MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING. November 8, 2007

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1 MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING November 8, 2007 Special Magistrate, Edwin Davis, called the City of South Daytona s Special Magistrate Code Enforcement Hearing to Order at South Daytona s City Hall, City Council Chambers, 1672 South Ridgewood Avenue, South Daytona, Florida, at 9:00 a.m. to hear the following subjects: SPECIAL MAGISTRATE Jerome Mitchell Edwin Davis STAFF: Helen Wert, Assistant Community Development Director Glenn Pereno, Building Department Manager Richard Mihalich, Deputy Building Official Susan Crabtree, Code Enforcement Professional Russell Kennedy, Housing Rehabilitation Inspector Heather Lill, Recording Secretary I. CALL TO ORDER II. OATHS TO THE CITY OFFICIAL, RESPONDENTS AND WITNESSES III. APPROVAL OF MINUTES FOR: October 11, 2007 OFFICIAL BUSINESS: IV. CASES PENDING COMPLIANCE OF PREVIOUS HEARING ORDERS: Susan Crabtree, Code Enforcement Professional, read into the record the following statement: The listed Cases contained in the Cases Pending Compliance of Previous Hearing Orders are only for the purpose of the Staff to monitor the information on the fines. If any Respondent is here today regarding any case listed, they are required to submit in writing a letter to the Staff requesting to be heard at the next scheduled meeting. Therefore, no action by the Staff or the Magistrate needs to be addressed regarding Cases Pending Compliance of Previous Hearing.

2 V. CASES CONTINUED: Poornima & Avinash Charitable Foundation, Inc., Avinash Gupta, (President & Director), Gupta Realty Corp., and The River Club Association, Inc., Edward Minier, Louise Henion Estate 3131 South Ridgewood Avenue, South Daytona, Florida Violation of the City of South Daytona Code of Ordinances, Article II, Building Section, 105 Permits, and Article XI, Section 5-217, Minimum Standards for the maintenance of commercial properties, Sub-Sections, (1, 2, 3, 6, and 8). NFPA 1 and 101. Failing to correct fire and building code violations. The Special Magistrate Orders were to have this case continued until October 11, Russ Kennedy, Housing Rehabilitation Inspector, stated that he had reviewed the repairs list at a recent inspection conducted on November 2, 2007 and noted that some items were completed and corrected. Special Magistrate, Edwin Davis, noted that communication between the City and Mr. Gupta must occur regarding other issues on the repairs list that needed permitting. Legal Counsel for the Respondent, Brett Hartley, 533 Seabreeze Boulevard, Suite 300, Daytona Beach, Florida, stated that he agreed with the assessment of the City and that Mr. Gupta is not in strict compliance. Mr. Hartley added that he wanted the City to be cognizant of the effort Mr. Gupta has made in attempting to correct the violations. Avinash Gupta, 3131 Ridgewood Avenue, South Daytona, Florida, stated that hardly anyone was living on the property and that the City was nitpicking on how the violations are repaired. Russ Kennedy provided an overview of some of the items that were incomplete. Mr. Kennedy noted that the handicap sign still displayed improper signage, the fire hose apparatus had no evidence of being service and certified, range hoods inoperable, exterior dryer vent repairs had not been started, and pool equipment and pool area are 75% complete (the gate lock is not child proof). Mr. Hartley rebutted that the handicap signage will be corrected, did not know why Firetronics did not certify the fire hose apparatus, the issue of the range hoods was not pertinent because the units are not occupied, the corrections would require Mr. Gupta to cheat FPL in order to flip the switch, dryer vents are a cheap item that can be fixed, and regarding the pool gate, Mr. Gupta does not understand what exactly the City requires. Mr. Hartley also stated that there is a gap in Mr. Gupta s understanding of why a roofing contractor was needed to pull a permit. Mr. Hartley added that aside from these violations, Mr. Gupta is a hair away from obtaining compliance. 2

