MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING DATE: February 8, 2018

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1 MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING DATE: February 8, 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 Cecil, Code Compliance Officer/Rental Housing Insp. John Malin, Rental Housing Inspector Rainey Hetznecker, Code Compliance Officer Dan McGaha, Community Service Officer Heather Lill, Recording Secretary I. Call to order II. Pledge of allegiance III. Oaths of the city official, respondents and witnesses IV. Approval of minutes for: January 11, 2018 OFFICIAL BUSINESS: V. CASES CONTINUED: P & L CREECH INC 2960 S NOVA RD, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-11, Business Tax Receipt Comments: Operating a construction waste/ roll off dumpster business without obtaining a business tax receipt. Rainey Hetznecker, Code Compliance Officer, requested that the case be continued to the next Special Magistrate Hearing. Peyton Quarles, Special Magistrate, ordered the case continued to the next Special Magistrate Hearing, March 8, DANIEL E DUNIVANT & 960 ROOSTER RD, SOUTH DAYTONA FL 32119

2 Code Officer: John Cecil 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-11, Business Tax Receipt Comments: No current Business Tax Receipt for K-12 John Cecil, Code Compliance Officer, requested that the case be continued to the next Special Magistrate Hearing. Peyton Quarles ordered the case continued to the next Special Magistrate Hearing, March 8, KOSTIDAKIS PERRY & HELEN F 2330 S NOVA RD, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker 1. VIOLATION: Section: City of South Daytona Land Development Regulations 5.6(L) 6, Emission of odorous gases prohibited Comments: emission of odorous gases 2. VIOLATION: Section: City of South Daytona Code of Ordinances 16-11, Business Tax Receipt Comments: No Business Tax Receipt obtained which would require a Fire Inspection for furnace ovens which are in use causing a safety concern. John Dillard, Community Development Director, stated that the City has received letters from adjacent businesses complaining about the odor. Robin Deeter, RV Park Manager, 2430 South Nova Road, South Daytona, Florida, stated that she represents the property owner and that the odor is a nauseating, intolerable smell that stays all day. Walter Snell, Attorney, 436 North Peninsula Drive, Daytona Beach, Florida, stated that the letters that the City received all appear to be written by the same person in the same font. He noted that it is unlikely that the smell would affect the RV Park all day since the wind would dissipate the odor and that the smell of the odor is subjective in its being obnoxious. Mr. Snell stated that efforts have been made by the Respondent to seek a resolution. He elaborated that the Respondent has spent $1600 on a mister which would diffuse the exhaust as it comes out and that did not work; the second option was a device that would incinerate the exhaust as it comes out, which was not cost effective; he has also looked into moving to another location in Edgewater. John Dillard stated that there are two issues with the Respondent; firstly, that they do not have a business tax receipt to this date and secondly, the location of the business is not in the proper zoning. Additionally, even if the business were in the proper zoning, the odor would still be a violation. Scott Simpson, City Attorney, stated that at the December 14, 2017 Special Magistrate Hearing, the Special Magistrate found that there was a violation regarding the odor; so there is no question on whether or not there is a violation regarding the odor, that is not why this case is here today. He noted that this case is here today to deal with corrective action.

