CODE ENFORCEMENT BOARD MEETING

CITY OF PORT ORANGE

1000 CITY CENTER CIRCLE

COUNCIL CHAMBERS

MARCH 2, 2011

 

THE REGULAR MEETING OF THE CODE ENFORCEMENT BOARD of the City of Port Orange was called to order by Chairman Troup at 5:37 p.m.

 

1.         ROLL CALL:              Present:          Chairman Robert Troup

Vice Chairman Michael Mellon      

Judith Bickel

                                                                        Scott Decker

                                                                        Sean Maroney

                                   

Absent:           Luther Davidson (excused)

                        Richard Spitz (excused)

 

Also Present: Lynette Luff, Assistant City Attorney

Amanda Bonin, Code Compliance Inspector

Elizabeth Diamond, Business Tax/Code Inspector

Deborah Faircloth, Code Compliance Inspector

Dena Joseph, Code Compliance Inspector

                                                                        Carole Thomas, Recording Secretary

 

2.         CONSIDERATION OF MINUTES

 

Motion made by Vice Chairman Mellon, seconded by Member Bickel to approve the minutes with recommended changes of the February 2, 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.

 

Chairman Troup welcomed the newest member to the Board, Sean Maroney.   A request to add an item to the Agenda was made to the Chairman.  Case 10-0568, 1238 Eddie Drive, Port Orange , FL 32129 would be added under “Old Business”. 

 

Motion made by Member Bickel, seconded by Member Decker to amend the agenda to add CEB Case 10-0568 under Old Business to consider an approval of Order Imposing Fine/Lien and Affidavit of Compliance which was amended due to a correction in the enforcement fine amount. Motion carried 5 - 0 upon voice vote.

 

Chairman Troup announced that since the Port Orange Police Officer was not in attendance yet, the meeting would be opening up with CEB Case No. 10-1879, under New Business 4b instead of CEB Case 11-0149, under new Business 4a.

 

4.         NEW BUSINESS

 

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.

 

Deborah Faircloth, Code Compliance Inspector, was duly sworn and presented Case 10-1879.  Ms. Faircloth stated due to not receiving good service on this case, she requested the case be moved to next month’s meeting of April 6, 2011.

 

Motion made by Vice Chairman Mellon, seconded by Member Decker requesting a continuance of CEB Case 10-1879 to next month’s Code Enforcement Board agenda of April 6, 2011 as good service was not received from the Respondent.  Motion carried 5 – 0 by voice vote.

 

 

 

 

 

 

 

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

 

Libby Diamond, Code Compliance Inspector and Business Tax Representative, was duly sworn and presented Case 11-197.  She stated the location of the violation as 5889 S. Williamson Blvd., Unit 1422, Port Orange, FL  32128 and the business name as Aviation Broadcast, LLC.  The respondents are Robert King, business owner, Martin Petera, business owner and Andrew Clark, Clark Properties Corporation, as property owner.

 

The case is in violation of the City Code and Florida Statute, 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.

 

Ms. Diamond reported the description of the violation as the business has failed to maintain a Business Tax Receipt for 2011.  The Business Tax amount due is $62.50 as well as a $250.00 penalty added as of February 1, 2011, for a grand total of $312.50.  The violation was first observed October 1, 2010.  Attempts to contact the violator were made on January 18, 2011 via a telephone message left at the place of business and on January 28, 2011 via a voice mail message left with Shelly at the place of business.  The Notice of Violation was mailed certified mail on February 3, 2011.  The certified receipts were received by Martin Petera on February 9, 2011, Robert King on February 7, 2011 and Andrew Clark on February 7, 2011.   Ms. Diamond received a telephone call from Greg Strange on February 25, 2011 asking that an application be faxed to him to transfer the business which was still active at that time.  The violation was to be corrected on February 11, 2011 and the last re-inspection was March 2, 2011.   The results of the re-inspection revealed non-compliance.  Ms. Diamond stated nobody from the business was present at the meeting.

 

Member Decker asked if there had been any results after faxing the application.  Ms. Diamond stated she has received no response from Mr. Strange even though she impressed the sense of urgency with regard to timing as the case would be going before the Code Enforcement Board on March 2, 2011. 

