details
Licensee Information
Name: BERLINGIERI, ROBERTO EDUARDO (Primary Name)
RIGHT CHOICE PLUMBING LLC (DBA Name)
Main Address: 1525 34TH AVENUE
VERO BEACH Florida 32960
County: INDIAN RIVER
License Mailing:
LicenseLocation: 1525 34TH AVENUE
VERO BEACH FL 32960
County: INDIAN RIVER
License Information
License Type:
Certified Plumbing Contractor
Rank:
Cert Plumbing
License Number:
CFC1427711
Status:
Cu rrent,Active
Licensure Date:
05/27/2008
Expires:
08/31/2014
Special Qualifications Qualification Effective
Construction Business 05/27/2008
View Related License Information
View License Complaint
1940 North Monroe Street, Tallahassee FL 32399 :: Email: Customer Contact Center:: Customer Contact Center: 850.487.1395
The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public -records request, do
not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact
850.487.1395. 'Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must
provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee.
However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address
which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change.
https://www.myfloridalicense.com/LicenseDetail. asp? SID=&id=4D04B72BC 3 776B8060F... 6/11/2013
My OF
SEBASTIAN
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MON
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5537 • FAX (772) 589-2566
CITATION
Upon personal investigation the Officer/Inspector designated below has just and reasonable grounds to believe and does believe that on:
DAY OF WEEK TIME IM Ali MONTH l (_ YEAR 2,Z7)/3
ISSUED Tote/;, Uger1,�A r P %/ DBA_f4- C14r lc C, O�U�/ne, LL. l___
ADDRESS CITY V Pip 23 '&'z' t STATEL ZIP
HONE 77Z -53Z-2 9'73 CELL PHONE DOB
DRIVERS LICENSE/ID# 4y -k: / �r STATE EXPIRES
OCCUPATION /�/ �j fHA D!'177 QGYTJI EMPLOYER1 e_ / tt i' NOI
VEHICLE• YEAR MAKE ---� COLOR TAG# STATE YEAR
LOCATION OF VIOLATION
BRIEF STATEMENT OF FACTS `O/N ♦ T �tjlc�j lir/Tlet� Owl 3 3 �Or
-01L1JW 4.* GrJaf"
Fs .j /tij X05, !
VIOLATION OF CITY OF SEBASTIAN CODE OF ORDINANCES, SECTION 2-195 (7 127��
�(` $ ) *See List of Codes
1t Violation $_� , f/V Repeat Violation $ CIT Z 3�
Officer/Ins tor's Name Officer/Inspector' gnature
**ss***ssss******s****s*********s*s*s*********ssssss*****sssss*s*ssss***
WARNING
The person cited must cease and desist from the act for which this citation has been issued. Payment of the above civil penalty must be received
within (10) days (Exclusive of Weekends and Holidays) of the issuance of this Citation at the City of Sebastian Building Department. Failure to
either pay the above civil penalty or to request in writing to appear before the Special Magistrate to challenge the issuance of this Citation
shall constitute a waiver of your right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an
admission of the violation and penalties may be imposed accordingly. The violator may be liable for the reasonable costs of the administrative
hearing should the violator be found guilty of the violation. An additional citation may be issued for each day that the applicable violation is found to
exist. Repeat violation penalty will be twice the amount of the first violation.
WILLFUL REFUSAL TO SIGN AND ACCEPT CITATION IS A MISDEMEANOR.
I WISH TO PAY THE CIVIL PENALTY I WISH TO SEEK AN ADMINISTRATIVE HEARING
s!9,6--vrt= by C arli ed MQi/
Signature of Violator Date Signature of Violator Date
Payment of Civil Penalty may be made in person by cash or check at the City of Sebastian Building Department, 1225 Main Street, Sebastian, FL
32958, Mon. — Fri. between 8:00 AM and 4:30 PM, or by mailing check or money order. Make check payable to City of Sebastian Building
Department. (DO NOT SEND CASH)
AQUNITERST/3T,ES
P6�1& SEOVICtIm''
Date Produced: 06/17/2013
CITY OF SEBASTIAN
The following is the delivery information for Certified MailTM item number 7199 9991 7031
2710 4223. Our records indicate that this item was delivered on 06/14/2013 at 10:41 a.m. in
VERO BEACH, FL, 32960. The scanned image of the recipient information is provided below.
