Post on 11-Mar-2020
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CODE ENFORCEMENT BOARD
Wednesday, October 2, 2013 at 9:00 a.m.
Palm Coast Community Center
City Council Meeting Room
305 Palm Coast Parkway NE, Palm Coast, Florida
MEMBERS PRESENT: Neil Copeland, Ed Allen, Kenneth Klinkenberg, Norman
Mugford, Tameka McDowell, Dean Roberts
MEMBERS EXCUSED: Robert Branin
STAFF MEMBERS PRESENT: Code Enforcement Manager Grossman, Code Enforcement
Supervisor Donovan, Code Enforcement Officers Hadden,
Romeo, Arena, Festa, MacDonald, Colasanti, Sagala, Esposito,
Mendez and Debra Babb-Nutcher, Counsel
A. Call to Order and Pledge of Allegiance.
The meeting was called to order at 9:00 a.m. by Mr. Mugford, followed by the Pledge of
Allegiance.
B. Roll Call and Determination of Quorum.
Roll was called. A quorum was met with six (6) members present.
C. Approval of the September 4, 2013 Meeting Minutes.
The minutes were unanimously approved.
D. Disclosure of Ex-Parte Communications.
None to report.
E. Swearing-in of Staff. Code Enforcement Manager Grossman, Code Enforcement Supervisor
Donovan, Code Enforcement Officers Hadden, Romeo, Arena, Festa, MacDonald,
Colasanti, Sagala, Esposito, Mendez were sworn in by Debra Babb-Nutcher, Counsel.
F. Swearing in of Respondents: The respondents who were present were sworn in by Debra
Babb-Nutcher, Counsel for City of Palm Coast.
G. Withdrawn Case
AI# 2 CASE NO. 2013070479 - 17 Beckner Lane
AI# 8 CASE NO. 2013072266 - 14 Parkview Drive
AI# 13A CASE NO. 2013070576 - 14 Claridge Court South
AI# 13B CASE NO.2013072040 - 14 Claridge Court South
AI# 15 CASE NO. 2013061554 - 8 Corona Court
AI# 21 CASE NO. 2013050981 - 125 Sea Trail
AI# 26 CASE NO. 2013070319 - 15 Beauford Lane
AI# 27 CASE NO. 2013060772 - 10 Birchshire Lane
AI# 42 CASE NO. 2013071284 - 8 Radial Place
AI# 44 CASE NO. 2013072393 - 44 Raemoor Drive
AI# 49 CASE NO. 2013070493 - 41 Ryarbor Drive
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AI# 50 CASE NO. 2013070494 - 43 Ryarbor Drive
AI# 55 CASE NO. 2013071169 - 150 Wellstone Drive
AI# 62 CASE NO. 2013072028 - 10 Emerald Lane
AI# 63 CASE NO. 2013051294 - 26 Emerson Drive
AI# 64 CASE NO. 2013071453 -78 Esperanto Drive
AI# 65 CASE NO. 2013062356 - 26 Edgely Lane
1. AI# 58
CASE NO. 2012110977 BR
City of Palm Coast vs. Paul R. & Virginia M. Schettino
1 Wood Crest Lane
(Palm Coast Code Section 15-108(c ) Sidewalks & Driveway in Disrepair)
Code Enforcement Officer Romeo presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Romeo testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs. Paul Schettino, Respondent, presented
his side.
Mr. Klinkenberg moved to continue this case until the next Code Enforcement Board
meeting. Mrs. McDowell seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mrs. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
2. AI# 57
CASE NO. 2013030570 BR
City of Palm Coast vs. Partick N. & Tammy Del Sordo
1 Westfalls Lane
(Palm Coast Code Section 15-1 No Permit for Fence)
Code Enforcement Officer Romeo presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Romeo testified the property remains in violation. Staff
recommends a Fine- Violation Order and Administrative Costs. Patrick DelSordo, Respondent, presented
his side.
Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than five (5) days after
this Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Allen seconded the motion.
Roll was called:
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Mr. Copeland – No Mr. Mugford - Yes
Mr. Allen – Yes Mrs. McDowell - No
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion carried 4/2.
3. AI# 31
CASE NO. 2013062310 LM
City of Palm Coast vs. Richard Vieitez
10 Ryland Place
(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District)
Code Enforcement Officer Mendez presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Mendez testified the property is in compliance. Staff
recommends a No Fine Standing Order and Administrative Costs. Richard Vieitez, Respondent,
presented his side.
Mr. Klinkenberg moved to find in this case that the Respondent was in violation of the City
Code as charged and failed to correct the violation by the time specified for correction by the
Code Enforcement Officer; that the violation is now corrected; that any violation of the
same Code by Respondent within five (5) years of the date of the Order shall be treated as a
repeat violation as defined by State law for which a fine of up to $5,000.00 may be imposed.
