AGENDA

 

CITY OF PORT ORANGE

SPECIAL MAGISTRATE CODE ENFORCEMENT

Wednesday, February 26, 2014 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 February 12, 2014

 

B.            NEW BUSINESS

 

3.         CEB CASE NO. 14-112

                        RESPONDENT/ James E Redmond     

                        ADDRESS OF VIOLATION/ 5400 Turton Lane, Port Orange, FL 32127

CODE OFFICER/ Amanda Bonin   

First Notified – January 23, 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) 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) 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 of the City of Port Orange Code of Ordinances, Article II (Stopping, Standing, and Parking), Section 70-36, Stopping, standing or parking prohibited in specified places (k) (1) (2) & (3) Chapter 16 Miscellaneous Regulations of the Land Development Code, Section 3 Fences and Walls, 4 (a) (b) (c) and (d) Design and Maintenance Chapter 3 (General Requirements), Section 303 (Swimming Pools, Spas,  and Hot  Tubs), 303.1 (Swimming Pools) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances Chapter 3 (General Requirements), Section 303 (Swimming Pools, Spas,  and Hot Tubs), 303.2 (Enclosures) of the 2009 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances

 

Violation(s) – Simply stated, the entire property needs to be mowed and maintained at a height not to exceed 10 inches.  All garbage, waste, debris etc., shall be removed. The fence needs to be repaired and in its original upright condition. The pool needs to be maintained and kept in a clear and sanitary condition. There must be a safety barrier around the pool at all times. All vehicles must be properly parked, registered and licensed/covered with an approved car cover.

 

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

 

4.         CEB CASE NO. 13-1674

                        RESPONDENT/ Ty & Beverly J MacMichael      

                        ADDRESS OF VIOLATION/ 722 Tondreault Ct., Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth    

First Notified – January 23, 2014

 

Cited for violation(s) 2009 International Property Maintenance Code, Chapter 3, Section 304, 304.1, 304.7, as adopted by the City of Port Orange Code of Ordinances Chapter 14, Article II, Section 14-26.

 

Violation(s) – Simply stated, a tarp has been installed on a greater portion of the roof.

 

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

 

5.         CEB CASE NO. 13-2553

                        RESPONDENT/ Dean I. Maxwell & Marquerite Sanders, JTWROS       

                        ADDRESS OF VIOLATION/ 5993 S. Ridgewood Avenue, Port Orange, FL 32127

CODE OFFICER/ Scott Allman    

First Notified – January 29, 2014

 

Cited for violation(s) 2010 Florida Building Code, Section 105.1 (Permits Required), as adopted by the City of Port Orange Land Development Code Chapter 8.

 

Violation(s) – Simply stated, a permit is required for the roof structure installed on the west side of the building. A licensed contractor will be required to apply and obtain all necessary permits.

 

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

 

C.           OLD BUSINESS

 

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 abandoned mobile home which has a pine tree residing on and through the roof is an unsafe structure and needs to be demolished.

 

           Action to be Considered/Finding Violation:  Compliance

 

7.         CEB CASE NO. 13-1880

                        RESPONDENT/ Brandy M & Brandy M Peterson 

                        ADDRESS OF VIOLATION/ 767 Sandy Hills Drive, Port Orange, FL 32127

CODE OFFICER/ Deborah Faircloth     

First Notified – January 23, 2014

 

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. The 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 installed.

 

           Action to be Considered/Finding Violation:  Order Imposing fine/lien

 

8.         CEB CASE NO. 13-1335

                        RESPONDENT/ Jacqueline & Donald Acosta      

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

CODE OFFICER/ Deborah Faircloth    

First Notified – January 23, 2014

 

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)

 

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 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, 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. Parkages adjacent residential properties must be maintained as above. 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 and pool enclosure structure must be repaired and screens need to be installed.

 

           Action to be Considered/Finding Violation:  Order Imposing fine/lien

 

9.         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 – January 23, 2014

 

Cited for violation(s) Chapter 42 Nuisances, Section 42-32 Storage of vehicles, furniture, etc.

            Sec. 42-26 Cleanliness of property generally duty of owner (f)

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

 

           Action to be Considered/Finding Violation:  Order Imposing fine/lien

 

10.       CEB CASE NO. 13-1715

                        RESPONDENT/ Blueberry Hills of Lake Sante Fe, Inc.

                        C/o Melinda Dorn (Registered Agent)

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

CODE OFFICER/ Scott Allman  

First Notified – January 23, 2014

 

Cited for violation(s) 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:  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.