Gregg R. Brennan, Special Master A. Call to Order Gregg R. Brennan called the Hearing to order at 9:01 a.m.

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1 CITRUS COUNTY CODE COMPLIANCE HEARING Lecanto Government Building Multi-Purpose Room 166 MINUTES WEDNESDAY, April 20, 9:00 A.M W. Sovereign Path Lecanto, Florida Gregg R. Brennan, Special Master A. Call to Order Gregg R. Brennan called the Hearing to order at 9:01 a.m. B. Pledge to Flag Gregg R. Brennan opened with the Pledge of Allegiance. C. Code Compliance Director, Scott McKinney, read the statement into the record: If any person decides to appeal any decision made by the Code Compliance Special Master with respect to any matter considered at this public hearing, he/she will need to ensure that a verbatim record of the proceedings is made which record shall include the testimony and evidence upon which the appeal is to be based. D. Approve minutes from March 16, 2016 Gregg R. Brennan approved the March Hearing minutes as written. SPECIAL MASTER: STAFF PRESENT: Gregg R. Brennan Code Officers Scott McKinney, George Pierson, Justin Chamblin, Amy Becker Recording Secretary, Cortney Marsh Assistant County Attorney, Beth Antrim ALSO PRESENT: Deputy Rachel Fults 1

2 E. Staff Update (Abated & Continued) Code Compliance Director, Scott McKinney, did not read the following abated cases into the record as they were posted outside of the meeting room: Abated Cases Name Case # Angelopoulos, Margarite M Aungst, Fawn Becker, Elwood R. & Brenda E Burke, Denise Helen Burke, Denise Helen Canley, Junior & Thomas, Sheldon Chapman, Darryl & Jenkins, Dennis Chapman, Darryl & Jenkins, Dennis Charles Harris Living Trust Covert, Frank A. Jr. & Dolores M Dougherty, Robert; Dougherty, Charlotte; & Cole, Edward Earley, Tommy M Erskine, Norman & May Lynn Fruzzetti, Jeffrey S Gaffney, John H. Jr. & Jacqueline E Getz, Robert F Hanlon, Kevin J Hanlon, Mary P Heafner, Brenda & Frock, Amanda Hix, Thomas J. & Patricia A Holden, Marion L. & Dalmond W Holder, Robert E. & Angela Hoover, Jerry Hoover, Randall & Hoover, Randall S Hughes, John & Anna Jessup, Ronald E. & Frances C Johanna Gay Archibald Living Trust Jones, John David Jones, John David Josette B. Jourdan Revocable Trust Kinch, Robert C Kleyn, Ethel S Komara, Michael J. & Amy M Lagorio, Anthony P. & Mary M Lagorio, Anthony P. & Mary M Lemmon, Robert T. ATTN: Tammy Herman Lopinto, Lori A MADRAC BH13 LLC

3 MADRAC BH7 LLC McManus, Bruce E Medlock, James Gordon Bennett Medlock, James Gordon Bennett Meeks, David M. & Cara L Meeks, David M. & Cara L Minckler, David L Minckler, David L Mobley, Joshua & Jessica Mobley, Joshua & Jessica Moore, Scott V. & Bealke, Lissa Morningside Funding LLC Neathery, Deborah J Neathery, Deborah J Neitz Jr., George W. & Evans, Catenna D Neitz Jr., George W. & Evans, Catenna D Paparella, Bernard & Louise Prospect Mortgage LLC Reid, Thomas & Massingill, Twilla Sue Richardson, Adele Richardson, Adele Riggs, Randy T. & Dena K Rivers EST, Elizabeth A Sappenfield, Ronald Smail, Thomas Smail, Thomas Smail, Thomas Small, Terry A Smith, Kenneth D. & Waynette Renee Smith, Kenneth D. & Waynette Renee Sorrell, Robert L. & Sharon D Sparks, Edward L. & Patricia A Sparks, Edward L. & Patricia A Strong, Kenneth W. & Marion Thrush, Wilbur J. & Grace G Toromanides, Dimitrios & Maria A Walters, Kay F Williams, Gerald D. & Sharon L. & Smith, Dean T Williamson Family Revocable Trust Wood, Claudia R Woods, Ernest & Bessa, Chrissy

