3 20 19 Code Enforcement Board - Volusia County, Florida
[ Captioner Standing By ] >>
[ GAVEL POUNDING ] . I would like to call to order the March 20th Volusia County board meeting. [ ROLL CALL ] >> We will go through any changes on the agenda. The first one is, we will not have minutes to approve on item four. We will put that off to another meeting. There is a name change, however they were properly noticed with this name. It is just an agenda typing error. Pages 10-11 , that property owner is T M clean property investments LLC. At the bottom of page 12, Bruce and Connie Tippins has been withdrawn. We do have a couple cases where the respondent has asked for a translator. We will have those after order of compliance being read. We will take care of our two respondents with translator requests at that time. I believe that is all of the changes.
The next item on the agenda is ex parte communications. Do anyone have any? I'll say none. Item number 5 orders of compliance. I will go through the cases and there will be a motion for the board to make an approval of these cases that are in compliance. Been, we will go through and do a roll call for certain cases to see who his here. We will do those first. Then, we will put the cases off where nobody is here until the end. Been, we don't have to enjoy those at that time. I will remind those attending to silence your devices, tablets phones and all those things that might distract or interrupt the audio recording.
First item for order of compliance CEB2016132-OUELLET MICHAEL & STEVEN . >> CE be
Mr. Chairman there is an addendum.
On the addendum,
George Huff, a compliance date of March 12 Mac 2019. With that the chairman will entertain compliance.
I move we issue orders of compliance in the aforementioned cases.
It has been moved by Harry and seconded by Don. ALL IN FAVOR . Motion carries.
Now we will hear the first of the two cases, I will go throw call. Sorry.
Since I already said it, I won't repeat it. If you are here for a case, say hello, or here so we know who is here. We will do the roll call now.
[ ROLL CALL OF CASES ] .
For those of you providing testimony, I need you to stand up to your right and be sworn in. Thank you.
Do you swear the testimony you are about to provide is the truth and the whole truth?
Thank you. Did somebody come in? Sanchez? Atencio? Thank you. And you were just sworn in? You raised your right hand and were sworn in to testify? Thank you. >> [ Inaudible Question ]
Top of page 7 for that.
Anyone else here for a case you didn't hear me read off? Fantastic. We do have a translator who needs to be sworn to testify. That is a little different swearing-in.
Do you swear and affirm that you will truly translate the questions propounded to you in English into Spanish and the answers from Spanish to English to the best of your ability?
All right. Thank you sir. Regarding the translator, we will go ahead and have the case on the bottom of page 9, CEB 201-9024, Horatio Loera. This is a hearing to regard impose fine regarding the property at 30 to 40 Cade Hill Drive, Deltona. We will hear from the county and have an opportunity for the property owner.
I am with enforcement for Volusia County. This was a story storage unit that was not permitted. I did an inspection on Monday on the property. There is a pile here. The next picture.
Do we need to give , Mr. interpreter do we need to give you time to translate what he is saying? Okay. So, speak in one or two sentences and then give him time. Do you want to translate what you just heard if you can? Sir , can you go ahead and do that for the Mike microphone? >> [ TRANSLATION ].
He is saying that the pictures that were shown were a previous time. Now, it looks different.
Yes sir, did you tell him the county is just giving an update and he will have an opportunity to talk.
[ TRANSLATION ]
And his response to that is? Does he understand?
He understands.
Okay. Keep going. Keep going. There we go. There is the comparison from 2019 and Monday .
[ TRANSLATION ]
Next slide. This is the property owner . You can see Monday there are piles of dirt on the property.
[ TRANSLATION ]
Next slide.
This was found not in compliance on March 15, 2018.
[ TRANSLATION ] he is stating that he was told not to touch anything and to leave it the way it is until today.
Yes or, I think what Mr. Mazzola is saying is that was the action that was ordered by the board last time.
Correct.
So did the board ordered him to clean the place up?
No.
[ TRANSLATION ] okay. He is stating that the gentleman here told him not to touch anything , to leave it the way it was and that is what he did. He is stating that if they gave him permission, he would clean it up.
Next slide. On March 15, 2018 this has been on the property since last inspection. As you can see in the picture.
I can't see that.
Slide number 12.
I think we are going to slide 12. >> There we go.
So we are still showing that the material is still on the property.
Yes. Still on the property.
Okay.
[ TRANSLATION ] he is stating he had knowledge the material is still there, but he is just following the orders he was given.
Okay. Next slide.
Is he in compliance now? If he was in a state of noncompliance, it would be a state of repeat violation. We need to go through the cases of noncompliance.
We are asking this property be dismissed with no complaints at this time.
[ TRANSLATION ]
We are asking the case be dismissed, not the property. He is in compliance at this time.
I will move that this case as a result of the evidence and testimony provided today, that we issue an order of compliance and furthermore dismiss the property.
Second.
Moved by Harry and seconded by Pete. ALL IN FAVOR . AYE I. >> Motion carries.
[ TRANSLATION ] he is asking if he could clean the property now?
Keep the stuff on the property. Don't remove it.
[ TRANSLATION ]
Mr. chair can I? Mike Nelson, we have a determination from the zoning enforcement official that you cannot bring Phil onto the property until there is a building permit. That is what is underlined on here. Basically because we did not have this interpretation , excuse me determination before , he can clean up the property and spread it out, but he can't bring more on until there is a building permit.
[ TRANSLATION ]
He understands. We will be glad to give you a copy of that.
[ TRANSLATION ]
Okay. Thank you gentleman. Edgar, don't go far.
I will be here.
We are going to go right to Mr. Hernandez, José? This is a new case. It is also Michael? Michael, don't go far. This is for José Hernandez. This is a possible violation , trailer improperly parked. I am in the middle of page 17. Also José Hernandez possible code violation , construction without the required permit. And or inspection approvals for property at 165 Birch Avenue. What we will do , and you can its plainness to the respondent. We will hear from the county first. He will give us the facts they have collected and we will give José an opportunity to respond. Please ask him if he is there to contest the facts that the violation occurred or is just here to provide us information.
[ TRANSLATION ] >> Is he here to contest or provide information?
[ TRANSLATION ] okay. Okay. He is saying he is here to tell you that he has removed the trailer from the property and the construction has been removed.
Okay, so he's here to provide us information. We will hear from the county so we know all the facts. This is the first time we are seeing it. We will give him an opportunity through you to give us information.
[ TRANSLATION ]
Okay, Maikel. Please in the sink sentences --
We have here the destruction of the front porch and a trailer in the yard. Here is a picture.
[ TRANSLATION ] okay. He says that picture doesn't show what the property looked like. There was a small bar that was removed. It was taken away from the property.
Okay. Let's have Mike give everything and then he will have the floor. So, might will do all the facts and share with José the facts . Then, we may have questions for Mike and he will have the floor.
[ TRANSLATION ] he has it.
Thank you Edgar. >> We see plumbing and electric coming out of the bathroom at the inspection. You can see the yellow cord , the electrical cord. And that is plumbing coming out of the garage. That is the extra electrical work and plumbing being done on the property.
[ TRANSLATION ]
Not yet. Next slide. There is a trailer in the front yard. And here is a range in the garage that is hooked up. I haven't checked it yet, but it is on the property. It was used the day I came in. Next slide.
Let Edgar communicate.
[ TRANSLATION ] he acknowledges those things were there.
Next slide. A trailer in the front yard . August 10 come in 2018 his letter was mailed. September 15 , 2018 the trailer is still in the yard.
[ TRANSLATION ]
I got another complaint about the front porch condition. After close inspection, I could see the steps to the house are destroyed and the trailer was still in the front yard.
[ TRANSLATION ]
A one-01-2019 I noticed and mailed a notice of violation.
[ TRANSLATION ]
Next slide. A one-14-2019, Mr. Hernandez came to the office to say he would fix the front porch. I gave him until February 14, 2019 . On February 25, 2019 I mailed hearing board letters. February 26, 2019 I posted the property for violation and board hearing.
[ TRANSLATION ]
The recommendation is to have the property found not compliant .
[ TRANSLATION ] can he talked?
We are going to ask if any of the members have questions of Mike . Do any members have questions of Mike?
Yes. [ Inaudible Question ]
I have not done an inspection
--
[ TRANSLATION ]
Is his trailer still there? >> According to this picture it was still there.
[ TRANSLATION ] okay. Okay.
He says the first time he moved into his house, he had the trailer removed.
[ TRANSLATION ] okay. Okay. He removed the first trailer and then he bought another trailer that he used to remove the debris from the porch. And that one has also been removed.
So any other questions of Mike?
What instruction are you talking about in this?
The front porch in the work in the garage and kitchen. The stove and stuff like that. It is not permitted.
[ TRANSLATION ] >> This is Chris from the Volusia County enforcement. I was there last Friday in the trailer was still in the front yard and he was in the process of removing the front porch roof. There were still posts in the ground but you could see he was still working on it.
[ TRANSLATION ]
The construction you mentioned Mike with the yellow cord and plumbing --
The garage wall. I don't know where it was going. But I saw a sink and stove in the garage.
So is the sun connected?
I believe so, you have to ask him. I believe the stove is connected too.
Do you have any idea what they are going to do with it in the garage?
No I don't.
[ TRANSLATION ] he said he still has the sink outside the laboratory , wherever that is for the laundry. It is still there but it is not connected. He has the pipes but the connection is not working. He said he will have it removed, but right now it is still on the property.
What about the stove hook up in the garage?
[ TRANSLATION ]
he said his wife likes to cook in the garage, because she doesn't like the smell inside of the house. But he states he told the gentleman here that he would have it removed , but as of right now it is still there.
Mike, if he removes the stove will that take care of the electrical cord outside and that electrical issue?
I am not an inspector, so I don't know what the electrical has been done to the property.
So we need to get a ten-day electrical inspection for safety issues?
Yes.
Mike Nelson, I think what we need to do is when the gentleman is done, he is obviously in progress in taking care of these issues. When he has the issues done , have him call for an inspection and Mike can make an appointment with the building inspector to go by there. If the inspector see something he is concerned with, at that point we can issue the notice to disconnect. I don't think we need to do it right now. Are we okay with that?
[ TRANSLATION ] . He is asking if he can have the stove in the garage without being connected?
If he is storing it in the garage, the answer is yes.
[ TRANSLATION ]
Not connected.
Is it possible he could obtain a permit for a summer kitchen or whatever and have these properly installed outside the house? If there is a permit?
Mr. Ashley would you like to address that one please?
Yes sir. Good morning . Scott Ashley with the senior zoning office. We can allow a summer kitchen as long as it is under a roof or a porch not in an enclosed area. Typically these are in the backyard area of the home. If that is what you are proposing , that would work.
[ TRANSLATION ] . Does he need a permit for that?
He will need a permit, yes.
[ TRANSLATION ] . He is asking if he can use the stove in the garage with a permit.
Mike Nelson again, that the answer is no. At this point let's all the violation. If he has questions on what he can do, he can address it with staff.
Ma'am?
[ TRANSLATION ]
Shall we entertain a motion? >> I move , is this the right section cited? Typically construction on permits are a different number than this is listed as 110.1.
It is 105.one is a permit and a 109.3 is the inspection approvals.
So what is 110.1.
Without the codebook, I don't know sir.
So we are good with the way it is written? Thank you. That is the first time I have said 110.1. Thank you. Do you want to entertain a motion?
I move in the case of CEB 201-9083 and 201-9084, that we find him in noncompliance .
Can we go to the recommendation slide please? The regal. Thank you.
Noncompliance
of a date of April 12, 2019 and a hearing to impose fine on April 17th of 2019.
Second.
It has been moved by Don and seconded by Vicki. Do you want to share what we are voting on?
[ TRANSLATION ] . Okay. He has stated he has been following his directions and right now the family is going through a rough patch . He asks for a little bit more time to be in compliance .
Staff would not have a problem with a little more time.
With the motion maker and the second or --
Absolutely. If we pushed it into May, with that be sufficient? What are the dates in May please?
The hearing is May 15 . I will modify it.
The compliance date will be May 13th with a hearing to impose fine on May 15th.
[ TRANSLATION ] . He is stating that he is going to make every effort to be in compliance and will notify the gentleman who will inspect.
Yes, when he has completed remedying the violations, have him call Mike. Mike will come with the building inspector and we can show he is in compliance and he doesn't even have to come to the hearing.
[ TRANSLATION ] >> Before we vote on that I have a question.
It has been moved by Dawn and seconded by Vikki .
White couldn't to meet the April deadline? What is holding that up ? I understood the port is almost gone. I understood the trailer is able to be moved , especially one supported down. Why is it going to take that extra month? What will require that extra time?
[ TRANSLATION ] . He is going to the process of a divorce. If you give him 10 days, he will have it in compliance.
What we were going to do is April, now it is May. That is okay. I just wondered if there was any particular problem with construction or something else.
No, he says it is a family matter as far as going to the process of a divorce.
We gave him till May, but if he has it done sooner, he just has to contact Mike and get it taken care of.
[ TRANSLATION ] .
It has been moved and is seconded. ALL IN FAVOR
AYE
NAY
It carries.
One more case out of order for the sake of our zoning staff. It is on the bottom of 18. James and Pamela Fontaine. It is a new case. Violation of chapter 72, article II division 8 section 72-282, fence , wall or head over the maximum height allowed. Who do I have before me?
James Fontaine and Pamela Fontaine.
Okay . Thank you Ricky. We will hear from Debbie. I am sorry , are you here to contest or to provide us information?
Provide information.
Thank you. We will hear from Debbie regarding the fact that she has collected. Then we will give you an opportunity. You are welcome to stand or have a seat.
Debbie from code compliance. This case involves a concrete block wall in violation of the maximum height. It was reported to staff in 2018. The complainant stated the contractor was constructing a wall on top of a retaining wall and it was majoring as high as 11 feet. A permit was issued in -- on May 18, 2018 for concrete block wall. However, that is currently exceeding maximum heights.
In July of 2018, the variance was denied to exceed the maximum height. In September of 2018, there was a request for a rehearing made. However, that request was also denied. Notice of violation was mailed and certified and notices were returned to sender in December 2018. Many staff members have been working with contractors in an attempt to find a resolution, including gross management. Can you go to the next slide? The email dated December 7th for Mr. Irvin, you can see the contact administrator was working with the building , zoning and environmental to find a resolution on the outstanding issues. With the wall and the amount of fill on the property. He was willing to meet with the contractor at the time. The email on the right stated that clearly there were major issues on December 10th regarding the wall and the amount of fill that was brought onto the sides. Fast-forward down to wanting to meet at the site and required the removal of the block wall since it clearly violated the zoning regulations of the wall height. I made contact with the property owners for the first time after the notice of violation was posted at the site in February. We set up a meeting on March first Matt where we met with Mr. and Mrs. Fontaine to discuss the violations. Some of the options for compliance , they stated they were unaware of some of the things that were going on at the sides. They were cooperative and willing to comply. Notice of this hearing was hand served that day . I believe it will take time to correct. We have neighbors in the audience and the Fontaine's are here also.
