CODE ENFORCEMENT BOARD - Palm Coast, Floridaagendas.palmcoastgov.com/meetings/2013/10/123_M_Code... · 2013-11-14 · 1 CODE ENFORCEMENT BOARD Wednesday, October 2, 2013 at 9:00 a.m

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CODE ENFORCEMENT BOARD

Wednesday, October 2, 2013 at 9:00 a.m.

Palm Coast Community Center

City Council Meeting Room

305 Palm Coast Parkway NE, Palm Coast, Florida

MEMBERS PRESENT: Neil Copeland, Ed Allen, Kenneth Klinkenberg, Norman

Mugford, Tameka McDowell, Dean Roberts

MEMBERS EXCUSED: Robert Branin

STAFF MEMBERS PRESENT: Code Enforcement Manager Grossman, Code Enforcement

Supervisor Donovan, Code Enforcement Officers Hadden,

Romeo, Arena, Festa, MacDonald, Colasanti, Sagala, Esposito,

Mendez and Debra Babb-Nutcher, Counsel

A. Call to Order and Pledge of Allegiance.

The meeting was called to order at 9:00 a.m. by Mr. Mugford, followed by the Pledge of

Allegiance.

B. Roll Call and Determination of Quorum.

Roll was called. A quorum was met with six (6) members present.

C. Approval of the September 4, 2013 Meeting Minutes.

The minutes were unanimously approved.

D. Disclosure of Ex-Parte Communications.

None to report.

E. Swearing-in of Staff. Code Enforcement Manager Grossman, Code Enforcement Supervisor

Donovan, Code Enforcement Officers Hadden, Romeo, Arena, Festa, MacDonald,

Colasanti, Sagala, Esposito, Mendez were sworn in by Debra Babb-Nutcher, Counsel.

F. Swearing in of Respondents: The respondents who were present were sworn in by Debra

Babb-Nutcher, Counsel for City of Palm Coast.

G. Withdrawn Case

AI# 2 CASE NO. 2013070479 - 17 Beckner Lane

AI# 8 CASE NO. 2013072266 - 14 Parkview Drive

AI# 13A CASE NO. 2013070576 - 14 Claridge Court South

AI# 13B CASE NO.2013072040 - 14 Claridge Court South

AI# 15 CASE NO. 2013061554 - 8 Corona Court

AI# 21 CASE NO. 2013050981 - 125 Sea Trail

AI# 26 CASE NO. 2013070319 - 15 Beauford Lane

AI# 27 CASE NO. 2013060772 - 10 Birchshire Lane

AI# 42 CASE NO. 2013071284 - 8 Radial Place

AI# 44 CASE NO. 2013072393 - 44 Raemoor Drive

AI# 49 CASE NO. 2013070493 - 41 Ryarbor Drive

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AI# 50 CASE NO. 2013070494 - 43 Ryarbor Drive

AI# 55 CASE NO. 2013071169 - 150 Wellstone Drive

AI# 62 CASE NO. 2013072028 - 10 Emerald Lane

AI# 63 CASE NO. 2013051294 - 26 Emerson Drive

AI# 64 CASE NO. 2013071453 -78 Esperanto Drive

AI# 65 CASE NO. 2013062356 - 26 Edgely Lane

1. AI# 58

CASE NO. 2012110977 BR

City of Palm Coast vs. Paul R. & Virginia M. Schettino

1 Wood Crest Lane

(Palm Coast Code Section 15-108(c ) Sidewalks & Driveway in Disrepair)

Code Enforcement Officer Romeo presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Romeo testified the property remains in violation. Staff

recommends a Fine – Violation Order and Administrative Costs. Paul Schettino, Respondent, presented

his side.

Mr. Klinkenberg moved to continue this case until the next Code Enforcement Board

meeting. Mrs. McDowell seconded the motion.

Roll was called:

Mr. Copeland – Yes Mr. Mugford - Yes

Mr. Allen – Yes Mrs. McDowell - Yes

Mr. Klinkenberg – Yes Mr. Roberts – Yes

Motion unanimously carried.

2. AI# 57

CASE NO. 2013030570 BR

City of Palm Coast vs. Partick N. & Tammy Del Sordo

1 Westfalls Lane

(Palm Coast Code Section 15-1 No Permit for Fence)


evidence was shown to the Respondent. Officer Romeo testified the property remains in violation. Staff

recommends a Fine- Violation Order and Administrative Costs. Patrick DelSordo, Respondent, presented

his side.

Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City

Code as charged; that the Respondent correct the violation no later than five (5) days after

this Order is entered in writing; that, in the event the Respondent does not comply with the

Order, a fine in the amount of $50.00 will be imposed for each and every day the violation

continues past the aforestated date; that the Respondent is further ordered to contact the

Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay

Administrative Costs to the City in the amount of $60.85. Mr. Allen seconded the motion.

Roll was called:

3

Mr. Copeland – No Mr. Mugford - Yes

Mr. Allen – Yes Mrs. McDowell - No


Motion carried 4/2.

3. AI# 31

CASE NO. 2013062310 LM

City of Palm Coast vs. Richard Vieitez

10 Ryland Place

(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District)

Code Enforcement Officer Mendez presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Mendez testified the property is in compliance. Staff

recommends a No Fine Standing Order and Administrative Costs. Richard Vieitez, Respondent,

presented his side.

Mr. Klinkenberg moved to find in this case that the Respondent was in violation of the City

Code as charged and failed to correct the violation by the time specified for correction by the

Code Enforcement Officer; that the violation is now corrected; that any violation of the

same Code by Respondent within five (5) years of the date of the Order shall be treated as a

repeat violation as defined by State law for which a fine of up to $5,000.00 may be imposed.

The Respondent shall pay Administrative Costs to the City in the amount of $45.85. Mr.

Allen seconded the motion.

Roll was called:

Mr. Copeland – Yes Mr. Mugford – Yes

Mr. Allen – Yes Mrs. McDowell – Yes



4. AI# 7

CASE NO. 2013031236 MASSEY BMD

City of Palm Coast vs. Derek & Paula Conklin

4 Lindberg Lane

(Palm Coast Code Section 15-108(h) Unlicensed Vehicle)

Code Enforcement Officer MacDonald presented case history, paperwork and photos. The evidence was

shown to the Respondent. Officer MacDonald testified the property is in compliance. Staff recommends a

fine for the period of non-compliance and Administrative Costs. Derek Conklin, Respondent, presented

his side.

Mr. Klinkenberg moved to find in this case that Respondent was in violation of the City

Code as charged; that the Respondent failed to correct the violation by the time specified for

correction by the Code Enforcement Board in the Board’s Order entered into evidence in

this case; that the Respondent brought the property into compliance on July 31, 2013. No

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fine is imposed for the period of non-compliance from July 16, 2013 to July 30, 2013. The

Respondent shall pay Administrative Costs to the City in the amount of $61.30. Mrs.

McDowell seconded the motion.

Roll was called:





5. AI# 23

CASE NO. 2013042194 JC

City of Palm Coast vs. Richard & Mary Ann Barden

101 Selma Trail

(Palm Coast Code Section 17-39(a) Residential Rental Program)

Code Enforcement Officer Colasanti presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Colasanti testified the property remains in violation.

Staff recommends a Fine – Violation Order and Administrative Costs. Mary Ann Barden, Respondent,

presented her side.

Mr. Klinkenberg moved to dismiss this case. Mrs. McDowell seconded the motion.

Roll was called:





6. AI# 14

CASE NO. 2013051891 PA

City of Palm Coast vs. Rev. Thomas D. Newman, Trustee

39 Cooper Lane


Code Enforcement Officer Arena presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Arena testified the property remains in violation. Staff

recommends a Fine – Violation Order and Administrative Costs. Robert Burris, representative for

Respondent, presented his side.

Mr. Klinkenberg moved to continue this case. Mr. Copeland seconded the motion.

Roll was called:

5





7. AI# 54

CASE NO. 2013071653 RECURRING BR

City of Palm Coast vs. Philip A. Rotunno

42 Wellhaven Lane

(Palm Coast Code Section 44-34(d)(2) Parking of Boat & Trailer


evidence was shown to the Respondent. Officer Romeo testified the property is in compliance. Staff

recommends a No Fine Standing Order – Recurring Violation and Administrative Costs. Philip Rotunno,

Respondent, presented his side.

Mr. Klinkenberg moved to find in this case that the Respondent was in violation of City


Code Enforcement Officer; that the violation was corrected; that the violation recurred; that

any violation of the same Code by Respondent within five (5) years of the date of the Order

shall be treated as a repeat violation as defined by State law for which a fine of up to

$5,000.00 may be imposed. The Respondent shall pay Administrative Costs to the City in

the amount of $45.85. Mr. Allen seconded the motion.

