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November 15, 2017

VOLUSIA COUNTY CODE ENFORCEMENT BOARD MINUTES

November 15, 2017

Chairman Joe Rudolph called the regularly scheduled, Code

Enforcement Board Meeting to order at 9:30 a.m. in the County

Council Chambers, Second Floor, Thomas C Kelly Administration Building

MEMBERS PRESENT MEMBERS ABSENT

Harry Wild, Jr. Donald Needham

Joe Rudolph, Chair

Gerard Smith

Charles Cino, Board Attorney

Kenneth Runge

Pete Zahn

Chad Lingenfelter, Vice-Chair

STAFF PRESENT

Chris Hutchison, Zoning Compliance Manager

Margaret Godfrey, Zoning Compliance Officer

Debbie Zechnowitz, Zoning Compliance Officer

Russ Brown, Assistant County Attorney

Meghan Lindsey, Code Enforcement Board Clerk

Mike Nelson, Building and Zoning Director

Michael Mazzola, Zoning Compliance Officer

Christopher Hooper, Zoning Compliance Officer

Tammy Proulx, Zoning Compliance Coordinator

* * * * *

APPROVAL OF MINUTES

Member Lingenfelter moved to APPROVE the November 15, 2017 Code Enforcement

Board minutes. Member Zahn SECONDED the motion that CARRIED unanimously by

voice vote.

* * * * *

All parties and witnesses who were to provide testimony were sworn in by the Clerk

prior to any testimony being presented.

* * * * *

November 15, 2017

UNFINISHED BUSINESS

CEB2016104-HARRIS ROBERT B Posted Complaint No. 20160411019

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 1138 Roberts St, Ormond Beach 32174

Parcel No. 423802050272 Zoning: R-3

Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Apr 21, 2016 *Order of Non - Compliance issued at the July 20, 2016 hearing: *1st Amended Order of Non-Compliance issued at the September 21, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the October 19, 2016 hearing: *3rd Amended Order of Non-Compliance issued at the December 21, 2017 hearing: *4th Amended Order of Non-Compliance issued at the June 21, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 16, 2017.

Order of Compliance

Based on a submitted Report and Affidavit of Compliance, Member Wild MOVED to issue

an Order of Compliance as the Respondent(s) has achieved compliance. After

Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

CEB2016169-CLEMENT HAILEE ALYSE Posted Complaint No. 20160405061

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287 (E) Parking motor vehicle(s) on front yard, other than on driveway Property Location: 1646 Valencia Av, Daytona Beach 32117


Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Apr 08, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the January 18, 2017 hearing: *Final Order Imposing Fine Lien issued at the March 15, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 23, 2017

Order of Compliance




November 15, 2017


Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1646 Valencia Av, Daytona Beach 32117



Order of Compliance





Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 1646 Valencia Av, Daytona Beach 32117



Order of Compliance




November 15, 2017

CEB2016197-CROASMUN ROBERT M Sheriff Served Complaint No. 20100513027

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Expansion of a non-conforming use Property Location: 2494 Tomoka Farms Rd, Port Orange 32128

Parcel No. 622600000070 Zoning: RA

Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on May 17, 2010 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the March 15, 2017 hearing: *Final Order Imposing Fine Lien issued at the July 19, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 23, 2017 Order of Compliance




CEB2016217-WILSON FRANK J Posted Complaint No. 20151228014

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1246 Cedar Cir, Daytona Beach 32117


Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Jun 01, 2016 *Final Order of Non-Compliance/Imposing Fine Lien issued at the April 19, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 26, 2017

Order of Compliance




CEB2017107-HOLMES JOAN S Posted Complaint No. 20170221051

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s). (Unmaintained vacant single family residence Property Location: 1287 John Anderson Dr, Ormond Beach 32176


Zoning Compliance Officer - Margaret Godfrey

November 15, 2017

Property owner was first notified of the violation on *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the September 20, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 6, 2017

Order of Compliance




CEB2017148-BLOEDORN LAUREL Served Complaint No. 20150817006

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). (Barn area converted to living space) Property Location: 845 Sand Crane Ln, Lake Helen 32744

Parcel No. 810400000034 Zoning: A-3

Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Aug 20, 2015 *Order of Non-Compliance issued at the July 19, 2017 hearing: *1st Amended Order of Non-Compliance issued at the September 20, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 26, 2017

Order of Compliance




CEB2017210-SAI GROUP OF ORMOND BEACH INC Served

OWNER OF SUNOCO Complaint No. 20170607033

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE III DIVISION 12 SECTION 72-924 Description: Lights illuminating and/or visible from the beach during sea turtle nesting season from May 1st through October 31st. Property Location: 1716 Ocean Shore Blvd, Ormond Beach 32176

Parcel No. 324109020020 Zoning: B-4

Sea Turtle Lighting Inspector - Christina Phillips Property owner was first notified of the violation on *Final Order of Non-Compliance/Imposing Fine Lien issued at the October 18, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 24, 2017

Order of Compliance

November 15, 2017




CEB2017255-VASILIADES MARK TR & VASILIADES LIVING TR

Served Complaint No. 20170809023

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 Sec. 72-306. Dogs and cats in residential areas. You have exceeded the maximum number of dogs and or cats permitted on the premises. Property Location: 3 Briggs Dr, Ormond Beach 32176


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on August 11, 2017 *Order of Non-Compliance issued at the October 18, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of October 24, 2017

Order of Compliance




CEB2017133-ODONNELL DENNIS K Posted Complaint No. 20170329044

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 4815 N Us Hwy 17, Deleon Springs 32130 Parcel No. 694301270071 Zoning: B-4(D)

Zoning Compliance Officer - Christopher R. Hooper

Property owner was first notified of the violation on Jul 27, 2017 *Final Order of Non-Compliance/Imposing Fine Lien issued at the June 21, 2017 hearing: *Modified Order of Non-Compliance issued at the August 16, 2017 hearing: *1st Amended Order of Non-Compliance issued at the September 20, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the October 18, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of November 6, 2017

Order of Compliance




November 15, 2017

CEB2017152-SHAIN TIMOTHY A Posted Complaint No. 20170106034

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287 (C) Trailer improperly parked Property Location: 1636 Valencia Av, Daytona Beach 32117


Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Jan 12, 2017 *Order of Non-Compliance issued at the July 19, 2017 hearing: *1st Amended Order of Non-Compliance issued at the October 18, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of November 13, 2017

Order of Compliance


Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 1636 Valencia Av, Daytona Beach 32117


Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Jan 12, 2017 *Order of Non-Compliance issued at the July 19, 2017 hearing: *1st Amended Order of Non-Compliance issued at the October 18, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of November 13, 2017

Order of Compliance

CEB2016154-DAVIS TAMBRA N TR Served Complaint No. 20150821039

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s) Property Location: 4287 S Atlantic Av, Port Orange 32127


Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Aug 31, 2015 *Order of Non-Compliance issued at the May 17, 2017 hearing: *1st Amended Order of Non-Compliance issued at the June 21, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the July 19, 2017 hearing: *3rd Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing.