Good morning. As Debbie stated --
Does anybody have any questions of Debbie?
Okay sir, thank you. And name and address? Thank you.
Jim Fontaine and Pamela Fontaine, 6270 S. Atlantic Avenue. We reside in Cassimy.
Go ahead.
When we received the citation and we had the meeting , understanding what was going on with the height of the wall , we brought in another engineer . The engineer is now going to look at doing another grading . That will be to the height of a six-foot wall. >> Any other questions for the property owner?
I may have a conflict on this. I realize , I did a wall design for Ricky Schrader. Not for the Fontaine's, but Ricky sent me some plans. It is still on that property. I will file a conflict.
Thank you.
I remembered it when I saw the pictures.
The only question I have is, if you hired a contractor, you just let them do everything they needed to do and you weren't there to oversee it? You didn't know what was happening at all?
We had an idea what was going on, but we were not there and overseeing it. Since it started in October 2017, we might have been there a dozen times .
You said you have another engineer working on a grading plan to redo it, to lower it. That is the only thing you really could do to address it and bring the wall back down. So, that takes a while to do that. Right? I mean you are probably involved in doing that, right?
As they try to get new grading to work into the six-foot wall, it will take a little bit. The survey is being redone with new elevations to build a six-foot wall. Once they get that, it should be sent to the county for approval. And we will proceed from there. >> Is there somebody interested in this case, and neighbor that would like to speak? What you see here is what staff is recommending. I have not had a motion. Name and address for the record?
Lori Schweitzer. I am here with my husband. We live at 60 to 60 North Atlantic Avenue in New Smyrna Beach. We are full-time residents. We are very happy this issue is being addressed. I have shown before the Council a couple of times that this was in progression. We are happy this is being addressed. Our concern is that as part of the plan goes forward, that there is protection for our property in place as they make these corrections to their property. When this was in process before and we were actually doing interior work, renovations , our garage flooded three times with as much as six inches of water that came all the way interior to the garage. It was because of this water and silt washing over the retaining wall. I understand this is an issue they need to deal with, but we need to have some sort of protection in place as it is being dealt with.
Yes, that is the responsibility of staff to review those grading plans they are having prepared. >> Okay. I am happy it is moving forward. I just want to make sure that something doesn't come in and take everything down and it is a month later and we are getting close to hurricane season. Thank you.
You are welcome. Is there anything to add Scott? Okay. Ma'am? Name and address of the microphone please.
I am Jane:and I am at 6288 South Atlantic Avenue, on the south side.
The microphone wasn't very loud , so I didn't hear if there were new plans. I have the same concern as the Sweitzer's . I am getting an uncontrolled swell on my side.
The property owner has stated they are preparing new plants.
I can't react to them until I know what is being plant.
Okay.
Thank you.
You are welcome. Staff is recommending June. Is that a timeline that works with you? Okay? Is there a chair to entertain a motion? Okay?
I would like to say one more thing. Miss Jane and the neighbors coming up , I think that was part of the plan. Where the six-foot wall wasn't big enough to protect the neighbors. I shared with everybody, I Dawn't want a six-foot wall. I Dawn't want an eight foot wall. I Dawn't want a wall period. But we have to do that for retaining . Right now there is stuff going over there. I think the plan was to access our property across their property. What doesn't make sense sometimes, when you look at that is that we try to make it work right. We tried to do the right thing. When we had a six-foot wall originally, before we took the house down, it needed a six foot wall to retain everything. Now, we have a six wall again, but we had to go up another two and half it. When you have a six-foot wall originally to hold everything, because we had to build our property another two and half feet how does that wall work again? That is complicated and that is what the engineer is figuring out. But when we go higher, the wall should provide the protection. The engineer will find something to protect all the property.
You are going up because of the finished floor elevation?
Yes, we are.
The difference is it is because of construction. It is going on pilings , so the fill is not to be structural fill. The existing home they demolished to build that the new one needed the field because it was on the dirt. It was structural fill. This does not need to be there. It was a choice.
Do you still want to add something? Is it -- sir, let me ask my question. Is it going to assist -- is it going to assist us in making the motion for June 5th ? Or do you think it will shorten it?
I need to be hurt.
All right.
Once we get that done with the engineer and everybody, we will get that to approval and folks will look at it. I think we will have a plan going forward on what we have to do.
Thank you sir.
This is an injustice .
Name and address please.
Ricky Schrader. The reason for this is the county allowed a home to be built three and half feet below the crown of the road next door to water. When I hear this baloney that because of what we are building allows six inches of water to come into the home, that is false. That is false. My frustration is this. I have been built on that beach for 40 years. I started out as a union carpenter doing condos, hotels. And the last 33 years as a builder building mostly on the river and the ocean. At one time we were the second biggest buyer than Lowe's. The county has created this. There must be 10 homes up and down that six block area where water runs into the home. There was a fight retaining wall before we got started. We went for a variance. Pete engineered it and Pete gave you a letter recommending that the variance be approved. He is on your board. Humbly speaking, --
Be careful about something. I wrote that letter as an opinion of what you showed me for the data for support of year variance request. And you took that to the CL RDC. It was reviewed and I didn't have anything to do with that whatsoever. He asked me for a letter regarding how I felt about the retaining wall and I wrote it up. It didn't have anything to do with his board whatsoever.
So we got denied on the variance. So we said, what do we do?
Ricky, we have no control over the CL RDC.
This has nothing to do with the decision as to whether or not the work can be done prior to June 5th. That was the thing we are trying to determine. I thought you were going to get up and give us a discussion saying --
I am giving you a discussion that this is wrong.
I understand.
Mike, you are wrong about the house being on pilings.
Gentlemen, I think it is time for a motion.
A call for emotion.
I will put a motion for noncompliance for the compliance date of June 5th and a day to impose fine on June 19th based on the evidence we have heard today.
Second.
It has been moved and seconded . All those in favor signify by I bee >> BS. If you would listen to the contractors when you make these rules you could save millions of dollars in hurricane damage. It isn't funny. This is what we do for a living.
Just to clarify,
Failure.
We Dawn't make the rules , --
Why Dawn't you do something about making the rules fair --
That is the Council and the and 14.
It is a bunch of BS.
Good luck Mr. Fontaine. That is about five minutes late? Where is our -- yes thank you.
I have the next case being the top of page 5. For someone who is present. CEB 201 8035, old New York LLC regarding two cases. For the property at 2001 old New York Avenue , Deland. We will have might give us an update and then you will have an opportunity.
We had vehicles on the property and storing automobiles. Slide number 5. It is a beautiful tree . You can see in number 6 there is the tree. The next slide, number 7. You see the car is removed in front of the tree. That was the last time he was here for a board hearing. Next slide. This is on Monday . You notice the cars are gone under the tree. I counted about 30 trees and sorry, it was 30 cars on the property. He said he moved about 65 vehicles. That is what is left on the property on Monday. Next slide. Here is a closer picture of them. Next slide. There are some more. And next slide. Next one. March 18, 2018 we estimated about 30 more vehicles on the property. Next slide. He was asked to impose a noncompliance and issue a fine. If compliance is not achieved by April 18, the total cap a fine is 14,200. Are there any questions of Mike? >> I know you have been doing a ton of work here. Name and address for the record ? We have been getting updates on this case.
Yes. 691 Schell Harbor Road. And your name is Greg. Give us an update.
Basically, I am doing what I can. Their is about 15 or 16 left in front and the rest are in the back behind a fence. But they inform me they have to be gone too. My bobcat broke again so I am a one-man show doing the best I can. I Dawn't know if I can get the other 30 out in that month they have given me. I will do the best I can. That is all I can do.
And this is a collection over how long?
32 years.
But not all of them are 30 years old?
No, they are not. They have antique status . Some of them do.
What kind of timeline do you foresee?
I would like three months to be honest with you. I will call him as soon as it is done and come and have it checked. I want it off the radar.
We appreciate you helping us.
I am doing all I can.
Mike, what is the pressure on this?
Very low-pressure. The complaint level is low. There is no complaint level at all.
How does staff feel about three months?
We, whatever the board's wishes are we Dawn't have any objection.
Three years. I am just teasing. That is a joke. Joke. It is whatever the desire of the group is.
He is making great progress.
Every time we get updated, it is progress.
I am a one-man show. >> The second page doesn't tell us what it is. It just says a duplicate.
The storage of vehicles
is one thing, and the other is that they are in operable.
Okay.
So we either do an amended order for 90 days or 60. You are looking for 90 . Okay. What is 90 days down the road? What is that going to be? April, May, June something? What is the June meeting?
June 19th.
I move we issue a amended order saying June 19th with a hearing to impose fine unless compliance of June 13 , 2019 is meant.
It has been moved by Pete and seconded by Dawn. All those in favor? Signify by saying I.
AYE .
You have three more months before we start talking a fine schedule.
You brought up an interesting point about my neighbors being one of the complainers. It is not a complainer, it is an unhappy business partner not the neighbors.
I think this came from Spring Garden.
Yes it is part of that.
I'm sorry about that.
Basically is not people that live next to me. Everybody is on a hit list and possibly for no reason.
We try to find that balance. We apologize. Thank you sir. The next case I have is a bottom of page 5. CEB 201-8174, Janice and Brian Potter. Yes sir? This is for a case at 679 yellow Road in Deland.
This is about a gazebo. Here is a picture of it. You see in plain view and he has no final inspection on the gazebo yet.
Okay.
Brian Potter, 679 yellow Road , Deland, Florida. The variance, we are at the point where we have done everything up until the variance. Because of the cost of the variance, it has set us back. We have an ongoing permit that we have had to delay on our fence. We can't afford to do that. Anyway, I do have the paperwork. It is filled out. I have a couple of other things that have to be done before I can submit it. They make it very clear it has to be done right. I am going to go there today. My intentions are to go there after this meeting and talk with staff and see what else I have to do before I submit the applications so it doesn't get kicked back.
And that is an application for variance?
Yes, the gazebo is 16 inches too high. That is it. Everything else has been done. I apologize it has taken me so long to get to this point.
It must be height of an accessory structure?
It is 16 inches. The roof of the gazebo is 16 inches too high. Basically, it is because of the pitch I wanted it to match the house. It just came out that way.
All right.
You see April 18th date there. Can they be resolved by then? >> What variance board meeting would it be?
When to apply it will be probably 60 days at least, just because of the way they plan the agenda.
I understand. >> There is no danger or anything. And he is going through due process. Is it okay to push this down ?
That is why I am asking about the date. Let's do an amended order.
Once I do the application , it is in their hands and I Dawn't have any control of their timeframe.
If you do an amended order you can come back and tell us where you are and that will put you in due process. How about that? We have April 17th as her meeting, is that right?
Yes.
4-17?
Yes. How about an amended order of 4-17? And we will see what is going on.
I have one question. Does he have a permit for any of this work?
There is no permit yet.
So there is not even a permit?
But he can't be issued a permit -- I'm sorry I didn't mean to talk over anybody. The permit application will be in limbo until the zoning issue is solved. If you want to go 60 days Pete, we Dawn't have a problem with that.
What is our May meeting?
15, I think.
I move we issue a fourth amended order setting may 15, 2019 as a hearing to impose fine and a compliance date of May 12 Mac.
Second.
It has been moved by Pete and seconded by Vicki, all those in favor signify by I.
AYE .
The motion passes. City days to hopefully get through the variance process, sir.
Thank you.
I didn't do any plans for this on you did I?
Scott engineering? I do a lot of these and I just want to make sure I am not making a problem for something I can't vote on.
Speaking of that, he did abstain on the Fontaine case. Let the record reflect that.
That is it sir.
Thank you. I hope the rest of your day goes better than previously.
It can only get better.
Next up is CEB2018297-SPENCER ROBIN & CHARLES L FUTCH . It is a hearing to install impose fine for construction without the required permit. We will hear from Margaret and get an update from you folks.
I am Margaret Godfrey of the Volusia County code compliance. This was originally in front of the board in November for no plants. The last time I was out there it was still up. She has pictures here to show her taking it down. I recommend an order of imposing fine lien. It began April 18th, --
These share the pictures with us.
I am recommending an amended order for 60 more days until the May hearing. She is starting to take it down. She said she was going to, but she just started.
It is about half gone.
So we are seeing progress.
Yes. Staff will recommend an amended order until May 15th hearing for another 60 days or so.
Mr. Chairman I will move in the case of 201-8297 as a result of the testimony and evidence provided. With a hearing to impose fine on May 15th Mac.
Second.
It has been moved by Harry and seconded by Pete. All those in favor? Motion carries.
There are 60 more days. Keep at it.
Thank you very much. Top of the page 7 . CEB 2018310 , Carol and Max yokel. Margaret also. This is a property regarding 19 silk Oaks Drive near Ormond Beach. It is a crumbling retaining wall.
Margaret Godfrey of Volusia County code compliance. This case was in front of the board on November 21st and found in noncompliance. There has been no permanent applications to date. It looks like she is doing work without a permit.
Okay.
They have the property right behind . They are the ones who emailed me those pictures yesterday.
This is at the property line?
Yes.
Okay. We spent a lot of time explaining next steps here. Okay. I mean, not okay.
Staff is recommending Hearing to impose Fine/Lien to begin April 18th with a cap of $22,000. I have had no contact with her since then. She is now doing repair work, but there is no permit.
Is there any difference in the way she is doing repair versus a new wall?
It looks like she's putting something new in there. She is framing up. She has pulled down some cinderblock.
Excuse me, at this point it is not holding structure. It is but a retaining wall to hold the structure . It looks like we are close to the height. If we are not over two feet it does not require a permit. >> Does it require offense permit?
No, not at this point. So, I Dawn't think we have a problem with the permit .
If she is repairing the wall, that is not necessary.
So you Dawn't need a permit to replace what she tore out to fix the issue?
If it is not over two feet , if it was holding a foundation for a building or some other reason, right now it is basically
a retaining wall. It is as much of landscape wall as a retaining wall compared to what we saw in the earlier case.
Sir? Name and address ? Are these your photos?
Yes. I didn't take them, but I provided them. The name is Scott Wheeler. I live at , well I Dawn't live there but I own the property at 18 Sunset Boulevard. I want to provide these. You have already answered one of my questions, if a permit was needed or not. I guess that is answered, if that is below two feet. I honestly Dawn't know.
Yes. But that perspective of that picture --
There are three other pictures. Bee so you still have an issue of accounting wall. But your property is in the foreground? Your property is in the foreground of this picture?
