(15-1299/2496 Vedado Street).

Transcription

1
CITY OF NORTH PORT
SPECIAL MAGISTRATE HEARING
MINUTES OF HEARING
THURSDAY, JUNE 29, 2015
Present:
Special Magistrate Robert K. Robinson; Lien Specialist Cindi Bassett, Neighborhood
Development Services; and Recording Secretary Strong.
Staff:
Property Standards Inspectors Shellee Hall; Kyle Hoffman; Charles Day; Gary Kromer;
and Kevin Raducci, Neighborhood Development Services.
The June 29, 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.
APPROVAL OF MINUTES (MAY 28, 2015)
Special Magistrate Robinson approved the May 28, 2015 Special Magistrate Hearing minutes as
presented.
C.
E
ANNOUNCEMENT OF NEXT MEETING DATE - AUGUST 27, 2015 - ROOM 244,
CITY HALL
Special Magistrate Robinson announced the next Special Magistrate Hearing is scheduled for Thursday,
August 27, 2015 in Meeting Room 244 at 9:00a.m.
D.
SPECIAL MAGISTRATE REVIEW OF HEARING PROCEDURES
Subsequent to providing an overview of hearing procedures, Special Magistrate Robinson requested all
parties wishing to provide testimony 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 Bassett read into the record the cases listed on the Agenda which have achieved
compliance and require no further action including: H.6 (15-1516/2046 Van Raub Street); H.8 (151644/2770 Cartwright Lane); H.9 (15-1678/1847 Braddock Road); H.14 (15-1740/6158 Pan American
Boulevard); H.15 (15-1742/2608 Parkmount Terrace); H.16 (15-1744/1419 Kirkwood Street); H.17 (151798/1847 Braddock Avenue); H.18 (15-1808/8628 Agress Avenue); H.19 (15-1820/8471 Dorothy
Avenue); H.21 (15-1838/2256 DeVore Street); H.23 (15-1855/3619 N. Chamberlain Boulevard); H.24
(15-1864/1984 Norvell Avenue); H.25 (15-1866/4435 Adelaide Avenue); H.26 (15-1878/4626 Flint
Drive); H.28 (15-1897/5912 Talbrook Road); H.30 (15-1921/8030 Cristobal Avenue); H.31 (151956/4745 Kiska Road); H.33 (15-1966/3900 Pepper Lane); H.34 (15-1982/4942 Trekell Street); and 1.8
(15-1299/2496 Vedado Street).
1
Cases which were closed and re-opened under new ownership and have achieved compliance include:
H.11(15-1710/5329 Malamin Road); and H.27 (15-1880/4612 Flint Drive).
2nd Hearing - Code Violations which have achieved compliance include: 1.8 (15-1299/2496 Vedado
Street).
06-29-15 Special Magistrate Hearing Minutes
Page 1 of 16
G.
CONTINUANCES:
G.I.
Owner:
Case:
Arthur D. Swander Sr.
14-1855
Property:
8681 Shumock
Violation(s):
Chapter 42-22, North Port City Code - Accumulation of Debris
(Debris in front of property creating junk-like conditions)
Recording Secretary Strong, a Notary Public of the State of Florida, swore in all potential witnesses.
Lien Specialist Cindi Bassett stated for the record that the Notice of Mandatory Hearing was sent certified
mail on 06/02/15 with receipt returned signed and undated on 06/08/15.
Property Standards Inspector Kevin Raducci, being duly sworn, provided an overview and testified that as
of June 26, 2015 the property was found to be still in violation. Previous photographic evidence 1 - 2
were reviewed.
Respondent Arthur Swander, being duly sworn, testified that he has had difficulty obtaining assistance in
resolving the issues.
Based on evidence presented, Special Magistrate Robinson found Case#I5-185518681 Shumock to be
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.
G.2.
Owner:
Case:
Property:
Violation(s):
Brelee Holdings LLC
15-1619
6037 Otis Road
Chapter 105.1, Florida Building Code - Permit Required
(No permit on file for enclosed carport)
mail on 06/18/15; 06/18/15; sent via email 06/18/15; posted on property 06/19/15; and posted in City Hall
on 06/18/15.
Special Magistrate Robinson noted that this case was continued from the May 28, 2015 Code
Enforcement Special Magistrate Hearing to enable time to review all submitted evidence prior to
rendering a decision.
Special Magistrate stated the following for the record: and subsequently read the following Order into the
record regarding Case No. 15-1619/6037 Otis Road:
I received sworn testimony at the Hearing on May 28, 2015. 1 received a number of documents that were
submitted, some by the City, mostly by the property owner. I have read all of those documents; in
addition I looked at North Port City Code. In Code Enforcement cases the City has the burden of proof to
show by a preponderance of the evidence that a violation does exist and that the violator has committed or
responsible for maintaining or allowing the violation to continue per Section 2-508 (C) of the North Port
City Code. In this case the specific charge that was levied was that the owners had maintained or allowed
to maintain an enclosed space without having obtained a proper building permit to enclose that carport.