November 15, 2017

Chris Hutchison, Code Administration Manager, presented the case. The permit application that was submitted on October 13, 2017, is in plan review at this time; it is waiting on information that was requested by the plans examiner. Beverly has been in the contact with the contractor, who says that he is waiting on the engineer’s drawings. The contractor submitted everything on November 14, 2017. Staff is requesting a fourth amended order of non-compliance, with a hearing to impose fine set for March 21, 2018. The respondent’s contractor, gave his name and mailing address for the record. He stated that he received an e-mail about some revisions that had to be done. He said that they addressed those revisions with the engineer and he took care of it. The contractor stated that he turned them in the day before. He said that he had a few issues with turtle glass and lighting, which had to be addressed; he said that he sent in the information to Christina Philips, Sea Turtle Lighting Compliance Officer. He stated that all other aspects of the drawings, have been completed and that they’re just waiting on some structural things.

Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an

Fourth Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be

scheduled for the March 21, 2018 hearing for Violating Volusia County Code of

Ordinances, Chapter 58 Article I Section 58-3. After Member Smith SECONDED the

motion, it CARRIED unanimously by voice vote.

CEB2016261-CONDON DONALD JOHN Posted Complaint No. 20161021024

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). Expired RES permit #20170310003 Property Location: 1112 Avenue F, Ormond Beach 32174

Parcel No. 422901140190 Zoning: MH-5

Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Oct 28, 2016 *Order of Non-Compliance issued at the February 15, 2017 hearing: *1st Amended Order of Non-Compliance issued at the April 19, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. There was an amended order at last month’s hearing, because the permit didn’t expire until October 24, 2017; it has since then expired. There has been no contact with the property

November 15, 2017

owner and application submitted to date. Staff is requesting an order imposing fine/lien in the amount of $50.00 per day, not to exceed $3,000.00 to begin on December 21, 2017. After discussion and based on the testimony and evidence presented, Member Lingenfelter

MOVED to issue a Final Order Imposing Fine/Lien in the amount of $50.00 per day

with a cap of $3,000.00 to begin on December 21, 2017. After Member Smith

SECONDED the motion, it CARRIED unanimously by voice vote.

CEB2017016-WORKMAN TERRY LEE Posted Complaint No. 20150602025

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Pool renovations) Property Location: 3960 Sr 11, Deland 32724


Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jun 05, 2015 *Order of Non-Compliance issued at the May 17, 2017 hearing: *1st Amended Order of Non-Compliance issued at the June 21, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the September 20, 2017 hearing: *3rd Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. A permit was issued on June 19, 2017, for a swimming pool deck only, existing pool. The permit expired on October 19, 2017 and was reinstated on November 1, 2017. As of today, there have been no inspections scheduled. Member Lingenfelter asked if the reinstatement was for another six months. Chris stated that he thought it was for another 30 days. Staff is requesting a fine of $50.00 a day, not to exceed $22,000.00, to begin on December 21, 2017. The board discussed with Chris, whether or not they could impose a fine if the permit is not expired. The board asked if it was more a matter, of not renewing the permit; they explained that there had been a case where a permit was renewed multiple times, but the respondent never followed through with it. The board explained that they understood the reason behind staff’s recommendation. Charles Cino, Board Attorney, stated that whether or not the permit is renewed, that the board could still take action today.

November 15, 2017

The board discussed what the respondent needs to do, to resolve the violation and the time limit recommended by staff. Mike Nelson, Building and Zoning Director, explained why he believed that the permit was extended for 30 days only. After discussion and based on the testimony and evidence presented, Member Lingenfelter


with a cap of $22,000.00 to begin on December 21, 2017. After Member Zahn


CEB2017035-JOHNSON MICHAEL MERRICK & BEVERLY LYNN JOHNSON

Served Complaint No. 20150302007

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Front exterior stairs) Property Location: 850 Grouper Av, New Smyrna Beach 32169

Parcel No. 850501600090 Zoning: R-9W

Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Mar 09, 2015 *1st Amended Order of Non-Compliance issued at the May 17, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. A variance was required for the front yard setbacks, to allow for the stairway on a single-family residence. The variance was approved on October 3, 2017. Permit # 20151026043 was valid until November 12, 2017. Beverly sent an e-mail to inquire whether or not an inspection will be scheduled. There was no reply. Staff is requesting a fine of $50.00 per day not to exceed $58,000, to begin on December 21, 2017. The board discussed whether or not the staircase was inspected, to ensure that it was built to code. Mike Nelson, Building and Zoning Director, explained who is responsible for inspecting the work done on a property. He also explained the variance process to the board, and stated why a variance was needed for this case. After discussion and based on the testimony and evidence presented, Member Zahn


with a cap of $58,000.00 to begin on December 21, 2017. After Member Lingenfelter


November 15, 2017

CEB2017070-TORRES JOSE & ANA LOUISA Served Complaint No. 20161026020

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 1360 Peterson Rd, Pierson 32180


Compliance Officer – Christopher R Hooper Property owner was first notified of the violation on Oct 31, 2016 *Order of Non-Compliance issued at the May 17, 2017 hearing: *1st Amended Order of Non-Compliance issued at the August 16, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. An application for two permits was received on May 2, 2017, both are in plan review. One application is for converting a porch to a bathroom, kid’s playroom and bedroom and the other is for installing a carport/metal building. The property is zoned A-1 which requires 10 acres of land; the Property Appraiser has the property at just over a quarter of an acre, which does not meet the zoning. The owners need a non-conforming lot letter and need to apply for a variance. The owner’s representative, submitted a plumbing affidavit. Christopher stated that he spoke to the owner’s representative on November 3, 2017, he said that they were still applying for a variance. No applications for a variance have been submitted to date. He said the permits expired on November 14, 2017. Staff is recommending a fine of $100.00 per day, not to exceed $2,500.00, to begin on December 21, 2017. The respondent’s representative, gave his name and mailing address for the record. He stated that the last time that he appeared before the code enforcement board, that the property owners ordered a non-conforming lot letter from an attorney. He stated that it has now been over thirty days and that the letter is no longer valid. He said that they reordered the letter again and due to financial hardship, they couldn’t afford the letter a month ago. The representative stated that he contacted the attorney and that the letter will be ready on Monday. He said that they will then apply for the variance.


Third Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be

scheduled for the March 21, 2018 hearing for Violating Volusia County Code of

Ordinances, Chapter 22-2 Sections 105.1 and 109.3. After Member Wild SECONDED

the motion, it CARRIED unanimously by voice vote.