Signature of Recipient:
Address of Recipient: '�'�► `17 �' IJ
Thank you for selecting the Postal Service for your mailing needs. If you require additional
assistance, please contact your local post office or Postal Service representative.
Sincerely,
United States Postal Service
The customer reference number shown below is not validated or endorsed by the United
States Postal Service. It is solely for customer use.
Customer Reference Number: 3138947 33543083BRLINGIERI BD
Totar Paictr
signature
Dept: of Origin. • Yellow -Finance •Pink Appt oant
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7/201
its is a LEGAL COPY of your
Teck. You can use it the same way
w would use the original check.
RETURN REASON (A)
NOT SUFFICIENT FUNDS
Seacoast
National Bank
j R1GNT CHOICE PLUMBING LLC- 1.001
1 1037 BLOSSOM DR
SEBASTIAN, FL 32958 1 at j
PH. 772-532-2973 Date
Pay to the $�
Order of e
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Cf1Y OF
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5537 - FAX (772) 589-2566
SEBASTIAN CONSTRUCTION BOARD
NOTICE OF VIOLATION HEARING
October 8, 2013
Mr. Roberto E. Berlingieri
State License no. CFC 1427711
DBA Right Choice Plumbing
1525 34+h Ave.
Vero Beach, Fl. 32960
The City of Sebastian Construction Board hereby notifies you of an alleged
violation of the following sections of the Sebastian City Code of Ordinances.
26-172(1), Willful disregard of the applicable building codes; Florida Building
Code section 105.1
• Performing work without a valid building permit
• Paying for the permit with a check that had insufficient funds
The brief legal description of the real property upon which this violation occurred
is:
1020 Seamist Ln. Sebastian, Fl. 32958
Accordingly, the Sebastian Construction Board has set this matter for a hearing
on:
Tuesday, the 22nd day of OCTOBER, 2013 at 6:00 P.M. in the City Council
Chambers at 1225 Main Street, Sebastian, Florida.
YOU ARE REQUESTED to appear before the Board at that time to answer and
defend the allegations that you have violated the above cited provisions of the
Code of Ordinances of the City of Sebastian.
If you fail to attend, the Board may base its findings and act solely on the
presentation made at the Construction Board hearing.
YOU MAY APPEAR WITH OR WITHOUT AN ATTORNEY. YOU HAVE A RIGHT TO
SUBPOENA WITNESSES AND DOCUMENTS AND CROSS-EXAMINE THE OTHER
PARTY'S WITNESSES.
If the Board finds that you have committed a violation, it may order immediate
compliance with the Code and provide in the order, in the event of failure to
comply with the order within a period of time set forth therein, that a fine NOT TO
EXCEED $500.00 be imposed for the period of non-compliance, and/or suspend
certificate holder, revoke a certificate, place certificate holder on probation as
well as file a complaint with DBPR.
If any decision of the Board affects you and you decide to appeal any decision
made at this meeting with respect to any matter considered, you will need a
record of the proceedings and for such purposes, you may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
(THE ABOVE NOTICE IS REQUIRED BY STATE LAW. ANYONE DESIRING A VERBATIM
TRANSCRIPT SHALL HAVE THE RESPONSIBILITY AT HIS OWN COST TO ARRANGE TO
PROVIDE THE TRANSCRIPT.)
Please be advised that the procedures of the Board are governed by the Code
of Ordinances of the City of Sebastian. Copies of these Ordinances may be
obtained at the office of the City Clerk, City of Sebastian.
PLEASE GOVERN YOURSELF ACCORDINGLY
SEBASTIAN CONSTRUCTION BOARD
AGUNITEDSTATES
POSTLI L SERVICE
Date Produced: 10/14/2013
CITY OF SEBASTIAN:
The following is the delivery information for Certified MailTM item number 7108 2133
3936 8943 2044. Our records indicate that this item was delivered on 10/10/2013 at
10:04 a.m. in VERO BEACH, FL 32960. The scanned image of the recipient information
is provided below.