The Respondent shall pay Administrative Costs to the City in the amount of $45.85. Mr.
Allen seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
4. AI# 7
CASE NO. 2013031236 MASSEY BMD
City of Palm Coast vs. Derek & Paula Conklin
4 Lindberg Lane
(Palm Coast Code Section 15-108(h) Unlicensed Vehicle)
Code Enforcement Officer MacDonald presented case history, paperwork and photos. The evidence was
shown to the Respondent. Officer MacDonald testified the property is in compliance. Staff recommends a
fine for the period of non-compliance and Administrative Costs. Derek Conklin, Respondent, presented
his side.
Mr. Klinkenberg moved to find in this case that Respondent was in violation of the City
Code as charged; that the Respondent failed to correct the violation by the time specified for
correction by the Code Enforcement Board in the Board’s Order entered into evidence in
this case; that the Respondent brought the property into compliance on July 31, 2013. No
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fine is imposed for the period of non-compliance from July 16, 2013 to July 30, 2013. The
Respondent shall pay Administrative Costs to the City in the amount of $61.30. Mrs.
McDowell seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
5. AI# 23
CASE NO. 2013042194 JC
City of Palm Coast vs. Richard & Mary Ann Barden
101 Selma Trail
(Palm Coast Code Section 17-39(a) Residential Rental Program)
Code Enforcement Officer Colasanti presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Colasanti testified the property remains in violation.
Staff recommends a Fine – Violation Order and Administrative Costs. Mary Ann Barden, Respondent,
presented her side.
Mr. Klinkenberg moved to dismiss this case. Mrs. McDowell seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
6. AI# 14
CASE NO. 2013051891 PA
City of Palm Coast vs. Rev. Thomas D. Newman, Trustee
39 Cooper Lane
(Palm Coast Code Section 17-39(a) Residential Rental Program)
Code Enforcement Officer Arena presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Arena testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs. Robert Burris, representative for
Respondent, presented his side.
Mr. Klinkenberg moved to continue this case. Mr. Copeland seconded the motion.
Roll was called:
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Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
7. AI# 54
CASE NO. 2013071653 RECURRING BR
City of Palm Coast vs. Philip A. Rotunno
42 Wellhaven Lane
(Palm Coast Code Section 44-34(d)(2) Parking of Boat & Trailer
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. Philip Rotunno,
Respondent, presented his side.
Mr. Klinkenberg moved to find in this case that the Respondent was in violation of 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 may be imposed. The Respondent shall pay Administrative Costs to the City in
the amount of $45.85. Mr. Allen seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
8. AI# 1
CASE NO. 2013051116 ME
City of Palm Coast vs. Nathaniel Moss
8 Floral Court
(Palm Coast Code Section 15-107(a)(1)(b) Rebuild or Demolish Burned out Structure)
Code Enforcement Officer Esposito presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Esposito testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs. Steven Moss, son of Respondent,
presented his side.
Mr. Copeland moved to continue this case for sixty (60) days. Mrs. McDowell seconded the
motion.
Roll was called:
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Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
9. AI# 18
CASE NO. 2013080632 RECURRING RS
City of Palm Coast vs. Shane Dennis Jr.
36 Florida Park Drive
(Palm Coast Code Section 44-34(d)(2) Parking of Boat & Trailer)
Code Enforcement Officer Sagala presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Sagala testified the property is in compliance. Staff
recommends a No Fine Standing Order - Recurring Violation and Administrative Costs. Shelly Dennis,
mother of Respondent, presented her side.
Mr. Klinkenberg moved to find in this case that the Respondent was in violation of City
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 may be imposed. The Respondent shall pay Administrative Costs to the City in
the amount of $45.85. Mr. Allen seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
10. AI# 10
CASE NO. 2013080641 REPEAT MH
City of Palm Coast vs. Randy A. & Lori C. Proctor
42B Pine Haven Drive
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
Code Enforcement Officer Hadden presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Hadden testified the property is in compliance. Staff
recommends a fine for the period of non-compliance and Administrative Costs. Sharon Meier, property
manager, presented her side.