4 Code Compliance Director, Scott McKinney, read the following continued case into the record: Continued Cases Name Case # Continued Until Hegstrom Jr., William Jean & Kelly A June 15, 2016 F. Old & New Cases (Listed in Alphabetical order) Cases to be Heard: Name Case # Officer Experts on case Aungst, Fawn J. Chamblin Clark, Michael D. & Mark, Rochelle M J. Chamblin Coiro, Kristine S. McKinney Hutton, Jimmie A. & Bette Lou G. Pierson Johnston, David W S. McKinney MADRAC BH13 LLC A. Becker Miley, Franklin E. **REPEAT A. Becker VIOLATION** Murphy, Steve R. & Melissa J. Chamblin Revel, Julie A A. Becker Salmons, Jerome C. **REPEAT A. Becker VIOLATION** Salmons, Jerome C. **REPEAT A. Becker VIOLATION** Schonbrun Trustee, Harvey S. McKinney **CONSIDERATION AFTER APPELLATE DECISION** Schonbrun Trustee, Harvey G. Pierson **CONSIDERATION AFTER APPELLATE DECISION** Schonbrun Trustee, Harvey ATTN: S. McKinney Harvey Schonbrun P.A. **CONSIDERATION AFTER APPELLATE DECISION** Scope Properties LLC S. McKinney Joanna Coutu Yeary, James A. & Monahan EST, June A. Becker C. Yeary, James A. & Monahan EST, June C A. Becker 4

5 Scope Properties LLC Code Compliance Case No Case 1 Nature of Violation: Violation of Land Development Code Section 7110(D): Projects proposed on principal and minor arterials and major collectors (see Functional Classification Map) shall include frontage or service roads, and shall take access from the frontage road rather than the arterial or major collector where frontage or service roads do not exist. This requirement can be met through cross access. Where natural features cause this requirement to be physically infeasible, alternate designs may be approved. Cross Access may be accomplished through interconnecting of parking lots that abut the arterial or major collector. The Cross Access connection shall consist of a paved 20 foot wide connection to both neighboring properties. The connection shall be constructed to the property line. The cross access connection shall begin after the throat distance for the driveway. The Respondent was not present despite being notified via Certified Mail. Code Officer Scott McKinney testified that his initial inspection was conducted on February 4, 2016 at which time the violation was confirmed. He observed the parking area of the property to be recently coated. It appears as though the parking lot lines have been repainted and the curb stops rearranged. He spoke with the complainant and he stated that the curb stops had been moved and they are now blocking the handicap access to his business as well as the cross access of the parking lot. Subsequent inspections revealed that more has been done to block the cross access as more curb stops have been added. Joanna Coutu, Land Development Director, testified that the curb stops have been placed to block cross access. Cross access has been in the code since the 1980s. She has reviewed all of the site plans since this site was constructed and nothing indicates that the cross access was not included as this is one development site. She doesn t have an improved site plan that would make this property looked at as a separate development site. As such, they can t waive cross access, they don t qualify for a new driveway cut on US Hwy 41 so they need to keep the access open. John Foley, Florida Department of Transportation District 7, testified that he is employed with the access management department. They do need cross access for the properties along this roadway. It would be very difficult for the smaller property to get access from the state road. If access was cut off, the state would be responsible to allow them access on to the highway but it would be extremely difficult. There are some issues with safety. There are plans for changes in this area. Florida Department of Transportation plans to widen the road and change the shape and configuration of how State Road 200 joins US Hwy 41. The project is in phase 2 with a fiscal year date of 2021 which means it could, if necessary, be brought forward. If it was brought forward with plans at phase 2, it could possibly be two (2) years out.if it s not brought forward, the plans would be completed in 2021 and it would take approximately eleven (11) months to construct. The configuration is completely different than it is now. The widening would completely take out the first business on the corner and the business next to it would lose part of its front yard. More than likely, the strip mall would only get one (1) access and the business next to it would get one (1) access and the state would build their driveways from the road to their property line. It would 5

