CITY OF PORT ORANGE

CODE ENFORCEMENT BOARD MEETING AGENDA

Wednesday, April 4, 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. 12-685

RESPONDENT/ James V. & Itala M. Kloos

ADDRESS OF VIOLATION/ 830 Sugarhouse Blvd., Port Orange, FL 32129

CODE OFFICER/ Scott Allman

First Notified March 21, 2012

 

Cited for violation(s) of Chapter 16 Section 1(e) (1), (a) & (b) of the City of Port Orange Land Development Code (outside storage).

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).

 

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. 12-478

RESPONDENT/ Robert B. Williams

ADDRESS OF VIOLATION/ 5611 Devon Street, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified March 2, 2012

 

Cited for violation(s) of 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 (front, back, and side yards), 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.

 

Chapter 70, Section 70-49 Restrictions on disabled or abandoned vehicles (b) Definitions (2) disabled or abandoned vehicle definition (c) Restrictions (1)(2) of the City of Port Orange Code of Ordinances.

 

Chapter 16 Miscellaneous Regulations of the City of Port Orange Land Development Code, Section 3 Fences and Walls (b)General Provisions (4)Design and Maintenance (b)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.

 

Violation(s) High weeds and grass prohibited by code.

Disabled vehicles prohibited.

Fence must be maintained in its original, upright condition with no missing pickets.

Car parts, etc., must be properly stored.

 

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

 

6. CEB CASE NO. 11-2501 (moved from March 7, 2012)

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

 

7. CEB CASE NO. 12-490

RESPONDENT/ John Mulholland

ADDRESS OF VIOLATION/ 5403 Orange Ave., Port Orange, FL 32127

CODE OFFICER/ /Amanda Bonin

First Notified March 22, 2012

 

Cited for violation(s) of Chapter 16 Section 1(e) (1) (a) & (b) Outside Storage.

 

Violation(s) Numerous items including but not limited to mattress, rugs, a couch, blankets, etc. need to be properly stored. Outside storage is prohibited by the above referenced code.

 

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

 

8. CEB CASE NO. 12-689

RESPONDENT/ Robert Guerard

ADDRESS OF VIOLATION/ 5587 Lancewood Dr., Port Orange, FL 32127

CODE OFFICER/ /Amanda Bonin

First Notified March 22, 2012

 

Cited for violation(s) of Chapter 16 Section 1(e) (1) (a) & (b) Outside Storage.

 

Violation(s) Numerous items including but not limited to mattress, rugs, boxes, wood, etc. need to be properly stored. Outside storage is prohibited by the above referenced code.

 

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

 

9. CEB CASE NO. 11-2614(moved from February 1, 2012 and March 7, 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

 

SET FINE/LIEN

 

10. CEB CASE NO. 12-443

RESPONDENT/ James V. & Itala M. Kloos

ADDRESS OF VIOLATION/ 828 Sugarhouse Blvd.

CODE OFFICER/ Scott Allman

First Notified February 22, 2012

 

Cited for violation(s) of 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). (This case was heard on March 7, 2012).

 

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.

 

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.

 

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.

 

Action to be Considered/Finding Violation: Set Fine/Lien

 

E. OTHER BUSINESS

 

F. NEXT MEETING DATE May 2, 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