AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, December 11, 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 November 13, 2013

3.            Oaths

 

B.            NEW BUSINESS

 

4.         CEB CASE NO. 13-2097

                        RESPONDENT/ Jeanne Marie King  

                        ADDRESS OF VIOLATION/ 91 Cedar Street, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin   

First Notified – November 6, 2013

 

Cited for violation(s) 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.

Sec. 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 each such lot, piece and parcel of land free and clear of garbage, waste, trash, debris and junk.

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

 

5.         CEB CASE NO. 13-1929

                        RESPONDENT/ Charles & Sheila Bradley

                        ADDRESS OF VIOLATION/ 4654 Ridgewood Avenue, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin    

First Notified – November 6, 2013

 

Cited for violation(s)  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.

 

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

 

6.         CEB CASE NO. 13-1880

                        RESPONDENT/ Brain M. & Brandy M. Peterson 

                        ADDRESS OF VIOLATION/ 767 Sandy Hill Circle, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth     

First Notified – September 29, 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)

 

CHAPTER 70 (Traffic) ARTICLE II (Stopping, Standing & Parking) SECTION 70-49 (Restrictions on disabled or abandoned vehicles) (a)(2)(b)(2)(5)(c)(b)

 

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 pools…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. Parkages adjacent residential properties must be maintained as above. Property shall be kept free and clear of garbage, waste, trash, debris, and junk. Unregistered/inoperable vehicles must be covered with a standard vehicle cover in good repair on a city approved surface (on the driveway or in enclosed building). The pool enclosure structure must be repaired and screens need to be installed.

 

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

 

7.         CEB CASE NO. 13-1083

                        RESPONDENT/ Thomas S II & Stacy M Walton 

                        ADDRESS OF VIOLATION/ 469 Merrimac Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth    

First Notified – October 22, 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)

 

City of Port Orange Land Development Code, Chapter 16 Section 3 Fences and Walls (b)(4)(b) Design and Maintenance (All fences shall be maintained in their original upright condition & (d) (missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.

 

International Property Maintenance Code 2009, as adopted by the City of Port Orange Land Development Code, Section 304, Exterior Structure,

304.2 Protective Treatment. All exterior surfaces, including but not limited to, …, shall be maintained in good condition.

 

304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.  Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.

 

Violation(s) – Simply stated, the entire 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 wooden fence needs to be repaired, removed, or replaced. Any other fencing needs to be repaired and maintained. all rotten wood, on roof and facia boards must be replaced along with drip edge, gutters repaired and installed or removed, in order to make roof watertight and to prevent wood rot.

 

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

 

8.         CEB CASE NO. 13-1916

                        RESPONDENT/ David P. Glass         

                        ADDRESS OF VIOLATION/ 4678 Spruce Creek Road, Port Orange, FL 32127

CODE OFFICER/ Scott Allman   

First Notified – November 1, 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.)

 

Chapter 16 (Miscellaneous Regulations) of the City of Port Orange Land Development Code, Section 2 Home Occupations, (d) Restrictions (5)

 

Violation(s) – Simply stated, all garbage and debris needs to be removed from the trailer. All items being stored in front of the home need to be removed and properly stored. All garbage and business related products need to be removed from the trailer. There shall be no display of products visible from the outside of the dwelling.

 

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

 

9.         CEB CASE NO. 13-2233

                        RESPONDENT/ Chadi Safar             

                        ADDRESS OF VIOLATION/ 3343 Shamrock Court, Port Orange, FL 32127

CODE OFFICER/ Scott Allman   

First Notified – November 5, 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

 

10.       CEB CASE NO. 13-1715

                        RESPONDENT/  Blueberry Hills of Lake Sante Fe, Inc.       

                        ADDRESS OF VIOLATION/ 3450 Ridgewood Avenue, Port Orange, FL 32129

CODE OFFICER/ Scott Allman   

First Notified – November 5, 2013

 

Cited for violation(s) – The 2010 Florida Building Code, Section 105.1 (Permits Required), as adopted by the City of Port Orange Land Development Code Chapter 1.

 

Violation(s) – Simply stated, a permit is required for the roof work that was conducted to the building. A roofing contractor will be required to obtain the permit and complete the work.

 

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

 

11.       CEB CASE NO. 13-2287

                        RESPONDENT/  Federal National Mortgage Association                 

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

CODE OFFICER/ Scott Allman   

First Notified – November 1, 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:

 

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, the entire property needs to be mowed and maintained. All high weeds need to be trimmed. All garbage and debris need to be removed from the property. All items being stored on the front and side yard need to be removed or properly stored.

 

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

 

12.       CEB CASE NO. 13-2294

                        RESPONDENT/  Nathan A. Jones & Angelina S. Buglisi                  

                        ADDRESS OF VIOLATION/ 5573 Lancewood Drive, Port Orange, FL 32127

CODE OFFICER/ Scott Allman   

First Notified – November 8, 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.)

 

Chapter 70 (Traffic) of the City of Port Orange Code of Ordinances, Section 70-36 (Stopping, standing or parking prohibited in specific places), (a)(1)(k)

 

Violation(s) – Simply stated, all garbage, trash, junk and debris needs to be removed from the property. All items being stored outside need to be removed from the property or properly stored including but not limited to; chairs, furniture, tools, ladders, etc. All vehicles, boats and trailers need to be removed from the front yard and properly parked.

 

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

 

13.       CEB CASE NO. 13-2306

                        RESPONDENT/ Kimberly Seely Stacy          

                        ADDRESS OF VIOLATION/ 5417 Dubois Avenue, Port Orange, FL 32127

CODE OFFICER/ Scott Allman   

First Notified – November 8, 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

 

14.       CEB CASE NO. 13-2288

                        RESPONDENT/ Jack Scrivener, Mattie Peterson, Gail Scrivener               

                        ADDRESS OF VIOLATION/ 5565 Lancewood Drive, Port Orange, FL 32127

CODE OFFICER/ Scott Allman   

First Notified – November 8, 2013

 

Cited for violation(s) Chapter 70 (Traffic), Article II (Stopping, Standing, and Parking), Section 70-36 (Stopping, Standing, or Parking Prohibited in Specified Places), (a), (1), (k) (1, 2, & 3)

 

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, a business tax according to the schedule of taxes contained in this article

 

Violation(s) – Simply stated, the driveway extension needs to be repaired or refurbished in order to park vehicles in that area. It is illegal to run scrapping business from a residential property within the City of Port Orange.

 

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

 

C.           OLD BUSINESS

 

15.       CEB CASE NO. 13-1879

                        RESPONDENT/ 434 Leslie Trust     

                        ADDRESS OF VIOLATION/, 434 Leslie Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth  

First Notified – September 30, 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) Simply stated, property needs to be mowed and maintained with grass and overgrowth not to exceed 10” maximum.

 

Violation(s) – Simply stated, the property shall be kept free and clear of garbage, waste, trash, debris, and junk,

 

           Action to be Considered/Finding Violation:  Compliance or 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.