MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING DATE: November 9, 2017 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: October 12, 2017 OFFICIAL BUSINESS: V. CASES CONTINUED: NONE VI. CASES PENDING ACTION: 1. 17-001702 SOUTH DAYTONA MEDICAL 401 VENTURE DR, SOUTH DAYTONA FL 32119 Code Officer: Bret Steele 1. VIOLATION: Section: Florida Building Code 105.1, Permit Required Comments: No permit on file for removal and re-installation of mansard roof attached signage. Bret Steele, Code Compliance Officer presented for the City in case no. 17-001702 for alleged violation of Code section Florida Building Code 105.1, Permit Required. He noted that the Respondent is not present. Peyton Quarles, Special Magistrate, ordered the Respondent to correct the violation on or before December 9, 2017. 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. Additionally, 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.
2. 17-001858 WHELAN BRIAN J 129 CORAL CIR, SOUTH DAYTONA FL 32119 Code Officer: Bret Steele 1. 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 drainage Comments: Tarp on structure roof. Bret Steele presented for the City in case no.17-001858 for alleged violation of Code Section International Property Maintenance Code 302.7, Accessory structures and International Property Maintenance Code 304.7, Roofs and drainage. He noted that the Respondent was not present and requested that the Respondent be given 90 days to correct the roof and 30 days to correct the fence. Peyton Quarles ordered the Respondent to correct the fence on or before December 9, 2017 and ordered the Respondent to correct the roof on or before February 2, 2018. If the Respondent fails to comply with these Orders, a fine of $250.00 per day, per violation, will be imposed for each day the violation(s) continue(s) past the date as prescribed. Additionally, if the Respondent repeats the violation(s) 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(s). 3. 17-002405 ZIERMAN JAMES R 58 BRYAN CAVE RD, SOUTH DAYTONA FL 32119 Code Officer: Rainey Hetznecker 1. VIOLATION: Section: Florida Building Code 105.1, Permit Required Comments: No permit for scope of work, fence project Rainey Hetznecker, Code Compliance Officer, presented for the City in case no. 17-002405 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 November 17, 2017. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed. Additionally, 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. 4. 17-002406 YOUNG MICHAEL J 2026 HICKORYWOOD DR, SOUTH DAYTONA FL 32119 Code Officer: John Cecil
1. VIOLATION: Section: International Property Maintenance Code 302.4, Weeds Comments: overgrown yard John Cecil, Code Compliance Officer, presented for the City in case no. 17-002406 for alleged violation of Code section International Property Maintenance Code 302.4, Weeds. He noted that the property came into compliance on November 7, 2017 and requested a Repeat Violation Order. Peyton Quarles found the Respondent in compliance and ordered that 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. 5. 17-002463 BRAME MARIE S 1648 CALDWELL RD, SOUTH DAYTONA FL 32119 Code Officer: John Cecil 1. VIOLATION: Section: International Property Maintenance Code 108.1.3, Structure unfit for human occupancy Comments: No city potable water connection 2. VIOLATION: Section: South Daytona Code of Ordinances 20-38, Connections to wells Comments: No city water account, not connected to city water 3. VIOLATION: Section: International Property Maintenance Code 304.1, General Comments: Fascia and soffit damage, missing shingles 4. VIOLATION: Section: International Property Maintenance Code 304.2, Protective Treatment Comments: Shutters in need of paint 5. VIOLATION: Section: City of South Daytona Code of Ordinances 14-36(a), Maintain ROW including mowing,edging,cutting & trimming Comments: tree debris on right of way and piled in street John Cecil, presented for the City in case no. 17-002463 for alleged violation of Code section International Property Maintenance Code 108.1.3, Structure unfit for human occupancy; South Daytona Code of Ordinances 20-38, Connections to wells; International Property Maintenance Code 304.1, General; International Property Maintenance Code 304.2, Protective Treatment; City of South Daytona Code of Ordinances 14-36(a), Maintain ROW including mowing,edging,cutting & trimming. He noted that the property owner is not present. Gary Hiatt, Chief Building Official, stated that the property does have some history with the City in that the City reached out and repaired the pool and the pump at no cost to the Respondent. He added that the City believes that the property owner has passed away, and that the City has no idea who is now living in that house. Peyton Quarles ordered the Respondent to correct the violations on or before November 16, 2017. If the Respondent fails to comply with this Order, a fine of $250.00 per day will be imposed for each day the violations continue past the date as prescribed. Additionally, 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 at the Special Magistrate Hearing following the occurrence of the repeat violation. 