MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING DATE: APRIL 12, 2018

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1 MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING DATE: APRIL 12, 2018 Special Magistrate, J. Peyton Quarles, called the City of South Daytona s Special Magistrate Code Enforcement Hearing to Order at South Daytona s City Hall, City Council Chambers, 1672 South Ridgewood Avenue, South Daytona, Florida, at 9:00 a.m. to hear the following subjects and official business: SPECIAL MAGISTRATE: J. Peyton Quarles STAFF: John Dillard, Community Development Director Gary Hiatt, Chief Building Official Jeanne Willard, Public Information Officer Bret Steele, Code Compliance Officer John Malin, Rental Housing Inspector Rainey Hetznecker, Code Compliance Officer Patty Rippey, Recording Secretary I. Call to order II. Pledge of allegiance III. Oaths of the city official, respondents and witnesses IV. Approval of minutes for: OFFICIAL BUSINESS: V. CASES CONTINUED: VI. CASES PENDING ACTION: PATEL ATMARAM & MANGUBEN 78 SPINNAKER CIR, SOUTH DAYTONA FL VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13)b, Local business tax receipt prerequisites Comments: John Malin, Code Compliance Officer, presented case. He indicated that he had visited the property that morning and they are now in compliance. The Special Magistrate ordered the case dismissed MACCARO MICHAEL T 310 BELLEWOOD AV, SOUTH DAYTONA FL VIOLATION: Section: City of South Daytona Code of Ordinances (6), Minimum standards: Roofs, gutters and downspouts Comments: Damaged roof on property.

2 Bret Steele, Code Compliance Officer, presented the case. The Special Magistrate ordered that the property come into compliance by September 12, 2018 or a $ daily fine will be REILLY CHRISTINA & 511 BROOK CIR, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker 1. VIOLATION: Section: International Property Maintenance Code 304.2, Protective Treatment Comments: Paint missing under windows Rainy Hetznecker, Code Compliance Officer, presented the case and said that the property had come into compliance. The Special Magistrate ordered the case dismissed HUYNH VU T & 138 CORAL CIR, SOUTH DAYTONA FL Comments: Damaged roof on property. 2. VIOLATION: Section: International Property Maintenance Code 304.6, Exterior walls Comments: Damaged exterior wall. Bret Steele, Code Compliance Officer, presented the case and said that the property had come into compliance. The Special Magistrate ordered the case dismissed TEICH HOLDINGS GROUP LLC 548 CAMBRIDGE CIR, SOUTH DAYTONA FL VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13)a, Local business tax receipt prerequisites Comments: obtain business tax receipt for rental property. John Malin, Code Compliance Officer, presented the case. Owner requested to be heard. AndrewTeich, 7 Crossing Trail, Ormond Beach, Florida, owner of 548 Cambridge Circle, South Daytona, Florida asked for clarification if there is a need for a BTR for rental housing if the person living in the unit has ownership interest in the property. The owner is acting at the mortgage holder and the person living there is buying the home. The Special Magistrate read the contract that the owner gave to him and the contract indicates that the agreement provides for renter-leasee relationship and therefore a BTR is required. The Special Magistrate ordered that no fines be imposed and gave the defendant 30 days to address the compliance issue, i.e., obtain a BTR on or before May 10, If the issue is not corrected a fine of $ per day be assessed HINMAN ROY H II

3 729 BEVILLE RD, SOUTH DAYTONA FL Comments: Temporary tarp on roof John Malin, Code Compliance Officer, presented the case. The tarp was removed and they are currently in compliance, but the owners are asking if the tarp can be placed back on the roof. The roof has had work performed on it. Per the Special Magistrate, any new issues will have to be addressed with a new citation/case. The Special Magistrate ordered that this case be dismissed ZOSKE RONALD A & 135 REEF RD, SOUTH DAYTONA FL VIOLATION: Section: Florida Building Code 105.1, Permit Required Comments: No permit on file for additional dock lighting. 2. VIOLATION: Section: City of South Daytona Code of Ordinances 5-298(c), Floating Docks Comments: Floating dock placed in waterway. 3. VIOLATION: Section: City of South Daytona Code of Ordinances 5.6(L)(7), Glare Comments: Glare from dock lighting, visible from abutting property. Bret Steele, Code Compliance Officer, presented the case. Mr. Steele submitted multiple photographs and back up documentation. Mr. Dillard, Community Development Director, is requesting a site plan for all lighting. Staff recommends repeat fines imposed for non-compliance over the next five years. John Bogdanoff, attorney for the defendant, 1315 Osprey Nest Lane, Port Orange, Florida spoke on behalf of the homeowner. Ron Zoske, 135 Reef Road, South Daytona, Florida. Owner also spoke on his own behalf. John Dillard, Community Development Director, spoke to clarify the ongoing issues at this property. The City is first proposing to remove the offending light(s). If they have not been removed the City is requesting a fine be imposed as this has been an ongoing issue. Secondly, the floating dock was originally stored in a boathouse on the property and that is where it needs to be put back in the boathouse. It is not being used to repair the dock currently. Lighting on the side of the house can be aimed in any direction. A site plan for the whole yard with all lights with the wattage will provide the city with needed information. Mr. Zoske indicated that Gary Hiatt, Chief Building Official, has the documentation. Mr. Gary Hiatt, Chief Building Official, was sworn in, indicated that the paperwork was dropped off the previous afternoon at 4 pm. Kathy Cates, neighbor, 130 Reef Road. Indicated that the issues with Mr. Zoske are ongoing and that there is no permit for the lights. Also, the light that shines on her house is not shielded all the way around. She further described ongoing issues and her frustration.

