A G E N D A CODE ENFORCEMENT BOARD

Transcription

1 *AMENDED* A G E N D A CODE ENFORCEMENT BOARD Wednesday, August 3, 2005, at 1:00 p.m. Palm Coast Community Center City Council Meeting Room 305 Palm Coast Parkway NE, Palm Coast, Florida 1. Call to Order and Pledge of Allegiance. 2. Roll Call and Determination of Quorum. 3. Approval of the July 6, 2005 Meeting Minutes. 4. Disclosure of Ex-Parte Communications. 5. Swearing-in of Staff. UPDATE OF PREVIOUS CASES: None CASES - THE CITY IS REQUESTING CONTINUANCE 6. CASE NO (Repeat) City of Palm Coast vs. Rafal & Krayszrofa Gaweska; H&W 2 Felwood Lane, Palm Coast, FL (Palm Coast Section Overgrown Conditions) 7. CASE NO City of Palm Coast vs. Ian & Christine L. Alesbrook; H&W 16 Federal Lane, Palm Coast, FL (Palm Coast Section Parking on the lawn) 8. CASE NO (Repeat) City of Palm Coast vs. Lisa Marie Rineer 111 Fort Caroline Lane, Palm Coast, FL (Palm Coast Code Section Boat Storage) 9. CASE NO City of Palm Coast vs. Salvador & Lvonne M. Camacho; W&H 35 Farmbrook Lane, Palm Coast, FL CASE NO City of Palm Coast vs. John & Joyce Fanelli-Life Estate 28 Foster Lane, Palm Coast, FL 32137

2 11. CASE No City of Palm Coast vs. John & Joyce Fanelli-Life Estate 28 Foster Lane, Palm Coast, FL (Palm Coast Code Section Utility Trailer Parking) 12. CASE No City of Palm Coast vs Igor & Yuliya Myasnikova; H&W 14 Felwood Lane, Palm Coast, FL (Palm Coast Section Overgrown Conditions) 13. CASE No City of Palm Coast vs. Rafael Gomez & Zunilda Bravo 76 Farragut Drive, Palm Coast, FL CASE NO (Repeat) City of Palm Coast vs. Armando & Leonor Gonzalez 51 Ulaturn Trail, Palm Coast, FL (Palm Coast Code Section Commercial Vehicle) 15. CASE NO (Repeat) City of Palm Coast vs. Lillian Herron 55 Forest Hill Drive, Palm Coast, FL (Palm Coast Code Section Litter (Unlicensed Vehicle)) PREVIOUS CASES ACTION REQUESTED: 16. CASE NO Request for Reduction in Fine Hearing City of Palm Coast vs. Select Properties & Management LLC 24 Forest Hill Drive, Palm Coast, FL Lea Payne present and sworn in. Mr. Payne testified that they had to evict the people living in the home they had children and it took a while to do that. They received the deed of the property the day after the lien was filed. Handed in paperwork stating when they took control over the property the day before the lien was recorded. Mr. Mulvihill asked what date they filed for eviction. Carlson asked if they have title insurance? No sir-mr. Payne. Mr. Groot clarified the question and answer. Mr. Payne is requesting the fine be reduced. Mr. Payne stated he is not sure what a reasonable fine amount would be he sincerely apologizes. Mr. Carlson suggested a continuance. Continued. 17. CASE NO Request for Reduction in Fine Hearing City of Palm Coast vs. Select Properties & Management LLC 24 Forest Hill Drive, Palm Coast, FL (Palm Coast Code Section Utility Trailer Parking) 2

3 18. CASE NO City of Palm Coast vs. Andre & Annetta Jarrell; H&W 23 Round Tree Drive, Palm Coast, Fl (Palm Coast Code Section No Permit) Code Enforcement Inspector Ken Arthur presented a photo into evidence and stated case history. Mr. Jarrell was present and reminded he was under oath. Mr. Jarrell can not get a permit for the pool. Mr. Carlson stated that City Counsel is his last chance to get a varience. Mr. Jarrell stated that he has not been able to go in front of the City counsel but he has ongoing court actions against defrauding him because the person may be in this room. Mr. Mulvihll questioned how long is this pool going to remain before it is taken care of or removed? Mr. Jarrell stated he was in a head on accident. Motion I move to find Respondent(s) in Case # in violation of City Code, Section and that Respondent(s) correct the violation before 1:00 p.m., (date). In the event the Respondent(s) does/do not comply with this Order, a fine in the amount of $.00 will be imposed for each and every day the violation continues past the aforestated date. The Respondent(s) is/are further ordered to contact the Code Enforcement Officer to verify compliance with this Order. Mr. Mulvihll questioned did you have a contract and did it state that the contractor get the permit? Mr. Jarrell stated yes. NEW CASES ACTION REQUESTED: 19. CASE NO City of Palm Coast vs. Jose M. Otero & Catherine E Colon; JTWROS 42 Boulder Rock Drive, Palm Coast, Fl (Palm Coast Code Section Inoperable Vehicle) Code Enforcement Inspector Ron Prislupski presented case history and photo for evidence. They are in compliance now. Mr. Otero was present and sworn in. He stated that he did clean every thing up and will make sure it doesn t happen any more. Mr. Klinkenberg questioned if he is repairing cars on his property. Mr. Mulvihill moved to find Respondent(s) in Case # was/were in violation of City Code, Section and failed to correct the violation by the time specified for correction by the Code Enforcement Officer; that the violation is now corrected; and that any violation of the same code by Respondent(s) shall be treated as a repeat violation as defined in F.S (5), for which a fine of up to $ per day may be imposed. Mr. Carlson seconded the motion. 3