6 become a four (4) lane divided highway. There would be a pond somewhere in the middle for storm water management. In the meantime, if cross access can t be worked out between now and 2021, they would need to close the southern driveway in order to place another driveway so the smaller property would have a driveway. Under the class 3 regulation, driveways can t be more than 660 feet apart; therefore, they have the right to close the southern driveway. They could conduct a traffic study to determine if the northern driveway would become the only driveway that the shopping center may have because the current conflict at the intersection with the fourth leg of the intersection going into the shopping center would put more cycles in the signal which would move more traffic efficiently and safely. They would prefer the businesses to work out their cross access until the new project comes in and then they would negotiate the driveway locations. Scott Kiefer testified that he owns the antique shop whose access is being blocked. He submitted into evidence photographs of how the property previously looked and a letter from a handicapped customer who wasn t able to access his business and didn t feel safe getting out of his vehicle. When he purchased the building approximately 3 ½ years ago, the building to the left of him was empty and the Hernando Plaza was a shared parking lot and he has surveys from when the plaza was originally built. It has always been a shared access. When he spoke with the plaza owner, he told them that the reason they blocked access was because customers of the restaurant that opened on the other side of Mr. Kiefer were cutting through their parking lot and they wanted to deny that access. Due to this blockage, Mr. Kiefer and his customers are unable to access his property. His customers have to basically park in the driveway and back out of there onto the highway which is dangerous and his handicap parking has been blocked. Special Master Order: Respondent is in violation of a violation of Land Development Code Section 7110(D) Access Management General Standards which states: Projects proposed on principal and minor arterials and major collectors (see Functional Classification Map) shall include frontage or service roads, and shall take access from the frontage road rather than the arterial or major collector where frontage or service roads do not exist. This requirement can be met through cross access. Where natural features cause this requirement to be physically infeasible, alternate designs may be approved. Cross Access may be accomplished through interconnecting of parking lots that abut the arterial or major collector. The Cross Access connection shall consist of a paved 20 foot wide connection to both neighboring properties. The connection shall be constructed to the property line. The cross access connection shall begin after the throat distance for the driveway. To Wit: Ensure the cross access meets the standards set forth in this code. The Respondent can abate the violation by ensuring the cross access meets the standards set forth in this code. The Respondent is granted 30 days from the date of the order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Scope Properties LLC. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. 6

7 Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Miley, Franklin E. Code Compliance Case No Case 2 **REPEAT VIOLATION** except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in established and maintained junkyard, garbage or waste disposal site or sanitary landfill; and except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Furniture, tires, appliances, metal shelving, household garbage, mobile homes, and any other miscellaneous debris. Code Officer Amy Becker testified that this is a repeat violation as the Respondent was previously found guilty of the same violation at the same location owned by the Respondent on October 15, 2014 in case # which subsequently abated on November 25, 2014 prior to fines being imposed. Her initial inspection for this violation was conducted on March 30, 2016 and was confirmed at that time. She met with Mr. Miley on April 13, 2016 and advised him that all of the mobile homes must be removed from the property. The Notice of Violation/Notice of Hearing was posted on the property and the Lecanto Government Building on March 31, Subsequent inspections revealed progress each time to abate the violation. Upon her final inspection on April 19, 2016 major progress has been made; however, the property remains in violation. The Respondent, Franklin Miley, was present and testified that he agrees the property was a mess. He has made a major improvement in cleaning up the property. A couple mobile homes remain on the property that needs to be removed. There will only be a mobile home left on the property as the automobile is being removed tomorrow. The white double wide mobile home has been sold and the permits are being submitted on Friday or Monday to place it on the customer s property. Mr. Miley requested that the mobile home be allowed to remain on the property without a fine being imposed. Special Master Order: Citrus County Code of Ordinances Section defines repeat violation as follows: Repeat violation shall mean a violation of a provision of county codes by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. 7