Mrs. McDowell moved to find in this case that the Respondent was in repeat violation of City
Code as charged based on the Board’s prior Order entered against the same Respondent for
the same violation; that the Respondent brought the property into compliance on August 8,
2013, that a $100.00 per day fine is imposed for the period of non-compliance from August 6,
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2013 to August 7, 2013. The Respondent shall pay Administrative Costs to the City in the
amount of $61.75. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford – Yes
Mr. Allen – Yes Mrs. McDowell – Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
11. AI# 43
CASE NO. 2013042959 MASSEY JF
City of Palm Coast vs. Yelena Zdebskaya & Aleksandr Zdebskiy
71 Rae Drive
(Palm Coast Code Section 15-1 No Permit for Fence)
Code Enforcement Officer Festa presented case history, paperwork and photos into evidence. The
evidence was shown to the Respondent. Officer Festa testified the property is in compliance. Staff
recommends a fine for the period of non-compliance and Administrative Costs. Nicholas Puma, tenant,
presented his side.
Mr. Allen moved to find in this case that Respondent was in violation of the City Code as
charged; that the Respondent failed to correct the violation by the time specified for
correction by the Code Enforcement Board in the Board’s Order entered into evidence in
this case; that the Respondent brought the property into compliance on August 9, 2013; that
a $50.00 per day fine is imposed for the period of non-compliance from July 16, 2013 to
August 8, 2013; totaling $1,150.00. The Respondent shall pay Administrative Costs to the
City in the amount of $61.30. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – No Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – No Mr. Roberts – Yes
Motion carried 4/2.
12. AI# 17
CASE NO. 2013071737 RS
City of Palm Coast vs. Perry A. Scholl, Sr.
16 Flint Hill Lane
(Palm Coast Code Section 44-34(d)(2) Parking of RV)
Code Enforcement Officer 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. Perry Scholl, Respondent, presented his
side.
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Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than 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 $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Allen seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
13. AI# 46A
CASE NO. 2013060958 MASSEY JF
City of Palm Coast vs. Carole & Linwood & Natasha Taylor
72 Rolling Sands Drive
(Palm Coast Code Section 15-108(h) Unlicensed Vehicle)
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. Klinkenberg 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 $50.00
per day fine is imposed for the period of non-compliance from July 16, 2013 to October 1,
2013; totaling $4,050.00; and that a fine of $50.00 per day shall continue to run until the
property is brought into compliance and an Affidavit of Compliance has been filed by the
Code Enforcement Officer. The Respondent is further ordered to contact the Code
Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $61.30. When the property comes into
compliance, an Affidavit of Compliance will be issued. If the Respondent does not pay the
fine or request a hearing within twenty (20) days from the date of the Affidavit, an
additional amount of $33.40 will be added for Administrative Costs. Mrs. McDowell
seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
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14. AI# 46B
CASE NO. 2013060363 MASSEY JF
City of Palm Coast vs. Carole & Linwood & Natasha Taylor
72 Rolling Sands Drive
(LDC & PC 602.1, 602.2, & 49.62(i) No Water in Residence)
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. Klinkenberg 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 12, 2013 to October 1,
2013; totaling $2,025.00; 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. The Respondent shall pay
Administrative Costs to the City in the amount of $61.30. When the property comes into
compliance, an Affidavit of Compliance will be issued. If the Respondent does not pay the
fine or request a hearing within twenty (20) days from the date of the Affidavit, an
additional amount of $33.40 will be added for Administrative Costs. Mr. Copeland seconded
the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
15. AI# 46C
CASE NO. 2013060364 MASSEY JF
City of Palm Coast vs. Carole & Linwood & Natasha Taylor
72 Rolling Sands Drive
(Palm Coast Code Section 35-76(a)(1) Stagnant Swimming Pool)
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, a Notice of Non Compliance and Request to Foreclose, and
Administrative Costs.
Mr. Klinkenberg 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
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this case; that the Respondent has not brought the property into compliance; that a
$1,000.00 per day fine is imposed for the period of non-compliance from July 16, 2013 to
October 1, 2013; totaling $81,000.00; and that a fine of $1,000.00 per day shall continue to
run until the property is brought into compliance and an Affidavit of Compliance has been
filed by the Code Enforcement Officer. In addition, a Notice of Non-Compliance and
Request to Foreclose is ordered. The Respondent is further ordered to contact the Code
Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $61.30. When the property comes into
compliance, an Affidavit of Compliance will be issued. If the Respondent does not pay the
fine or request a hearing within twenty (20) days from the date of the Affidavit, an
additional amount of $33.40 will be added for Administrative Costs. Mr. Allen seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
Code Enforcement Manager Grossman advised the Board that the request for foreclosure will be brought
before the Board in 90 days.
16. AI# 4
CASE NO. 2013072010 BB
City of Palm Coast vs. Prestige Plaza LLC
110 Cypress Point Parkway
(Palm Coast Code Section 35-76(a)(1) Nuisance-Hazard Trees)
Landscape Architect Butler presented case history, paperwork and photos into evidence. The Respondent
was not present. Architect Butler testified the property remains in violation. Staff recommends a fine for
the period of non-compliance and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than 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 $500.00 per day will be imposed for each and every day the
violation continues past the aforestated date; that the Respondent is further ordered to
contact the Code Enforcement Officer to verify compliance with this Order. The Respondent
shall pay Administrative Costs to the City in the amount of $60.85. Mr. Allen seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
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Motion unanimously carried.
