SPECIAL MAGISTRATE HEARING FEBRUARY

Transcription

CITY OF NORTH PORT
SPECIAL MAGISTRATE HEARING
MINUTES OF HEARING
THURSDAY, MARCH 26, 2015
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Present:
Special Magistrate Robert K. Robinson; Lien Specialist Cindi Bassett, Neighborhood
Development Services; and Recording Secretary Strong.
Staff:
Property Standards Inspectors Shellee Hall; Gary Kromer; Kyle Hoffman; Charles Day;
and Kevin Raducci, Neighborhood Development Services.
The March 26, 2015 Special Magistrate Hearing was called to order by Special Magistrate Robinson at
9:00 a.m.in Meeting Room 244.
A.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Special Magistrate Robinson followed by roll call.
B.
ANNOUNCEMENT OF THE NEXT SPECIAL MAGISTRATE HEARING: THURSDAY,
FEBRUARY 26, 2015 IN MEETING ROOM 244 A 9:00 A.M.
Special Magistrate Robinson announced the next Special Magistrate Hearing is scheduled for Thursday,
April 23, 2015 in Meeting Room 244 at 9:00a.m.
C.
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APPROVAL OF MINUTES (FEBRUARY 26, 2015)
Special Magistrate Robinson approved the February 26, 2015 Special Magistrate Hearing minutes as
presented.
D.
SPECIAL MAGISTRATE REVIEW OF HEARING PROCEDURES
Subsequent to Special Magistrate Robinson providing an overview of hearing procedures, all parties
wishing to provide testimony were requested to stand for the administration of the oath.
E.
ADMINISTRATION OF OATH
Recording Secretary Strong, a Notary Public of the State of Florida, swore in all potential witnesses.
F.
CODE COMPLIANCES:
Lien Specialist Cindi Bassett read into the record a list of cases listed on the Agenda which have achieved
compliance including: GA (14-1761/1668 Tropicare Boulevard); H.3 (14-1986/6333 S. Biscayne Drive);
H.5 (14-2044/2345 Penfield Terrace); H.12 (15-062/2608 Parkmount Terrace); H.14 (15-103/6828
Ketona Road); H.15 (15-140/2783 Thomas Lane); H.18 (15-232/8273 Aero Avenue); H.21 (15-291/2836
Abbeville Road); H.23 (15-310/6385 Freemont Street); H.24 (15-330/2304 Johannesberg Road); H.25
(15-334/1635 Japan Street); H.27 (15-343/3024 Congress Street); H.29 (15-375/4595 McKibben Drive);
H.30 (15-384/8384 Agress Avenue); H.31 (15-387/6048 Merril Street); H.33 (15-453/4374 Watova
Avenue); H.34 (15-458/8029 Larrimore Avenue); H.35 (15-491/3369 Trapper Lane); H.36 (15-495/4343
Dekle Avenue); H.39 (15-567/3189 Bobcat Village Center Road); H.40 (15-640/3117 Idlewood Street);
and 1.2 (14-1831/4047 Clearfield Street).
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CONTINUANCES:
G.
G.I.
Owner:
Michael Schoeff
Case:
14-1761
03-26-15 Special Magistrate Hearing
Page 1 of 18
Property:
Violation(s):
1668 Tropicare Blvd.
Section 53-240A, Unified Land Development Code - Permitted Accessory
(Shed on back left of property not permitted)
Agenda Item G.1 (14-1761/1668 Tropicaire Boulevard) achieved compliance as listed per Agenda Item F,
Code Compliances, with no further action required.
H.
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CODE VIOLATIONS (1sT Hearing):
H.I.
Owner:
Case:
Property:
Violation(s):
Thomas Wells/Marc Marois/Anna M. Bruner
14-1820
6588 Taneytown Road
Chapter 42-22, North Port City Code - Accumulation of Debris
(Large piles of garbage and miscellaneous debris creating junk like conditions)
Chapter 70-56, North Port City Code - Assigned Numbers
(No house numbers on residence)
Section 25-19J, Unified Land Development Code - Parking & Storage of
Certain Vehicles
(Open bed green truck full of debris)
Section 25-19B (1), Unified Land Development Code - Parking & Storage
of Certain Vehicles
(Green truck is inoperable)
Section 25-19A, Unified Land Development Code - Parking & Storage of
Certain Vehicles
(Boat trailer does not have tag)
Lien Specialist Cindi Basset stated for the record that the Notice of Mandatory Hearing was sent certified
mail on 02/09/15 with receipt returned signed and dated on 02/17/15.
Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that the
Respondent is in compliance with Section 25-19J, Unified Land Development Code - Parking & Storage
of Certain Vehicles and Section 25-19B (1), Unified Land Development Code - Parking & Storage of
Certain Vehicles and these violations should be removed. Subsequent to noting that Section 25-19A,
Unified Land Development Code - Parking & Storage of Certain Vehicles was not included on the
Affidavit of Violation, Inspector Hall reported that she has been contact with the bank that has taken
ownership of the property and the property is now vacant and secured. Photographs 1 - 12 were entered
into evidence.
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Based on evidence presented, Special Magistrate Robinson found Case#14-182016588 Taneytown Road
in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and Chapter 70-56,
North Port City Code -Assigned Numbers and to give Respondent ten (10) days to comply or impose a
fine of $10.00 per day thereafterfor each violation.
