CODE ENFORCEMENT BOARD MEETING

CITY OF PORT ORANGE

1000 CITY CENTER CIRCLE

COUNCIL CHAMBERS

FEBRUARY 2, 2011

 

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.

 

1.         ROLL CALL:              Present:          Chairman Robert Troup

Vice Chairman Michael Mellon      

Judith Bickel

Luther Davidson

                                                                        Scott Decker

                                                                        James Keys

                                                                        Richard Spitz

                                   

Also Present: Lynette Luff, Assistant City Attorney

Kerry Leuzinger, Chief Building Inspector

Amanda Bonin, Code Compliance Inspector

Deborah Faircloth, Code Compliance Inspector

                                                                        Carole Thomas, Recording Secretary

 

2.         CONSIDERATION OF MINUTES

 

Mr. Davidson requested that page 3 be changed to reflect that Mr. Guadagno came to the Building Department and spent all day without receiving any action.  Member Davidson asked that the word “required” on page 5 of 15, paragraph 3, be struck from the record and the word “requested” be used.

           

Motion made by Member Spitz, seconded by Vice Chairman Mellon to approve the minutes with recommended changes of the January 12, 2011 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.

 

 

 

 

 

4.         NEW BUSINESS

 

a.         CEB Case No. 10-1729

            Andrew Johnson

            5126 Ridgewood Avenue

            Port Orange, FL 32127

 

Amanda Bonin, Code Compliance Inspector requested to the Chairman that the Agenda be amended to hear Case 10-729, Item 4a first due to the Respondent being in attendance.   Chairman Troup approved the request.

 

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

 

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 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), Section 502 (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.

 

Ms. Bonin recommended that all the garbage, trash and debris needs to removed from the property and properly stored and no human habitation is permitted in the shed.  Ms. Bonin stated the address of the violation is 5126 Ridgewood Avenue, Port Orange, FL 32127 and the owner is Andrew Johnson. Ms. Bonin reported November 10, 2010 as the date the violation was observed and Notice of Violation issued November 17, 2010 requesting compliance by December 16, 2010 with a re-inspection date of December 17, 2010.  Ms. Bonin reported the results of the re-inspection showed non-compliance.   Re-inspections occurred January 12, 2011 and February 2, 2011 resulting in non-compliance. 

 

Ms. Bonin presented pictures showing broken and boarded windows at the front of the building dated January 18, 2011.  In addition, she showed the garbage, junk, trash and debris that should be properly stored at the back of the building.  Ms. Bonin also showed a picture dated February 2, 2011, of the shed on the property where she witnessed two people previously living.  Ms. Bonin stated she was not able to gain access to the back of the property on February 2, 2011 due to the gate being locked, the Respondent’s phone being turned off and no answer when she knocked on the front door of the business.  She stated she spoke with the first occupant of the shed and explained that the shed was not a proper living facility.  Ms. Bonin said the first man did leave but when she returned to re-inspect on December 17, 2010 but another man was residing there at that time.

 

Member Bickel asked if this was an open business and Ms. Bonin replied that it was an open Tattoo Parlor.  When asked by Member Davidson how the City was notified of the violation, Ms. Bonin stated the City was notified through an anonymous complaint.  The complainant stated he believed a person was presently living in the shed. 

 

Member Keys asked if Ms. Bonin made contact with the owner and if so what his response was regarding people residing in the shed.  Ms. Bonin stated she hand delivered a Notice of Violation to Adam in December 2010 but the owner denied that anyone was living in the shed.    Member Keys asked if all the violations were outlined in the Notice of Violation and Ms. Bonin stated they were all included as mentioned in her early testimony. 

 

Respondent, Mr. Andrew Johnson was duly sworn.  He stated the area behind the fence which shows the garbage, trash and debris has been cleaned up.  He also stated that due to his business being a Tattoo studio, the boards on the windows are intentionally in place to help eliminate sun exposure and preserve his tattoo designs he has on display in his business. With regard to the person living in the shed, Mr. Johnson stated he was a part of an unnamed fellowship which provides housing for people who have no place to go. He stated he allowed a disabled veteran to live there and while there, he used the indoor facilities in the main building.  Mr. Johnson stated given the choice of allowing people to live in the shed in the future, he would again do so.  Mr. Johnson stated upon notification of a violation, he asked the man to make other arrangements which was done.  Mr. Johnson stated there has not been anyone else living there since he was sent his Notice of Violation. 