 

Ms. Diamond recommended the Board find Robert King, Martin Petera and Andrew Clark of Clark Properties Corporation be found in violation of 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.

 

Motion made by Vice Chairman Mellon, seconded by Member Decker to find the Respondent in CEB Case 11-197 to be in violation as recommended by staff.  Motion carried 5 – 0 upon roll call vote.

 

Ms. Diamond requested the violation be corrected on or before March 18, 2011.  If the Respondent does not comply with this Order, a 25% penalty in the amount of $78.13 is assessed to the Business Tax fees due and a fine of $250 per day, be imposed for each day the violation continues past March 18, 2011.  Ms. Diamond further recommended that the Respondent contact this Code Compliance Inspector to verify compliance. 

 

Motion made by Member Decker, seconded by Member Bickel to accept Staff’s recommendation in CEB Case 11-197 as presented.  The Motion carried 5 - 0.

 

 

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.

 

Ms. Diamond stated Rebecca from B & J of Port Orange, LLC was in attendance for Case 11-198 but due to good service not being received from Richard Beckman, Registered Agent, she requested the case be moved until the next Code Enforcement Board meeting on April 6, 2011.

 

 

 

 

 

Motion made by Vice Chairman Mellon, seconded by Member Decker requesting a continuance for CEB Case 11-198 to next month’s Code Enforcement Board meeting on April 6, 2011 as good service was not received from Richard  Beckman, Registered Agent.  Motion carried 5 – 0 by voice vote.

 

 

5.         OLD BUSINESS:

 

a.                  CEB Case No. 10-0568

GMAC Mortgage LLC

1100 Virginia Drive

Ft. Washington, PA 19034

 

Location of Violation:  1238 Eddie Drive, Port Orange, FL  32129

 

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 (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 free and clear of garbage, waste, trash, debris and junk.

 

Dena Joseph, Code Compliance Inspector was duly sworn and presented Case 10-0568.  Ms. Joseph stated the Respondent in the case is GMAC Mortgage, LLC and the property owner is foreclosure. She stated the case was found in violation and an Order Imposing Fine/Lien was completed in addition to the Affidavit of Compliance once the property was mowed by the City.  The Code Enforcement Board imposed a $100 fine, per day, but the paperwork was erroneously recorded as $250 per day.  Ms. Joseph is requesting the Order Imposing Fine/Lien due be amended to indicate the correct amount of $100 per day along with the Affidavit of Compliance.

 

 

 

 

 

Motion made by Vice Chairman Mellon, seconded by Member Bickel to amend the Order Imposing Fine/Lien from $250 per day to reflect the Board’s initial decision correctly in the recorded lien as $100 per day.  Motion carried 5 – 0 by voice vote.

 

 

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 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.

 

Amanda Bonin, Code Compliance Inspector was duly sworn and presented Case 10-1729.  Ms. Bonin stated during the last Code Enforcement Board meeting held February 12, 2011 this case was tabled for 30 days in order to investigate whether or not the outside storage behind the building and fence was a violation.  Ms. Bonin stated that upon re-inspection, it was determined the outside storage was not a violation.  However, Ms. Bonin stated that some of the previous violations have not achieved compliance as it relates to Chapter 3 (General Requirements), Section 304 (Exterior Structure), 304.13 (Window, skylight and door frames) of the 2009 International Property Maintenance Code.  She stated the windows have not been installed or the window film. 

 

Compliance was also not achieved as it relates to 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. 

 

She stated compliance has been achieved with regard to Chapter 2 (Definitions And Interpretations) of the City of Port Orange Land Development Code, Section 2, (Definitions). Accessory structure (appurtenant structure) and 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.

 

When asked by Vice Chairman if the Respondent was working on the other sections of the property, Ms. Bonin stated as of today’s meeting, she was told by a young lady who lives on the premises that the glass and film were being ordered and being picked up today (March 2, 2011).  However, by 2:30 p.m., nothing had been installed.  Ms. Bonin provided her business card and requested the Respondent contact her upon completion of the installation but as of 5:22 pm today, no message was received from the Respondent or the young lady.