H.2.
Owner:
Sandra Brady
Case:
Property:
14-1843
6402 Otis Road
Violation(s):
Section 25-19A, Unified Land Development Code - Parking &Storage of
Certain Vehicles
(Expired Tag on RV)
Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that she
has had contact with the Respondent who faxed a note stating that the required tag should be on the RV in
question within one week. Staff is requesting a continuance to afford staff the opportunity to re-inspect
the property to ensure the RV is properly tagged prior to the next scheduled Special Magistrate Hearing.
Page 2 of 18
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Based on evidence presented, Special Magistrate Robinson continued Case#14-184316402 Otis Road to
the April 23, 2015 Special Magistrate Hearing to enable staff time to re-inspect the property to ensure
the Respondent in in compliance with Section 25-19A, Unified Land Development Code - Parking
&Storage of Certain Vehicles.
H.3.
Owner:
Gina L. Corl
Case:
14-1986
Property:
Violation(s):
6333 S. Biscayne Drive
(Debris in yard creating junk like conditions)
Section 25-19A, Unified Land Development Code - Parking & Storage of
Certain Vehicles
(Inoperable grey/silver Dodge on property)
Agenda Item H.3 (14-1986/6333 S. Biscayne Drive) achieved compliance as listed per Agenda Item F,
H.4.
Owner:
Nicki & Steve Timmons
Case:
14-2008
Property:
Violations(s):
6747 Ketona Road
Section 25-19J, Unified Land Development Code - Parking & Storage of
Certain Vehicles
(Open trailers with debris)
Property Standards Inspector Kevin Raducci, being duly sworn, provided an overview and testified that
several inspections of the property have occurred with the property still in violation of Section 25-19J,
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Unified Land Development Code - Parking & Storage of Certain Vehicles. Subsequent to noting that
there has been no contact with the Respondent, photographs 1- 2 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#14-200816747 Ketona Road in
violation of Section 25-19J, Unified Land Development Code - Parking & Storage of Certain Vehicles
and to give Respondent ten (10) days to comply or impose afine of $25.00 per day thereafter.
H.5.
Owner:
Case:
Property:
Violation(s):
Aleskey & Nataliya Groshev
14-2044
2345 Penfield Terrace
(Miscellaneous debris in front of garage and old lawn mowers and debris
on rear property creating junk like conditions.)
Section 25-19A, Unified Land Development Code - Parking &
Storage of Certain Vehicles
(Black dodge w/expired tag; Maroon Nissan Altima, expired tag and
inoperable; Boat trailer w/no tags; jet ski trailer w/no tags; small open
black trailer w/no tags)
Section 25-19B, Unified Land Development Code - Parking &
Storage of Certain Vehicles (Three trailers on property - only two
permitted)
Agenda Item H.5 (14-2044/2345 Penfield Terrace) achieved compliance as listed per Agenda Item F,
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H.6.
Owner:
Case:
Steven Wagner
14-2071
Page 3 of 18
Property:
Violation(s):
5025 San Luis Terrace
(Deflated pool in yard needs to be removed)
Chapter 105.1, Florida Building Code - Permit Required
(Permit required for hot tub/spa)
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Chapter 42-24, North Port City Code - Responsibility of Property
Owners (Rocks in City Right-of-Way need to be moved)
mail on 02/03/15 with no receipt returned; on 03/11/15 Notice was posted on property; and on 03/13/15
Notice was posted in City Hall.
Property Standards Inspector Charles Day, being duly sworn, provided an overview and testified that
Chapter 42-22, North Port City Code - Accumulation of Debris is in compliance and should be removed.
The property was last inspected on 03-25-15 and found to be still in violation of Chapter 42-24, North
Port City Code - Responsibilities of Property Owners, and as of 03-26-15 still in violation of Chapter
105. 1, Florida Building Code - Permit Required. Photographs 1- 6 were entered into evidence.
Respondent Steven Wagner, being duly sworn, presented information regarding a Land Patent, which the
Respondent is claiming. Mr. Wagner requested a continuance to the April 23, 2015 meeting to enable
staff time to review the information provided.
City Attorney Moriarty, being duly sworn, recommended Special Magistrate Robinson proceeds with the
case at hand, noting that the Respondent has the right to the appeal process.
Respondent Wagner further testified that he has had contact with a City employee by the name of Steve
with the Public Works Department who allegedly told the Respondent that he was allowed to have the
rocks in question in the City's right-of-way. Subsequent to reading a definition of "right-of-way",
Respondent reported that a permit was not obtained for the hot tub in question as the hot tub is unused
and is not functioning.
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Addressing concerns, Property Inspector Day reported that he has had contact with Public Works who
verified that rocks are prohibited in the City's right-of-way.
Based on evidence presented, Special Magistrate Robinson found Case#14-207115025 San Luis
Terrace in violation of Chapter 105.1, Florida Building Code - Permit Required, and to give
Respondent ten (10) days to comply or impose a fine of ,$50.00 per day thereafter and in violation of
Chapter 42-24, North Port City Code - Responsibility of Property Owners and to give Respondent ten
(10) days to comply or impose afine of $10.00 per day thereafter.
H.7.