There were no other violations that were brought as a result of this case, including the issue of the
bathroom or the shower. So based upon the testimony and written evidence I make the following findings
of facts:
The property address is 6037 Otis Road, North Port, Florida. The property was sold by Deborah
Squires to Brelee Holdings, LLC on approximately June 5, 2014. The house was constructed in
approximately 1969, based upon the records of the Sarasota County Property Appraiser. The City
of North Port did not have a Building Department or Land Use Department until approximately
1984 and those services were provided by, prior to that day, Sarasota County. Sarasota County
no longer maintains records such as building permits dating back to that time in which those
services were handled on behalf of the City of North Port. The house was owned at one time by
Page 2 of 16
1
7
Catholic Priest Father Joseph Dugan, while he was the Parish Priest at San Pedro Catholic Church
in North Port. There were newspaper articles that allowed me to establish the approximate time
frame that he was here, actually he as the very first one to operate here as a Parish, and that was
actually before San Pedro was actually constructed. The records of the Sarasota County Property
Appraiser indicate that the effective year build of the property is 1986. It is not clear to me why it
says 1986, but there are drawings which are part of the Sarasota County Property Appraiser's
records concerning this property which reflect that the space at issue is shown as being as part of
drawings or diagrams. There is hearsay testimony from a third party contractor that such
drawings would not have been verified by the Property Appraiser's office unless a building
permit had been issued. Prior owner of the property, Deborah Squire owned the home from
approximately 1997 to 2014 when it was sold to Brelee Holdings, LLC. Further she rented the
property from 1990 to 1997. The Affidavit submitted by Ms. Squires indicates that the space in
question has always been enclosed since the time of her occupation, which takes us back to at
least 1990 and has always been utilized as a 4 h bedroom. The only work Ms. Squires indicated in
her Affidavit that she did to it was the unpermitted installation of a bathroom which is not at issue
in this case. In addition there is hearsay evidence that Father Joseph Dugan enclosed the garage
to create an office for the purpose of receiving parishioners at his home, but there is no other
collaborating evidence to that effect, just his statement from the phone call made to Father
Dugan, and he did not testify. Real Estate listings for this property indicate that renovations, but
not specifically what renovations, were done to the property in approximately 1981. So based
upon all of that I find that the City of North Port has not met its burden by a preponderance of the
evidence to show that the carport in question was enclosed without an appropriate building
permit. The City did not perform building inspection services prior to 1984 and any records
which may exist for that time period from Sarasota County have either been lost or destroyed.
Record evidence from the Sarasota County Property Appraiser's office together with drawings
and diagrams of the property indicate that some renovations were done between 1981 and 1986.
The plans or diagrams reflect the space in question as being enclosed and a part of the structure.
Written evidence of the phone call from Father Dugan concerning this matter is hearsay and
cannot be used for the purpose of formulating a finding of fact, but it can be used to collaborate
already established facts. So, the facts that are established is that some form of renovations were
done to the property between 1981 and 1986 and hearsay testimony from Father Dugan as to what
he did would collaborate that fact. It appears to me that based upon the records of the Sarasota
County Property Appraiser's office some form of renovation was done to the property at a time
prior to the City of North Port handling its own building permits. There is no further evidence to
substantiate that a building permit was in fact not obtained for the purpose in closing this space.
The specific charge relates only to the failure to obtain a permit to enclose the carport and the
charge is not specific as to what type of use would be allowed within that enclosed space.
Therefore I do not make any determinations with regard to the space originally being closed as an
office and now subsequently used as a bedroom. Further there are no specific alleged violations
concerning the bathroom and therefore I make no determination relative to the issues with the
bathroom. I therefore do not find a violation of Section 105.1 of the Florida Building Code
relative to the enclosure of the carport and will thereafter dismiss the complaint in its entirety.
Recess from 10:01 a.m. to 10:09 a.m.
CODE VIOLATIONS (1sT Hearing):
H.I.
E
Owner:
Case:
Property:
Violation(s):
Agoston T. Andacs
15-1145
8598 Aero Avenue
Chapter 105.1, Florida Building
(Windows/doors changed out without permit)
mail on 05/27/15 with receipt returned signed and dated on 05/30/15.
Page 3 of 16
Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview and testified that
Respondent has made contact with Inspector Hoffman and Neighborhood Development Services staff.
The Respondent's last contact was approximately March 1, 2015 at which time options were provided to
resolve the issue at hand.
Respondent Agoston Andacs, being duly sworn, provided photographs and testified that he has been out
of the country until June 24, 2015. Respondent requested a continuance to enable time to resolve the
issue at hand and apply for the required permit.
7
Based on evidence presented, Special Magistrate Robinson found Case#15-114518598 Aero Avenue to
be in violation of Chapter 105.1, Florida Building Code and to give Respondent ten (10) days to comply
or impose a fine of $50.00 per day thereafter.