Signature of Recipient
Enl�
ftd � Y
Address of Recipient :----- - —
KWY
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States Postal Service. It is solely for customer use.
Customer Reference Number: 3219462 33543083BLDG DEPT
CONTRACTOR LICENSING
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 388-8245 • FAX (772) 589-2566
CONTRACTOR COMPLAINT
AFFIDAVIT
PLEASE PRINT CLEARLY
CASENO:
DATE OF STATEMENT: 6 �/
DATE OF OFFENSE.
LOCATION OF
OFFENSE: /,,,'7;;> �I��/�✓y�/�t/zl�/ CIIy�I/G/S!f/�i/�� STATE�G ZII'3 ��'�
COMPAWTANT (S)
NAME: /GLaf %�i fi9J
ADDRESS:_
COMPLAINTANT'S HOME STATE
PHONE:_ 7%Z- j *XV WORK
CELL
CONTRACTOR'S
NAME:_ �i/'i�/L'6r �/F je
NAMEOF COMPANY:
CONTRACTOR/COMPANY
ADDRESS: 9w S //-/,/ 'Ty&t `I -- 2 STATE
do hereby voluntarily make the
following statement without threat, offer of benefit or favor by any persons whomsoever.
Did you find this persons and/or any through the newspaper, yellow pages and/or
fliers? YES ( OTHER
If NO or Other, how?
What was your initial reason for calling this person and/or company?
What was the name of the person(s) who came to your
estimate? ,vim home for the original re
Pau and/or
Did this person {give name j/�
licensed and insured?S NO tell you that he/she was
If YES, did he/she showsomethin
and insured? YES , g that led you to believe that he/she was licensed
If YES, what type of document were you shown?
Were permits required to do the work? NO
Did he/she tell you that he/she would pull the permit?NO
We YE a
re you charged for the permit? yEs NO
Were you given a start and completion date? NO
If YES, was the job started as promised? yES
If NO, what was the reason?
Was the completion date as promised? YES NO
If NO, what was the reason?
Once completed were you satisfied with the job? YES NO
If NO, why?
(2)
Did you make a complaint to the contractor/company? YE 1 NO
What was the complaint? i`f���s� �f� ,� _ f, _ .
What was their response to your complaint?
Did the contractor/company ever place a lien on your property? YES �01
If YES, what date was the lien
filed?
In your own words, what is the complaint?
Please print clearly.
k
IF YOU NEED MORE WRr'NO ROOM, PLEASE USE A SEPARATE SAEET OF PAPER.
(3)
If you have any of the following, please make copies and attach to this afIIdavit. (Be sure
you keep the originals.)
Contracts and/or invoices
NO
Copies of advertisements/fliers
YES NO
Business card
YES NO
Cancelled checks (front and back)
/'ES ) NO
Receipts for cash payments
YES NO
Copies of any correspondence
YES NO
Notice of any liens YES NO
I SWEAR OR AFFIRM THE STATEMENTS MADE IN THIS AFFIDAVIT TO BE
CORRECT AND TRUE.
1
SIGNATURE:
1 •;, i
Swop to and subscribed before me the_day
of U 20 /�
MY COMMISSION EXPIRES:
Form of I.D. used to identify
Affiant f n
(4)
i
Public
NLINDA M. LOHSL
Commission # DD 982366ki Expires June 18, 2014 T Fain Insurance 80Q W7019Bolded Tlvu r%.
On September 12, 2012, I Willis Thomas signed a contract with Patrick Silas of Silas Construction and
Development for the addition of a bedroom. On September 20, 2012 a deposit in amount of $2,016 was
made to Mr. Silas. Per the contract, a payment of $2016 was due upon pulling of a permit. This
payment was made on October 25, 2012, but the contract was not obtained until April of 2013. Mr.