 

Vice Chairman Mellon stated this case was tabled for 30 days in order to resolve all the issues as reported by Ms. Bonin at the February 2, 2011 Code Enforcement Board meeting. Ms. Bonin presented pictures which show the areas that are still in violation taken on March 2, 2011. Based on the type of business and the upcoming Bike Week events, Vice Chairman Mellon asked Chairman Troup if the matter could be continued for 30 more days due to the fact the Respondent is attempting to achieve compliance.

 

Mr. Decker asked if Vice Chairman Mellon if he would like to hear staff recommendation first.  Vice Chairman Mellon concurred.  Assistant City Attorney Luff stated that in accordance with Parliamentary procedure, due to this case having been tabled, there would first need to be a Motion to have the case taken off the table in order to discuss it. 

 

Motion made by Member Decker, seconded by Member Maroney to take CEB Case 10-1729 off the table in order to discuss it.

 

Ms. Bonin recommended the Board find Andrew Johnson be found in violation of the City of Port Orange, Code of Ordinance, Chapter 42, Section 42-26 (C) and (f), Garbage, junk, trash and debris and Section 304 (Exterior Structure), 304.13 (Window, skylight and door frames) of the 2009 International Property Maintenance Code. 

                                   

Motion made by Vice Chairman Decker, seconded by Member Bickel that the Respondent be found in violation.  Motion carried 4 – 1 with Vice Chairman Mellon dissenting.

 

Ms. Bonin recommended the violation be corrected on or before March 14, 2011. If the Respondent does not comply with this Order, a fine of $250.00 is to be imposed for each day the violation continues beyond March 14, 2011.  Ms. Bonin further recommends the Respondent contact this Code Compliance Inspector to arrange for a re-inspection of the property to verify compliance.  Member Bickel asked when Bike Week was over and Vice Chairman responded March 14, 2011.  Member Bickel suggested giving the Respondent more time to correct the remaining violations.

 

Motion made by Vice Chairman Mellon, seconded by Chairman Troup to change the effective date of compliance to March 31, 2011 and change the imposed fine from $250 per day to $100 per day, each day the violation continues past March 31, 2011.  Motion carried 5 – 0.

 

 

 

 

 

 

 

Vice Chairman Mellon recommended that Ms. Bonin inform the respondent that the Code Enforcement Board is serious and that he has pushed the Board to the limit. 

 

The Police Officer arrived and CEB Case 11-0149 could now be heard.

 

4.         NEW BUSINESS:

 

a.         CEB Case 11-0149 – Repeat Violation

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.

 

Code Compliance Inspector Dena Joseph was previously sworn and presented Case 11-0149 which is a repeat violation heard by the Code Enforcement Board on July 7, 2010.  On July 7, 2010, the Board ruled that the property was in violation of 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 and Chapter 16 (Miscellaneous Regulations), Section 1 (Accessory Uses and Structures), (e) Outside Storage, (1), (a) of the City of Port Orange Land Development Code. In addition, Chapter 70 (Traffic), Section 70-36 (Stopping, Standing or Parking Prohibited in Specified Places, (a), (1), (k) of the City of Port Orange Code of Ordinances.  No person shall stop, stand or park a motor vehicle or trailer on any portion of the front yard or a residential lot, except on approved driveways.

 

The location of the property and violation is 1411 Chamale Lane, Port Orange, FL 32129 and the property owner is Karen S. Jacobs.  Ms. Joseph stated the property continues to be violation.  The recreational vehicle, a boat, continues to be parked in improper locations on the property.  In addition, there is outside storage which has been on going up until this Code Enforcement Board meeting of March 2, 2011.  Initially when the Board heard the case on July 7, 2010, an Order was imposed enforcing the violations be corrected by July 17, 2010 or a fine in the amount of $500 per day would be incurred for each day the violation continued past July 17, 2010.  A re-inspection was requested on July 16, 2010 by the property owner and the property was in compliance. An Affidavit of Compliance was completed and sent to Ms. Jacobs. 

