AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, July 3, 2013 at 9:00 a.m.

Council Chambers

1000 City Center Circle

 

A.            CALL TO ORDER

 

    1. Pledge of Allegiance
    2. Consideration of Minutes from June 26, 2013
    3. Disclosure of conflicts and ex parte communications
    4. Oaths
    5. Judicial notice

 

 

B.            NEW BUSINESS

 

1.         CEB CASE NO. 13-1314  

                        RESPONDENT/ Mr. Matthew Ian Williams     

                        ADDRESS OF VIOLATION/ 601 English Oaks Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – May 24, 2013

 

Cited for violation(s) – Chapter 42, Article V, Section 42-102 Definitions. Nuisance tree, means a tree that poses a hazard or threat to public health, safety or welfare by threatening the public rights-of-way, public property, occupied public easements or the provision of public utilities. Simply stated, the dead pine trees shown in the attached photo needs to be removed. They have been considered nuisance trees by the City as they may impact the above when falling.

 

Violation(s) – Simply stated, the dead pine trees shown in the attached photo needs to be removed. They have been considered nuisance trees by the City as they may impact the above when falling.

 

2.         CEB CASE NO. 13-1496

                        RESPONDENT/ Tobi Ann Rothwell   

                        ADDRESS OF VIOLATION/ 19 E Magnolia Ave, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 21, 2013

 

Cited for violation(s) – 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.

 

Violation(s) – Simply stated, all outside storage, garbage, trash, and debris needs to be removed from the property.

 

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

 

3.         CEB CASE NO. 13-2684

                        RESPONDENT/ Cecelia Buckles & Robyn Welch

                        ADDRESS OF VIOLATION/ 4655 Spruce Creek Road E, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 21, 2013

 

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) – Simply stated, the concrete slab was poured over the septic system without a permit and needs to be removed.

 

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

 

4.         CEB CASE NO. 13-1262  

                        RESPONDENT/ James W Milligan      

                        ADDRESS OF VIOLATION/ 18 E Magnolia Ave, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 21, 2013

 

Cited for violation(s) – 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 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.

 

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.

 

Violation(s) – Simply stated, the property is over grown and needs to be mowed. All outside storage, garbage, trash, and debris needs to be removed from the property. Water service needs to be turned on and maintained.

 

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

 

5.         CEB CASE NO. 13-1494  

                        RESPONDENT/ Sterling & Jill R. Miller      

                        ADDRESS OF VIOLATION/ 5576 Lancewood Drive, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – June 21, 2013

 

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

 

            Code of Ordinances Section 42-26 (f) (Cleanliness of Property)

 

Violation(s) – Simply stated, the outside storage of various items, and garbage trash, junk, and debris on the property needs to be removed from the property.

 

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

 

6.         CEB CASE NO. 13-1159

                        RESPONDENT/ Linda Kennedy, John Kennedy, & Maureen Kennedy    

                        ADDRESS OF VIOLATION/ 5204 Sydney Street, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – May 9, 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, and 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 42 (Nuisances) of the City of Port Orange Code of Ordinances, Article V (Unsafe Conditions), Division 2 Nuisance Trees, Section 42-104. - Nuisance abatement requirements. It is determined by the city council that any nuisance declared by this article that is found upon any lot, lots or adjacent lots, shall be abated by the property owner in the following manner:

Violation(s) – Simply stated, if the nuisance consists of a nuisance tree or nuisance trees, the property owner shall abate the nuisance in its entirety by complete removal of   the tree or trees and appropriate disposal of debris within the public property or public easement.

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

C.           OLD BUSINESS

 

7.         CEB CASE NO. 13-171

                        RESPONDENT/ Ross Lambert

                        ADDRESS OF VIOLATION/ 4750 Ridgewood Avenue, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – January 22, 2013

 

Cited for violation(s) – Violation of the City of Port Orange Code of Ordinances Chapter 14, Article VII, Commercial Property Maintenance Standards.

 

Chapter 3 (General Requirements), Section 304 (Exterior Structure), 304.1 (General) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

 

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 3 (General Requirements), Section 304 (Exterior Structure), 304.13 (Insect Screens) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

 

Chapter 3 (General Requirements), Section 304 (Exterior Structure), 304.15 (Doors) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3.

 

Chapter 3 (General Requirements), Section 304 (Exterior Structure), 304.6 (Exterior Walls) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

 

Chapter 3 (General Requirements), Section 305 (Interior Structure), 305.1 (General) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

 

All wiring methods shall be installed as required by the 2008 National Electrical Code (NEC) Article 300.

 

2008 National Electrical Code NEC 110.26 Minimum working space must be maintained around all electrical equipment. 2008 National Electric Code NEC requires clear working space of 30 inches wide and 36 inches deep.

 

GFI outlets must be installed and properly function as required by 2008 National Electric Code NEC 210.8

 

Outlet covers are required to be installed on all receptacles as required by, 2008 National Electric Code NEC 406.5 switches, 2008 National Electric Code NEC 404.9

 

2008 National Electric Code NEC 110.12 Electrical disconnects need to be completely removed.

 

2010 Florida Building Code – Plumbing Section 306 and Section 603.All plumbing pipes (sewer and water) need to be buried at a proper depth.

 

Violation(s) – Simply stated, all temporary lighting needs to be removed. (i.e. Christmas lights, rope lighting, extension cords, etc.) All spliced wiring needs to be removed or repaired. All conduit needs to be strapped to the wall and must not be buried. All open wiring must be in enclosed in conduit.

 

            Action to be Considered/Finding Violation:  Non-Compliance

 

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.