CITY OF SOUTH DAYTONA SPECIAL MAGISTRATE CODE ENFORCEMENT AGENDA NOVEMBER 13, 2014

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1 CITY OF SOUTH DAYTONA SPECIAL MAGISTRATE CODE ENFORCEMENT AGENDA NOVEMBER 13, 2014 Notice is hereby given that the City of South Daytona s Special Magistrate Hearing will hold a Public Hearing at the CITY COUNCIL CHAMBERS, 1672 S. Ridgewood Avenue, South Daytona, Florida at 9:00 A.M., to hear the following subjects: AGENDA ITEM: I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. OATHS OF THE CITY OFFICIAL, RESPONDENTS AND WITNESSES IV. APPROVAL OF MINUTES FOR: OCTOBER 9, 2014 OFFICIAL BUSINESS: The listed Cases Pending Compliance of Previous Hearing Orders is documented only for the purpose of the City Staff to monitor case histories that remain in non-conforming conditions and fine amounts. If you are a Respondent to any case listed, please be advised that you will be required to submit in writing to the City Staff, a request to be heard at the next scheduled Special Magistrate Hearing and will not be heard at this time. V. CASES PENDING COMPLIANCE OF PREVIOUS HEARING ORDERS: Mickey R. and Catherine C. Kirmss 1629 Magnolia Avenue, South Daytona, Florida Violation of the City of South Daytona Consolidated Land Development Regulations, Section 7.5B Parking Control, Subsections Sections 1, and 2. Failing to obtain permit to install hard surface driveway for at least two vehicles, and having an approved final inspection. Failed to comply with the June 14, 2013 due date; fine has accumulated to $129, as of November 13, 2014 for 517 days of non-compliance at $ per day.

2 H Mary Ann Johnson-Mathews 822 Palm Grove Court, South Daytona, Florida Violation of the International Property Maintenance Code, Section 302.1, Sanitation, Section 302.7, Accessory Structures and Section 303.1, Swimming Pools. Failed to comply with the April 15, 2013 due date; fine has accumulated to $144, as of November 13, 2014 for 577 days of non-compliance at $ per day Daniel C. Dunlop 740 Chicago Avenue, South Daytona, Florida Violation of the International Property Maintenance Code, Section 308.1, Accumulation of Rubbish or Garbage, Section 304.7, Roofs and Drainage, Section 304.2, Protective Treatment and City of South Daytona Consolidated Land Development Regulations, Section 7.5, B., c., [5], [6], Traffic/Parking Management. Failed to comply with the July 9, 2013 due date; fine has accumulated to $123, as of November 13, 2014 for 492 days of non-compliance at $ per day H John T. Estep 2019 Brian Avenue, South Daytona, Florida Violation of the International Property Maintenance Code, Section 308.1, Accumulation of Rubbish or Garbage, Section 304.7, Roofs and Drainage, Section 304.2, Protective Treatment and Section 302.7, Accessory Structures. Due to comply with the Orders of the Special Magistrate to correct all violations on the property on or before September 12, Failed to comply with the Orders of the Special Magistrate to correct all violations on the property by September 12, 2013, fine has accumulated to $106,250.00, as of November 13, 2014 for 427 days of noncompliance at $ per day H Herbert and Angeli Willig 1671 Golfview Boulevard, South Daytona, Florida Section 304.7, Roofs and Drianage, and Section 304.2, Protective Treatment. Failure to repair roof, carport ceiling, pressure clean house and paint as needed. Due to comply with the Orders of the Special Magistrate on or before December 13, Failed to 2