November 15, 2017

CEB2017090-MATUCHEK WILLIAM Served Complaint No. 20170117004

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s) Property Location: 114 Cedar St, Edgewater 32141

Parcel No. 853812000890 Zoning: MH-5W

Zoning Compliance Officer - Debbie Zechnowitz Property owner was first notified of the violation on Jan 18, 2017 *Order of Non-Compliance issued at the September 20, 2017 hearing: *1st Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. Contact was made with the respondent, upon receipt of the Order of Non-Compliance; he denied that his roof was damaged. The respondent initially, would not allow staff onto the property. Building Investigator, Frank Godawa was allowed by the property owner, to go onto the property. He inspected the roof and determined that it did not need the type of repair that required a permit. Chris stated that staff is requesting that the board set aside the original Order of Non-Compliance. The board asked if the Order of Non-Compliance was issued by the board due to improper testimony. Chris stated that it was proper, based on the knowledge that staff had at the time. Mike Nelson, Building and Zoning Director gave additional case information on the condition of the roof and the property. Mike stated that because staff wasn’t allowed proper access to the property to verify anything, the case went before the board. Chair Rudolph asked if based on new testimony, the board would make a motion to set aside the original Order of Non-Compliance. Assistant County Attorney, Russ Brown, asked Board Attorney, Charles Cino, if procedurally it should be a dismissal of the previous Order of Non-Compliance or a rescission, not a set aside. Charles stated that a dismissal would be the cleaner way to handle it.

Based on the evidence and testimony provided, Member Wild MOVED to Dismiss the

Violation. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

November 15, 2017

CEB2017101-OCCHIOGROSSO VINCENT & KRISTIN Served Complaint No. 20161114022

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Expired permit #20050422056 210sf addition) (Expired permit #20040721052 detached garage) Property Location: 409 Palm Av, Ormond Beach 32174


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Dec 06, 2016 *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the August 16, 2017 hearing: *3rd Amended Order of Non-Compliance issued at the September 20, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. This case has changed since yesterday afternoon; permits have been applied for. The permit applications expire on May 13, 2018. Staff is requesting a fourth amended order of non-compliance with a hearing to impose fine set for January 17, 2018. Member Zahn gave information on behalf of the respondent. He said that he emailed the property owner and explained that he needed to come to the office and apply for permits. Mr. Occhiogrosso e-mailed Member Zahn at 7:53 am on November 14, 2017, explaining that he had gone into the office and applied for the permits. Pete Zahn did not vote however, the outcome of the vote did not change, because there was a quorum and the vote was unanimous.


Fourth Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be

scheduled for the January 17, 2018 hearing for Violating Volusia County Code of

Ordinances, Chapter 22-2, Sections 105.1 and 109.3. After Member Smith SECONDED


November 15, 2017

CEB2017113-MELTON BRITTANY Served Complaint No. 20160426013

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 1509 Primrose Ln, Daytona Beach 32117


Zoning Compliance Coordinator – Tammy Proulx Property owner was first notified of the violation on Apr 29, 2016 *Order of Non-Compliance issued at the July 19, 2017 hearing: *1st Amended Order of Non-Compliance issued at the August 16, 2017 hearing: *2nd Amended Order of Non-Compliance issued at the September 20, 2017 hearing: *3rd Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case. An electrical affidavit was submitted, per order of the board, but there has been no further contact with the property owner. Staff is requesting a fine of $50.00 per day, not to exceed $8,300.00 to begin on December 21, 2017. After discussion and based on the testimony and evidence presented, Member Lingenfelter


with a cap of $8,300.00 to begin on December 21, 2017. After Member Zahn



Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1636 Valencia Av, Daytona Beach 32117


Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Jan 12, 2017 *Order of Non-Compliance issued at the July 19, 2017 hearing: *1st Amended Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case. Tammy said that she spoke with Mr. Shain on Monday; he stated that he has one more wood pile left to move. Tammy said that she thought that there were 2 or 3 tires left as well.

November 15, 2017

Staff is recommending a second amended order of non-compliance with a hearing to impose fine set for December 20, 2017.


Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be

scheduled for the December 20, 2017 hearing for Violating Volusia County Code of

Ordinances, Chapter 72, Article II Division 7 Section 72-241. After Member Wild


CEB2017182-GRAVER DEBORAH PAIGE Served Complaint No. 20170512019

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287 Living in RV or RV connected to water, sewer or electric lines, where not permitted Property Location: 2385 Tomoka Farms Rd, Port Orange 32128

Parcel No. 622201000300 Zoning: RA

Zoning Compliance Officer - Michael Mazzola Property owner was first notified of the violation on May 15, 2017 *Order of Non-Compliance issued at the September 20, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Michael Mazzola, Compliance Officer, presented the case. Michael showed the board his pictures; he indicated that the RV is still connected to water, sewer and electric. He stated that there have been no changes made to the property, since he took the pictures. On November 14, 2017, Michael spoke to Mrs. Graver’s daughter, Ms. Clark and she stated that she would move it as soon as possible. Ms. Clark asked Michael for an extension and also e-mailed him on November 14, 2017, asking for more time. Staff is requesting a fine of $50.00 per day, not to exceed $14,000 to begin on November 16, 2017. Member Zahn asked if there were any health/sanitary issues. He also asked if there was water service. Mike Nelson, Building and Zoning Director, stated that at the last meeting there was testimony that the portable toilet was being pumped out regularly by a septic company. The board discussed extending the start date for the fine, as long there was no danger in doing so. After discussion and based on the testimony and evidence presented, Member Zahn




November 15, 2017

CEB2017186-NIENBURG BARBARA EST & MARVIN GEORGE

Posted Complaint No. 20170119008

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1707 Avenue B, Ormond Beach 32174


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on March 27, 2017 *Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. The site and conditions remain unchanged. Staff is requesting a fine of $25.00 per day, not to exceed $1,750.00 to begin on December 21, 2017. The board asked if there had been any contact with the property owner. Margaret said that there had been contact a few months ago, but none since. After discussion and based on the testimony and evidence presented, Member Zahn




CEB2017196-PAYNE GASTON C & SHARON A Served Complaint No. 20151201035

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 281 W Davis St, Deleon Springs 32130


Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on June 15, 2017

*Order of Non-Compliance issued at the September 20, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. Christopher said that the front yard has been cleaned up a little, however little to no, progress has been made in cleaning up the backyard. The owner attempted to clean up

November 15, 2017

the yard with a garage sale, where everything was free, but the effort was not very successful. Staff recommends a fine of $50 per day per case, not to exceed $3,750.00 per case, to begin on December 21, 2017. The board asked Christopher to explain his pictures. After discussion and based on the testimony and evidence presented, Member Zahn




CEB2017197-PAYNE GASTON C & SHARON A Served Complaint No. 20151201036

Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 281 W Davis St, Deleon Springs 32130


Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on June 15, 2017 *Order of Non-Compliance issued at the September 20, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. After discussion and based on the testimony and evidence presented, Member Zahn




CEB2017198-LIVELY MARIA JO & ANGELA S Served Complaint No. 20170227044

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (New mobile home) Property Location: 300 Uranus Tr, Osteen 32764

Parcel No. 921700000032 Zoning: ORE

Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Mar 07, 2017

November 15, 2017

*Order of Non-Compliance issued at the September 20, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. This case is regarding two mobile homes on the same parcel of land, one without any record of permits and inspection approvals and the other that is to be removed. There has been no application for a permit submitted. Staff is requesting a fine of $50.00 per day, not to exceed $11,600.00 to begin on December 20, 2017. Chris added that Beverly Abrahamson, Building Compliance Officer, told him that one of the mobile homes has been removed from the property. Member Lingenfelter asked if the older mobile home, was the one that was removed. Chris stated that it was the older single-wide that had been removed. Lewis Lively gave his name and mailing address for the record. He stated that he is Maria’s father and Angela’s husband. He spoke on behalf of the respondent. He said that the day before, he had to call a new home mover out. He said that the ones that originally moved the mobile home in, would not call him back. Mr. Lively said that they will be submitting the information today, for the permit. He stated that they are going to begin working on it today. Mr. Lively said that the electrician came out a week before and will be pulling the electric permit. A permit will also be pulled for the plumbing. He said that the permits will be applied for this week. Member Lingenfelter asked if the mobile home is being lived in; Mr. Lively said that it is. Chair Rudolph asked if there were any life/safety concerns. Chris stated that there are no life/safety issues from staff. Member Lingenfelter asked if there were stairs at both doors. Mr. Lively said no; he said that he has a set of stairs coming for the back, on that day.


First Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be


Ordinances, Chapter 22-2, Sections 105.1 and 109.3. After Member Wild SECONDED


November 15, 2017

CEB2017204-TOSSI CRAIG Posted Complaint No. 20170511039

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Expired permit #20070618054) Property Location: 1350 Marsh Fern Rd, Mims 32754

Parcel No. 032101050020 Zoning: FR

Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 15, 2017 *Order of Non-Compliance issued at the September 20, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. The permit expired on March 19, 2017. Since there have been new building code requirements, a new permit will be required, along with new plans and drawings. Staff is requesting a first amended order of non-compliance with a hearing to impose fine set for January 17, 2018. The respondent gave his name and mailing address for the record. Mr. Tossi stated that he’s been in touch with the original engineer; the engineer said that he would take the project on. Mr. Tossi said that the engineer has to send someone to the house to see what needs to be redrawn. He stated that the engineer hasn’t done it yet. Mr. Tossi said that he called the week before, and that the engineer said that he was busy. The engineer said he would be calling in the next couple weeks. The board discussed the time that they could give and suggested ways that Mr. Tossi could convey a sense of urgency to the engineer. Mr. Tossi said that he planned on going to the engineer’s office in Orange City personally, to hopefully expedite the process. The board suggested that Mr. Tossi do everything that he can to move the process along, and at the very least attend the January 17, 2018, Code Enforcement Board hearing.

Based on the evidence and testimony provided, Member Wild MOVED to issue an First

Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be


Ordinances, Chapter 22-2, Sections 105.1 and 109.3. After Member Lingenfelter


November 15, 2017

CEB2017219-BONANZA JOSEPH M JR Posted Complaint No. 20170511043

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Expired permit #20121105028) Property Location: 847 S Sr 415, New Smyrna Beach 32168


Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on June 5, 2017 *Order of Non-Compliance issued at the September 20, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. The permit expired on February 2, 2017. Since there has been new building code changes, a new permit, along with undated plans and drawings will be required. Beverly has been in contact with the property owner and he has been working to resolve the problem. Staff is requesting a first amended order of non-compliance with a hearing to impose fine set for January 17, 2018. Chris clarified to the board what portion of the building was built and half-built. Chris explained what the property owners needed to do, to bring the property into compliance.

Based on the evidence and testimony provided, Member Wild MOVED to issue an First

Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be


Ordinances, Chapter 22-2, Sections 105.1 and 109.3. After Member Zahn SECONDED


CEB2017224-KELLY MARIAN G Served Complaint No. 20170615005

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s) Property Location: 57 Carol Rd, Suite B, Ormond Beach 32176


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Aug 18, 2017 *Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien

November 15, 2017

The respondent was present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. There have been no permit applications to date; the site and conditions remain the same. Staff is requesting a fine of $50.00 per day, not to exceed $14,000.00 to begin on December 21, 2017. Margaret said that she did receive a call from Ms. Kelly, the week before. Margaret advised her to attend the Code Enforcement Board hearing a state her case. The respondent gave her name and mailing address for the record. Ms. Kelly said that she was taking care of her sick mother. She said that she hired a friend of her sister’s to come out and take care of the grass. She stated that she found out in August, that he didn’t do it. Ms. Kelly stated that she found out that she had stage 2 breast cancer and consequently, went to New York for medical care. She returned on October 30th and visited the property on November 1, 2017. She stated that she found the house in a disgraceful condition. She said that she mowed the lawn on the November 2, 2017 and called WLK Roofing on the same day. WLK informed her that they were behind due to hurricane Irma, but they would be out on the 6th or 7th at the latest to give an estimate. On the 9th she called them because she hadn’t heard from them. Ms. Kelly said that they came out on the 13th and gave her an estimate for the roof and soffits. She stated that after the hearing she is going to give WLK Roofing her deposit and sign her paperwork for it. She said she will be mowing the lawn; she bought a lawnmower. Chair Rudolph asked if anyone is living in the home. Ms. Kelly said she is not living in it, as she is settling her mother’s estate. The board discussed with Ms. Kelly, whether or not the home had power. She explained what happened to the meter during the storm. Mike Nelson, Building and Zoning Director, suggested that staff give Ms. Kelly more time than the recommendation suggested. Chair Rudolph asked if rain was getting in the house. Ms. Kelly said she didn’t not know, as she had not been in the house. The board suggested that she have the roof tarped, to prevent water damage on the inside of the home. Ms. Kelly said that when everything is taken care of with the house, that it will be put up for sale. The board discussed a time limit on the case. Mike Nelson, suggested 6 months. Margaret agreed with the time suggested.

Based on the evidence and testimony provided, Member Zahn MOVED to issue an First

Amended Order of Non-Compliance with a compliance date of June 10, 2018 and a

Hearing to Impose Fine/Lien to be scheduled for the June 20, 2018 for Violating

Volusia County Code of Ordinances, Chapter 58, Article I Section 58-3. After Member

Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote.

November 15, 2017

CEB2017240-SCHONBRUN HARVEY TR ROY MICHAEL Served Complaint No. 20170705036

Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 1224 Avenue E, Ormond Beach 32174


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Jul 07, 2017 *Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. Margaret received a call from the manager of the trust; he stated that the property had been sold. Research showed that it was sold on September 21, 2017 and a certificate of title was filed on October 10, 2017. The conditions on the site remain the same. Staff is requesting a first amended order of non-compliance, with a hearing to impose fine set for December 20, 2017, to give the new owner time to address the violation. Margaret explained the details of the sale to the board.



scheduled for the December 20, 2017 for Violating Volusia County Code of

Ordinances, Chapter 118, Article II Section 118.34. After Member Smith SECONDED


CEB2017247-OGEA MYLES & ELIZABETH Posted Complaint No. 20170713013

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Remodel/renovation) Property Location: 7 Hillside Dr, New Smyrna Beach 32169

Parcel No. 743503030270 Zoning: R-4W

Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Aug 07, 2017 *Order of Non-Compliance issued at the October 18, 2017 hearing:

Hearing to Impose Fine/Lien The respondent was not present for the hearing.

