AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, August 28, 2013 at 10:00 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 June 5, 2013

3.            Oaths

4.            Disclosure of ex parte communication

 

B.            NEW BUSINESS

 

1.         CEB CASE NO. 13-1336

                        RESPONDENT/ Timothy Lee Ramsey     

                        ADDRESS OF VIOLATION/ 1488 Casey Lane, Port Orange, FL 32129

CODE OFFICER/ Dena Joseph

First Notified – July 11, 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:

 

Violation(s) – Simply stated, the entire property needs to be mowed and maintained. All high weeds need to be trimmed.

 

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

 

2.         CEB CASE NO. 12-2684

                        RESPONDENT/ Cecelia Buckles & Robyn Welch   

                        ADDRESS OF VIOLATION/ 4675 Spruce Creek Road, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin

First Notified – July 26, 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

 

3.         CEB CASE NO. 13-1262

                        RESPONDENT/ James W Milligan  

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

CODE OFFICER/ Amanda Bonin

First Notified – July 26, 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

 

4.         CEB CASE NO. 13-649

                        RESPONDENT/ Charles Edward Puckett

                        ADDRESS OF VIOLATION/ 496 Leslie Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – June 12, 2013

 

Cited for violation(s) CHAPTER 42 (Nuisances), ARTICLE II (Garbage, Junk, and Undergrowth), SECTION 42-26 (Cleanliness of property generally—Duty of Owner), (a)(d)(f)

 

CHAPTER 42 (Nuisances), ARTICLE II (Garbage, Junk, and Undergrowth), SECTION 42-32 (Storage of vehicles, furniture, etc.)

 

CHAPTER 70 (Traffic), ARTICLE II (Stopping, Standing, and Parking), SECTION 70-48 (Parking of recreational vehicles and equipment on residential premises).(c) No recreational vehicle or equipment greater than 24 feet in length shall be parked or stored on any residential lot or the right-of-way adjoin the residential lot except for the following: (1)(2)(3).

 

Violation(s) – Simply stated, the property needs to be mowed and maintained with grass and overgrowth not to exceed 10” maximum. Property shall be kept free and clear of garbage, waste, trash, debris, and junk. All items stored under carport and in yard need to be properly stored.

 

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

 

5.         CEB CASE NO. 13-656

                        RESPONDENT/ Diets, Quinton & Christa  

                        ADDRESS OF VIOLATION/ 603 Moonpenny Circle, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – July 15, 2013

 

Cited for violation(s) CHAPTER 42 (Nuisances), ARTICLE II (Garbage, Junk, and Undergrowth), SECTION 42-26 (Cleanliness of property generally—Duty of Owner), (a)(d)(f)

 

 

Violation(s) – Simply stated, property needs to be mowed and maintained with grass and overgrowth not to exceed 10” maximum. Property shall be kept free and clear of garbage, waste, trash, debris, and junk.

 

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

 

6.         CEB CASE NO. 13-1143

                        RESPONDENT/ Lynn Nelson & Dolores Ann Nelson JTWROS

                        ADDRESS OF VIOLATION/ 6509 Baywood Avenue, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – July 23, 2013

 

Cited for violation(s) Section 108, International Property Maintenance Code as referenced in Chapter 1 of the amended Florida Building Code (as adopted by Chapter 8, Article 1, Section 1 of the Port Orange Land Development Code).

 

Violation(s) – Simply stated, the mobile home with the pine tree residing on the roof is unsafe and needs to be demolished.

 

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

 

7.         CEB CASE NO. 13-1665

                        RESPONDENT/ MELVY D. DOWLING (DECEASED);

UNKNOWN SPOUSE OF MELVY D.

DOWLING IF LIVING, DAVID AARON DOWLING,

HEATHER ANN MOORE, ANY AND ALL

PARTIES CLAIMING BY, THROUGH,

UNDER AND AGAINST THE ABOVE NAMED

DEFENDANT(S) WHO ARE NOT KNOWN TO BE

DEAD OR ALIVE, WHETHER SAID UNKNOWN

PARTIES MAY CLAIM AN INTEREST AS

SPOUSE, HEIRS, DEVISEES, GRANTEES, OR

OTHER CLAIMANTS:

                        ADDRESS OF VIOLATION/ 403 Herbert Street, Port Orange, FL 32129

CODE OFFICER/ Scott Allman

First Notified – July 26, 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), (c) Maintenance of Commercial and Industrial Zoned Lots:

 

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) – Simply stated, The entire property needs to be mowed and maintained. All high weeds need to be trimmed. All garbage, trash, junk and debris must be removed from the property

 

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

 

C.        OLD BUSINESS

 

8.         CEB CASE NO. 12-2971

                        RESPONDENT/ James V. & Itala M. Kloos  

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

CODE OFFICER/ Scott Allman

First Notified – May 3, 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), (f) Garbage, waste, trash, etc., prohibited:

 

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.

 

Violation(s) – Simply stated, all garbage, trash, junk and debris needs to be removed from the property. All items being stored in the driveway, front yard and in front of the garage need to be removed from the property or properly stored including but not limited to; boxes, buckets, bicycles, wood, aluminum, children’s toys, coolers, tarps, rugs, yard tools, etc.

 

            Action to be Considered/Finding Violation:  Order Imposing Fine/Lien

 

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.