Town of Ponce Inlet CODE ENFORCEMENT BOARD HEARING AGENDA

Monday February 26, 2018 @ 9:30 AM Town of Ponce Inlet CODE ENFORCEMENT BOARD HEARING AGENDA Council Chambers 4300 S Atlantic Ave, Ponce Inlet, FL SUNSHINE LAW NOTICE FOR BOARD MEMBERS Notice is hereby provided that one or more members of the Town Council or other Town Boards may attend and speak at this meeting. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL & DETERMINATION OF QUORUM 4. ADOPTION OF AGENDA 5. EX-PARTE COMMUNICATION: Code Enforcement cases are quasi-judicial and receipt of any information outside of the public meeting on a case is strongly discouraged. If a board member obtains any information outside the public hearing process, this information must be disclosed in detail by the board member prior to the presentation of the case and may not be considered by the board member when making any decision related to the case. 6. ADMINISTERING THE OATH TO WITNESSES: Attorney Cino 7. APPROVAL OF THE MINUTES: A. January 22, 2018 8. CONSENT AGENDA: 9. OLD BUSINESS: 10. NEW BUSINESS: A. Case # 2017-412; Property address: 109 Old Carriage Owner(s): Brett & Katie Harbach Alleged Violation: Expired Building Permit B Case # 2017-419; Property address: 4525 South Atlantic Avenue # 1301 Owner(s): Jarret & Megan Coleman Alleged Violation: Expired Building Permit C. Case # 2017-426; Property address: 4630 Harbour Village Blvd. # 1403 Owner(s): James & Sherri Anderson Alleged Violation: Expired Building Permit D. Case # 2017-428; Property address: 135 Anchor Drive Owner(s): Ben Hodae Alleged Violation: Expired Building Permit Code Enforcement Board Regular Hearing Agenda Page 1

E. Case # 2017-438; Property address: 4869 South Atlantic Avenue Owner(s): Carol Lovell Alleged Violation: Expired Building Permit 11. ATTORNEY DISCUSSION: A. AGO 2017-01 Special Magistrate Code Enforcement Hearing 12. BOARD DISCUSSION: A. Next scheduled meeting March 26, 2018 13. ADJOURNMENT If a person decides to appeal any decision made by the town of Ponce Inlet s Code Enforcement Board with respect to any matter considered at a meeting or hearing, he/she will need a record of the proceedings and that for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made at his/her own expense. Persons who require an accommodation to attend this meeting should contact the Ponce Inlet Town Hall at 236-2150 at least 48 hours prior to the meeting, to request such assistance. A complete copy of the materials for this agenda is available for review at the Town Hall. Code Enforcement Board Regular Hearing Agenda Page 2

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 1 2 3 4 TOWN OF PONCE INLET CODE ENFORCEMENT BOARD HEARING MINUTES January 22, 2018 1. CALL TO ORDER: Chairman Villanella called the meeting to order at 9:30 a.m. in the Council Chambers, 4300 S. Atlantic Avenue, Ponce Inlet, Florida. 2. PLEDGE OF ALLEGIANCE: Chairman Villanella led the attendees in the Pledge of Allegiance. 3. ROLL CALL & DETERMINATION OF QUORUM: Board members present: Board members absent: Mr. Hinson, Seat #1 None Chairman Villanella, Seat #2 Vice-Chairman Finch, Seat #3 Mr. Michel, Seat #4 Ms. DiCarlo, Seat #5 Ms. Cannon, Alternate #1 Ms. Bullock, Alternate #2 A quorum was established with five regular members and two alternate members present. A. Oaths of Office: Mr. Finch, Ms. Cannon, and Ms. Bullock read, signed, and accepted the Oath as administered by Attorney Cino. B. Election of Chair: Ms. DiCarlo moved to nominate Mr. Villanella as Chair; seconded by Mr. Hinson. There were no other nominations. The motion PASSED 5-0, with the flowing vote: Ms. DiCarlo yes; Mr. Hinson yes; Mr. Finch yes; Mr. Michel yes; Mr. Villanella - yes. C. Election of Vice-Chair: Ms. DiCarlo moved to nominate Mr. Finch as Vice-Chair; seconded by Mr. Hinson. There were no other nominations. The motion PASSED 5-0, with the following vote: Ms. DiCarlo yes; Mr. Hinson yes; Chairman Villanella yes; Mr. Michel yes; Mr. Finch - yes. Staff present: Attorney Brackins, Town Attorney Attorney Cino, Code Board Attorney Mr. Hooker, Code Enforcement Officer Ms. Hunt, Administrative Assistant 4. ADOPTION OF THE AGENDA: Mr. Hooker requested moving item 10E, case 2017-414 to new item 8A Old/New Business Preferred at the Beginning of the Meeting. The Board adopted the agenda as amended 5-0, consensus. 5. EX-PARTE COMMUNICATION: Attorney Cino asked if anyone needed to disclose any ex-parte communication. Ms. DiCarlo noted that she has had conversations with residents regarding several cases on this agenda, however none had been with any of the owners. Attorney Cino determined there was no conflict. 6. ADMINISTERING THE OATH TO WITNESSES: Attorney Cino administered the Oath to David Hooker, Kimberly Gernert, Lisa Genovese, James Dineen, and Crystal Anderson. CEB Hearing Minutes January 22, 2018 Page 1 of 5