Owner:
Case:
Property:
Violation(s):
Robert L. & Rose Scott
14-2074
1131 Gaucho Terrace
Chapter 62-50, North Port City Code - Placement of Containers
(Trash cans being stored in front of house)
Section 4101.17, Florida BuildinLy Code
(Pool inspected and deemed unsafe)
Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview and testified that he
has had contact with the Respondents who reported that they are in the process of resolving all the issues
contained in the violation of Section 4101.17, Florida Building Code. Chapter 62-50, North Port City
Code - Placement of Containers is now in compliance and should be removed. Staff is recommending a
Page 4 of 18
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continuance to afford the Respondents time to come into compliance for Section 4101.17, Florida
Building Code.
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Based on evidence presented, Special Magistrate Robinson continued Case#14-207411131 Gaucho
Terrace to the April 23, 2015 Special Magistrate Hearing to afford Respondents time to come into
compliance with Section 410137, Florida Building Code.
H.B.
Owner:
Howard E. Shelton
Case:
15-018
Property:
Violation(s):
7912 Hyde Park Avenue
Section 53-240M, Unified Land Development Code
(No permit for fence made from natural wood materials)
(Debris on left side of front yard creating junk like conditions)
Chapter 105.1, Florida Building Code Permit Required
(Permit required for work in progress for front door fascia repair)
mail on 02/09/15 to the tenant and owner/Respondent with tenant receipt returned signed and dated on
02/11/15 and owner/Respondent receipt returned signed and dated on 02/12/15.
Walter Murphy representing Respondent Howard E. Shelton, being duly sworn, stated for the record that
the Respondent has had contact with Property Standards giving Mr. Murphy permission to speak on the
Respondent's behalf.
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the property has been inspected several times including on March 24, 2015 at which time the property
was found to be still in violation of Chapter 105. 1, Florida Building Code - Permit Required. Section 53240M, Unified Land Development Code and Chapter 42-22, North Port City Code - Accumulation of
Debris have come into compliance and should be removed. Photograph 1 was entered into evidence.
Mr. Murphy testified that he has hired a contractor to ensure the property comes into compliance.
Based on evidence presented, Special Magistrate Robinson found Case#15-01817912 Hyde Park
Avenue in violation of Chapter 105.1, Florida Building Code - Permit Required, and to give
Respondent ten (10) days to comply or impose afine of $25.00 per day thereafter.
H.9.
Owner:
Case:
Property:
Violation(s):
Victoria L. Paul
15-042
5940 Brickell Drive
Chapter 105.1, Florida Building Code
(Air conditioner changed without permit)
mail on 02/17/15 and returned unclaimed on 03/16/15; on 03/11/15 Notice was posted on property; and
on 03/13/15 Notice was posted in City Hall.
Property Standards Inspector Charles Day, being duly sworn, provided an overview and testified that the
initial inspection occurred on January 6, 2015 with subsequent inspections thereafter and that the property
was found to be still in violation of Chapter 105. 1, Florida Building Code..
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Based on evidence presented, Special Magistrate Robinson found Case#15-04215940 Brickell Drive in
violation of Chapter 105.1, Florida Building Code - Permit Required, and to give Respondent ten (10)
days to comply or impose afine of $50.00 per day thereafter.
H.10.
Owner:
Rachel Higgs
Page 5 of 18
Case:
15-044
Property:
Violation(s):
Menzler Street
Chanter 42-22, North Port City Code - Accumulation of Debris
(Large amounts of debris and household items creating junk like
conditions)
Storage of Certain Vehicles (RV with no tag; van with no tag)
Section 25-19M, Unified Land Development Code - Parking &
Storage of Certain Vehicles (RV and van stored on undeveloped
property)
Article IV, Illicit Discharge Regulations
(Large hole dug on property for human waste)
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Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that as of
last inspection, the property is still in violation of all listed violations. It was noted that there has been no
contact with the Respondent. Photographs 1- 25 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-044IMenzler Street in
violation of Chapter 42-22, North Port City Code -Accumulation ofDebris and Article IV, North Port
City Code - Illicit Discharge Regulations and to give Respondent seven (7) days to comply or impose a
fine of $10.00 per day thereafter for each violation and in violation of Section 25-19A, Unified Land
Development Code - Parking & Storage of Certain Vehicles and Section 25-19M, Unified Land
Development Code - Parking & Storage of Certain Vehicles and to give Respondent seven (7) to
comply or impose afine of $25.00 per day thereafterfor each violation.
H.11.
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Owner:
Bill Welk
Case:
Property:
Violation(s):
15-049
1508 Gardenside Circle
Chapter 42-24, North Port City Code - Responsibility of Property
Owners (Large pile of pepper tree clippings in City Right of Way)
Section 25-19J, Unified Land Development Code - Parking &
Storage of Certain Vehicles (Open trailer stored on the lot to the left of
the property which is not combined with the primary structure)
Section 25-19R, Unified Land Development Code - Parking &
Storage of Certain Vehicles (Oversize box truck and bob cat machine
parked in a residential district)
Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that
initial inspection occurred on January 22, 2015. January 22, 2015 was the last contact Inspector Hall had
with the Respondent. Upon subsequent inspections it was determined that Chapter 42-24, North Port City
Code has come into compliance and should be removed. Photographs 1 - 4 were entered into evidence.
The bob cat machine as listed in violation of Section 25-19R, Unified Land Development Code has been
removed leaving the oversize box truck still in violation.
