T. Clig (1) M. Fitzgerald (1) D. (6) H. -2 LR E. (5) D. (6) J. Stenson (1) Commission Chambers, City Hall 301 South Ridgewood Avenue Daytona Beach, Florida CODE ENFORCEMENT BOARD CITY OF DAYTONA BEACH Date: NOVEMBER 8, 2012 9:00 A.M. NOTICE: Any person who decides to appeal any decision made by the Code Enforcement Board will need a record of the proceedings and for such purpose he may need to insure, at his own expense, for the taking and preparation of a verbatim record of all testimony and evidence of the proceeding upon which the appeal is to be based. The City does not prepare or provide such record. Any discussion or contact outside the Code Enforcement Board meeting with members of the Board concerning any quasi-judicial matter which is, or will come, before the Board for a vote are to be disclosed and made part of the record prior to or at the hearing on the matter. Members: Larry J. Stephens, Chairman; Rico Brown, Vice- Chairman; Lawrence Borns, Neil Harrington, Turner Hymes, Weegie Kuendig and Donald Smart 1. Call to Order 2. Roll Call 3. Approval of October 11, 2012 Meeting Minutes 4. Disclosure of Ex Parte Communications 5. Announcements 6. Lien Reviews LR- 1 CEB 04-04-72 318 South Street Stanley & Sally Jaroszewicz: was cited for failure to correct violations of Art. 18 Sec. 7 Violation(s): Peeling/Discoloring of paint on exterior walls; broken windows; overgrowth of landscaping and lot. Order Imposing Fine/Lien of $100.00 per day imposed 6/4/2004. Compliance date July 12, 2004 = $3,700.00 LR-2 H. CEB 04-04-73 326 South Street - Stanley & Sally Jaroszewicz: was cited for failure to correct violations of Art. 18 Sec. 4.4 Violation(s): Peeling/Discoloring of paint on exterior walls; broken windows; overgrowth of landscaping and lot. Order Imposing Fine/Lien of $100.00 per day imposed 6/4/2004. Compliance date July 9, 2004 = $3,500.00 H.
7. Hearing of Cases Continued Cases: 1 John C. Stenson CASE NO CEB 09-12-106 Chad Washington Life Estate c/o MaryEllen Osterndorf is cited for failure to correct violations of The Land Development Code, Art. 8 Sec. 2.7; Art. 18 Sec. 7.3; Art. 19 Sec. 1.1 (Ref. FBC Supp IPMC 302.7), at 1351 Continental Drive Violation(s) Parking in yard; landscaping; accessory structure (fencing) First Notified 6/21/2012 2 CASE NO CEB 09-12-111 Daisy M. Jones is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. FBC Supp IPMC 304.7), at 565 Live Oak Avenue Violation(s) Damaged roof First Notified 5/1/2012 3 CASE NO CEB 10-12-121 George & Ceyona Henderson is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. FBC Supp IPMC 304.2, 304.6, 304.7, 307.1), at 828 Magnolia Avenue Violation(s) Exterior wall paint peeling, damage roof First Notified 7/5/2012 4 CASE NO CEB 09-12-97 William S. Gay is cited for failure to correct violations of The Land Development Code, Ch. 90 Sec. 90-297(a), at 29 S. Oleander Avenue Violation(s) No occupational license for rentals First Notified 2/15/2012 ACTION TO BE TAKEN: Impose Fine (one-time $250.00). 5 CASE NO CEB 10-12-116 Robert & Chantal Pesce is cited for failure to correct violations of The Land Development Code, Art. 18 Sec 7.3.1; Art. 19 Sec. 1.1 (Ref. FBC Supp IPMC 302.1, 302.3, 304.13, 304.13.2, 304.2 and 304.7), at 128 S. Wild Olive Avenue Violation(s) Inoperable and broken windows; dilapidated walkway; outside storage; damaged soffit; peeling paint and dirt and grime First Notified 5/8/2012 Page 2