Yes. Anyway, what I want to briefly tell you is, it looks like they just started on it. A couple weeks ago they did this much and no one has come back since then. That is just one end of the wall. The other one they intend to replace as well. If we can stop on this one, it concerns me quite a bit. That crack is caused by a giant tree on the other side of this wall, almost right up against it. Between the tree and the root system, that wall was leaning at about 35 degrees at one time . It looks to me like someone has pushed it up so it looks more upright right now , but in the process of doing it, what was a small crack is now a very large one. My concern is, if all she does decide to do is fill the cracks, that tree is going to push it through again in a matter of time. I Dawn't know how long.
So , this well-being 32 inches tall , is this where we need a permit?
According to chapter 1 of Volusia County code enforcement, it needs a permit.
Okay. A brief question.
Forgive me for not understanding. Was she just supposed to have started the wall by the state or completed the repairs to the wall? This date here?
She was found for not maintaining structure . So, she had until this day to come into compliance .
Okay. That is what I wondered.
We are considering beginning a fine .
I am an A personality. I am difficult on people. You have better judgment. That is what we wanted to do, show you the full pictures we had of the wall. That is the status of it right now. I am a little disappointed that we didn't complete it or even close to completing it. Someone took those wooden forms a couple of weeks ago. And no one has come back to do anything. That is all I know.
That is the good news, because that is progress? Or is that just a Band-Aid?
Sheet led me to believe that one time that she had no intention of doing anything. I guess it is progress.
But she was here with the person who is going to do the work. I remember we talked all about being able to be on your property to do the work and we went off on a tangent. >> Yes.
What is the desire of the board?
What was your recommendation?
It was cited conditions remain unchanged , but we have photos that show a difference. Very much, and change.
Something was started and didn't get very far.
But by no means cured.
This still gives them another 30 days. Maybe that will give a little interest in coming back in here. I am inclined to go with the recommendation. Anybody else have a different point of view?
Izzy 18th the day after the meeting?
Yes.
I move in this case and based on the testimony received today that we establish a fine of $100 a day to begin on 4:4- 18-2019.
1000 is a lot for a while. Is that because it is a percentage?
You can reduce it to Pete if you want. You can make it reasonable.
It seems like it is more in the range of a $10,000 project. That is more than enough to get somebody's attention on something like that. I say we capped it at $10,000.
Second.
It has been moved by Pete and seconded by Dawn. Motion carries. All right sir. We are on it.
One final question , when somebody has finished, will somebody come out and look at it.
Yes. You need to get a final inspection of the wall and code enforcement so things that are progressing like this, the clock that is running get stopped appropriately.
Thank you kindly.
All right sir. Next is CEB 201-8455 , guidance you Sanchez at 2514 old New York Avenue regarding offense. A fence. Right gentlemen, we will hear from the county for an update and then you are welcome to give us an update. All right. Christopher? Good morning.
I am Christopher Hooper of Cole County compliance. These cases were presented for fence construction and building without permits. They were presented in December 19, 2018. Last week they were found in noncompliance. Since that time there have not been any permits applied for. The owner did come in yesterday and said he is trying to separate the property into two parcels I believe. He said he had to pay property taxes to be able to do this. And he needed to separate them in order to start the permitting process, from what I understand. Staff recommendation is for fine start next month.
All right. What are the other slides?
In the picture --
I see a wedding photo.
Yes we have slides that shows the items. There is a fence circled and a building which are the items that were potentially constructed without a permit. The other slide is from slides five through nine shows advertising. The use is not allowed and is found in noncompliance.
Okay this may have been when I wasn't at the meeting. I am up to speed now. What is the desire of the board? Are there any other questions for Christopher? Okay.
Gentlemen? Name and address and give us an update.
Javier Hernandez .
Can you step closer to the microphone? >> We want you to speak into the microphone and Christopher shared with us you are trying to split the property? But that you still have to
cheer the use not allowed and permits for fences.
Everything, because of that he is trying to get everything in his name to get the permits. He has been here several times to take care of that. >> Are you acting as your uncles representative or you interpreting?
Just interbreeding.
As an abundance of caution, can you swear him in as an interpreter as we did the two previous cases? We can make sure as we provide information, you are providing information to your uncle and he can answer. Otherwise , if you are also representing him, we can take your testimony, but I want to be clear on the record that you are interpreting.
I have been here so many times.
I remember. I know.
Javier can you go to the right and she will swear you and as an interpreter.
Do you swear or affirm that you will truly translate the questions propounded to you in English into Spanish and the answers from Spanish to English to the best of your ability?
All right. He has been sworn in. What kind of timeline does your uncle need to solve the tax issue, change the property and get the names resolved in the fence permitted and stop doing events not permitted? Did I get it all?
[ TRANSLATION ] . He says it is hard to tell a timeline because first he has to get everything situated with his taxes and apply for the permit . He has no idea how long the process of each part will take.
How long do you think it will take to clear up the taxes?
[ TRANSLATION ] . I don't know if you want to see this letter.
Yes, we have the capability if you want to show what it is that seems to be the barrier. Right now, we are considering starting fines in one month.
I have a question. The use of the building, which is noncompliant , has that ceased ?
[ TRANSLATION ] . No , not the events in the picture.
He certainly has the ability to stop that right now. I would be happy for a statement that he is going to cease those immediately.
[ TRANSLATION ] .
Is there a date?
He says he is willing to testify to that , as long as you tell him what to say and how much time he has two basically take care of all of this. A timeline of getting into compliance.
As I say, I am concerned with what he has the ability to do right now, which is to stop the noncompliance piece of the building.
[ TRANSLATION ] .
He can't do any events at all?
No. Their that is right. They are not allowed .
[ TRANSLATION ] . He said he will stop.
Is he going to cease immediately?
Yes .
So that is a matter of record.
Where are you trying to split the property? Are you going to cut it down the middle of the barn , or is the front going to be one piece and the "one piece? Any idea?
Go to previous slide four.
[ TRANSLATION ]
Three.
He --
One more slide, maybe two? Yes. There we go. Is that the one with the aerial?
He said the top picture that runs behind those buildings , he has to join those two in order for him to get a permit. He has bought the front facing the road and he has to link them in order to complete it.
So, you are joining properties not splitting.
They are divided right now.
There are two properties are trying to make one.
Yes, that is the only way he will get a permit.
You are seeing two different zones on those properties at this time?
Site three has the zoning I think. They are all I one.
He said they should be the same zone. >> One looks like residential and the bigger one in the back of something else.
They all say I 1.
And the letter from the overhead?
We are getting a copy of the letter.
Thank you. Just because , two days ago the property appraiser's office was performing this.
That is relatively easy to combine. It is splitting that is much more difficult.
The only issue was with the taxes . Nothing is in his name yet. All the warranties and everything.
The property appraiser is in the process of evaluating it.
They get a parcel number assigned to it so they can get to the combination process. That is what I am getting out of this. We are seeing this for the first time, too. I and getting a copy of it. I apologize for not having it available.
Based on what you see on that letter, it looks like they are trying to combine them so they can go through the process. It must be nonconforming besides.
Regardless of the parcel , using it for events that was found in noncompliance, those have to cease. Or there will be fines if we find evidence there are events there. Do you want to share that with your uncle please?
[ TRANSLATION ] . He is anxious to get this taken care of, because he wants to move forward and everything wants to be done.
Under oath, he has agreed that from this date forward there will be no use of that building in any noncompliant way until such time as it is authorized, if ever.
[ TRANSLATION ] .
How many events were already scheduled?
[ TRANSLATION ]. He has four. Right?
What dates are the four? What is the earliest and latest?
[ TRANSLATION ] . Two in March and two in April. The end is April 30th.
With a scheduled prior to our hearing last time? Or did it happen after?
[ TRANSLATION ] . They were already scheduled.
He did it a while back.
So the letter states they are dividing the land, but they must be splitting that area off a larger parcel, then joining it to the one with the house in the front. Is that what is happening? So there is a split and adjoin.
[ TRANSLATION ] .
I think you are warm. >> Is it reasonable to say that they will cease all events after May?
Okay.
There may be an issue that it appears that one of these parcels , the one the property appraisal is trying to assign a parcel number 4, that it may have been an illegal subdivision to start with. Otherwise , it would have a parcel number . I am not sure what they have . I know he is trying to work through the process. I'm not saying he can't, I am just saying there may be more to this than meets first blush.
Yes. The task of the property appraiser's office may take some time. Okay. What is the desire of the group?
I just want to make the statement that if we allow him to continue with these events, there could be other issues, life safety issues, fire issues , etc.
Absolutely.
We can't allow something that doesn't meet zoning requirements anyway.
What is before us is two violations. One is the no permit and the other is the events. The evidence has been presented , and this is a hearing to impose fine. We have heard the evidence that showed the events took place . It is not allowed in that zoning category. Under the circumstances you have you also have construction without permits. That hasn't changed any. You are in process of trying to resolve it and there are underlying issues related to confining combining parcels etc. That will take a while to unravel. But , there are two things before us. One is a permit issued, which you can apply for a permit . There is nothing to stop you from applying for the permit, but the issue is that the permit can be issued until the underlying land issues are resolved. But it will go a long way to show that what you have is permissible or not permissible and what revisions you may need to make. And number 2, the events are something you can control. That is going on. My feeling is we move with the recommendation to start the fine, or we could do one more amended order with the understanding that the amended order is only going to give you 30 days to further process what you need to do and come back before us to show what is going on.
These are two separate cases. Why can't we do a motion for one and --
One is controllable and the other is not. The events are controllable , and I realize you may have some dates, but that is immaterial.
We need to decease, absolutely.
I think the two orders --
Does your uncle have control of the property where the fence is? Is that in his name?
[ TRANSLATION ] .
Yes. That portion --
The PowerPoint slide with the red oval in the fence . Oh the fence encompasses the whole property?
Yes.
Okay. All right. It will take a while to resolve the first case because he has to have ownership of that parcel and they have to find what parcel he has ownership of. It is hard to get a permit for offense. But the events are under his control as you said.
I think with the case of the events, if he ceases immediately as he has sworn under testimony to do, the major problem is solved as far as I am concerned. The rest is a matter of procedure and following one thing after another . That then is a separate issue.
With regard to the use, all we have is an order of noncompliance. I think the idea of splitting those two and handling them separately makes a lot of sense.
I am moving towards a motion on the case of events for the fine to start in April.
Seconded. >> I move case based on the evidence we heard today for Sanchez, we will establish a fine to begin on April 18, 2019 of $50 per day to run until compliance is achieved for a cap of $5000.
Moved by Pete and seconded by Vicki. Javier? We are voting on $50 per day beginning April 18th for the event with a maximum of $5000 .
Question, does that give them implicit approval to conduct events until such time?
All it does is start a fire. Fine. If it is not in compliance
it starts a fine.
At that date? Yes, you are starting a fine at that point. Does that give him authorization to conduct business until such time X >> ?
That isn't even before the board.
Can you share with your uncle that we are about to impose a fine of $50 a day with a $5000 maximum starting on April 18th.
So $50 a day just becomes cost of doing business. Should that be higher?
You have to take into account the cost.
That is a good point.
I think that works out to $1500 a month.
What do you think would be more appropriate?
$150 a day? Okay.
I would like to amend my motion.
To increase the fine to $150 a day and run until compliance is met or until April 18th.
I second.
The person that made the motion and the person that seconded the motion changed it to $150 a day with the $5000 maximum.
Question before the vote please. Are we giving him then implicit approval to conduct business as normal until such time as that date comes up?
We have no control --
I am waiting to ask a question please.
No.
Russell, Attorney. This board has no authority and pleasantly or otherwise to approve or not approve any action by any respondent. So, it is his decision whether he decides to comply or not comply. However, you incentivized him to comply by your action today. That is the best the board can do. Charlack do you agree or disagree?
I agree.
No, that is fine. I just want to make sure that this man leaves the room knowing what he can legally do or not do.
All we have done -- multi speak
That is fine.
Javier, have you shared with your uncle that the board is very concerned about events happening in a building that was not met for an assembly of people. There are all kinds of things that can happen in a bar not designed to host a wedding.
Yes.
What we are doing is incentivizing him to not violate, because a fine of $150 date will be for the steep. That is a motion before us. Okay? >> It has been moved and seconded. Moved by Pete and seconded by Vicki. All those in favor, signify by saying I.
[ Inaudible Question ]
Okay. As long as the violations occur, we can keep revisiting the site. This isn't a one time, and went to get a violation we can revisit this is what Charlie explained. Do I have a motion on the fence? The previous case. >> I think an amended order so we can get more information about what is going on. If nothing moves ahead, we can put more pressure on. The amended order would be for the April 18th meeting.
This fencing isn't going to go.
That is true it will take a little time. I just want to keep pressure to keep it moving. When did we say the May meeting was? May 15th?
Yes.
There is discussion going on back there. So, I guess there is not
The chair will entertain a motion.
Did we lose Don?
I move the case for Mr. Sanchez , based on the evidence we have heard today that we issue a first amended order of noncompliance setting may 15th for a hearing to impose fine and may/as compliance.
Second.
It has been moved by Pete and seconded by Vicki. Javier share with your uncle that until May 12th , he can resolve the fence issue or be back here on May 15th to give us an update on where you are at the parcel issue so you can get a permit for the fence.
And the building.
For clarity, the unpermitted construction is also about the building, right? That is what is being said?
That is about the red circles that show the fence and the building.
[ TRANSLATION ] . He says he just wants to get everything up to speed.
I stand corrected, the building also. Basically, you will be back here in two months to give us an update with getting that all approved. Okay? Thank you.
Since we have limited it to the events -- [ Inaudible Question ]
Until there is a change of use permit and the life safety provisions put in place, the building should not be occupied whatsoever.
Agriculturally?
It should not be occupied because wasn't used as an agricultural structure. I am going to say don't occupy it until we have the permit for the use it is intended.
Moved by Pete . Vicki did you second that? Okay . Moved by Pete and seconded by Vicki. All of those in favor signify by saying Trenton. Motion carries. We will see you in a couple months. Thanks gentlemen. Keep at it. Middle of page 8. CEB 2018507, U.S. alternative lab resources. You were out of the room when we did roll call. Somebody spoke for you. Also, CEB 20 18508, U.S. alternative lab resources. Cases regarding a property at 121 Sand dunes Drive near Ormond Beach. The name and address for the record?
Have we checked to make sure she was sworn in? She was in the restroom.
No, I was in the restroom.
Thank you Vicki.
You share swear the testimony you are about to give us the truth and nothing but the truth?
All right. Robert, good morning. Robert is going to give us an update and you will give us an update.
Robert, Koda compliance officer. This case is before the board last month . Unfortunately, I wasn't here . There was a finding of noncompliance at that time. What she has done since is have contact with planning and zoning to start working on the progress, or on the process . From what I understand from talking to her, she is trying to look for setback information to see where she needed to be. It looks like she is trying to go for a variance at this point. There has been no change on the property. Last time it was inspected was 3-4-2019.
I assume the variances are in regards to the setback?
Yes sir.