4 The Special Magistrate continued the item for City staff to look into the matter further, specifically at nighttime. If any of the matters that are being heard today are still a violation, are repeat violations there will be a $ fine a day from that day forward. He gave Mr. Zoske 15 days to correct the floating dock (place in storage area) and glare/lighting issues. Kathy Cates, indicated that the floating dock is still in the water. Ms. Cates, questioned why Mr. Zoske gets another 15 days to obtain a permit for something that he did without a permit. Also, she inquired why the lighting issue is allowed to continue. Ron Zoske, spoke again disputing Ms. Cates. Chief Building Official, Gary Hiatt suggested that we move forward to address items to check if items are removed, if not, fine them; require shielded lights, if not shielded, fine them; if floating dock is not removed and put in storage, then fine them. The Special Magistrate disclosed that Mr. Zoske appeared before him in a very contentious divorce case many years ago. He stated that this will not affect his rulings in the case SILVER DOUGLAS RALPH & JANE E 2235 S PALMETTO AV, SOUTH DAYTONA FL VIOLATION: Section: Florida Building Code 105.1, Permit Required Comments: No permit on file for completed dock repair. Bret Steele, Code Compliance Officer, contacted the owner of the property and contractor and indicated that the work will be completed within a month. The owner is requesting an extension until September 12, 2018 to comply. The Special Magistrate ordered that the violations be corrected and the property owner bring the property into compliance by September 12, 2018, or a $ per day fine will be BAXTER LEE D 2544 ANASTASIA DR, SOUTH DAYTONA FL VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13)a, Local business tax receipt prerequisites Comments: obtain business tax receipt for rental property. John Malin, Code Compliance Officer, contacted the owner of the property and contractor and indicated that the work will be completed within a month. The owner is requesting an extension until September 12, 2018 to comply. The Special Magistrate ordered that the violations be corrected and the property owner bring the property into compliance by September 12, 2018, or a $ per day fine will be TARTAMELLA GIOVANNI 938 BOULDER DR, SOUTH DAYTONA FL 32119

5 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13)a, Local business tax receipt prerequisites Comments: Obtain Business Tax Receipt for rental property, $52.50 plus $29.55 delinquency penalties and $ penalty fee for a total of $ John Malin, Code Compliance Officer presented the case. No owner present. Staff recommends penalty fees for late BTR be paid if not corrected by April 27, The Special Magistrate ordered that the violations be corrected and the property owner bring the property into compliance by April 27, 2018, or a fine of $ and a fine of a $ per day fine will be imposed until item corrected. VII. CONSOLIDATED CASES: GROTENDORST GLEN & PAMELA 137 CORAL CIR, SOUTH DAYTONA FL Bret Steele, Code Compliance Officer, contacted the owner of the property and contractor and indicated that the work will be completed within a month. The owner is requesting an extension until September 12, 2018 to comply. The Special Magistrate ordered that the violations be corrected and the property owners bring the property into compliance by September 12, 2018, or a $ per day fine will be JUSTICE JERRY W & CAROLYN 2254 NOTTINGHAM RD, SOUTH DAYTONA FL Bret Steele, Code Compliance Officer, contacted the owner of the property and contractor and indicated that the work will be completed within a month. The owner is requesting an extension until September 12, 2018 to comply. The Special Magistrate ordered that the violations be corrected and the property owners bring the property into compliance by September 12, 2018, or a $ per day fine will be AIELLO BARRY J & TERRI LEE 509 VIOLET ST, SOUTH DAYTONA FL 32119

6 PRUITT BRENDA LEE 717 MARATHON WAY, SOUTH DAYTONA FL BLAKE VALERIE & 2152 EVERGREEN TER, SOUTH DAYTONA FL FOSS CHRISTOPHER STEPHAN 2050 ORIOLE LN, SOUTH DAYTONA FL KNORR JONATHAN M & 10 SPINNAKER CIR, SOUTH DAYTONA FL 32119