Based on evidence presented, Special Magistrate Robinson found Case#I5-04911508 Gardenside Circle
in violation of Section 25-19J, Unified Land Development Code - Parking & Storage of Certain
Vehicles and Section 25-19R, Unified Land Development Code - Parking & Storage of Certain
Page 6 of 18
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Vehicles and to give Respondent ten (10) days to comply or impose a fine of $25.00 per day thereafter
for each violation.
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H.12.
Owner:
Lyudmila Shchavlinskiy
Case:
15-062
Property:
Violation(s):
2608 Parkmount Terrace
(Inoperable car in driveway)
Agenda Item H.12 (15-062/2608 Parkmount Terrace) achieved compliance as listed per Agenda Item F,
11.13.
Owner:
Robert J. & Angel Barlow
Case:
15-101
Property:
Violation(s):
2636 Altoona Avenue
(Debris observed in front of residence consisting of tires, pails, boxes,
satellite dish and other miscellaneous items)
initial inspection occurred on January 8, 2015 with subsequent inspections on multiple occasions
including March 25, 2015 at which time the property was found to be still in violation. There has been no
contact with the Respondents. Photographs 1 - 3 were entered into evidence.
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Based on evidence presented, Special Magistrate Robinson found Case#I5-10112636 Altoona Avenue
in violation of Chapter 42-22, North Port City Code - Accumulation of Debris, and to give
Respondents ten (10) days to comply or impose afine of $10.00 per day thereafter.
11.14. Owner:
Case:
Property:
Violation(s):
Linda Boyd
15-103
6828 Ketona Road
(No assigned numbers on front of residence)
Agenda Item H.14 (15-103/6828 Ketona Road) achieved compliance as listed per Agenda Item F, Code
Compliances, with no further action required.
H.15.
Owner:
Serhiy & Iryna Tymoshchuk
Case:
15-140
Property:
Violation(s):
2783 Thomas Lane
Section 25-19F(2) & H, Unified Land Development Code - Parking
& Storage of Certain Vehicles (Boat parked in City Right-of-Way)
Agenda Item H.15 (15-140/2783 Thomas Lane) achieved compliance as listed per Agenda Item F, Code
H.16.
Owner:
Case:
Ronald & Cheryl A. Reber
15-214
Property:
Violation(s):
2523 Belvidere Street
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(Debris in front of garage)
Storage of Certain Vehicles (Vehicle without current license tag)
Page 7 of 18
i
Storage of Certain Vehicles (Miscellaneous debris in open truck and
trailer)
Section 25-19M, Unified Land Development Code - Parking &
Storage of Certain Vehicles (Vehicle stored in City Right-of-Way)
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Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview and testified that an
email was received from the Respondent the night of March 25, 2015 reporting that he had addressed the
issues as listed in the violations. Inspector Hoffman noted that he had inspected the property on the
morning of March 25, 2015 and found the property still in violation. Photographs 1 - 9 were entered into
evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-21412523 Belvidere Street
in violation of Chapter 42-22, North Port City Code -Accumulation ofDebris and to give Respondent
ten (10) days to comply or impose a fine of $10.00 per day thereafter, and in violation of Section 2519A, Unified Land Development Code - Parking & Storage of Certain Vehicles; Section 25-19J,
Unified Land Development Code - Parking & Storage of Certain Vehicles; and Section 25-19M,
Unified Land Development Code - Parking & Storage of Certain Vehicles and to give Respondent ten
(10) days to comply or impose afine of $25.00 per day thereafterfor each violation.
H.17.
Owner:
Case:
Property:
Violation(s):
Marvin S. Mitchell
15-229
2273 Kalani Street
(Miscellaneous trash & debris on left side of property)
Section 25-19A, Unified Land Development Code - Parking
&Storage of Certain Vehicles (Unlicensed vehicles on property - one
red car of driveway; one black car on City Right-of Way)
Chapter 14-20, North Port City Code, Section 108.1.3 - Structure
Unfit for Human Occupancy (No water in house - unsanitary
conditions - well equipment not operable)
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Property Standards Inspector Gary Kromer, being duly sworn, provided an overview and testified that
Section 25-19A, Unified Land Development Code - Parking & Storage of Certain Vehicles and Chapter
14-20, North Port City Code, Section 108.1.3 - Structure Unfit for Human Occupancy have come into
compliance and should be removed. Inspector Kromer has had no contact with Respondent since the
initial inspection on January 14, 2015. The property was inspected on March 24, 2015 at which time the
property was found to be still in violation of Chapter 42-22, North Port City Code. Photograph 1 was
entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-22912273 Kalani Street in
violation of Chapter 42-22, North Port City Code - Accumulation of Debris, and to give Respondent
ten (10) days to comply or impose afine of $10.00 per day thereafter.
H.18.
Owner:
Case:
Property:
Violation(s):
Devon D. Shepard & Liza. M. Shepard Revocable Trusts
15-232
8273 Aero Avenue
(Household Items on right side of front yard)
Page 8 of 18
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Agenda Item H.18 (15-232/8273 Aero Avenue) achieved compliance as listed per Agenda Item F, Code
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H.19.