H.2.
Owner:
Case:
Property:
Violation(s):
Daniel R. Rice
15-1375
6006 Dundee Avenue
Section 37-50C (1) & (2), North Port City Code -- Lights
(Bright lights on front of residence extend beyond property lines)
mail on 06/05/15 with receipt returned signed and dated on 06/17/15.
Property Standards Inspector Kyle Hoffman, being duly sworn, provided an overview of Case No. 151375 and testified that the initial inspection occurred on March 23, 2015 with subsequent inspections
thereafter. Photographs 1 - 3 were entered into evidence.
Respondent Daniel R. Rice, being duly sworn, provided several documents including; 1) As-Built Survey
depicting the area illuminated by the Security Lights; 2) Code Enforcement Inspection Details; 3)
Sarasota County Property Appraiser receipt for Tax Exemption Renewal; 4) claim information from the
Department of Veterans Affairs; 5) Notice of Denial(s); 6) letter to Carol Kazabo regarding Respondent
conversation with North Port Police Officer Blender; 7) produce description for Outdoor Security Sensor
Motion Light Led; 8) Respondents Answer to Case No. 15-1375; 9) photographs depicting outside of
residence with lights illuminated; and 10) DVD of property with lights illuminated.
P
Addressing questions from Special Magistrate Robinson, Respondent testified that the lights are related to
his disability which has been diagnosed as "Anxiety Disorder" and Property Standards Inspector Shellee
Hall reported that this case was dropped prior to this due to the inspectors inability to inspect the property
Inspector Hoffman further testified that the initial
at night when the lights would be illuminated.
complaint was initiated by a neighbor complaining of the bright lights shining in their windows and on
their lanai. Although the lights do appear to be a hazard to vehicle traffic, there has been no complaints
from drivers utilizing the street in question.
Respondent Rice testified that the lights are on low beam from 9:30 p.m. to 5:30 a.m.
Special Magistrate summarized for the record North Port City Code Section 37-50C (1) & (2) including,
"...so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or
property." Respondent Rice noted that the DVD provided will demonstrate that the lighting in question
does not reflect onto the neighbor's property.
Special Magistrate Robinson will take all evidence provided under advisement and render a decision
within 30 days of this hearing date. The Respondent will be notified when a decision has been rendered.
H.3.
Owner:
Case:
Property:
Violation(s):
Jacob Hernandez & America Chavez
15-1480
4268 Killdeer Terrace
(Miscellaneous debris and inoperable hot tub in side yard)
Section 25-19A, Unified Land Development Code - Parking & Storage of
Certain Vehicles
Page 4 of 16
1
(Unlicensed silver Toyota Tundra)
Section 25-19M, Unified Land Development Code - Parking & Storage of
Certain Vehicles
(Silver Toyota Tundra and open trailer stored in City Right of Way)
mail on 05/08/15; with receipt returned signed and undated on 05/15/15.
Property Standards Inspector Charles Day, being duly sworn, provided an overview and testified that
initial inspection occurred on April 1, 2015 with subsequent inspections thereafter. Section 25-19A,
Unified Land Development Code has come into compliance and should be stricken. On June 26, 2015 the
property was last inspected and found to be still in violation of Chapter 42-22, North Port City Code Accumulation of Debris and Section 25-19M, Unified Land Development Code - Parking & Storage of
Certain Vehicles. Photographs 1 - 4 were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-148014268 Killdeer Terrace
to be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to give
Respondent ten (10) days to comply or impose a fine of $10.00 per day thereafter and in violation of
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 thereafter.
HA.
E
Owner:
Case:
Property:
Violation(s):
Jennifer R. Titus
15-1484
4198 Chamrade Road
(Miscellaneous trash/debris on property & fence in disrepair)
mail on 05/08/15; returned unable to forward on 05/18/15; posted on property 06/11/15; and posted in
City Hall on 06/12/15.
Property Standards Inspector Charles Day, being duly sworn, provided an overview and testified that this
residence is vacant and no contact with the owner of the property has been established, but there was
contact with a property management company which did not address the issue of the violation at hand.
Photographs 1 - 3 were entered evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-148414198 Chamrade Road
to be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to give
Respondent ten (10) days to comply or impose a fine of $10.00 per day thereafter.
H.5.
Owner:
Case:
Property:
Violation(s):
Dhamajee K. Khan
15-1515
2256 Van Raub Street
Chapter 70-56, North Port City Code - Assigned Numbers
(Assigned numbers not properly displayed on residence)
mail on 05/18/15; returned unclaimed on 06/18/15; posted on property 06/11/15; and posted in City Hall
on 06/12/15.
Property Standards Inspector Kyle Hoffinan, being duly sworn, provided an overview and testified that he
has attempted to make contact with the property owners but all attempts have failed.