November 15, 2017

Chris Hutchison, Code Administration Manager, presented the case. A permit application was submitted on September 20, 2017, and is in plans review at this time; it is awaiting additional information that was requested by the plans examiner on October 11, 2017. The contractor of record, has been communicating with Beverly on a regular basis and is working toward submitting all information by the end of November. He would like to begin work right after that and complete the work in two months. Staff is requesting a first amended order of non-compliance with a hearing to impose fine set for January 17, 2018.




Ordinances, Chapter 22-2, Sections 105.1 and 109.3. After Member Wild SECONDED


CEB2017249-MOODY RICHARD J Served Complaint No. 20170705003

Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA, CHAPTER 22, ARTICLE X, SECTION 22-706 Posting of assigned building address numbers. Property Location: 3074 Ocean Shore Blvd, Ormond Beach 32176 Parcel No. 322101000460 Zoning: R-6


Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. The site and conditions remain unchanged. Staff is requesting a first amended order of non-compliance with a hearing to impose fine set for December 20, 2017; as this property was sold and staff needs to notify the new property owners.



scheduled for the December 20, 2017 hearing for Violating Volusia County Code of

Ordinances, Chapter 22, Article X Section 22-706. After Member Zahn SECONDED the

motion, it CARRIED unanimously by voice vote.

November 15, 2017

CEB2017251-MOODY RICHARD J TR ET AL Served Complaint No. 20170705009

Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA, CHAPTER 22, ARTICLE X, SECTION 22-706 Posting of assigned building address numbers. Property Location: 3076 Ocean Shore Blvd, Ormond Beach 32176



Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. This property has not been sold and the conditions on the property remain the same. Staff is requesting a onetime fine of $250.00. After discussion and based on the testimony and evidence presented, Member Lingenfelter

MOVED to issue a Final Order Imposing Fine/Lien with a onetime fine of $250.00.

After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

X. Hearings and Presentation of Filed Notices of Violations

CEB2017039-KULL ALLEN D & DEBORAH D Posted Complaint No. 20160628006

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Permit #20130419008 for the electrical installation expired 1-14-14 and Permit #20160722032 for the windows expired 10-14-17) Property Location: 1501 Old Kings Rd, Daytona Beach 32117


Compliance Officer – Margaret Godfrey Property owner was first notified of the violation on Jul 01, 2016

The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. On June 28, 2016, Building Inspector, Frank Godowa saw that there had been window change-outs and possible door change-outs that had been done without permits. While researching the property, Frank found an expired electrical permit. The expired electrical permit was to increase the amps in the panel from 100 to 200; it expired January 14, 2014.

November 15, 2017

On July 1, 2016, a certified notice of violation was received. On July 22, 2016, a permit application was received for the windows and doors. On July 26, 2016, a request for additional information was sent and not received; the application expired on January 28, 2017. On March 31, 2017, the property was posted with the Notice of Hearing. On April 17, 2017, a permit was issued for the windows; it expired October 14, 2017. The expired electrical permit was not addressed and there has been no further activity regarding the windows. Staff is requesting a finding of non-compliance with a compliance date of December 15, 2017 and a hearing to impose fine/lien set for December 20, 2017.

Based on the evidence and testimony provided, Member Zahn MOVED to issue an Order

of Non-Compliance with a compliance date of December 15, 2017 and a Hearing to

Impose Fine/Lien to be scheduled for the December 20, 2017 hearing for Violating

Volusia County Code of Ordinances, Chapter 22-2 Sections 105.1 and 109.3. After

Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote.

CEB2017042-PUJOL RALPH E & RICHARD V Served Complaint No. 20160921011

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 411 Ponce Deleon Blvd, Deleon Springs 32130


Building Compliance Officer – Christopher R Hooper Property owner was first notified of the violation on Mar 08, 2017

This case was CONTINUED to the June 20, 2018 hearing.

CEB2017140-PULLIAM CATHY H Posted Complaint No. 20170328065

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 2880 John Anderson Dr, Ormond Beach 32176


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on March 28, 2017

The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. On March 28, 2017, and inspection revealed that the interior of the house had been

November 15, 2017

completely gutted with concrete block stacks on the north side of the house. There was also a blue tarp on the roof in the back. A stop work was posted, along with a notice of violation. On April 13, 2017, a permit was issued for a temporary power pole. On May 4, 2017, a notice of violation was returned unclaimed, but the property had been posted. On June 16, 2017, a notice of hearing was returned unclaimed. On June 19, 2017, the property was posted with the notice of hearing. There have been no applications for permits to date and the site and conditions remain the same. Staff is requesting a finding of non-compliance with a compliance date of December 15, 2017 and a hearing to impose fine set for December 20, 2017.


Order of Non-Compliance with a compliance date of December 15, 2017 and a

Hearing to Impose Fine/Lien to be scheduled for the December 20, 2017 hearing for

Violating Volusia County Code of Ordinances, Chapter 22-2 Sections 105.1 and

109.3. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

CEB2017199-SERRA RONALD F & SHARON M Served Complaint No. 20170511028

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Expired permit #20011114019 Property Location: 1761 Mitchell Ct, Port Orange 32128

Parcel No. 633001002220 Zoning: PUD

Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 15, 2017

The board CONTINUED this case to the December 20, 2017 hearing.

CEB2017208-BRADBURY PATRICK J & MARIE S TR Served Complaint No. 20161103029

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). Walkway/deck built without permits Property Location: 2278 John Anderson Dr, Ormond Beach 32176


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Nov 07, 2016

The respondent was not present for the hearing.

November 15, 2017

Margaret Godfrey, Compliance Officer, presented the case. On November 2, 2016, staff received a phone call from Brenda Borgiet, Environmental, who had pictures of a deck along the north side of the property and a lower wood deck next to the patio. Mr. Bradbury had told Mark Jones, Building and Zoning Inspector at the time that he had only built a stone patio. On November 3, 2016, a site visit confirmed the walkway and deck that was built without permits. On November 7, 2016, a certified notice of violation was received. On November 10, 2016, staff received a call from Mr. Bradbury; it was explained to him, what was needed. Mr. Bradbury stated that he had met with Brenda Borgiet and that he had called Scott Ashley, Planning Manager. There have been no permit applications to date, and the site and conditions remain the same. There is a wetlands permit that has to be dealt with, before any of the building issues can be taken care of. Staff is requesting an order of non-compliance with a compliance date of March 16, 2018 and a hearing to impose fine set for March 21, 2018. Pete Zahn, the engineer, gave information on behalf of the property owner. Member Zahn stated that the deck is a problem that can be easily addressed; we just need to create the plans. He said that the primary issue is the wetland issue. Member Zahn said that he is going to have a meeting with Brenda Borgiet and Scott Ashley to address the wetland issue. He said when that gets resolved, it would then be possible to get a permit. He stated that he believes it is within the buffer area. He said the timeframe gives him time to address those issues. Pete Zahn did not vote however, the outcome of the vote did not change, because there was a quorum and the vote was unanimous.

