code enforcement boardagendas.palmcoastgov.com/meetings/2011/3/123_m... · pamela richardson, paul...

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1 CODE ENFORCEMENT BOARD Wednesday, March 2, 2011 at 9:00 a.m. Palm Coast Community Center City Council Meeting Room 305 Palm Coast Parkway NE, Palm Coast, Florida MEMBERS PRESENT: Edward Allen, Dale Beck, Kenneth Klinkenberg, Norman Mugford, Pamela Richardson, Paul Wilhelmsen, Don Allard STAFF MEMBERS PRESENT: Code Enforcement Manager Grossman, Code Enforcement Supervisors Chaudoin and Donovan, Code Enforcement Officers Festa, Hadden, MacDonald, Mendez, Romeo, and Sagala, William Wry, Sr. Staff Assistant, Larry Woodrome, Chief Building Official, Larry Hites, Senior Building Inspector, Inspector Johnstone, Tree Inspector, Animal Control Officer Adorante, Debra Babb-Nutcher, Counsel A. Call to Order and Pledge of Allegiance. The meeting was called to order at 9:00 a.m. by Chairman Kenneth Klinkenberg, followed by the Pledge of Allegiance. B. Roll Call and Determination of Quorum. Roll was called. A quorum was met with seven (7) members present. C. Approval of the February 2, 2011 Meeting Minutes. The minutes were unanimously approved. D. Disclosure of Ex-Parte Communications. None to report. E. Swearing-in of Staff. Code Enforcement Manager Barbara Grossman, Supervisors Chaudoin and Donovan, Code Enforcement Officers Festa, Hadden, MacDonald, Mendez, Romeo, Sagala, William Wry, Sr. Staff Assistant, Larry Woodrome, Chief Building Official, Larry Hites, Senior Building Inspector, Tree Inspector Johnstone, Animal Control Officer Adorante F. Swearing in of Respondents: The respondents who were present were sworn in by Debra Babb-Nutcher, Counsel for the City of Palm Coast.

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Page 1: CODE ENFORCEMENT BOARDagendas.palmcoastgov.com/meetings/2011/3/123_M... · Pamela Richardson, Paul Wilhelmsen, Don Allard STAFF MEMBERS PRESENT: Code Enforcement Manager Grossman,

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CODE ENFORCEMENT BOARD

Wednesday, March 2, 2011 at 9:00 a.m.

Palm Coast Community Center

City Council Meeting Room

305 Palm Coast Parkway NE, Palm Coast, Florida

MEMBERS PRESENT: Edward Allen, Dale Beck,

Kenneth Klinkenberg, Norman Mugford,

Pamela Richardson, Paul Wilhelmsen, Don

Allard

STAFF MEMBERS PRESENT: Code Enforcement Manager Grossman, Code

Enforcement Supervisors Chaudoin and

Donovan, Code Enforcement Officers Festa,

Hadden, MacDonald, Mendez, Romeo, and

Sagala, William Wry, Sr. Staff Assistant, Larry

Woodrome, Chief Building Official, Larry Hites,

Senior Building Inspector, Inspector Johnstone,

Tree Inspector, Animal Control Officer

Adorante, Debra Babb-Nutcher, Counsel

A. Call to Order and Pledge of Allegiance.

The meeting was called to order at 9:00 a.m. by Chairman Kenneth

Klinkenberg, followed by the Pledge of Allegiance.

B. Roll Call and Determination of Quorum.

Roll was called. A quorum was met with seven (7) members present.

C. Approval of the February 2, 2011 Meeting Minutes.

The minutes were unanimously approved.

D. Disclosure of Ex-Parte Communications.

None to report.

E. Swearing-in of Staff. Code Enforcement Manager Barbara

Grossman, Supervisors Chaudoin and Donovan, Code Enforcement

Officers Festa, Hadden, MacDonald, Mendez, Romeo, Sagala,

William Wry, Sr. Staff Assistant, Larry Woodrome, Chief Building

Official, Larry Hites, Senior Building Inspector, Tree Inspector

Johnstone, Animal Control Officer Adorante

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

sworn in by Debra Babb-Nutcher, Counsel for the City of Palm Coast.