E
Based on evidence presented, Special Magistrate Robinson found Case#15-151512256 Van Raub Street
to be in violation of Chapter 70-56, North Port City Code - Assigned Numbers and to give Respondent
H.6.
Owner:
Case:
Mohammad & Dhandrajee Khan
15-1516
Page 5 of 16
Property:
Violation(s):
2046 Van Raub Street
Chapter 62-62(c), North Port City Code - City Right of Way
(Basketball hoop in City right of way)
Agenda Item H.6 (15-1516/2046 Van Raub Street) achieved compliance as listed per Agenda Item F,
Code Compliances, with no further action required.
H.7.
Owner:
Case:
Property:
Violation(s):
Dwell Well Inc.
15-1602
8690 Bumford Avenue
Section 25-19B, Unified Land Development Code - Parking &
Storage of Certain Vehicles (White Cadillac stored for several years
with flat tires and a tarp hanging off)
Chapter 42-76(b), North Port City Code - Responsibilities
(Graffiti painted containing vulgar language on white Cadillac)
mail on 05/11/15; returned unclaimed on 06/02/15; posted on property 06/11/15; and posted in City Hall
on 06/12/15.
Property Standards Shellee Hall, being duly sworn, provided an overview and testified that violation
Section 42-76 (b), North Port City Code has come into compliance and should be stricken. The property
owner reported on June 26, 2015 that the car in question (White Cadillac) has been sold and will be
removed from the property on July 2, 2015. Staff recommended Special Magistrate Robinson give the
Respondent ten (10) days to come into compliance.
Based on evidence presented, Special Magistrate Robinson found Case#15-160218690 Bumford
Avenue to be in violation of Section 25-19B, Unified Land Development Code - Parking & Storage of
Certain Vehicles and to give Respondent ten (10) days to comply or impose a fine of $25.00 per day
thereafter.
H.B.
Owner:
Case:
Property:
Violation(s):
n
John W. & Vivian Hill
15-1644
2770 Cartwright Lane
Section 53-240, Unified Land Development Code - Permitted
Accessory (No permit for tan canopy on right side of property)
Agenda Item H.8 (15-1644/2770 Cartwright Lane) achieved compliance as listed per Agenda Item F,
H.9.
Owner:
Case:
Property:
Violation(s):
Patrick J. Love
15-1678
1847 Braddock Road
Section 25-19J, Unified Land Development Code - Parking & Storage
of Certain Vehicles (Cargo trailer parked in City Right-of-Way)
Agenda Item H.9 (15-1678/1847 Braddock Road) achieved compliance as listed per Agenda Item F, Code
Compliances, with no further action required.
H.10.
Owner:
Case:
Property:
Violation(s):
Dorothy H. Watt
15-1702
Fielders Road
Section 25-19M, Unified Land Development Code - Parking & Storage
of Certain Vehicle (White commercial size truck being stored on this
undeveloped residential lot)
(Debris consisting of old boats, jet ski, scrap metal, scrap wood and
numerous other items)
Chapter 29-6P, North Port City Code - Obscene Signs
Page 6 of 16
E
(Homemade wooden sign with racial slur and a threat to bodily harm)
mail on 05/18/15; posted on property 06/11/15; and posted in City Hall on 06/12/15.
E
Property Standards Inspector Charles Day, being duly sworn, provided and overview and testified that
this property is a vacant lot and there has been no contact with the property owner. Photographs 1 - 13
were entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-1702/Fielders Road to be in
violation ofSection 25-19M, Unified Land Development Code - Parking & Storage of Certain Vehicles
and to give Respondent ten (10) days to comply or impose a fine of $25.00 per day thereafter, and in
violation of Chapter 42-22, North Port City Code -Accumulation ofDebris and Chapter 29-6P, North
Port City Code - Obscene Signs to give Respondent ten (10) days to comply or impose a fine of $10.00
per day thereafterfor each violation.
H.11.
Owner:
Case:
Property:
Violation(s):
Dana Brannon
15-1710
5329 Malamin Road
(Debris on property consisting of household trash, automotive parts,
furniture and appliance)
Agenda Item H.11 (15-1710/5329 Malamin Road) achieved compliance as listed per Agenda Item F,
H.12.
Owner:
Case:
Property:
Violation(s):
Richard L. DeYoung
15-1711
4339 Tollefson Avenue
(Several piles of furniture and other miscellaneous debris on property,
creating junk like conditions)
(No permit to convert shed in rear property to living quarters with full
kitchen, bathroom and bedroom. Also sewer line coming out of bathroom
connection going into the ground)
Chapter 104.5, Florida Building Code - Unsafe Buildings or Systems
(No power or water, creating life safety and unsanitary conditions)
Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that the
initial inspection occurred on April 29, 2015 with subsequent inspections thereafter including June 26,
2015 and June 29, 2015 at which time the property was found to be still in violation. Photographs 1 - 18
were entered into evidence. The Respondent, Richard DeYoung, contacted Property Standards when the
violations were first written, but there has been no contact subsequently. North Port Police notified
Property Standards and escorted Inspector Hall to the property subsequent to receiving complaints of
"squatters" occupying the residence.
