Code Enforcement Special Magistrate Meeting (2024-12-11)

CODE ENFORCEMENT SPECIAL MAGISTRATE MEETING MINUTES COUNCIL CHAMBERS - CITY HALL 1000 CITY CENTER CIRCLE PORT ORANGE, FLORIDA DECEMBER 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:

DENA JOSEPH, CODE OFFICEER AMANDA BONIN, DEPUTY CITY CLERK

Code Enforcement Officer Dena Joseph 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 - October 23, 2024 and November 13, 2024

Special Magistrate Fuller approved the October 23, 2024, and November 13, 2024 meeting minutes as presented.

FORMAL HEARING (COMPLIANCE OR NON-COMPLIANCE)

3. CEB Case No.: 24-0998

Respondent: Homeowners Association of Westport Reserve Inc., Artemis Lifestyle Services, Inc., Registered Agent

Cited for violation(s) - Chapter 10, Article II, Section 13 Maintenance, of the City of Port Orange Land Development Code; Chapter 10, Article II, Section 14 Enforcement, of the City of Port Orange Land Development Code; Saint John's River Water Management District Permit No. 91871-10 Issued July 13, 208, Condition 16 and 21.

Address of Violation: 5571 Estero Loop (Westport Reserve Phase 3 Swale behind the houses on the South end of Estero Loop)

Compliance: Yes

First Notified: 8/1/2024

Code Officer: Dena Joseph

Dena Joseph, Code Enforcement Officer requested a dismissal of the case as it is in compliance. Special Magistrate Fuller granted the dismissal request.

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4. CEB Case No.: 24-1260 Respondent: Arkagas LLC C/O Daniel Neary Address of Violation: 5784 Taylor Branch Rd. Code Officer: Dena Joseph First Notified: 9/3/2024

Compliance: Yes

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.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 42, (Nuisances), Article II, (Garbage, Junk and Undergrowth), Section 42-26, (Cleanliness of Property Generally-duty of owner), (f) Garbage, waste, trash, etc. prohibited of the City of Port Orange Code of Ordinances.Chapter 42 (Nuisances), Article II (Garbage , Junk and Undergrowth), Section 42-32 Storage of vehicles, furniture, etc. of the City of Port Orange Code of Ordinances.

Ms. Joseph requested a dismissal of the case as it is in compliance. Special Magistrate Fuller granted the dismissal request.

5. CEB Case No.: 23-1371

Respondent: Arkagas LLC C/O Daniel Neary Registered Agent

Code Officer: Dena Joseph

First Notified: 12/8/2023

Compliance: No

Cited for violation(s) - Chapter 1 (Scope and Administration), Section 109 (Unsafe Structures and Equipment), 109.1.5 (Hazardous structures or premises), (3) and (4), of the 2024 International Property Maintenance Code, as adopted per Chapter 14, Article II of the City of Port Orange Code of Ordinances: 109.1.5 Hazardous structure or premises (3) and (4).

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Code Enforcement Special Magistrate Meeting

December 11,2024

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referenced codes with the violations to be corrected by January 31,2025,by removing the altered canopy structure on the commercial building at this location and obtaining a permit prior to the commencement of this work. 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 reinspection of the property to verify compliance with the order. Dena Joseph requested any future violations under this ordinance be considered repeat. The cost sheet in the amount of $70.57 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 January 31,2025, to remove the altered canopy structure on the commercial building at this location and obtain a permit prior to the commencement of this work, or a daily fine in the amount of $100.00 per day shall be imposed. Costs in the amount of $70.57 were awarded to the City.

6. CEB Case No.: N/A