17. AI# 5
CASE NO. 2013071847 REPEAT BMD
City of Palm Coast vs. Robert Norris
7 Billing Place
(Palm Coast Code Section 44-34(c ) Parking of Trailer in Residential District)
Code Enforcement Officer MacDonald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer MacDonald testified the property is in compliance. Staff
recommends a fine for the period of non-compliance and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent was in repeat violation of City
Code as charged based on the Board’s prior Order entered against the same Respondent for
the same violation; that the Respondent brought the property into compliance on August 13,
2013; that a $100.00 per day fine is imposed for the period of non-compliance from July 25,
2013 to August 12, 2013; totaling $1,900.00. The Respondent shall pay Administrative Costs
to the City in the amount of $61.30. Mrs. McDowell seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
18. AI# 6
CASE NO. 2013062920 REPEAT BMD
City of Palm Coast vs. David L. Strand
34 Biscayne Drive
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
Code Enforcement Officer MacDonald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer MacDonald testified the property is in compliance. Staff
recommends a fine for the period of non-compliance and Administrative Costs.
Mrs. McDowell moved to find in this case that the Respondent was in repeat violation of City
Code as charged based on the Board’s prior Order entered against the same Respondent for
the same violation; that the Respondent brought the property into compliance on August 18,
2013; that a $150.00 per day fine is imposed for the period of non-compliance from June 28,
2013 to August 17, 2013; totaling $7,650.00. The Respondent shall pay Administrative Costs
to the City in the amount of $62.20. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
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Motion unanimously carried.
19. AI# 9
CASE NO. 2013071480 RECURRING MH
City of Palm Coast vs. Violeta Lara
81 Perthshire Lane
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
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. Allen moved to find in this case that the Respondent was in violation of the City Code as
charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
20. AI# 11
CASE NO. 2013080577 REPEAT MH
City of Palm Coast vs. Aaron & Leslie H. Williams
34 Pritchard Drive
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
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.
Mrs. McDowell moved to find in this case that the Respondent was in repeat violation of City
Code as charged based on the Board’s prior Order entered against the same Respondent for
the same violation; that the Respondent brought the property into compliance on August 10,
2013; that a $50.00 per day fine is imposed for the period of non-compliance from August 8,
2013 to August 9, 2013; totaling $50.00. The Respondent shall pay Administrative Costs to
the City in the amount of $61.30. Mr. Roberts seconded the motion.
Roll was called:
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Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
21. AI# 12
CASE NO. 2013070197 RECURRING PA
City of Palm Coast vs. Lewis P. & Marilyn M. Parker
13 Blakefield Drive
(Palm Coast Code Section 44-34(f) Vehicle Improperly Parked)
Code Enforcement Officer Arena presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Arena testified the property is in compliance. Staff recommends a
No Fine Standing Order – Recurring Violation and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent was in violation of the City Code as
charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mr. Copeland seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
22. AI# 16
CASE NO. 2013080623 RECURRING RS
City of Palm Coast vs. Michael V. & Maryann Reiter
6 Cute Court
(Palm Coast Code Section 44-34(d)(2) Parking of Jet Ski & Trailer)
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 – Recurring Violation and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent was in violation of the City Code as
charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mr. Copeland seconded the motion.