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 7. APPROVAL OF THE MINUTES: A. November 22, 2017 Mr. Hinson moved to approve the November 22, 2017 meeting minutes as presented; seconded by Ms. DiCarlo. The motion PASSED 5-0, with the following vote: Mr. Hinson yes; Ms. DiCarlo yes; Vice-Chairman Finch yes; Mr. Michel yes; Chairman Villanella - yes. 8. OLD/NEW BUSINESS PREFERRED AT THE BEGINNING OF THE MEETING: A. Case #2017-414; property address: 72 South Turn Circle Owner(s): John & Kimberly Gernert Alleged violation(s): Advertising rental of property without valid rental permit; and violation of Florida statute 489 Mr. Hooker provided testimony and submitted evidence, including internet advertisements of the property being offered for rent. He noted that the owners applied for an Owner/Builder permit for interior renovations, and state law prohibits the sale or rental of a property for one year after such a permit is finaled. Mr. Hooker stated that after learning the property was being offered for rent, he notified the owners of the state s regulations and Mr. Gernert stated that he would remove the listing. Mr. Hooker noted that several days later, staff was advised that the property was still being offered for rent, so a Notice of Violation was sent to the owners. Mr. Hooker stated that the property continues to be offered for rent on several websites and requested that the property be found in non-compliance. Chairman Villanella asked if there was anyone present to speak on this matter - Ms. Gernert, owner, stated her family moved into the property about two weeks ago. She stated that John (Mr. Gernert) didn t realize they were in violation when he listed the property for rent, and when notified by the Town, he took the listing down and stated it was listed for three days. She confirmed that she had listed the property on the MLS, which prompted several other websites to copy and promote the rental. Ms. Gernert noted that she and her husband own property in Orlando and Tennessee, and planned to rent out this property or have her in-laws live there until they were ready to move into it; and confirmed that they didn t show the property to potential tenants. Chairman Villanella asked for public comment James. Dineen, 69 South Turn Circle, stated that he has lived on this street for twelve years and loves the town and this neighborhood. He stated that he is speaking on behalf of the Homeowners Association and that this neighborhood has deed restrictions. Chairman Villanella asked Mr. Dineen if a copy of the covenants and restrictions are provided to buyers at closing. Mr. Dineen stated that it should be noted on the property deed. Lisa Genovese, 62 South Turn Circle, stated that several residents told the Gernerts that they couldn t rent out the property, but Ms. Gernert placed it on Facebook and Keller/Williams real estate sites. She expressed genuine concern about the number of people who could rent this home, noting that there are at least five bedrooms. Chairman Villanella closed public comment. Mr. Michel asked if there s a violation if it hasn t been rented. Mr. Hooker stated yes, the Town s Code states offered for rent ; therefore, offering a property for rent without a rental permit is a violation. Chairman Villanella stated that the Town s Visioning Statement reflects the way in which this community wishes to live, by preserving its culture and quality of life; issues like this tend to have a negative impact on the entire Town. Mr. Michel moved to find the property was in non-compliance, is now in compliance, and to dismiss the case; seconded by Ms. DiCarlo. The motion PASSED 5-0, with the following vote: Mr. Michel yes; Ms. DiCarlo yes; Mr. Hinson yes; Chairman Villanella yes; Vice-Chairman Finch yes. Ms. DiCarlo suggested staff revise the rental application permit by adding failure to notify the Town of the rental status may be considered a violation. Mr. Hooker stated he would confer with the department Director. 9. OLD BUSINESS: A. Case # 2017-084; Property address: 4604 South Atlantic Avenue Owners(s): Athena Diversified Investment, Maria Lagatta, Registered Agent CEB Hearing Minutes January 22, 2018 Page 2 of 5

