CITY OF PORT ORANGE

CODE ENFORCEMENT BOARD MEETING AGENDA

Wednesday, March 7, 2012 at 5:30 p.m.

Council Chambers

1000 City Center Circle

 

 

A.            CALL TO ORDER

 

1.            Roll Call

2.            Consideration of Minutes

3.            Overview of Code Enforcement Process

 

B.            NEW BUSINESS

 

4.         CEB CASE NO. 12-443

                        RESPONDENT/ James V. & Itala M. Kloos

                        ADDRESS OF VIOLATION/ 828 Sugarhouse Blvd., Port Orange, FL 32129

CODE OFFICER/ Scott Allman

First Notified – February 22, 2012

 

Cited for violation(s) Chapter 16, Section 1(e), (1) (a) & (b) of The City of Port Orange Land Development Code, (Outside Storage).

Article II Section 42-26 (f) of the City of Port Orange Code of Ordinances. (Cleanliness of Property).

 

On January 6, 2010 the City of Port Orange Code Enforcement Board heard case # 09-1827, found the respondents in violation, and ordered the respondents to abate the violation(s) on or before January 31, 2010, or a fine of $500.00 per day would be assessed for each day the violation continued past January 31, 2010. The violation was abated and the case was found in compliance on January 31, 2010. (Copy of the Finding of Fact, Conclusion of Law and Order is attached).

 

On July 6, 2011 the City of Port Orange Code Enforcement Board heard case # 11-944, found the respondents in repeat violation. The property was in violation from May 25, 2011 through June 30, 2011 and the board ordered a total fine of $100.00. (Copy of the Finding of Fact, Conclusion of Law and order is attached).

 

Due to the Boards previous findings of violation, this case is deemed a repeat of a repeat violation according to FL Statute 162.09 repeat violations

 

Violation(s) – Outside storage of various items, and garbage trash, junk, and debris on the property.

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

5.         CEB CASE NO. 12-0061

                        RESPONDENT/ Bank of New York Mellon TR, C/O Bank of America NA

                        ADDRESS OF VIOLATION/ 4667 Hidden Lake Drive, Port Orange, FL 32129

CODE OFFICER/ Dena Joseph

First Notified – January 23, 2012

 

Cited for violation(s) 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 located within the city shall keep such lot, piece, and parcel of land free and clear of garbage, waste, trash, debris and junk. 

 

Violation(s) – High weeds and grass – property must be mowed in its entirety

All garbage, waste, trash and debris must be removed from the property.

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

6.         CEB CASE NO. 11-2899

                        RESPONDENT/ J. Michelle & Allan Johnson

                        ADDRESS OF VIOLATION/ 911 Tall Pine Dr., Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – January 23, 2012

 

Cited for violation(s) Violation of the City of Port Orange, Florida, Code of Ordinances, Chapter 16, Miscellaneous Regulations, Section 1, Accessory Uses and Structures, (e) Outside Storage, (1) Residential Uses, (a) 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, and (b) Materials and equipment such as appliances, unlicensed or inoperable motor vehicles, motor vehicle parts, and equipment used as part of a business conducted off site shall not be stored outside.

 

Chapter 16, Miscellaneous Regulations, Section 3, Fences and Walls (b) General Provisions (4) Design and Maintenance (b) All fences shall be maintained in their original upright condition and (d) Missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality. 

 

Violation(s) – Outside storage of unregistered vehicle, inoperable camper (flat tire), large plastic tank and barrels, wood, garbage cans, chairs, etc., is prohibited unless property stored according to the City’s Code.

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

7.         CEB CASE NO. 11-2500

                        RESPONDENT/ Richard Buzon

                        ADDRESS OF VIOLATION/ 102 Stratford Sq., Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – February 6, 2012

 

Cited for violation(s) Violation of City of Port Orange Land Development Code

Chapter 16 Section 3 Fences and Walls (b)(4)(b) Design and Maintenance (All fences shall be maintained in their original upright condition & (d) (missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality. limbs.  All weeds, grass and undergrowth shall be cut to a height not exceeding ten (10) inches.

 

Chapter 16 Section 1(e)(1)(a)&(b). Outside Storage (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). (Materials and equipment such as appliances, unlicensed / inoperable motor vehicles and motor vehicle parts, shall not be stored outside).

 

The City of Port Orange Code of Ordinances: 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 located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk.

 

International Property Maintenance Code, Chapter 3, Section 303 Swimming Pools, Spas and Hot Tubs, 303.1 Swimming Pools (Swimming pools shall be maintained in a clean and sanitary condition, and in good repair)..

 

Violation(s) – There is a dilapidated, falling down fence around the back and side yards along with unsanitary conditions in pool (green).