Based on the evidence and testimony provided, Member Wild MOVED to issue an Order

of Non-Compliance with a compliance date of March 16, 2018 and a Hearing to

Impose Fine/Lien to be scheduled for the March 21, 2018 hearing for Violating

Volusia County Code of Ordinances, Chapter 22-2 Sections 105.1 and 109.3. After

Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote.

CEB2017214-LONAGA FLORIDA LLC Posted

OWNER OF MAKAI BEACH LODGE Complaint No. 20170503093

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE III DIVISION 12 SECTION 72-924 Description: Lights illuminating and/or visible from the beach during sea turtle nesting season from May 1st through October 31st. Property Location: 707 S Atlantic Av, Suite 110UT, Ormond Beach 32176

Parcel No. 422316010050 Zoning: 999

Sea Turtle Lighting Inspector - Christina Phillips Property owner was first notified of the violation on May 8, 2017

November 15, 2017

The respondent was not present for the hearing. Christina Philips, Sea Turtle Lighting Inspector, presented the case. The violation is for having light sources visible from the beach. Christina used her pictures to show the board the location of the Makai Beach Lodge and the brightness of the lights from the beach. She said that the second violation is three wall and ceiling mounted fixtures in the southwest hallways, which are visible from the beach. The third violation is for four wall mounted fixtures on the eastside of the west building, which are visible from the beach through the breezeway. On May 2, 2017, staff conducted an inspection and violations were observed. On May 5, 2017, staff left a message for the manager; there was no response. On May 8, 2017, the certified notice of violation was sent. On May 11, 2017, Steve, the new manager, called and said that he believed he corrected some of the violations. On July 19, 2017, a second inspection was conducted. It was observed that several of the violations were corrected, however some still remained. On July 28th a notice of hearing and notice of violation was sent. On August 30th the third inspection was conducted, several violations remained. The case was continued and the property was posted to ensure proper notice was given. On October 24, 2017, the fourth inspection was conducted; the violations remained. On November 7, 2017, Alex the owner, called to discuss the letter that he received. He said that he would like to set up a meeting with maintenance to resolve this for next year. On November 14, 2017, staff met with Roy, the maintenance man and possible solutions to the violations were discussed. Violations have been observed at this location in 2011, 2012, 2015, 2016 and 2017. Staff is requesting a finding of non-compliance of the sea turtle lighting ordinance, with a onetime fine of $1,000.00. The board asked if there had been any known disorientations. Christina said not this year and not in the direct vicinity. The board asked what would be done to ensure that compliance was achieved, short of meeting with the property owner. Christina said that the maintenance man, was very receptive to her suggestions and that he wanted to meet with her, to ensure that he had corrected the lighting that was in violation. Member Zahn discussed with Christina what the fine would accomplish and what its purpose is. The original motion asked for a onetime fine of $500.00. After discussion the motion was amended to a $1,000.00 fine. After discussion and based on the testimony and evidence presented, Member Wild

MOVED to issue a Final Order Imposing Fine/Lien with a onetime fine of $1,000.00.

After Member Runge SECONDED the motion, it CARRIED unanimously by voice vote.

November 15, 2017

CEB2017258-HOOKER ELIZABETH M Served Complaint No. 20170620053

Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s). Roof Property Location: 10 Seabreeze Dr, Ormond Beach 32176


Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Sep 15, 2017

The respondent was present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. On May 30, 2017, staff received a complaint about a roof covered with a tarp. On June 20, 2017, a site inspection confirmed the site and conditions. On July 17, 2017, the notice of violation was returned unclaimed. On August 7, 2017, Margaret hand-delivered the violation to Ms. Hooker. Margret spoke with Ms. Hooker about the roof; Ms. Hooker explained that she didn’t think that she was going to have it repaired. She stated that she was going to have the house torn down. On September 15, 2017, the notice of hearing was received and signed for by Ms. Hooker. There has been no further contact with the respondent and the site and conditions, remain the same. Staff is requesting a finding of non-compliance with a compliance date of December 15, 2017 and a hearing to impose fine set for December 20, 2017. The respondent gave her name and mailing address for the record. She said that she has a new tarp and that the situation has been going on since 2013. She said that she wants to rebuild on the property, because she really likes the location. She stated that she was now on contractor number 5 and that she thinks that progress is being made. She said that she has to reduce the size of what she would like to build, because of the things that she’s had to replace. She said that, due to all of the items that she’s had to replace, that it’s time to get rid of the house. The board clarified that Ms. Hooker is planning to have the house demolished. The board asked if the plans that Ms. Hooker had with her, were for the new house. She said that they were, but that they had to be reduced in size. The board asked if Ms. Hooker’s contractor was working toward getting demolition permits. She said that they wanted to get a plan first. The board asked if she was living there now. She said that she was, without water. Member Lingenfelter asked if the tarp cured the violation. Margaret said that the roof still needs to be replaced. She said that the tarp doesn’t prevent water from coming in.

November 15, 2017

The board asked when Ms. Hooker would be able to have the property demolished. She said that she was hoping that it would be done in six months. She stated that she also needs a variance as the lot is a non-conforming lot. Member Zahn said that she could save herself money if she stayed within the shell and did a complete remodel. Ms. Hooker stated that she wanted the house demolished and then rebuilt.


Order of Non-Compliance with a compliance date of January 10, 2018 and a Hearing

to Impose Fine/Lien to be scheduled for the January 17, 2018 hearing for Violating

Volusia County Code of Ordinances, Chapter 58 Article I Section 58-3. After Member

Wild SECONDED the motion, it CARRIED unanimously by voice vote.

CEB2017262-RAJZYNGER PATRICIA Posted Complaint No. 20170920045

Violation of ORDINANCE: Code OF Ordinance-County Of Volusia Chapter 58, Health & Sanitation SEC. 58-36: Violations And Declaration Of Nuisance. Article II Grass/weeds in excess of 12 inches, yard trash, rubble, debris, and/or waste Property Location: 243 E Plymouth Av, Deland 32724

Parcel No. 700425000050 Zoning: R-6A

Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on September 20, 2017

The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. Christopher said that he received the initial complaint on June 27, 2017. The certified notice of violation was not signed for. He posted the notice of violation on the property on July 12, 2017. The notice of hearing was not signed for. Christopher posted the notice of hearing on the property on October 3, 2017. The county vendor mowed the property on August 24, 2017. He could not gain access to the backyard, due to a padlock and gate. Staff recommends a finding of non-compliance with a compliance date of December 15, 2017 and a hearing to impose fine set for December 20, 2017. Christopher explained his pictures to the board. Harry Smith, neighbor, gave his name and mailing address for the record. Mr. Smith said that he and his neighbors, have been dealing with this problem for years. Mr. Smith said that the fining mechanism that the county uses to promote compliance, is not working. He stated that there have been cars removed from the property, which the neighbors have had to look at for years. He also said that there is a boat on the property, with no registration that has not been moved. He said that that when Patricia died, her son turned the place into an automobile junkyard. Mr. Smith said that there are still various automobile parts in