Roll was called:





8. AI# 1

CASE NO. 2013051116 ME

City of Palm Coast vs. Nathaniel Moss

8 Floral Court

(Palm Coast Code Section 15-107(a)(1)(b) Rebuild or Demolish Burned out Structure)

Code Enforcement Officer Esposito presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Esposito testified the property remains in violation. Staff

recommends a Fine – Violation Order and Administrative Costs. Steven Moss, son of Respondent,

presented his side.

Mr. Copeland moved to continue this case for sixty (60) days. Mrs. McDowell seconded the

motion.

Roll was called:

6





9. AI# 18

CASE NO. 2013080632 RECURRING RS

City of Palm Coast vs. Shane Dennis Jr.

36 Florida Park Drive

(Palm Coast Code Section 44-34(d)(2) Parking of Boat & Trailer)

Code Enforcement Officer Sagala presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Sagala testified the property is in compliance. Staff

recommends a No Fine Standing Order - Recurring Violation and Administrative Costs. Shelly Dennis,

mother of Respondent, presented her side.

Mr. Klinkenberg moved to find in this case that the Respondent was in violation of City





$5,000.00 may be imposed. The Respondent shall pay Administrative Costs to the City in

the amount of $45.85. Mr. Allen seconded the motion.

Roll was called:





10. AI# 10

CASE NO. 2013080641 REPEAT MH

City of Palm Coast vs. Randy A. & Lori C. Proctor

42B Pine Haven Drive

(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)

Code Enforcement Officer Hadden presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Hadden testified the property is in compliance. Staff

recommends a fine for the period of non-compliance and Administrative Costs. Sharon Meier, property

manager, presented her side.

Mrs. McDowell moved to find in this case that the Respondent was in repeat violation of City

Code as charged based on the Board’s prior Order entered against the same Respondent for

the same violation; that the Respondent brought the property into compliance on August 8,

2013, that a $100.00 per day fine is imposed for the period of non-compliance from August 6,

7

2013 to August 7, 2013. The Respondent shall pay Administrative Costs to the City in the

amount of $61.75. Mr. Roberts seconded the motion.

Roll was called:





11. AI# 43

CASE NO. 2013042959 MASSEY JF

City of Palm Coast vs. Yelena Zdebskaya & Aleksandr Zdebskiy

71 Rae Drive


Code Enforcement Officer Festa presented case history, paperwork and photos into evidence. The

evidence was shown to the Respondent. Officer Festa testified the property is in compliance. Staff

recommends a fine for the period of non-compliance and Administrative Costs. Nicholas Puma, tenant,

presented his side.

Mr. Allen moved to find in this case that Respondent was in violation of the City Code as

charged; that the Respondent failed to correct the violation by the time specified for


this case; that the Respondent brought the property into compliance on August 9, 2013; that

a $50.00 per day fine is imposed for the period of non-compliance from July 16, 2013 to

August 8, 2013; totaling $1,150.00. The Respondent shall pay Administrative Costs to the

City in the amount of $61.30. Mr. Roberts seconded the motion.

Roll was called:

Mr. Copeland – No Mr. Mugford - Yes

Mr. Allen – Yes Mr. McDowell - Yes

Mr. Klinkenberg – No Mr. Roberts – Yes

Motion carried 4/2.

12. AI# 17

CASE NO. 2013071737 RS

City of Palm Coast vs. Perry A. Scholl, Sr.

16 Flint Hill Lane

(Palm Coast Code Section 44-34(d)(2) Parking of RV)


evidence was shown to the Respondent. Officer Sagala testified the property remains in violation. Staff

recommends a Fine – Violation Order and Administrative Costs. Perry Scholl, Respondent, presented his

side.

8


Code as charged; that the Respondent correct the violation no later than three (3) days after





Administrative Costs to the City in the amount of $60.85. Mr. Allen seconded the motion.