8 Violator shall mean the person creating or permitting the violation of any provision of the county codes, or a person who owns, controls, or is otherwise responsible for the real property upon which the violation occurred. Respondent therefore is guilty of a repeat violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Furniture, tires, appliances, metal shelving, household garbage, mobile homes, and any other miscellaneous debris. The Respondent can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. A total fine from March 31, 2016 April 19, 2016 of $ per day for twenty (20) days for a total of $2, will be recorded in the public record of Citrus County for a repeat violation and will constitute a lien on real or personal property of Franklin E. Miley. A fine of $ per day will be imposed from April 20, 2016 until the violation is abated. This fine will be recorded and will constitute a lien on real or personal property of Franklin E. Miley. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Aungst, Fawn Code Compliance Case No Case 3 except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in established and maintained junkyard, garbage or waste disposal site or sanitary landfill; and except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Discarded furniture and other miscellaneous trash and debris. The Respondent was not present despite being notified via Certified Mail. Code Officer Justin Chamblin testified that his initial inspection was conducted on February 8, 2016 at which time the violation was confirmed. Upon his final inspection 8

9 on April 19, 2016, most of the junk and debris has been removed; however, discarded car parts and cardboard boxes remain and the property remains in violation. Special Master Order: Respondent is in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Discarded furniture and other miscellaneous trash and debris. The Respondent can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondent is granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Fawn Aungst. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Clark, Michael D. & Mark, Rochelle M. Code Compliance Case No Case 4 except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in established and maintained junkyard, garbage or waste disposal site or sanitary landfill; and except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Discarded furniture, household garbage, and other miscellaneous trash and debris. The Respondents were not present despite being notified via Certified Mail. Code Officer Justin Chamblin testified that his initial inspection was conducted on February 19, 2016 at which time the violation was confirmed. Upon his final inspection on April 19, 2016, most of the junk and debris has been removed but scrap building material remains on the property in violation. 9

10 Special Master Order: Respondents are in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Discarded furniture, household garbage, and other miscellaneous trash and debris. The Respondents can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondents are granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Michael D. Clark and Rochelle M. Mark. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondents shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Hutton, Jimmie A. & Bette Lou Code Compliance Case No Case 5 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Children s toys, mattresses, sofa chair, furniture, mailbox, and miscellaneous trash and debris. The Respondents were not present despite being notified via posting the property and the Lecanto Government Building. Code Officer George Pierson testified that his initial inspection was conducted on January 7, 2016 at which time the violation was confirmed. The Notice of Violation/Notice of Hearing was posted at the property and the Lecanto Government Building on March 16, The residence appears vacant and there has not been any contact with the property owners; however, the door hangers he has left have been removed. Upon his final inspection on April 19, 2016, the property remains in violation with no change in the condition of the property. 10

11 Special Master Order: Respondents are in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Children s toys, mattresses, sofa chair, furniture, mailbox, and miscellaneous trash and debris. The Respondents can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondents are granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Jimmie A. and Bette Lou Hutton. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondents shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. MADRAC BH13 LLC Code Compliance Case No Case 6 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Mattress, boxes under carport, tire, furniture, and any other miscellaneous debris. The Respondent was not present despite being notified via posting the property and the Lecanto Government Building. Code Officer Amy Becker testified that her initial inspection was conducted on February 12, 2016 at which time the violation was confirmed. The Notice of Violation/Notice of Hearing was posted at the property and the Lecanto Government Building on March 31, 2016 and it was noted that some progress had been made as the trailer full of debris was removed from the property. Upon her final inspection on April 19, 2016, the property remains in violation with the mattress in the carport remaining on the property. 11

12 Special Master Order: Respondent is in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Mattress in carport. The Respondent can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondent is granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of MADRAC BH13 LLC. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Murphy, Steve R. & Melissa Code Compliance Case No Case 7 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Discarded household items and other miscellaneous trash and debris. The Respondents were not present despite being notified via Certified Mail. Code Officer Justin Chamblin testified that his initial inspection was conducted on February 23, 2016 at which time the violation was confirmed. The debris was throughout the entire front area of the property. Upon his final inspection on April 19, 2016, some of the junk and debris has been removed but a large amount of discarded household material remains on the property in violation. Special Master Order: Respondents are in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative 12