1
Based on evidence presented, Special Magistrate Robinson found Case#15-171114339 Tollefson
Avenue to be in violation of Chapter 42-22, North Port City Code -Accumulation ofDebris and to give
Chapter 105.1, Florida Building Code - Permit Required and Chapter 104.5, Florida Building Code Unsafe Building or Systems and to give Respondent ten (10) days to comply or impose a fine of $50.00
per day thereafterfor each violation.
H.13.
Owner:
Case:
Francis R. & Elisia Cook
15-1720
Page 7 of 16
Property:
Violation(s):
6630 S. Biscayne Drive
(Large amounts of debris around entire property/stored outside of home)
Section 25-19A, Unified Land Development Code - Parkins & Storage of
Certain Vehicles
(Boat trailer in rear yard has no valid tag)
Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that the
initial inspection occurred on April 30, 2015 with subsequent inspections thereafter including June 26,
2015 at which time the property was found to be still in violation. Photographs 1 - 5 were entered into
evidence.
Respondent Francis Cook, being duly sworn, testified that he does not have a driver's license and is
unable to obtain a current tag for the boat and trailer in question.
Rebecca Vega, being duly sworn and acting on behalf of Respondent, testified that the debris in question
was removed on Saturday, June 27, 2015 and placed inside the residence,
Inspector Hall noted that case is an ongoing issue and the debris is located in the front, side and back of
the residence.
Based on evidence presented, Special Magistrate Robinson found Case#15-172016630 S. Biscayne
Drive to be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to give
Section 25-19A, Unified Land Development Code - Parking & Storage of Certain Vehicles and to give
Respondent ten (10) days to comply or impose a fine of $25.00 per day thereafter.
H.14.
Owner:
Case:
Property:
Violation(s):
Max R. Francois
15-1740
6158 Pan American Blvd.
Section 25-19A, Unified Land Development Code - Parking & Storage
of Certain Vehicle (Green Saturn in carport - no license tag; Ford truck in
City Right of Way w/expired tag)
Agenda Item H.14 (15-1740/6158 Pan American Boulevard) achieved compliance as listed per Agenda
Item F, Code Compliances, with no further action required.
H.15.
Owner:
Case:
Property:
Violation(s):
Lyudmila Shchavlinskiy
15-1742
2608 Parkmount Terrace
(Wrong house numbers attached to residence)
Agenda Item H.15 (15-1742/2608 Parkmount Terrace) achieved compliance as listed per Agenda Item F,
H.16.
Owner:
Case:
Property:
Violation(s):
Phebes Florist & Gifts
15-1744
1419 Kirkwood Street
(Assigned numbers on residence not visible from street)
Agenda Item H.16 (15-1744/1419 Kirkwood Street) achieved compliance as listed per Agenda Item F,
H.17.
Owner:
Patrick J. Love
Page 8 of 16
E
Case:
Property:
Violation(s):
1
15-1798
1847 Braddock Avenue
_Chapter 42-22, North Port City Code - Accumulation of Debris
(Debris in and near driveway consisting of several large boxes, packaging
material and ladder)
Agenda Item H.17 (15-1798/1847 Braddock Avenue) achieved compliance as listed per Agenda Item F,
H.18.
Owner:
Case:
Property:
Violation(s):
Svetlana & Ronnie Elkhatib
15-1808
8628 Agress Avenue
Chapter 62-50, North Port City Code - Placement of Containers
(Garbage cans not stored properly)
Certain Vehicle
(Black Honda with expired tag XRC-3534)
Agenda Item H.18 (15-1808/8628 Agress Avenue) achieved compliance as listed per Agenda Item F,
H.19.
Owner:
Case:
Property:
Violation(s):
Trajko & Lubca Gorgievski
15-1820
8471 Dorothy Avenue
Certain Vehicle
(No license tag on RV)
Section 25-19M, Unified Land Development Code - Parking & Storage of
Certain Vehicle
(RV stored on property more than three months)
Agenda Item H.8 (15-1820/8471 Dorothy Avenue) achieved compliance as listed per Agenda Item F,
H.20.
Owner:
Case:
Property:
Violation(s):
Clayton Palmer
15-1834
3751 Nemo Street
Section 53-240M, Unified Land Development Code -- Fences
(No permit on file for fence on right side of property)
mail on 05/27/15; returned unable to forward on 06/04/15; posted on property on 06/12/15; and posted in
City Hall on 06/12/15.
Property Standards Inspector Kevin Raducci, being duly sworn, provided an overview and in checking
with Neighborhood Development Services on June 29, 2015 found that there has been no permit
application submitted. Photograph 1 was entered into evidence.
Based on evidence presented, Special Magistrate Robinson found Case#15-183413751 Nemo Street to
be in violation of Section 53-24 M, Unified Land Development Code - Fences and to give Respondent
H.21.