3 Glenn Pereno, Building Department Manager, addressed Mr. Gupta s pool gate confusion and stated City staff is also working on the ingress/egress design for entering and exiting the property. Mr. Pereno added that the current pool gate is designed as ingress only and therefore remains open at all times. Mr. Pereno noted that the hood ranges were installed as a fixed unit and needed to be approved, rented or not. Mr. Pereno stated that no communication has been initiated regarding permitting for the roof. Mr. Pereno said no roofers had come in nor have any applications been submitted. Mr. Hartley asked that the City understand Mr. Gupta s frustration with the roof and to give him some middle ground. City Attorney, Scott Simpson, stated that because someone did the work illegally, the City cannot cut them a break; Mr. Gupta did not follow the permitting procedure the first time. Mr. Simpson added that a process must be followed and commercial property owners are not allowed to do their own repairs on multi-family dwellings. Mr. Simpson emphasized that an approved permit assures the City that the Florida Building Code had been followed. Edwin Davis noted that the repair items list had been pending for a long time and that Mr. Gupta had not made an effort to correct them until a month ago. Mr. Davis stated that due to the numerous issues, he will need to review the details under advisement before he can determine if compliance has been met. The City Attorney concurred. After reviewing the details of the violations from the Case Summary repairs list and the Minimum Building Code repairs list, Mr. Davis ordered that the Respondents obtain all required permits, and correct all violations and have an approved final inspection on or before December 12, If the Respondents fail to comply with this Order, a fine of $250 per day will be imposed for each day the violations continue past the date as prescribed. As to the continuing violations under Life Safety and the continuing failure to apply for necessary permits where required by City Code, Mr. Davis ordered that the Respondents correct the violations on or before November 9, If the Respondents fail to comply with this Order, a fine of $250 per day will be imposed for each day these violations continue past the date as prescribed. VI. CASES PENDING ACTION: Normand A. Berard and Molly Linssens d.b.a. Norm s Detailed Handyman 615 Aurora Street, South Daytona, FL Violation of the City of South Daytona, Chapter 16 of the City Code of Ordinances contains prerequisites governing occupational 3

4 licenses. Section of that Chapter, sub-section (14) Home Occupational Licenses, paragraphs l and s, it is stated that the articles, equipment, materials, or supplies used in conjunction with the home occupational license shall be stored only in the principal building or an enclosed garage. Additional applicable requirements are found in Article VII., Section 7.5, sub-section 9.a. [11], of the Consolidated Land Development Regulations and states: open utility trailers that contain equipment or materials shall be parked or stored in the side or rear yard and be screened from view from adjacent properties and public view on all sides with a six-foot high opaque fence approved by the City. It states in Section 7.5, subsection 6., that there shall not be any parking of vehicles in the yards of a residential district, except for what normally exists in the designated driveways. Susan Crabtree, Code Enforcement Professional, stated that from an inspection conducted November 7, 2007, the Respondents have come into compliance. Normand Berard, 615 Aurora Street, South Daytona, Florida stated that circumstances had occurred that resulted in the manifestation of the Code violations. Mr. Berard explained that his subcontractor moved to Michigan and dropped off materials at the property during his busiest time of work and it had also been raining for days consecutively. Mr. Berard said that normally the trailer is stored by the County jail but two springs had snapped on the trailer and it could not be moved. Mr. Berard added that it was not his intention to be out of compliance. Special Magistrate, Jerome Mitchell, remarked that the Respondent had met with some anomalies and was satisfied that the Respondent had someplace to store the trailer. Mr. Mitchell stated that the situation should not arise again and ordered a repeat fine of $100 per day to be imposed if the violations of the Consolidated Land Development Regulations are repeated within the next five years. Additionally, Mr. Mitchell ordered that if violations of Chapter 16, Section 16-19, Home Occupational Licenses, are repeated within the next five years, the Respondents shall be scheduled to the City Council for review for revocation of the Home Occupational License John-John E. Franklin 2811 Oak Lea Drive, South Daytona, FL Violation of the City of South Daytona Code of Ordinances, Article II, Section 8-19, Weeds and Offensive Conditions on Property. The City of South Daytona Land Development Regulations, Section 7.5, 6., Location of parking, and Section 7.5, 9.c., Major recreational vehicles and equipment. The Standard Housing Code, Section 307.4, Care of Premises. Allowing the accumulation of garbage, litter, household items, vehicle parts, and debris on the 4

