AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, April 24, 2013 at 9:00 a.m.

Council Chambers

1000 City Center Circle

 

A.            CALL TO ORDER

 

1.            Attorney Overview of Special Magistrate Code Enforcement Process

2.            Consideration of Minutes from March 27, 2013

3.            Oaths

 

B.            NEW BUSINESS

 

4.         CEB CASE NO. 12-3077

                        RESPONDENT/ Vicki Dowgiallo  

                        ADDRESS OF VIOLATION/ 1002 Third Street, Port Orange, FL 32129

CODE OFFICER/ Scott Allman

First Notified – February 12, 2013

 

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.

 

Chapter 42 (Nuisances) of the City of Port Orange Code of Ordinances, Article II (Garbage, Junk and Undergrowth), Section 42-32 (Storage of vehicles, furniture, etc). No owner of property within the city shall permit the storage of vehicles or parts of vehicles, furniture, appliances or other personal property upon the premises, except in an enclosed building.

 

Violation(s) – High weeds and grass – yard not being maintained. Waste and debris shall be removed. All outdoor stored items shall be properly stored.

 

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

 

5.         CEB CASE NO. 12-3144

                        RESPONDENT/ Steve & Tammy Luke   

                        ADDRESS OF VIOLATION/ 5438 Rogers Avenue, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – December 21, 2012

 

Cited for violation(s) –   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, Section 42-32 Storage of vehicles, furniture, etc.: No owner of property within the city shall permit the storage of vehicles or parts of vehicles, furniture, appliances or other personal property upon the premises, except in an enclosed building.

 

Chapter 18, Article II, Section 18-27 (Business Tax Imposed) of the City of Port Orange Code of Ordinances.   There is hereby imposed upon each and every business, profession and occupation having an effective place of business within the city business tax according to the schedule of taxes contained in this article.

 

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, Chapter 205, Section 205.023 (1) (2) (Requirement to report status of fictitious name registration.)  As a prerequisite to receiving a local business tax receipt under this chapter or transferring a business license under s.205.033 (2) or s. 205.043 (2), the applicant or new owner must present to the county or municipality that has jurisdiction to issue or transfer the receipt either:

(1)     A copy of the applicant’s or new owners current fictitious name registration, issued by the Division of Corporations of the Department of State; or

(2)  A written statement, signed by the applicant or new owner, which sets forth the reason that the applicant or new owner need not comply with the Fictitious Name Act. 

           

Violation(s) – Failure to repair or remove the building in the rear yard of the property, to remove all garbage trash and debris, to remove/properly store all outside storage, and scrapping is prohibited in the City of Port Orange.

 

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

 

6.         CEB CASE NO. 12-1634

                        RESPONDENT/ Donald L Bailey  

                        ADDRESS OF VIOLATION/ 5035 Palmetto Street, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – September 21, 2012

 

Cited for violation(s) – Chapter 74 Utilities, Section 74-31, Connections to water distribution system required (a)(b)(c) and Section 74-63 Connection required to existing sewer collection facilities.

 

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) (f)

 

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.

 

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.304.13 Window, skylight and door frames.

304.13.2 Openable windows.

 

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. 505.3 Supply. 505.4 Water heating facilities.

 

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. 602.2 Residential occupancies.

Chapter 7, Section 702 Means of Egress [F] of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances, 702.1 General.

 

National Electric Code Article 110 Requirements for Electrical Installations. I. General. Section 110.3 Examination, Identification, Installation, and Use of Equipment, (A) Examination (8) Section 110.12 Mechanical Execution of Work, (A) Unused Openings

Simply stated, the entire property must be mowed and maintained at a height not to exceed 10 inches.  All garbage, waste, debris etc., shall be removed. The structure in the rear yard needs to be demolished or repaired.

 

Violation(s) – Failure to repair or remove the building in the rear yard of the property, to remove all garbage trash and debris, and to remove/properly store all outside storage.

 

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

 

C.        OLD BUSINESS

D.        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 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.