VOLUSIA COUNTY CODE ENFORCEMENT BOARD MINUTES. August 18, 2017

Transcription

1 VOLUSIA COUNTY CODE ENFORCEMENT BOARD MINUTES August 18, 2017 Chairman Joe Rudolph called the regularly scheduled, Code Enforcement Board Meeting to order at 9:30 a.m. in the County Council Chambers, Second Floor, Thomas C Kelly Administration Building MEMBERS PRESENT Harry Wild, Jr. Joe Rudolph, Chair Charles Cino, Board Attorney Pete Zahn Chad Lingenfelter, Vice-Chair MEMBERS ABSENT Gerard Smith Donald Needham STAFF PRESENT Chris Hutchison, Zoning Compliance Manager Margaret Godfrey, Zoning Compliance Officer Debbie Zechnowitz, Zoning Compliance Officer Beverly Abrahamson, Building Compliance Officer Russ Brown, Assistant County Attorney Meghan Lindsey, Code Enforcement Board Clerk Mike Nelson, Building and Zoning Director Kerry Leuzinger, Chief Building Official Christopher Hooper, Zoning Compliance Officer Tammy Proulx, Zoning Compliance Coordinator * * * * * APPROVAL OF MINUTES Member Lingenfelter moved to APPROVE the July 19, 2017 Code Enforcement Board minutes. Member Wild SECONDED the motion that CARRIED unanimously by voice vote. * * * * * All parties and witnesses who were to provide testimony were sworn in by the Clerk prior to any testimony being presented.

2 * * * * * UNFINISHED BUSINESS CEB MICHAEL ALLEN & ERIN TRIFERO HAAS CHRIS & KEELY Complaint No AND all construction requires building permit(s) and inspection approval(s). (Unfinished screen room being enclosed with plywood and windows) Property Location: 189 Poinciana Ln, Deltona Parcel No Zoning: R-4E Compliance Officer Beverly J Abrahamson Property owner was first notified of the violation on Nov 15, 2012 *Order of Non - Compliance issued at the December 19, 2012 hearing: *Final Order Imposing Fine Lien issued at the January 16, 2013 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of June 27, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Lingenfelter MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB DEAN RAY Posted Complaint No AND All construction requires building permit(s) and inspection approval(s). Property Location: 325 Dickson Av, Osteen Parcel No Zoning: OUR Compliance Officer Beverly J Abrahamson Property owner was first notified of the violation on *Order of Non-Compliance issued at the April 19, 2017 hearing: *1st Amended Order of Non-Compliance issued at the May 17, 2017 hearing: *Certified mail returned-unclaimed *A Report and Affidavit of Compliance was submitted with a compliance date of August 4, Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Lingenfelter MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

3 CEB NAGA AMAD A & SOHEIR MORSSI Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 1314 Talton Av, Deland Parcel No Zoning: R-3 Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 27, 2014 *Order of Non-Compliance issued at the March 15, 2017 hearing: *1st Amended Order of Non-Compliance issued at the May 17, 2017 hearing: *A report and Affidavit of Compliance was submitted with a compliance date of June 20, Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Lingenfelter MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB PATTERSON ALANE Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 3585 Old Deland Rd, Daytona Beach Parcel No Zoning: R-2(5) Compliance Officer Beverly J Abrahamson Property owner was first notified of the violation on Sep 26, 2016 *Order of Non-Compliance issued at the April 19, 2017 hearing: *Final Order Imposing Fine Lien issued at the May 17, 2017 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of June 20, Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Lingenfelter MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