5 property. Allowing vehicles to be parked in the front yard other than the designated driveway. Allowing a camper to be parked in the front yard. Failure to mow the property. Susan Crabtree stated that an inspection was conducted November 7, 2007, and the violations had not been corrected. Ms. Crabtree provided photographs of the violations to the Magistrate. John-John Franklin, 625 Reed Canal Road, South Daytona, Florida, stated that the tenants are in the process of being evicted. Mr. Franklin added that he had been reluctant to initiate any clean up due to possibly encroaching on personal items or property. Jerome Mitchell stated that the violations had nothing to do with personal property and as a landlord the Respondent has the right to enter onto the exterior property and clean it. Mr. Mitchell added that it could take up to a month for a tenant to be evicted once they have been served with papers and that the Respondent needed to correct the violations now-not wait until the tenants leave. Mr. Mitchell ordered the Respondent to correct the violations on or before November 15, If the Respondent fails to comply with this Order, a fine of $100 per day will be imposed for each day the violations continue past the prescribed date. Additionally, Mr. Mitchell ordered a repeat fine of $200 per day to be imposed if the violations are repeated within the next five years Richard Michael Benge Jr. and Shelley M. Stewart, JTRS 628 Aurora Street, South Daytona, FL Violation of the City of South Daytona Consolidated Land Development Regulations, Section 7.5, A.4., Abandoned vehicles, Section 7.5, B.6., Location of parking. Allowing an abandoned vehicle to remain on the property. Allowing vehicles to park in the front yard other than the designated driveway. Susan Crabtree stated that this property has a history of violations since January Ms. Crabtree noted that from an inspection conducted the morning of the Magistrate Hearing, the Respondent is still in violation. Ms. Crabtree provided photographs of the violations taken on two different days. Jerome Mitchell stated that from the time frame of the photographs provided, it can be determined that this problem is a common and continual violation. Richard Benge, 628 Aurora Street, South Daytona, Florida, stated that his room mate is attempting to sell the abandoned vehicle. Mr. Benge revealed that there are four unrelated people living in the home and all vehicles cannot fit in the driveway. Jerome Mitchell stated that it is against the City Ordinance to park in the yard and to have more than two unrelated people living at the home, therefore the occupancy of the home 5

6 must be reduced and the abandoned vehicle must be removed or tagged. Mr. Mitchell ordered the Respondent to correct the parking violations on or before November 15, If the Respondent fails to comply with this Order, a fine of $100 per day will be imposed for each day the violations continue past the prescribed date. Additionally, Mr. Mitchell ordered a repeat fine of $200 per day to be imposed if the parking violations are repeated within the next five years Scott Crocker, Deborah Harvey, and Jill Zobel JTWROS 1828 and 1836 Biscayne Avenue, South Daytona, FL Violation of the City of South Daytona Code of Ordinances, Section 105 Permits, subsection 105.1, Permits required, and the City of South Daytona Consolidated Land Development Regulations, Section 5.5 E.5., Dimensional requirements. Allowing a non-permitted and non-conforming structure (storage canopy) to exist on the abutting property. Russell Kennedy stated that the structure was built many years ago and is nonconforming and non-permitted. Mr. Kennedy added that Scott Crocker, property owner of 1828 Biscayne, had pulled a demolition permit for the structure and currently maintains his equipment underneath it. Mr. Kennedy noted that the agent for 1836 Biscayne has obtained a demolition permit for the structure and that communication between the agent and Mr. Crocker must occur in order for the removal of the structure to be successful. Mr. Kennedy requested the Magistrate give the agent and Mr. Crocker 45 days to have the structured removed with an approved final inspection. Bob Leuzinger, Banyan Realty, 4606 Clyde Morris Boulevarde, Port Orange, Florida, expressed three concerns he had with the demolition of the structure: 1. The time frame for the structure removal was too long. 2. Mr. Crocker intends to demo the structure himself and save the roof material. Mr. Leuzinger fears a liability could occur. 3. Mr. Leuzinger fears he will be stuck paying for the entire demolition fee. Jerome Mitchell ordered that both property owners correct the violation on or before December 10, If the Respondents fail to comply with this Order, a fine of $100 per day (for each property owner) will be imposed for each day the violation continues past the date as prescribed Robert Lee Tyler 2353 Oriole Lane, South Daytona, FL Violation of the City of South Daytona Code of Ordinances, Article II, Section 8-19, Weeds and Offensive Conditions of the Property. The Standard Housing Code, Section , Care of Premises. Allowing the accumulation of household items, 6