 

Vice Chairman Mellon asked if any of the boarded windows have glass in them and Mr. Johnson stated no.  In an effort to achieve compliance, Vice Chairman Mellon suggested Mr. Johnson apply a film or window tint to knock out solar rays while still providing protection to the tattoo designs.  Member Keys asked if all the trash, garbage and debris was picked up and orderly and Mr. Johnson replied that the area has been cleaned up.  Member Keys also asked if there were anymore transients living on the property and Mr. Johnson stated there has not been anyone living in the shed. Member Bickell asked if the Tattoo studio is on the ground floor or both floors.  Mr. Johnson stated the studio is on the ground floor and his home residence is on the second floor.

 

Amanda Bonin recommended that Respondent Andrew Johnson be found Violation of Code of City of Port Orange, Florida, 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. 

 

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 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), Section 502 (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.

 

Member Davidson asked if the yard is entirely fenced in and Mr. Johnson stated that it is. Member Davidson asked if there was a different standard for a commercial fenced back yard v. residential back yard.  Ms. Bonin stated when she completed a commercial property maintenance inspection which mandates the area must be cleaned up, even if it is fenced in.

 

Member Davidson asked Assistant City Attorney what the law is regarding stowing of property behind a privacy fence. Attorney Luff stated she would need to research the issue of commercial property standards v. residential regarding stowing of property behind a privacy fence

 

Kerry Leuzinger was duly sworn.  Mr. Leuzinger reported he had visited to the property and the area in question and it appeared to be in an open area and not behind a privacy fence.  He stated if this property was behind a privacy fence it would not be a violation.  Mr. Leuzinger stated he would further investigate to determine if this area constitutes a violation.

 

Mr. Davidson asked if the City of Port Orange zoning allowed for mixed due to the second floor being used as a private dwelling and the first floor a business.  Mr. Leuzinger stated this would be an existing mixed use, non-conforming and is allowable.

 

Vice Chairman Mellon suggested tabling this case to the next Code Enforcement Board meeting which may assist the property owner in taking care of the windows, allow Assistant City Attorney Luff time to complete her research, provide more time for the Respondent to bring the property into compliance while we await a ruling on the fencing issue. 

                                   

Motion made by Vice Chairman Mellon, seconded by Member Bickel that Case 10-1720 to be tabled for 30-days until the next Code Enforcement Board meeting on March 2, 2011.  Motion carried 5 – 0 by voice vote.

 

 

 

 

 

With regard to Vice Chairman’s Mellon’s suggestion regarding window tint on the presently boarded windows, Mr. Leuzinger voiced his concern regarding egress in the event of an emergency or fire. Mr. Leuzinger stated that all plywood must be removed from the windows.  Mr. Leuzinger also testified that prior to November 2010, he, along with Ms. Bonin, another Code Compliance Inspector and Police Officer had witnessed people living in the shed on the property and this issue has been a reoccurring problem.  Member Davidson suggested that one of the recommendations next time may be to pull a building permit. Mr. Leuzinger stated the shed is defined as an accessory structure as Ms. Bonin mentioned earlier and defined as an accessory structure and which can only be used for a shed, carport or those types of things.  

 

b.         CEB Case No. 10-1814

            Henry Josefow, Jr.

4751 Ridgewood Avenue

Port Orange, FL 32127

 

Violation of 2007 Florida Building Code 2007, Section 105.1.  Permits required, as adopted by the City of Port Orange Land Development Code Chapter 1.

 

Amanda Bonin presented Case 10-1814.  Date violation was first observed was December 1, 2010.  The Notice of Violation is dated December 20, 2010 and mail was returned unclaimed.  The property was posted on January 19, 2011.  The date the violation was to be corrected was January 29, 2011.  Re-inspections occurred February 1, 2011 and February 2, 2011 resulting in non-compliance.  Ms. Bonin showed a series of photos depicting a storage shed placed on top of a second story roof addition.  Also pictured was a stairwell allowing access from the first floor. Vice Chairman Mellon asked if this was an apartment and Ms. Bonin stated this structure is being used as owner’s business office and no active building permits is file. 

 

Ms. Bonin’s recommendation is to find Respondent, Henry Josefow, Jr. in violation of the Florida Building Code 2007, Section 105.1, Permits required as adopted by the City of Port Orange Land Development Code Chapter 1. 

 

Motion made by Member Davidson, seconded by Vice Chairman Mellon  to find the Respondent in CEB Case 10-1814 in violation as recommended by staff.  Motion carried 4 – 0 upon roll call vote.