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G. Withdrawn Cases:

AI# 7 CASE NO. 2011011262 - 94 Bickford Drive

CASE NO. 2010091083 - 94 Bickford Drive

AI# 11 CASE NO. 2011010006 - 36 Westbriar Lane

AI# 13 CASE NO. 2011010392 - 5 Wilksboro Place

AI# 14 CASE NO. 2011010391 - 5 Wilksboro Place

AI# 16 CASE NO. 2011010091 - 117 Red Mill Driv

AI# 24 CASE NO. 2010120590 - 200 Beechwood Lane

AI# 32 CASE NO. 2010120945 – 39 Princess Kathleen Lane

AI#34 CASE NO. 2011010295 – 26 Lamour Lane

AI#28 CASE NO. 2010100266 – 29 Pine Hill Lane

1. AI# 2

CASE NO. 2010120518 BR

City of Palm Coast vs. Delta Mechinal Inc.

10 Pointer Place

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

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

evidence. The evidence was shown to the Respondent. Officer Romeo testified the

property is in compliance. Staff recommends a No Fine Standing Order and

Administrative Costs. Fred Dudley, attorney for Delta Mechanical, Inc., and the plumber

for the Respondent, presented their side.

Mr. Mugford moved to find in this case that the Respondent was in violation

of the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Beck seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - No

Mr. Mugford – Yes Mr. Allard - No

Mr. Wilhelmsen – Yes

Motion carried 5/2.

2. A1#1

CASE NO. 2010120517 BR

City of Palm Coast vs. Oleg Manzheley

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10 Pointer Place

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

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

evidence. The Respondent was not present. Officer Romeo testified the property is in

compliance. Staff recommends a No Fine Standing Order and Administrative Costs.

Mr. Allen moved to dismiss the case. Mr. Mugford seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - No

Mr. Beck – Yes Ms. Richardson - No

Mr. Mugford – Yes Mr. Allard - No

Mr. Wilhelmsen - No

Motion failed.

Ms. Richardson moved to find in this case that the Respondent was in

violation of the City Code as charged and failed to correct the violation by

the time specified for correction by the Code Enforcement Officer; that the

violation is now corrected; that any violation of the same Code by

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

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

per day may be imposed. Mr. Allard seconded the motion

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – No Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion carried 6/1.

3. AI# 23

CASE NO. 2010120108 LM

City of Palm Coast vs. Jack & Lisa Stratford Wright

28 Banton Lane

(Palm Coast Code Section 35-76(d)(2) Nuisance-Accumulations)

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

evidence. Officer Mendez testified the property remains in violation. The Respondent

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was present prior to the meeting and signed a Stipulation for a Fine – Violation Order

Staff recommends approval of the Stipulation Order.

Ms. Richardson moved to find in this case that the Respondent is in violation

of the City Code as charged; that the Respondent correct the violation no

later than five (5) days after this Order is entered in writing; that, in the

event the Respondent does not comply with the Order, a fine in the amount

of $50.00 will be imposed for each and every day the violation continues past

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

Code Enforcement Officer to verify compliance with this Order; and

pursuant to the provisions of controlling law, the Respondent shall pay

Administrative Costs in the amount of $150.00 to the City. Mr. Allard

seconded the motion.

Roll was called:

Mr. Allen – No Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – No Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion carried 5/2.

4. AI# 10

CASE NO. 2010110442 DC

City of Palm Coast vs. Francisco De Oliveira

24 Felwood Lane

(Palm Coast Code Section 35-52(3) Nuisance-Loud & Raucous Noise)

Animal Control Officer Adorante presented case history and paperwork into evidence.

The evidence was shown to the Respondent. Officer Adorante testified the property is in

compliance. Staff recommends a No Fine Standing Order and Administrative Costs.

Frank DeOliviera, Respondent, presented his side.