November 15, 2017

the backyard, which the vegetation has grown around. He said that feral cats, raccoons, opossums, snakes and rats come into the neighbor’s yards from the property. He said that fines don’t penalize dead people and fines don’t penalize banks. He said that no one owns the house, and that it doesn’t matter if a $10,000.00 lien is put on the house today; it’s still not going to help us. He said that he came in for some relief. The board asked if anyone was living in the house. Mr. Smith said that the house is vacant. He said that Chris, the son of Patricia, occasionally comes by and checks on things. He said that Chris, voluntarily took half a dozen cars off the property. He said that Chris said that he would come back for the boat, but he has not returned. The board asked Mike Nelson, Building and Zoning Director, how long it would take to demolish the structure. Mike stated that the building would have to be an unsafe dilapidated structure not an unmaintained one to be demolished. He said that from what he sees, it’s just an unmaintained structure and that taxpayer funds cannot be used to demolish it. Member Zahn explained the importance of the fine, in relation to the possible sale of the house. The board talked about the fines that were on the property from other violations and if the property could be considered a repeat violation. Russ Brown, Assistant County Attorney, stated that he did not know that the property already had an active lien on it. He said that he was not sure if the property had gone through probate and that it sounded like ownership has not transferred to the son. He said that they will look at foreclosure if there is an active lien on it. The board asked what the maximum fine per day was. Board Attorney, Charles Cino, said that it is $250.00 per day. The Board Attorney and the Assistant County Attorney explained that in cases of health and safety, a lien could be placed on the property at the first hearing. They stated that for cases that do not present a risk to health or safety, those cases must have two hearings. Member Wild said that if there is rodents on the property, that it contains a health hazard. He asked for testimony, concerning the types of creatures that could be found on the property. Mr. Smith explained to the board again, what creatures could be found on the property.




November 15, 2017

Volusia County Code of Ordinances, Chapter 58 Section 58-36: Violations and

Declaration of Nuisance. Article II After Member Lingenfelter SECONDED the motion, it

CARRIED unanimously by voice vote.

CEB2017271-HOFFMAN ROBERT C **REPEAT VIOLATION**

Complaint No: 20170927002 Posted Vio la t ion o f CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7, SECTION 72-241 Business where not permitted. (Private club where not permitted.) Property Location: 925 N Us Hwy 17, Pierson 32180

Parcel No. 4701-01-00-1771 Zoning: A-1, RC

Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on May 17, 2017

The respondent was present for the hearing. Lawrence Walters, Attorney, gave his name and mailing address for the record. Mr. Walters asked for a continuance on the grounds that Mr. Hoffman understands the zoning issues involved with his case and the definition of a private club that the county is relying on. He said that Mr. Hoffman plans to sell the property and be done with it. Mr. Walters said that the property is in compliance; he said that the advertising has been removed from the internet and that the website has been taken down. Mr. Walters asked for the case to be continued for six months, so that the property can be sold. Member Zahn stated that because the case is for a repeat violation, that a fine will be assessed. He said that from what he has heard, the property is in compliance and that they could wait another month to hear it. He went on to say that it wouldn’t be to the detriment of the respondent, if the case was heard today. Mr. Walters asked for a moment to confer with his client, which the board allowed. Mr. Walters withdrew his request for a continuance. He stated that they will not contest the violation. Christopher Hooper, Compliance Officer, presented the case. This case came before the Code Enforcement Board on May 17, 2017; it was found in non-compliance. It was dismissed after the finding of non-compliance, as evidence was found that the property was in compliance, at the time of the hearing. A new complaint was received on September 27, 2017. The complainant stated that the owner was engaging in the same activities and that he was advertising online. Mr. Hoffman visited the office on October 18, 2017, to inform Christopher that all online

November 15, 2017

advertising had been taken down. Mr. Hoffman explained that he didn’t realize that the advertising was still up. When Christopher checked on October 18, 2017, the advertising that had been up in September, was no longer present. He checked again on November 2, 2017 and it was no longer present. The complainant explained that they had attempted to gain access to the club back in September, and they were greeted with a mandatory donation. Christopher said that’s what started the whole thing. Staff is recommending a onetime fine $500.00, payable within 30 days. The board asked Mr. Walters if he had any questions. Mr. Walters stated that his client was under the understanding that the original violation was based on the advertising of donations. He said that Mr. Hoffman removed any advertisement of donations and thought that he was in compliance. Mr. Walters said that his client now knows that the property cannot be used for any private club purposes, regardless of the nature of the advertising. Mr. Walters asked if the case could be dismissed or a nominal fine be the resolution. Mr. Walters explained to the board, that there will be no further events at the property and that it is for sale. After discussion and based on the testimony and evidence presented, Member Zahn

MOVED to find in violation of the repeat violation; but since the violation has been

addressed and is not to continue, that we assess the onetime fine of $200.00 payable

within 30 days and then Dismiss. After Member Lingenfelter SECONDED the motion, it

CARRIED unanimously by voice vote.

CEB2017300-MAGEE JOHN Posted Complaint No: 20170601002

Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7, SECTION 72-241 Junk yard where not permitted. Property Location: 9 Sandra Dr, Ormond Beach 32176

Parcel No. 3241-02-00-0490 Zoning: R-4

Zoning Compliance Officer – Margaret Godfrey Property owner was first notified of the violation on June 7, 2017

The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. On May 31, 2017, staff received a complaint about junk piled in the driveway. On June 1, 2017, an inspection confirmed the violation. On June 7, 2017, certified notice of violation was received. On that same day, Margret received a call from Mr. Magee stating that he was waiting for trash to be picked up. On June 30, 2017, Mr. Magee had cleaned the yard up. On October 17, 2017, staff received another complaint about trash

November 15, 2017

in the driveway again. An October 19, 2017, inspection confirmed that the junk was back and the property was referred to code board. Margaret received another call from Mr. Magee, who thought the whole thing had been taken care of because he had originally cleaned the property up. Margaret told him that she received more complaints because he brought back the stuff. Mr. Magee said that it was not the same stuff. A certified notice of hearing was mailed out on October 19, 2017. On October 31, 2017, the property was posted with a notice of hearing. The site and conditions remain the same and that the property has had a history of complaints since 2007. Staff is requesting a finding of non-compliance with a compliance date of December 15, 2017 and a hearing to impose fine set for December 20, 2017.




Volusia County Code of Ordinances, Chapter 72 Article II Division 7 Section 72-241.

After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote.

XI. Requests for Discussion of Accumulated Fines

CEB2010179- MORRIS, Bennie C. & Hallie Mae LABOY KENDRICK

Sheriff Posted Complaint No. 20090331959

Violation of Volusia County Code of Ordinances, Chapter 72, Article II, Division 7, Section 72-241R-4 for having a junkyard where not permitted at 209 Spruce Street in New Smyrna Beach.