Owner:
Mordekhay & Mary Amsalem
Case:
15-243
Property:
Violation(s):
3749 Needle Terrace
(No house numbers visible from roadway)
(Debris consisting of metal and miscellaneous items on outside of fence
and right side of yard)
initial inspection occurred on January 14, 2015 with several subsequent inspections thereafter, at which
time the property was found to be still in violation. Photographs 1- 3 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-24313749 Needle Terrace in
violation of Chapter 70-5, North Port City Code -Assigned Numbers and Chapter 42-22, North Port
City Code -Accumulation of Debris and to give Respondent ten (10) days to comply or impose a frne
of $10.00 per day thereafterfor each violation.
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H.20.
Owner:
Case:
Property:
Violation(s):
Dorotha Boggess
15-258
8468 San Pablo Avenue
(Miscellaneous debris on left, right and front side of house)
Section 25-19A, Unfired Land Development Code - Parking &
Storage of Certain Vehicles (Grey Chevrolet parked on grass of left
side of property does not have tags; black truck on driveway does not
have tags; white trailer on right side of property does not have tags)
Storage of Certain Vehicles (Black truck in driveway is inoperable)
the property has been inspected several times including March 24, 2015, at which time the property was
found to be still in violation. Photographs 1 - 4 were entered into evidence.
William Boggess, being duly sworn, acting on behalf of Respondent testified that he is the son of
Respondent and is aware of the violations and is in the process of resolving all issues. Mr. Boggess
requested a continuance.
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Based on evidence presented, Special Magistrate Robinson found Case#15-25818468 San Pablo
Avenue in violation of Chapter 42-22, North Port City Code -Accumulation and give Respondent ten
(10) days to comply or impose a fine of $10.00 per day thereafter and in violation of Section 25-19A,
Unified Land Development Code -Parking & Storage of Certain Vehicles and Section 25-19B, Unified
Land Development Code - Parking & Storage of Certain Vehicles and to give Respondent ten (10) days
to comply or impose afine of $25.00 per day thereafterfor each violation.
Page 9 of 18
H.21.
Owner:
Vera Kushnir
Case:
Property:
15-291
2836 Abbeville Road
Violation(s):
Chapter 42-24, North Port City Code - Responsibilities of Property
Owners (City Right of Way damaged due to semi-truck)
Chapter 25-19G(1), Unified Land Development Code - Parking &
Storage of Certain Vehicles (Semi-tractor trailer parked in residential
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district)
Agenda Item H.21(15-291/2836 Abbeville Road) achieved compliance as listed per Agenda Item F, Code
H.22.
Owner:
Tim Pruitt
Case:
Property:
15-302
3500 W. Price Blvd.
Violation(s):
Section 25-19R, Unified Land Development Code - Parking &
Storage of Certain Vehicles (Wrecker parked on property)
(Miscellaneous debris on property creating junk like conditions)
mail on 02/07/15 returned unable to forward on 03-18-15; on 03/11/15 Notice was posted on property;
and on 03/13/15 Notice was posted in City Hall.
Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview and entered into
evidence photographs 1- 2.
Respondent Tim Pruitt, being duly sworn, testified that the wrecker truck in question is in the process of
being converted to an RV for personal use and is no longer used in the Respondent's towing business.
The majority of the debris has been removed and the Respondent is in the process of removing all
remaining debris. Addressing concerns, Mr. Pruitt noted that all the tow truck equipment has been
removed, the tow truck has been repainted with all business information removed, and the interior is in
the process of being refurbished. When the interior refurbishment is complete, the light bar attached to
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the truck will be removed. The tags are current and registered to the Respondent. The Respondent is the
owner of North Port Towing.
Staff recommended a continuance.
Based on evidence presented, Special Magistrate Robinson continued Case#15-30213500 W. Price
Boulevard regarding Section 25-19B, Unified Land Development Code - Parking & Storage of Certain
Vehicles to the April 23, 2015 Code Enforcement Special Magistrate Hearing and on violation Chapter
42-22, North Port City Code - Accumulation of Debris the Respondent was found to be in violation
and given ten (10) days to comply or impose afine of $10.00 per day thereafter.
H.23.
Owner:
Roland V. Neuhaus
Case:
15-310
Property:
Violation(s):
6385 Freemont Street
(Debris in front of front door)
Agenda Item H.23 (15-310/6385 Freemont Street) achieved compliance as listed per Agenda Item F,
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H.24.
Owner:
John & Brenda Jabara
Case:
15-330
Page 10 of 18
Properly:
Violation(s):
•
2304 Johannesberg Road
(Fence installed without permit)
Agenda Item H.24 (15-330/2304 Johannesberg Road) achieved compliance as listed per Agenda Item F,
H.25.
Owner:
Joseph C. Hill
Case:
Property:
15-334
1635 Japan Street
Violation(s):
(Debris all over property creating junk like conditions)
Section 25-1913, Unified Land Development Code - Parking &
Storage of Certain Vehicles (Three trailers (2 are closed trailers); one
open trailer)
Agenda Item H.25 (15-334/1635 Japan Street) achieved compliance as listed per Agenda Item F, Code
H.26.
Owner:
William B. Johnson
Case:
15-340
Property:
Violation(s):
6124 Hoffinan Street
Section 25-19F (2) & H, Unified Land Development Code - Parking
& Storage of Certain Vehicles (Boat and black trailer with two ATV's
on property)
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he was unable to inspect the property prior to the Special Magistrate Hearing and requested a
continuance.