Mr. Mugford moved to find in this case that the Respondent was in violation

of the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Beck seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

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Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

5. AI# 36

CASE NO. 2010100023 REDUCTION KJ

City of Palm Coast vs. Tatyana Deyak

60 Piedmont Drive

(Palm Coast Code Section 24-33 Erosion Control for Water Surface Bodies)

Tatyana Deyak, Respondent, presented her request for reduction of fine.

Mr. Mugford moved that the fine in this case be rescinded. Mr. Allard

seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

6. AI# 17

CASE NO. 2011010711 RECURRING JF

City of Palm Coast vs. David B. Kratka

5 Red Top Lane

(Palm Coast Code Section 44-34(c ) Parking of Com. Veh. In Residential Dist.)

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

evidence. The evidence was shown to the Respondent’s representative. Officer Festa

testified the property is in compliance. Staff recommends a No Fine Standing Order and

Administrative Costs. Kristi Rappoccio, property manager, presented her side.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Allard seconded the motion.

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Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

7. AI# 26

CASE NO. 2011010791 RECURRING LM

City of Palm Coast vs. Charles R. & Nancy C. Beckley

100 Coral Reef Court North

(Palm Coast Code Section44-34(c ) Parking of Comm. Veh. in Res. District)

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

evidence. The evidence was shown to the Respondent. Officer Mendez testified the

property remains in violation. Staff recommends a Fine – Violation Order and

Administrative Costs. Rodger Bennett, tenant, presented his side.

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

the City Code as charged; that the Respondent correct the violation no later

than one (1) day after this Order is entered in writing; that, in the event the

Respondent does not comply with the Order, a fine in the amount of $100.00

will be imposed for each and every day the violation continues past the

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

Enforcement Officer to verify compliance with this Order; and pursuant to

the provisions of controlling law, the Respondent shall pay Administrative

Costs in the amount of $150.00 to the City. Mr. Beck seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

8. AI# 30

CASE NO. 2009070154 REDUCTION MH

City of Palm Coast vs. Jose Azevedo

37 Price Lane

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

Jose Azevedo, Respondent, presented his request for reduction of fine.

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Ms. Richardson moved that the fine be reduced in this case from $43,200 to

$4,320.00, and that the Respondent has until March 25, 2011 to pay the

reduced amount and if not paid by that date, the fine shall revert to the

amount now due and all requested relief shall be deemed denied. Mr. Allard

seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - No

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford –No Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion carried 5/2.

9. AI# 12

CASE NO. 2011010017 RECURRING BMD

City of Palm Coast vs. John E. Gambone

76 Whittington Drive

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

Code Enforcement Officer MacDonald presented case history, paperwork, and photos

into evidence. The Respondent was not present. Officer MacDonald testified the

property is in compliance. Staff recommends a No Fine Standing Order – Recurring

Violation and Administrative Costs.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Wilhelmsen seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

10. AI# 5

CASE NO. 2010110699 RS

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City of Palm Coast vs. Louiman & Christianiste H. Thomas & Cherilus &

Aussilia Simon

4 Potwood Place

(Palm Coast Code Section 44-34(a) Unlicensed Vehicle(s))

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

The evidence was shown to the Respondent. Officer Sagala testified the property

remains in violation. Staff recommends a Fine – Violation Order and Administrative

Costs. Jeanette Simon, Respondent, presented the required information to remedy the

violation.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative costs in the amount of $150.00 to the City. Mr.

Wilhelmsen seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Absent

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion carried 6/0

11. AI# 15

CASE NO. 2011010239 BMD

City of Palm Coast vs. Benito & Romy Desir

75 Woodbury Drive

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

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

evidence. The evidence was shown to the Respondent. Officer MacDonald testified the

property remains in violation. Staff recommends a Fine – Violation Order and

Administrative Costs. Benito Desir, Respondent, presented his side.

