CITY OF PORT ORANGE

CODE ENFORCEMENT BOARD MEETING AGENDA

Wednesday, July 11, 2012 at 5:30 p.m.

Council Chambers

1000 City Center Circle

 

 

A.            CALL TO ORDER

 

1.            Roll Call

2.            Consideration of Minutes

a.    May 2, 2012

b.    June 6, 2012

3.            Overview of Code Enforcement Process

 

B.            NEW BUSINESS

 

4.         CEB CASE NO. 12-0940

RESPONDENT/ Erika Sipe

                        ADDRESS OF VIOLATION/ 1155 Viking Drive, Port Orange, FL 32129

CODE OFFICER/ Dena Joseph

First Notified – June 25, 2012

 

Cited for violation(s) of Chapter 16 Miscellaneous Regulations, Section 1, Accessory Uses and Structures, (e) Outside Storage, (1) Residential Uses, (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

 

Chapter 42 Nuisances, Article II, Garbage, Junk and Overgrowth, Section 42-26, Cleanliness of Property Generally – Duty of Owner, (d) Maintenance of Improved Residential Lots of the City of Port Orange Code of Ordinances: 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. 

 

Violation(s) – Failure to maintain property in accordance with Chapter 16 regarding outside storage of items and high weeds and grass. This is a repeat violation of Case No: 09-0074 heard by the Code Enforcement Board on April 1, 2009.  The board ruled that the property was in violation of Chapter 16 Miscellaneous Regulations, Section 1, Accessory Uses and Structures, (e) Outside Storage, (1) Residential Uses, (a) of the City of Port Orange Land Development Code: and Chapter 42, Article II, Section 42-26 (d) Maintenance of Improved Residential Lots of the City of Port Orange Code of Ordinances. The property was in compliance at the time of the hearing on April 1, 2009.    

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

 

5.         CEB CASE NO. 11-2772

                        RESPONDENT/ Michelle and Robert Nelson

                        ADDRESS OF VIOLATION/ 720 Raven Rock Court, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 15, 2012

 

Cited for violation(s) Failure to Obtain a Building Permit This is a violation of the 2010 Florida Building Code Section 105.1.  (A permit must be obtained before construction.)

 

            Violation(s) –             Failure to obtain a building permit for the side door. 

 

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

 

6.         CEB CASE NO. 11-2794

RESPONDENT/ Karlene Durgin

                        ADDRESS OF VIOLATION/ 5419 Christiancy Ave, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 15, 2012

 

Cited for violation(s) of Chapter 1, Section 108 Unsafe Structures and Equipment of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances, 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

 

108.1.5 Dangerous structure or premises.   

8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

 

Chapter 3, Section 302 Exterior Property Areas of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances, 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

 

Chapter 5, Section 505 Water System of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances, 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.

505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

 

Chapter 6, Section 602 Heating Facilities of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances, 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section.

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

 

Chapter 6, Section 605 Electrical Equipment of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances, 605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

 

National Electric Code Article 110 Requirements for Electrical Installations. I. General. Section 110.3 Examination, Identification, Installation, and Use of Equipment, (A) Examination (8) other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment. Section 110.12 Mechanical Execution of Work, (A) Unused Openings; unused openings other than those intended for the operation of equipment, those intended for mounting purposes, or those permitted as part of the design for listed equipment, shall be closed to afford protection substantially equivalent to the wall of the equipment. Where metallic plugs or plates are used with nonmetallic enclosures, they shall be recessed at least 6 mm (1/4 in.) from the outer surface of the enclosure.

 

Violation(s) – Non-compliance with the Unsafe Building Abatement issued on February 14, 2012. See Attached.        

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

 

7.         CEB CASE NO. 12-1591

RESPONDENT/ Juan F. & Mary L. Galarza

                        ADDRESS OF VIOLATION/ 118 Carlton Pl, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 29, 2012

 

Cited for violation(s) of Section 42-26(d) & (f) of the City of Port Orange Code of Ordinances. Maintenance of improved residential lots. (Lawn needs to be mowed & maintained. All garbage, trash, junk and debris is to be removed)

 

Violation(s) – A) Lawn needs to be mowed and maintained. B) All garbage, trash, junk and debris is to be removed.        

 

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

 

8.         CEB CASE NO. 12-1384

RESPONDENT/ David M. Powell

                        ADDRESS OF VIOLATION/ 775 Sugar Cane Ln, Port Orange, FL 32127

CODE OFFICER/ Scott Allman

First Notified – June 5, 2012

 

Cited for violation(s) of Chapter 42 Section 42-26(d) & (f) of the City of Port Orange Code of Ordinances. Maintenance of improved residential lots and garbage, waste, trash, etc., prohibited.

 

Violation(s) – The lawn needs to be mowed and maintained. All garbage, trash, junk, and debris is to be removed from the property. All yard debris is to be removed.         

 

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

 

C.        OLD BUSINESS

 

9.         CEB CASE NO. 12-918 (moved from May 2, 2012; continued from June 6, 2012)

RESPONDENT/ T & T Management, Inc.

                        ADDRESS OF VIOLATION/ 5802 Journey’s End Way, Port Orange, FL 32127

CODE OFFICER/ /Deborah Faircloth

First Notified – April 17, 2012

 

Cited for violation(s) of Chapter 16, Section 3(b)(4)(e)

Chapter 14, Section 4(b).

 

Violation(s) – Failure to paint and finish the exterior side of the block wall separating this property from the adjoining property to the east.            

 

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

 

SET FINE/LIEN

 

10.       CEB CASE NO. 12-954

RESPONDENT/ Dennis O’Donnell

                        ADDRESS OF VIOLATION/ 532 Orange Ave, Port Orange, FL 32127

CODE OFFICER/ /Scott Allman

First Notified – April 25, 2012

 

Cited for violation(s) of Code of City of Port Orange, Florida, Chapter 3 (General                      Requirements), Section 304 (Exterior Structure), 304.2 (Protective Treatment), 304.6 (Exterior Walls), 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.

 

Violation(s) – 1) Siding in disrepair. 2) Rotted wood on the exterior of the home.
3) Missing windows and glazing. 4) All doors and windows need to be secured.     

 

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

 

D.        OTHER BUSINESS

 

E.         NEXT MEETING DATE – August 1, 2012

 

F.         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