Silas said that he was having trouble pulling the permit and that The City of Sebastian was holding him
up. In January of 2013, Mr. Silas informed me that he could not complete the addition for the price we
had agreed upon. In April of 2013, Mr. Silas begin work on the room addition. After beginning the
work, weeks would go by before seeing or hearing my Mr. Silas and his workers. The trusses were put
up in June. The roof to the existing part of the house was cut to accommodate the trusses and left
exposed to the weather. My daughter's room was flooded. July 1', I received a text from home showing
a picture of the living room ceiling with water damage. Mr. Silas was contacted immediately and
informed of this damage. He informed me that it would be taken care of. Some time later, a different
crew care out to work on the house. Mr. Silas asked for another payment and a check in the amount of
$4000 was sent by one of his crew members. After this payment was made no further work has been
made on the house. Mr. Silas sent me a text stating "I'm going to let someone finish the work and my
crew would come back and take care of the water damage." Mr. Silas has been sent multiple text
messages and phone calls but has not responded back as of this time. The roof is still leaking. My
daughter's bedroom continues to flood, is full of mold and unlivable at this time.
11:11:04 AM 826/1013
Licensee Details
Licensee Information
(dame: SILAS, PATRICK LAWRENCE ]R (Primary Name)
PATRICK L SILAS ]R LAND DEVELOPMENT CO LLC (DSA
Name)
Main Address: 1190 SW JERICHO BLVD
PORT ST LUCIE Florida 34953
County: ST. LUCIE
License Mailing:
LicenseLocation:
County:
License Information
License Type:
Rank:
License Number:
Status:
Licensure Date:
Expires:
Special Qualifications
Construction Business
JERICHO BLVD
PORT ST LUCIE FL 34953
ST. LUCIE
Certified Building Contractor
Cert Building
CBC1254328
Cu rrent,Active
05/24/2006
08/31/2014
Qualification Effective
05/24/2006
View Related License Information
View License Complaint
1940 North Monroe Street Tallahassee FL 32399 ::Email: Customer Contact Center:: Customer Contact Center: 850.487.1395
The State of Florida is an AA/EEO employer. Copyright 2007-2010 State of Florida. Privacy Statement
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public -records request, do
not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact
850.487.1395. •Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must
provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee.
However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address
which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change.
https://www.myfloridalicense.comlLicenseDetail.asp? SID=&id=8BOF77C470806652C8A... 8/26/2013
CBC1254328
Ph:772.26o.0374 Fax: 772.224.8826 2485 1190 S.W Jericho Blvd. Port St. Lucie, FL 34953
Date: 09/19/2012
Willie Thomas
107 Duban St
Sebastian, Fl
New Addition
Proposal
Scoj2e of Work
12x16 addition on existing home
Price will include plans, survey and construction of addition
Will exclude permit fee
Finishes will match or be equivalent to existing finishes
Project Total
$13,440.00
AS REQUIRED BY FLORIDA LAW:
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS
713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR
PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL
HAVE THE RIGHT TO ENFORCE THERE CLAIM FOR PAYMENT
AGAINST YOUR PROPERTY. IF YOUR CONTRACTOR OR A
SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -
SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THE PEOPLE WHO
ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT,
EVEN IF YOU HAVE ALREADY PAID YOU'RE YOUR CONTRACTOR IN
FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR
MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A
LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR
WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT
YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO
PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR
CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN
RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS
PROVIDED TO YOU A "NOTICE TO OWNER". FLORIDA'S
CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED
THAT YOU CONSULT AN ATTORNEY.
This agreement is in accordance with the specifications provided by,
2. COMMENCEMENTAND SUBSTANTIAL COMPLETION DATES. The work will begin within
TBD days of signing of contract and complete within weeks (UPON RECEIVING PERMITS
FROM COUNTY) on or about absent excusable delays as provided in paragraph u herein. Time
is of the essence for this provision of the contract.
3. CONTRACT SUM. Owner agrees to pay contractor the fixed sum of $202,951 herein referred
to as "Contract Price", subject to adjustments and work change orders as provided herein.
