CODE ENFORCEMENT BOARD MEETING

CITY OF PORT ORANGE

1000 CITY CENTER CIRCLE

COUNCIL CHAMBERS

DECEMBER 1, 2010

 

THE REGULAR MEETING OF THE CODE ENFORCEMENT BOARD of the City of Port Orange was called to order by Chairman Troup at 5:30 p.m.

 

Roll Call:                                Present:         Luther Davidson

                                                                        Scott Decker

                                                                        Judith Bickel            

                                                                        James Keys                         

                                                                        Chairman Robert Troup     

 

Absent:          Vice Chairman Michael Mellon (excused)

                        Richard Spitz            (excused)

 

Also Present:            Lynette Luff, Assistant City Attorney

Dena Joseph, Code Inspector

Elizabeth Diamond, Business Tax/Code Inspector      

                                                                        Glenda Leftwich, Recording Secretary

Joyce Dombrowski, City Clerk’s Office               

 

2.         CONSIDERATION OF MINUTES

 

Motion made by Member Davidson, seconded by Member Keys, to approve the minutes of the November 10, 2010 meeting. Motion carried 5-0 upon voice vote.

 

3.         ATTORNEY OVERVIEW OF CODE ENFORCEMENT PROCESS

           

Lynette Luff, Assistant City Attorney, gave an overview of the Code Enforcement process at 5:40 p.m. when the Respondent for CEB Case No. 10-1647 arrived.

 

4.         NEW BUSINESS

 

 a.        CEB Case No. 10-1206

 

            Philip A. Jr. & Marian Guadagno

836 Second Street

            Port Orange, FL 32127

 

 

 

Code Enforcement Board Meeting Minutes

December 1, 2010

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Violation of the 2004 Florida Building Code, Section 105-1.  Permits Required as adopted by the City of Port Orange Land Development Code Chapter 1. (A permit needs to be obtained for the roof replacement that was conducted to the home).

 

Dena Joseph, Code Compliance Inspector, requested that CEB Case No. 1206 be continued to the January meeting due to the illness of the Code Enforcement Officer assigned to the case. The Board approved by consensus.  

 

b.         CEB Case No. 10-1729

            Andrew Johnson

            5126 Ridgewood Avenue

            Port Orange, FL 32127

 

Violation of Code of City of Port Orange, Florida, Section

Chapter 42 (Nuisances) of the City of Port Orange Code of Ordinances, Article II (Garbage, Junk and Undergrowth), Section 42-26 (Cleanliness of Property Generally-Duty of Owner), (C) Maintenance of Commercial and Industrial zoned Lots: The owner of every improved lot, piece, and parcel of land located within a commercial or industrial zone within the city shall keep each lot, piece, and parcel of land free and clear of all fallen trees and limbs and undergrowth exceeding 12 inches in height.  However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut with a height less than 12 inches within such natural areas.  Owners of unimproved vacant parcels in such zones shall similarly maintain such portion of their property as lies within ten feet of any improved property, any sidewalk, roadway, or bicycle path.  All weeds, grass, and undergrowth shall be cut to a height not exceeding ten (10) inches.

 

Chapter 42 (Nuisances) of the City of Port Orange Code of Ordinances, Article II (Garbage, Junk and Undergrowth), Section 42-26 (Cleanliness of Property Generally-Duty of Owner), (f) Garbage, waste, trash, etc., prohibited.  The owner of every lot, piece and parcel of land shall keep such lot free and clear of garbage, waste, trash, debris and junk.

 

Chapter 2 (Definitions and Interpretations) of the City of Port Orange Land Development Code, Section 2. (Definitions).  Accessory structure (appurtenant structure).  A structure that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure.  Accessory structures shall constitute a nominal

investment, shall not be used for human habitation, and shall be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

 

Chapter 3 (General Requirements), Section 304 (Exterior Structure), 304.13 (Window, skylight, and door frames) of the 2009 International Property Maintenance Code as adopted per

 

Code Enforcement Board Meeting Minutes

December 1, 2010

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Chapter 14, Article II of the City of Port Orange Code of Ordinances:  Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 

 

Chapter 5 (Plumbing Facilities and Fixture Requirements), Section502 (Required Facilities), 502.1, (Dwelling units) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet, and kitchen sink which shall be maintained in a sanitary, safe working condition.  The lavatory shall be placed in the same room as the water closed or located in close proximity to the door leading directly into the room in which such water closet is located.  A kitchen sink shall not be used as a substitute for the required lavatory.