Okay. Any other questions --
[ Inaudible Question ]
In order to do a variance , you have to attend the application meeting. You have to tell them what you're going to do and come up with what the variance request is going to be for and how to work it. Then they schedule that. It is at least 60 days before you will get a PLRDC hearing on it. It will take a while. I would say that you have a better than average chance in a case like this because there is very little impact on adjacent property. At least that is in your favor. It is always up to the board to make that decision. So, with that being said --
I was wondering, do you have anything to share with us? How far in the front yard?
Basically, I had a survey done . It was showing that it was eight feet encroaching into the county. But it was counting the overhang , the top part of the pergola sticking out. I have cut off the front as much as I could . Now it is five feet . When I talk to the survey guy, and I was trying to hire a builder . He told me that I didn't need to move the post. If I do that, I wouldn't really have a pergola , because there is not much room. Or he said apply for the variance. I was trying to reach multiple different people. I spoke to someone in zoning and planning. I saw her today as well. We have already scheduled a meeting for Friday at 3 PM for a prehearing.
Is it Yolanda? >> It is Jessica, but the meeting is with a gentleman.
Okay. That is step one.
Are the polls basically aligned with the face of the garage and porch?
They stick out about one and half feet.
It sounds like the garage and the porch are in the front yard.
Yes, I was surprised when he said eight feet. It is really not much past the garage. I have pictures that I have taken to show.
Obviously, you need more time to work and have that meeting on Friday. What is the desire of the board?
It is definitely not a safety issue for a couple of posts. With the order of may 16th give you a chance to get those orders?
It has been moved by Pete and seconded by Don. All those in favor , signify by saying Trenton. Opposed? Motion carries. There is more time. There is a
There's a variance hearing coming up.
Thank you so much.
First timer seeing the case. And then we'll give you an opportunity. Thank you.
2018, fire damage to the house. Violation
letter. Mr. Hoyle. On 1-22-18, Mr. Hoyle still has plans in review August 2018. 200609. Notice of violation and board hearing.
For the record. Did you say 2018 or 2019? What's the date? What's the year?
Of all of these days? 19?
First was 18. That was the first one. Then there was a plan review. Then it expired.
January 22nd and 24th are correct. It's 2018 in the year?
Uh-huh.
But --
01-21-19.
So that one is a 19.
Yeah.
Okay. Then that application expires in August?
Okay.
February 02062019. Notice of violation. Staff is asked the property to not be found with compliance. April 122019. Postponed April 17, 2019.
Are you going to present these cases one at a time?
Yes.
Okay.
This might take a little longer than the other two.
Okay. All right. So yes. Because I did not read the other two cases. And then the other thing I was going to mention was, let the record show that Member Needham had to leave for another appointment. So we're down to these four. You must stay until we're done. Mr. Hoyle, on the structure. Tarp on the roof?
My house caught fire. I've been trying to get a permit. And I've had a problem with engineers. I had to fire one, hire another. And they promised me I'd have it in six weeks. It took them five months to get my plans. I do now have a permit officially. So as soon as I get my roof done, I got a permit issued as of yesterday, finally.
Okay. Excellent.
If you have a permit, doesn't that extend the time frame out some? Or did you want -- is this one of those, where we wanted to hear the case first before finishing that permit process?
I believe when we reviewed this case for this meeting, we did not know that there was a permit issued.
Okay.
Then and that's why we have these meetings.
That would change it.
That being the case, usually what happens is, these permit time frames are six months. Is that right?
This permit is valid until September 16th.
All right. September 16th. Do you want an amended order to -- oh. We're in a violation situation.
Yeah, yeah.
Yikes.
What do you to want do?
Fine a noncompliance and dismiss?
Set the hearing to impose fine for September?
This is -- yeah.
Okay. We'll do that. Because it was in violation. If this process has been what it has been.
Sor, we're sidebarring. But I believe that we should withdraw this case, with the permit being issued because it wasn't construction without a maintained. It was not maintained. So by him getting the permit, as long as he follows through. If not, we'll bring it back.
All right.
That will work.
I'll moved that based on staff recommendation, we dismiss the case.
All right.
Withdraw.
Withdraw.
Excuse me.
Pete moved to withdraw. Cb18327.
I don't think the withdrawal requires board action. The staff will withdraw at this time. Is that right?
Correct.
Cb209154. Same subject property. Possible violation division 2, 72-241. Junkyard were not permitted. And you want to handle these together? Ceb190925. Same. Chapter 118 traffic and vehicles, article 2, abandon vehicles, section 118.34, vehicles without a current tag.
Code enforcement. Right here, we have junkyard, with abandoned vehicles. Picture of a junkyard. And more junk on the property.
And that's the backyard. Plus, you see a car on top of the pile there. In front of the building. I did section abandoned vehicles and yunk yard on the property. 02-08 -2019. Notice. Sav found not in compliance. Impose fine April 17, 2019.
Any questions?
Mike, would you give us some testimony with regard to the inoperative or current license plate?
There's a car in the junkyard. Yeah, it's a car lot.
How about the one just below that?
That one -- this is my brother's.
Is it working?
The other is not on top of each other. It's [ Inaudible ]
Tagged and registered?
Yes.
And running? That's running and everything?
Yeah.
How about the other two cars? Running --
That one is for sale. And that one does not belong to me. Which it will disappear by the end of this week.
Is it tagged and running?
No. That one is for sale.
Which makes it right now, not tagged or registered.
Okay.
Any other questions, mike?
All right, Josephive give us an update on these cases or what time you need or your plans. You shared with us on the site, the slide. Or what about the rest on slide 4?
If it's in a trailer, it's easy to get rid of.
Yes. It's going to.
Well, I was taking stuff out of the house and everything. I was told I needed a permit for that. To stop, cease. So --
Now you have that.
Yes.
Excellent.
I'm going to be taking care of all of it now. I have a permit to get it all done now.
Okay.
Been waiting and waiting and waiting.
I have a permit and I can haul whatever I need to haul off now.
60 days. Yes. 90 would be better.
Now he has the permits and now he can get rid of it.
It's not -- you don't have neighbors calling.
No.
No, we're fine.
April, May, June? June what? Something close to the 20th.
Meet suggest June 19th. -- meeting is June 19th.
Thanks, Mike.
I move that in case. I'll do both of these at once. 01 019034 and base 035. This set of compliance, dated June 15, 2019. And the hearing to impose fine on June 19, 2019.
All right. Moved by Pete. Seconded by Harry. All of those in favor will signify by saying aye.
Aye.
Motion carries.
So brother comes for the van. Somebody pays you twice what you want for that car. And that one is cured. And then regarding the stuff behind the fence, once you've had some time with that. Otherwise we'll see you again and give us an update then and decide whether to begin the fine or spend more time.
Sounds good.
All right. Good luck, sir. Happy construction.
Appreciate it.
Next case I have is top of page 13. Richard and James geiger? Also a violation of chapter 22-02. 110.1. Construction without authorized personalities. Property at 2232 Jason street near Ormond Beach. Are here to contest this or provide information?
Information.
Okay. And what comes of that?
We'll see.
All right. We're going to see, too, with Margaret, given us, what she's collected so far. All right. Oh, there's a second case. Thank you. Ceb2019003. Same secretary subject property. Jason street. Possible violation of ordinances. Section 72-341, parent b, fence erected without a permit.
Margaret Godfrey, code compliance. On May 17, 2017, staff received a complaint about a fence that looked like it was made with telephone poles. Put up without permit. Also a shed put on the property that does not have a permit as well. And after the fence permit was issued but expired December 27, 2017, without any inspection, requests or approvals. Notice of violation was received in June 2018. After the shed permit was applied for but canceled, due to lack of activity. So excuse me. So yeah, that permit was never even issued. The application itself canceled. As staff has spoken to Mr. Geiger about the violations. And he is trying to comply. But that is about all that was done. February 22nd. The property was posted with a notice of hearing. And at that -- there has been no further contact. That's not true. There has been. Essential request was granted. But the permit for the shed still expired yesterday. And again, the fence permit was never issued. So staff is recommending an order of noncompliance. With a hearing to impose April 17th.
The first case is for the shed. Second case is for the fence. But there was a fence --
Permit.
Permit. Back in '16?
Yeah. It was applied for, but it was never issued.
This says expired.
The application expired.
Okay. That helps. Any other questions for Margaret?
All right. Sir. Give us an update. Tell us what is going on?
My name is James geiger. I live at the residence of 2032 Jason road. This all started because that front fence you seen was made out of 4-by-4s and it was falling down. At the time, I worked for the railroad. And I was on vacation. So I told my mom, hey, you know what? Let's fix it.
Yeah, that's fixing it. [ LAUGHTER ]
I talked to one of my buddies. Iron horse Billy and said, you know what? I got the thing for you. We got telephone poles laying out there. I said, all right. Seeing how these four-by-fours don't last no more than about 20 years, in about 20 years, I'm going to be about 70, so I want to replace them. We're going to use something I ain't got to replace. Hence the fence.
Got it.
Then shortly after we started this project, my mom died and I had to leave the railroad, to come take care of her.
Sorry.
Hence the end of the project. So once that happened, the funds ran out. And .
She didn't die.
I work now for Halifax Hank. Get this finished. It's going to look really cool. The top of the pole is going to look like chess pieces and castle.
Is the fence you applied for in similar in height and configuration?
It's exactly. And as far as the shed. I done some work for this guy. At -- actually own the shed company. Not own the shed company. But whatever. Out there at the flea market. I done some work for him. And he goes, hey, do I have a deal for you. So cost me another -- [ Inaudible ]
Sorry. What? [ LAUGHTER ]
But anyway. I wound up giving the guy $300. And he gave me the shed and had it delivered to my property.
All right. So sheds required them to be attached and wind --
My backyard is so wet, it ain't even funny. If I can get, say, two weeks of dry weather, I can get some shell in there. Lay it down. Move the shed where it needs to be. Right now, can't even get a piece of equipment back there.
Okay. So what we're looking for is maybe dust off that old fence permits, so it's the same thing as your building. Then you can apply for that. And then come in and apply for where to put that shed?
We applied for the fence permit, June 11th.
Okay.
And for whatever reason. We're now finding on the 12th, we were violated.
Of June?
Yes. I've got the receipt for when we paid.
And possibly it was --
I have no idea.
Well, if it was permit after the fact --
We paid for all the permits tried to get all of that done.
Okay.
And now we came back down here. I found the stuff posted. And then we came up a couple of weeks -- about a couple of weeks ago, and reapplied again.
Well, we signed some papers to, I guess, reinstate --
It was an extension request.
So the things you're --
Was that last week?
And then his brother, because his brother receives all the notices.
You all have been sending to the address where we live.
We sent it to whatever property we have.
No, it has been going --
That doesn't need to be going to my brother. He has nothing to do with the property, other than his name is on T.
By Florida statute, we have to notify --
We don't have notice of anything.
And after filing the extension.
2032.
2032 Jason. I'm going to make sure stuff gets mailed there.
What we're going to probably do here is give you sometime to work out that permit issue. And permit office is around the kosher here. And see what that is.
We're doing them together.
I went to him. And he gave me the paper work. And I brought it to the office. And they said that this is not what we need. And I brought it to --
Something about a raised ink, whatever that is.
And I asked again three times. He said this is the same paperwork I give to all my customers and it goes, everybody else is fine. But now, we're not? I don't understand that.
That's a question for the permit office. I don't know what it is. That's wrong with that package with product approval.
The shed ain't even where it's going to be.
Well, you have to show on a survey, where you're going to put it, to get the permit to do it. Typically, you do that ahead of time.
But don't move the shed.
Don't move the shed, until you get a permit.
Correct.
Well, I can't move the shed until I get a place to move it to.
Yeah. We gotta get the ground right.
What is the desire of the group?
Well, 60 days ought to be plenty of days. You're already a couple of steps on the way. That will just give you plenty of time to get the paperwork out of the way. And when that happens, it's -- how is that?
That's fine.
60 days?
Yeah.
That will put us into May 15th, I believe, if I remember?
Ain't that my brother's birthday?
Yeah. Make sure the home and stuff.
Please.
Yes, ma'am.
I will.
I move that case ceb2019 01 and 003, Richard James geiger that, based on the testimony and other evidence presented today, be found in violation of state ordinance and set a compliance date of May 12th and hearing to impose fine May 15th, 2019.
It's been moved by Pete, seconded by Vicki. All of those in favor, signify by saying aye. Motion carries. All right. Visit our permit office.
Randall. Would you look at the paperwork and please figure out what they need to do?
We already did.
Well, Randall will help you in the rear of the room.
Talk to him.
That is a one-stop shop.
Not a problem.
Thank you both. You have been a pleasure to talk to.
You all have a great day.
Ceb008. Marina Jones. Junk yard were not permitted. 1543 east vores. And
ceb1 ninety. Article 2. Abandoned vehicles. Section 118.34. Vehicles that are not operative. Same subject address. And I have a couple of people before me. Name and address, please. Alisa Jones.
And your relationship?
Marina is my 9-year-old daughter.
You going to be speaking? [ Inaudible ]
Name please.
Jim Davis. 1543, east avenue.
So mike is going to give us what he has collected as evidence. Then we'll give you each an opportunity to respond.
Code enforcement. Junk yard. Abandoned vehicle. There's a picture of the front of the yard. This slide. There's the backyard. This junkyard. This slide is a truck on the property without a tag. 11-20-2018, I inspected the property. 11-20-2018, I mailed violation order. Mail researched. Saw some improvement on the front of the junkyard. January 15, 2019, did an inspection for the case before the board hearing. 1-18-2019, mail returned unsigned on 02-13-2019. Property in violation of code board hearing. 02-06 I did another inspection of the property. Left a door tag hanging with a new violation. Posted the property with other violations, including board hearing letters.
Okay.
Ask that the property be found not in compliance. And hearing to impose fine April 17, 2018.
Any questions for mike?
All right. Like to give us updates on the property?
Sure. The truck in the front yard has been sold to the scrap yard. And the one in the backyard is for sale. It's not my truck. It was a friend of mine's truck. That was leave it there until he sold it.
So if we go back to slide 3. That takes care of the trucks. How are we doing here?
We are trying to repair the roof in the barn. We had things outside underneath tarps. And then, it's just taken more time than I thought it would. We had a lot of family problems and different things going on. We have been working on it. His truck had broken down. So we aren't been able to take some stuff to waste management here until recently.
Do you have a permit to fix the barn?
The roof? Or the tree top? No.
To repair.
You have to, so you might want to pursue that.
How much time before you think all of this will be put back in the house or the barn?
Maybe a few weeks?
Few weeks? Okay.
So how about two months. Instead of going into April, we'll give them until May.
That would be great.
Would be better.
So that would be May 15th and May 12th. I move that case
ceb2019018 and 090, marinna Jones. Based on other evidence presented. We find in violation of state ordinance. May 122019. And hearing to impose fine May 15th.
Moved and seconded by Vicki. All in favor, say by aye.