4 CEB MONGATO VINCENT F & GINGER D Complaint No AND Construction without the required permit(s) and/or inspection approval(s). (interior renovations Property Location: 790 Airport Rd, New Smyrna Beach Parcel No Zoning: A-2 Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 01, 2015 *Order of Non-Compliance issued at the April 19, 2017 hearing: Hearing to Impose Fine/Lien Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Lingenfelter MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB ODONNELL DENNIS K Posted Complaint No Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION Junk yard where not permitted Property Location: 4815 N Us Hwy 17, Deleon Springs Parcel No Zoning: B-4(D) Zoning Compliance Manager Chris Hutchison Property owner was first notified of the violation on Jul 27, 2017 *Final Order of Non-Compliance/Imposing Fine Lien issued at the June 21, 2017 hearing: Request to Modify Original Order of Non-Compliance The respondent was present for the hearing and his attorney Barry Hughes, gave his name and address for the record. Chris Hutchison, Zoning Compliance Manager Officer, presented the case. Chris requested a modified original order of non-compliance. Assistant County Attorney, Russ Brown stated that when the order was issued back in June, there was an Order of Non-Compliance and a fine to start the very next day. He stated that Mr. Hughes contacted him and had some concerns about the finding. Mr. Brown stated that the language in the ordinance is a little different than the statute. The ordinance talks about a previous order prior to imposing a fine. Mr. Brown said that he discussed it with Board Attorney, Charles Cino and that they believe that Mr. Hughes was correct; an Order of Non-Compliance should have been issued, which would have given him 30 days to come back and then a fine could be instituted at that time. Mr. Brown said

5 that staff is recommending that we amend the Order of Non-Compliance with the hearing to impose fine set for the day after; to the Order of Non-Compliance, removing the fine that started the day after and bringing the property owner back in 30 days for a hearing to impose fine. Mr. Brown stated that Mr. Odonnell has been removing cars and doing what he can to bring the property into compliance. Mr. Brown stated that removing the fine was the best way to follow procedure with the code and then asked Mr. Hughes if he agreed. Mr. Hughes stated that Mr. Brown did correctly recite their conversations; he stated that Mr. Odonnell has been diligently removing cars from the property and should have the cars removed by September 15 th. The Chair asked if Mr. Odonnell, understood what staff was recommending. Mr. Hughes repeated to the board, staff s recommendation. Based on the evidence and testimony provided, Member Lingenfelter MOVED to remove the fine that began on June 22, 2017 and issue an Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 72, Article II Division 7 Section After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB BLACK, SEAN Complaint No AND All construction requires building permit(s) and inspection approval(s). Property Location: 2120 Mitchell Ln, Port Orange Parcel No Zoning: A-2,RR Zoning Compliance Coordinator Tammy Proulx Property owner was first notified of the violation on Jan 07, 2016 *Order of Non - Compliance issued at the March 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the June 15, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the August 17, 2016 hearing: *3rd Amended Order of Non-Compliance issued at the October 19, 2016 hearing: *4th Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *5th Amended Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case. A permit application was received on August 4, 2016 but was cancelled due to lack of activity. The rezoning case that was heard before the county council on May 18 th was denied. Staff was hoping that the rezoning case before the county council would solve the

6 problem; it did not, so staff is requesting a fine of fifty dollars a day, with a cap of twenty one thousand, seven hundred dollars to begin on August 17 th. Member Zahn asked if the property owner pursued all their remedies. Tammy said that they did. A neighbor was present and stated that she was there just in case. After discussion and based on the testimony and other evidence presented, Member Zahn MOVED to issue an Order Non-Compliance with an assessed fine in the amount of $50.00 per day not to exceed $21, to begin on August 17, Member Lingenfelter SECONDED the motion that CARRIED unanimously by voice vote. CEB OUELLET MICHAEL & STEVEN Complaint No AND All construction requires building permit(s) and inspection approval(s). Property Location: 468 Old Bubbly Rd, Pierson Parcel No Zoning: RC Compliance Officer Christopher Hooper Property owner was first notified of the violation on Apr 22, 2016 *Order of Non-Compliance issued at the October 19, 2016 hearing: *1st Amended Order of Non-Compliance issued at the November 16, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *3rd Amended Order of Non-Compliance issued at the February 15, 2017 hearing: *4th Amended Order of Non-Compliance issued at the April 19, 2017 hearing: *5th Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. Christopher and Scott Ashley, Planning Manager met with the property owner on July 24, 2017 and they stated that they were going to apply for a variance. The property owner did come into the office on August 14 th ; they applied for and paid for a variance. The property owner is scheduled to go to the PLDRC board on October 10 th. Staff recommends a sixth amended order of non-compliance with a hearing to impose fine set for the October 18, 2017 hearing. Member Lingenfelter asked if Christopher knew what the property owner was asking a variance for. Christopher directed the board to the slides in his PowerPoint presentation and explained why the property owner wanted to obtain a variance.