 

CEB Case No. 1729 was inadvertently placed on the agenda and should be placed on the January agenda. 

 

c.         CEB Case No. 10-1647

The Bungalows of Port Orange Condominium Association, Inc.

            c/o 90 Hidden Lake Drive - Unit 131

            Re: 1025 Eagle Lake Drive

            Port Orange, Fl 32129

           

Violation of Code of City of Port Orange, Florida, Chapter 18, Article I, Section 18-1 (a)(b)(c) Buildings must conform to code requirements, Chapter 18, Article II, Section 18-27 Business Tax Imposed, and Chapter 18, Article II, Section 18-33 (a)(b) Duration, expiration of business tax receipt; delinquent business tax payment, penalties; doing business without business tax receipt, penalty, Chapter 18, Article II, Section 18-36 (a)(b) Prerequisites for issuance of business tax receipt, of the City of Port Orange Code of Ordinances, Florida Statute 205, Section 205.023 Requirements to report status of fictitious name registration, Florida Statute 205, Section 205.053 Business tax receipts; dates due and delinquent; penalties.

 

d.         CEB Case No. 10-1647

Eagle Lake, LLC

Canflor General, Inc.

Mark Koivu

            90 Hidden Lake Drive - Unit 131

            Re: 1025 Eagle Lake Drive

            Port Orange, Fl 32129

           

Violation of Code of City of Port Orange, Florida, Chapter 18, Article I, Section 18-1 (a)(b)(c) Buildings must conform to code requirements, Chapter 18, Article II, Section 18-27 Business Tax Imposed, and Chapter 18, Article II, Section 18-33 (a)(b) Duration, expiration of business tax receipt; delinquent business tax payment, penalties; doing business without business tax

Code Enforcement Board Meeting Agenda

December 1, 2010

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receipt, penalty, Chapter 18, Article II, Section 18-36 (a)(b) Prerequisites for issuance of business tax receipt, of the City of Port Orange Code of Ordinances, Florida Statute 205,

Section 205.023 Requirements to report status of fictitious name registration, Florida Statute 205, Section 205.053 Business tax receipts; dates due and delinquent; penalties.

 

Elizabeth Diamond, Business Tax Representative/Code Compliance Inspector, was duly sworn.  Ms. Diamond reported that the Respondent has failed to transfer and maintain an active business tax receipt with the City and failed to maintain a license with the State Department of Business and Professional Regulations.  The Respondent also failed to complete the transfer application process, obtain a Certificate of Occupancy, and pay all fees due.  Past due fees at this time are $200 for 2006, $112.50 for 2007, $125 for 2008, $200 for 2009, $40 for 2010, $192 for 2011, a transfer fee of $3,and a use permit fee of $50, totaling $922.50.  The violation was first observed on May 6, 2010 during a commercial property maintenance inspection by Deborah Faircloth, Code Compliance Inspector for the City of Port Orange.  Official notification of the violation was on October 25, 2010 with the violation to be corrected by November 5, 2010.  A re-inspection on November 11, 2010 showed no compliance.  The most recent inspection was December 1, 2010 with no compliance.  The Respondent has filed for his state license with the Department of Business and Professional Regulations as an apartment and with Sunbiz for his fictitious name filing (Eagle Lake, LLC). 

 

Based on the information presented, Ms. Diamond recommends finding the Respondent to be in violation of the above listed violations.   