3 comply with the Orders of the Special Magistrate, fine has accumulated to $83,750.00, as of November 13, 2014 for 335 days of non-compliance at $ per day H Christine Jarosz 517 Sherman Road, South Daytona, Florida Section 308.1, Accumulation of Rubbish or Garbage, and Section 302.4, Weeds. Failed to comply with the Orders of the Special Magistrate on or before July 14, Fine has accumulated to $30,500.00, as of November 13, 2014 for 122 days of noncompliance at $ per day Jo-Ann Sikes 2524 Florida Boulevard, South Daytona, Florida Section Sanitation, Section 302.4, Weeds, Section 308.1, Accumulation of Rubbish and Garbage, City of South Daytona, Code of Ordinances, Section 7-9, Facilities at Single-family Detached and Duplex Residential Properties, and Section 14-36, Responsibilities of Abutting property Owners for Maintenance of Parkages; Prohibitions. Failed to comply with the Orders of the Special Magistrate to correct all violations on the property on or before April 17, 2014, fines have accumulated to $52,500.00, as of November 13, 2014 for 210 days of non-compliance at $ per day Ketan S. Patel 309 Olive Street, South Daytona, Florida See the attached Violations/Repairs List for the individual code section. Failure to obtain all required permits to convert the structure back to Single-Family residential from the Rental Housing Inspection that was performed on February 10, 2014 and have an approved final inspection. Due to comply with the Orders of the Special Magistrate on or before August 11, Failed to comply with the Orders of the Special Magistrate, fines have accumulated to $23,500.00, as of November 13, 2014 for 94 days of non-compliance $ per day. 3

4 H Margaret Grace Brown 2333 Harvard Road, South Daytona, Florida Violation of the 2012 International Property Maintence Code, Section , Structure Unfit for Human Occupancy. Failed to comply with the Orders of the Special Magistrate on or before July 21, Fine has accumulated to $ 11,500.00, as of November 13, 2014 for 115 days of non-compliance at $ per day Gupta Realty Corporation 3127 South Ridgewood Avenue, South Daytona, Florida Violation of the City of South Daytona, Code of Ordinances, Section 5-217, (8), Minimum Standards, City of South Daytona, Consolidated Land Development Regulations, Section 8.2, F, 5, Removal of Abandoned Signs, Section 8.4, South Ridgewood Avenue Corridor design Guidelines, , Roof Signs. Due to comply with the Orders of the Special Magistrate to submit a revised drawing of parking lot, obtain a permit and have an approved final inspection on or before August 11, Additionally the Special Magistrate Ordered respondent to remove the roof-top sign by October 10, Failed to comply with the Orders of the Special Magistrate to submit a revised drawing of parking lot, obtain a permit and have an approved final inspection, on or before August 11, Special Magistrate amended his previous Order and ordered the Respondent to comply with the amended Order on or before October 10, Complied with the Orders of the Special Magistrate on October 1, 2014, to obtain a permit, and have an approved final inspection on the parking lot. Failed to comply with the Orders of the Special Magistrate to remove roof-top sign by October 10, H Shelia McCowin 2268 Kenilworth Avenue, South Daytona, Florida Section 308.1, Accumulation of Rubbish or Garbage, City of South Daytona, Code of Ordinances, Section 8-19, Conditions Prohibited City of South Daytona, Consolidated Land Development Regulations, Section 7.5, Traffic/Parking Management, Section 5.5 E., Schedule of Zoning District Regulations, R-1C Single-Family Residential District. Failed to comply with the Orders of the Special Magistrate to correct all violations on the property on or before September 15, 2014, fines have accumulated to $14,750.00, as of November 13, 2014 for 59 days of non-compliance at $ per day. 4

5 Starr Properties LLC 2050 South Ridgewood Avenue, South Daytona, Florida See the attached Violations/Repairs List for the individual code section. Failure to complete all line items on the attached Violations/Repairs List from the Rental Housing Inspection that was conducted on June 2,3, and 4, Due to comply with the Orders of the Special Magistrate on or before November 28, H Patricia Sue Gray 2014 Graham Street, South Daytona, Florida Section 302.4, Weeds, Section , Structure Unfit for Human Occupancy. Failure to mow and trim entire property. Failure to restore City water service to structure. Failed to comply with the Orders of the Special Magistrate to correct all violations on the property on or before October 1, Complied with the Orders of the Special Magistrate on October 7, Fine accumulated to $ for a period of 5 days of non-compliance Johnathan D. and Jill Abbott 2322 South Palmetto Avenue, South Daytona, Florida Violation of the 2012 International Property maintenance Code, Section 304.5, Foundation Walls and Section Exterior Walls Failure to repair or replace failing retaining wall on rear of property. Due to comply with the Orders of the Special Magistrate on or before January 8, A Place For Your Stuff Land, Trust 2801 South Nova Road, South Daytona, Florida Violation of the Florida Building Code, Section 105.1, Permits Required, Consolidated Land Development Regulations, Section 5.5-N, Zoning Regulations, Code of Ordinances, Section 10-32, Noise Levels Unpermitted use of storage units, unpermitted construction improvements, exceeding City of South Daytona noise code. Due to comply with the Orders of the Special Magistrate on or before November 10, Nova Road LLC South Nova Road, South Daytona, Florida 5