7 Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an Sixth Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB BROWNING GERTRUD TR & GERTRUDE BROWNING REVOC TRUST Posted Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 7103 S Atlantic Av, New Smyrna Beach Parcel No Zoning: R-9W Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jun 01, 2013 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Beverly J Abrahamson, Compliance Officer, presented the case. Beverly stated that she s had some conversations with Rick Dixon, an engineer with Anderson Dixon LLC. Beverly said that Anderson Dixon LLC has started working on trying to get DEP permits. She said that they ve been trying to get into contact with DEP, since March of 2017 to get the violation resolved but DEP hasn t gotten back to them. Staff is requesting a second amended order of non-compliance and sixty days, so that the property can come into compliance. Based on the evidence and testimony provided, Member Wild MOVED to issue an Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the October 18, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

8 CEB SPRING GARDEN LLC Complaint No Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION Junk yard where not permitted Property Location: 464 S Spring Garden Av, Deland Parcel No Zoning: B-4,B-4C Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Mar 17, 2017 *The Board continued this case from the May 17, 2017 hearing: *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing but Bill Bohlen, spoke on his behalf. Mr. Bohlen gave his name and address for the record. He gave information on behalf of the property owner. Christopher Hooper, Compliance Officer, presented the case. Christopher stated that he inspected the property on August 4, 2017 and noticed that the large tractor trailer was gone. He issued an Order of Compliance for that violation. Christopher stated that he s working with the representative and the owner to gain access to the site. Staff is recommending a fine to start accruing on September 21, 2017 in the amount of $ per day not to exceed $50, on each case. Bill Bohlen presented the board with photos that showed the progress that he and the property owner had made. Mr. Bohlen stated that the property owner has been working diligently to clean. Member Lingenfelter asked Mr. Bohlen when the pictures had been taken. Mr. Bohlen stated that they had been taken the day before. Using the pictures, Mr. Bohlen showed the board what items had been cleaned up. Member Wild asked how many vehicles had been removed. Mr. Bohlen stated that 23 had been removed. Mr. Bohlen stated that the plastic supplier that was mentioned during the July 19 th code enforcement board hearing had been to the property twice. Mr. Bohlen also said that the property owner had also gotten rid of 300 tires and that he has another half a trailer load of tires. Member Wild asked if the property owner was still doing sales work on the property. Mr. Bohlen said that the property owner is still buying and selling cars. Mr. Bohlen asked if the case could be continued to ninety days. Member Wild asked if Mr. Bohlen was working toward getting his site plan approved. Mr.

9 Bohlen stated that he s reached out to his engineer and that they are moving forward with that. Mr. Bohlen said that he drew up the site plan and met with Scott Ashley, Planning Manager. He went onto say, that everyone is backed up and that he hoped to have something for the board by the next meeting. Member Wild suggested a Second Amended Order of Non-Compliance and that the cases be heard again at the next code enforcement board hearing. Based on the evidence and testimony provided, Member Wild MOVED to issue an Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 72 Article II Division 7 Section After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB SPRING GARDEN LLC Complaint No Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION Retail/Wholesale sales without the required site plan approvals. Property Location: 464 S Spring Garden Av, Deland Parcel No Zoning: B-4,B-4C Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Mar 17, 2017 *The Board continued this case from the May 17, 2017 hearing: *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing but Bill Bohlen, spoke on his behalf. Mr. Bohlen gave his name and address for the record. He gave information on behalf of the property owner. Christopher Hooper, Compliance Officer, presented the case. Based on the evidence and testimony provided, Member Wild MOVED to issue an Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 72 Article II Division 8 Section After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

10 CEB SPRING GARDEN LLC Posted Complaint No AND Construction without the required permit(s) and/or inspection approval(s). (Accessory structures Property Location: 464 S Spring Garden Av, Deland Parcel No Zoning: B-4,B-4C Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jun 06, 2013 *The Board continued this case from the May 17, 2017 hearing: *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing but Bill Bohlen, spoke on his behalf. Mr. Bohlen gave his name and address for the record. He gave information on behalf of the property owner. Beverly J Abrahamson, Compliance Officer, presented the case. There have been two applications for permits submitted and they are going through the review process at this time. Staff is requesting a fine of $ per day with a cap of $50, to begin on September 21, Chair Rudolph stated that there were four buildings on the property and that the county has permit applications for two. Mr. Bohlen said yes but that the property owner is going to take the two without permit applications down during the clean-up process. Using the pictures in Beverly s presentation, Mr. Bohlen showed the board which buildings would be permitted. Mr. Bohlen stated that a building was taken off the survey in error and that he needed to modify the survey. He went onto say that the building apartment has already reviewed and approved the survey and the plans. He said that once he modifies the survey and gets it into Zoning and Land Development department that he will be finished. The board then discussed what a survey should include and specified that you cannot deliberately leave off information. Based on the evidence and testimony provided, Member Wild MOVED to issue an Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