3 Joey Poser, Attorney for the Respondent, 420 South Nova, Daytona Beach, Florida, stated that they are searching for a corrective measure and that this is the first notification that the adjacent businesses were complaining of the odor. Peyton Quarles ordered the Respondent to correct the violation on or before February 15, If the violation continues past the date prescribed. In addition, if the Respondent repeats the violation within the next five years, the City may request that a Repeat Violation Order be signed by the Special Magistrate at the Special Magistrate Hearing following the occurrence of the repeat violation. VI. CASES PENDING ACTION: DORCY ROCKY 500 HOLLY ST, SOUTH DAYTONA FL Code Officer: John Malin 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13) b, Local business tax receipt prerequisites Comments: Obtain permit for roof replacement, and have approved final inspection from rental housing repair list. John Malin presented for the City in case no for alleged violation of Code section City of South Daytona Code of Ordinances 16-19(13) b, Local business tax receipt prerequisites. He noted that the property owner is not present and that the permit has been applied for but not issued as of this date. Peyton Quarles ordered the Respondent to correct the violation on or before February 28, If the KONDO HIDEO & JONES ROBERT 2926 CARRIAGE DR, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker 1. VIOLATION: Section: International Property Maintenance Code 304.1, General Comments: Rotten fascia boards 2. VIOLATION: Section: International Property Maintenance Code 304.2, Protective Treatment Comments: Exterior is stained and has mildew on the surface along with damage to the garage door. 3. VIOLATION: Section: International Property Maintenance Code 304.7, Roofs and drainage Comments: Damaged roof shingles Rainey Hetznecker presented for the City in case no for alleged violation of Code section International Property Maintenance Code 304.1, General

4 Comments: Rotten fascia boards; International Property Maintenance Code 304.2, Protective Treatment; International Property Maintenance Code 304.7, Roofs and drainage Comments: Damaged roof shingles. He noted that the Respondent is not present. Peyton Quarles ordered the Respondent to correct the violation on or before March 8, If the COLWELL CATHERINE M 802 SILVER POND DR, SOUTH DAYTONA FL Code Officer: John Cecil 1. VIOLATION: Section: International Property Maintenance Code 303.1, Swimming pools Comments: no pool barrier 2. VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: Fence in disrepair John Cecil presented for the City in case no for alleged violation of Code section International Property Maintenance Code 303.1, Swimming pools, Comments: no pool barrier; International Property Maintenance Code 302.7, Accessory structures. He noted that the Respondent is in compliance and requested that the case be dismissed. Peyton Quarles ordered the case dismissed. In addition, if the Respondent repeats the violation within the next five years, the City may request that a Repeat Violation Order be signed by the Special Magistrate at the Special Magistrate Hearing following the occurrence of the repeat violation ROYCE MICHAEL 2524 ANASTASIA AV, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker 1. VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: Fence is broken and panels have fallen. Rainey Hetznecker presented for the City in case no for alleged violation of Code section International Property Maintenance Code 302.7, Accessory structures. He noted that the Respondent is not present. Peyton Quarles ordered the Respondent to correct the violation on or before March 8, If the

5 GINATRE HOLDINGS LLC 1729 EASTERN RD, SOUTH DAYTONA FL Code Officer: John Malin 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13) b, Local business tax receipt prerequisites Comments: 30 day reinspection. John Malin presented for the City in case no for alleged violation of Code section City of South Daytona Code of Ordinances 16-19(13) b, Local business tax receipt prerequisites. He noted that the property manager is present. Josh Trainum, Property Manager, 1729 Eastern Road, South Daytona, Florida, stated that this property is approximately 99% completed regarding the violation correction list. Peyton Quarles ordered the Respondent to correct the violation on or before February 28, If the GINTARE HOLDINGS LLC 644 NORTHERN RD, SOUTH DAYTONA FL Code Officer: John Malin 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13) b, Local business tax receipt prerequisites Comments: Have approved final inspection from rental housing repair list. John Malin presented for the City in case no for alleged violation of Code section City of South Daytona Code of Ordinances 16-19(13) b, Local business tax receipt prerequisites. He noted that the property manager is present. Josh Trainum stated that he is conducting an eviction and needs more time to correct the violations. Peyton Quarles ordered the Respondent to correct the violation on or before March 8, If the EVANS JOSEPH G 1733 S RIDGEWOOD AV, SOUTH DAYTONA FL Code Officer: Bret Steele