106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 AND Violation(s): Work without permits or inspection approvals B. Case # 2017-085; Property address: 4616-B South Atlantic Avenue Owner(s): Athena Diversified Investment, Maria Lagatta, Registered Agent Violation(s): Work without permits or inspection approvals Mr. Hooker stated these cases have been presented jointly and requested these cases be dispensed jointly. He stated that the permit was issued on January 3, 2018, which brings the property into compliance, and Mr. Penn continues to work with staff to allow access to the property. Chairman Villanella opened public comment hearing none, he closed public comment. Vice-Chairman Finch moved to find the property was in non-compliance, is now in compliance, and to dismiss the case; seconded by Mr. Michel. The motion PASSED 5-0, with the following vote: Vice-Chairman Finch yes; Mr. Michel yes; Mr. Hinson yes; Chairman Villanella yes; Ms. DiCarlo yes. C. Case # 2017-376; Property address: 4495 South Atlantic Avenue # 306 Owner(s): Sergio & Leesa Salazar Alleged Violation: Expired Rental Permit Mr. Hooker reviewed the case and the Board s Order from last month. He stated Ms. Salazar e- mailed staff on November 13, 2017 that they did not rent the property in 2017 and have no plans to rent it in 2018, and chose to not renew the rental permit. Ms. DiCarlo asked how the Board can determine if a violation exists if our Code doesn t require property owners to notify staff when they decide to no longer rent? Mr. Hooker explained that a renewal notice is sent in July noting the Sept. 30 th expiration date. If no response after Oct. 1 st, another reminder letter is sent. If still no response, a Notice of Violation is then issued. Ms. DiCarlo asked Attorney Brackins how the Board can legally determine a violation exists based on an assumption. Mr. Hooker stated that all correspondence contains the phrase please contact staff if you are no longer offering this property for rent. Chairman Villanella opened public comment hearing none, he closed public comment. Ms. DiCarlo moved to dismiss the case; seconded by Mr. Hinson. The motion PASSED 5-0, with the following vote: Ms. DiCarlo yes; Mr. Hinson yes; Chairman Villanella yes; Vice- Chairman Finch yes; Mr. Michel yes. 10. NEW BUSINESS: A. Case # 2017-313; Property address: 4453 South Atlantic #2090 Owner(s): Barry & Amy Brooks Alleged Violation: Expired Rental Permit Mr. Hooker provided testimony and evidence, including the Town s rental report, showing the owners had active rental permits. He stated the owners paid the permit fee on December 15, 2017, therefore staff is requesting an Order stating the property was in non-compliance, is now in compliance, and to dismiss the case. Mr. Michel moved to find the property was in noncompliance, is now in compliance and to dismiss the case; seconded by Ms. DiCarlo. The motion PASSED 5-0, with the following vote: Mr. Michel - yes; Ms. DiCarlo yes; Mr. Hinson yes; Chairman Villanella yes; Vice-Chairman Finch yes. B. Case # 2017-366; Property address: 4641 South Atlantic Ave., #6040 Owner(s): Benoit & Sandrine Ducros Alleged Violation: Expired Rental Permit Case withdrawn by staff. C. Case # 2017-379; Property address: 4495 South Atlantic Ave., #403 Owner(s): Amy Mullen & Lee Ellison Alleged Violation: Expired Rental Permit CEB Hearing Minutes January 22, 2018 Page 3 of 5