13 matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Discarded household items and other miscellaneous trash and debris. The Respondents can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondents are granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Steve R. and Melissa Murphy. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondents shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Revel, Julie A. Code Compliance Case No Case 8 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Household garbage on side of home, vegetative matter in backyard, and any other miscellaneous debris. The Respondent was not present despite being notified via Certified Mail. Code Officer Amy Becker testified that her initial inspection was conducted on February 18, 2016 at which time the violation was confirmed. The complainant allowed access to his property to view the violation in the backyard of 1195 N. Haggerty Pt. Upon inspection on April 6, 2016, there was now a refrigerator, stove, and cabinet under the carport and the household garbage remained on the side of the home. Upon her final inspection on April 19, 2016, the stove has been removed; the doors have been removed from the refrigerator, but the property remains in violation with the household garbage remaining on the side of the home and items under the carport. Special Master Order: Respondent is in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to 13

14 permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Household garbage on side of home, vegetative matter in backyard, and any other miscellaneous debris. The Respondent can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondent is granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Julie A. Revel. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Salmons, Jerome C. Code Compliance Case No Case 9 **REPEAT VIOLATION** except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Construction materials including insulation, carpet padding, carpet, and any other miscellaneous debris in violation of this ordinance. The Respondent was not present despite being notified via posting the property and the Lecanto Government Building. Code Officer Amy Becker testified that this is a repeat violation as the Respondent was previously found guilty of the same violation on May 18, 2011 in case # at 31 N. Tyler St.; Beverly Hills, FL and on February 17, 2016 in case # at 2948 S. Portland Terr.; Homosassa, FL owned by the Respondent. Repeat violation fines totaling $54, have been imposed in case # and a repeat violation fine of $2,900 was imposed in case # Her initial inspection was conducted from the neighbor s property, with their permission, on March 8, 2016 for this violation and was confirmed at that time. There 14

15 has not been any contact with the property owner; however, she has had contact with his property manager Rick. The Notice of Violation/Notice of Hearing was posted on the property and the Lecanto Government Building on March 10, Upon inspection on April 6, 2016, the trailer with debris was removed; however, the carpet and padding remained in violation on the property. An inspection on April 15, 2016 showed the violation remained on the property. Upon her final inspection on April 19, 2016 the violation was corrected and the property is in compliance. Special Master Order: Citrus County Code of Ordinances Section defines repeat violation as follows: Repeat violation shall mean a violation of a provision of county codes by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. Violator shall mean the person creating or permitting the violation of any provision of the county codes, or a person who owns, controls, or is otherwise responsible for the real property upon which the violation occurred. Respondent therefore was guilty of a repeat violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Construction materials including insulation, carpet padding, carpet, and any other miscellaneous debris in violation of this ordinance. The Respondent abated the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. A total fine from March 10, 2016 April 15, 2016 of $ per day for thirty-seven (37) days for a total of $3, will be recorded in the public record of Citrus County for a repeat violation and will constitute a lien on real or personal property of Jerome C. Salmons. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. 15

16 Salmons, Jerome C. Code Compliance Case No Case 10 **REPEAT VIOLATION** Nature of Violation: It shall be a violation of this article for any person, firm or corporation to keep, dump, store, place or deposit abandoned, unlicensed, inoperable, junked, disabled, wrecked, discarded or otherwise unused vehicles on any property, street or highway pursuant to Article IV Section of the Citrus County Code of Ordinances. To Wit: Blue Ford Windstar with no tag in the backyard and any other vehicles that are in violation of this ordinance. The Respondent was not present despite being notified via posting the property and the Lecanto Government Building. Code Officer Amy Becker testified this is a repeat violation as the Respondent was previously found guilty of the same violation on February 15, 2012 in case # and on February 17, 2016 in case # at 2948 S. Portland Terr.; Homosassa, FL owned by the Respondent. Fines were incurred on both of the previous cases. A repeat violation fine of $1, was imposed for case # and a repeat violation fine of $1, was imposed for case # Her initial inspection was conducted from the neighbor s property, with their permission, on March 8, 2016 for this violation and was confirmed at that time. There has not been any contact with the property owner; however, she has had contact with his property manager Rick. The Notice of Violation/Notice of Hearing was posted on the property and the Lecanto Government Building on March 10, An inspection on April 15, 2016 showed the violation remained on the property. Upon her final inspection on April 19, 2016 the property remains in violation. Special Master Order: The legal owner of record whom was cited and found guilty for cases # and # was Jerome C. Salmons Jr. DBA Wellaqua Co. Respondent therefore is not guilty of a repeat violation but is in violation of Citrus County Code of Ordinances, Article IV, Section 20-41, It shall be a violation of this article for any person, firm or corporation to keep, dump, store, place or deposit abandoned, unlicensed, inoperable, junked, disabled, wrecked, discarded or otherwise unused vehicles on any property, street or highway. To Wit: Blue Ford Windstar with no tag in the backyard and any other vehicles that are in violation of this ordinance. The Respondent can abate the violation by removing the vehicle(s) from the property, registering them or placing them in a permitted enclosed structure. If not enclosed or removed, the vehicle(s) must be operable and registered. The Respondent is granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Jerome C. Salmons. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, 16