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

8.         CEB CASE NO. 11-1772

                        RESPONDENT/ Olson, Jackie Jerome & Hietalahti, Judith Marie

                        ADDRESS OF VIOLATION/ 210 Dunlawton Ave., Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – November 23, 2011

 

Cited for violation(s) of Chapter 42, Section 42-26(c) City Code of Ordinances. 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 such lot, piece or parcel of land free and clear of all fallen trees and limbs and undergrowth exceeding 12 inches in height.

 

Chapter 42, Section 42-26(f) City Code of Ordinances. Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of land located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk.

 

Violation(s) – High weeds and grass and garbage, waste, trash, etc., prohibited.  

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

9.         CEB CASE NO. 11-2501

                        RESPONDENT/ US BANK NATL ASSOC TR C/O ALDRIDGE CONNORS LLP

                        ADDRESS OF VIOLATION/ 119 Stratford Square, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – February 7, 2012

 

Cited for violation(s) of Chapter 16 Section 3 Fences and Walls (b)(4)(b) Design and Maintenance (All fences shall be maintained in their original upright condition & (d) (missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.

 

Chapter 16 Section 1(e)(1)(a)&(b). Outside Storage (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). (Materials and equipment such as appliances, unlicensed / inoperable motor vehicles and motor vehicle parts, shall not be stored outside).

 

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 located within the city shall keep each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk.

 

Violation(s) – There is a dilapidated, falling down fence with missing pickets.

Outside storage of materials alongside and front side of house needs to be properly stored.

All garbage, waste, and trash shall be removed from property.       

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

10.       CEB CASE NO. 12-359

RESPONDENT/ Oak Place Industrial Park LLC, C/O Nova Property Management, and Oak Place Auto Body Shop, INC.

                        ADDRESS OF VIOLATION/ 630 Oak Place, Unit P., Port Orange, FL 32127

CODE OFFICER/ Elizabeth Diamond

First Notified – July 1, 2011

 

Cited for violation(s) 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.

 

Violation(s) – The 2012 Business Tax has not been paid and is expired.  This violation is considered a repeat violation of case # 10-749 heard before the Code Enforcement Board on January 12, 2011.        

 

Action to be Considered/Finding Violation:  Compliance or Non-Compliance of a repeat violation

 

11.       CEB CASE NO. 12-372

                        RESPONDENT/ AVIATIONBROADCAST, LLC, C/O Martin Petera

                        ADDRESS OF VIOLATION/ 1738 Spottswoode Ct., Port Orange, FL 32127

CODE OFFICER/ Elizabeth Diamond

First Notified – July 1, 2011

 

Cited for violation(s) of 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.

 

Violation(s) – The 2012 Business Tax Renewal has not been paid and is expired.  This violation is considered a repeat violation of case # 11-197 heard before the Code Enforcement Board on January 12, 2011.  

 

Action to be Considered/Finding Violation:  Compliance or Non-Compliance of a repeat violation

 

12.       CEB CASE NO. 12-333

RESPONDENT/ B and B Ice Vending LLC, c/o Richard Beckman, and B and J of Port Orange, LLC, c/o Robert Lowery

ADDRESS OF VIOLATION/ 960 Herbert St. (Machine Address), 956 Herbert St. (Property Address)

CODE OFFICER/ Elizabeth Diamond

First Notified – July 1, 2011

 

Cited for violation(s) 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.

 

Violation(s) – The 2012 Business Tax Renewal has not been paid and is expired.  This violation is considered a repeat violation of case # 11-198 heard before the Code Enforcement Board on April 6, 2011.           

 

Action to be Considered/Finding Violation:  Compliance or Non-Compliance of a repeat violation

 

C.        TABLED ITEMS

 

13.       CEB CASE NO. 11-2614 (tabled from February 1, 2012)

                        RESPONDENT/ John P. Jackson

                        ADDRESS OF VIOLATION/ 5536 Ridgewood Avenue

CODE OFFICER/ Amanda Bonin

First Notified – November 10, 2011

 

Cited for violation(s) of Chapter 42 (Nuisances), Article II (Garbage, Junk and

Undergrowth), Section 42-26 (Cleanliness of Property Generally-Duty of Owner), (C) Maintenance of commercial and industrial zoned lots, and (f) Garbage, waste, trash, etc., prohibited.

 

Violation(s) – Failure to mow the lot and clean up the property by removing all waste, trash, etc.

 

            Action to be Considered/Finding Violation:  Compliance or Non-Compliance

 

D.        OLD BUSINESS

 

E.         OTHER BUSINESS

 

F.         NEXT MEETING DATE – April 4, 2012

 

G.        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