Aye.
Motion carries.
So there's a month.
Good luck with it.
Thank you.
You're welcome. All right. So -- and when you get things put together, give Mike a call. And say, hey, we got it all cleaned up. Thank you.
Top of page 14. Ceb20190190. Anita Rockwell. Chapter 72, article 2 division 9. Section 72-341 (b). I have a gentleman standing observe me. Name and address. You're representing the property owner?
Representing kay Rockwell. Yes, sir.
And are you contesting the violation or providing us information?
Providing information and a suggestion.
Okay. Thank you, Matt. We'll hear from Margaret because this is the first time we're sorrying it.
Bush county code compliance. Will March many 15th, complaint. Inspection confirmed the violation. July 13th, certified notice of violation was received. August, the permit application was submitted. And there was a following request for additional information from our zoning department. Because it is a waterfront property. So it has to be 3', so many feet back. And according to the the site plan, that was, it's 4'tall. Excuse me. Supposed to be 3 feet toward the water but it's 4'tall. As in after the fact. an e-mail was sent to Ms. Rockwell. And it doesn't look like it went further that. I understand she has some health issues. Application was about to expire. Request was never responded to and the permit expired February 23rd. The application expired, excuse me. Staff is recommending noncompliance and hearing for April 17th.
Any questions for Margaret? All right. Matt? You're welcome.
Ms. Rockwell was trying to be here today. But I just got an e-mail from her that she's sick. She's very sick, in fact. But we are working towards compliance. What I'd like to do right now is go through the variance process. I'm asking for 90 days for us to get that submitted. I think that that will be successful at which we can fine noncompliance now if it suits the board. But I'm asking for naint days instead of the 30 that.
I'm sorry. I think 90 days -- [ Inaudible ]
Ought to be.
We'll see where it's at and if needs a little more we'll do an amended at that point.
Did your client have a survey of the property? Because that's going to be --
Yes, the site plan was submitted for the permit application.
It okay. Good because that can take quite a bit of time.
That's less than 25% --
Still said --
Exemption.
Still said --
The opassity is fine. I think it's the height. With any typical law, it's the height.
I thought there was an exemption.
There is, if it's less than 25% of opacity if I'm saying that right. I might be backwards. But my understanding is that the height requirement is not the same. The 3 foot is not the same. But we've talked to the county about that. And we're sort of dealing with that issue as well.
Okay.
It's certainly less than 25%.
That's why we have our zoning experts in here. Because my opinions of what the zoning says and the experts don't always match. So I try to be careful with what I say. Sounds like we have a valid question. I think we're fine. Just give them time.
Okay. So --
Well, you know, not ready for a motion. And things go your way. The time frame goes away.
Yep.
I moving case ceb kay Rockwell based on evidence presented today we find in violation of state ordinance of a compliance date of 90 days. What that is that going to be? May?
June.
May 12th? And hearing -- what was it? June 20?
June 19th.
Hearing to impose fine June 19th. Compliance date, June 13, 2019.
It's been moved by Pete, seconded by Harry. All in favor signify by saying aye.
Aye.
Motion carries.
Got a lot of work done while sitting there.
I did.
Thank you, have a good day.
Bottom paiblg 15. Ceb076. Enrique Hernandez. Subject property is 3233. Division 7. Section 72-241. And also a case at the top of page 16. Ceb2019077. Same subject property for possible violation of court ordinances. Working truck tract tractors. Couple of people in front of me. Good morning still. How are you?
Good.
What's your name for the record.
Enrique Hernandez.
Are you here to contest the violation or provide us information?
Provide information.
We're going to hear from mike first. Then we'll hear from you.
Mike mazola, code enforcement.
We have dump trucks on the property. About three or four of them one day. And this is after 2/27. They were all gone. In compliance right there.
02-08.
Why isn't the case closed?
02-08-2019. Mrs. Hutchins spoke to Mr. Hernandez about the trucks on the property, gave him a warning. Then an inspection. And you'll notice a lot of activity on the property. 02-22-2019, I mailed a certified violation letter. And code board hearing later. 2-25-2019, staff is receiving high level complaints in this area of del tona. I posted the property for violation and code board hearing letter. And staof is asking the property not be in compliance.
What is the date of the picture of slide 2?
We have high level of complaint.
On the 13th. Obviously. And then the 27th.
Clear.
Okay.
But on the 25th. There was a bunch of e-mails?
Yes. Uh-huh.
Okay.
Mike I have a question about your -- 19076. Have you that written down as the section for junkyard?
The use of the truck. Parking the truck on the track. Parking the truck on the property.
Okay.
There's a use of it. Using the trucks for personal use. Used it for the farm. Using it for personal use on the property. It was his trucks.
Okay.
Mike, 076 is what?
Is the cus of parking the trucks. 077 is parking truck or tractor-trailer ? I got 077. It's just the 076 is not identified.
Here on the screen, he has 241. And the force resource zoning.
One is the use and one is the truck.
I'll move -- well, we want to get --
Yeah. Me and my dad drive trucks. And sometimes we drive from centerville. Most of the time, we park in Orlando at a yard. But if I finish the day over here in new Smyrna, I have 10 acres, I'm not going to drive to Orlando, to then get that i-4 traffic back. I'm also building a house. I own this property and 3232 north drive. Which is a residential property. I'm getting a house built there. And a lot of the dump trucks, dihave them parked at the house. A lot of them are friends of mine that are helping me get dirt there. And if they're helping me, at the end of the day when they're done, you know, the least I can do is say, if you want to just park over here today, and that's pretty much what was going on. I've had trucks on and off the property. I've been there since '06. For the last 10 years, on and off. So I'm -- I take it somebody was mad. And obviously, there's like five construction homes -- or five homes being constructed on that road right now. So obviously there's going to be a lot of traffic, a lot of construction, heavy equipment. I've never had a complaint, regarding the trucks, so I just. Ed to make that and kind of show that we're trying to fix it. We don't want any issues.
Unfortunately, you don't have -- what we're going to do probably is have a finding of noncompliance. And then find -- dismiss it. Because you're in compliance now. What that subjects you to, though, is if their trucks come back, then you're subject to have a much higher fine as a repeat violator. So the fact that you might have some friends that want to drop the truck off there, probably -- it's going to cost you if you do. Same thing with your truck.
So I can't park my truck there at all, ever?
Apparently --
Not for -- for farming.
I use it for farming.
But business to go to a landowner, you can't do that.
Okay. So if I'm using my truck for the farm --
If you go back to slide 2. You know, if those trucks are being used for feed, or something to support agricultural purpose, then yes. But if it's aggregate, then no.
Okay. I got it.
Or any other. Forestry resource, the zoning district that you're in, does not allow the parking of large vehicles.
Yes, ma'am. Name and address for the record is this.
My name is Olga Rodriguez and I'm his mom. I mean, sound kind of weird but I live in the property. 3233 north covington drive, deltonna, Florida. 32738. And something we would like to go with clear mind in this is that that picture there, that happened once, when he was filling his lot. He is building, likic talk -- like I talked to on the phone with Mr. Mike. He was filling dirt in his place and he was pretty much on the water. So it was a lot of commotion there. Back and forth during the whole day, because you guys probably know, it sounds like 160 for each truck. But we want to get it over with. It was nonstop, in and out trucks on the property. Probably the neighbor get mad with that. I understand. But my son said before. There's five houses on the same street with construction. It's a neighborhood. People have kids and I get it. But that was one-time thing. Now all the things approximate we would like to separate here. And that's what I explained to Mr. Mazzola on the phone is that those trucks, which are not there anymore, never was there for long period, it was used during the process of filling the lot, which is done by now. It's finished. The other two trucks that we own is one plot that we used to take the bait and anything for the farm purpose. And another smaller. Both of those, we use it for the farm. Together, they're equipment for the farm. Now, the one that is flat, my husband also drives it to make an income. Because our property has to be paid. The point is, and I want to get it fixed, that one that my husband drives. And we use it, too, for the purpose of the farm. Most of the time, he park it, we pay in a jar. We can provide information for that if you want to. In Orlando, $150 a month. But it don't make sense. It's unfair that he finish in New Smyrna, he has to go all the way back at 5:00 in the evening, to the lot in Orlando, and go in front of somebody's house to pick him up and bring him back home. For one day? Because it's not an everyday issue.
You just may have to find somewhere else in the deltonna area, where you can park a large truck like that. I know. But it's a forestry resource. And it's just not permitted.
It may not be fair. But unfortunately, that's the ordinance. And what we're tasked with is trying to compare what is happening to what the ordinance says, to be able to find whether it's in compliance.
We don't have the leeway to be able to say, gee, you can do it once a month or you can do it five times a month or we feel sorry for you, so you can do it. We just don't have that leeway.
That's fine.
Did you have a permit for the building of the house or the setting of the dirt when all the truck activity was happening on this day? So why do we have a violation?
We do not have -- you do not have an issued building permit for a house, right?
I do.
You do?
Valerie homes is building the house. And I did all the lot work and prep.
Cross street. Different lot.
No. It has to be on that lot.
Okay.
What they're trying to say, and I think you heard earlier, when you were sitting through the other case, was that at this point, you cannot bring trailer onto that lot without there being building permit for that particular piece of property.
Okay.
The ordinance allows for it with a foundation, which is part of the building permit. That's what Chad was bringing up.
Sorry.
It's okay.
I get the gist of it.
What's the desire of the board?
Mr. Chairman, I'm moving case 20190677 as evidence provided today and other testimony that we have a finding of noncompliances of the stated ordinances and furthermore, since they are now in compliance, that we dismiss.
That for both cases.
Both cases.
Yes.
Second.
Moved for Harry, seconded by Pete seconded both. All in favor, say aye.
Aye.
Motion carries.
All right. Thank you, sir.
Thank you.
Next case is there on 16. Ceo2019, Harold and brinda Ryan? Mike, are we handling these together? There's four cases. Possible violation. Chapter 72
article 28. Parking commercial truck at 170 birch avenue, orange city. Also possible violations. Construction without the required permits. And ceb201909181, possible violation of Volusia county ordinances. Recreational vehicle improperly parked. And ceb201982 possible violation of Volusia county ordinances. Fence erected without a permit. People in front of me. Names and address for the record, please.
Brenda Ryan.
Harold.
Hi.
And address please?
170 birch avenue, orange city, Florida.
Okay.
He can't hear that well.
I'll speak up. So we'll have Mike give us the information he's gathered. Then we'll give you an opportunity. Are you here to contest or to provide us information?
I don't know.
We're here to try to comply.
Okay. That sounds awesome.
Let's have Mike tell us what he has found on the property.
Okay. What we have today is a box truck on the property in the backyard. This is an addition I saw behind the house, addiction to the house, without a permit. This is the rv in the front yard. This is the fence. And some additional car port looks like. Or addition without a permit.
August 7, 2018. I did an inspection and saw a fence without a permit. Rv in a driveway. And box truck in the backyard.
8-10-2018. I mailed certified violation letters. Certified mail received by, this is Brenda Ryan. May 142018, I spoke to Mr. Ryan. They needed more time to get into compliance. 10-11-2018, violation still on property. I spoke to Mr. Ryan. Gave them until November 1, 2018 for a fence permit and park the rv in the back of the yard by end of year 2018. And we could work on the other violations in 2019.
Okay.
11-1-2018, no fence permit. And rv on the driveway. 11-1-2018, another complaint about the room addition on the back of the house. 01-10-2019. Saw room addition back of the house. Mailed notices. New violation notices. Certified mail returned, unsigned. 02-25-2019. Mailed certified violation and code board hearing. Posted property for violations and code board hearing. 02-28-2019. Ms. Hudson had a meeting with Mr. Ryan and told me Mr. Ryan had to get in compliance. Staff has asked the property be found not in compliance. And hearing to impose fine on April 172019.
Is there just one box fan?
Yeah. The one b box fan in the box.
So when I look at the slide --
Yeah.
When I look at slide 4 --
That's not my property there. That's not my property.
This slide --
You're taking that other neighbor's property. That's not my property.
That's the picture. I'll show you.
So slide 2.
Do you own either the rv --
The box truck is on your property.
This picture is not my property.
That's the box truck.
He's shooting from the neighbor, the road right to the neighbors.
That's your truck on the property.
Okay. It's way over to the other side.
Okay. I see what he's done.
Then on slide 4. Are those your two vehicles.
Yeah.
Yeah. That's the truck I used here. And that's our Econolineer camper.
Okay.
They told us that we couldn't have the rv parked in the driveway, which we have. So we move today over on the side.
See, I'm from Vermont. And of course, I realize rules are different down here. But when I came down here, I had a bigger truck. 33'international. I pulled a fifth wheel. Before I bought the truck, somebody -- and I didn't get his name, but came from zoning or something like this. And I stopped him out in front of the house. Because I see he had a logo on the thing. Not from being around here, I asked him if I could park my truck in the yard? And he said, as long as nobody complains. Now, that was a 33-foot international truck. And I had a 50-foot fifth wheel that I came down with. And I parked it as far as I could back. But it was stuck out from here to the wall, beyond the house. Because it was soft ground.
And it was [ Inaudible ]
And I had cns pull me out twice. And they pulled my truck out, the 33-foot international. And I left it there until I sold it. Then I sold the truck. And I bought this and put it in the yard. Now, this is only 21 feet. And I do use it. I just got it a while back. And I put it in the yard. And they said I couldn't put it in the yard. But they said I can put this other truck in the yard. Now we're on social security. And I'm not working. And when I've had a heart operation about six weeks ago. And she's been bad. So it's very slow for us to do stuff now. If they want, I'd have to take down that tree right there. I forget what vehicle they want there. I think the box truck, isn't it?
Well, the box truck can't be on the property.
No. This is a different --
That one is a different one right there. That's a U-Haul.
That can't be on the property.
I got no place to put it.
We use it.
They said I can put it on the driveway.
The box truck cannot be on the property.
They said I could put it in the driveway.
The rv can be on the property. But it has to be behind and set off the property line and everything. Your recreational vehicle can be there.
Rv has to be in the backyard.
Right T. has to be towards the rear and off the property line.
You see, there's a tree there. And I can't go any farther back. And this truck, I use all the time. I use it -- lately I can't because I had the heart operation. But I do welding if I have the opportunity. And they said I could put that in the driveway.
Can it fit in the garage?
Huh?
Can it fit in the garage?
No. No, it can't.
No, it's a little bit higher than the door.
Now, if I cut the tree, they said I could put it right there. I put it in the driveway. I'm getting really confused. Where I come from, this is allowed. And they can do certain things like this. I just don't know -- I wish I had known this before. I wouldn't have came down here.
So you put? Pense fence Fence panels.
There's less snow here than in Vermont.
That's why I came down.
Well, the panels.
We got a permit for the fence.
We haven't got it. But we --
We paid for it.
And what about the addition on the back of the house?