Roll was called:





13. AI# 46A


City of Palm Coast vs. Carole & Linwood & Natasha Taylor

72 Rolling Sands Drive



Respondent was not present. Officer Festa testified the property remains in violation. Staff recommends a

fine for the period of non-compliance and Administrative Costs.




this case; that the Respondent has not brought the property into compliance; that a $50.00

per day fine is imposed for the period of non-compliance from July 16, 2013 to October 1,

2013; totaling $4,050.00; and that a fine of $50.00 per day shall continue to run until the

property is brought into compliance and an Affidavit of Compliance has been filed by the

Code Enforcement Officer. The Respondent is further ordered to contact the Code

Enforcement Officer to verify compliance with this Order. The Respondent shall pay

Administrative Costs to the City in the amount of $61.30. When the property comes into

compliance, an Affidavit of Compliance will be issued. If the Respondent does not pay the

fine or request a hearing within twenty (20) days from the date of the Affidavit, an

additional amount of $33.40 will be added for Administrative Costs. Mrs. McDowell

seconded the motion.

Roll was called:





9

14. AI# 46B




(LDC & PC 602.1, 602.2, & 49.62(i) No Water in Residence)
















additional amount of $33.40 will be added for Administrative Costs. Mr. Copeland seconded

the motion.

Roll was called:





15. AI# 46C




(Palm Coast Code Section 35-76(a)(1) Stagnant Swimming Pool)



fine for the period of non-compliance, a Notice of Non Compliance and Request to Foreclose, and

Administrative Costs.




10

this case; that the Respondent has not brought the property into compliance; that a

$1,000.00 per day fine is imposed for the period of non-compliance from July 16, 2013 to

October 1, 2013; totaling $81,000.00; and that a fine of $1,000.00 per day shall continue to

run until the property is brought into compliance and an Affidavit of Compliance has been

filed by the Code Enforcement Officer. In addition, a Notice of Non-Compliance and

Request to Foreclose is ordered. The Respondent is further ordered to contact the Code





additional amount of $33.40 will be added for Administrative Costs. Mr. Allen seconded the

motion.

Roll was called:





Code Enforcement Manager Grossman advised the Board that the request for foreclosure will be brought

before the Board in 90 days.

16. AI# 4

CASE NO. 2013072010 BB

City of Palm Coast vs. Prestige Plaza LLC

110 Cypress Point Parkway

(Palm Coast Code Section 35-76(a)(1) Nuisance-Hazard Trees)

Landscape Architect Butler presented case history, paperwork and photos into evidence. The Respondent

was not present. Architect Butler testified the property remains in violation. Staff recommends a fine for

the period of non-compliance and Administrative Costs.


Code as charged; that the Respondent correct the violation no later than one (1) day after


Order, a fine in the amount of $500.00 per day will be imposed for each and every day the

violation continues past the aforestated date; that the Respondent is further ordered to

contact the Code Enforcement Officer to verify compliance with this Order. The Respondent

shall pay Administrative Costs to the City in the amount of $60.85. Mr. Allen seconded the

motion.

Roll was called:




11


17. AI# 5

CASE NO. 2013071847 REPEAT BMD

City of Palm Coast vs. Robert Norris

7 Billing Place

(Palm Coast Code Section 44-34(c ) Parking of Trailer in Residential District)

Code Enforcement Officer MacDonald presented case history, paperwork and photos into evidence. The

Respondent was not present. Officer MacDonald testified the property is in compliance. Staff

recommends a fine for the period of non-compliance and Administrative Costs.

Mr. Allen moved to find in this case that the Respondent was in repeat violation of City



2013; that a $100.00 per day fine is imposed for the period of non-compliance from July 25,

2013 to August 12, 2013; totaling $1,900.00. The Respondent shall pay Administrative Costs

to the City in the amount of $61.30. Mrs. McDowell seconded the motion.

Roll was called:





18. AI# 6

CASE NO. 2013062920 REPEAT BMD

City of Palm Coast vs. David L. Strand

34 Biscayne Drive


Code Enforcement Officer MacDonald presented case history, paperwork and photos into evidence. The

Respondent was not present. Officer MacDonald testified the property is in compliance. Staff





2013; that a $150.00 per day fine is imposed for the period of non-compliance from June 28,

2013 to August 17, 2013; totaling $7,650.00. The Respondent shall pay Administrative Costs

to the City in the amount of $62.20. Mr. Roberts seconded the motion.

Roll was called:




12


19. AI# 9

CASE NO. 2013071480 RECURRING MH

City of Palm Coast vs. Violeta Lara

81 Perthshire Lane



Respondent was not present. Officer Hadden testified the property is in compliance. Staff recommends a

No Fine Standing Order – Recurring Violation and Administrative Costs.