6 CASE NO CEB 09-12-102 Tudja & Kaival, LLC d/b/a Heritage Inn is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. FBC Supp NFPA 101, 13.7.1.4.8, 30.3.6.3, 13.6.6.8.3.0, 70 & FAC 69A-60.0081), at 1100 S. Ridgewood Avenue Violation(s) Smoke detectors not provided or maintained (Room 7, 18, 19, 14, 60, 62, 77); Repair all self closure devices on each door; Install or repair fire extinguishers; Install spacers in electrical panel on storage room; Any commercial, industrial, or multiunit residential structure of three units or more, which uses horizontal or vertical lightframe truss-type construction in any portion shall be marked with an approved symbol First Notified 6/7/2012 NEW CASES: 7 CASE NO CEB 11-12-132 Harvey Estates, LLC is cited for failure to correct violations of The Land Development Code, Art. 19 Sec.1.1 (Ref. FAC 69A-60.0081 & NFPA 10, 1.5, 10, 70, 1, 13.7.1.4.8), at 707 & 715 Harvey Avenue Violation(s) Any commerical, industrial, or multi-unit residential structure of 3 units or more, which uses hortizontal or vertical light-frame truss-type construction in any portion shall be marked with an approved symbol; Fire extinguishers having a gross weight not exceeding 40 lbs shall be installed so that the top of the fire extinguisher is not more than 5 ft above the floor and be less than 4 ft off the ground; install cover plate that is missing in unit 3; Smoke detectors in unit 3 and 6 are required to be maintained and operational at all times; Install fire extinguisher in laundry room that is missing; Missing smoke detector in Unit 11; Extension cord in Unit 11 First Notified 7/27/2012 8 Tom Clig CASE NO CEB 11-12-123 Gary M. Rose is cited for failure to correct violations of The Land Development Code, Art. 18 Sec. 7.4; Art. 19 Sec.1.1 (Ref. FBC Supp IPMC 304.14), at 412 Wisteria Road Violation(s) Failure to maintain exterior; Failure to maintain screens First Notified 6/15/2012 9 Michael P. Fitzgerald CASE NO CEB 11-12-124 Carolyn Ricany is cited for failure to correct violations of The Land Development Code, Art. 18 Sec. 7; Art. 18 Sec. 7.3; Art. 19 Sec.1.1 (Ref. FBC Supp IPMC 303.2, 303.6), at 1225 Waverly Drive Violation(s) Fading and peeling paint; garage door inoperable; broken or loose tiles on the front porch First Notified 8/10/2012 Page 3
10 CASE NO CEB 11-12-125 Hugh H. & Cynthia A. Barrett is cited for failure to correct violations of Ch. 90-297(a), at 149 S. Hollywood Avenue # 4 Violation(s) No occupational license First Notified 3/31/2012 11 CASE NO CEB 11-12-126 John & Frances Witherspoon is cited for failure to correct violations of The Land Development Code, See Attached Long Form, at 315 Michigan Avenue Violation(s) Fire Damage - See long form attached to the Notice of Violation First Notified 3/20/2012 12 CASE NO CEB 11-12-127 Barbara L. Patton is cited for failure to correct violations of The Land Development Code, Art. 19 Sec.1.1 (Ref. FBC Supp IPMC 304.2 & 304.6), at 129 S. Wild Olive Avenue Violation(s) Peeling paint on exterior wall & incomplete painted fence First Notified 9/22/2012 13 CASE NO CEB 11-12-128 Edward J. Kuprenko is cited for failure to correct violations of The Land Development Code, Art. 19 Sec.1.1 (Ref. FBC Supp IPMC 304.2 & 304.6); Art. 8 Sec. 2.7, at 141 S. Wild Olive Avenue Violation(s) Unpainted, dilapidated fence and steps; cracks on steps; remove wooden skid First Notified 6/14/2012 14 CASE NO CEB 11-12-129 Mary Angela Gamble & Timothy D. Hudson, Sr. is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1. (Ref. FBC Supp IPMC 304.2, 304.7, 307.1, 505.1), at 219 Haynes Street Violation(s) Damaged fascia; rotten window trim; trash; debris; garbage on premises; plumbing fixtures First Notified 9/18/2012 Page 4