 

Ms. Bonin requests the violation be corrected on or before February 12, 2011 and if the Respondent does not comply with this Order, a fine of $250 per day be imposed for each day the violation continues after February 12, 2011.  Ms. Bonin request the Respondent contact this Code Compliance Inspector to arrange for a re-inspection of the property to verify compliance.

 

Motion made by Vice Chairman Mellon, seconded by Member Davidson to order the Respondent in CEB Case 10-1814 to correct the violation on or before February 12, 2011.  In the event the violation has not been corrected by February 12, 2011, a fine of $250 for each day the violation continues after February 12, 2011 will be imposed.  It is further recommended that the Respondent request a re-inspection by the Code Compliance Inspector to verify compliance.  Motion carried 5 – 0 by voice vote.

 

c.         CEB Case No. 11-065

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, Fl 32168

 

            Location of Violation:  34 Peterson Lane, Port Orange, FL 32127

 

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

 

Deborah Faircloth, Code Compliance Inspector was duly sworn and presented the City’s case.  Ms. Faircloth presented a series of photos of the seven parcels owned by Jai-Ambe, Inc. The photos included all the postings for Case 11-065, 11-066, 11-067, 11-068, 11-069, 11-070 and 11-071 taken January 20, 2011 and February 2, 2011.

 

Ms. Faircloth’s recommends the Respondent in CEB Case 11-065 be found in Violation of Code of City of Port Orange, Florida, 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), Violation of Code of City of Port Orange, Florida, 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), (D) Maintenance of improved residential lots.  The owner of an improved lot in a residential zone with lot sizes of one acre or less shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and undergrowth shall be cut to a height not exceeding ten inches. However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut to a height less than ten inches within such natural areas. 

 

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.

 

Ms. Faircloth stated the site is overgrown and debris has accumulated.  The address is 34 Peterson Lane.  This parcel is part of the abandoned/unfinished Country Inn & Suites site.  Jai-Ambe, Inc. is the owner of record, according the Volusia County Property Appraisers web page.  The violation was first observed on January 10, 2011 and the Notice of Violation was dated January 18, 2011.  The property was posted on site and in City Hall on January 20, 2011 in addition to being mailed U.S Mail and Certified Mail.  The green Certified card was signed for on January 22, 2011.  January 31, 2011 was the date the violation was to be corrected.  A re-inspection on February 1, 2011 showed no compliance.  The most recent inspection was February 2, 2011 which also showed no compliance.

 

Vice Chairman Mellon asked if the property was in foreclosure.  Ms. Faircloth stated the deed was still in the name of Jai-Ambe, Inc. as shown on the Volusia County Property Appraiser’s web page and the Incorporation is still active.  Member Keys asked if there has been any contact with the owner and Ms. Faircloth stated there has been no correspondence or telephone calls received. 

 

Motion made by Vice Chairman Mellon, seconded by Member  Davidson to find the Respondent in CEB Case No. 11-065 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.  Member Bickel asked if the property has ever received a Certificate of Occupancy and Ms. Faircloth said there has not been one issued. 

 

Motion made by Vice Chairman Mellon, seconded by Member Bickel to accept staff’s recommendation in CEB Case No. 11-065 as presented.  Motion carried 5 – 0 by voice vote.

 

In the interest of time, Vice Chairman’s recommended that Ms. Faircloth read the case number, address of the remaining six cases reference to the single violation which is all the same and then individually vote on each case after the Inspector read them all off.  Attorney Luff stated each case number would need to be stated, as well as the violation long with the violation would need to hear and motions made for each case individually. 

 

d.         CEB Case No. 11-066

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, FL 32168

 

            Location of Violation:  5816 Journey’s End, Port Orange, FL  32127

           

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

 

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.

 

Ms. Faircloth’s recommends the Respondent in CEB Case 11-066 be found in Violation of Code of City of Port Orange, Florida, 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), Violation of Code of City of Port Orange, Florida, 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), (D) Maintenance of improved residential lots.  The owner of an improved lot in a residential zone with lot sizes of one acre or less shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and undergrowth shall be cut to a height not exceeding ten inches. However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut to a height less than ten inches within such natural areas. 

 

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.

 

Motion made by Vice Chairman Mellon, seconded by Member  Keys to find the Respondent in CEB Case No. 11-066 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.   

 

Member Davidson asked why the Respondent is giving to March 2, 2011 to correct the violation if this property is within the City’s gateway.  Ms. Faircloth stated in case they do correct the violation and also due to prior CEB Case 11-065 was given until a March 2011 date and she wanted to try and make those violations to come into compliance about the same time.

 

Motion made by Vice Chairman Mellon, seconded by Member Keys to accept staff’s recommendation in CEB Case No. 11-065 as presented.  Motion carried 5 – 0 by voice vote.

 

e.         CEB Case No. 11-067

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, FL 32168

 

            Location of Violation:  910 Taylor Road, Port Orange, FL  32127

           

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

 

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.

 

Ms. Faircloth’s recommends the Respondent in CEB Case 11-067 be found in Violation of Code of City of Port Orange, Florida, 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), Violation of Code of City of Port Orange, Florida, 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), (D) Maintenance of improved residential lots.  The owner of an improved lot in a residential zone with lot sizes of one acre or less shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and undergrowth shall be cut to a height not exceeding ten inches. However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut to a height less than ten inches within such natural areas. 

 

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.

 

Motion made by Member Davidson, seconded by Member  Decker to find the Respondent in CEB Case No. 11-067 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.   

Motion made by Member Davidson, seconded by Member Bickel to accept staff’s recommendation in CEB Case No. 11-067 as presented.  Motion carried 5 – 0 by voice vote.

 

 

f.          CEB Case No. 11-068

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, FL 32168

 

            Location of Violation:  32 Peterson Lane, Port Orange, FL  32127

 

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

 

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.

 

Motion made by Member Davidson, seconded by Member  Decker to find the Respondent in CEB Case No. 11-068 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.   

 

Motion made by Member Keys, seconded by Member  Davidson to accept staff’s recommendation in CEB Case No. 11-068 as presented.  Motion carried 5 – 0 by voice vote.

 

g.         CEB Case No. 11-069

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, Fl 32168

 

            Location of Violation:  914 Taylor Road, Port Orange, FL  32127

           

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

 

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.

 

Motion made by Vice Chairman Mike Mellon, seconded by Member   Decker to find the Respondent in CEB Case No. 11-069 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.   

 

Motion made by Member Bickel, seconded by Member Keys to accept staff’s recommendation in CEB Case No. 11-069 as presented.  Motion carried 5 – 0 by voice vote.

 

h.         CEB Case No. 11-070

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, Fl 32168

 

            Location of Violation:  5832 Journey’s End, Port Orange, FL  32127

 

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

 

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.

 

Motion made by Member Davidson, seconded by Vice Chairman Mellon to find the Respondent in CEB Case No. 11-070 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.   

 

Motion made by Member Davidson, seconded by Member Bickel to accept staff’s recommendation in CEB Case No. 11-070 in violation as presented.  Motion carried 5 – 0 by voice vote.

 

i.          CEB Case No. 11-071

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, Fl 32168

 

            Location of Violation:  912 Taylor Road, Port Orange, FL  32127

           

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

 

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.

 

Motion made by Vice Chairman Mellon, seconded by Member Keys to find the Respondent in CEB Case No. 11-071 in violation as recommended by staff.  Motion carried 5 – 0 by voice vote.

 

Ms. Faircloth further recommends the Respondent be ordered to correct the aforesaid violation by abating all overgrowth and removing debris and maintaining this property in compliance before March 2, 2011.  In the event the property is not brought into compliance on or before March 2, 2011, the City of Port Orange shall have the option to abate the violation by mowing the property and removing all garbage, trash, junk and debris.  Any viable construction material will not be removed.  The property shall incur a lien, payable to the City of Port Orange for all cost of abatement.   

 

Motion made by Member Bickel, seconded by Member Decker to accept staff’s recommendation in CEB Case No. 11-071 in violation as presented.  Motion carried 5 – 0 by voice vote.

 

5.         OLD BUSINESS

 

6.         BOARD/STAFF COMMENTS

 

Member Keys stated the next Code Enforcement meeting of March 3, 2011 will be his last Board meeting.  He said is leaving town and moving to Tennessee.  He stated is has been a pleasure being on the Board and thanked everyone.

 

Member suggested the Chairman and Vice Chairman be first and second on future Code Enforcement Board minutes.

 

7.         NEXT MEETING DATE

 

Next meeting date is March 2, 2011.

 

8.         ADJOURNMENT:    6:29 p.m.

 

 

 

                                                                                    _______________________________

                                                                                    Chairman Robert Troup