158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 Mr. Hooker provided testimony and evidence, including the Town s rental report, showing the owners had active rental permits. He stated the owners have since paid the rental permit fee therefore, staff is requesting an Order of non-compliance, is now in compliance, and to dismiss the case. Ms. DiCarlo moved to find the property was in non-compliance, is now in compliance and to dismiss the case; seconded by Mr. Hinson. The motion PASSED 5-0, with the following vote: Ms. DiCarlo yes; Mr. Hinson yes; Chairman Villanella yes; Vice-Chairman Finch yes; Mr. Michel yes. D. Case # 2017-411; Property address: 4901 South Atlantic Avenue Owner(s): Ohri Kumar, LLC (Kumar Subhash, Registered Agent) Alleged Violation: Rental of a dwelling without a valid Rental Permit Mr. Hooker provided testimony and evidence that this property is rented, but there is no rental permit on file. He stated staff has made numerous attempts to reach the owners, which have been unsuccessful. He added that the Town s police department responded to this property in October 2017 for noise and parking complaints. Officer Schleifer, Officer Rodriguez, and Chief Fabrizio were sworn-in by Attorney Cino. Officer Schleifer stated that when the officers arrived on scene, the crowd had grown to approximately 1,000 people, prompting mutual aid response from Daytona Beach Shores and the Volusia County Sheriff s Departments. Officer Schleifer stated that when speaking with the individual on site, he informed the officers that he had rented the house for the weekend for an alumni reunion. Chief Fabrizio reported that this property has a long list of complaints for parties, noise, parking, etc. and that residents in the neighborhood complain that the property is rented for weekends, weddings, holiday, events, etc. Mr. Hinson questioned if the owner is going to allow tenants or guests to host events, shouldn t they obtain a special event permit. Chief Fabrizio said yes. Chairman Villanella asked if there was anyone present to speak on this case. Ms. Crystal Anderson, Ocean Luxury Realty, stated that after the incident in October, she went to the property and met with alumni staff on behalf of Dr. Ohri, who lives in NY. Chairman Villanella asked how Dr. Ohri is contacted; Ms. Anderson stated at his NY address. Mr. Hooker stated that according to Chapter 162, FS, since the property is in an LLC, staff has the obligation to notify one owner or registered agent of the property; and confirmed that due notice was completed. Chairman Villanella closed public comment. Chairman Villanella moved to find the property was in non-compliance and to impose a $250 fine; seconded by Mr. Michel. The motion PASSED 5-0, with the following vote: Chairman Villanella yes; Mr. Michel yes; Mr. Hinson yes; Vice-Chairman Finch yes; Ms. DiCarlo yes. Ms. DiCarlo expressed concerns that this property is in a residential neighborhood and short-term rentals are not allowed anywhere in Ponce Inlet. Chairman Villanella reiterated his earlier comments regarding the Vision Statement and encouraged the owners to learn the Town s regulations and to be a good neighbor. Chief Fabrizio stated that three burglary cases have been reported at this property. E. Sunshine Law, Parliamentary Procedure, and Quasi-Judicial training Attorney Cino reviewed the training packet; there were no questions. 11. ATTORNEY DISCUSSION None 12. BOARD/STAFF DISCUSSION A. Proposed 2018 hearing date changes Mr. Hooker stated that staff is requesting the May 28 th hearing be moved to May 21 st, and November 26 th hearing be moved to November 19 th, and the December 24 th hearing be moved to December 17 th due to the holidays associated with those dates. Chairman Villanella polled the members and agreed by consensus to change the 2018 hearing dates as proposed. CEB Hearing Minutes January 22, 2018 Page 4 of 5

210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 B. Repot of Staff - Mr. Hooker stated that the Council recently held its bi-annual Goals Workshop and during that meeting, he spoke about the possibility of using a citation process. He wanted the Board to know that he is adamant about not eliminating this Board, but is always looking for ways to improve the process. He stated that citations could be used for special violations, where there is no property owner, rather a contractor committing a violation. He stated that he is planning a series of workshops to get input from citizens about their concerns or comments about Code Enforcement. Mr. Hooker reported that the Volusia County Property Appraiser is considering attaching liens to the subject property, so every municipality and every buyer can become aware of any liens; he noted that once a lien appears on the property tax record, the County will collect the lien and forward to the municipality. Mr. Hooker then reported that he is organizing a local chapter of the Central Florida Code Enforcement Association, through FL Association of Code Enforcement. At a meeting held earlier this month, there were 24 officers present, representing 15 agencies; he stated that it isn t feasible for the officers on the east side of the county to travel to Orlando and beyond for training and meetings. He noted that it is his goal to offer training four times a year, to ask Boardmembers what type of training they would like, and include the Board as part of the training opportunity. 13. ADJOURNMENT: The meeting was adjourned at 11:01 a.m. Respectfully submitted by, Peg Hunt, Recording Secretary CEB Hearing Minutes January 22, 2018 Page 5 of 5