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Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
23. AI# 19
CASE NO. 2013080716 REPEAT RS
City of Palm Coast vs. Darrell D. Thomas
65 Westchester Lane
(Palm Coast Code Section 44-34(d)(2) Parking of Boat & Trailer)
Code Enforcement Officer Sagala presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Sagala testified the property is in compliance. Staff recommends a
fine for the period of non-compliance and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent was in repeat violation of
City Code as charged based on the Board’s prior Order entered against the same
Respondent for the same violation; that the Respondent brought the property into
compliance on August 16, 2013; that a $150.00 per day fine is imposed for the period of non-
compliance from August 11, 2013 to August 15, 2013; totaling $750.00. The Respondent
shall pay Administrative Costs to the City in the amount of $62.20. Mrs. McDowell
seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
24. AI# 20
CASE NO. 2013070632 REPEAT JC
City of Palm Coast vs. William G. & Judith Gallo
83 Fortress Place
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
Code Enforcement Officer Colasanti presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Colasanti testified the property is in compliance. Staff recommends
a fine for the period of non-compliance and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent was in repeat violation of City
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 July 22,
2013; that a $100.00 per day fine is imposed for the period of non-compliance from July 11,
15
2013 to July 21, 2013; totaling $1,000.00. The Respondent shall pay Administrative Costs to
the City in the amount of $62.65. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
25. AI# 22
CASE NO. 2013042423 JC
City of Palm Coast vs. Alfredo F. Cortes
130 Sea Trail
(Palm Coast Code Section 17-39(a) Residential Rental Program)
Code Enforcement Officer Colasanti presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Colasanti testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent is in violation of the City Code as
charged; that the Respondent correct the violation no later than ten (10) days after this
Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Copeland seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
26. AI# 24
CASE NO. 2013080232 RECURRING JC
City of Palm Coast vs. Gene Perrin
51 Sleepy Hollow Trail
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
Code Enforcement Officer Colasanti presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Colasanti testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
16
Mr. Allen moved to find in this case that the Respondent is in violation of the City Code as
charged; that the Respondent correct the violation no later than 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. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Klinkenberg seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
27. AI# 25
CASE NO. 2013071377 RECURRING JC
City of Palm Coast vs. Timothy R. Deaton
19 Uhlerwood Court
(Palm Coast Code Section 44-34(c ) Parking of Trailer in Residential District)
Code Enforcement Officer Colasanti presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Colasanti testified the property is in compliance. Staff recommends
a No Fine Standing Order – Recurring Violation and Administrative Costs.
Mrs. McDowell moved to find in this case that the Respondent was in violation of the City
Code as charged and failed to correct the violation by the time specified for correction by the
Code Enforcement Officer; that the violation was corrected; that the violation recurred; that
any violation of the same Code by Respondent within five (5) years of the date of the Order
shall be treated as a repeat violation as defined by State law for which a fine of up to
$5,000.00 per day may be imposed. The Respondent shall pay Administrative Costs to the
City in the amount of $45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
28. AI# 28
CASE NO. 2013042961 LM
City of Palm Coast vs. Michael A. & Xiomeli Cordero
85 Birchwood Drive
(Palm Coast Code Section 15-1 No Permit for Fence)
17
Code Enforcement Officer Mendez presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Mendez testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than ten (10) days after
this Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
29. AI# 29
CASE NO. 2013070958 RECURRING LM
City of Palm Coast vs. Sean B. & Martina Adams
30 Boulder Rock Drive
(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District
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 – Recurring Violation and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent was in violation of the City Code as
charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
18
30. AI# 30
CASE NO. 2013062772 RECURRING LM
City of Palm Coast vs. Gregory & Yelena Moroshek
35 Rickenbacker Drive
(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District)
Code Enforcement Officer Mendez presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Mendez testified the property is in compliance. Staff recommends a
No Fine Standing Order – Recurring Violation and Administrative Costs.
Mrs. McDowell moved to find in this case that the Respondent was in violation of the City
Code as charged and failed to correct the violation by the time specified for correction by the
Code Enforcement Officer; that the violation was corrected; that the violation recurred; that
any violation of the same Code by Respondent within five (5) years of the date of the Order
shall be treated as a repeat violation as defined by State law for which a fine of up to
$5,000.00 per day may be imposed. The Respondent shall pay Administrative Costs to the
City in the amount of $45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
31. AI# 32
CASE NO. 2013070326 RECURRING LM
City of Palm Coast vs. Ronnie & Julie Aguair
12 Serbian Bellflower Trail
(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District)
Code Enforcement Officer Mendez presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Mendez testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Roberts 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 $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. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mrs. McDowell seconded the
motion.
Roll was called:
19
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
32. AI# 33
CASE NO. 2012111369 MASSEY LF
City of Palm Coast vs. 31 Karat Path Trust
31 Karat Path
(Palm Coast Code Section 17-39(a) Residential Rental Program)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property is in compliance. Staff recommends
a fine for the period of non-compliance and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent was in violation of the City Code
as charged; that the Respondent failed to correct the violation by the time specified for
correction by the Code Enforcement Board in the Board’s Order entered into evidence in
this case; that the Respondent brought the property into compliance on September 16, 2013;
that a $50.00 per day fine is imposed for the period of non-compliance from April 15, 2013 to
September 15, 2013, totaling $7,650.00. The Respondent shall pay Administrative Costs to
the City in the amount of $61.30. Mr. Copeland seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
33. AI# 34
CASE NO. 2013060487 MASSEY LF
City of Palm Coast vs. Joseph Patten & Ashley Phillips
18 Llacer Place
(Palm Coast Code Section 41-11(a) Trash Containers)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property remains in violation. Staff
recommends a fine for the period of non-compliance and Administrative Costs.