Based on evidence presented, Special_Magistrate Robinson continued Case#15-34016124 Hoffman
Street to the April 23, 2015 Special Magistrate Hearing to afford staff time to re-inspect the property.
H.27.
Owner:
Mary E. Flynn
Case:
15-343
Property:
Violation(s):
3024 Congress Street
(No permit to enclose front entry of the house)
Agenda Item H.27 (15-343/3024 Congress Street) achieved compliance as listed per Agenda Item F, Code
H.28.
Owner:
Case:
Property:
Violation(s):
•
Patrick J. Love
15-364
1847 Braddock Avenue
(Hot tub permit never picked up and has expired)
Storage of Certain Vehicles) (Debris inside open trailer in back yard)
Section 25-19F(2) & H, Unified Land Development Code - Parking
& Storage of Certain Vehicles (Jet Ski in back yard is not on a licensed
trailer)
Page 11 of 18
Property Standards Inspector Shellee Hall, being duly, provided an overview and testified that the initial
inspection occurred on January 22, 2015 with subsequent inspections thereafter, including researching the
required permit on March 25, 2015 and found that the permit has been approved and ready for
Respondent to pay for the permit fee since January 23, 2013. Photographs 1 - 4 were entered into
evidence.
•
Based on evidence presented, Special Magistrate Robinson found Case#15-36411847 Braddock Avenue
in violation of Chapter 105.1, Florida Building Code - Permit Required and to give Respondent 10
days to comply or impose a fine of $50.00 per day thereafter and in violation ofSection 25-19J, Unified
Land Development Code - Parking & Storage of Certain Vehicles and Section 25-19F(2), Unified
Land Development Code - Parking and Storage of Certain Vehicles and to give Respondent 10 days
to comply or impose afine of $25.00 per day thereafterfor each violation.
H.29.
Owner:
Case:
Property:
Violation(s):
Ann M. Barkenquast
15-375
4595 McKibben Drive
Section 53-240M, Unified Land Development Code
(Metal fence installed without permit)
Agenda Item H.29 (15-375/4595 McKibben Drive) achieved compliance as listed per Agenda Item F,
11.30.
Owner:
Thomas E. Greer & Sheryl L. Shaw
Case:
15-384
Property:
Violation(s):
8384 Agress Avenue
(Debris in rear yard)
•
Agenda Item H.30 (15-384/8384 Agress Avenue) achieved compliance as listed per Agenda Item F, Code
H.31.
Owner:
Clay & Nancy Johansson
Case:
15-387
Property:
Violation(s):
6048 Merril Street
(Miscellaneous debris on property, includes tires, household furniture
and tree trimmings)
Agenda Item H.31 (15-387/6048 Merril Street) achieved compliance as listed per Agenda Item F, Code
11.32.
Owner:
Raymond & Kristine Winiecke
Case:
15-426
Property:
Violation(s):
4527 Bamonte Street
Storage of Certain Vehicles (Trailer with boat needs to have current
tag)
Page 12 of 18
•
•
Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview and testified that
the property was last inspected on March 24, 2015 at which time the property was found to be still in
violation. Photographs 1- 2 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-42614527 Bamonte Street in
violation of Section 25-19A, Unified Land Development Code - Parking & Storage of Certain Vehicles
and to give Respondent ten (10) days to comply or impose afine of $25.00 per day thereafter.
H.33.
Owner:
Case:
Property:
Violation(s):
Federal National Mortgage Assoc.
15-453
4374 Watova Avenue
(Debris in front, side and rear yard)
(Trash cans being stored in street)
Storage of Certain Vehicles (Silver SUV parked in driveway does not
have tag)
Agenda Item H.33 (15-453/4374 Watova Avenue) achieved compliance as listed per Agenda Item F,
H.34.
Owner:
Case:
Property:
Violation(s):
Secretary of Housing & Urban Development
15-458
8029 Larrimore Avenue
(Fence in disrepair - needs to be fixed, replace or moved)
Agenda Item H.34 (15-458/8029 Larrimore Avenue) achieved compliance as listed per Agenda Item F,
•
H.35.
Owner:
Louis J. Weinstein
Case:
15-491
Property:
Violation(s):
3369 Trapper Lane
(Wood and other miscellaneous items on right side of property)
Storage of Certain Vehicles (Brown Acura on driveway is not
registered)
Agenda Item H.35 (15-491/3369 Trapper Lane) achieved compliance as listed per Agenda Item F, Code
H.36.
Owner:
Carol Moran
Case:
15-495
Property:
Violation(s):
4343 Dekle Avenue
Storage of Certain Vehicles (Silver Grand AM not registered)
Agenda Item H.36 (15-495/4343 Dekle Avenue) achieved compliance as listed per Agenda Item F, Code
•
H.37.
Owner:
Case:
Property:
Violation(s):
Federal National Mortgage Assn. C/O OCWEN Loan Servicing LLC
15-543
4436 Putnam Avenue
Chapter 66-62(c), North Port City Code
Page 13 of 18
(In ground basketball hoop installed in City Right-of-Way)
•
initial inspection occurred on February 3, 2015 with subsequent inspections thereafter. The property
appears to be vacated be maintained and still in violation of Chapter 66-62 (c), North Port City Code.