11 CEB TORRES JOSE & ANA LOUISA Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 1360 Peterson Rd, Pierson Parcel No Zoning: A-1 Compliance Officer Christopher Hooper Property owner was first notified of the violation on Oct 31, 2016 *Order of Non-Compliance issued at the May 17, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing, but Antonio Paez gave information on behalf of the property owners. Mr. Paez gave his name and address for the record. Christopher Hooper, Compliance Officer, presented the case. An application for two permits were received on May 2, 2017 and are still in plan review. Upon research it was found that the property is zoned A-1 and requires 10 acres. The property appraiser has the property at just over a quarter of an acre which does not meet the zoning requirements. The owners need a non-conforming lot letter and need to apply for a variance. Christopher left a voic with the owner s representative on August 2 nd and until yesterday did not receive any correspondence. Mr. Paez stated that Mr. Torres came to their firm a couple months ago. He stated that they submitted the as built construction documents for the structures. He said that when they submitted the documents, that they didn t know that the lot was a non-conforming lot. On May 2 nd Mr. Torres received the letter stating that the lot is non-conforming. Mr. Paez stated that they planned on getting a letter from an attorney or a title company, to submit to zoning to comply with the non-conforming lot letter. He stated that they would then apply for a variance to move forward. The board discussed the possible requirements that a variance might demand. The board asked if the electricity was on. Mr. Paez stated that the electricity is on and that Mr. Torres has lived at the location for over twenty years. He went onto say that he believes it s a mobile home structure. The board specified that they were concerned about life-safety issues regarding the electric. Member Lingenfelter asked if all the structures on the property were built without permits or if the mobile home was permitted and somehow attracted other structures. Member Zahn

12 asked if an after the fact permit would address those issues. Member Lingenfelter asked Mr. Paez if the original single-family structure was permitted and deemed safe, when it was put there twenty years ago. Mr. Paez said that he believes that it was permitted. Based on the evidence and testimony provided, Member Zahn MOVED to issue an First Amended Order of Non-Compliance with a compliance date of October 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the October 18, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and The board further ordered an affidavit to be submitted within ten days of the code enforcement board hearing, certifying that the electrical, structural and mechanical plumbing is safe. After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB RAMIREZ-RODRIGUEZ MARTHA S Complaint No Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION (A) Parking truck tractor, semi-trailer, commercial bus, cutaway van, or chassis cab, truck where not permitted Property Location: 913 S Garfield Av, Deland Parcel No Zoning: R-4 Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Feb 14, 2017 *Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was present not for the hearing but Javier Hernandez, spoke on her behalf. Mr. Hernandez gave his name and address for the record. Christopher Hooper, Compliance Officer, presented the case. Christopher talked to the representative of the property owner on August 3, 2017 and informed him about the trucks on the property. The representative stated that he was aware of the situation and he was trying to work with the owner. The representative further stated that he knew the consequences and that he didn t know if he could get the trucks moved. Christopher said that he spoke to the representative that morning and was told that the trucks were moved. Mr. Hernandez stated that they had been moving the trucks off of the property since the week before. Mr. Hernandez then provided the board with pictures of their progress. The board then asked Christopher if there was an improvement. Christopher stated that there was an improvement. Christopher stated that it looked like all the trucks were gone.