17 which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Yeary, James A. & Monahan EST, June C. Code Compliance Case No Case 11 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Clothes, cooler, furniture, household garbage, and any other miscellaneous debris. The Respondents were not present despite being notified via Certified Mail. Code Officer Amy Becker testified that her initial inspection was conducted on February 19, 2016 at which time the violation was confirmed from the complainant s property, with their permission. Mr. Yeary made contact on March 1, 2016 and stated that he doesn t have the finances to clean up the property. Upon her final inspection on April 19, 2016, the property is in the same condition and remains in violation. Special Master Order: Respondents are in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Clothes, cooler, furniture, household garbage, and any other miscellaneous debris. The Respondents can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondents are granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $ per day will be property of James A. Yeary and June C. Monahan EST. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondents shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. 17

18 Yeary, James A. & Monahan EST, June C. Code Compliance Case No Case 12 Nature of Violation: It shall be unlawful for any person owning, leasing, occupying or having control of any property subject to the provisions of this section to permit or maintain grass, weeds, brush and undergrowth in excess of 18" in height, or an accumulation of vegetative matter pursuant to Article VI Section of the Citrus County Code of Ordinances. The Respondents were not present despite being notified via Certified Mail. Code Officer Amy Becker testified that her initial inspection was conducted on February 19, 2016 at which time the violation was confirmed from the complainant s property, with their permission. Mr. Yeary made contact on March 1, 2016 and stated that he doesn t have the finances to maintain the property. Upon her final inspection on April 19, 2016, the property is in the same condition and remains in violation. Special Master Order: Respondents are in violation of Citrus County Code of Ordinances, Article VI Section 20-61, It shall be unlawful for anyone owning, leasing, occupying or having control of any property subject to the provisions of this article to maintain weeds, grass and undergrowth in excess of 18" in height, or an accumulation of vegetative matter. The Respondents can abate the violation by maintaining weeds/grass and undergrowth to a height of less than 18 and remove accumulation of vegetative matter. The Respondents are granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $ per day will be property of James A. Yeary and June C. Monahan EST. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondents shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Coiro, Kristine Code Compliance Case No Case 13 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Plastic, tarps, metal items and appliances along with other miscellaneous trash and debris. 18

19 The Respondent was not present despite being notified via posting the property and the Lecanto Government Building. Code Officer Scott McKinney testified that his initial inspection was conducted on December 28, 2015 at which time the violation was confirmed. Multiple subsequent inspections showed progress. He spoke with the property owner on or about April 7, 2016 and advised her that the refrigerator needed to be removed from the yard. Upon his final inspection on April 19, 2016, the refrigerator remains in the yard and the property remains in violation. Special Master Order: Respondent is in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Appliance. The Respondent can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondent is granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of Kristine Coiro. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Johnston, David W. Code Compliance Case No Case 14 except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Plastic and metal items, garage door, appliances, along with other miscellaneous trash and debris. 19