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

the City Code as charged; that the Respondent correct the violation no later

than fifteen (15) days after this Order is entered in writing; that, in the event

the Respondent does not comply with the Order, a fine in the amount of

$25.00 will be imposed for each and every day the violation continues past

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

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Code Enforcement Officer to verify compliance with this Order; and

pursuant to the provisions of controlling law, the Respondent shall pay

Administrative Costs in the amount of $150.00 to the City. Ms. Richardson

seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

12. AI# 9

CASE NO. 2011010736 RECURRING BR

City of Palm Coast vs. Keith & Stacey Derstine

47 Point Pleasant Drive

(Palm Coast Code Section 44-34(c ) Parking of Utility Trailer in Res. District)

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

evidence. The evidence was shown to the Respondent. Officer Romeo testified the

property is in compliance. Staff recommends a No Fine Standing Order – Recurring

Violation and Administrative Costs. Keith Derstine, Respondent, presented his side.

Mr. Mugford moved to find in this case that the Respondent was in violation

of the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Wilhelmsen seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

13. AI# 25

CASE NO. 2011010461 RECURRING LM

City of Palm Coast vs. Countrywide Bank FSB

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13 Chadwick Court

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

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

evidence. The Respondent was not present. Officer Mendez testified the property is in

compliance. Staff recommends a No Fine Standing Order and Administrative Costs.

Mr. Mugford moved to find in this case that the Respondent was in violation

of the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Wilhelmsen seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

14. AI# 8

CASE NO. 2010120939 RECURRING BR

City of Palm Coast vs. Suzette C. Garcia & Tyler Hurry

23 Essington Lane

(Palm Coast Code Section 36-76(d)(2) Nuisance-Overgrown Conditions)

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

evidence. The Respondent was not present. Officer Romeo testified the property remains

in violation. Staff recommends a Fine – Violation Order and Administrative Costs.

Mr. Wilhelmsen moved to find in this case that the Respondent is in violation

of the City Code as charged; that the Respondent correct the violation no

later than three (3) days after this Order is entered in writing; that, in the

event the Respondent does not comply with the Order, a fine in the amount

of $25.00 will be imposed for each and every day the violation continues past

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

Code Enforcement Officer to verify compliance with this Order; and

pursuant to the provisions of controlling law, the Respondent shall pay

Administrative Costs in the amount of $150.00 to the City. Ms. Richardson

seconded the motion.

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Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

15. AI# 3

CASE NO. 2010120812 RS

City of Palm Coast vs. Michael Van Heusen

64 Burnell Drive

(Palm Coast Code Section 44-34(c ) Parking of Utility Trailer in Res. District)

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

evidence. The Respondent was not present. Officer Sagala testified the property is in

compliance. Staff recommends a No Fine Standing Order and Administrative Costs.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

was corrected; that the violation recurred; that any violation of the same

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

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

$5,000.00 per day may be imposed; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Ms. Richardson seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

16. AI# 4

CASE NO. 2010120811 RS

City of Palm Coast vs. Michael Van Heusen

64 Burnell Drive

(Palm Coast Code Section 44-34(a) Unlicensed Vehicle(s))

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

evidence. The Respondent was not present. Officer Sagala testified the property remains

in violation. Staff recommends a Fine – Violation Order.

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Mr. Wilhelmsen moved to find in this case that the Respondent is in violation

of the City Code as charged; that the Respondent correct the violation no

later than five (5) days after this Order is entered in writing; that, in the

event the Respondent does not comply with the Order, a fine in the amount

of $50.00 will be imposed for each and every day the violation continues past

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

Code Enforcement Officer to verify compliance with this Order. Ms.

Richardson seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

17. AI# 6

CASE NO. 2011010172 RS

City of Palm Coast vs. Robert S. & Diane M. Nelson

2 Burland Place

(Palm Coast Code Section 44-34(a) Unlicensed Vehicle(s))

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

evidence. The Respondent was not present. Officer Sagala testified the property is in

compliance. Staff recommends a No Fine Standing Order and Administrative Costs.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Ms.

Richardson seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

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18. AI# 18

CASE NO. 2011010342 RECURRING JF

City of Palm Coast vs. Martin Stark & Kristen Talbot

48 Riviera Drive

(Palm Coast Code Section 44-34(c1 Parking of Com. Veh. In Residential Dist.)

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

evidence. The Respondent was not present. Officer Festa testified the property is in

compliance. Staff recommends a No Fine Standing Order – Recurring Violation and

Administrative Costs.