E
Owner:
Case:
Property:
Violation(s):
David Barichivich
15-1838
2256 De Vore Street
Chapter 62-50, North Port City Code - Placement Of Containers
(Automated garbage cans not stored correctly)
Page 9 of 16
Agenda Item H.8 (15-1838/2256 De Vore Street) achieved compliance as listed per Agenda Item F, Code
H.22.
Owner:
Case:
Property:
Violation(s):
Aleksey & Nataliya Groshev
15-1840
2345 Penfield Terrace
(Miscellaneous debris stored in front of garage - prior warnings for same
violation)
(Garbage cans stored in front of garage door - prior warnings for same
violation)
(House numbers not visible from street due to bush overgrowth - prior
warnings for violation)
Section 25-19M, Unified Land Development Code - Parking & Storage
of Certain Vehicles (Rust colored truck stored on property more than twenty
(20) consecutive days)
r
mail on 06/05/15; with receipt returned signed and dated 06/08/15.
Property Standards Inspector Shellee Hall, being duly sworn, provided an overview and testified that
Chapter 42-22 - Accumulation of Debris; Chapter 62-50 - Placement of Containers; and Chapter 70-56,
North Port City Code - Assigned Numbers have come into compliance and should be stricken. Contact
was made with the Respondent who requested a continuance to enable the Respondent time to obtain
parts for the truck in question so that the vehicle can be relocated. Photographs 1 - 4 were entered into
evidence. Staff recommended this case be continued.
Based on evidence presented, Special Magistrate Robinson continued Case#14-184012345 Penfield
Terrace to the August 27, 2015 Code Enforcement Special Magistrate Hearing.
H.23. Owner:
Case:
Property:
Violation(s):
Robert Ruck
15-1855
3619 N. Chamberlain Blvd.
(No permit for above ground pool)
P
Agenda Item H.23 (15-1855/3619 N. Chamberlain Boulevard) achieved compliance as listed per Agenda
Item F, Code Compliances, with no further action required.
H.24.
Owner:
Case:
Property:
Violation(s):
Anthony J. Gustitus Sr. & Rhonda M. Gustitus
15-1864
1984 Norvell Avenue
Section 25-19B (1), Unified Land Development Code - Parking &
Storage of Certain Vehicles (Black Ford SUV on jack stands with front tire
removed)
Certain Vehicles (Black Ford SUV without current tags)
Agenda Item H.24 (15-1864/1984 Norvell Avenue) achieved compliance as listed per Agenda Item F,
H.25.
Owner:
Case:
Property:
Violation(s):
Manuel Moniz & Lisa Paul
15-1866
4435 Adelaide Avenue
Certain Vehicles (Vehicle in driveway needs current tag)
Page 10 of 16
1
Agenda Item H.25 (15-1866/4435 Adelaide Avenue) achieved compliance as listed per Agenda Item F,
H.26.
Owner:
Case:
Property:
Violation(s):
Marshall T. Parr & Jacqueline E. Baker
15-1878
4626 Flint Drive
(House numbers not affixed to residence)
Agenda Item H.26 (15-1878/4626 Flint Drive) achieved compliance as listed per Agenda Item F, Code
H.27.
Owner:
Case:
Property:
Violation(s):
Primestar-H Fund 1 Trust/Wilmington Savings Fund Society FSB TTEE
15-1880
4612 Flint Drive
(House numbers not affixed to residence)
Agenda Item H.27 (15-1880/4912 Flint Drive) achieved compliance as listed per Agenda Item F, Code
H.28.
Owner:
Case:
Property:
Violation(s):
Christopher Toral
15-1897
5912 Talbrook Road
(Garbage cans improperly stored)
Agenda Item H.28 (15-1897/5912 Talbrook Road) achieved compliance as listed per Agenda Item F,
H.29.
Owner:
Case:
Property:
Violation(s):
Charles A. Hummer
15-1913
2617 Jaylene Road
Chapter 29, Section 29-8A, North Port City Code -- Banners
(Banners on property after 30 day maximum)
(No permit for enclosure of rear lanai)
mail on 06/04/15; posted on property06/11/15; and posted in City Hall on 06/12/15. Lien Specialist
Bassett provided Special Magistrate with a written request from the Attorney for Respondent requesting a
continuance for this case. Staff had no objection to a continuance.
Based on evidence presented, Special Magistrate Robinson continued Case#14-191312617 Jaylene
Road to the August 27, 2015 Code Enforcement Special Magistrate Hearing.
H.30.
E
Owner:
Case:
Property:
Violation(s):
Lurie Lopez TTEE
15-1921
8030 Cristobal Avenue
Certain Vehicle
(No license tag on RV)
Section 53-240A, Unified Land Development Code - Permitted Accessory
Uses
(Chicken Coop on property not permitted)
Agenda Item H.30 (15-1921/8030 Cristobal Avenue) achieved compliance as listed per Agenda Item F,
H.31.