Photographs 1 - 2 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-54314436 Putnam Avenue
in violation of Chapter 66-62 (c), North Port City Code for in ground basketball hoop installed in City
Right-of-Way and to give Respondent ten (10) days to comply or impose a fine of $10.00 per day
thereafter.
H.38.
Owner:
Case:
Property:
Violation(s):
David W. Rhodes
15-552
2771 Ridgewood Drive
(Miscellaneous debris on right side of house)
(Garbage containers and recycling bins are stored in driveway)
(There are no assigned numbers on the house)
•
the property was initially inspected on February 3, 2015 with subsequent inspections occurring thereafter.
There has been no contact with the Respondent. Photographs 1- 2 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-55212771 Ridgewood Drive
in violation of Chapter 42-22, North Port City Code - Accumulation of Debris, Chapter 62-50, North
Port City Code - Placement of Containers; and Chapter 70-56, North Port City Code - Assigned
Numbers and to give Respondent ten (10) days to comply or impose a fine of $10.00 per day thereafter
for each violation.
Recess from 10:36 a.m. to 10:41 a.m.
H.39.
Owner:
Case:
Property:
Violation(s):
BVCC ELEVEN LLC
15-567
3189 Bobcat Village Center Road
Chapter 34-21, North Port City Code - Business Tax Receipt
(Business tax has expired)
Agenda Item H.39 (15-567/3189 Bobcat Village Center Road) achieved compliance as listed per Agenda
Item F, Code Compliances, with no further action required.
H.40.
Owner:
Virginia L. Thomas
Case:
15-640
Property:
3117 Idlewood Street
•
Page 14 of 18
Violation(s):
•
Chapter 42-22, North Port City Code Accumulation of Debris
(Miscellaneous debris on right side of property)
Section 25-19B (1), Unified Land Development Code - Parking &
StoraLre of Certain Vehicles (Inoperable blue Chevrolet pickup on right
side of property)
Agenda Item H.40 (15-640/3117 Idlewood Street) achieved compliance as listed per Agenda Item F,
1.
STATUS OF CODE VIOLATIONS (2"" Hearing):
1.1.
Owner:
Christopher Raphial
Case:
14-1769
Property:
Violations:
Dunbarton Street
Chapter 66-62(f), North Port City Code (A culvert pipe shall be
installed and permitted, for either permanent or temporary, to access
property through City Right of Way)
Chapter 70-21, North Port City Code (It shall be unlawful to construct
or drive construction equipment to clear land through the City Right of
Way without first obtaining a right-of-way use permit)
Section 45-5A, Unified Land Development Code - Prohibitions
(Before clearing any land or under brush, trees or dirt, you must first
obtain a land clearing permit and survey and all other permits for any
clearing or construction.
•
Property Standards Inspector Kyle Hoffman, being duly sworn, testified that the property is still in
violation.
Based on evidence presented, Special Magistrate Robinson found Case #14-1769/Dunbarton Street to
be in violation of Chapter 66-62 (1), North Port City Code and Chapter 70-21, North Port City Code
and to impose the previously assessed fine of $10.00 per day beginning March 16, 2015 for each
violation; and in violation of Section 45-5A, Unified Land Development Code - Prohibitions and to
impose the previously assessedfine of $25.00 per day beginning March 16, 2015.
1.2.
Owner:
Case:
Jorge Chavaino
14-1831
Property:
4047 Clearfield Street
Violation(s):
Chapter 105.4.1.1, Florida Building Code Permits Period of
(Permit for fence and enclosing lanai expired with outstanding
inspections)
Validi
Agenda Item 1.2 (14-1831/4047 Clearfield Street) achieved compliance as listed per Agenda Item F, Code
1.3.
Owner:
Ingrid Wend (Estate of) c/o Patricia Slagle
Case:
14-1845
Property:
Violation(s):
3137 Cascabel Terrace
Chapter 105.1, Florida Building Code
(No permit for water heater when installed)
•
Page 15 of 18
i
Property Standards Inspectors noted that the property is still in violation of Chapter 105.1, Florida
Building Code.
•
Based on evidence presented, Special Magistrate Robinson found Case #14-184513137 Cascabel
Terrace to be in violation of Chapter 105.1, Florida Building Code and to impose the previously
assessedfine of $50.00 per day beginning March 15, 2015.
1.4.
Owner:
Case:
Property:
Violation(s):
Renay M. Kaczenski-Varney
14-1861
8161 Porto Chico Avenue
Chanter 42-22, North Port City Code - Accumulation of Debris
(Miscellaneous household items stored in front yard)
(Garbage cans stored in front yard)
Section 25-19A & 25 19P, Unified Land Development Code Parkin2 & Storage of Certain Vehicles (White caravan, expired tag
and house guests staying in recreational vehicle for more than 20 days)
Property Standards Inspector Shellee Hall, being duly sworn, reported that Chapter 42-22, North Port City
Code - Accumulation of Debris and Chapter 62-50, North Port City Code - Placementof Containers are
in compliance and should be removed. The property is still in violation of Section 25-19A, Unified Land
Development Code and Section 25-19P, Unified Land Development Code.
Based on evidence presented, Special Magistrate Robinson found Case #14-186118161 Porto Chico
Avenue to be in violation of Section 25-19A, Unified Land Development Cod - Parking & Storage of
Certain Vehicles and Section 25-19P, Unified Land Development Code - Parking & Storage of
Certain Vehicles and to impose the previously assessed fine of $25.00 per day beginning March 16,
2015for each violation.