4. DEPOSIT. Upon execution of this contractual agreement, O shall pay Contractor a
deposit in the amount of $ I -5%=$2.o16 �(, 2(),
S. PROGRESS PAYMENTS. Owner shall adhere to progress payments for balance of contract
price paid to contractor as follows:
15rA a er permit is complete =$2,016
30% a er shell is up =$4,032
30% after drywall is up=$4,032
2
1i\
tip`
FINAL PAYMENT. Final payment shall be paid upon completion of job in the amount of;
io%= $a oib Failure to adhere to abovea
p yment schedule may cause delays.
CONTRACT DOCUMENTS. This document makes up the contract documents along with the
following: "specifications" outlined by, Silas Construction & Development Inc.
OWNER'S DUTIES. The owner shall:
Furnish surveys and a legal description of the property;
Secure and pay for necessary approvals, easements, variances, assessments and changes
required for the construction, use or occupancy of permanent structures or permanent
changes in existing facilities;
Provide adequate access to utilities for the work. This may require payment of certain
deposits and hook- up fees;
Advise Contractor of any condition of the property which affects contractor's ability to
perform;
Perform no work on the project without a written agreement with the Contractor;
Avoid interfering with `,,corkers progress or in any way causing delays;
Make no agreement or arrangement with any tradesperson, subcontractor, vendor or
Contractor's employee outside the scope of this agreement without contractor's written
consent;
Make any discretionary inspections of the work accompanied by a representative of the
Contractor, provided such inspections do not interfere with the work, and in the sole
Opinion of the contractor, be made safely. Any other entry into the construction site shall
be at owner's risk; and;
Make any selections within five (5) days of a request by contractor;
J. Maintain and/or procure adequate property owners liability/hurricane insurance.
CONTRACTORS DITTIES: The contractor warrants to owner that all materials and equipment
incorporated into the project will be, of good quality, free from defects and new unless
otherwise required and in conformance with this contract.
The Contractor shall:
Bring to owner's attention all inconsistencies in the plans:
Supervise and direct the contract work using his best skill, attention and due diligence.
Contractor shall be solely responsible for, and have control over construction means,
methods, techniques, sequences and procedures for coordination of all portions of
contract work;
Provide and pay for labor, materials, equipment, tools, utilities, and facilities necessary for
the proper execution of the contract work;
Enforce strict discipline among employees and subcontractors and shall not employ any
person that is unfit or without required skills;
3
l )
J
Secure and pay for all licenses
Pay any sales tax required by law in connection with the contract work;
Give all notices and comply with all laws, ordinances, rules and regulations relating to the
contract work and promptly notify owner of any variance;
Be responsible for acts of omission of his employees and other persons under his direction
on the project;
Keep the site and premises free from excessive waste and rubbish caused by operations and
at the completion of the project remove all waste materials, debris, tools, equipment, and
surplus materials;
At all times comply with the laws of the state concerning liens, and;
Do any work reasonably inferable from the plans to complete the project.
COMPLIANCE WITH BUILDING CODE. All work to be done under this contract will be in
accordance with the building codes presently in force in the jurisdiction where the work is to
be performed at the time of the execution of this agreement.
Delay. It is understood that time is of the essence for the purpose of execution of this contract.
Contractor shall not be responsible for delays caused by events beyond its control, includin
but not limited to: strikes, war, acts of god, riots, weather conditions g
regulations and restrictions. Delays caused by owner's failure to make allowance material
selections or caused by the performance of extra work requested by change order shall
likewise be excusable delays.
INSURANCE. Contractor shall, at his own expense, maintain all insurance required by law.
WARRANTY. Contractor shall convey a 1 -year warranty on all materials and workmanship less
normal wear and tear and maintenance. Failure to pay all monies owed to contractor shall
void said warranty or service until all balances are paid in full. Failure to maintain schedule
of payments outlined above does not extend timeframe of warranty.
HIDDEN, CONCEALED AND UNFORESEEN CONDITIONS. If contractor discovers a
concealed condition requiring different or additional work, owner shall be verbally notified
to expedite agreement as to the change order as soon as practical. A concealed condition
shall mean a condition not readily observable to a prudent contractor inspecting the
Property for the purposes of performing this work. If this contract is canceled, the contractor
shall be paid for the work performed.