6 1. VIOLATION: Section: City of South Daytona Code of Ordinances (7), Minimum standards: Neat and fresh appearance Comments: Damaged, needs painting block wall on property. Bret Steele presented for the City in case no for alleged violation of Code section City of South Daytona Code of Ordinances (7), Minimum standards: Neat and fresh appearance. He noted that the Respondent is not present but has spoken with him and that he is in agreement with what the City recommends. Peyton Quarles ordered the Respondent to correct the violation on or before March 10, If the PINKHAM ROBYN J 1092 S 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 2. VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: Fence disrepair John Cecil presented for the City in case no for alleged violation of Code section International Property Maintenance Code 302.1, Sanitation; International Property Maintenance Code 302.7, Accessory structures. He noted that the Respondent is in compliance and requested that the case be dismissed. Peyton Quarles ordered the case dismissed. In addition, if the Respondent repeats the violation within the next five years, the City may request that a Repeat Violation Order be signed by the Special Magistrate at the Special Magistrate Hearing following the occurrence of the repeat violation SMITH GENE & 625 OLIVE ST, SOUTH DAYTONA FL Code Officer: John Malin 1. VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: damaged fencing, mildew on fencing. 2. VIOLATION: Section: International Property Maintenance Code 304.2, Protective Treatment Comments: mildew on walls of house 3. VIOLATION: Section: International Property Maintenance Code 302.4, Weeds Comments: trim trees away from entire house 4. VIOLATION: Section: International Property Maintenance Code 304.3, Address Identification Comments: leaning mailbox post.

7 5. VIOLATION: Section: International Property Maintenance Code 302.4, Weeds Comments: remove vines growing on house. John Malin presented for the City in case no for alleged violation of Code section International Property Maintenance Code 302.7, Accessory structures; International Property Maintenance Code 304.2, Protective Treatment; International Property Maintenance Code 302.4, Weeds; International Property Maintenance Code 304.3, Address Identification; International Property Maintenance Code 302.4, Weeds. He noted that the property owner is not present. Peyton Quarles ordered the Respondent to correct the violation on or before February 23, If the KATRA IRENE W 2200 S PALMETTO AV C030, SOUTH DAYTONA FL Code Officer: Bret Steele 1. VIOLATION: Section: Florida Building Code 105.1, Permit Required Comments: No permit on file for front door and frame replacement. Bret Steele presented for the City in case no for alleged violation of Code section Florida Building Code 105.1, Permit Required. He noted that the Respondent is not present. Peyton Quarles ordered the Respondent to correct the violation on or before March 10, If the HOLLAND PATSY C 2260 POPE AV, SOUTH DAYTONA FL Code Officer: Rainey Hetznecker 1. VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: Broken, dilapidated fence Rainey Hetznecker presented for the City in case no for alleged violation of Code section International Property Maintenance Code 302.7, Accessory structures. He noted that the Respondent is in compliance and requested that the case be dismissed. Peyton Quarles ordered the case dismissed.

8 HARDING DANIEL H & LORI A 2266 NOTTINGHAM RD, SOUTH DAYTONA FL Code Officer: Bret Steele 1. VIOLATION: Section: International Property Maintenance Code 302.1, Sanitation Comments: Accumulation of debris on property. 2. VIOLATION: Section: City of South Daytona Code of Ordinances 14-36(a), Maintain ROW including mowing, edging, cutting & trimming Comments: Sidewalk not edged. 3. VIOLATION: Section: International Property Maintenance Code 302.7, Accessory structures Comments: Damaged fence on property. 4. VIOLATION: Section: International Property Maintenance Code 304.7, Roofs and drainage Comments: Incomplete roof on structure. Bret Steele presented for the City in case no for alleged violation of Code section International Property Maintenance Code 302.1, Sanitation; City of South Daytona Code of Ordinances 14-36(a), Maintain ROW including mowing,edging,cutting & trimming; International Property Maintenance Code 302.7, Accessory structures; International Property Maintenance Code 304.7, Roofs and drainage. He noted that the first three violations have been corrected and that the property owner is present. Daniel Harding, 2266 Nottingham Road, South Daytona, Florida, stated that he now has enough money to finish the roof and that it is all dried in at this point. Peyton Quarles ordered the Respondent to correct the violation on or before April 8, If the violation continues past the date as prescribed. In addition, if the Respondent repeats any of the violations within the next five years, the City may request that a Repeat Violation Order be signed by the Special Magistrate GEA SEASIDE INVESTMENTS INC 813 BIG TREE RD, SOUTH DAYTONA FL Code Officer: John Cecil 1. VIOLATION: Section: City of South Daytona Land Development Regulations 5.5(L) (1), BNC - Purpose and intent Comments: Residential residence is not a permitted use in Business Neighborhood Commercial District and residents that live on the property shall vacate. 2. VIOLATION: Section: City of South Daytona Land Development Regulations 5.5(L) (2), BNC - Permitted uses Comments: Residential residence is not a permitted use in Business Neighborhood Commercial District and residents that live on the property shall vacate. John Cecil presented for the City in case no for alleged violation of Code section City of South Daytona Land Development Regulations 5.5(L)(1), BNC - Purpose and intent; City of South Daytona Land