13 Christopher recommended issuing a First Amended Order of Non-Compliance with a hearing to impose fine in thirty days, so that he could inspect the property. Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an First Amended Order of Non-Compliance with a compliance date of September 15, 2017 and Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 72 Article II Division 8 Section (A). After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB OCCHIOGROSSO VINCENT & KRISTIN Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 409 Palm Av, Ormond Beach Parcel No Zoning: R-4 Compliance Officer Margaret Godfrey Property owner was first notified of the violation on Dec 06, 2016 *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. Staff was copied on an to Pete Zahn from Randy Roberts, Chief Plans Examiner, which stated the requirements to get the permits reopened that had been expired. Margaret stated that Mr. Occhiogrosso is the second or third owner since all this began. Margaret spoke to Pete Zahn and he said that he knows what he needs to do to help Mr. Occhiogrosso. Staff is recommending a Second Amended Order of Non-Compliance with a hearing to impose fine set for September 20, Mr. Zahn stated that Randy Roberts found some old information and that they didn t have to do plans on it because they were of record. Mr. Zahn explained to the board what needed to be done to bring the property into compliance. He stated that staff s recommendation would be fine. Pete Zahn did not vote however, the outcome of the vote did not change, because there was a quorum and the vote was unanimous. Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be

14 scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Wild SECONDED the motion, it CARRIED unanimously by voice vote. CEB MORIN-ABBOTT NICOLE & DUDLEY VALLIAN COURT Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 15 Beechwood Dr, Ormond Beach Parcel No Zoning: R-4 Compliance Officer Margaret Godfrey Property owner was first notified of the violation on Oct 22, 2016 *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Margaret Godfrey, Compliance Officer, presented the case. The permit application was reopened and is now in plans review. It s in review but staff has received no response from the property owner. Margaret has spoken to Mrs. Morin-Abbott but she is in Canada and she said that the other owner Dudley Valliancourt is supposed to be taking care of this. Margaret stated that she has tried to call Mr. Valliancourt but his voic is full. Mrs. Morin-Abbott told Margaret that Mr. Valliancourt had repaired the roof after the hurricane and that was all. Margaret told Mrs. Morin-Abbott that Frank Godawa, Contractor Licensing Investigator, had to issue a stop work order because the property was being completely redone. Margaret states that Mrs. Morin-Abbott believes that nothing has been done with the roof. Margaret directed the board to her photos and showed them that work was being done. Because the site remains unchanged and there has been no contact with the property owners, staff is requesting a fine of $50.00 a day to start on September 21, 2017 with a cap of $12, After discussion and based on the testimony and other evidence presented, Member Wild MOVED to issue an Order Imposing Fine/Lien with an assessed fine in the amount of $50.00 per day not to exceed $12, to begin on September 21, Member Lingenfelter SECONDED the motion that CARRIED unanimously by voice vote.

15 CEB HOMESTREAM NETWORK LLC MELTON, BRITTANY Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 1509 Primrose Ln, Daytona Beach Parcel No Zoning: R-4 Zoning Compliance Coordinator Tammy Proulx Property owner was first notified of the violation on Apr 29, 2016 *Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case. Staff is requesting a First Amended Order of Non-Compliance with a hearing to impose fine set for September 20, Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an First Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB ASH THOMAS E JR & FIONA M Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 2590 E Kicklighter Rd, Lake Helen Parcel No Zoning: A-1 Compliance Officer Michael Mazzola Property owner was first notified of the violation on Feb 03, 2017 *Order of Non-Compliance issued at the June 21, 2017 hearing: *1st Amended Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Chris Hutchison, Zoning Compliance Manager, presented the case. There was permit issued on August 7, 2017 and it will expire February 3, Staff is

16 requesting a Second Amended Order of Non-Compliance with a hearing to impose fine set for February 21, Based on the evidence and testimony provided, Member Zahn MOVED to issue an Second Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the February 21, 2018 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member LIngenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB SMITH DENNIS E & KAREN B Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 1530 Chestnut Av, Orange City Parcel No Zoning: A-2 Compliance Officer Michael Mazzola Property owner was first notified of the violation on Nov 04, 2016 *Order of Non-Compliance issued at the June 21, 2017 hearing: Hearing to Impose Fine The respondent was present for the hearing and gave information. He gave his name and address for the record. Chris Hutchison, Zoning Compliance Manager, presented the case. On September 29, 2016 code enforcement received a complaint of outbuildings without permits. A site visit was conducted on October 3, 2016 and a review of pictometry found numerous buildings on site without permits or inspections. The officer at the time, received a call from the owner stating that he was going to get an Ag exemption and apply for permits. At this time, there is an Ag exemption on the property. On July 14 th 2017 Officer Mike Mazzola conducted an on-site inspection. Mike spoke to the owner and found out that he was storing cars and other items under a car port. Staff is requesting a First Amended Order of Non-Compliance with a hearing to impose fine set for October 18, Member Lingenfelter reiterated that the violation is for construction without permits. He then asked staff, is the violation cured if the buildings were built on a property that is Ag exempt. Building and Zoning Director, Mike Nelson stated that the buildings to be Ag exempt need to be support buildings for the agricultural pursuit. He went onto say that the exemption is a farm building on a farm. Mike Nelson went onto discuss who could assist the property owner in bringing the