6 Violation of the Consolidated Land Development Regulations, Section 5.5, N, 2. Light Industrial Permitted Uses, Code of Ordinances, Section 16-13, (D), Scope of Local Business Tax Receipt Conducting business beyond the scope of the local business tax receipt issued to the property and permitted uses for light industrial zoning. Case dismissed. No fines imposed Jacqueline Mack 755 Big Tree Road, South Daytona, Florida Section 302.4, Weeds Failure to dispose of all excessive vegetation on southwest corner of property. Due to comply with the Orders of the Special Magistrate on or before November 10, Malaga Investments LLC 3115 South Ridgewood Avenue, South Daytona, Florida Violation of the City of South Daytona, Code of Ordinances, Sections 5-200, 5-215, and International Property Maintenance Code, Section 108. Failure to demolish unsafe, unsanitary and public nuisance dilapidated structures. Due to comply with the Orders of the Special Magistrate on or before November 10, ( Case number supersedes case number due to change of ownership of property.) VI. CASES CONTINUED: Ray Smith C/O David E. Platte 3117 South Ridgewood Avenue, South Daytona, Florida Violation of the City of South Daytona, Code of Ordinances, Sections 5-200, 5-215, and International Property MaintenanceCode, Section 108. Failure to demolish unsafe, unsanitary and public nuisance dilapidated structures. ( Case number supersedes case number due to change of ownership of property.) VII. CASES PENDING ACTION: Gupta Realty Corporation 1952 South Ridgewood Avenue, South Daytona, Florida 6

7 Violation of the City of South Daytona, Code of Ordinances, Section 5-217, (4), (7), (8), Minimum Standards. Failure to secure structure, remove wood pallets used as fencing, mow entire property, remove excessive vegetation, dispose of all debris on entire property Gene Smith and Sherri Wentworth 625 Olive Street, South Daytona, Florida See the attached repairs list from Rental Housing Inspection conducted on January 23, Failure to have an approved final inspection from attached repair list John Johnson 2844 Oak Lea Drive, South Daytona, Florida See the attached repairs list from Rental Housing Inspection conducted on August 6, Failure to have an approved final inspection from attached repair list Daytona 94 Inc. c/o Arthur Kowitz Realty 337 Rutledge Avenue, South Daytona, Florida See the attached repairs list from Rental Housing Inspection conducted on August 12, Failure to have an approved final inspection from attached repair list Scott A. Reese 2214 Granada Drive, South Daytona, Florida Violation of the City of South Daytona, Consolidated Land Development Regulations, Section 5.5, E., 2. Schedule of zoning District Regulations, Permitted Uses. Operating an auto repair business in a residentially-zoned area. VIII. REPEAT VIOLATIONS: None IX. REQUEST FOR REDUCTION OF FINES: 7

8 Commercial Transport Services LLC, Roy Pittenger 26 Cherrywood Court, South Daytona, Florida See the attached Violations/Repairs List for the individual code section. Failure to complete all line items on the attached Violations/Repairs List from the Rental Housing Inspection that was conducted on February 20, Due to comply with the Orders of the Special Magistrate for exterior repairs on or before June 23, 2014 and interior repairs on or before August 8, Complied with the Orders of the Special Magistrate on August 25, 2014, fine accumulated to $15,500.00, for 62 days of noncompliance at $ per day. X. COMMUNICATIONS AND PETITIONS: Gupta Realty Corporation 3127 South Ridgewood Avenue, South Daytona, Florida Violation of the City of South Daytona, Consolidated Land Development Regulations, Section 8.2, F, 5, Removal of Abandoned Signs, Section 8.4, South Ridgewood Avenue Corridor design Guidelines, , Roof Signs. Amendment of order imposing administrative fine/lien for failure to comply with the pervious Order dated July 10, Respondent failed to remove abandoned roof sign and all mounting hardware associated with sign from structure. Pursuant to Chapter of the Florida Sessions Laws, if an individual decides to appeal any decision made with the respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceed is made. In accordance with the American Disabilities Act and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in the proceedings should contact the City of South Daytona s Deputy City Clerk at (386) for assistance at least 48 hours before the date of the meeting. 8