Mr. Copeland 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 12, 2013 to October 1,
2013; totaling $2,025.00; 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
20
Code Enforcement Officer. The Respondent is further ordered to contact the Code
Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $61.30. When the property comes into
compliance, an Affidavit of Compliance will be issued. If the Respondent does not pay the
fine or request a hearing within twenty (20) days from the date of the Affidavit, an
additional amount of $33.40 will be added for Administrative Costs. Mr. Allen seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
34. AI# 35
CASE NO. 2013060158 RECURRING LF
City of Palm Coast vs. Amber M. & Anthony Horn & Edward Michael Pockelwald
16 Llanes Place
(Palm Coast Code Section 41-11(a) Trash Containers)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Roberts 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 $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. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mrs. McDowell seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – No Mr. Roberts – Yes
Motion carried 5/1.
35. AI# 36
CASE NO. 2013061720 LF
City of Palm Coast vs. John L. & Stephanie J. Riso
9 Llovera Place
(Palm Coast Code Section 25-159(a) Swale Maintenance)
21
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Roberts moved to find in this case that the Respondent is in violation of the City Code as
charged; that the Respondent correct the violation no later than five (5) days after this
Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Copeland seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – No Mr. Roberts – Yes
Motion carried 5/1.
36. AI# 37A
CASE NO. 2013080699 RECURRING LF
City of Palm Coast vs. Alan & Donna Joselyn
10 Zealand Place
(Palm Coast Code Section 44-34(f) Vehicle Improperly Parked)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property is in compliance. Staff recommends
a No Fine Standing Order – Recurring Violation and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent was in violation of the City
Code as charged and failed to correct the violation by the time specified for correction by the
Code Enforcement Officer; that the violation was corrected; that the violation recurred; that
any violation of the same Code by Respondent within five (5) years of the date of the Order
shall be treated as a repeat violation as defined by State law for which a fine of up to
$5,000.00 per day may be imposed. The Respondent shall pay Administrative Costs to the
City in the amount of $45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
22
37. AI# 37B
CASE NO. 2013062497 LF
City of Palm Coast vs. Alan & Donna Joselyn
10 Zealand Place
(Palm Coast Code Section 44-34(i) Parking in Median)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property is in compliance. Staff recommends
a No Fine Standing Order and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent was in violation of the City
Code as charged and failed to correct the violation by the time specified for correction by the
Code Enforcement Officer; that the violation is now corrected; that any violation of the
same Code by Respondent within five (5) years of the date of the Order shall be treated as a
repeat violation as defined by State law for which a fine of up to $5,000.00 per day may be
imposed. The Respondent shall pay Administrative Costs to the City in the amount of
$45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
38. AI# 38
CASE NO. 2013070795 LF
City of Palm Coast vs. J & D. Enterprises, Inc
57 Zinnia Trail
(Land Development Code 11.02.05 No Permit for Lot Regrade)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent is in violation of the City Code as
charged; that the Respondent correct the violation no later than 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 $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Klinkenberg seconded the
motion.
Roll was called:
23
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
39. AI# 39
CASE NO. 2013070584 LF
City of Palm Coast vs. Mark A. & Cynthia A. Walker
57 Zinnia Trail
(Land Development Code 11.02.05(D)(1) Clearing w/o Permit)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. Staff
requests this case to be dismissed.
Mr. Klinkenberg moved to dismiss this case. Mrs. McDowell seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
40. AI# 40
CASE NO. 2013031805 RECURRING LF
City of Palm Coast vs. Gwendolyn E. CohenS
4 Zinzendorf Place
(Palm Coast Code Section 17-39(a) Residential Rental Program)
Code Enforcement Officer Fitzgerald presented case history, paperwork and photos into evidence. The
Respondent was not present. Officer Fitzgerald testified the property remains in violation. Staff
recommends a Fine – Violation Order and Administrative Costs.
Mr. Roberts moved to find in this case that the Respondent is in violation of the City Code as
charged; that the Respondent correct the violation no later than five (5) days after this
Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mrs. McDowell seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
24
Motion unanimously carried.
41. AI# 41A
CASE NO. 2013071936 JF
City of Palm Coast vs. Leonid & Isabells Kapel
62 Radcliffe Drive
(Palm Coast Code Section 15-114(a) Rubbish/Trash/Garbage)
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 – Violation Order and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than 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 $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
42. AI# 41B
CASE NO. 2013071438 JF
City of Palm Coast vs. Leonid & Isabells Kapel
62 Radcliffe Drive
(Palm Coast Code Section 44-34(d)(2) Parking of Boat & Trailer)
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 – Violation Order and Administrative Costs.
Mr. Klinkenberg moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than 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 $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Roberts seconded the motion.