Owner:
Gilberto & Lida Ramirez
Page 11 of 16
Case:
Property:
Violation(s):
15-1956
4745 Kiska Road
Section 25-19R, Unified Land Development Code - Parking & Storage of
Certain Vehicle
(Box truck parked in front of home is prohibited in residentially zoned area)
Agenda Item H.31 (15-1956/4745 Kiska Road) achieved compliance as listed per Agenda Item F, Code
11.32.
Owner:
Case:
Property:
Violation(s):
L'
Eden M. Lusma & Jean Ronald
15-1957
2700 W. Price Blvd.
(Debris consisting of metal bed frame, chair, coolers and plastic containers
in driveway and on right side of property)
(Automated garbage containers at roadway - not stored correctly)
of Certain Vehicles (Two vehicles - tan Saturn with expired tag FL 986DF
3/15 and green Pontiac without tags)
Property Standards Inspector Kevin Raducci, being duly sworn, provided an overview and testified that
inspections occurred on several occasions including June 29, 2015 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#15-195712700 W. Price
Boulevard to be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and
Chapter 62-50, North Port City Code - Placement of Containers 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 to give
Respondent seven (7) days to comply or impose afine of $25.00 per day thereafter.
11.33.
Owner:
Case:
Property:
Violation(s):
E
Christian L. & Elizabeth Grover
15-1966
3900 Pepper Lane
of Certain Vehicles (Green Ford Explorer parked on left side of property
without current tag)
Agenda Item H.33 (15-1966/3900 Pepper Lane) achieved compliance as listed per Agenda Item F, Code
11.34.
Owner:
Case:
Property:
Violation(s):
Branch Banking and Trust Company
15-1982
4942 Trekell Street
Section 25-19R, Unified Land Development Code - Parking & Storage of
Certain Vehicles
(White Mitsubishi Fuso diesel "Box" truck parked in driveway over
size/weight limit)
Agenda Item H.34 (15-1982/4942 Trekell Street) achieved compliance as listed per Agenda Item F, Code
1.
I.I.
STATUS OF CODE VIOLATIONS (2"d Hearing):
Owner:
Bank of America
Page 12 of 16
j
Case:
Property:
Violation(s):
14-1323
4518 Maraldo Avenue
(Fence in disrepair)
(No permits for window change out and air conditioner condenser)
Property Standards Inspector Shellee Hall reported that as of this hearing date, Case No. 14-1323/4518
Maraldo Avenue is still in violation of Chapter 42-22, North Port City Code - Accumulation of Debris
and Chapter 105. 1, Florida Building Code - Permit Required.
Attorney Jennifer Miller, being duly sworn, representing Respondent Bank of America, testified that the
contractor hired to resolve all issues discovered a rat infestation and an exterminator had to be contracted
to address the problem. The Respondent requested a continuance to enable all issues to be addressed.
Inspector Hall noted that this case has been an ongoing issue and recommended that a continuance not be
granted.
Based on evidence presented, Special Magistrate Robinson found Case#14-132314518 Maraldo Avenue
to be in violation of Chapter 42-22, North Port City Code - Accumulation ofDebris and to impose the
previously assessedfine of $10.00 per day beginning June 13, 2015 and in violation of Chapter 1053,
Florida Building Code - Permit Required and to impose the previously assessedfine of $50.00 per day
beginning June 13, 2015.
1.2.
1
Owner:
Case:
Property:
Violation(s):
Laura Johnson
15-394
Sheila Lane
(Cement blocks piled on property)
mail on 06/02/15; returned unable to forward; posted on property 06/11/15; and posted in City Hall on
06/12/15.
Property Standards Inspector Charles Day, being duly sworn, testified that as of June 29, 2015 the
property was found to be still in violation.
Based on evidence presented, Special Magistrate Robinson found Case#15-394/Sheila Lane to be in
violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to impose the
previously assessedfine of $10.00 per day beginning June 13, 2015.
1.3.
1
Owner:
Case:
Property:
Violation(s):
Steven J. & Meagan Redding
15-739
6189 Jordan Avenue
(Several piles of yard waste all over property)
(No permit on file to install support posts in carport)
Section 104.5, Florida Bsuildine Code - Unsafe Buildings & Systems
(Carport has been deemed unsafe due to rotten posts)
mail on 06/02/15; returned unclaimed 06/08/15; posted on property 06/11/15; and posted in City Hall on
06/12/15.
Property Standards Inspector Shellee Hall, being duly sworn, testified that as of June 26, 2015 the
Page 13 of 16
Based on evidence presented, Special Magistrate Robinson found Case#15-739/6189 Jordan Avenue to
be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to impose the
previously assessedfine of $10.00 per day beginning June 13, 2015; and in violation of Chapter 105.1,
Florida Building Code - Permit Required and Chapter 104.5, Florida Building Code - Unsafe
Buildings & Systems and to impose the previously assessed fine of $50.00 per day beginning June 13,
2015for each violation..