CHANGES AND CHANGE ORDERS. The contractor shall not depart from the requirements
of this agreement or make any changes in the work without prior authorization. Owner shall
have the right to order changes in the work by way of additions, deletions or modifications,
without invalidating this contract. Any such changes will be authorized by written change
order signed and paid for by owner in advance any change resulting in a net reduction of the
contract amount will be deducted from the next regularly scheduled draw. The cost of a
change order for additions or modifications shall include an additional twenty
Percent (20%) for overhead expense. Owner acknowledges that changes in the work
may affect the contract amount, extend the time for completion and contractor shall not
begin work on a change order until owner has paid for such change.
4
ALLOWANCES. The contractor shall include in the contract price all allowances set forth in
(attached quotation) of this agreement. Allowance items may be supplied in such amounts
and by such person or entities as needed and the contract price and progress payments will
be adjusted either upward or downward to reflect the actual cost of each item. All allowance
overages amount shall be paid to the contractor in full. Contract price was calculated based
on current material costs. If material costs and or energy surcharged charged to builder as it
relates to this project, increase beyond 1% due to circumstances beyond builders control,
these costs will be additional to contract price and paid to contractor by owner(s).
Contractor shall not be required to employ persons or entities against which the contractor
makes reasonable objection and shall have absolute direction with respect to subcontractors
and employees
Contractor and Owner(s) signature below indicates the parties acknowledge this to be a
satisfactory and binding contractual agreement and therefore; we have hereunto set our h
and seals this day of ands
111 2010
Silas Construction &
CBC 1254328
Owners
Owner to initialize each page.
5 ��
onvoiceASAP
easy mobile invoicing
From:
[ -7
Silas Construction & Development
Billing Address:
Willis Thomas
Duban St
Sebastian, FL
Item #
Item Name
Sales Receipt Paid
Sales Receipt Number: R121025101
Sales Receipt Date: Oct 25, 2012
Sales Receipt Amount: 4,032.00
Shipping Address:
Willis Thomas
Duban St
Sebastian, FL
Quantity Unit Price Taxable Total
1000
2nd Draw
1.00
2,016.00
2,016.00
2nd draw
1001
2nd Draw
1.00
2,016.00
2,016.00
2nd draw
Subtotal:
Sales Receipt Amount:
$4,032.00
$4,032.00
http://view.invoiceasap.com/print.php?invoiceid=3ow8bgoc 8/6/2013
t ;'S Opt.-ne Banking
Date Description Amount
Account
04/26@013 Check 511 $3,000.00
This is an image of a check, substitute check, or deposit ticket Refer to your posted transactions to verify
the status of the item. For more information about image delivery click here or to speak with a
representative call: 1 -888 -PNC -BANK (1-888-762-2265) Monday - Friday: 7 a.m. -10 p.m. ET, Saturday
& Sunday: 8 a.m. - 5 p.m. ET.
WILLIS THOMAS
107 DUBAN ST. 511
sssASTIAN. FL 3MS _
Par lal its
Order of
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For
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0 Copyright 2010. The PNC Financial Services Group, Inc. All Rights Reserved.
"' `�C_ OnIin_ i ankina
Date Description Amount Account
06/13/2013 Check 512 $4,000.00
This is an image of a check, substitute check, or deposit ticket. Refer to your posted transactions to verify
the status of the item. For more information about image delivery click here or to speak with a
representative call: 1 -888 -PNC -BANK (1-888-762-2265) Monday - Friday: 7 a.m. -10 p.m. ET, Saturday
& Sunday: 8 a.m. - 5 p.m. ET.