15 CASE NO CEB 11-12-130 Michael Lloyd is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. FBC Supp IPMC 302.6, 304.10, 304.12, 304.13, 304.15, 304.5, 304.6, 304.7, 305.4, 504.1, 603.1, 704.1); City Code 90-297(a), at 735 Marion Street Violation(s) Damaged flooring; roof; windows; interior and exterior doors; exhaust vents; stairways; handrails and guards; foundation walls; all plumbing fixtures; mechanical appliances; No occupational license First Notified 8/14/2012 16 CASE NO CEB 11-12-131 Mormen Realty & Development Corporation is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. FBC Supp IPMC 304.2 & 304.6), at 327 S. Martin Luther King Blvd. Violation(s) Rotten, decayed fascia; wood; chipped paint First Notified 7/13/2012 17 CASE NO CEB 11-12-133 Burgoyne Properties, Ltd. and 180 Moon, LLC, a/k/a Moon Daytona, Inc. is cited for failure to correct violations of The Land Development Code, Art. 19 Sec.1.1 (Ref. NFPA 25, 72, 101, 13.2.2.2.3), at 176 & 180 N Beach Street Violation(s) Sprinkler system is required to be inspected and tested on an annual basis; No audio visual notification for the alarm system in the private lunge on the second floor that is accessed by key code access only; Sprinkler heads in the key code access room are below the decorative ceiling - remove the sprinkler heads pointed out; Panic hardware on the back double doors on the north side of the night club are inoperable. 18 CASE NO CEB 11-12-134 Beach Property Investment Group, LLC and Beach Properties Investment d/b/a Bayview Hotel is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. NFPA 101, 29.2.4.1, 7.2.8, 29.2.2.2), at 124 Orange Avenue Violation(s) Every unit with a window that is not operable must become operable as this is a secondary means of egress for residents; Rear fire escape is unstable, rusted through in many areas and not a reliable exit for secondary means of egress; Door on the second story rear exit must be self closing Page 5
19 CASE NO CEB 11-12-135 Stephen C. Kline Revocable Trust dtd 10-22-09 c/o Stephen C. Kline, Trustee and Investments Unlimited of Volusia County, LLC d/b/a Three Oaks Inn is cited for failure to correct violations of The Land Development Code, Art. 19 Sec. 1.1 (Ref. NFPA 101, 29.2.4.1, 25, 11.1.5, 26.3.4.5, 7.1.8 & FAC 69A-60.0081), at 331 S. Palmetto Avenue Violation(s) Sprinkler system is required to be inspected and tested on an annual basis; Sprinkler coverage on the first floor appears inadequate; Remove sprinkler head near room 17 where two sprinkler heads are next to each other (sidewall) - Install one pendant style sprinkler head for adqequate coverage; Extend fire department connection to the outside of the building where the connection is not under the porch; Painted sprinkler heads in Unit 15 and 17; Units 33, 38, 39, and 45 either have missing or incomplete numbers; Refrigerator in Units 5 and 16 must be directly plugged into the wall and not into a strip plug; All smoke detectors must be hard wired, needs corrected in Units 2, 5, 6, 8, 11, 16, 15, 17, 18, 19, 20, 23, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45; Install handrail that is missing on the stairwell going down the interior stairs from the first floor to the second floor; Install Light Weight Truss Sign (RF) 20 CASE NO CEB 11-12-136 Jessie L. Glock and Delmar J. Glock, Jr., as JTRS and d/b/a Hotel Delmar is cited for failure to correct violations of The Land Development Code, Art. 19 Sec.1.1 (Ref. NFPA 25, 72, 101, 13.2.2.2.3 & FAC 69A-60.0081) & City Code Ch. 90 Sec. 98-3, at 209 S. Ridgewood Avenue Violation(s) Install approved FDC sign next to the fire department connection; Install 90 degree elbow on the fire department connection as half of the FDC is not accessible; Alarm system has not been inspected or tested within the last year; Install Light Weight Truss Sign (RF); System has no back flow preventer 8. Miscellaneous Business 9. Adjournment Page 6