 

At this time, however, the violations were again observed on January 27, 2011. The Notice of Violation/Request for Hearing was sent certified mail and regular U.S. Mail on February 8, 2011 to Karen S. Jacobs, 1411 Chamale Lane, Port Orange, FL 32129.  The certified mail was signed for on February 9, 2011.  The Notice of Violation and Request For Hearing was also posted on the property on February 9, 2011. 

 

Due to the property being a repeat violation, Ms. Joseph recommended the property be cleaned up immediately.  The date of the most recent inspection was March 2, 2011 and an oversized boat still remains parked in the driveway.  Ms. Joseph showed a series a photos dating back to July, 2010 and to the present, March, 2011 depicting the outside storage and the oversized illegal boat parking.  Ms. Joseph was asked by Member Bickel if she has had conversations with Ms. Jacobs recently.  Ms. Joseph said she did have conservation with Ms. Jacobs on February 9, 2011 but they did not discuss this repeat violation issue before the Board today. 

 

Ms. Joseph showed the Board a photo taken on August 2, 2011 which was after the property came into compliance on July 16, 2010.   Ms. Joseph showed photographs of outside storage such as mattresses, riding lawn mowers and the oversized boat parked in front, in the right-of-way and on the front lawn. She showed a photograph dated February 1, 2011 showing the boat parked in the front of the house.  She stated the boat continues to be moved from one place to another in the yard.  If it is not parked beside the driveway it is parked in the right-of-way.  The respondent has been notified by the Port Orange Police Department on three separate occasions about parking in the right-of-way and she was issued a citation on February 2, 2011.  as well as a warning by the Port Orange Police Department in April and June of 2010 regarding parking in the right-of-way. They were told to move the boat which was moved into the driveway but they continue to fall short of compliance.

 

Ms. Joseph showed photographs of outside storage of various items such as mattresses, fans, riding lawnmowers and appliances dated January 26, 27, 31, 2011 and February 1, 3, 4, 9 and 11, 2011.  The property was posted on February 8, 2011.  Ms. Joseph mentioned there were also appliances stored behind some of the bushes in the front yard.  One photograph taken on February 11, 2011 showed a different boat than what was shown before but this boat still exceeds 24 feet.  Ms. Joseph stated there is a 72 hour minimum that a boat can be parked on the property.  She showed photographs taken January 26, 27 and 28.  She also showed a photo dated taken July 28, 2010 which was past the date compliance achieved on July 16, 2010.

 

Member Bickel stated that it appears that a strong message needs to be sent to the property owner as it appears they are thumbing their noses at the City. Ms. Joseph stated that the City constantly continues to receive complaints about this location and ample opportunities have been extended after the July, 2010 Code Enforcement Board meeting to come into compliance. Ms. Joseph also stated the City has also received complaints that there are continuous garage sales at this location.  In February, 2011 a garage sale was conducted without a permit.  Ms. Joseph also has been told that various items have been advertised for sale on Craig’s List.  She stated this location is a continuous problem and the City continues to receive complaints.

 

 

Karen S. Jacobs was duly sworn.  She stated she would do whatever it takes for her property to come into compliance.  She stated the evidence presented is due to her adult children moving in and out of the residence over and over again.  Ms. Jacobs stated she thought the smaller boat was within the limits for compliance.  She stated the only time the boat was out from behind the fence was so that it could taken away.  Ms. Jacobs apologized to the Board stating times have been very difficult for her.  Member Bickel stated the reasons for the complaints are from neighbors who are fed up with the situation.  Member Decker expressed to Ms. Jacobs, as the evidence shows, that she has been sent notices of the violations since last summer and the violations have continued.  Ms. Jacobs stated she contacted Ms. Joseph’s office repeatedly but has not spoken with her.  Ms. Joseph stated she hand delivered the Notice of Violation and she has talked with Ms. Jacobs on several occasions.  Ms. Jacobs said she did not want any trouble and does not understand her neighbor’s problem with her.  Member Decker stated that the property has been trashed for eight months.  Ms. Joseph stated this respondent used to live on Craig Court in Willow Run and the exact same problems occurred at that location as well.  Ms. Joseph stated this property owner was written up for the same exact boat and outside storage so they are well aware of what is required for compliance. 