9 Development Regulations 5.5(L)(2), BNC - Permitted uses. Respondent is present. He noted that a representative of the Angela Hendry, Attorney for GEA Seaside Investments Inc., 442 North Peninsula Drive, Daytona Beach, Florida, stated that the owner, Jack Aberman, purchased 813 and 817 Big Tree at approximately the same time and is confused why one property is grandfathered and one is not. She said that she is asking this court to grandfather 813 Big Tree. Ms. Hendry noted that if this property cannot be grandfathered, that the tenants are currently attempting to obtain a business tax receipt in order to be in compliance with the zoning. She added that she has read South Daytona s Comprehensive Plan and she perceives it as that the tenants are able to reside there as long as they are operating a business in conjunction with living at the house. She presented to the Special Magistrate a printout of the Comprehensive Plan that states what she just said in addition to a map of the properties emphasizing their proximity to BGC as well as Residential zones. Ms. Hendry asked that all future notices be sent to their business address of 442 North Peninsula rather than posted at the subject property. She elaborated that her clients were telling her that they are being approached by Code Enforcement and have been given warnings that they are not able to reside there. John Dillard explained the grandfathering dilemma and stated that 817 Big Tree had a business tax receipt as a residential rental property and that the Respondent has maintained that rental status over the years; it has never been used as a business location and 813 Big Tree has. He added that once that non-conforming residential property went to a commercial use, it cannot go back to a residential use. Mr. Dillard noted that he has spoken with the Respondent regarding rezoning the property. Scott Simpson clarified that when a property is rezoned and there is an existing use that is inconsistent with the zoning, it is grandfathered in. He added that when 813 Big Tree opened up as a day care, they abandoned their non-conforming use. Mr. Simpson reiterated that the City met with the property owner to discuss rezoning. He noted also that he does not know if South Daytona allows a residential use and a commercial use to coexist at the same property and that other permitting issues would have to be researched. John Dillard stated that there are certain businesses that would not be allowed in a BNC zone. He noted that he was approached by the tenants last month, and that they were considering doing a dog training, kennel, and breeding operation at 813 Big Tree and that that would not be allowed in a BNC zone. Peyton Quarles stated that the City and Respondent need time to research allowable businesses in that zone ordered the case continued to the next Special Magistrate Hearing, March 8, CREHAN MICHAEL J 562 LAMBRIGHT RD, SOUTH DAYTONA FL Code Officer: John Cecil 1. VIOLATION: Section: City of South Daytona Land Development Regulations 7.5(B) (9) (c) (2), Miscellaneous parking regulations MRE Comments: Trailers in front plain of home