1.4.
Owner:
Case:
Property:
Violation(s):
Chrystal A. & Daniel R. Ingersoll
15-1117
4672 Maraldo Avenue
(Miscellaneous Debris on Property)
Section 104.5, Florida Building Code, Unsafe Buildings or Systems
(Holes in the roof creating mold throughout the inside of residence and
residence is not secure)
mail on 06/02/15; returned unable to forward 06/15/15; posted on property 06/11/15; and posted in City
Hall on 06/12/15.
Property Standards Inspector Shellee Hall, being duly sworn, testified that as of June 26, 2015 the
Based on evidence presented, Special Magistrate Robinson found Case#15-111714672 Maraldo Avenue
to be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to impose the
previously assed fine of $10.00 per day beginning June 13, 2015; and in violation of Section 104.5,
Florida Building Code, Unsafe Buildings or Systems and to impose the previously assessed fine of
$50.00 per day beginning June 10, 2015.
I.S.
Owner:
Case:
Property:
Violation(s):
Patrick J. Love
15-1132
1847 Braddock Avenue
Certain Vehicles
(Boat parked in City Right of Way; tags expired)
Property Standards Inspector Charles Day, being duly sworn, testified that as of June 26, 2015 the
Based on evidence presented, Special Magistrate Robinson found Case#15-113211847 Braddock
Avenue to be in violation of Section 25-19A, Unified Land Development Code - Parking & Storage of
Certain Vehicles and to impose the previously assessed fine of $25.00 per day beginning June 13,
2015.
1.6.
Owner:
Case:
Property:
Violation(s):
Robert G. & Jennifer L. Johnston
15-1143
5550 Gabo Road
Chapter 105.4.1.1, Florida Building Code - Permits - Period of Validity
(Residential permit #12-3184 expired on 10/21/14 - no required inspections)
Property Standards Inspector Kyle Hoffinan, being duly sworn, testified that as of June 29, 2015 the
Page 14 of 16
E
Based on evidence presented, Special Magistrate Robinson found Case#15-1143/5550 Gabo Road to be
in violation of Chapter 105.1.1.1, Florida Building Code - Permits = Period of Validity and to impose
the previously assessedfine of $50.00 per day beginning June 13, 2015.
1.7.
Owner:
Case:
Property:
Violation(s):
John Pierkowski
15-1178
7873 McPhail Avenue
(Miscellaneous debris in driveway and front path as well as tarp covering car
staring to fall apart)
Certain Vehicles
(Purple and white car in driveway does not have current tag)
Property Standards Inspector Kyle Hoffman, being duly sworn, testified that as of June 26, 2015 the
Based on evidence presented, Special Magistrate Robinson found Case#15-117817873 McPhall Avenue
to be in violation of Chapter 42-22, North Port City Code - Accumulation of Debris and to impose the
previously assessed find of $10.00 per day beginning June 10, 2015; and in violation of Section 2519A, Unified Land Development Code - Parking & Storage of Certain Vehicles and to impose the
previously assessedfine of $25.00 per day beginning June 10, 2015.
I.B.
E
Owner:
Case:
Property:
Violation(s):
Scott D. & Laura K. Lott
15-1299
2496 Vedado Street
(Automated garbage cans not stored properly-residents have been
previously warned)
Agenda Item 1.8 (15-1299/2496 Vedado Street) achieved compliance as listed per Agenda Item F, Code
1.9.
Owner:
Case:
Property:
Violation(s):
John M. Alexander
15-1331
4403 Bullard Street
Chapter 105.4.1.1, Florida Building Code - Permits - Period of Validity
(Electric permit #13-4044 expired without final inspection)
Property Standards Inspector Kyle Hoffman, being duly sworn, testified that as of June 29, 2015 the
Based on evidence presented, Special Magistrate Robinson found Case#15-133114403 Bullard Street
to be in violation of Chapter 105.4.1.1, Florida Building Code - Permits - Period of Validity and to
impose the previously assessedfine of $50.00 per day beginning June 13, 2015.
E
K.
PUBLIC COMMENT - There was no Public Comment.
L.
GENERAL BUSINESS
Page 15 of 16
Special Magistrate announced that this is the last meeting of Lien Specialist Cindi Bassett prior to her
retirement. Gratitude was expressed to Ms. Bassett for her help and dedication in ensuring the Special
Magistrate Hearings were held in an accurate and professional manner.
M.
ADJOURNMENT
Special Magistrate Robinson adjourned the June 29, 2015 Code Enforcement Special Magistrate Hearing
at 10:51 a.m.
7
Robert K. Robinson, Special Magistrate
Minutes were approved at the Special
Magistrate Meeting this 27th day of
August, 2015.
1
E
Page 16 of 16

(15-1299/2496 Vedado Street).

Transcription

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