7 containers, trash cans, car parts, garbage, and debris on the property. Susan Crabtree stated that the residents/owner are habitual violators and that the property has a long history of code violations. Ms. Crabtree noted that the mother and brother of the property owner reside at this property. Ms. Crabtree state that at 1p.m. on November 7, 2007, she conducted and inspection and found that the property owner was in compliance. Jerome Mitchell ordered a repeat fine of $200 per day to be imposed for each day the violations are repeated within the next five years Adam and Mina Wally 911 Boulder Drive, South Daytona, FL Violation of the City of South Daytona Ordinances, Sections 16-19(13)a, and b, City of South Daytona Ordinances, Section 5-189, Standard Housing Code, Section 5-190, Amendments to Standard Housing Code, Section 8-19, High Grass and Weeds, and Section 14-36, Edging sidewalk and curbing that abuts property. Russ Kennedy stated that the property is currently vacant and is going through a foreclosure. Mr. Kennedy said he contacted Capital One and they stated that there was no record of this property. Jerome Mitchell stated that this was an inevitable situation and that all the City can do is to move forward with a finding of non-compliance and file a lien on the property. Mr. Mitchell ordered that the Respondents correct the violations on or before November 15, If the Respondents fail to comply with this Order, a fine of $250 per day will be imposed for each day the violations continue past the date as prescribed. Additionally, a repeat fine of $250 per day will be imposed for each time the violations are repeated within the next five years. Mr. Mitchell also ordered that the City will mow the property and lien the cost. VII. REPEAT VIOLATIONS: Ashley C. Schmidt 2248 Nottingham Road, South Daytona, FL Violation of the Standard Housing Codes, Section , Exterior Doors, and Section 307.4, Care of Premises. Allowing the accumulation of, but not limited to: garbage, car parts, hot tub, boat, jet ski, dilapidated above-ground swimming pool, broken chain-link fence gate, household items, dilapidated landscape 7

8 pond, and debris on the property. Failure to mow the property. Failure to repair or replace the exterior garage service door. Failure to park in the designated driveway causing the grass in the front yard to deteriorate and erode. Susan Crabtree stated that each time she inspects this property, different violations of the Standard Housing Code and the Consolidated Land Development Regulation occur. Ms. Crabtree noted that the initial notice of violation was issued on October 10, 2007, for the current violations cited. Jerome Mitchell ordered that a fine of $2,800 be imposed, payable on or before December 6, 2007 (30 days) and a fine of $100 per day for each day the violations continue past November 8, Additionally, Mr. Mitchell ordered a repeat fine of $250 per day to be imposed for each time there is a violation of the Standard Housing Code and/or the Consolidated Land Development Regulations within the next five years. VIII. REQUEST FOR REDUCTION OF FINES: None IX. COMMUNICATIONS AND PETITIONS: None The Special Magistrate Hearing adjourned at 10:57 a.m. Jerome Mitchell, Special Magistrate Edwin Davis, Special Magistrate Heather M. Lill, Recording Secretary 8