Mr. Allen moved to find in this case that the Respondent was in violation of the City Code as

charged and failed to correct the violation by the time specified for correction by the Code

Enforcement Officer; that the violation was corrected; that the violation recurred; that any

violation of the same Code by Respondent within five (5) years of the date of the Order shall

be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per

day may be imposed. The Respondent shall pay Administrative Costs to the City in the


Roll was called:





20. AI# 11

CASE NO. 2013080577 REPEAT MH

City of Palm Coast vs. Aaron & Leslie H. Williams

34 Pritchard Drive



Respondent was not present. Officer Hadden testified the property is in compliance. Staff recommends a





2013; that a $50.00 per day fine is imposed for the period of non-compliance from August 8,

2013 to August 9, 2013; totaling $50.00. The Respondent shall pay Administrative Costs to

the City in the amount of $61.30. Mr. Roberts seconded the motion.

Roll was called:

13





21. AI# 12

CASE NO. 2013070197 RECURRING PA

City of Palm Coast vs. Lewis P. & Marilyn M. Parker

13 Blakefield Drive

(Palm Coast Code Section 44-34(f) Vehicle Improperly Parked)

Code Enforcement Officer Arena presented case history, paperwork and photos into evidence. The

Respondent was not present. Officer Arena testified the property is in compliance. Staff recommends a








amount of $45.85. Mr. Copeland seconded the motion.

Roll was called:





22. AI# 16

CASE NO. 2013080623 RECURRING RS

City of Palm Coast vs. Michael V. & Maryann Reiter

6 Cute Court

(Palm Coast Code Section 44-34(d)(2) Parking of Jet Ski & Trailer)


Respondent was not present. Officer Sagala testified the property is in compliance. Staff recommends a








amount of $45.85. Mr. Copeland seconded the motion.

14

Roll was called:





23. AI# 19

CASE NO. 2013080716 REPEAT RS

City of Palm Coast vs. Darrell D. Thomas

65 Westchester Lane



Respondent was not present. Officer Sagala testified the property is in compliance. Staff recommends a


Mr. Klinkenberg moved to find in this case that the Respondent was in repeat violation of

City Code as charged based on the Board’s prior Order entered against the same

Respondent for the same violation; that the Respondent brought the property into

compliance on August 16, 2013; that a $150.00 per day fine is imposed for the period of non-

compliance from August 11, 2013 to August 15, 2013; totaling $750.00. The Respondent

shall pay Administrative Costs to the City in the amount of $62.20. Mrs. McDowell

seconded the motion.

Roll was called:





24. AI# 20

CASE NO. 2013070632 REPEAT JC

City of Palm Coast vs. William G. & Judith Gallo

83 Fortress Place



Respondent was not present. Officer Colasanti testified the property is in compliance. Staff recommends

a fine for the period of non-compliance and Administrative Costs.

Mr. Allen moved to find in this case that the Respondent was in repeat violation of City


the same violation; that the Respondent brought the property into compliance on July 22,

2013; that a $100.00 per day fine is imposed for the period of non-compliance from July 11,

15

2013 to July 21, 2013; totaling $1,000.00. The Respondent shall pay Administrative Costs to

the City in the amount of $62.65. Mr. Roberts seconded the motion.

Roll was called:





25. AI# 22

CASE NO. 2013042423 JC

City of Palm Coast vs. Alfredo F. Cortes

130 Sea Trail



Respondent was not present. Officer Colasanti testified the property remains in violation. Staff

recommends a Fine – Violation Order and Administrative Costs.

Mr. Allen moved to find in this case that the Respondent is in violation of the City Code as

charged; that the Respondent correct the violation no later than ten (10) days after this

Order is entered in writing; that, in the event the Respondent does not comply with the




Administrative Costs to the City in the amount of $60.85. Mr. Copeland seconded the

motion.

Roll was called:





26. AI# 24

CASE NO. 2013080232 RECURRING JC

City of Palm Coast vs. Gene Perrin

51 Sleepy Hollow Trail



Respondent was not present. Officer Colasanti testified the property remains in violation. Staff


16


charged; that the Respondent correct the violation no later than five (5) days after this





Administrative Costs to the City in the amount of $60.85. Mr. Klinkenberg seconded the

motion.