17 property owner into compliance. Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an First Amended Order of Non-Compliance with a compliance date of October 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the October 18, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Wild SECONDED the motion, it CARRIED unanimously by voice vote. CEB DELAND PROPERTY ASSOC LLC Complaint No Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s) Property Location: 217 N Spring Garden Av, Deland Parcel No Zoning: B-4C Compliance Officer Christopher Hooper Property owner was first notified of the violation on Feb 25, 2017 *Order of Non-Compliance issued at the July 19, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. The owner of the property contacted Christopher on August 4, 2017 and stated that he had paid a contractor to fix the property and was unaware that it was not completed. The property owner told Christopher that he will take over the project and make sure that it comes into compliance. Staff is recommending a First Amended Order of Non- Compliance with a hearing to impose fine on September 20, Based on the evidence and testimony provided, Member Zahn MOVED to issue an First Amended Order of Non-Compliance with a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 58 Article I Section After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote.

18 X. Hearings and Presentation of Filed Notices of Violations CEB STARKE, KELLY & MICHAELA H Complaint No: Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 22-2, SECTIONS AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 1199 Lemon Bluff Rd. Osteen Parcel No Zoning: R-5 Compliance Officer Beverly J. Abrahamson Property owner was first notified of the violation on November 11, 2016 The respondent was present for the hearing. Attorney Michael Woods, represented the property owner. He gave his name and address for the record. Beverly J Abrahamson, Compliance Officer, presented the case. This case began in October of 2016 when research found multiple accessory structures had been erected without the required permits and/or inspection approvals. The Notice of Violation was posted on site on November 10, The Notice of Violation and Notice of Hearing was hand-delivered to Michaela Starke on July 17, The last inspection on July 17, 2017 found that the site remained unchanged. Staff is requesting a finding of noncompliance; with a compliance date of September 15, 2017 and a hearing to impose fine set for September 20, Michael Woods stated that he would give information. He stated that there is no record on file with the county for the construction of the structures. Mr. Woods stated that his firm was contacted by Michaela & Kelly Starke with a title issue. The property owners wanted to get under contract to sell their property. At the time that they purchased the property it was a cash purchase; although some title work had been completed, no survey was done. When the buyers conducted research the encroachment issues were discovered. There are many sheds of different sizes and ages. We aren t sure when they were constructed, but Michaela and Kelly did not construct them. These are sheds that are being used and operated by the neighbors on the other side of Lemon Bluff. When Micaela and Kelly contacted Mr. Woods, the main goal was figuring out how to get this cleared off the title. The property owners wanted to clean up the property, without being disruptive. Some the structures are substantial and the property owners didn t want to demolish a structure when a different option could be utilized. Mr. Woods stated that they began working with staff on the planning side. Mr. Woods discussed the various