Roll was called:
25
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
43. AI# 45
CASE NO. 2013051569 MASSEY JF
City of Palm Coast vs. Carlos A. Ospina & Martha C. Pinzon
29 Rockefeller Drive
(Palm Coast Code Section 15-1 No Permit for Structure in Back Yard)
Code Enforcement Officer presented case history, paperwork and photos into evidence. The Respondent
was not present. Officer Festa testified the property is in compliance. Staff recommends a fine for the
period of non-compliance and Administrative Costs.
Mr. Klinkenberg moved to find in this case that Respondent was in violation of the City
Code as charged; that the Respondent failed to correct the violation by the time specified for
correction by the Code Enforcement Board in the Board’s Order entered into evidence in
this case; that the Respondent brought the property into compliance on August 17, 2013;
that a $50.00 per day fine is imposed for the period of non-compliance from July 16, 2013 to
August 16, 2013; totaling $1,550.00. The Respondent shall pay Administrative Costs to the
City in the amount of $61.30. Mrs. McDowell seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
44. AI# 47
CASE NO. 2013080183 JF
City of Palm Coast vs. John W. & Allyson McGuire
32 Roxanne Lane
(Palm Coast Code Section 15-108(h) Unlicensed Vehicle)
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 – Violation Order and Administrative Costs.
Mr. Roberts 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 $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
26
Administrative Costs to the City in the amount of $60.85. Mrs. McDowell seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
45. AI# 48
CASE NO. 2013061289 JF
City of Palm Coast vs. Magdalena J. Przydzial
10 Roxbury Lane
(Palm Coast Code Section 17-39(a) Residential Rental Program)
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 – Violation Order and Administrative Costs.
Mr. Allen moved to find in this case that the Respondent is in violation of the City Code as
charged; that the Respondent correct the violation no later than ten (10) days after this
Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mrs. McDowell seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
46. AI# 51
CASE NO. 2013071305 RECURRING BR
City of Palm Coast vs. Roustem Guilmanchine
17 Pony Lane
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
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 – Recurring Violation and Administrative Costs.
27
Mr. Roberts moved to find in this case that the Respondent was in violation of the City Code
as charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mr. Allen seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
47. AI# 52
CASE NO. 2013051058 BR
City of Palm Coast vs. Marion Rocco
11 Port Royal Drive
(Palm Coast Code Section 17-39(a) Residential Rental Program)
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.
Mrs. McDowell moved to find in this case that the Respondent is in violation of the City
Code as charged; that the Respondent correct the violation no later than three (3) days after
this Order is entered in writing; that, in the event the Respondent does not comply with the
Order, a fine in the amount of $50.00 will be imposed for each and every day the violation
continues past the aforestated date; that the Respondent is further ordered to contact the
Code Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $60.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
48. AI# 53
CASE NO. 2013010211 MASSEY BR
City of Palm Coast vs. Alan D. Plakota
22 Porwyn Lane
(Palm Coast Code Section 17-39(a) Residential Rental Program)
28
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 for the period of non-compliance and Administrative Costs.
Mr. Copeland 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 $50.00
per day fine is imposed for the period of non-compliance from July 21, 2013 to October 1,
2013; totaling $3,650.00; and that a fine of $50.00 per day shall continue to run until the
property is brought into compliance and an Affidavit of Compliance has been filed by the
Code Enforcement Officer. The Respondent is further ordered to contact the Code
Enforcement Officer to verify compliance with this Order. The Respondent shall pay
Administrative Costs to the City in the amount of $61.30. When the property comes into
compliance, an Affidavit of Compliance will be issued. If the Respondent does not pay the
fine or request a hearing within twenty (20) days from the date of the Affidavit, an
additional amount of $33.40 will be added for Administrative Costs. Mr. Allen seconded the
motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
49. AI# 56A
CASE NO. 2013070814 RECURRING BR
City of Palm Coast vs. George William Crisp
85 Wellwater Drive
(Palm Coast Code Section 35-76(d)(1) Nuisance - Accumulations)
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 – Recurring Violation and Administrative Costs.
Mrs. McDowell moved to find in this case that the Respondent was in violation of the City
Code as charged and failed to correct the violation by the time specified for correction by the
Code Enforcement Officer; that the violation was corrected; that the violation recurred; that
any violation of the same Code by Respondent within five (5) years of the date of the Order
shall be treated as a repeat violation as defined by State law for which a fine of up to
$5,000.00 per day may be imposed. The Respondent shall pay Administrative Costs to the
City in the amount of $45.85. Mr. Roberts seconded the motion.
Roll was called:
29
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
50. AI# 56B
CASE NO. 2013070815 RECURRING BR
City of Palm Coast vs. George William Crisp
85 Wellwater Drive
(Palm Coast Code Section 44-34(c ) Parking of Trailer in Residential District)
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 – Recurring Violation and Administrative Costs.