 

Ms. Joseph recommended as indicated in the evidence presented in CEB Case 11-0149, she is requesting the Board find Karen S. Jacobs as a Repeat Violator of 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:

 

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

(5)               Behind the front plane of a dwelling unit

(6)               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.

 

 

Motion made by Vice Chairman Decker, seconded by Chairman Troup that the Respondent in CEB Case 11-0149 be found in repeat violation.  Motion carried 5-0.

             

Ms. Joseph requests that the violator, Karen S. Jacobs be fined in accordance with Chapter 162.09 of the Florida Statues for repeat violations and shall face fines not to exceed $250 per day beginning January 31, 2011 and ending when the property is brought into compliance. 

 

Vice Chairman Mellon verified the date of compliance as January 31, 2011.  Ms. Joseph stated the photographs of the boat parked in the driveway were taken on January 26, 27 and 28, 2011 which is the allowable time period and an extra day was added because it was unclear what time of day the boat was brought in, hence January 31, 2011 was used at the first day of the violation.  Vice Chairman asked when the respondent was notified and Ms. Joseph stated February 9, 2011 but verified that she wanted to back date the violation prior to notification.

 

Motion made by Vice Chairman Mellon, seconded by Member Decker accept Staff’s recommendation in CEB Case 11-0149 as presented.  The Motion  carried 3 – 2 with Chairman Troup and Member Bickel dissenting.

 

5.                  OLD BUSINESS

 

b.                  CEB Case No. 11-065

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

c.                  CEB Case No. 11-066

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

d.                  CEB Case No. 11-067

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

e.                  CEB Case No. 11-068

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

f.                    CEB Case No. 11-069

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

g.                  CEB Case No. 11-070

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

h.                  CEB Case No. 11-071

            Jai-Ambe, Inc.

            3569 Grand Tuscany Way

            New Smyrna Beach , FL  32168

 

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

 

Deborah Faircloth, Code Compliance Inspector, was previously sworn and presented Cases 11-065, 11-066, 11-067, 11-068, 11-069, 11-070 and 11-071 which were previously heard on February 2, 2011.  Ms. Faircloth stated these cases were voted on and passed per staff recommendation at the February 2, 2011 Code Enforcement Board meeting, however, staff’s recommendation inadvertently sited the violation in accordance with Section 42-26 (D) Residential of the City of Port Orange Code of Ordinances rather than for commercial 42-26 (C), Commercial.  Staff’s recommendation is to vacate the previous findings of the violations on the referenced cases from February 2, 2011.  

 

Motion made by Vice Chairman Mellon, seconded by Member Bickel to accept Staff’s recommendation.  The Motion  carried 5 – 0.

 

 

Ms. Faircloth stated on February 15, 2011, the property was sold and the new owner of the property is Florida Southern Bank.  The new owner has brought the property into compliance by removing trash and debris, mowing the right of ways and cleaning the properties.  A new owner and developer will be taking over soon and continuing with the development of the hotel site.  She stated she has met with the new owner/developer and they are motivated and she is very optimistic for the site. 

 

Accordingly, Ms. Faircloth recommends the previously mentioned cases be closed. Ms. Faircloth stated if the property needed to be re-addressed in the future for any reason, the new property owner of record, Florida Southern Bank would have to be contacted.  Ms. Faircloth has forwarded an Affidavit of Compliance to be filed with the Code Enforcement Board secretary for Case 10-1634 which was the original case presented at the January 12, 2011 Code Enforcement Board meeting.  Ms. Faircloth showed the Board a series of photographs depicting the old state of the property and the new state of the property which is now in compliance.  Member Mellon asked if this recommendation needed a Motion for dismissal.  Ms. Luff stated it is the Code Enforcement Inspector’s discretion as to the closing of a case.  Since the Code Enforcement Board has vacated its finding of violation, therefore, a Motion to Dismiss is not necessary.

 

 

6.         BOARD/STAFF COMMENTS

 

Member Bickel stated she may or may not be in attendance for the next Board meeting of April 6, 2011.

 

7.         NEXT MEETING DATE

 

Next meeting date is April 6, 2011.

 

8.         ADJOURNMENT:    6:45 p.m.

 

 

 

                                                                                    _______________________________

                                                                                    Chairman Robert Troup