19 encroachment issues present on the property with the board. Mr. Woods stated that he would like to know which neighbors would like to keep their sheds and which neighbors are willing to try to remedy the violation themselves. He stated that he d like to give the neighbors days to help remedy the violation. He said that Mrs. Starke does not have the money to pay for the demolition of the structures, but she is not opposed to the county doing it and then placing a lien on the property for the cost. Member Zahn stated that because the issue is complicated, he doesn t see any problem with allowing the property owner more time to bring the property into compliance. Mr. Woods stated that he would like 30 days, to find out which neighbors want to keep their sheds. Clay Irving, Director of Growth and Resource Management, gave testimony to help clarify the many issues surrounding the property. Clay stated that the primary concern is that any structure that has been in the right-of-way cannot be permitted and therefore, cannot be allowed to stay. He also stated that if the property were divided into separate parcels, that the parcels would present zoning issues. Clay said that the wetland aspect of the property is also problematic. Clay stated that they didn t want to create a situation where people believed that they were getting property and could keep their shed, only to apply for permits and find out that they could not because they didn t meet zoning standards. Clay stated that he appreciates that Mrs. Starke wants to work with her neighbors and give them time to work out what they want to do, but he wanted to make sure that Mrs. Starke and her neighbors are aware, that the opportunity to create a subdivision or other method of transferring land may not solve the issue. Member Wild asked if there was any chance of vacating some of the right-of-way. Clay said that they checked with Public Works and that the answer for now, is no. Member Wild asked if non-conforming lots could be a possibility. Clay stated that if you re creating a brand new lot that you can t call it a legal non-conforming. Member Lingenfelter asked if the county is going to pursue the demolition of structures that are wholly in the right-of-way. Clay stated that the county would take down the structures that are in the right-of-way and then lien Mrs. Starke s property for the cost. Member Lingenfelter then stated that the structures were not Mrs. Starke s. Russ Brown, Assistant County Attorney, stated that wholly in the right-of-way we believe is the county s responsibility but structures that are partially going across her property boundary, would be the responsibility of the property owner. Chair Rudolph stated that there may have to be discussion, as to whether we can properly lien the property. Chair Rudolph asked the many neighbors that came to speak, if they could appoint one or two to speak for the group due to time restraints.

20 Margaret Warton gave her name and address for the record. Mrs. Warton stated that she owned a shed and a steel carport cover that is not in the right-of-way, but is on the Starke property. She stated that the problem that the neighbors have, is that Growth Management has told them that they can t keep their sheds/structures anyway. Mrs. Warton said that Mrs. Starke wants money for the property, and she has inquired about that, but not if we can t do anything with it. Mrs. Warton asked if anything can be resolved with the existing structures anyway, she said if not, then it s all a moot issue. Chair Rudolph stated that from the information that they ve been given today, it appears that the structures will have to come down one way or another. The board then clarified what staff and Mr. Woods are requesting and what the violation is for. Member Zahn also clarified what the remedies for the violation are. He also explained the purpose of the board and the limits to what they are able to do. Based on the evidence and testimony provided, Member Zahn MOVED to issue an Order of Non-Compliance with a compliance date of October 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the October 18, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB TIFFANY ROGER LEE & DEBRA LEIGH Complaint No Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION Property Location: 1323 Derbyshire Rd, Daytona Beach Parcel No Zoning: R-5 Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Apr 12, 2017 The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case. Tammy presented both CEB and CEB These cases are for a junkyard and an accessory structure for use conversion. The last inspection was August 3, 2017 and the conditions have remained unchanged. Staff recommends a finding of non-compliance with a hearing to impose fine on September 20, A fine of $25.00 per day not to exceed $2, per case, is to commence September 21, 2017.

21 Based on the evidence and testimony provided, Member Zahn MOVED to issue an Order of Non-Compliance with a compliance date of September 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 72 ARTICLE II DIVISION 7 Sections After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB TIFFANY ROGER LEE & DEBRA LEIGH Complaint No Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION Junk yard where not permitted Property Location: 1323 Derbyshire Rd, Daytona Beach Parcel No Zoning: R-5 Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on April 12, 2017 The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case. Based on the evidence and testimony provided, Member Zahn MOVED to issue an Order of Non-Compliance with a compliance date of September 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 72 ARTICLE II DIVISION 7 Sections After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB TIFFANY ROGER LEE Complaint No Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC Vehicle(s) that is inoperative and/or without current state license tag Property Location: 1321 Derbyshire Rd, Daytona Beach Parcel No Zoning: R-5 Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Apr 12, 2017 The respondent was not present for the hearing. Tammy Proulx, Zoning Compliance Coordinator, presented the case.