20 The Respondent was not present despite being notified via Certified Mail. Code Officer Scott McKinney testified that his initial inspection was conducted on December 10, 2015 at which time the violation was confirmed. Multiple inspections were conducted which indicated some progress. He spoke with the property owner s wife on the date of the initial inspection and she stated they recently inherited the property and are cleaning it up. Upon his final inspection on April 19, 2016, the property remains in violation. Special Master Order: Respondent is in violation of Citrus County Code of Ordinances, Article III Section 20-31(a), It shall be unlawful for the owner or tenant of any land to permit, cause or have thereon any accumulation of junk, debris, rubbish and vegetative matter except for junk stored in enclosed litter receptacles or completely enclosed buildings; for no more than 48 hours for pick up and removal; except for recyclable material stored in except for accumulations of vegetative waste on agricultural lands on the above property. To Wit: Plastic and metal items, garage door, appliances, along with other miscellaneous trash and debris. The Respondent can abate the violation by removing the junk and debris from the property or placing it in a permitted enclosed structure. The Respondent is granted 30 days from the date of this order to abate the violation. If the violation is not brought into compliance as ordered, a penalty of $50.00 per day will be property of David W. Johnston. The County Attorney s Office may seek foreclosure or money judgment on any unpaid lien of record three months from the date of first recording. Respondent shall be responsible to pay all costs required by County ordinance or regulation, which may also be filed as a lien of record. Pursuant to Section (1), Florida Statutes, a hearing shall not be necessary prior to imposing such fine. Schonbrun Trustee, Harvey Code Compliance Case No Case 15 **CONSIDERATION AFTER APPELLATE DECISION** Nature of Violation: It shall be unlawful for any person owning, leasing, occupying or having control of any property subject to the provisions of this section to permit or maintain grass, weeds, brush and undergrowth in excess of 18" in height, or an accumulation of vegetative matter pursuant to Article VI Section of the Citrus County Code of Ordinances. THIS MATTER, having come before Citrus County Code Compliance Special Master on April 20, 2016 upon an ore tenus motion by Assistant County Attorney Beth Antrim, to dismiss the prior orders issued in this matter and the Special Master having heard the arguments of the County and otherwise having been fully informed and advised by Assistant County Attorney Antrim, 20

21 Special Master Order: It is, therefore, ORDERED AND ADJUDGED that: 1. The Petitioner s Motion to Dismiss is hereby GRANTED. 2. The prior order that is subject to this Order was issued on August 25, 2015 and is in reference to the following subject property: TOWN OF HOLDER PB 1 PG 26 LOT 10 BLK 5, PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA more commonly described as: 899 E. Victoria Ln.; Holder, FL 3. Any liens that arose in favor of the Petitioner as a result of the recording of any orders imposing fines in this case will have to be released by the Citrus County Board of County Commissioners or their authorized representative. Schonbrun Trustee, Harvey Code Compliance Case No Case 16 **CONSIDERATION AFTER APPELLATE DECISION** except for junk stored in enclosed litter receptacles or completely enclosed buildings; except for junk which will not fit into standard sized litter receptacles and which is set out for no more than 48 hours for pick up and removal; except for recyclable material stored in established and maintained junk yard, garbage or waste disposal site or sanitary landfill; and except for accumulations of vegetative waste on agricultural lands on the above property, pursuant to Article III, Section 20-31(a) of the Citrus County Code of Ordinances. To Wit: Junkyard conditions THIS MATTER, having come before Citrus County Code Compliance Special Master on April 20, 2016 upon an ore tenus motion by Assistant County Attorney Beth Antrim, to dismiss the prior orders issued in this matter and the Special Master having heard the arguments of the County and otherwise having been fully informed and advised by Assistant County Attorney Antrim, Special Master Order: It is, therefore, ORDERED AND ADJUDGED that: 1. The Petitioner s Motion to Dismiss is hereby GRANTED. 2. The prior order that is subject to this Order was issued on January 6, 2016 and is in reference to the following subject property: PARSONS PT ADD TO HERNANDO PB 2 PG 19 LOTS 5, 6 & 7 BLK 6, PUBLIC RECORDS OF CITRUS COUNTY, FLORIDA more commonly described as: 2875 N. Bucknell Terr.; Hernando, FL 3. Any liens that arose in favor of the Petitioner as a result of the recording of any orders imposing fines in this case will have to be released by the Citrus County Board of County Commissioners or their authorized representative. 21