Code Enforcement Special Magistrate Meeting (2024-09-11)

CODE ENFORCEMENT SPECIAL MAGISTRATE MEETING MINUTES COUNCIL CHAMBERS - CITY HALL 1000 CITY CENTER CIRCLE PORT ORANGE, FLORIDA SEPTEMBER 11,2024

THE CODE ENFORCEMENT SPECIAL MAGISTRATE MEETING of the City of Port Orange was called to order by Special Magistrate David Fuller at 9:00 a.m.

PRESENT:

David Fuller, Special Magistrate

ALSO PRESENT:

Scott Allman, Code Enforcement Officer

Tracee Cody, Deputy City Clerk

Christine Clowes, Administrative Assistant

Oaths

Code Enforcement Officer Scott Allman was sworn in by Special Magistrate Fuller.

CALL TO ORDER

1. Attorney Overview of Special Magistrate Code Enforcement Process

Special Magistrate Fuller dispensed with the overview of the code enforcement process as there were no members of the public present.

2. Consideration of Minutes - August 28, 2024

Special Magistrate Fuller approved the August 28, 2024 meeting minutes as presented.

FORMAL HEARING (COMPLIANCE OR NON-COMPLIANCE)

3. CEB Case No.: 24-632

Cited for violation(s) - Chapter 42, (Nuisances), Article II (Garbage, Junk and Undergrowth), Section 42-26 (Cleanliness of property generally - duty of owner), (d) Maintenance of improved residential lots) of the City of Port Orange Code of Ordinances.

Respondent: Christopher Hartnett

Helene Catrambone

Port Orange, FL 32127

Address of Violation: 725 Merrimac Drive

Code Officer: Scott Allman

Address of Violation: 725 Merrimac Drive prohibited of the City of Port Orange Code of Ordinances.

Chapter 42, (Nuisances), Article II (Garbage, junk and undergrowth), Section 42-26 (Cleanliness of property generally-duty of owner), (h) Abutting property owner maintenance of parkages.

Chapter 56 (Solid Waste), Article II (Collection and Disposal Service), Section 56-31 (Containers required) of the City of Port Orange Ordinances.

Chapter 3, Section 304 (Exterior Structure), International Property Maintenance Code, a City of Port Orange Code of Ordinances.

04.6 (Exterior Walls) of the 2024 adopted per Chapter 14, Article II of the

Chapter 3, (General Requirements), Section 303 (Swimming Pools, Spas and Hot Tubs), 303.2 (Enclosures), of the 2024 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances. Chapter 3, Section 302 (Exterior Property Areas), 302.7 (Accessory Structures) of the 2024 International Property Maintenance Code as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances.

Mr. Allman was sworn in by Special Magistrate Fuller and testified as to the condition of the property, as well as the notice provided to the property owner. Photos were submitted into evidence and accepted by Special Magistrate Fuller with no objections. The violation was to be corrected by September 1, 2024 by 1) mowing and maintaining the entire property to include weed eating of all high weeds on site, 2) removing all garbage laying on the ground, 3) cleaning and painting all fascia boards that are stained, 4) repairing all exterior walls where there is missing stucco, 5) pressure washing and painting the exterior of the home, 6) securing all doors to the pool enclosure, and 7) replacing all missing screens on the pool enclosure.

Mr. Allman recommended the property owners be found in violation of the above referenced codes with the violations to be corrected by October 11,2024 by 1) mowing and maintaining the entire property to include weed eating of all high weeds on site and by removing all vines from the side of the home, 2) cleaning and painting all fascia boards that are stained, 3) repairing all exterior walls where there is missing stucco, 4) pressure washing and painting the exterior of the home, 5) securing all doors to the pool enclosure, and 6) replacing all missing screens on the pool enclosure, 7) Additionally, the property owner shall immediately secure all lower screens with a construction barrier to prevent children and animals from entering the pool area. In the event the property is not brought into compliance on or before the compliance date, and/or not maintained in a state of compliance, a daily fine in the amount of $100.00 per day shall be imposed. Accused should be further ordered to contact the Code Enforcement Officer to arrange for a re-inspection of the property to verify compliance with the order. Mr. Allman requested any future violations

* * *

The cost sheet in the amount of $71.13 was tendered into evidence and accepted by Special Magistrate Fuller with no objections.

Special Magistrate Fuller granted the recommendation as presented. The property owner has until October 11,2024 to 1) mow and maintain the entire property to include weed eating of all high weeds on site and to remove all vines from the side of the home, 2) clean and paint all fascia boards that are stained, 3) repair all exterior walls where there is missing stucco, 4) pressure wash and paint the exterior of the home, 5) secure all doors to the pool enclosure, and 6) replace all missing screens on the pool enclosure, 7) Additionally, the property owner shall immediately secure all lower screens with a construction barrier to prevent children and animals from entering the pool area or a daily fine in the amount of $100.00 per day shall be imposed. Costs in the amount of $71.13 were awarded to the City.

4. CEB Case No.: 24-693

Respondent: Daniel N. Vozza

Port Orange, FL 32127

Address of Violation: 313 Church Street

Code Officer: Tom Quane

First Notified: 6/13/2024