Roll was called:





27. AI# 25

CASE NO. 2013071377 RECURRING JC

City of Palm Coast vs. Timothy R. Deaton

19 Uhlerwood Court



Respondent was not present. Officer Colasanti testified the property is in compliance. Staff recommends

a No Fine Standing Order – Recurring Violation and Administrative Costs.

Mrs. McDowell moved to find in this case that the Respondent was in violation of the City





$5,000.00 per day may be imposed. The Respondent shall pay Administrative Costs to the


Roll was called:





28. AI# 28

CASE NO. 2013042961 LM

City of Palm Coast vs. Michael A. & Xiomeli Cordero

85 Birchwood Drive


17


Respondent was not present. Officer Mendez testified the property remains in violation. Staff



Code as charged; that the Respondent correct the violation no later than ten (10) days after





Administrative Costs to the City in the amount of $60.85. Mr. Roberts seconded the motion.

Roll was called:





29. AI# 29

CASE NO. 2013070958 RECURRING LM

City of Palm Coast vs. Sean B. & Martina Adams

30 Boulder Rock Drive

(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District


Respondent was not present. Officer Mendez testified the property is in compliance. Staff recommends a









Roll was called:





18

30. AI# 30


City of Palm Coast vs. Gregory & Yelena Moroshek

35 Rickenbacker Drive



Respondent was not present. Officer Mendez testified the property is in compliance. Staff recommends a









Roll was called:





31. AI# 32


City of Palm Coast vs. Ronnie & Julie Aguair

12 Serbian Bellflower Trail



Respondent was not present. Officer Mendez testified the property remains in violation. Staff


Mr. Roberts moved to find in this case that the Respondent is in violation of the City Code as






Administrative Costs to the City in the amount of $60.85. Mrs. McDowell seconded the

motion.

Roll was called:

19





32. AI# 33

CASE NO. 2012111369 MASSEY LF

City of Palm Coast vs. 31 Karat Path Trust

31 Karat Path


Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The

Respondent was not present. Officer Fitzgerald testified the property is in compliance. Staff recommends

a fine for the period of non-compliance and Administrative Costs.

Mr. Allen moved to find in this case that the Respondent was in violation of the City Code

as charged; that the Respondent failed to correct the violation by the time specified for


this case; that the Respondent brought the property into compliance on September 16, 2013;

that a $50.00 per day fine is imposed for the period of non-compliance from April 15, 2013 to

September 15, 2013, totaling $7,650.00. The Respondent shall pay Administrative Costs to

the City in the amount of $61.30. Mr. Copeland seconded the motion.

Roll was called:





33. AI# 34

CASE NO. 2013060487 MASSEY LF

City of Palm Coast vs. Joseph Patten & Ashley Phillips

18 Llacer Place

(Palm Coast Code Section 41-11(a) Trash Containers)


Respondent was not present. Officer Fitzgerald testified the property remains in violation. Staff


Mr. Copeland moved to find in this case that the Respondent was in violation of the City







20







motion.

Roll was called:





34. AI# 35

CASE NO. 2013060158 RECURRING LF

City of Palm Coast vs. Amber M. & Anthony Horn & Edward Michael Pockelwald

16 Llanes Place

(Palm Coast Code Section 41-11(a) Trash Containers)





charged; that the Respondent correct the violation no later than one (1) day after this Order

is entered in writing; that, in the event the Respondent does not comply with the Order, a

fine in the amount of $25.00 will be imposed for each and every day the violation continues

past the aforestated date; that the Respondent is further ordered to contact the Code



motion.

Roll was called:




Motion carried 5/1.

35. AI# 36

CASE NO. 2013061720 LF

City of Palm Coast vs. John L. & Stephanie J. Riso

9 Llovera Place

(Palm Coast Code Section 25-159(a) Swale Maintenance)

21










Administrative Costs to the City in the amount of $60.85. Mr. Copeland seconded the

motion.

Roll was called:




Motion carried 5/1.

36. AI# 37A


City of Palm Coast vs. Alan & Donna Joselyn

10 Zealand Place

(Palm Coast Code Section 44-34(f) Vehicle Improperly Parked)



a No Fine Standing Order – Recurring Violation and Administrative Costs.








Roll was called:





22

37. AI# 37B

CASE NO. 2013062497 LF

City of Palm Coast vs. Alan & Donna Joselyn

10 Zealand Place

(Palm Coast Code Section 44-34(i) Parking in Median)



a No Fine Standing Order and Administrative Costs.





repeat violation as defined by State law for which a fine of up to $5,000.00 per day may be

imposed. The Respondent shall pay Administrative Costs to the City in the amount of

$45.85. Mr. Roberts seconded the motion.