7 Code Officer: Rainey Hetznecker Comments: temporary tarp on damaged roof GARCIA VENUS L 2507 FLORIDA BLVD, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker be given until September 12, 2018 to come into compliance. Evelyn Rodriguez, representing her sister Garcia Venus, 2507 Florida Boulevard, South Daytona, Florida. She is currently out of town. She is working to get a grant to assist her. She only received $700 in social security benefit per month. She feels she may need more time than September 12, Mr. John Dillard, Community Development Director, recommended we keep all at the same compliance due dates for blue tarp roof cases and when it gets closer if there is a problem we can address it then. The Special Magistrate concurred and communicated that to Ms. Rodriguez. The Special Magistrate ordered that the property be brought into compliance by September 12, 2018 or a $ daily fine be GONZALEZ EDWIN 826 CAREY DR, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker Comments: Tarp on Roof be given until September 12, 2018 to come into compliance. Edwin Gonzalez, 826 Carey Drive, South Daytona, Florida retained a roofing contractor and provide a $6,000 deposit. They never completed the work and he has a case against them with the Better Business Bureau and other agencies. The Special Magistrate is sympathetic to his

8 situation. He ordered that the compliance date remain at September 12, If the issue has not been resolved by that time he will extend the time frame PIZZUTO GREGORY L 800 WELLS DR, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker Comments: Tarp on Roof GAURIGE JOAN 948 LONG SHADOW RD, SOUTH DAYTONA FL Comments: Temporary Tarp on damaged roof Joan Gaurige has been working with a Home Depot contractor. They have to tear part of the roof off that was put on the roof. The contractor is claiming they are not responsible. She is in the process of working this situation out with two insurance companies and Home Depot. The Special Magistrate is sympathetic to his situation. He will still keep the compliance date at September 12, If the issue has not been resolved by that time he will extend the time frame RACINE CHERYL 1670 EASTERN RD, SOUTH DAYTONA FL Comments: TARP ON ROOF

9 WOODARD KAREN T 1926 PAPAYA DR, SOUTH DAYTONA FL CREECH MICHAEL MARTIN THOMAS & 854 TEAGUE ST, SOUTH DAYTONA FL FINUCANE RICHARD K & CRISTY L 947 LONG SHADOW RD, SOUTH DAYTONA FL ADAMS DERICK A & SANDRA E 25 CHERRYWOOD CT, SOUTH DAYTONA FL 32119

10 VIII. IX. REPEAT VIOLATIONS: REQUEST FOR REDUCTION OF FINES: WHELAN BRIAN J 129 CORAL CIR, SOUTH DAYTONA FL VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: Damaged wood fence on property. 2. VIOLATION: Section: International Property Maintenance Code 304.7, Roofs and Comments: Tarp on structure roof. Bret Steele, Code Compliance Officer, presented the case and noted the owner is in attendance to request a reduction in fines. Brian Whelan, 129 Coral Circle spoke regarding the history of the case. He immediately secured the fence. The owner thought the secured fence was sufficient. He also is dealing with health issues in New Jersey. Bret Steele explained securing the fence did not correct the violation. The fence was dilapidated. The Special Magistrate indicated that he would reduce the fine to $750. Brian Whelan, owner states the repairs were done right away. He said Mr. Steele could not see the repairs were completed. The Special Magistrate reviewed history or case and noted the violations were supposed to be corrected by December 9, Bret Steele, stated that Mr. Whelan indicated that he only needed a month to fix the fence. Mr. Whelan stated it was impossible to get everything done within the original time frame. He has since addressed the violations. He has never had an issue with code enforcement before. This work just takes time. The fence was secured while he was working on the issues.

11 Discussion ensued further about the timing. The Special Magistrate indicated he has reduced the fine even more than what the City requested. Mr. Whelan continued discussion about securing the fence and how in other jurisdictions that was always sufficient. Mr. Whelan asked Bret Steele when the original citation was issued. He stated it was August 2017 because that is when he left for New Jersey. The Special Magistrate stated that someone should have said that December 9, 2017 was not enough time. Nobody at that time indicated such. Bret Steele noted that the violations were not completed until 38 days after December 9, Special Magistrate ordered the fine to be reduces to $ Mr. Whelan continued to discuss issue with Bret Steele and Special Magistrate RICHARD WILLIAM T 1087 N GREEN ACRES CIR, SOUTH DAYTONA FL Code Officer: John Cecil 1. VIOLATION: Section: International Property Maintenance Code 302.1, Sanitation Comments: junk litter and debris all over yard John Dillard, Community Development Director, presented the case. The property was sold in a tax sale. Proceeds from the sale were forwarded to the City totaling $6, After taking out outstanding unpaid utility bills and other fees, $5, went toward paying lien fines. The City proposes taking the original fine accumulation of $67,700 and reduce it by 90% to $6,770 plus $120 in fees for a total of $ This amount minus proceeds from the sale ($5,535.72) after outstanding utilities were paid, leaves a balance of $1, due to the City. Property owner, Dave Spearin, 2 Highridge Trail, Ormond Beach, Florida, disputes charges to him as a new owner since he did not cause any of the issues. The property has been brought into compliance. The owner stated that it was all about yard trash and grass. He asked that the Special Magistrate give consideration to him as the new owner and reduce the fine further. He doesn t understand punitive actions. John Dillard, clarified the property is in compliance. Special Magistrate ordered the fine be reduced to $1, and gave respondent until May 12, 2018 to pay the City that amount. X. COMMUNICATIONS AND PETITIONS: