Code Compliance Board

The City of New Smyrna Beach November 21, 2024 1 Code Compliance Board Thursday, November 21, 2024, at 4:30PM Minutes 1. CALL TO ORDER Having been duly advertised as required by law, the regular meeting of the Code Compliance Board of the City of New Smyrna Beach, Florida, was held on Thursday, November 21, 2024, at the City Commission Chambers, 214 Sams Avenue, New Smyrna Beach, Florida 32168. Chairman Dan Copfer called the meeting to order at 4:30 PM and reviewed the procedures for the hearing. Present: Member Clifford Wharin, Chairman Dan Copfer, Member Albert Schimanski, Member Aaron Denys, Member Ruth Kazimierek Absent: Member Michael Slayton; Member Kathleen Brown 2. DISCLOSURE OF EX PARTE COMMUNICATIONS None 3. APPROVAL OF MINUTES Member Albert Schimanski moved to adopt the November 21, 2024 Code Compliance Board Meeting Minutes. Member Clifford Wharin second the motion, and the motion carried unanimously.

The City of New Smyrna Beach November 21, 2024 2 4. SWEARING OF CITY STAFF, RESPONDENTS AND WITNESSES Board Secretary, Teresa Merck, administered the oath to the following City Staff and property representatives/owners: Barbara Bobelak, Beverly Abrahamson, Jason Yates, Amber Bage, Sherri Ranson, Tom Draus, and Jachin Pendleton 5. OLD BUSINESS 5.A CCB-0639-2024, 2767 NEVERLAND DR, OWNER: SHERRI LYNN RANSON, OFFICER: JASON YATES Officer Jason Yates presenting. The owner, Sherri Ranson, was present to comment. On August 29, 2024, the property was found to be in violation of IPMC 303.2 – Enclosures; Sec. 26-171. (a) Permits Required and given until September 13, 2024, to bring the property in compliance. Office Yates stated certified mail was delivered on September 5, 2024 and the order was posted on the property on August 29, 2024. The property owner, Sherri Ranson, explained that she hired a contractor to complete projects on her property so she could move into it and that she gave a deposit of $15,000. The contractor stopped responding and she had to file a litigation suit. She hired a second company and is trying to resolve the violation. As of November 21, 2024, the property is not in compliance. Officer Yates recommends a new compliance date of January 6, 2025 to bring the property into compliance. In the event the property is not brought into compliance, a fine of $25.00 per day, per violation, may be imposed at a subsequent hearing commencing on January 6, 2025 until compliance is achieved, not to exceed the maximum of $15,000.00. Discussion ensued among the Board members regarding the details of the case. Member Albert Schimanski moved to accept Officer Yates recommendation. Member Aaron Denys second the motion, and the motion carried unanimously.

The City of New Smyrna Beach November 21, 2024 3 The respondents are further ordered to contact the code inspector to verify compliance with this order and to also be aware that the respondents have the right to appeal the order when it comes out within thirty days. Any violation of the same code by the respondent within five years from the date of this order shall be treated as a repeat violation of which a fine of up to $500.00 per day may be imposed. 5.B CCB-0385-2024 3144 SUNDANCE TR., OWNER: THOMAS DRAUS, OFFICER: BARBARA BOBELAK Officer Barbara Bobelak presenting. The owner, Thomas Draus, was present to comment. On May 15, 2024, the property was found to be in violation of Sec. 26-914. (13) – Outdoor Storage, Sec. 26-914. (4) Exterior Windows and Doors, Sec. 26-914. (6) Accessory Improvements, Sec. 26-914. (8) Landscaping, and Sec. 26-914. (9)- Trash and Debris and given until May 29, 2024, to bring the property in compliance. Hearing on August 15, 2024, the Board found the property in violation of Sec. 26-914. (6) Accessory Improvements and Sec. 26-914. (8) Landscaping, and a fine of $100 per day, not to exceed $15,000, with a compliance date of October 30, 2024. Office Bobelak stated certified mail was delivered on September 5, 2024, and the order was posted on the property on August 29, 2024. Officer Bobelak also stated that she spoke with Mr. Draus and the dock received more damage and that he has been working with companies and an estimate will probably change due to new damage from Hurricane Milton. Officer Bobelak stated she has not spoken with Tom Draus since August 29, 2024. The owner, Thomas (Tom) Draus spoke on his behalf about trying to hire a contractor in a reasonable time and running into dead ends. He has one willing to start the dock project approximately in February 2025. He stated the dock received extra damage from Hurricane Milton (pictures provided). He was able to retrieve extra pieces of the dock that had floated away.

The City of New Smyrna Beach November 21, 2024 4 As of November 21, 2024, the property is not in compliance. Officer Bobelak recommends a fine of $100.00 per day, for violation 26-914. (6) Accessory Improvements, commencing on November 21, 2024, until a permit is submitted to go into the review process and then until compliance is achieved not to exceed the maximum of $15,000.00. Officer Bobelak suggested that the owner contact her upon permit submittal. Discussion ensued among the Board members regarding the details of the case. Board Member Ruth Kazimierk confirmed that the case started in May 2024 and the hurricanes occurred in September 2024. Aaron Denys motioned to continue the case to January to give the property owner more time. Motion failed, due to the lack of a second motion. Member Clifford Wharin moved to accept Officer Bobelak’s recommendation. Member Ruth Kazimierk second the motion, motion carried 4-1 by majority vote, with Member Aaron Denys voting no. The respondents are further ordered to contact the code inspector to verify compliance with this order and to also be aware that the respondents have the right to appeal the order when it comes out within thirty days. Any violation of the same code by the respondent within five years from the date of this order shall be treated as a repeat violation of which a fine of up to $500.00 per day may be imposed. 5.C CCB-0183-2024, 200 LIVE OAK ST, OWNERS: SARAH & JACHIN PENDLETON, OFFICER: BEVERLY ABRAHAMSON Officer Beverly Abrahamson presenting. The owner, Jachin Pendleton, was present to comment. On August 29, 2024, the property was found to be in violation of Sec. 74-146. – Local Business Tax Imposed and given until September 13, 2024, to bring the property in compliance. At the hearing on October 17 th , 2024, the Board continued the case until the November 21, 2024 hearing.

The City of New Smyrna Beach November 21, 2024 5 Officer Abrahamson stated certified mail was delivered on October 28, 2024, and the order was posted on the property on October 18, 2024. This case started in March with multiple companies at one address. The property owner, Jachin Pendleton, provided documents from the City of New Smyrna Building department, showing that he submitted for a BTR that has yet to be approved. Assistant City Attorney Shey McCurdy confirmed there is nothing more for property owner to do at this point. Discussion ensued among the Board members and Staff regarding the details of the case. As of November 21, 2024, Officer Abrahamson suggested dismissing the case and for a motion for the property to be found in compliance. Member Clifford Wharin moved to accept Officer Abrahamson’s recommendation. Member Ruth Kazimierk second the motion, and the motion carried unanimously. The respondents are further ordered to contact the code inspector to verify compliance with this order and to also be aware that the respondents have the right to appeal the order when it comes out within thirty days. Any violation of the same code by the respondent within five years from the date of this order shall be treated as a repeat violation of which a fine of up to $500.00 per day may be imposed. 6. NEW BUSINESS 6.A WITHDRAWN- CCB-0696-2024, 209 ROBINSON RD., OWNER: KRISTIN AND JASON JIMENEZ, OFFICER: BARBARA BOBELAK 6.B WITHDRAWN- CCB-0615-2024, 344 SHELDON/548 MARY AVE., OWNER: ALLEN CHAPEL A M E CHURCH; OFFICER- BEVERLY ABRAHAMSON 6.C CCB-0635-2024 478 PALM ST, OWNER: CHANGE3E LLC; OFFICER: BEVERLY ABRAHAMSON Officer Beverly Abrahamson presenting.

The City of New Smyrna Beach November 21, 2024 6 The owner was not present to comment. On August 20, 2024, the property was found to be in violation of Sec. 26-902-Registration of vacant real properties; duty to provide written notice of abandoned real property; Sec- 914.(4) Exterior windows and doors; IPMC 304.2- Protective treatment; and IPMC 302.8- Motor Vehicles. At the hearing on October 17th , 2024 the board continued the case until the November 21, 2024 hearing. Officer Abrahamson stated certified mail was sent on September 25, 2024, and moving through network and the order was posted on the property on September 25, 2024, with an initial compliance date of October 16, 2024. Officer Abrahamson stated that she received a voicemail from Christy Hunter, Registered Agent listed for CHANG3E LLC, and that she had received the NOV and NOH via mail. Officer Abrahamson received a call from Christy Hunter on October 17 th , 2024, and spoke with her via phone call, who stated she lives in Houston, Texas, but is moving into the house permanently for work purposes in the next 30-60 days. Owner also stated during the call that the vehicle is scheduled to be towed off site and that the contractor is supposed to be applying for a permit for re-roofing. On October 26th , Officer Abrahamson stated she did a drive by and observed metal material on front porch being peeled back and siding being removed. On November 6th , Officer Abrahamson stated she was driving by, and the front door was open; she spoke with a guy about the need for a permit. As of November 21, 2024, the property is not in compliance. The vehicle has been removed. Officer Abrahamson recommended finding Change3 LLC and/or entity in violation of Sec. 26-902- Registration of vacant real property and Sec. 26-914 (4) Exterior windows and doors and IPMC 304.2- Protective treatment, and give until December 19, 2024 to bring the property into compliance and recommends a fine of $50 per day for Sec. 26-902 and $25 per day for the remaining violations Sec. 26-914 (4) and IMPC 304.2 to be imposed at a subsequent hearing commencing on December 19, 2024.

The City of New Smyrna Beach November 21, 2024 7 Discussion ensued among the Board members regarding the details of the case. Board member Clifford Wharin suggested a motion of moving the compliance date to January 16, 2025, hearing. Member Clifford Wharin moved to accept Officer Abrahamson’s recommendation suggesting moving the compliance date to January 16, 2025. Member Ruth Kazimierk second the motion, and the motion carried unanimously. The respondents are further ordered to contact the code inspector to verify compliance with this order and to also be aware that the respondents have the right to appeal the order when it comes out within thirty days. Any violation of the same code by the respondent within five years from the date of this order shall be treated as a repeat violation of which a fine of up to $500.00 per day may be imposed. 6.D WITHDRAWN- CCB-0659-2024 1626 BEACON ST., OWNER: BEACON STREET LASATA LLC; OFFICER: BEVERLY ABRAHAMSON 6.E WITHDRAWN- CCB-0665-2024 1309 PALMETTO ST., OWNER: ROBERT W. REISER; OFFICER: BEVERLV ABRAHAMSON 7. REPEAT BUSINESS 8. DISCUSSION 9. STAFF REPORTS 10. ADJOURNMENT As there was no further business to discuss, Chair Copfer declared the meeting adjourned at 5:08 PM.