10 2. VIOLATION: Section: City of South Daytona Land Development Regulations 7.5(B) (9) (c) (1), Miscellaneous parking regulations MRE Comments: 3 trailers on property 3. VIOLATION: Section: City of South Daytona Land Development Regulations 7.5(B) (9) (d), Miscellaneous parking regulations temporary parking Comments: Trailer in driveway John Cecil presented for the City in case no for alleged violation of Code section City of South Daytona Land Development Regulations 7.5(B) (9) (c) (2), Miscellaneous parking regulations MRE; City of South Daytona Land Development Regulations 7.5(B) (9) (c) (1), Miscellaneous parking regulations MRE; City of South Daytona Land Development Regulations 7.5(B) (9) (d), Miscellaneous parking regulations temporary parking. He noted that the Respondent is deceased and that the daughter wants nothing to do with the property and neighbors are using the property to park their vehicles. Peyton Quarles ordered the Respondent to correct the violation on or before February 15, If the MIDDLETON MARILYN 2247 NOTTINGHAM RD, SOUTH DAYTONA FL Code Officer: Bret Steele 1. VIOLATION: Section: International Property Maintenance Code 302.1, Sanitation Comments: Overgrown rear yard with fallen tree debris. Bret Steele presented for the City in case no for alleged violation of Code section International Property Maintenance Code 302.1, Sanitation. He noted that the property owner is not present but the City has been in contact with the Respondent s attorney. Peyton Quarles ordered the Respondent to correct the violation on or before March 10, If the THRAPPAS JAMES DANIEL 2100 BRIAN AV, SOUTH DAYTONA FL Code Officer: John Cecil 1. VIOLATION: Section: City of South Daytona Code of Ordinances 18-1(e) (4), illegally parked vehicles: On Parkage Comments: Parking ticket issued by PD. Recipient appealed. Dan McGaha will handle appeal case

11 2. VIOLATION: Section: City of South Daytona Land Development Regulations 7.5(b) (1), Traffic/parking management - Parking control Comments: Parking ticket issued by PD. Recipient appealed. Dan McGaha will handle appeal case Dan McGaha, Community Service Officer, presented for the City in case no for alleged violation of Code section City of South Daytona Code of Ordinances 18-1(e)(4), Illegally parked vehicles: On Parkage; City of South Daytona Land Development Regulations 7.5(b)(1), Traffic/parking management - Parking control. He noted that the Respondent and tenant are present. Louis Hivley, tenant, 2100 Brian Avenue, South Daytona, Florida, stated that they have three people living at the house and that they each have a vehicle; the driveway only holds two vehicles. He explained on the day he received the ticket, one vehicle had moved out of the driveway and within ten minutes he received a ticket for the vehicle in the parkage. Mr. Hivley asked the City to consider a time limit in allowing a vehicle to be moved to the driveway when it is vacant before rendering a ticket for a violation. James Thrappas, 2100 Brian Avenue, South Dayton, Florida, stated that he would like to know the process to change this parking code. He noted that he has a hard time planning his day around whether or not the other tenants are parking their vehicles correctly. Mr. Thrappas added that it is not very realistic to wake his mother up every morning at five a.m. for her to move her vehicle into the driveway. John Dillard stated that the parking code was amended due to people parking in their yards. He noted the Ordinance change took two readings in front of the Council and legal advertising; so there were plenty of opportunities for people to be aware of the Ordinance change and voice their opinion at the Council meetings. Peyton Quarles ordered the citation dismissed. VIII. REPEAT VIOLATIONS: None IX. REQUEST FOR REDUCTION OF FINES: None X. COMMUNICATIONS AND PETITIONS: Pursuant to Chapter of the Florida Sessions Laws, if an individual decides to appeal any decision made with the respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceed is made. In accordance with the American Disabilities Act and Section , Florida Statutes, persons with disabilities needing special accommodation to participate in the proceedings should contact the City of South Daytona's Deputy City Clerk at (386) for assistance at least 48 hours before the date of the meeting.

12 Special Magistrate Hearing adjourned at 11:27 a.m. James Peyton Quarles, Special Magistrate Heather Lill, Recording Secretary