Well, that's confusing. That's 110 square feet. And I built a sun room screen room on it. But there was a deck there. There was a deck there. When I bought the house. And the guy had a hot tub on it. So I got rid of the hot tub. And I took the decking off and went down and that's what it was. It was going to be a deck. Then the bugs came. So I didn't want all the damn bugs. So the bugs came. And I said, well, put the roof on and screen it in. Well, that didn't work out very good. Because the rain came in. And the winds. So I said, well, I'll put some windows in it.
Right.
So what do we have to do for that?
Need a permit for it, right?
Need a permit for it.
I'll get a permit for it. I'm trying to abide by the laws. I just don't know. You know what would be nice? If you buy a house, somebody sends you a book or pamphlet and say, these are the dew doss or -- dos or don'ts. Where I come from, you could do anything to your house you wanted, as long as you didn't change the structure. Down the road, they have no zoning. Can you build anything.
Here, we're worried about the hurricanes. Making sure that what you built there stays there.
Well, when I build something -- I used to build, when I was younger, I'm in my mid-70s. I built commercial buildings. So I overwhile killed them -- overkilled them. This is super built. The house will fall down before this it is 110 square feet.
So I think so the only thing that may be an issue for you is the box van. Because it looks like that you can -- you've got something going on the fence. There's -- you understand you need a permit for the rear porch. The rv can be on the property. You might have to --
Put it on the other side of the house and just pull it back.
The only trouble is I gotta cut a tree down.
But it's the box van that can'tob the property. So that's the only issue --
This. Okay.
That's something we don't have a solution for today.
Can you go to picture 5? Iz have a question for Mike? Can you explain to me what all those other trailers are and whose property they're on?
Should be Mr. Ryan. The one you see with like a lawn mower. I believe that's all of his trailers. Right?
Behind the tree, to the left arrow? Car trailer, and a motorcycle.
Is that your trailer?
Yeah. See that's tough in Vermont. We haven't been here long enough. And we're trying to get rid of stuff, too. And if we can sell a trailer, we definitely will.
So Mr. Ryan, all of those other trailers are not yours? They're somebody else's?
Yeah.
I'm just trying to clarify those are somebody else's.
To the right of the trailer, that's the neighbors. The others are theirs.
That's what confused me. He shot through the yard with all the other guy's junk.
Well, I just wanted to make sure that's the other guy's junk.
We have the rv.
Mr. Ryan, if you want, you can get rid of your snow tires.
Yeah. We got rid of those.
And I don't need the truck. Somebody wanted it.
Excuse me. Margaret, that fence permit that they applied for that is already at issued status. They just have to pick it up.
Okay. It's ready next door for the fence.
I paid for the fence.
They're ready for you to pick it up.
For the addition?
You'll have to talk to them about how to get the addition permitted.
You have to permit it?
You'll have tatalk to them about what you need to provide them.
I said, I'm trying to learn the down here. And do it right. But I really got blindsided if you want to know the truth.
We'll work on that book for the newcomers.
Well, you know, that should be. When somebody buys a house, they record it, right? It wouldn't hurt to send out a pamphlet of dos and don'ts. Because I'm not a Floridian.
Well, it's ad Florida statute. And it fits on a bookcase.
Well, just put the dos and don'ts a little on there. So people like us from another state that is pretty liberal, to do stuff, would know this and try to stay in compliance. Because I've asked people. And they said, oh, you don't need a permit for that.
We should have it right underneath welcome to Florida, you need a permit for that. [ LAUGHTER ] All right.
Okay. I'll try to stay clean from now on.
All right. What's the desire of the board?
I'll do the best I can.
What's the recommendation? All the same date and same thing?
Not done yet, I guess.
We're not done yet.
We're about to vote. What the desire of the group is here.
I move that in case 079, 80, 081 and 082, that bailed on the testimony and other evidence presented today, we find in noncompliance of the stated ordinances, set a compliance date of April 12, 2019 and hearing to impose fine April 17, 2019.
Second.
That's been moved by Pete, seconded by Harry. All in favor, signify by saying aye.
Aye.
Oppose, like signed. Motion carries. With each of these, keep talking with Mike in getting them accomplished. And then this stuff all goes away.
If he treats me fair. I have no problem with that. I'm not a hard guy to get along with. I expect people to tell me the truth. I tell them the truth. I expect the same courtesy back.
Mike will do that for you.
Okay.
Thank you, both.
We do that in Florida.
Welcome to Florida.
Ceb009085. Corrine Coleman ? Article 2 division 7 section foo 72-241. Business not permitted. Near new Smyrna beach. Debbie will help us with this?
Name and address for the record please.
Jeff Coleman 315 spring forest drive, east Smyrna beach.
And difference between a Jeff and a Corrine.
My wife.
Okay. Got you. And you're authorized to represent her?
Yep.
Are you hear to contest or provide information?
Information.
Debbie, please.
Debbie, code compliance. That began with operating without business permit in March of 2018. In May of 2018, the internet site was and certified mail was issued and received by Corrine Coleman. Staff received letter from Joseph posey, stating there were no business activities, occurring at this location. He also adderred -- added no business activities are to occur, unless Volusia County gives proper approval. They began process of applying for special exception. For a rural event center. On January 17, they denied the request for special exception. Staff received complaints there had been a wedding held on the premises. And March 4th. They had another complaint that there had been another event. Held on the premises that weekend. March 5, county council approved the request for special exception for the rural event. The structure used for the event is approximately 4800 square feet and it was issued a building permit in 2015 as a barn with a porch, including plumbing to bathroom. As a condition of the special exception, all structures used for the rural event center shall be constructed and maintained in accordenance with the Florida building -- in accordance with the Florida building code. It shall be obtained prior to resuming any event activities on the subject parcel. Staff has serious concerns regarding the use of this structure, while not having proper permitting and inspection approval for the modifications made to the structure. I spoke to attorney Glenn Schwartz yesterday, he stated no further events will occur until the conditions was special exception are met. Mr. Coleman is here. And he will add to that. I believe there are no events scheduled at this time.
No.
So do they have a business tax receipt?
Yes.
Okay. And so there's a process for them to go through to become a rural event center, since you have special exception for it. But you just need to get the building approved?
I've got approval. I just have to go through the process and I've got my survey already being done. I've got all the different things they're asking me to do.
Okay.
It was issued so that the condition is being satisfied. Satisfying the condition under the fire building code and fire priefngz code to be open for business. That's what the issue is.
Okay.
Need to meet site plan approval. Recommendation is for order not compliance. Compliance date to be June 5th. Hearing to impose fine, June 19th. Furthermore, all appropriate permits and inspection approval shall be obtained prior to approving any on the subject parcel.
So find him in noncompliance and dismiss?
That's not the right one.
That's's beautiful building.
Hearing to impose 6-19. And the conditions would be that they meet those conditions of the special exception. There we go.
Thank you.
I'm ready for motion.
Anything else to add?
Yes, sir?
Just trying to get everything through.
You got all of your paperwork. You got a clear path ahead.
I've been trying to do this for -- since whenever you guys sent me the notice. We stopped selling. So I passed up a lot of income and just kept on just trying to get everything they keep asking for, you know, we're trying to do. [ Inaudible ]
What's that?
You live there also?
Yes. I have a little over 10 acres there also.
I did not know that was there. Pretty cool.
Thanks.
I'll follow this one right here.
I move that in case ceb, based on testimony and other evidence presented today, be fined in noncompliance, with the stated ordinance. We set a compliance date of June 5th and hearing to impose fine June 19th and the condition that all appropriate inspection permits and approvals be gotten.
All in favor, signify aye.
Aye.
Motion carries.
I don't know that we really need to add that language. Because the special exception requires it anyway.
Right.
Doesn't hurt.
No. Thank you for adding that. I prefer it to be added, just for more clarification.
So we give you a compliance date until June. And a hearing to consider fines later in June. If you get everything all wrapped up by then, then you're good to go. Obviously, this and the venue earlier today. And another one a few months ago. We just want everyone to be safe when you have that assembly in that barn.
And that's the reason I don't mind.
These aren't easy to have.
All right, sir.
But it's life safety.
Yep.
Have a good day.
Top of page 18. Two cases. Savon Melendez. -- pavon melindez. Business not perimeterred. 3124 Hydeer avenue, deltonna.
Mr. Chair, are we taking these individually?
Individually.
Okay. We will take these individually. I have a person before you. What is your name?
Nery melindez pavon.
Okay. Nery. Are you here to contest the violation or provide information?
Provide information.
Okay. So we'll hear from Mike and then give you an opportunity.
Sure.
We'll do the business first. The facebook page for the hacienda venue on the property. Here's a real picture of it, the picture I took. And here's where a wedding is on facebook. With a band playing there on facebook. Picture of a wedding. And here's some of the reviews of the venue. 02252019. Received an e-mail for the jvj venue. Advertising wedding venue for the barn. In violation. 2-25-2019. Staff is receiving high level of e-mail complaints in this area of deltonna. 2-26-2019, I posted a letter of violation. 02-26-2019. I sent a letter to nery. She said there are ads on hacienda jvc, not advertised anymore. Staff has asked the property be not found in compliance, then dismissed as the property is in compliance at this time.
Okay. Any questions of Mike? And the compliance, how did they come into compliance? Anything you found?
She will tell you. But this is the high level of complaint.
What happened is, when I first -- we first built the barn, it was really to board horses. We live in agriculture. Then we decided, I didn't want people coming in out of my property. So I ended up doing my wedding there. I ended up doing cousins' weddings. So we did little parties. But everything was more family members. So now, after I talked to Mike, I think, the end of December, first time you called me, it was back in December. I told him that we weren't going to do anything. I was going to remove the facebook page, to not advertise it. Because I didn't really advertise it more as a rental. People would donate towards the farm. Because the animals was always included. And now, we have hay in there, feed for the animals. So that's what we have it for.
So the barn is being used as a barn.
Correct. As a barn. Correct.
When was the last time you saw it, Mike?
The day I approached the property. I haven't been inside yet of the barn.
But from where you posted it, you couldn't see one way or the other if it was?
It was -- the facebook page is down. I couldn't see it on advertised. And I couldn't see the hay or anything from where I was standing. I'd have to do an inspection on the property to do that.
So if we dismiss, can you still do an inspection?
I can go to the property.
I told him that whenever he tells me, because I have it gated. He has to let me know. So make sure I'll be there.
I just wonder if we didn't have a case open, whether you are able to continue -- in other words, when we dismiss it, it's basically gone.
Gone, yeah.
I wondered if --
I can do a one-time inspection. An amended order or continue for one more month.
He can go in.
Yeah.
He's close.
I mean, the earliest he can go is Wednesday. Well, I'm on vacation. I'll be back on Tuesday. I mean, he can come in on Wednesday.
So basically on case 2019086, as a result of the evidence, and testimony provide today, that we have a finding of con noncompliance, with a compliance date of April 13, hearing to impose fine, April 19th.
Second.
Moved my Harry. Seconded by Pete. All in favor, signify by saying aye.
Aye.
Opposed like side. Motion carries. That gives until April to have mike over. And thin the next case?
This is regarding --
Let me read it. Ceb2019094. Ner temelindez pavon. Sections 105.1, and
110.1. Barn construction required permits at 3121 24hyder avenue deltonna.
Next slide is a picture of the property. 03-0 7-2019. No permit for the barn. Posted property violation. Hearing letters. Property to be found not compliance for the state. Hearing to impose fine on April 17, 2019. Reason I brought it to the board is she had activity before.
I have a question, too. When I first went to the property, there was already a facility there.
Right.
So I assume that was previous owner took a permit to put cement and put her building.
Right.
So my understanding, I didn't need a permit to do this. So also like I told Mike because it was more used for my agriculture that I needed a permit.
So far, I agree with you on all three points. It's how it's used.
How it's used.
How you're going to use it.
How I'm using it now.
Okay. So if you wanted a wedding venue. You would need a permit for the entire structure.
Okay.
If you are going to use it for agriculture and that's what the previous owner built it for and you're use it for that. There is exception for that.
Sorry. I took your --
No. You did perfect.
And what agriculture use do you currently have?
Horses, goats, ponies, cheep sheep, ducks, chicken.
Going to continue obviously?
Oh, yeah, I do. I do. Because I went to the property appraisal.
And Mike sees these --
Yes. There's animals on the property. I saw that.
Given agricultural use, she didn't need a permit.
Right.
Based on the previous case. Using a building permit. She's exempt. So when mike, again, I would recommend to the board that you do as well are to what you did in the first case. Order of noncompliance. Then this one would be in compliance as well. Make sense?
Yes.
Can I ask another question? How about we want to do another party? I can't use it? I have to use my pool area or outside area?
Yeah. But I'll repeat the same thing I said earlier, which is all about life safety. The structure wasn't intended for that.
okay.
And I have another question. I know it doesn't pertain to this. I have a fence. In the future, I want to do a fence. So I need a new permit for that?
It's best to ask --
I don't want to be here again.
Permit office would have to help wuthose questions -- you with those questions. What's a repair.
Is it ag zoned. She's ag exempt of.
It's agriculture.
So it wouldn't need a permit.
So I just have to remove and replace the new fence.
Right.
I just don't want to be here again. I gotta go to work.
All right.
What's the desire of the board? Ditto the previous case?
Do another -- do a do-over Harry.
Okay, Mr. Sherman. 2019094. As a result of the evidence and testimony provided today, that we issue an order of noncompliance, with a hearing to impose fine for April 19, with compliance date April 13th.
Second.
Moved by Harry. Seconded by Pete. All in favor. Opposed, like signed. Motion carries.
Whenever you're ready for --
Well, after Wednesday. Because I'm gone.
Give him a call. He'll inspect it. And if everything is fine.
Thank you.
The next case I'm going to take is ouellette. Request for discussion of accumulated fines. The house built on 468 old bubbly road. And does staff want to present anything. But typically, fine of $5,000.
Requesting a fine ever $5,000.
Volusia county code enforcement.
Yeah. This property was brought into compliance. I don't know the date.
November.
March 20th.
2019.
So this being done today. And they have requested a reduction in fine. Staff is recommending to issue a fine of $5,000. Or $500. 10% of the fine because it had maxed out at $5,000.
Okay. But what did accrue? Did it accrue --
Accrued to 5, and staff feels that the expenses we incurred -- I mean, this was -- we saw you many times.
The last three years.
I'm glad to see you at this moment of everything is all i's dotted and t's crossed.
We usually have the criteria for you. And I apologize for not having that. There's three things. But the $500 fine is sufficient. Thank you.
Desire of the board?
Sounds good to me. I move that in case ceb2016132, that we dere duce the fine to $500, based on the staff recommendation. Paid in the 30 days for the original amount.
Moved by Pete. Seconded by Vicki. All in favor, say aye.
Aye.
Motion carries. Motion to fine in 30 days.
All right. Thank you, sir. Where do I come pay that?
Right there.
