MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING April 9, 2015 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: SPECIAL MAGISTRATE: J. Peyton Quarles STAFF: John Dillard, Community Development Dir. Gary Hiatt, Chief Building Official Jeanne Willard, Special Projects Coordinator Bret Steele, Code Enforcement Inspector John Malin, Rental Housing Inspector Robert Tremper, Community Service Officer Heather Lill, Recording Secretary I. CALL TO ORDER II. III. PLEDGE OF ALLEGIANCE OATHS OF THE CITY OFFICIAL, RESPONDENTS AND WITNESSES IV. APPROVAL OF MINUTES FOR: March 12, 2015 OFFICIAL BUSINESS: V. CASES PENDING COMPLIANCE OF PREVIOUS HEARING ORDERS: Bret Steele, Code Enforcement Inspector, read into the record the following statement: The listed Cases contained in the Cases Pending Compliance of Previous Hearing Orders are only for the purpose of the Staff to monitor the information on the fines. If any Respondent is here today regarding any case listed, they are required to submit in writing a letter to the Staff requesting to be heard at the next scheduled meeting. Therefore, no action by the Staff or the Magistrate needs to be addressed regarding Cases Pending Compliance of Previous Hearing.
VI. CASES CONTINUED: 1. 15-115R GV Properties of Volusia LLC 1683 through 1785 Eastern Road, South Daytona, FL 32119 Violation of 2012 International Property Maintenance Code. Failure to have an approved final inspection from repairs list. Following a request by representatives of GV Properties of Volusia LLC, the Special Magistrate ordered that the case be continued until the April 9, 2015 Special Magistrate Hearing. John Malin, Rental Housing Inspector, stated that the Respondent has not finished the repairs and a final inspection has not been called in. Anthony Morrone, Property Manager, 1069 Wexford Way, Port Orange, Florida, stated that First Place Realty and Property Management had recently hired him for property management approximately four or five weeks ago. He noted that there is very little left to repair of the 52 units at the apartment complex and needs only two weeks at the most to complete the repairs. John Malin stated the City recommends that the fine of $250.00 per day, start today due to the fact that the violations have been existing since December 2014 and that they have already been given a 30 day extension. Peyton Quarles, Special Magistrate, ordered the Respondent to obtain an approved final inspection on the Violation/Repair list on or before April 9, 2015. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed for each day that any of the violations continue past the prescribed date. VII. CASES PENDING ACTION: 1. 15-021R Eileen Vanwert 430 Banana Cay Drive, Unit D, South Daytona, FL 32119 Violation of the City of South Daytona Code of Ordinances Section 16-19(13) a. and b. Rental Dwelling, and sub-section a. local business tax receipt required, and annual inspection required. John Malin stated that the Respondent is no longer the property owner of the rental unit and requested that the case be dismissed. Peyton Quarles dismissed the case, no fines to be imposed. 2
2. 15-022R Chad A. and Alice K. Beason 111 Old Sunbeam Road, South Daytona, Florida 32119 Violation of the 2012 International Property Maintenance Code. Failure to have an approved final inspection from attached repairs list. John Malin stated that service was provided through certified mail and posting of the property. He noted that he had made contact with the Respondent by way of email who informed Mr. Malin that he is in the process of hiring a contractor to paint the house and do the repairs. Peyton Quarles ordered the Respondent to obtain an approved final inspection from the Violations/Repairs list on or before May 11, 2015. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed for each day that any of the violations continue past the prescribed due date. 3. 15-023R Phillip J. Boroughs et al 518 Blake Road, South Daytona, Florida 32119 Violation of the 2012 International Property Maintenance Code. Section 108.1.1 Unsafe Structures and Section 110.1 Demolition (obtain permit). John Malin stated that service was provided through certified mail. He noted that the house caught fire prior to Thanksgiving last year and is now inhabitable. Mr. Malin said the Respondent has sold the house and that the City has been in contact with the new owner. He requested that the case be dismissed and that any violations that the City deems in existence will be taken up with the new property owner. Mr. Malin added that the new owner has already applied for a demolition permit and has ordered a dumpster for the upcoming work. Peyton Quarles ordered the case dismissed, no fines to be imposed. 4. 15-024 State of Florida DOT, RW Management MS 551 2750 S. Ridgewood Avenue, South Daytona, Florida 32119 Violation of the City of South Daytona Code of Ordinances, Section 5-216, Conditions Constituting Public Nuisance and Section 5-217, Minimum Standards. (1), (2), (8), (9). Failure to correct all structure and exterior property violations. Bret Steele, Code Enforcement Officer, stated that service was provided through posting of property and certified mail. He noted that he made contact with DOT, Todd Alexander, project manager, who informed Mr. Steele that he had no knowledge of the Hearing today. 3