Roll was called:





38. AI# 38

CASE NO. 2013070795 LF

City of Palm Coast vs. J & D. Enterprises, Inc

57 Zinnia Trail

(Land Development Code 11.02.05 No Permit for Lot Regrade)





charged; that the Respondent correct the violation no later than three (3) days after this





Administrative Costs to the City in the amount of $60.85. Mr. Klinkenberg seconded the

motion.

Roll was called:

23





39. AI# 39

CASE NO. 2013070584 LF

City of Palm Coast vs. Mark A. & Cynthia A. Walker

57 Zinnia Trail

(Land Development Code 11.02.05(D)(1) Clearing w/o Permit)

Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. Staff

requests this case to be dismissed.

Mr. Klinkenberg moved to dismiss this case. Mrs. McDowell seconded the motion.

Roll was called:





40. AI# 40


City of Palm Coast vs. Gwendolyn E. CohenS

4 Zinzendorf Place












motion.

Roll was called:




24


41. AI# 41A

CASE NO. 2013071936 JF

City of Palm Coast vs. Leonid & Isabells Kapel

62 Radcliffe Drive

(Palm Coast Code Section 15-114(a) Rubbish/Trash/Garbage)



Fine – Violation Order and Administrative Costs.








Roll was called:





42. AI# 41B

CASE NO. 2013071438 JF

City of Palm Coast vs. Leonid & Isabells Kapel

62 Radcliffe Drive












Roll was called:

25





43. AI# 45


City of Palm Coast vs. Carlos A. Ospina & Martha C. Pinzon

29 Rockefeller Drive

(Palm Coast Code Section 15-1 No Permit for Structure in Back Yard)

Code Enforcement Officer presented case history, paperwork and photos into evidence. The Respondent

was not present. Officer Festa testified the property is in compliance. Staff recommends a fine for the

period of non-compliance and Administrative Costs.

Mr. Klinkenberg moved to find in this case that Respondent was in violation of the City



this case; that the Respondent brought the property into compliance on August 17, 2013;

that a $50.00 per day fine is imposed for the period of non-compliance from July 16, 2013 to

August 16, 2013; totaling $1,550.00. The Respondent shall pay Administrative Costs to the

City in the amount of $61.30. Mrs. McDowell seconded the motion.

Roll was called:





44. AI# 47

CASE NO. 2013080183 JF

City of Palm Coast vs. John W. & Allyson McGuire

32 Roxanne Lane






charged; that the Respondent correct the violation no later than three (3) days after this





26


motion.

Roll was called:





45. AI# 48

CASE NO. 2013061289 JF

City of Palm Coast vs. Magdalena J. Przydzial

10 Roxbury Lane






charged; that the Respondent correct the violation no later than ten (10) days after this






motion.

Roll was called:





46. AI# 51


City of Palm Coast vs. Roustem Guilmanchine

17 Pony Lane



Respondent was not present. Officer Romeo testified the property is in compliance. Staff recommends a


27

Mr. Roberts moved to find in this case that the Respondent was in violation of the City Code

as charged and failed to correct the violation by the time specified for correction by the Code





amount of $45.85. Mr. Allen seconded the motion.

Roll was called:





47. AI# 52

CASE NO. 2013051058 BR

City of Palm Coast vs. Marion Rocco

11 Port Royal Drive



Respondent was not present. Officer Romeo testified the property remains in violation. Staff


Mrs. McDowell moved to find in this case that the Respondent is in violation of the City

Code as charged; that the Respondent correct the violation no later than three (3) days after






Roll was called:





48. AI# 53

CASE NO. 2013010211 MASSEY BR

City of Palm Coast vs. Alan D. Plakota

22 Porwyn Lane


28


Respondent was not present. Officer Romeo testified the property remains in violation. Staff


Mr. Copeland moved to find in this case that the Respondent was in violation of the City













motion.

Roll was called:





49. AI# 56A


City of Palm Coast vs. George William Crisp

85 Wellwater Drive

(Palm Coast Code Section 35-76(d)(1) Nuisance - Accumulations)











Roll was called:

29





50. AI# 56B


City of Palm Coast vs. George William Crisp

85 Wellwater Drive











amount of $45.85. Mr. Allen seconded the motion.