Zoning Compliance Officer– Debbie Zechnowitz Property owner first advised of violation on November 11, 2010; *Order of Non-Compliance issued at the February 16, 2011, hearing; *Final Order Imposing Fine/Lien issued at the May18, 2011, hearing; *A Report & Affidavit of Compliance was submitted with a compliance date of March 27, 2013; *Order of Compliance issued at the April 17, 2013 hearing:

Request for Discussion of Fine/Lien $15,475.00

The respondent was present for the hearing. Chris Hutchison, Code Administration Manager, presented the case. The property was found in violation and was demolished. The county paid for the

November 15, 2017

demolition. The property is still in compliance. Mr. Laboy didn’t have any part in the violation, he is the new owner. Kendrick Laboy gave his name and mailing address for the record. Mr. Laboy stated that he purchased the property on October 3, 2017, on tax deed sale. He said that when he went in to pay for the property, that he came into the office to find out about the liens on the property. Mr. Laboy said on the same day, that he filled out the application to see if he could get the liens removed or reduced. He said that he found the lien for the demolition of the property and that he was there to see if he could get the liens reduced. The board asked if Mr. Laboy is the current owner. He stated that he was. Russ Brown, Assistant County Attorney, stated that the board does not have the authority to reduce the demolition lien, only the code enforcement liens. The board stated that they understood. The board mentioned that usually staff assists with a recommendation. Chris stated that staff recommends 10%. Member Wild asked Mr. Laboy, if prior to purchasing the property, was he aware of the liens on the property. Mr. Laboy said that he was not. Chair Rudolph stated that it is unusual for someone not to do the proper research, to find out if there are liens on the property and if so, how much prior to purchasing it. Chair Rudolph said but in your case that didn’t happen. Mr. Laboy said that was correct. Member Lingenfelter asked how long it took to demolish the property and bring it into compliance. He was told two years. The board discussed with Mr. Laboy the future of the property. The board discussed the severity of the violations. After discussion and based on the testimony and evidence presented, Member Zahn

MOVED to reduce the lien in the amout of $1,000.00 per case, payable within thirty

days or the fine reverts back to the original amount. After Member Lingenfelter


November 15, 2017

CEB2010181 – MORRIS, Bennie C. & Hallie Mae LABOY KENDRICK


Violation of Volusia County Code of Ordinances, Chapter 118, Article II, Section 118.34 for Vehicle that is inoperative and/or without current state license tag at 209 Spruce Street in New Smyrna Beach.


Zoning Compliance Officer – Debbie Zechnowitz *Property owner first advised of violation on November 11, 2010; *Order of Non-Compliance issued at the February 16, 2011, hearing; *Final Order Imposing Fine/Lien issued at the May18, 2011, hearing; *A Report & Affidavit of Compliance was submitted with a compliance date of March 27, 2013; *Order of Compliance issued at the April 17, 2013 hearing:


The respondent was present for the hearing. Chris Hutchison, Code Administration Manager, presented the case.

After discussion and based on the testimony and evidence presented, Member Zahn






Violation of Volusia County Code of Ordinances, Chapter 72, Article II, Division 8, Section 72-287 (C) for a trailer improperly parked at 209 Spruce Street in New Smyrna Beach.


Zoning Compliance Officer– Debbie Zechnowitz *Property owner first advised of violation on November 11, 2010; *Order of Non-Compliance issued at the February 16, 2011, hearing; *Final Order Imposing Fine/Lien issued at the May18, 2011, hearing; *A Report & Affidavit of Compliance was submitted with a compliance date of March 27, 2013; *Order of Compliance issued at the April 17, 2013 hearing:



November 15, 2017







Violation of Volusia County Code of Ordinances, Chapter 72, Article II, Division 8, Section 72-287(B) for maintaining a r/v, boat and/or trailer without current tags/validation sticker at 209 Spruce Street in New Smyrna Beach.


Zoning Compliance Officer – Debbie Zechnowitz) *Property owner first advised of violation on November 11, 2010; *Order of Non-Compliance issued at the February 16, 2011, hearing; *Final Order Imposing Fine/Lien issued at the May18, 2011, hearing; *A Report & Affidavit of Compliance was submitted with a compliance date of March 27, 2013; *Order of Compliance issued at the April 17, 2013 hearing:

Request for Discussion of Fine/Lien $15,475.00 The respondent was present for the hearing. Chris Hutchison, Code Administration Manager, presented the case.





CEB-2010184 – MORRIS, Bennie C. & Hallie Mae LABOY KENDRICK


Violation of Volusia County Code of Ordinances, Chapter 72, Article II, Division 8, Section 72-287(E) for parking a motor vehicle(s) on front yard, other than on driveway at 209 Spruce Street in New Smyrna Beach.


(Building and Zoning Compliance – Debbie Zechnowitz) *Property owner first advised of violation on November 11, 2010; *Order of Non-Compliance issued at the February 16, 2011, hearing; *Final Order Imposing Fine/Lien issued at the May18, 2011, hearing; *A Report & Affidavit of Compliance was submitted with a compliance date of March 27, 2013; *Order of Compliance issued at the April 17, 2013 hearing:

November 15, 2017







A. Tally Sheets (Quarterly)

B. As Entertained by Chairman

C. As Entertained by Board Attorney - Charles Cino brought up a previous discussion, about changing the hearing time for the Code Enforcement Board from 9:30 a.m. to 9:00 a.m. in January 2018. Member Lingenfelter stated that he didn’t think that we could; as many respondents had already received notices, which showed 9:30 a.m. as the hearing time. Mike Nelson, Building and Zoning Director, said that at the last meeting they just brought it up for discussion. He asked the board if they wanted to move the hearing to 9:00 a.m. He also asked them for a motion, if they decided to change the hearing time. He asked which hearing would be the first to start at the new time. Mike suggested, the March or April hearing, due to notice requirements. The board discussed whether or not anyone would have a conflict with an earlier meeting time. After some discussion they decided to change the meeting time to 9:00 a.m.

Member Lingenfelter MOVED to begin the Code Enforcement Board hearing at 9:00

a.m. beginning with the March 21, 2018 hearing and to begin all other Code

Enforcement Board hearings at that time, thereafter. After Member Wild SECONDED


November 15, 2017

D. As Entertained by Staff Attorney

E. As Entertained By Staff

* * * * *

ADJOURNMENT

There being no further business to discuss before the Board, the meeting adjourned

at 12:43 p.m.

Respectfully submitted,

____________________________

Meghan Lindsey

Code Enforcement Board Clerk

November 15, 2017

C E R T I F I C A T E

STATE OF FLORIDA:

COUNTY OF VOLUSIA:

I, Meghan Lindsey, Code Enforcement Board Clerk, do hereby certify that

the foregoing pages constitute a true and accurate transcript of the minutes of

the Volusia County Code Enforcement Board taken on ________________, at 123

West Indiana Avenue, Deland, Florida.

WITNESS MY HAND this______day of____________, 2017, in the City of

DeLand, County of Volusia, State of Florida.

______________________________

Meghan Lindsey

Code Enforcement Board Clerk

volusia county code enforcement board … · division 7 section 72-241 junk yard where not ... *a...

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