1.5.
Owner:
Kyle & Amy Smith
Case:
Property:
Violation(s):
14-1873
6338 Kenwood Drive
(Loose debris, old tires and several bags of trash on right side yard)
Storage of Certain Vehicles (One enclosed utility trailer and two boat
s
r'
trailers on property)
mail on 03/05/15 with receipt returned signed and undated on 03/09/15.
Property Standards Inspector Kevin Raducci, being duly sworn, testified that the property is in
compliance with Chapter 42-22, North Port Code - Accumulation of Debris and should be removed. The
property is still in violation of Section 25-19B, Unified Land Development Code - Parking & Storage of
Certain Vehicles.
Based on evidence presented, Special Magistrate Robinson found Case #14-1873/6338 Kenwood Drive
to be in violation of Section 25-19B, Unified Land Development Code and to impose the previously
assessedfine of $10.00 per day beginning March 15, 2015..
1.6.
Owner:
Milton Cranford
Case:
14-1883
Property:
2100 Palo Alto Avenue
•
Page 16 of 18
Violation(s):
Chapter 105.4.1.1, Florida Buildinu Code - Permits
(Air conditioning permit expired due to no final inspection)
mail on 03/05/15 and returned unable to forward on 03/24/15; on 03/11/15 Notice was posted on
property; and on 03/13/15 Notice was posted in City Hall.
Property Standard Inspectors reported that Respondent is still in violation.
Based on evidence presented, Special Magistrate Robinson found Case #14-188312100 Palo Alto
Avenue to be in violation of Chapter 105.4.1.1, Florida Building Code - Permits, and to impose the
previously assessedfine of $50.00 per day beginning March 15, 2015.
1.7.
Owner:
Bank of New York Mellon TTEE (CWABS INC CERTS 2007-SEA1)
Case:
Property:
14-1890
5465 Cambay Street
Violation(s):
(Several sections of fence have fallen and are laying in back yard; other
sections are ready to fall in)
mail on 03/05/15 with receipt returned signed and undated on 03/09/15.
Property Standards Inspectors reported that Respondent is still in violation.
Based on evidence presented, Special Magistrate Robinson found Case #14-189015465 Cambay Street
to be in violation of Chapter 42-22, North Port City Code -Accumulation of Debris and to impose the
•
I.B.
Owner:
Case:
Property:
Violation(s):
JPMorgan Chase Bank NA
14-1953
3120 Lucaya Avenue
(No visible house numbers)
Property Standards Inspectors reported that Respondent is still in violation.
Based on evidence presented, Special Magistrate Robinson found Case #14-195313120 Lucaya Avenue
to be in violation of Chapter70-56, North Port City Code - Assigned Numbers and to impose the
1.9.
Owner:
Case:
Property:
Violation(s):
Michael Schoeff
15-391
1668 Tropicare Blvd.
Section 53-27, Unified Land Development Code Special Exceptions
AG District (Kenneling puppies on property for commercial gain)
Joseph Newman, acting on behalf of Respondent Michael Schoeff, has been duly sworn.
•
Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview and reported that
the Special Exemption the Respondent filed has gone before the Planning & Zoning Advisory Board and
is scheduled to go before the City Commission in the month of April, 2015 for consideration.
Page 17 of 18
Mr. Newman noted that he is awaiting the decision of the City Commission regarding the application for
a Special Exemption.
City Attorney Moriarty, being duly sworn, noted that the City Commission approved the filing of an
injunction against the property in question and the Respondent is in violation of Section 53-27, Unified
Land Development Code - Special Exceptions - AG District while awaiting the determination of the
Special Exemption application.
0-
Based on evidence presented, Special Magistrate Robinson found Case#15-39111668 Tropicare
Boulevard in violation of Section 53-27 Unified Land Development Code - Special Exemptions - AG
District, and to impose the previously assessedfind of $25.00 per day beginning March 15, 2015.
K.
PUBLIC COMMENT
There was no Public Comment.
L.
GENERAL BUSINESS
Special Magistrate Robinson requested that staff note a request for a continuance at the beginning of the
Property Standards Inspector's presentation if a continuance is appropriate. This would save meeting
time and if the Respondent is still in violation at the next scheduled meeting, at that time the presentation
would be heard.
Discussion ensued regarding: 1) the purpose of Property Standards presenting the case prior to requesting
a continuance; and 2) criteria for requesting a continuance including: a) staff agrees with the Respondent
requesting a continuance; b) staff requesting a continuance if the Respondent is in the process of
addressing the issues and coming into compliance; and c) if Respondent attends the Special Magistrate
Hearing and requests a continuance for good cause.
0
Property Standards staff agreed to request a continuance at the beginning of a case when appropriate.
Discussion ensued regarding: 1) Land Patent document distributed by Respondent Steven Wagner - Case
#14-2071; and 2) portable basketball hoops within the City's right-of-way.
M.
ADJOURNMENT
Special Magistrate Robinson adjourned the March 26, 2015 Code enforcement Special Magistrate
Hearing at 10:58 a.m.
Minutes were approved at the Special
Magistrate Meeting this 23rd day of
April, 2015.
•
Page 18 of 18

SPECIAL MAGISTRATE HEARING FEBRUARY

Transcription

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