Roll was called:





51. AI# 59

CASE NO. 2013080092 MD

City of Palm Coast vs. Sergey & Alla Grutman

12 Easterly Place


Code Enforcement Supervisor Donovan presented case history, paperwork and photos into evidence. The

Respondent was not present. Supervisor Donovan testified the property is in compliance. Staff

recommends a No Fine Standing Order – Recurring Violation and Administrative Costs.







amount of $45.85. Mrs. McDowell seconded the motion.

30

Roll was called:





52. AI# 60

CASE NO. 2013080181 MD

City of Palm Coast vs. Andrey Bagdasarov

14 Edgar Lane


Code Enforcement Supervisor Donovan presented case history, paperwork and photos into evidence. The

Respondent was not present. Supervisor Donovan testified the property is in compliance. Staff

recommends a No Fine Standing Order and Administrative Costs.





repeat violation as defined by State law for which a fine of up to $5,000.00 per day may be

imposed. The Respondent shall pay Administrative Costs to the City in the amount of

$45.85. Mr. Roberts seconded the motion.

Roll was called:





53. The following cases were continued until the next Code Enforcement Board meeting.

AI# 61A

CASE NO. 2013032202 MD

City of Palm Coast vs. Rudolph L. Melk

36 Edge Lane

(Palm Coast Code Section 15-1 No Permit for Exterior Alteration)

AI# 61B

CASE NO. 2013040004 MD


36 Edge Lane

(Palm Coast Code Section 15-114(a) Rubbish/Trash/Garbage)

31

AI# 61C

CASE NO. 2013040005 MD


36 Edge Lane

(Palm Coast Code Section 35-76(d)(2) Nuisance - Habitat for Vermin, Etc.)

AI# 61D

CASE NO. 2013040006 MD


36 Edge Lane

(Palm Coast Code Section 15-108(g) Maintain/Repair/Remove Structures)

AI# 61E

CASE NO. 2013040007 MD


36 Edge Lane

(Palm Coast Code Section 35-76(d)(2) Nuisance-Structure in Disrepair)

AI# 61F

CASE NO. 2013040008 MD


36 Edge Lane

(Palm Coast Code Section 15-108(a) Exterior Premises not Maintained)

AI# 61G

CASE NO. 2013040009 MD


36 Edge Lane

(Palm Coast Code Section 15-110(a)(16) Exterior Walls not Maintained

UNFINISHED BUSINESS

Chairman Mugford inquired about a case that was heard at the last Code Enforcement Board meeting

regarding a landscaper. Code Enforcement Manager Grossman advised the case went before the Flagler

County Contractor Review Board and a $1,500.00 fine was assessed with restitution to the property owner

in the amount of $6,900.00. Chairman Mugford stated he feels the Board is assisting our residents by

addressing contractor violations.

NEW BUSINESS

A request was made to post the Code of Ordinance regarding a particular violation, i.e., permit

requirements, on the screen to assist the Board members with clarification.

Mr. Klinkenberg inquired as to the status of political signage regulations. Code Enforcement Manager

Grossman advised the City Council is the deciding board and Mr. Klinkenberg may wish to contact his

Councilman to inquire about the status.

ANNOUNCEMENT OF NEXT MEETING: Next Code Board Meeting – November 6, 2013.

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ADJOURNMENT

There being no further business, the meeting was adjourned at 12:32 p.m..

Respectfully submitted,

Carol Hickey Secretary to the Board

In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any

of these proceedings should contact Wendy Cullen, at 386-986-3720 at least 48 hours prior to the meeting

or visit Palm Coast City Offices, 160 Cypress Point Parkway, Suite B-106, Palm Coast, FL 32164. If any

person decides to appeal a decision made by the Code Enforcement Board with respect to any matter

considered at such meeting or hearing, he/she will need a record of the proceedings including all

testimony and evidence upon which the appeal is to be based. To that end, such person will want to

ensure that a verbatim record of the proceedings is made. The City of Palm Coast is not responsible for

any mechanical failure of recording equipment.

All pagers and cell phones are to remain OFF while the Code Enforcement Board hearing is in session.

Documents

CODE ENFORCEMENT BOARD - Palm Coast, Floridaagendas.palmcoastgov.com/meetings/2013/10/123_M_Code... · 2013-11-14 · 1 CODE ENFORCEMENT BOARD Wednesday, October 2, 2013 at 9:00 a.m