Mr. Roberts moved to find in this case that the Respondent was in violation of the City Code
as charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mr. Allen seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
51. AI# 59
CASE NO. 2013080092 MD
City of Palm Coast vs. Sergey & Alla Grutman
12 Easterly Place
(Palm Coast Code Section 15-108(d) Weeds/Overgrowth)
Code Enforcement Supervisor Donovan presented case history, paperwork and photos into evidence. The
Respondent was not present. Supervisor Donovan testified the property is in compliance. Staff
recommends a No Fine Standing Order – Recurring Violation and Administrative Costs.
Mr. Roberts moved to find in this case that the Respondent was in violation of the City Code
as charged and failed to correct the violation by the time specified for correction by the Code
Enforcement Officer; that the violation was corrected; that the violation recurred; that any
violation of the same Code by Respondent within five (5) years of the date of the Order shall
be treated as a repeat violation as defined by State law for which a fine of up to $5,000.00 per
day may be imposed. The Respondent shall pay Administrative Costs to the City in the
amount of $45.85. Mrs. McDowell seconded the motion.
30
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
52. AI# 60
CASE NO. 2013080181 MD
City of Palm Coast vs. Andrey Bagdasarov
14 Edgar Lane
(Palm Coast Code Section 44-34(c ) Parking of Comm. Vehicle in Residential District)
Code Enforcement Supervisor Donovan presented case history, paperwork and photos into evidence. The
Respondent was not present. Supervisor Donovan testified the property is in compliance. Staff
recommends a No Fine Standing Order and Administrative Costs.
Mrs. McDowell 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. The Respondent shall pay Administrative Costs to the City in the amount of
$45.85. Mr. Roberts seconded the motion.
Roll was called:
Mr. Copeland – Yes Mr. Mugford - Yes
Mr. Allen – Yes Mr. McDowell - Yes
Mr. Klinkenberg – Yes Mr. Roberts – Yes
Motion unanimously carried.
53. The following cases were continued until the next Code Enforcement Board meeting.
AI# 61A
CASE NO. 2013032202 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 15-1 No Permit for Exterior Alteration)
AI# 61B
CASE NO. 2013040004 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 15-114(a) Rubbish/Trash/Garbage)
31
AI# 61C
CASE NO. 2013040005 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 35-76(d)(2) Nuisance - Habitat for Vermin, Etc.)
AI# 61D
CASE NO. 2013040006 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 15-108(g) Maintain/Repair/Remove Structures)
AI# 61E
CASE NO. 2013040007 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 35-76(d)(2) Nuisance-Structure in Disrepair)
AI# 61F
CASE NO. 2013040008 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 15-108(a) Exterior Premises not Maintained)
AI# 61G
CASE NO. 2013040009 MD
City of Palm Coast vs. Rudolph L. Melk
36 Edge Lane
(Palm Coast Code Section 15-110(a)(16) Exterior Walls not Maintained
UNFINISHED BUSINESS
Chairman Mugford inquired about a case that was heard at the last Code Enforcement Board meeting
regarding a landscaper. Code Enforcement Manager Grossman advised the case went before the Flagler
County Contractor Review Board and a $1,500.00 fine was assessed with restitution to the property owner
in the amount of $6,900.00. Chairman Mugford stated he feels the Board is assisting our residents by
addressing contractor violations.
NEW BUSINESS
A request was made to post the Code of Ordinance regarding a particular violation, i.e., permit
requirements, on the screen to assist the Board members with clarification.
Mr. Klinkenberg inquired as to the status of political signage regulations. Code Enforcement Manager
Grossman advised the City Council is the deciding board and Mr. Klinkenberg may wish to contact his
Councilman to inquire about the status.
ANNOUNCEMENT OF NEXT MEETING: Next Code Board Meeting – November 6, 2013.
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ADJOURNMENT
There being no further business, the meeting was adjourned at 12:32 p.m..
Respectfully submitted,
Carol Hickey Secretary to the Board
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact Wendy Cullen, at 386-986-3720 at least 48 hours prior to the meeting
or visit Palm Coast City Offices, 160 Cypress Point Parkway, Suite B-106, Palm Coast, FL 32164. If any
person decides to appeal a decision made by the Code Enforcement Board with respect to any matter
considered at such meeting or hearing, he/she will need a record of the proceedings including all
testimony and evidence upon which the appeal is to be based. To that end, such person will want to
ensure that a verbatim record of the proceedings is made. The City of Palm Coast is not responsible for
any mechanical failure of recording equipment.
All pagers and cell phones are to remain OFF while the Code Enforcement Board hearing is in session.