AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, October 23, 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 October 9, 2013

3.            Oaths

 

B.            NEW BUSINESS

 

4.         CEB CASE NO. 13-1455

                        RESPONDENT/ Spruce Estates Homeowners Association, INC

                        C/O Billy P. Floreal (Registered Agent)     

                        ADDRESS OF VIOLATION/ 4840 Spruce Creek Road, Port Orange, FL 32127

CODE OFFICER/ Scott Allman

First Notified – September 20, 2013

 

Cited for violation(s) Chapter 17 (Zoning District Regulations) of the City of Port Orange Land Development Code, Section 17 Planned Unit Development (PUD) District, (p) Violation of master development agreement or amendment.

 

Violation(s) – Simply stated, per the Master Development Agreement (MDA), the missing or dead wax myrtles required on tract A must be replaced and maintained accordingly.

 

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

 

5.         CEB CASE NO. 13-1335

RESPONDENT/ Jacqueline Acosta & Donald Acosta  

                        ADDRESS OF VIOLATION/ 825 Upland Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth  

First Notified – September 20, 2013

 

Cited for violation(s) – CITY OF PORT ORANGE CODE OF ORDINANCES, CHAPTER 42 (Nuisances), ARTICLE II (Garbage, Junk, and Undergrowth), SECTION 42-26 (Cleanliness of property generally—Duty of Owner), (a)(d)(f)(h) Simply stated,

 

CITY OF PORT ORANGE LAND DEVELOPMENT CODE, CHAPTER 16, SECTION 3: FENCES & WALLS,(b) General Provisions, (4) Design and Maintenance,(b)(d)(f).

 

2009 INTERNATIONAL PROPERTY MAINTENANCE CODE, CHAPTER 3, GENERAL REQUIREMENTS, SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS.

 

303.1 Swimming pools.  Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

 

303.2 Enclosures. Private swimming pool. No existing Pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. 

 

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 parkages adjacent to the residential properties must be maintained. All fencing, wood or chain link, must be maintained in its original upright condition. Any missing or broken pickets must be replaced and all gates and latches must operate as they were designed. The pool enclosure structure must be repaired and have screens installed.

 

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

 

6.         CEB CASE NO. 13-014

                        RESPONDENT/ Mark Davison     

                        ADDRESS OF VIOLATION/, 1125 Bayview Lane, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin  

First Notified – September 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), (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.

 

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.

 

Violation(s) – Simply stated, the entire property needs to be mowed and all trash and debris needs to be removed.

 

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

 

7.         CEB CASE NO. 13-926

                        RESPONDENT/ Kimberly A Pappadoulis      

                        ADDRESS OF VIOLATION/ 5313 Christiancy Avenue, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin       

First Notified – September 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), (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.

 

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.

 

Violation(s) – Simply stated, the entire property needs to be mowed and all trash and debris needs to be removed.

 

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

 

8.         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 – October 2, 2013

 

Cited for violation(s) –Chapter 70 Traffic, Article 2, Section 70-36 (K), (1) (2) (3), Stopping, standing or parking prohibited in specified places.

(k) On any other portion of the front yard of a residential lot, except on approved driveways. As used in this section, driveways shall be constructed of the following materials: (1) Concrete or paved materials; (2) Nonpaved materials, excluding grass and dirt, provided that loose materials such as gravel, bark or cypress mulch are effectively contained within a border of concrete, railroad ties, or other rigid materials; or (3) Concrete paver strips, paver blocks, or other semi-pervious materials.

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, the parking in the front yard is prohibited and vehicles over a 1-ton capacity are prohibited in residential areas. All commercial vehicles need to be removed from the property and need to be stored and or parked at a proper storage facility.

 

           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.