Yolanda summers?
Thank you, sir.
Next case. Back to a new case. Ceb2018514 this. Is on the addendum.
Can we let our sergeant at arms we have one person here.
There's also the addendum.
Yeah. I'm on the addendum.
Ceb2018514. Chris and Linda apicella? Possible violation of bush ordinances. Sections 105.1 and 109.3. I knew I wasn't crazy. Property address 305 coquina avenue Ormond Beach, regarding expired permits.
You're Chris apicella?
Yes, I am.
We're going to hear from Margaret first. Are you here to contest or provide information?
Give information.
Let's hear from Margaret 50, then we'll give you an opportunity.
Milemarg rate Godfrey -- Margaret Godfrey, code comp pliance. While researching the property, an electrical permit expired. Expired after having only one inspection. Which failed due to a subpanel. This is service revised personality. And it goes on and on and on. I've spoken to Mr. Apicella. And he said that he pulled all the electrical installation out. But he didn't have a permit for that as well. I explained that he would have to have a permit. Someone has to go out and inspect to make sure this is safe. I posted the property with a notice of violation and notice of hearing has been received and signed for. And this is the only contact I've had since. So staff is recommending a fine of noncompliance. Compliance date of April 3rd. And an affidavit within 10 days, certifying the safety of the electrical. And I have a letter to Mr. Apicella, concerning that right now.
What is slide 2?
So that box that is on the side of the house?
Okay.
And then --
Okay. What's -- any other questions of staff?
Did you say you have a lever with a 10-day?
Mr. Apicella?
Yes.
Is that box still there?
No, it's not. I have pictures to show you. Glad you have those. Would you like to see them?
You may show them on display. And then my only question is, what's the other end look like? How did you sever -- is that covered in the letter?
I'm not sure. What do you mean?
No, no. Okay. Let me clarify.
You can go back to the microphone, sir.
I'm sorry to interrupt you. Let me clarify. So there was an issued permit. Okay? The work exceeded or didn't match the issue said permit. So the homeowner decided to just take the work out. So that's fine. Aural we need all we needed to do was do an inspection to determine it was safe and we'd be done with it. But apparently, we couldn't get contact or arrange to get a building inspector out there to take care of it. That's why he's in front of us today.
Yes. I'd be glad for an inspector to go out and make sure everything is okay. But I'd say it's good. And I'd be glad to pay for an inspection.
We weren't even going to do that. We just wanted to get on the site to look at it. And we were told we did not have access. So if we have access, let's do something like we did before and get a building inspector out there before the next meeting.
Okay.
Okay. So the course of action would be --
Do you have anything you want to add? ? Based on testimony.
My wife said --
Imposed fine and we do an inspection in between and takes care of it?
Yeah.
You still want him to have that letter?
We'll receive it --
No.
All right. Anything from --
I'm ready for a motion. But unless you want testimony?
Again, I gave him the picture. I showed it where it was. The way it was there. And that it's down. And it's gone now.
We're required by code to do visual inspections, photographs don't help us.
Objection. Those are helpful for us on deciding the next step. So thank you for bringing those.
If you have no objection to the county coming out and making a final inspection?
Absolutely not.
I move case 2018514, Chris and Linda apicella, based on the evidence presented today, we find them in noncompliance with the ordinance. We set a date for April 12. Hearing to impose fine April 15. We don't require a certification letter, do we?
No. We were going to. But now we're good.
Correct.
Want to get somebody there to inspect as soon as possible.
Obviously, you can see, they can walk right up on the side there and just walk up to inspect it.
Do they have to go up to the house at all?
No. Shouldn't have to.
All right. Move by Pete. Second by Vicki. All in fairvetion signify by saying aye.
Aye.
Oppose like sign. Motion carries.
Thank you.
I'll go around. And sir. You're here for which case?
Page 12.
Okay. And amendment, you're here for which case? [ Inaudible ]
Oh. I recognize that. Okay. Middle of page 11. And you folks are here for a case?
Let's go ahead and have Eduardo Viera. Since they're early or the agenda. And then we'll go to you, Mr. Velazquez. Ceb2018515. Eduardo Viera. Possible violation of ordinance s
3165hyder avenue in Deltona." This it is nearby the other area.
Excuse me, Mike. Did she get sworn in?
Sir. Are you serving as the interpreter?
Yeah.
Then we're going to swear you in as the interpreter as well.
We'll have to 2 swearing ins. If you want to explain to her, she's being sworn in for providing testimony. [ translating ]
Do you swear that the testimony that you're about to give is the truth, the whole truth and nothing but the truth?
And we have this gentleman here, too. All right. And then is it Javier -- no.
Enrique.
Enrique. Thank you. Enrique as an interpreter, please. do you swear or affirm that you will truly translate the answers from Spanish and English and English to Spanish to the best of your ability?
I do.
If you want to explain to -- what's her first name?
Jacqueline.
Jacqueline? Okay. What we're going to do is have Mike explain what he's collected. Then we'll have you and her give an opportunity to tell us.
And sir, can you ask her how she's related to --
Related to? She's his wife. And she's actually one of the proprietors of the property as well.
Okay.
Thank you. [ translating ]
Okay. What we have here. Building on the property. There it is on the property.
And Mike, take a minute and allow Mr. Enrique to translate.
That the green one?
Here, yes. And next picture. You see. It's gone.
Next slide. 11-16-2018. Violation letter for building without a permit. 11-20 -- [ translating ] 11-20-2018, I spoke to the owner. He said he would remove the building. 11-20 high levels of e-mail complaints about the area. 12-13-2018. Mail violation. Code of board hearings letters. 12-13-2018 posted violation for code board hearing. 02-18-2019. Building is off the property. Staff has asked property be found not in compliance and dismissed as being in compliance at this time.
What she's saying is about two days ago, she spoke to Mr. Chris Hutchinson. And he gave her, I guess her property is zoned a3, transitional agriculture. And he told her that she could have -- I guess the intended purpose for the building was chicken coop. They had chickens in there. That was the intended purpose there. And they told her it was fine to have that. So she wants to know why she was told she had to remove the building. Which they did because they didn't know.
I thought it was just a building.
It was a chicken coop.
Criss hutchinson, Volusia county code enforcement. The information came to us after the cold case came through. After the expiration date, we learned that it was a chicken coop and could have been allowed there. So I really feel we should just withdraw this case.
R.
What is -- can I see slide 2? [ Inaudible ]
We had a case that was coming up before us but had already been in compliance and probably don't have a fence built here of the future violation so why did it even come to us, as opposed to just dismissing -- staff dismissing it before it got in front of us?
Well, for this case. It was because we just found out the information about the chicken coop. And it had already been kind of processed.
In a warning, said, is there any more agenda changes to dismiss the thing so it saves 10 minutes.
Should have been. But in fairness now. But also there's something here that wanted to talk about this case. And that's part of it.
Okay.
All right.
Well, it hasn't been withdrawn yet.
So do we want to --
County wants to --
Downtown to withdraw?
Well, I don't know if there's contradictory information as to whether there's a chicken coop.
Okay.
You want to bring your witness up, Mike?
Yes. I was on the property. It is a chicken coop. That was maybe a month ago.
Do you have a witness?
Okay. We can have you come up. Name and address for the record.
My name is Ursula morn. And I am the direct neighbor at 3175 Hyder avenue.
Can you get closer to the microphone please.
I live at 3175 Hyder avenue. My property is side by side with these neighbors. I was not the original complaintant to this issue. Yes. This structure was a chicken coop for the entire time. And that was not what the original complaint was about. The original complaint came from Steve capo who lived on the opposite side of kay hill. The original complaint was the asphalt millings that as you can see, are one acre of this property. That is what the original complaint is. And the problem with this is that this entire property was once wooded acres. And that's fine that they cleared it. No problem. We all live out in this property. But when you take a wood acre property lot and you put nothing but asphalt on it, which is more than all of the commercial properties, restaurants, businesses and you fill it with asphalt, it starts flooding the properties when it rains, particularly my property and particularly Kate hill avenue. That's where you run into a problem. They also park their dump trucks on this property when they're not off-loading or unloading fill dirt. Now, I brought my engineer with me to discuss with you some of the problems that I'm running into, with drainage, from their property. Now that they have raised the property levels more than one foot. With asphalt. And fill dirt. [ Inaudible ]
I understand but -- this is Mr. Mazola's fault. Because I have complained personally about the asphalt millings that were put on here. And he -- and I spoke to him and I have spoke to Mr. Brown and I spoke to Mr. Hudson, and I have spoke to everyone in code enforcement, in regards to -- you cannot come in and put asphalt millings.
Director of pds says that they can. But they cannot bring in any additional fill this. Is again very similar to the two other cases that we had before, where we did not have the zoning enforcement officials ruling on not bringing in off-site materials and spreading them without a building permit.
Unfortunatesly -- unfortunately.
I was the one that gave that to Mr. Brown.
We are not here with regard to your drainage concerns or whatnot.
How do we fix that correctly? And have Mr. Mazzola report it right and not call it a chicken coop.
That's not what occurring.
At the time, we were told we didn't have a case to bring. By the director of pds. That's why it did not come. That's why the only thing that came was the chicken coop. Which we did not know it was a chicken coop.
I can report live --
It was investigated and -- at the discretion of the code enforcement official, there was not evidence to bring forth, because we researched it and we were told that we did not have a code violation. We have to have a code violation to bring it forward.
So now we have nothing?
Well, Mr. Hutchinson was prepared to discuss bringing off-site material from the site, with the lert from zoning enforcement official that they cannot do that any longer. But all three of these happened. This is why we got the determination, whether or not on ag property, can you bring in offset material. Because the material has been checked.
And it's now on my property.
Case is not from front of me.
But that's the answer I can give you, is why that case is not here.
You probably have a civil case.
So I have to hire an attorney because their asphalt is now onto my property?
I would guess --
The county doesn't have an ordinance prohibiting it.
If there's an encroachment onto your property, get an attorney and have them inspect it.
I need to hire an attorney to sue them because their asphalt has now encroached onto my property?
Yeah. That's what -- we don't have a code violation.
Because they have taken millings and fill dirt and raised their property level, without getting proper permits of fill dirt and raised their property so much that when it rains and floods into my property and floods my building that I got proper permitting for --
We do not have an ordinance that addresses that. So that could not come here as a case. We do now have something that we can address, bringing off-site fill, which before you guys leave, you need to make sure you understand it, the adjoining property owners, but as far as what we're here for today. That is why the filling case did not come here today, because we were told we did not have a case. By the experts. We're just code people. So I am sorry. I understand.
So regarding the -- we have a --
So at this time, I believe mike is just going to withdraw the case. Right?
I was going to say motion to input.
Motion to withdraw?
Does -- is it Jacqueline? Does she -- does their anything else you need to communicate with her?
No. I mean, I already told her. No more fill --
But we're trying to stay focused on this building, the chicken coop.
She understands it sucks because they took the building down. But she understands it's fine. [ speaking in Spanish ]
She said that adding to all of that, there was just the hole in the front. Obviously, they did put some. It's all sandy area. So they did put the milling into areas to be able to drive their property. Otherwise they wouldn't have been able to get in there. But it's not a foot higher. It's not that much. Milling is expensive. They're not going to put a foot of milling on over an acre. That's ridiculous. But she said they will solve the whole chicken coop. It's fine. Whatever. It's all good. Ask to withdraw the case. We got the letter saying no more fill.
Thank you, Enrique.
Thank you.
You to want come back and be an interpreterar all the other cases?
You're awesome at it?
I was sitting there. Because I know Mr. Gaudenceio. I've known him forever, since I was young. Like I know what he wants to do. He wants to be able to have like authentic Mexican --
No. Without getting into specifics, I'm just saying you could do a good job for us.
You speak very well.
Thank you. [ LAUGHTER ]
All right. Regarding the case for fidel. Ceb2018526, fidel Velazquez. Possible violation of bush county code ordinances, section 105.1, 110.1. Require restructure permit. Near Pearson. And you're here representing?
Yes. I'm with stan --
I'm sorry. I'm in the middle of page 12 for those of you following along. And you're here representing?
Yes. We're here representing Mr. Fidel Velazquez.
And you're here representing.
Mr. Viera.
You need to be sworn?
Yes. Please.
Do you swear to give the truth, the whole truth and nothing but the truth.
I do.
All right. And what's your relationship.
Hire from them to do the drawings. We applied -- contractor ax plied for a permit today -- applied for a permit today.
I'm sorry. Michael -- Christopher. Michael, please? Christopher, please give us an update where we're at with this. This is a brand new case, correct?
That is correct. Good afternoon.
Good afternoon.
Chris super of code county compliance. This was, building inspector was out doing inspection. He came upon this for renovation and remodel of a mobile home. New metal roof. Trusses were added. Structural work. So I went ahead and sent out the violation. Complaint was received in 2018. Building department posted a stop work order. Notice said the violation. No hearing was signed for. And upon most recent inspection, March 6th. Observed that nothing really has been done. They did work for that permit. And according to this gentleman here. Permit came in today. Up until first thing this morning, I didn't see anything in the system. I've got some pictures showing from the building inspector. Took the pictures, showing the electrical work. And new columns. And I believe some windows. And got a picture of stop order there. Recommending a finding of noncompliance date of April 3rd. And hearing April 17, 2019.
Krist fer Michael, is anyone living in the home?
I believe so. I saw a vehicle there when I went out. That's one of my lovely pictures. I saw a truck. So I'd say yes.
I mean, to our knowledge, the owner also owns the property next door, adjacent. So if he owns both properties.
The inspector took the pictures back on October 15th. I think it was taken then. He somehow got in the house.
Did you do the drawing for the after the fact permits.
We did the drawings. The drawings. We gave those to the contractor. I believe the reason the homeowner took so long to compliwas because this one was the budget to do the work. He finally got them. And submitted the drawings this morning. I have a copy of the permit application that was paid this morning for this address. I guess at this point, you know, need time, obviously to go to plan review and so forth.
If we do the minimum time on this, what will happen is the permit, everything is okay. Gets issued. And this gets amended order sent way out. You have time for all the inspection approval.
Right.
Since we're here and it is as it is, I would say that I'm ready for a motion. And it's not going to cause Mr. Balec has any problems because of the time frame. Since you're already on board. And the gc is already submitted.
Correct.
We probably should add, that it should remain vacant to the motion.
Okay.
You said there's no power to it. But I saw a picture of the meter.
I believe duke energy, they turned off the power.
They pulled the meter out?
Yeah. They pulled the meter. I believe that's what caused this issue. That someone from duke energy was out there. And the power pole somehow fell. And I guess code enforcement was notified about it.
Temporary pole?
No. An actual pole.
Oh. Okay. Well, we'll make it a nonissue anyway. On moving case 2018526, fidel velazquez, based on evidence presented today, we find in violation. Set a compliance April 3rd, hearing to impose fine April 17th. And condition that it remain unoccupied until the permit is issued, I suppose. Would that be correct is this.