 

Motion made by Member Keys, seconded by Member Bickel, to find the Respondent to be in violation of Code of City of Port Orange, Florida, Chapter 18, Article I, Section 18-1 (a)(b)(c) Buildings must conform to code requirements; Chapter 18, Article II, Section 18-27 Business Tax Imposed; and Chapter 18, Article II, Section 18-33 (a)(b) Duration, expiration of business tax receipt; delinquent business tax payment, penalties; doing business without business receipt, penalty; Chapter 18, Article II, Section 18-36 (a)(b) Prerequisites for issuance of business tax receipt, of the City of Port Orange Code of Ordinances; Florida Statute 205, Section 205.023 Requirements to report status of fictitious name registration; and Florida Statute 205, Section 205.053 Business tax receipts; dates due and delinquent; penalties.  Motion carried 5-0 upon voice vote.

 

 

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December 1, 2010

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Ms. Diamond recommended the violation be corrected on or before December 17, 2010.  If the violation is not corrected, a fine of $250 for each year the business is past due and $250 penalty for each day that the use inspection permit violation continues past December 17, 2010 shall be imposed.  She also requested the Respondent be ordered to contact the Code Enforcement Officer for a re-inspection of the property to verify compliance with this order.   

 

Motion made by Member Bickel, seconded by Member Keys, to accept staff recommendation in CEB Case No. 10-1647.  Motion carried 5-0 upon voice vote.

 

Member Decker asked Ms. Diamond what the Respondent’s response has been during this case.  Ms. Diamond said there have been several correspondences back and forth and the Respondent kept asking for the fees to be removed.  The fees have been upheld through the City Manager’s Office as being legitimate.  Ms. Diamond reported she spoke to the Respondent today and was hoping he would get to this hearing.

 

5.         OLD BUSINESS

 

Set Fines/Liens

 

a.    CEB Case No. 10-1383 – David & Jessie Miller – Order Imposing Fine/Lien

 

Ms. Joseph stated she believes this case is a foreclosure and no fines were to be imposed.  She said this is Mr. Allman’s case and should be continued in case she is incorrect. Consensus of the Board was to continue the case. 

 

b.    CEB Case No. 10-1439 – Mark Vitali – Order Imposing Fine/Lien

 

Dena Joseph, Code Compliance Inspector, was duly sworn.  Ms. Joseph presented the case details.  The Owner was to correct the Violation on or before November 21, 2010 or a fine of $100 per day would be imposed for each day the violation continued.  Current inspection performed on December 1, 2010 showed the violations continued to exist.  Ms. Joseph recommends a fine of $100 per day starting November 22, 2010 be imposed and run until the violation has been corrected or abated through the City.

 

Motion made by Chairman Troup, seconded by Member Decker, to accept staff recommendation in CEB Case No. 10-1439.  Motion carried 5-0 upon roll call vote.

 

 

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December 1, 2010

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The Respondent in case 10-1647 arrived for the hearing at 5:39 p.m.  Ms. Luff advised the Respondent that his case had already been heard and determined by the Board.  The Respondent, Mark Koivu, was duly sworn.  Ms. Luff stated the Board has the opportunity to consider hearing evidence in the case.  Mr. Koivu requested the Board hear his testimony. 

 

Motion made by Member Davidson, seconded by Chairman Troup, to re-open CEB Case No. 10-1647.  Motion carried 5-0 upon roll call vote.

 