6. 17-002472 HEAPHY EDWARD P 729 KATHERINE ST, SOUTH DAYTONA FL 32119 Code Officer: John Cecil 1. VIOLATION: Section: International Property Maintenance Code 302.4, Weeds Comments: overgrown lot 2. VIOLATION: Section: International Property Maintenance Code 301.3, Vacant structures and land Comments: overgrown lot John Cecil presented for the City in case no. 17-002472 for alleged violation of Code section International Property Maintenance Code 302.4, Weeds and International Property Maintenance Code 301.3, Vacant structures and land. He noted that the Respondent is not present. Mr. Cecil added that a fine is currently running and would like to request an abatement order to enter the property today, bring it into compliance and stop the fines. Peyton Quarles ordered the Respondent to correct the violations on or before November 10, 2017. If the Respondent fails to comply with this Order, an administrative fee of $125.00 will be imposed and abatement proceedings will be initiated. 7. 17-002588 KOSTIDAKIS PERRY & HELEN F 2330 S NOVA RD, SOUTH DAYTONA FL 32119 Code Officer: Rainey Hetznecker 1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-13(d), Bus.Tax Receipt issued only for particular business & person Comments: Business tax receipt issued only for particular business or person. Rainey Hetznecker presented for the City in case no. 17-002588 for alleged violation of Code section City of South Daytona Code of Ordinances 16-13(d), Bus.Tax Receipt issued only for particular business & person. He noted that the Respondent is not present but a representative of the existing business operating at that unit is in the audience. John Dillard, Community Development Director, stated that he spoke with the Respondent s son and that the Respondents are aware of the situation and that this case is being heard today. Rick Pinnelli, Business Manager for Cross-fit, 2230 South Nova Road, stated that he rents the property from the Respondents and that the property was sub-leased from him to a group for a Stetson University graduation party. He added that he was told that there would be no alcohol and feels that he was misled on what was going to take place. Mr. Pinelli apologized for the inconvenience and said he was unaware of the whole permitting process for a Special Event.
Peyton Quarles ordered the Respondent to pay an administrative fine of $500.00 on or before December 9, 2017. Additionally, 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. VIII. REPEAT VIOLATIONS: Rainey Hetznecker presented for the City in case no. 17-002617 for alleged violation of International Property Maintenance Code Section 302.1, Sanitation; 108.1.3, Structure unfit for occupancy; 308.1, Accumulated rubbish or garbage. He noted that the property is in compliance and that it was in violation from November 2 through November 7, 2017. Mr. Hetznecker added that a fine of $2,500 has accrued for five days of non-compliance at $250.00 per day per violation. Frank Lockhart, 750 Millbrook Lane, South Daytona, Florida, stated that he is the Respondent s ex-son-inlaw and that he took care of Mrs. McDonald until she died on October 19, 2017. He noted that he has been experiencing health issues and it had taken him a while to clean the property. Gary Hiatt stated that this is an ongoing problematic property and that it currently does not have water service and that no one should be living there. Peyton Quarles found that the Respondent has corrected the violation on November 7, 2017. A fine of $2,500.00, effective immediately, has been imposed. IX. REQUEST FOR REDUCTION OF FINES: 1. 17-002614 US BANK NA TR 1750 S PALMETTO AV 0260, SOUTH DAYTONA FL 32119 Code Officer: John Malin
1. VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13)a, Local business tax receipt prerequisites Comments: Refer to case #14-231 and #15-076 Failure to obtain BTR. Now in compliance. 2. VIOLATION: Section: City of South Daytona Code of Ordinances 16-19(13)b, Local business tax receipt prerequisites Comments: Refer to case #14-231 and #15-076 Failure to complete repair list. Now in compliance. John Malin, Rental Housing Inspector, stated that the Respondent has agreed to pay the City $10,397.00 for both cases, plus $50.00 in recording fees. Peyton Quarles ordered the fine reduced to a total of $10,397.00, plus $50.00 in recording fees. X. COMMUNICATIONS AND PETITIONS: Rainey Hetznecker stated that the Respondent requested that their compliance date be extended to October 11, 2017. Peyton Quarles amended his previous Order and ordered the compliance dated extended to October 11, 2017.