AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, September 25, 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 August 28, 2013

3.            Oaths

 

B.            NEW BUSINESS

 

4.         CEB CASE NO. 13-1300

                        RESPONDENT/ Eagle Lake LLC, Property Owner C/O Mark Koivu Registered Agent   

                        ADDRESS OF VIOLATION/ 1025 Eagle Lake Trail 1-104, Port Orange, FL 32129

CODE OFFICER/ Dena Joseph

First Notified – August 23, 2013

 

Cited for violation(s) Florida Building Code 2010, Section 105.1 (Permits Required) as adopted per the City of Port Orange Land Development Code, Chapter 1: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

 

Violation(s) – Simply stated, the roof repairs that were done due to the truss damage require a permit be obtained by a licensed general contractor and signed/sealed drawings completed by an engineer of the repairs

 

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

 

5.         CEB CASE NO. 13-1580

RESPONDENT/ Home Depot USA Inc.

Property Owner

C/O Corporation Services Company

Registered Agent    

                        ADDRESS OF VIOLATION/ 1551 Dunlawton Avenue, Port Orange, FL 32129

CODE OFFICER/ Dena Joseph

First Notified – August 19, 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: The entire property (as per approved site plan provided previously) needs to be mowed and maintained.  This is to include the right of way areas abutting the Home Depot property.  All landscaped beds must be weeded and edged to include the entrance to the Azalea Point subdivision which is the responsibility of Home Depot.   

 

Chapter 14, Article VII (Commercial Property Maintenance Standards), Section 14-318 (Other Property Improvements), (c) Walls and Fences, (1) Fences and walls shall be painted, stained or otherwise maintained as originally designed.

 

Violation(s) – Simply stated, the entire wall that borders the Azalea Point subdivision must be pressure cleaned and painted if necessary.

 

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

 

6.         CEB CASE NO. 13-1418

                        RESPONDENT/ Mid Shore Floors & More LLC   

                        ADDRESS OF VIOLATION/ 510 Newton Road, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – August 9, 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

 

7.         CEB CASE NO. 13-757

                        RESPONDENT/ Anthony T Condercuri JR L/E    

                        ADDRESS OF VIOLATION/ 969 Sandle Wood Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – August 9, 2013

 

Cited for violation(s) – City of Port Orange Land Development Code, Chapter 16, Section 3(b): Fences & walls (2) Height. (b) For individual single-family and two-family residential lots, no permanent fence or wall shall exceed four feet in height in required front yards abutting rights-of-way, except as provided in subparagraphs (e), (f), and (g) below. (3) Location. (a) No permanent fence or wall shall be located closer than five feet to any right-of-way line.           

 

Violation(s) – Simply stated, the 6’ high vinyl fence installed across the back and side (front) yard along Sandle Wood Drive does not comply with the approved building permit nor Land Development Code for that job. The building permit stated that fence may be 4’ maximum. Please remove and install proper height fence at the proper distance from the right-of-way.

 

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

 

8.         CEB CASE NO. 13-182

                        RESPONDENT/ Bayman Funding, Inc. C/O Ophelia Rebecca Steele Puc    

                        ADDRESS OF VIOLATION/ 401 Leslie Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth

First Notified – August 1, 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.)

 

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. The unregistered inoperable vehicle and other items stored outside must be stored in an enclosed building or removed from the premises.  

 

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

 

9.         CEB CASE NO. 13-1987

                        RESPONDENT/ Jonathan P Tarbatt     

                        ADDRESS OF VIOLATION/ 23 E Bayshore Drive, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin 

First Notified – September 13, 2013

 

Cited for violation(s) – The City of Port Orange’s Code of Ordinances Chapter 70 Traffic, Article 2, Section 70-47 (A), (B) (1) (2) (3), (C) (1) Parking of commercial vehicles on residential premises.

(a) For the purpose of this section, "commercial vehicle" means any vehicle designed, intended, or used for transportation of people or goods as part of a business, except for rental vehicles designed for temporary personal use.

(b) No commercial vehicle shall be parked on residential premises except for the following:

(1) A vehicle making deliveries to or servicing a dwelling unit.

(2) One vehicle, one-ton capacity or less, per dwelling unit which is used by a resident of the dwelling unit as part of a full-time job and which leaves the premises on weekdays.

(3) Any vehicle stored within a completely enclosed garage. When a vehicle is stored pursuant to this paragraph the vehicle engine or associated equipment engine shall not be operated between the hours 9:00 p.m. and 7:00 a.m.

(c) No commercial vehicles shall be parked on the right-of-way adjoining residential premises.

(1) A vehicle servicing or making deliveries to a dwelling unit may stop on the roadway temporarily for the purpose of servicing a dwelling unit or while actually engaged in loading and unloading of merchandise or passengers.

Violation(s) – Simply stated, vehicles over a 1-ton capacity are prohibited in residential areas and need to be stored/parked at the proper storage facility.

 

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

 

10.       CEB CASE NO. 13-1435

                        RESPONDENT/ Robert Detko     

                        ADDRESS OF VIOLATION/ 408 Virginia Avenue, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin 

First Notified – August 15, 2013

 

Cited for violation(s) – City of Port Orange Code of Ordinances Chapter 42 Article II, Sec. 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.

 

City of Port Orange Code of Ordinances Chapter 42 Article II, Sec. 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 inches. However, nothing in this subsection shall be construed to require natural areas located within larger improved lots to be cut to a height less than ten inches within such natural areas.

 

Violation(s) – Simply stated, the grass needs to be mowed and maintained. All outside storage, trash, and debris need to be removed. The pool needs to be maintained in clear and sanitary conditions.

 

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

 

11.       CEB CASE NO. 13-1770

                        RESPONDENT/ Rachael Almeder & Torrey Spry      

                        ADDRESS OF VIOLATION/ 321 Fox Place, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin 

First Notified – August 9, 2013

 

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

 

Violation(s) – Simply stated, the lawn needs to be moved & maintained. All garbage, trash, junk and debris needs to be removed.

 

           Action to be Considered/Finding Repeat 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.