Mr. Wilhelmsen moved to find in this case that the Respondent was in

violation of the City Code as charged and failed to correct the violation by

the time specified for correction by the Code Enforcement Officer; that the

violation was corrected; that the violation recurred; that any violation of the

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

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

to $5,000.00 per day may be imposed; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Mr. Allard seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

19. AI# 18

CASE NO. 2011010343 RECURRING JF

City of Palm Coast vs. Martin Stark & Kristen Talbot

48 Riviera Drive

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

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

evidence. The Respondent was not present. Officer Festa testified the property is in

compliance. Staff recommends a No Fine Standing Order.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed. Ms. Richardson seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

20. AI# 19

CASE NO. 2010071657 MASSEY JF

City of Palm Coast vs. Krunoslav Bjelajac

91 Robinson Drive

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

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

evidence. The Respondent was not present. Officer Festa testified the property remains

in violation. Staff recommends a fine for the period of non-compliance and

Administrative Costs.

Ms. Richardson moved to find in this case that the Respondent was in

violation of the City Code as charged; that the Respondent failed to correct

the violation by the time specified for correction by the Code Enforcement

Board in the Board’s Order entered into evidence in this case; that the

Respondent has not brought the property into compliance; that a $25.00 per

day fine is imposed for the period of non-compliance from October 13, 2010

to March 2, 2011; totaling $3,550.00 and that a fine of $25.00 per day shall

continue to run until the property is brought into compliance and an

Affidavit of Compliance has been filed by the Code Enforcement Officer.

The Respondent is further ordered to contact the Code Enforcement Officer

to verify compliance with this Order; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Mr. Allard seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

21. AI# 20

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CASE NO. 2011010398 REPEAT JF

City of Palm Coast vs. Hansaben R. Patel

19 Rosepetal Lane

(Palm Coast Code Section 44-34(c ) Parking of Com. Veh. In Residential Dist.)

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

evidence. The Respondent was not present. Officer Festa testified the property remains

in violation. Staff recommends a fine for the period of non-compliance and

Administrative Costs.

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

violation of City Code as charged based on the Board’s prior Order entered

against the same Respondent for the same violation; that the Respondent has

not brought the property into compliance as of March 2, 2011; that a $250.00

per day fine is imposed for the period of non-compliance from January 11,

2011 to March 2, 2011; totaling $12,500.00; that a fine of $250.00 per day

shall continue to run until the property is brought into compliance and an

Affidavit of Compliance has been filed by the Code Enforcement Officer. The

Respondent is further ordered to contact the Code Enforcement Officer to

verify compliance with this Order; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Mr. Wilhelmsen seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

22. AI# 21

CASE NO. 2011010463 RECURRING JF

City of Palm Coast vs. Enrique Adler

37 Rycroft Lane

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

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

evidence. The Respondent was not present. Officer Festa testified the property is in

compliance. Staff recommends a No Fine Standing Order and Administrative Costs.

Mr. Mugford moved to find in this case that the Respondent was in violation

of the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

is now corrected; that any violation of the same Code by Respondent within

five (5) years of the date of the Order shall be treated as a repeat violation as

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

imposed; and pursuant to the provisions of controlling law, the Respondent

shall pay Administrative Costs in the amount of $150.00 to the City. Mr.

Wilhelmsen seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

23. AI# 22

CASE NO. 2010050815 MASSEY JF

City of Palm Coast vs. Vanessa Pimentel

23 Rymer Lane

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

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

evidence. The Respondent was not present. Officer Festa testified the property remains

in violation. Staff recommends a fine for the period of non-compliance and

Administrative Costs.

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

the City Code as charged; that the Respondent failed to correct the violation

by the time specified for correction by the Code Enforcement Board in the

Board’s Order entered into evidence in this case; that the Respondent has

not brought the property into compliance; that a $25.00 per day fine is

imposed for the period of non-compliance from July 14, 2010 to March 2,

2011; totaling $5,775.00; and that a fine of $25.00 per day shall continue to

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

Compliance has been filed by the Code Enforcement Officer. The

Respondent is further ordered to contact the Code Enforcement Officer to

verify compliance with this Order; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Mr. Allard seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

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24. AI# 27

CASE NO. 2010091236 MH

City of Palm Coast vs. Sergey & Maria Volkov

42 Pin Oak Drive

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

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

The Respondent was not present. Officer Hadden testified the property remains in

violation. Staff recommends a Fine – Violation Order and Administrative Costs.

