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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G. Withdrawn Cases: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
10
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
14
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
16
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.
17
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,
18
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
19
(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
20
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
21
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
22
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.