22 The last inspection on the property was on August 3, The site remains unchanged. Staff is requesting a finding of non-compliance with a compliance date of September 15, 2017 and a hearing to impose fine on September 20, Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an Order of Non-Compliance with a compliance date of September 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 118-Traffic and Vehicles ARTICLE II Abandoned Vehicles, Section After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB ZSS INC/ SAI GROUP OF ORMOND BEACH INC Complaint No Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE III DIVISION 12, SECTION (a) (1) (5) (6). Lights illuminating and/or visible from the beach during sea turtle nesting season from May 1 st through October 31 st. Property Location: 1716 Ocean Shore Blvd, Ormond Beach Parcel No Zoning: 999 Compliance Officer Christina Phillips Property owner was first notified of the violation on June 8, 2017 This case was CONTINUED to the September 20, 2017 hearing. CEB HUSTED GORDON P & DENISE BEDNARCHIK Complaint No AND Construction without the required permit(s) and/or inspection approval(s) Property Location: 1779 E Minnesota Av, Deland Parcel No Zoning: RR Compliance Officer Christopher Hooper Property owner was first notified of the violation on Oct 03, 2016 The respondent was not present for the hearing. Christopher Hooper, Compliance Officer, presented the case. The owners came in and applied for a permit for the laundry room. The permit was issued on February 1, 2017 and expired on July 31, The owner came down to the office and asked for a permit extension. The permit extension was denied. Staff is requesting an Order of Non-Compliance with a compliance date of September 15, 2017 with a hearing to impose fine set for September 20, Mike Nelson, Building and Zoning Director,

23 explained to the board why the permit extension was denied. Based on the evidence and testimony provided, Member Lingenfelter MOVED to issue an Order of Non-Compliance with a compliance date of September 15, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 22-2 Sections and After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB CANN ADRIAN N Complaint No AND Construction without the required permit(s) and/or inspection approval(s).(conversion of barn to single family residence Property Location: 1314 Virginia Av, Deleon Springs Parcel No Zoning: A-3 Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Sep 19, 2015 This case was CONTINUED to the November 15, 2017 hearing. CEB BRAIMSON, JONATHAN Posted Complaint No Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s) Property Location: 914 S Florida Av, Deland Parcel No Zoning: MH-5 Compliance Officer Michael Mazzola Property owner was first notified of the violation on Mar 14, 2017 The respondent was present for the hearing. Jonathan Braimson gave his name and address for the record. Chris Hutchison, Zoning Compliance Manager, presented the case. On March 18, 2017 code enforcement received a complaint of an unmaintained residence with windows broken out. Staff had not made contact with the property owner until today. On July 13, 2017 we posted the property with the violation and notice of hearing. Staff is requesting a finding of non-compliance with a compliance date of September 13, 2017 and a hearing to impose fine set for September 20, Mr. Braimson said that the windows were out in the front of the house and that he will be

24 getting a trust fund that would pay to rebuild the home. Chair Rudolph asked when Mr. Braimson would be doing that. He said that he would do it as soon as he possibly can. Mr. Braimson said that he had lawyers in South Florida working on the trust fund now. Mr. Braimson said that with his social security, he could do a little at a time. Chair Rudolph asked Mr. Braimson if he was living in the house right now. Mr. Braimson said that he was. Chair Rudolph asked if the windows were still missing from the large openings in the structure. Mr. Braimson said that the windows were still missing. Mr. Braimson discussed with the board, how long it would take to bring the property into compliance. Chair Rudolph also informed Mr. Braimson that he may have to get permits to begin the work on the property. Mike Nelson, Building and Zoning Director, asked Mr. Braimson if the electricity was on in the house. Mr. Braimson said that the electricity is on and that he would have someone come out and check to make sure that it s safe. Chair Rudolph stated that they would need a certificate showing that the electric is safe. Donna Thomas gave her name and address for the record. She stated that she is the manager of Shad-De-Land Mobile Home Park, which is adjacent to the home. Mrs. Thomas said that there is a lot of police activity at this home. She said that there are people outside of the house all the time and heavy traffic that comes in and out through the park. She said that her tenants are bothered by the activity. She said that the property is a disaster. Chair Rudolph stated that the board was not there to talk about the activity that occurs on the property but rather the run-down condition of the property. Member Wild asked if the water was turned on. Mr. Braimson said that it is not right now. Member Zahn asked about requirements for habitable space. He stated that Mr. Braimson might use his trust fund to find a place to stay while the renovations were taking place. Member Zahn stated that the house is uninhabitable. Mr. Braimson said that the house will be boarded up that day. Based on the evidence and testimony provided, Member Zahn MOVED to issue an Order of Non-Compliance with a compliance date of September 13, 2017 and a Hearing to Impose Fine/Lien to be scheduled for the September 20, 2017 hearing for Violating Volusia County Code of Ordinances, Chapter 58 Article I Section The board further ordered that the structure be secured within 5 days of this hearing, that an