Mr. Koivu stated on October 25, 2010 he was sent a Notice of Violation.  He reported he was in the process of getting a license at that time.  He stated Ms. Diamond requested that he get a fictitious name, get a State License, and have a State inspection.  Mr. Koivu said he has called for the inspection but it takes weeks to get.  Mr. Koivu reported he and members of his staff reportedly tried numerous times to deal with the licensing department at the City but were never called back.  This is when he reports he received a notice of code violation.  He reported he is just trying to determine the correct amount owing to the City.  Mr. Koivu wants the City to tell him if his property is a condominium or an apartment.  He stated he has spoken with Kerry Leuzinger, Building Official, and Ken Parker, City Manager, and no one would give him a definitive answer.  He stated he was told to file his paperwork as a condominium if he feels it is a condominium or as an apartment if he feels it is an apartment.  Mr. Koivu stated he then told Ms. Diamond he was filing as a condominium and she reportedly said no, it is an apartment.  He stated he asked her for something in writing describing the property as an apartment complex and he would proceed in paying the fees. Mr. Koivu stated the complex was a condominium property that was to be sold but it did not work out.  Some of the units were sold as condominiums but most are rented out as apartments.  Each unit receives separate tax bills but he is not sure how the City of Port Orange describes the units.  Ms. Luff asked if there was an effective Declaration of Condominium on record with the State of Florida.  Mr. Koivu said he was not sure what the question meant.  Ms. Luff said it is not incumbent on the City to tell him what type of legal entity he is running.  Mr. Koivu replied they were a condominium and did have the appropriate State paperwork filed to sell the units as condominiums but does not know when they ceased to be a condominium. 

 

Ms. Diamond addressed the Board.  She provided a timeline of events since the violation was noticed.  Ms. Diamond stated when the violation was first noticed on May 6, 2010 an application was faxed to the Bungalows of Port Orange for a name change and ownership transfer because they were advised it was no longer Eagle Lake Apartments, which is the name the business tax was previously listed to.  The past due amounts were also provided at that time.  On May 12, 2010, the application was received back along with a letter from Mr. Koivu using the name Eagle Lake LLC d/b/a Bungalows of Port Orange.  In this letter he stated they went to being a condominium association, it did not work out, and they reverted back to being an apartment complex.  Ms. Diamond stated at that time she went to the State of

 

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December 1, 2010

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Florida’s website and found that the only license they had was a condo project and a Notice of

Intended Conversion on file.  Because the application with the City was filed under the name Bungalows of Port Orange and states it is apartment rentals she advised a fictitious name and a State of Florida Department of Business and Professional Regulations license for apartment rentals is required.  Ms. Diamond said Mr. Koivu has recently received that license and it is valid until April 1, 2011.  Ms. Diamond said the amount of fees, how the fees were calculated, and what needed to be done to come into compliance was explained to Mr. Koivu and/or his representative Steve Miller several times via e-mail, phone conversations, and at least once in person.  Ms. Diamond provided a copy of the State license application to Mr. Koivu showing him he applied to be licensed as an apartment rental complex.  A discussion ensued regarding how a condominium can be reclassified as an apartment and how the property will be taxed if some units are individually owned as condominiums and some are apartments.  Ms. Diamond said during the State inspection a list of units will be created that will show her which units are classified as apartments and they will be taxed accordingly.  Ms. Diamond said if the company is acting as a rental agent when renting out the condominiums a rental license is required, which is also through the State of Florida.  She stated she took into account the years they were classed as a condominium association and reduced the fees accordingly.  Member Keys asked Ms. Diamond if during their phone conversation Mr. Miller understood the fees, how much was owed, and agreed that the fees were valid.  Ms. Diamond replied yes and stated she has also mailed and/or emailed print screens of the calculations as well as breaking the amounts owed down to the amount due for each apartment.  She stated she has done this process at least three times with the Respondent or Mr. Miller.  Member Keys asked if the Respondent gave a reason he could not pay the fees.  Ms. Diamond said that they were still questioning the fees.  Mr. Koivu said he has sent checks and some were cashed, some were not.  He said it was not an issue of him trying to not pay the fees; it was that he wanted to get the correct balance.  Mr. Koivu again stated he was waiting for the City to tell him if he was an apartment complex or condominiums.  Chairman Troup reiterated that it is not the City who tells him what type of business he has, it is the State.  Chairman Troup asked what the $160 payment was for.  Ms. Diamond stated he sent in $160 for the 2011 yearly business tax renewal; this amount was applied to the overall balance but did not bring the account up to date.  She has another check for $200 that is being held; she did not process it to avoid giving the false impression that the payment would bring the account up to date.  If the check for the renewal had been processed separately from the large amount of other businesses renewing their tax licenses it would not have been processed either.  The total owed that was given earlier in the meeting did take into account the $160 payment.  Ms. Diamond stated she was told only four of the units were sold as condominiums.  Mr. Koivu answered there are three units that are privately owned.  Member Bickel asked how many units total are in the complex.  Mr. Koivu answered 77.  She asked if those 74 remaining units are actively being rented as apartments.  Mr. Koivu answered yes.  The units are deeded individually.  Member Bickel asked who owns the deeds if they were not sold.  Mr. Koivu said the condominium association only owns the common area; the unsold units are owned by Eagle Lake, LLC.  Chairman Code