Mr. Steele elaborated that there are three buildings at 2750 South Ridgewood, and that DOT is planning to install a right hand lane turn at Reed Canal and Ridgewood slated for 2018; DOT has purchased the property and it remains vacant. He added that Mr. Alexander explained that instead of correcting the lengthy list of violations, DOT plans to demolish the buildings. Mr. Steele said that over the course of time, DOT has decided that the property is now surplus property and wants to sell it. Mr. Steele stated that the south side building is in terrible condition and presented pictures of the damaged property and violations to the Special Magistrate. He added that regardless of what DOT decides to do with the property, it has to be maintained. Peyton Quarles ordered the Respondent to correct the violation on or before April 27, 2015. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed for each day the violation continues past the date as prescribed. 5. 15-025 A Place for Your Stuff Inc., Trust 2801 South Nova Road, South Daytona, Florida 32119 Violation of Florida Building Code, Section 105.1, Permits Required. Failure to remove all unpermitted renovation to storage unit #127. Bret Steele stated that all cases involving the subject property will be continued for 60 days. John Dillard, Community Development Director, stated that the City Manager requested that the City keep this case on the Agenda and at the next meeting, review it and see if the negotiations are moving forward, in order to keep it on track. Peyton Quarles ordered the case continued to the next Special Magistrate Hearing, May 14, 2015. 6. 15-026 HBN Holdings, LLC 729 Katherine Street, South Daytona, Florida 32119 Violation of the 2012 International Property Maintenance Code for failure to have a full assessment by a State of Florida licensed design professional to repair structure. Bret Steele stated that service was provided through posting of property and certified mail. He noted that this property has a large amount of violations and has been a problem property for the last four years. Mr. Steele explained that the Respondent was given two options: have a professional engineer conduct an assessment of the structure and let the City know what the problems are that need to be corrected; or, demolish the structure entirely. 4
Peyton Quarles ordered the Respondent to correct the violation on or before April 27, 2015. If the Respondent fails to comply with this Order, a fine of $250.00 day will be imposed for each day the violation continues past the date as prescribed. 7. 15-027 Jesus M. and Doris J. Aviles 308 Olive Street, South Daytona, Florida 32119. Violation of the 2012 International Property Maintenance Code, Section 304.13 Window, Skylight and Door Frames and the Consolidated Land Development Regulations, Section 5.5 C., R-1A. Bret Steele stated that service was provided through hand delivery and certified mail. He presented a photograph of a tarp in front of the over-head garage door and noted that there is a gentleman living in the shed located at the backyard of the property. Mr. Steele said that he did contact the Respondent regarding the violations and was informed that the gentleman no longer resides in the shed. Peyton Quarles ordered the Respondent to correct the violation on or before April 27, 2015. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed for each day the violation continues past the date as prescribed. 8. 15-028 Adrienne J. McDonald 750 Millbrook Lane, South Daytona, Florida 32119 Violation of the 2012 International Property Maintenance Code, Section 302.1, Sanitation, Section 308.1, Accumulation of Rubbish, Section 302.4, Weeds, Code of Ordinances Section 9-2, Keeping Junk in a Residential Area, Section 7-9, Facilities at Single-family Detached and Duplex Residential Properties. Bret Steele stated that service was provided through hand delivery and certified mail. He presented photographs to the Special Magistrate of a make-shift fence. Mr. Steele noted that he has been in contact with the Respondent and that her son-in-law lives with her and collects scrap for income. He said he also spoke with the son-in-law who requested 30 days to have the property cleaned and maintained. Peyton Quarles ordered the Respondent to correct the violation on or before April 27, 2015. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed for each day the violation continues past the date as prescribed. VIII. REPEAT VIOLATIONS: None 5
IX. REQUEST FOR REDUCTION OF FINES: 1. 15-002R Larry and Carla Howell 340 Ferndale Avenue, South Daytona, Florida Violation of Florida Building Code, Section 105.1, Permits Required. Failure to obtain a permit for interior renovations to structure. Due to comply with the Orders of the Special Magistrate on or before February 9, 2015. Complied with the Orders of the Special Magistrate on February 27, 2015. An Order Imposing Administrative Fine/Lien was issued for 16 days of non-compliance at $250.00 per day for a total fine of $4,000.00. Bret Steele stated that the Respondents are present. Larry Howell, 1662 West Paradise Lane, Daytona Beach, Florida, stated that the reason for the delay was that when he finally obtained a contractor to do the work, they did not follow through and he had to find another contractor. He added that it took him two months to get the tenant evicted. Mr. Howell noted that he does not understand why he is being assessed a fine when he made significant effort to remedy the problems and added that he does not know what the violations are. Peyton Quarles asked what the violations are and when the Respondent was noticed. Bret Steele responded that most of the violations are interior. He explained that the Respondent s tenant believed he had an infestation of roaches and decided to tear the entire kitchen apart. Mr. Steele noted that the first Notice of Violation was sent November 14, 2014, and the Citation of Violation was sent out on November 25, 2014, without any feedback from the Respondent. He added that in late October the City did attempt to inspect the interior but Mr. Howell would not let them on the property. Peyton Quarles asked Mr. Howell when he contacted his first contractor. Mr. Howell responded that he contacted the first contractor in December and discovered the contractor would be unable to do the work four weeks later. John Dillard stated that obviously the tenant created the initial problem and delays with contractors are understandable. He noted that there should have been more communication between the property owner and the City and acknowledged that it does take time to have a tenant evicted. Mr. Dillard said that the City did have a lot of time invested with this case and that there is some staff time that must be recovered. Peyton Quarles ordered the fine reduced to a total of $400.00, plus all recording fees, payable by May 11, 2015. If the fine is not paid by the prescribed date, it will revert to the original amount of $4,000.00. X. COMMUNICATIONS AND PETITIONS: None 6
The Special Magistrate Hearing adjourned at 9:50 a.m. J. Peyton Quarles, Special Magistrate Heather M. Lill, Recording Secretary 7