Well, actually until the permit is completed.
Until the permit processes.
Inspection approval.
That would be the process, wouldn't it.
Yeah. Process works. Absolutely.
Okay.
Just wanted to say "completed."
April 17th.
Yeah.
4-3 and 4-17. Thank you.
Moved by Pete.
Second.
Second by Vicki. All those in favor signify by saying aye. Motion carries. All right. Back to the bomb. Page 4. Fred Martha. Fred and Martha Taylor. 1098 George Anderson street.
Margaret Godfrey, slolushia -- Volusia county code enforcement. I'm asking for amendment. I was recommending hearing to impose fine September 15th.
Mr. Chairman, I'll move. 207, 211, as a result of the evidence provided that we issue a third order for the hearing to impose fine at the September 15th meeting.
Moved by Harry. Second by Vicki. All in favor, signify by saying aye. Motion carries.
Top of page 6. Ceb2018181. Ocean shores holding. 1294, ocean shore boulevard.
February 20th, case involving renovation remodel without the required permits. Found in noncompliance. There was a one permit -- the permit that was originally there has been reopened. And it is -- they have got a whole lot of request for additional information. And the reason that the permit the last time was canceled or the application expired was because those requests were never met then. And I don't see them -- there's like five different requests for additional information and nothing has come up for this reopen permit as well. So staff is recommending in order imposing fine leern on -- lien to begin with an opening date of April 6.
That sounds like a reasonable motion. And I don't usually do this. But so move.
All right. Been moved by Pete. Second by Harry. This one code -- okay. All in favor, signify by saying aye.
Aye.
Motion carries.
Ceb2018292. Thomas and Gayle Moore, 6 waterbury circle.
Margaret Godfrey, Volusia county code compliance. I almost want to say "ditto." Several building structures without perms. First order of noncompliance issued in December. No permit applications. Nothing. Staff is recommending an order imposing fine lien in the amount of $100 per day to begin on april 18th with a cap of 27,000.
Motion. So be it.
Yea.
Move by Vicki.
Second.
Second by Pete. All in favor, signify by saying aye.
Motion carries.
Middle. Page 7. Ceb. Betty foster. 62 revoagz drive. Where the ocean splashes into the river.
Margaret Godfrey Volusia county code compliance. This case was before the board December 19 and found in noncompliance. Staff is recommending an order imposing fine lien at the end of the day, to begin at the end of the day with a cap of 24,000.
Motion.
So move.
Second.
So move by Pete. So seconded by Vicki. All in favor, signify by saying aye. Motion carries. Top of page 9. Ceb, William Hendrix. 1210 night owl court.
We don't have a form.
He doesn't count.
He doesn't vote.
With all due respect.
He's over here talking like he's voting.
That's what we do.
He's just a lawyer.
Too much.
All right. So we just can't do anything wrong while he's gone?
Yeah.
Krist fer. -- Christopher.
I'm sorry about that Michael thing earlier.
That's okay.
Go right ahead.
First, Michael -- Chris Michael. Volusia county -- Chris Kuper, code compliance.
This was before the board on February 20th last month. Found in noncompliance. Principal structures. Got rvs and tents and camps. And all sorts of exotic objects all over the property. It has abandoned vehicles already. And only contact was he called me actually when we were in the meeting last month, and I came back from the meeting last month. It was a voice mail and he said he had no transportation and wanted to know why we didn't pick him up. Other than that, I tried calling him back and the number was not in service. So I went out there again yesterday to see if anything has changed. Nothing has changed. I got the pictures from January in there. Staff is recommending a fine to begin of $100 per day, not to exceed $20,000. To commence on April 182019 of.
On slide 3. Could you point out where the structure is?
The -- trying to get on the rv. Because there is no principle structure. So the rv. Also on slide 2, there's a little green, like storage thing, too. So I was trying to capture many of the objects and the junk.
Am I looking at the picture correctly, that there is no face to that R.V. some.
Yeah.
Or is that an addition to the side of it?
If you go to slide 2, picture I took yesterday.
Uh-huh.
That is like the front of its open or something. That's the R.V. right there.
Yeah.
Wow.
You're being generous in calling it a structure.
Remnants of a structure?
Yeah.
But having the green one. That's definitely a structure and the rest of it. We get a lot of complaints on this property. Probably every week.
What's the desire of the board. Another fine?
We start at $500 a day to begin on April 19 -- excuse me. April 18th. And run until compliance is achieved with a cap of $20,000.
Second.
Moved by Pete, seconded by Vicki. All in favor, signify by saying aye.
Aye.
Motion carries.
Where is the existing other one that he has, the other fines? Do you know?
We have a junkyard and abandoned vehicles and those fines are both maxed out. They were $15,000 each. So this one would make it $50,000. When this one maxes out.
Is it going to make any difference?
Homesteading?
It is not homesteaded. It is zoned day 1.
Cb2019021. Lynette Kramer. 1335 Fleming avenue.
Robert sherrer, Volusia county code compliance. This was also heard by the board last month. And it was issued an order of noncompliance. The case was started when animal control actually obtained a search warrant. Searched the property. There were some issues with animals that were there. So they invited us along, they had heard there might be structural issues with the residents. So we went along and took some of the pictures that you've seen here. There's other pictures that were there as well that were more animal related. The animals are removed. Animals were fine. This is good. I've had no contact with whatsoever. I did hear through animal control that the son was trying to find a spot for her that, she could go to. I know they're working through that now. She's a little resistant to that, is my understanding.
Also, what's going on with the property is that the --
It's in holiday village. Holiday village owns the property. She owns the trailer that is on it. She hasn't paid her rent in I guess, three months now. And holiday village is look being at eviction at this point. So what we thought was we would do a first amendment order of noncompliance. Let holiday village go through their process, see where it lands and then hearing to impose fine lien rescheduled for May 15th.
Question. As the last, we talked about the life saving issues. And Karrie was supposed to do a life saving notice to vacate.
I talked to Mr. Louis and he did not feel there was life safety issues at this time. There were holes in the floor, but nothing that couldn't be repaired.
Okay.
Serious question. When it this is a mobile home park and she is leasing but owns the unit, and we place a lien on it, it doesn't go to her, does it? Wouldn't it go to the property owner?
Well, actually, under the mobile home act, it's the offender that causes the enforcement issue. So it would be a mechanic's lean against the mobile home, instead of a real property lien.
And just so you all know, the mobile home park will get the property in the eviction. The lady will have to leave. And they'll have to tear the mobile home down.
What was the recommendation on the time?
Oh. This is -- so is this an amended order?
Yeah. We'd like to do a first amended order of noncompliance, since they are going through their eviction proceeding. See where they come at, where they land.
That's the reason for not having the lien.
So moved.
First amended order.
Second.
Moved by Pete. Second by Vicki. All in favor signify by saying aye.
Aye.
Impose like fine. Motion carries. From page 10. Ceb2018298. Investment. New case. Possible violation of bush county ordinances. Chapter 58, article 51. Maintenance ordinance. Properly maintain structure. 3663 old DeLeon road. And also junkyard, not permitted. Chapter 72, article 2 division 7, section 72-241. Margaret?
Margaret Godfrey Volusia county code compliance. This case began -- sorry.
Back in June, 2018. Staff received a call about this property. They were building or something like that. Without permits or inspection approvals. Frank adowa had gone out is there. And he e-mailed staff -- I'm sorry. Back in April. And he observed that the house had been completely gutted. So he posted a stop work order. And when I had gone out on site, I saw a pile of tires and trash on the property as well. Staff received a call from Matt Mclane who was the nephew of the property owner. Who stated that all he did was removed dry wall. And I askedded him what his plans were for the house and he said he would be removing walls and I referred him to our permitting department. Certified notices of violation were received on June 8th. June 11th, they came to request additional information about the property. And I explained that first and foremost, the house would need to be secured before anything. This is wide open. You can walk in there. On June 11th, 2018, I received another call from mike Mcclane and explained that he really has got to get that property secure because it still wasn't secure at that point. A permit was applied for and request for additional information was made. And it read because the property is zoned i1, family is in noncompliance. Unless you can provide proof that this is not abandoned for the last few months, we cannot approve this permit. It's been abandoned a long time. And i-1 zoning requires an acre to build and this is only 7,740 square feet. No response to that. And the permit application has expired. They are recommending noncompliance with a date of April 3rd and hearing to impose fine April 17th.
And just the agenda had the typo that this is, in fact, then properly noticed.
Yes. Actually, I don't know why it came over like that. This all started when these guys bought the property. So wasn't even her. I don't know.
Okay.
So you've been dealing with them.
Yes. [ transitioning captioners ]
This is the first order of noncompliance .
I see. Okay. When we find the noncompliance we haven't found the hearing composed fine, right? See the 201298 or whatever the new name is based on testimony. Are we just doing the first one?
It was the same recommendation for both.
I based that we find the violation with the date of April 3 and a hearing for 2019 .
Second.
Second by
Harry and the motion carries. All right. CEB2018495- is Clifford and Barbara James. It is 4652 Cordova Avenue .
This is Margaret Godfrey with code compliance picklist July a fence was built without a permit and they just put a post in the ground and then on August 3 I went back out and I saw that there was a fence so I posted a stop work order and it was a notice of violations. I've spoken to Mr. Clifford who says it is his daughter who lives there. He keeps saying that he will be down to get a permit for the fence and nothing has happened. I have not had a chance to return his voicemail and the conditions remain unchanged so I am recommending noncompliance with the complaint date of April 3 and a hearing on April 17.
I will move.
Moved by Vikki .
Second.
All of those in favor signify by saying Aye .
Aye. motion carries.
CEB2018524 . Michael Morrison a possible violation of Volusia County good of ordinance article 1 section 58-3 . Maintenance ordinance and purple and maintain structure on 331 North timber Creek Road and also possible violation of abandoned vehicle that has been operated without a current license tag and also CEB2018527, a possible violation of chapter 72 article 2 division seven section 72- 241 .
Altogether?
Sure. October 18, 2017 Mr. Morrison appeared because he was living in that RV that is been there since 2004. He told the board it was put there by FEMA and they have all the tools staff say that the house was fold of mold and other violations also on the property with several vehicles in the backyard. I had originally gone there to see if the trend 12 was plugged in and yes. The violations of notice were not received and there has been conditions remaining unchanged and we recommend order of noncompliance with the hearing April 17 .
Aye ?
They are actually other RVs on the property that people are living in.
I think we should agree with your motion.
We had tried to convince them to go see veteran affairs.
Yes. He is a Vietnam veteran. I have not had any contact with him since, so I do not know what he has been doing. When I went out to see if it was still plugged in, she was not there , but a woman was there and she said go and take pictures of the backyard and that is when I found everything else but the vehicles were originally in the backyard and they move them out to the front yard.
So it is a long Tymber Creek?
Yes. Anyway.
It is the homers hummers.
And it would apply to all three?
Yes.
What was that, April and not February pick okay. I will move the CEB2018524 , 525 , and 5 to 7, Michael J Morrison, based on testimony and other items today we find the complaints date of April 3, 2019 with a hearing April 17 , 2019.
Second.
Moved by Pete and seconded by Vikki those in favor signify by saying aye
Aye.
Motion carries. >> 's demolition without required permit and it is chapter 22-2 sections 105.1 and 110.1 . Michael?
They have to say the demolition of the house without a demolition permit and it is the house on the property.
All right. Thank you.
And now it is all cleaned up. Okay. I did inspection in the house was demolished and I told him to clear up the property and each turned into a junkyard case .
Michael. Timeout. We had determined to withdraw this case.
Okay.
Thank you. Here you go. Please withdraw it.
Yeah.
Okay. But we are not concerned with any type of utility issue.
All right. Next case.
And it is a doozy. It is CEB2019064 and it is Lori Ann Dekanchuck . It is violation of code of ordinances chapter 7 to division seven junkyard we are not permitted. Also CEB2019065 for Lori Ann Dekanchuck , it is chapter 72 article 2 division seven converting junk trailers into accessory structures for storage and also CEB2019066 with Lori Ann Dekanchuck and same property violation of the heavy equipment stored and parked where not permitted and two more to go with CEB2019067 possible violation of division eight section 72 maintaining a RV or trailer without current tags and then it is CEB2019068 with Lori Ann Dekanchuck possible violation of abandoned vehicles and section 118 .34 with a vehicle that is inoperative or without a current state license tag on Highway 17.
Nice job. >> I set it up for us.
Week received a complaint from this property on Valentine's Day and hand-delivered all of the notices to Ms. Dekanchuck with everything you just read. There was heavy equipment and then we got this that it was going to move into that the property directly south , which is 1475 also he owns it but has all of his stuff on it but came before the board last February and it is maxed out at 25,000.
Okay.
So supposedly was going to move everything to this property .
Well, he still has everything on the property, but also when we did more research on the zoning and everything, because the other one had that and this one does not and we said oh he actually cannot get this inside the building and were counted in the building but you cannot put all of this outside .
I would love to see a survey of the property because we would like to know where the right-of-way line is .
He was pretty upset and he said he would be coming down here, but he did not come down here. The stock would like to recommend finding him noncompliant with the hearing April 17.
Do you think we should spread out more of these hearings? April 17 is going to be a double agenda with everything we had today plus all of the new structures.
I know.
>> Which scenario do you want to see more what it looks like?
Is there still a sign apologizing to the people of Seville?
Yes. There is.
Thank you. All right. So you see the blue square that lot is 1475 that holds the items now and then the one right above it in the red square is where the issue is now which has a whole bunch more with the tire tracks and the
U-hauls and this is just what it used to look like. This will give you an idea .
What is the date of this image?
February 3, 2015. He had issues in Orange City and then he bought this property and moved it all up to here and then said I didn't realize that this wasn't allowed and we said then you have to do your research first, and he did not do that.
Ya.
Mr. Chairman, I will move for case CEB2019064 , CEB2019065 , CEB2019066, CEB2019067, CEB2019068 with the complaints date of April 3 to impose the fine April 17.
Second. are you sure about April?
Yeah.
All right. There is another here, George. This is the last case you are right. Seconded by Pete and all those in favor signify by saying aye . Motion carries.
That was quick. Anything from Charlie?
Another one . It came out . It was from Saint Petersburg. I shared it with the County and they changed it.
Okay.
There are not very many that come out.
All right. Thank you. Nothing from staff? All right.
One thing. Apparently there was a sixth position. Can we speak to the members of the code board to get a copy of the new one, please?
The Florida zoning code? There is the Florida zoning code
and actually I felt really silly then because I'm actually the one who knows that it was the wrong code section. I got the notice changed . And then you ask me and I say oh yeah because it was 1093 for I don't know how many years .
Rights.
I would have been glad to have them for you. We are good. You can look at it in the library. My personal fund. Yeah.
All right. With that we are adjourned.
>> [ Event concluded ]
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