 

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December 1, 2010

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Troup asked what the State license says the complex is.  Mr. Koivu stated the license, which was received approximately a month ago, says non-transient apartment.  He feels this does not automatically make it an apartment for City purposes.  Member Davidson asked Mr. Koivu if he is the original owner of the project.  Mr. Koivu stated no.  Ms. Diamond remarked that during her research for Mr. Parker’s original meeting with Mr. Koivu she found that there have been various company/ LLC owners but they have always been personally connected to Mr. Koivu.  Mr. Koivu stated this is not true, that he did not even see the place until 2004 and it was built in the 1980’s.  Member Davidson expressed concerns for the three owners who bought units as condominiums in a complex that is now being licensed as apartments. 

 

Ms. Diamond provided as evidence the application that was submitted to the City signed and notarized.  Mr. Koivu stated his son signed the application.  Member Bickel asked how many units were indicated on the application.  Ms. Diamond stated they failed to indicate that on the form.  Member Bickel said it looks like Mr. Koivu made his own determination that it was an apartment.  Member Davidson asked if Mr. Koivu owes business tax licenses since 2007.  Mr. Koivu stated he was out of the country and was not involved for several years.  He reported he had remained as a registered agent during that time.  He reported the complex was sold to the condominium developers in 2006 and he took the complex back in 2008.  He stated he does not know what types of licenses were obtained during that time period or what names may have been registered or used.  Ms. Diamond reported the names Bungalows of Port Orange Condo, Bungalows of Port Orange A Condo (used twice), and The Bungalows of Port Orange have been used.  Currently, according to the State, the approved uses are the reservation program, the managing entity, and the apartment.  Chairman Troup stated the form provided by Mr. Koivu states the Bungalows of Port Orange Condominium, Inc. was dissolved in September 2009. The condo association was not dissolved; the corporation was dissolved by the State of Florida for nonpayment of renewal fees.  Mr. Koivu stated they may still be a condominium.  Ms. Diamond stated the State lists the condominium project as approved delinquent 1/1/12, so the condominium project is going to expire and she stated Mr. Koivu told her on this day they were not going to renew it.  Ms. Diamond said from her understanding the intent is to be an apartment complex.  Ms. Luff advised Mr. Koivu to consult counsel if he is not sure how to file with the State.  Ms. Luff stated the State has the complex on file as a rental apartment and the City is seeking business taxes for an apartment complex.  Chairman Troup advised Mr. Koivu that the current fees due are $922.50 minus the check for $200 so $722.50 is owed.  If those are not paid by December 17, 2010 there are additional penalties that will be added to the balance.  Mr. Koivu stated he does not know if those amounts are correct.  Chairman Troup offered to have the order read to Mr. Koivu; he stated he did not need to hear it if he was going to get it in writing.  Mr. Koivu stated he did need to determine the calculation.  Chairman Troup said that has been determined.  The violation and amount of penalties was read by Ms. Diamond for the record.  Chairman Troup ended the discussion.         

 

 

 

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December 1, 2010

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6.         BOARD/STAFF COMMENTS

 

None.

 

7.         NEXT MEETING DATE

 

Chairman Troup requested the next meeting date be moved from January 5, 2010 to January 12, 2010.  Member Keys stated he will be out of town January 12, 2010.  The Board agreed that the next meeting will be January 12, 2010. 

 

8.         ADJOURNMENT:    6:26 p.m.

 

 

 

 

 

                                                                                    _______________________________

                                                                                    Chairman Robert Troup