4 20. CASE NO City of Palm Coast vs. Charles J. McLaughlin Jr. 19 Brittany Lane, Palm Coast, Fl (Palm Coast Code Section Property Maintenance) Code Enforcement Inspector Ron Prislupski presented photos and case history into evidence. It was noted for the record that the property owner was not present. The property is still in violation. No one lives there. Act Corporation mowed it before. The City will mow it and lien the house. Mr c 21. CASE NO & City of Palm Co st vs. Clem C Newman III 8 Red Mill Drive, Palm Coast, Fl (Palm Coast Code Section No Building Permit) (Palm Coast Code Section Nuisance affecting property value) Code Enforcement Inspector Ken Arthur presented photos and case history into evidence. The grass is being maintained now. There is a permit ready for pick up for Demolition. Clem Newman III and Michelle Newman are present and sworn in. It was arson it was the rentor that took a while for the investigation and to get the insurance check. They were told they could sell it the way it is. They needed to get an inspection. They did get a contractor to do the demolision. They will demolish the house the end of this week or next week. Earl Mack wolf construction is the contractor. Motion to dism Mulvihill motioned to order of non-compliance. 22. CASE NO City of Palm Coast vs. Conveyor 2 ½ Inc 46 Westgate Lane, Palm Coast, Fl (Palm Coast Code Section Lot Maintenance) Code Enforcement Inspector Ken Arthur presented photos and case history into evidence. It was noted for the record that the owner was not present. However there is a letter from the owner. Inspector Arthur testified that it is being maintained and is now in compliance. Michael Donovan read the letter into evidence. Mr. Carlson moved to find Respondent(s) in Case # was/were in violation of City Code, Section and failed to correct the violation by the time specified for correction by the Code Enforcement Officer; that the violation is now corrected; and that any violation of the same code by Respondent(s) shall be treated 4

5 as a repeat violation as defined in F.S (5), for which a fine of up to $ per day may be imposed. Mr. Fagerlund seconded the motion. 23. CASE NO City of Palm Coast vs Rita L. & Reffard E. Strafford 30 Farmbrook Lane, Palm Coast, Fl (Palm Coast Code Section Property Management) Code Enforcement Inspector Wayne Mikus presented case history and photos into evidence. It was noted for the record that the property owner was not present. Inspector Mikus stated that the property is still in violation. Mr. Mulvihill moved to find Respondent(s) in Case # in Violation of City Code, Section and that Respondent(s) correct the violation before 1:00 p.m., August 10, In the event the Respondent(s) does/do not comply with this Order, a fine in the amount of $ will be imposed for each and every day the violation continues past the aforestated date. The Respondent(s) is/are further ordered to contact the Code Enforcement Officer to verify compliance with this Order. 24. CASE NO City of Palm Coast vs. William C. Jr & Bonnie M Manning; H&W 44 Federal Lane, Palm Coast, Fl (Palm Coast Code Section Property Maintenance) Code Enforcement Inspector Wayne Mikus presented photos and case history into evidence. It was noted for the record that the owner was not present. However we do have a letter form the property owner. The property is still in violation in reference to the screen enclosure. Michael Donovan, Code Enforcement Supervisor read the letter into the record. Inspector Mikus testified that the screen on the enclosure is not corrected. 5

6 Mr. Fagerlund moved to find Respondent(s) in Case # in violation of City Code, Section and that Respondent(s) correct the violation before 1:00 p.m., August 15, In the event the Respondent(s) does/do not comply with this Order, a fine in the amount of $ will be imposed for each and every day the violation continues past the aforestated date. The Respondent(s) is/are further ordered to contact the Code Enforcement Officer to verify compliance with this Order. Ms. Gronning seconded the motion. 25. CASE NO City of Palm Coast vs. Lora D. Burns 17 Black Hawk Place, Palm Coast, Fl (Palm Coast Code Section Nuisance affecting property value) Code Enforcement Inspector Mike Mittleman Presented case history and photos into evidence. Lauren Burns was present and sworn in by counsel. Lauren Burns is the daughter of Lora Burns, She has guardianship over her mother. She is waiting on the sheriff and the State Fire Marshall before she can tear the house down. Mike Donovan has had contact with Ms. Burns we discussed doing a order for 90 days and they could come back in 60 days to give an update. Lonnie: this order could be used as the letter to the insurance company to get them to do some thing. UNFINISHED BUSINESS: 26. None to report. NEW BUSINESS: 27. None to report. ANNOUNCEMENT OF NEXT MEETING: 28. Next Code Board Meeting September 7, 2005 ADJOURNMENT In accordance with the American Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Heather Morrison, Code Board Clerk, Code Enforcement Division, at , at least 48 hours prior to the meeting, or visit Palm Coast City Hall, 2 Commerce Blvd., Palm Coast, Fl If you should decide to appeal any decision made by the Code Enforcement Board regarding any matter at this meeting, you will need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which should include the testimony and evidence upon which the appeal is based. The City of Palm Coast is not responsible for any mechanical failure of recording equipment. 6