AMENDED AGENDA

 

REGULAR CODE ENFORCEMENT BOARD MEETING

CITY OF PORT ORANGE

COUNCIL CHAMBERS - 1000 CITY CENTER CIRCLE

March 2, 2011

5:30 P.M.

 

CALL TO ORDER

 

1.         ROLL CALL

 

2.         CONSIDERATION OF MINUTES – February 2, 2011

 

3.         ATTORNEY OVERVIEW OF CODE ENFORCEMENT PROCESS

 

4.         NEW BUSINESS

 

a.         CEB Case No. 11-0149

            Karen S. Jacobs

            1411 Chamale Lane

Port Orange, FL 32129

 

Chapter 70 (Traffic), Article II, Section 70-48 (Parking of recreational vehicles and equipment on residential premises, (c), of the City of Port Orange Code of Ordinances:  No recreational vehicle or equipment greater that 24 feet in length shall be parked or stored on any residential lot or the right of way adjoining the residential lot except for the following:

 

(1)          In an enclosed building or a completely enclosed garage

(2)          Behind the front plane of a dwelling unit

(3)          Anywhere on residential premises for a period not to exceed 72 hours in any continuous 30 day period for the purpose of maintenance, loading or unloading

 

Chapter 16 (Miscellaneous Regulations), Section 1 (Accessory Uses and Structures), (e) Outside Storage, (1), (a) of the City of Port Orange Land Development Code: Outside storage of materials and equipment shall be restricted to the rear yard area and screened by an opaque fence or hedge so that such materials are not visible from any public right of way or adjoining lot.

 

 

b.         CEB Case No. 10-1879

            Kinder-Land Academy, Inc.

      1640 Selma Avenue

      Holly Hill, FL  32117

 

Business Name and Location of Violation:  Montessori Magic

632 Herbert Street, Port Orange , FL 32129

 

City of Port Orange Code of Ordinances Chapter 74, Article VIII - Cross Connection Control and State of Florida FAC 62.555.360 - Cross Connection Control for Public Water Systems. Backflow prevention devices are required to be installed on all potable, irrigation, and fire water lines and to be inspected and tested by a certified backflow prevention tester on an annual basis.

 

c.            CEB Case 11-197

            Robert King, Martin Petera and

            Clark Properties Corporation, Andrew Clark

            5889 S. Williamson Blvd. Unit 1422

            Port Orange, FL 32128

           

Location of Violation:  5889 S. Williamson Blvd., Unit 1422, Port Orange, FL 32128

 

Chapter 18, Article II, Section 18-27 (Business Tax Imposed) of the City of Port Orange Code of Ordinances. 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.) of the City of Port Orange Code of Ordinances.  Florida Statute 205.053 Business tax receipts; dates due and delinquent; penalties.

 

d.            CEB Case 11-198

            Richard Beckman and

            B and J of Port Orange, LLC, Robert Lowery

956 Herbert Street

Port Orange, FL  32129

           

            Location of Violation:  956 Herbert Street, Port Orange, FL  32129

           

Chapter 18, Article II, Section 18-27 (Business Tax Imposed) of the City of Port Orange Code of Ordinances. 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.) of the City of Port Orange Code of Ordinances.  Florida Statute 205.053 Business tax receipts; dates due and delinquent; penalties.

 

 

 

 

 

5.         OLD BUSINESS:

 

a.         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 such lot, piece or 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 to 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 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 minimal 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 closet 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.

 

b.         CEB Case No. 11-065

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, FL 32168

 

            Location of Violation:  34 Petterson 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.

 

c.         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.

 

d.         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.

 

e.         CEB Case No. 11-068

            Jai-Ambe, Inc.

            3569 Grande Tuscany Way

            New Smyrna Beach, FL 32168

 

            Location of Violation:  32 Petterson 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.

 

f.          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.

 

g.         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.

 

h.         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.

 

6.         BOARD/STAFF COMMENTS

 

7.         NEXT MEETING DATE

 

8.         ADJOURNMENT

 

ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CODE ENFORCEMENT BOARD WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE HE OR SHE MAY NEED TO ENSURE AT HIS OR HER OWN EXPENSE FOR THE TAKING AND PREPARATION OF A VERBATIM RECORD OF ALL TESTIMONY AND EVIDENCE OF THE PROCEEDING UPON WHICH THE APPEAL IS TO BE BASED.

 

NOTE: IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE.  PLEASE CONTACT THE DEPUTY CITY CLERK FOR THE CITY OF PORT ORANGE, 1000 CITY CENTER CIRCLE, PORT ORANGE, FLORIDA 32129, TELEPHONE NUMBER 386-506-5563, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OR 5 DAYS PRIOR TO THE MEETING DATE; IF YOU ARE HEARING OR VOICE IMPAIRED, CONTACT THE RELAY OPERATOR AT

1-800-955-8771