VWLUS THOMAS 512
107 D116AN ST.
i SEBASTIAN. FL 32958 395
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Subject Addition
From: Patrick Silas(patrickCsilasconstructiongroup.com)
To: willpower -1 3@yahoo.com;
Date: Monday, January 7, 2013 10:26 AM
I've left several messages on your phone. Unfortunately I won't be able to do that addition for the
amount I quoted you on. For one, the plans should not have been included in that price. Secondly that
addition is to small for a square footage price. No one is willing to do that job in the allotted amount i
have built in for each section. And third, the building dept. is making me get a roofing subcontractor for
the roof. That alone throws the budget completely off. I apologize , but I made the mistake of giving the
price without doing due diligence with plans already in hand. Not sure if you have new number but I
cracked my phone couple weeks ago and phone was out of commission for a couple days. So let me
know how you want to proceed going forward.
Thanks
Patrick Silas
Silas Construction & Development
Ph. 772-260-0374
Fax 772-224-8826
http://us-mg6.mail.yahoo.com/neo/launch?.rand=116btrd7hk2np 8/6/2013
Linda Lohsl
From: Thomas, Willis [WThomas@topco.com]
Sent: Tuesday, August 06, 2013 3:59 PM
To: Linda Lohsl
Subject: Fw:
------ SMS ------
From: +17722600374
Received: Jul 8, 2013 8:01 AM
I'm going to let someone else finish that addition. When time I will have my guys come and
fix water damage.
1
41YOF
w,AN
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5537 • FAX (772) 589-2566
SEBASTIAN CONSTRUCTION BOARD
NOTICE OF VIOLATION HEARING
October 8, 2013
Mr. Patrick Silas
State License no. CBC 1254328
DBA Patrick L Silas Jr. Land Development Co. LLC
1190 SW Jericho Blvd
Port St. Lucie, Fl. 34953
The City of Sebastian Construction Board hereby notifies you of an alleged
violation(s) of the following sections of the Sebastian City Code of Ordinances.
26-172(5) Diversion of funds received for the completion of a specified
construction project or operation or as a result of the diversion the contractor is
or will be unable to 811 the terms of his obligation or contract.
26-172(10) Abandonment of a construction project in which the contractor is
engaged or under contract as a contractor. A project is to be considered
abandoned if the contractor terminates such project without notification to the
current owner for at least 30 days without just cause.
The brief legal description of the real property upon which this violation occurred
is:
107 Duban St. in Sebastian, Fl. 32958
Accordingly, the Sebastian Construction Board has set this matter for a hearing
on:
Tuesday, the 22nd day of OCTOBER, 2013 at 6:00 P.M. in the City Council
Chambers at 1225 Main Street, Sebastian, Florida.
YOU ARE REQUESTED to appear before the Board at that time to answer and
defend the allegations that you have violated the above cited provisions of the
Code of Ordinances of the City of Sebastian.
If you fail to attend, the Board may base its findings and act solely on the
presentation made at the Construction Board hearing.
YOU MAY APPEAR WITH OR WITHOUT AN ATTORNEY. YOU HAVE A RIGHT TO
SUBPOENA WITNESSES AND DOCUMENTS AND CROSS-EXAMINE THE OTHER
PARTY'S WITNESSES.
If the Board finds that you have committed a violation, it may order immediate
compliance with the Code and provide in the order, in the event of failure to
comply with the order within a period of time set forth therein, that a fine NOT TO
EXCEED $500.00 be imposed for the period of non-compliance, and/or suspend
certificate holder, revoke a certificate, place certificate holder on probation as
well as file a complaint with DBPR.
If any decision of the Board affects you and you decide to appeal any decision
made at this meeting with respect to any matter considered, you will need a
record of the proceedings and for such purposes, you may need to ensure that
a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based.
(THE ABOVE NOTICE IS REQUIRED BY STATE LAW. ANYONE DESIRING A VERBATIM
TRANSCRIPT SHALL HAVE THE RESPONSIBILITY AT HIS OWN COST TO ARRANGE TO
PROVIDE THE TRANSCRIPT.)
Please be advised that the procedures of the Board are governed by the Code
of Ordinances of the City of Sebastian. Copies of these Ordinances may be
obtained at the office of the City Clerk, City of Sebastian.
PLEASE GOVERN YOURSELF ACCORDINGLY
SEBASTIAN CONSTRUCTION BOARD
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