Mr. Wilhelmsen moved to find in this case that the Respondent is in violation

of the City Code as charged; that the Respondent correct the violation no

later than five (5) days after this Order is entered in writing; that, in the

event the Respondent does not comply with the Order, a fine in the amount

of $25.00 will be imposed for each and every day the violation continues past

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

Code Enforcement Officer to verify compliance with this Order; and

pursuant to the provisions of controlling law, the Respondent shall pay

Administrative Costs in the amount of $150.00 to the City. Ms. Richardson

seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

25. AI# 29

CASE NO. 2011010028 REPEAT MH

City of Palm Coast vs. Yury & Viktoria Bronshteyn

63 Plain View Drive

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

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

evidence. The Respondent was not present. Officer Hadden testified the property is in

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

Administrative Costs.

Ms. Richardson moved to find in this case that the Respondent was in repeat

violation of City Code as charged based on the Board’s prior Order entered

against the same Respondent for the same violation; that the Respondent

brought the property into compliance on December 30, 2010; that a $100.00

per day fine is imposed for the period of non-compliance on December 30,

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2010; totaling $100.00; and pursuant to the provisions of controlling law, the

Respondent shall pay Administrative Costs in the amount of $150.00 to the

City. Mr. Allard seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – No Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion carried 6/1.

26. AI# 31

CASE NO. 2011010339 RECURRING MH

City of Palm Coast vs. Ilya Sirota

37 Princess Dolores Lane

(Palm Coast Code Section 44-34(f) Trailer/Boat Improperly Parked)

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

evidence. The Respondent was not present. Officer Hadden testified the property is in

compliance. Staff recommends a No Fine Standing Order – Recurring Violation and

Administrative Costs.

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

the City Code as charged and failed to correct the violation by the time

specified for correction by the Code Enforcement Officer; that the violation

was corrected; that the violation recurred; that any violation of the same

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

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

$5,000.00 per day may be imposed; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Mr. Mugford seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

27. AI# 33

CASE NO. 2011010544 REPEAT MH

City of Palm Coast vs. Rosa, Carlos M, & Jessenia Benitez

17 Puritan Lane

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

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

evidence. The Respondent was not present. Officer Hadden testified the property is in

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

Administrative Costs.

Mr. Allard moved to find in this case that the Respondent was in repeat

violation of City Code as charged based on the Board’s prior Order entered

against the same Respondent for the same violation; that the Respondent

brought the property into compliance on January 19, 2011; that a $500.00

per day fine is imposed for the period of non-compliance from January 18,

2011 to January 19, 2011; totaling $500.00; and pursuant to the provisions of

controlling law, the Respondent shall pay Administrative Costs in the

amount of $150.00 to the City. Ms. Richardson seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

28. AI# 33

CASE NO. 2010110875 MH

City of Palm Coast vs. Rosa, Carlos M, & Jessenia Benitez

17 Puritan Lane

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

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

evidence. The Respondent was not present. Officer Hadden testified the property

remains in violation. Staff recommends a Fine – Violation Order.

Mr. Wilhelmsen moved to find in this case that the Respondent is in violation

of the City Code as charged; that the Respondent correct the violation no

later than five (5) days after this Order is entered in writing; that, in the

event the Respondent does not comply with the Order, a fine in the amount

of $25.00 will be imposed for each and every day the violation continues past

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

Code Enforcement Officer to verify compliance with this Order. Ms.

Richardson seconded the motion.

Roll was called:

Mr. Allen – No Mr. Klinkenberg - Yes

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Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion carried 6/1.

29. AI# 33

CASE NO. 2011011021 REPEAT MH

City of Palm Coast vs. Rosa, Carlos M, & Jessenia Benitez

17 Puritan Lane

(Palm Coast Code Section 44-34(a) Unlicensed Vehicle(s))

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

evidence. The Respondent was not present. Officer Hadden testified the property is in

compliance. Staff recommends a fine for the period of non-compliance.

Mr. Wilhelmsen moved to find in this case that the Respondent was in repeat

violation of City Code as charged based on the Board’s prior Order entered

against the same Respondent for the same violation; that the Respondent

brought the property into compliance on February 18, 2011; that a $500.00

per day fine is imposed for the period of non-compliance from January 25,

2011 to February 17, 2011; totaling $11,500.00. Ms. Richardson seconded the

motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

30. AI# 35

CASE NO. 2010051284 MASSEY MD

City of Palm Coast vs. Marzia Moore

9 Louisiana Drive

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

Code Enforcement Supervisor Donovan presented case history, paperwork and photos

into evidence. Supervisor Donovan testified the property remains in violation. Staff

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

Ms. Richardson moved to find in this case that the Respondent was in

violation of the City Code as charged; that the Respondent failed to

correct the violation by the time specified for correction by the Code

Enforcement Board in the Board’s Order entered into evidence in this

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case; that the Respondent has not brought the property into

compliance; that a $25.00 per day fine is imposed for the period of

non-compliance from September 8, 2010 to March 1, 2011; totaling

$5,100.00; and that a fine of $25.00 per day shall continue to run until

the property is brought into compliance and an Affidavit of

Compliance has been filed by the Code Enforcement Officer. The

Respondent is further ordered to contact the Code Enforcement

Officer to verify compliance with this order; and pursuant to the

provisions of controlling law, the Respondent shall pay

Administrative Costs in the amount of $150.00 to the City. Mr. Allard

seconded the motion.

Roll was called:

Mr. Allen – Yes Mr. Klinkenberg - Yes

Mr. Beck – Yes Ms. Richardson - Yes

Mr. Mugford – Yes Mr. Allard - Yes

Mr. Wilhelmsen – Yes

Motion unanimously carried.

UNFINISHED BUSINESS:

None to report.

NEW BUSINESS:

Mr. Klinkenberg asked Counsel for clarification on whether Code Enforcement

could cite a violator as opposed to the property owner. Counsel advised both can be

cited, however the burden of the lien would be to the property owner.

Mr. Mugford was of the opinion that violators should be cited, and if non-

compliant, the City could refuse issuing permits. City Counsel advised the Code

Enforcement Board could not take action against a contractor’s business license.

City Counsel also explained what the Administrative Costs that are assessed cases

includes. Explanation of number of visits, paperwork, etc. is included in the

Administrative Costs.

Mr. Allen stated he felt that with the number of Code Enforcement Officers

employed by the City, it would be difficult to cover all the violations. He was

reminded that swale parking is enforced by the Flagler County Sheriff’s Office and

that parking in the swales is permitted except for between the hours of 1:00 a.m.

and 6:00 a.m.

Code Enforcement Supervisor Donovan advised there are two animal control

officers at present. Mr. Allen questioned why there are codes that he doesn’t feel

can be enforced, i.e., animal excreta. City Counsel advised that if an Affidavit of

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Complaint is completed by a neighbor, etc., that person should be present to testify

at the Code Enforcement Board Hearing.

OLD BUSINESS:

None to report.

ANNOUNCEMENT OF NEXT MEETING:

Next Code Board Meeting – April 20, 2011

ADJOURNMENT

The meeting was adjourned at 12:15 p.m.

Respectfully submitted,

Carol Hickey

Secretary to the Board

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

participate in any of these proceedings should contact Wendy Cullen, at 386-986-3720 at

least 48 hours prior to the meeting or visit Palm Coast City Offices, 160 Cypress Point

Parkway, Suite B-106, Palm Coast, FL 32164. If any person decides to appeal a decision

made by the Code Enforcement Board with respect to any matter considered at such

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

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

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

responsible for any mechanical failure of recording equipment.

All pagers and cell phones are to remain OFF while the Code Enforcement Board

hearing is in session.