March 15, 2017

VOLUSIA COUNTY CODE ENFORCEMENT BOARD MINUTES

March 15, 2017 Chairman Joe Rudolph. called the regularly scheduled, Code Enforcement Board Meeting to order at 9:30 a.m. in the County

Council Chambers, Second Floor, Thomas C Kelly Administration Building MEMBERS PRESENT MEMBERS ABSENT Joe Rudolph, Chair Harry Wild, Jr. Gerard Smith Kenneth Runge Donald Needham Charles Cino, Board Attorney Pete Zahn Chad Lingenfelter, Vice-Chair STAFF PRESENT Chris Hutchison, Zoning Compliance Manager Margaret Godfrey, Zoning Compliance Officer Debbie Zechnowitz, Zoning Compliance Officer Beverly Abrahamson, Building Compliance Officer Russ Brown, Assistant County Attorney Alison McMillan, Code Enforcement Board Clerk Mike Nelson, Building and Zoning Director Kerry Leuzinger, Chief Building Official Michael Mazzola, Zoning Compliance Officer Mark Jones, Building Inspector/Compliance Officer Christopher Hooper, Zoning Compliance Officer Tammy Proulx, Zoning Compliance Coordinator * * * * * APPROVAL OF MINUTES Member Needham moved to APPROVE the December 21, 2016 and the February 15, 2017 Code Enforcement Board minutes. Member Lingenfelter SECONDED the motion that CARRIED unanimously by voice vote. * * * * * All parties and witnesses who were to provide testimony were sworn in by the Clerk prior to any testimony being presented.

March 15, 2017

* * * * * UNFINISHED BUSINESS CEB2015084-BATES, JOSEPH Served Complaint No. 20140324022 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s).Building unsafe/dilapidated Property Location: 2080 Porto Blvd, New Smyrna Beach 32168 Parcel No. 734410000080 Zoning: MH-5(1), RC Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Apr 10, 2014 *Final Order of Non - Compliance/Imposing Fine Lien issued at the September 16, 2015 hearing: *1st Amended Order Imposing Fine Lien issued at the October 21, 2015 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 13, 2017. Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2015163-LESLIE, ANNE SMITH Sheriff Served Complaint No. 20150701032 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 semi-trailer/railroad car and/or trailers converted into accessory structures, where not permitted Property Location: 2089 Avocado Dr, Port Orange 32128 Parcel No. 622201000860 Zoning: RA Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Oct 15, 2015 *Order of Non - Compliance issued at the December 16, 2015 hearing: *Final Order Imposing Fine Lien issued at the March 16, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 06, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2016058-GREENRIDGE PHX LLC Served Complaint No. 20151104001 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 5222 Aragon Av, Deleon Springs 32130 Parcel No. 691200000092 Zoning: A-3 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Nov 12, 2015 *Order of Non - Compliance issued at the May 18, 2016 hearing: *Final Order Imposing Fine Lien issued at the June 15, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of Jan 17, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016065-HARRIS, SHARON Served Complaint No. 20150519037 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 1726 2nd Av, Deland 32724 Parcel No. 700101070290 Zoning: R-4 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jun 02, 2015 *The Enforcement Official continued this case from the May 18, 2016 hearing: *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the January 18, 2017 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 17, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2016137-COMEAU, PETER D. Served Complaint No. 20120119015 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (dance studio, detached garage and well house) Property Location: 3090 Sixma Rd, Deltona 32738 Parcel No. 810403030050 Zoning: A-3 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jan 21, 2012 *The Enforcement Official continued this case from the October 19, 2016 hearing: *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the January 18, 2017 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 15, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016153-KNIGHT, TERRY, JR Posted Complaint No. 20150205005 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (detached metal structure) Property Location: 1550 Prideaux Rd, Osteen 32764 Parcel No. 833000000130 Zoning: A-1 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Feb 10, 2015 *Order of Non-Compliance issued at the October 19, 2016 hearing: *1st Amended Order of Non-Compliance issued at the November 16, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 02, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2016182-EVANS, JERRY C. TTEE Served Complaint No. 20131009013 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (shower/tub change out) Property Location: 4841 Saxon Dr., Suite 2070, New Smyrna Beach 32169 Parcel No. 743507022070 Zoning: Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Oct 16, 2013 *Order of Non-Compliance issued at the November 16, 2016 hearing: *Final Order Imposing Fine Lien issued at the December 21, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 07, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016193-US BANK NATL ASSOC Served Complaint No. 20160629021 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (Siding, HVAC & fireplace) Property Location: 2655 Pheasant Village, Deland 32720 Parcel No. 792601070090 Zoning: PUD Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jul 05, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *Final Order Imposing Fine Lien issued at the January 18, 2017 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 01, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2016196-CROASMUN, ROBERT M. Posted Complaint No. 20100513024 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Business where not permitted Property Location: 2494 Tomoka Farms Rd, Port Orange 32128 Parcel No. 622600000070 Zoning: RA Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on May 17, 2010 *Order of Non-Compliance issued at the November 16, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of Jan 26, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016198-CROASMUN, ROBERT M. Posted Complaint No. 20100513033 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-298.13 Sign(s) erected without proper permit(s) Property Location: 2494 Tomoka Farms Rd, Port Orange 32128 Parcel No. 622600000070 Zoning: RA Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on May 17, 2010 *Order of Non-Compliance issued at the November 16, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of Jan 26, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2016252-MORROW, MARY ANN Served Complaint No. 20160727013 Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 320 Endora St, Ormond Beach 32174 Parcel No. 412404000380 Zoning: MH-4,RC Zoning Compliance Officer - Michael Mazzola Property owner was first notified of the violation on Dec 24, 2016 *Order of Non-Compliance issued at the February 15, 2017 hearing: *Report and Affidavit of Compliance issued with a compliance date of March 14, 2017: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016260-LINDSAY, MICHAEL & ANGELA & SMITH, BRIAN & SHARON Served Complaint No. 20160707010 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Hotel/Motel where not permitted and use of premises where not permitted under the R-4 zoning classification Property Location: 2 Julie Dr., Ormond Beach 32176 Parcel No. 321608000240 Zoning: R-4 Zoning Compliance Officer - Margaret Godfrey Property owner was first notified of the violation on Jan 13, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: *Report and Affidavit of Compliance issued with a compliance date of Feb 24, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2015124-MOORE, THOMAS WILLIAM Served Complaint No. 20131009001 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 104 E Gardenia Dr., Orange City 32763 Parcel No. 801403070030 Zoning: R-4 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 03, 2014 *Order of Non - Compliance issued at the November 18, 2015 hearing: *1st Amended Order of Non- Compliance issued at the December 16, 2015 hearing: *2nd Amended Order of Non- Compliance issued at the March 16, 2016 hearing: *3rd Amended Order of Non-Compliance issued at the September 21, 2016 hearing: *Report and Affidavit of Compliance issued with a compliance date of March 8, 2017 Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017002-CRUIT, HEATHER Sheriff Served Complaint No. 20161130053 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Business where not permitted Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2017003-CRUIT, HEATHER Sheriff Served Complaint No. 20161130054 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287(B) Maintaining a r/v, boat and/or trailer without current tags/validation sticker Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017005-CRUIT, HEATHER Sheriff Served Complaint No. 20161130056 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-283 Violation of home occupation regulations Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017006-CRUIT, HEATHER Sheriff Served Complaint No. 20161130057 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287 (A) Parking truck tractor, semitrailer, commercial bus, cutaway van, or chassis cab, truck where not permitted Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance

March 15, 2017

Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017007-CRUIT, HEATHER Sheriff Served Complaint No. 20161130058 Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017008-CRUIT, HEATHER Sheriff Served Complaint No. 20161130059 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

March 15, 2017

CEB2017014-CRUIT, HEATHER Sheriff Served Complaint No. 20170112008 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-282 fence, wall or hedge over the maximum height allowed Property Location: 1050 10th Av, Deland 32724 Parcel No. 700104140310 Zoning: R-4 Zoning Compliance Officer - Christopher R. Hooper Property owner was first notified of the violation on Jan 25, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Order of Compliance Based on a submitted Report and Affidavit of Compliance, Member Needham MOVED to issue an Order of Compliance as the Respondent(s) has achieved compliance. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote. CEB2014099-LIEBOVITZ, BARRY & MELISSA Served Complaint No. 20140305012 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Additions/alteration Property Location: 6299 Engram Rd, New Smyrna Beach 32169 Parcel No. 850501440630 Zoning: R-9W Zoning Compliance Officer - Beverly J. Abrahamson Property owner was first notified of the violation on Mar 06, 2014 *Order of Non - Compliance issued at the August 20, 2014 hearing: *1st Amended Order of Non-Compliance issued at the December 17, 2014 hearing: *2nd Amended Order of Non-Compliance issued at the March 18, 2015 hearing: *3rd Amended Order of Non- Compliance issued at the July 15, 2015 hearing: *4th Amended Order of Non- Compliance issued at the September 16, 2015 hearing: *5th Amended Order of Non- Compliance issued at the November 18, 2015 hearing: *6th Amended Order of Non- Compliance issued at the May 18, 2016 hearing: *7th Amended Order of Non-Compliance issued at the November 16, 2016 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. She stated that this case was about alterations on the lower level without permits and inspection approvals. She stated that there was a finished that was below the flood plain level. There was a permit issued in February, 2016 and multiple inspections have been approved. The permit is valid until May 13, 2017. Staff is requesting an 8th amended order with a hearing to impose fine to be set for the May 17, 2017 hearing.

March 15, 2017

After discussion and based on the testimony and evidence presented, Member Lingenfelter MOVED to issue an Eighth Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the May 17, 2017 hearing. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016015-STOHLER, PAUL A. Posted Complaint No. 20151204005 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 58, ARTICLE I SECTION 58-3 MAINTENANCE ORDINANCE Improperly Maintained structure(s) and/or system(s). (Unmaintained mobile home) Property Location: 1807 Woodcrest Dr., Ormond Beach 32174 Parcel No. 422804000900 Zoning: MH-5 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jan 07, 2016 *Order of Non - Compliance issued at the March 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the September 21, 2016 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. She explained that the structure gone before the CLCA board for condemnation and demolition. A resolution of demolition has been issued. She was requesting an order of dismissal. After discussion and based on the testimony and evidence presented, Member Needham MOVED to issue an Order of Dismissal. After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016111-ECHEVARRIA, AMARIS Posted Complaint No. 20131204018 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (addition/alteration) Property Location: 820 Orange Oak Dr., Orange City 32763 Parcel No. 800340000020 Zoning: R-4 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jan. 21, 2014 *Order of Non-Compliance issued at the October 19, 2016 hearing: *1st Amended Order of Non-Compliance issued at the November 16, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing.

March 15, 2017

Beverly Abrahamson, building compliance officer, presented the case. The permit was issued and is valid until September 10, 2017 so staff was requesting a 3rd amended order with a hearing to impose fine be scheduled for September 20, 2017. After discussion and based on the testimony and evidence presented, Member Needham MOVED to issue an Third Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the September 20, 2017 hearing. After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016138-SCHWARTZ, EDWARD & LEVY, RAQUEL Served Complaint No. 20160305002 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 31 San Jose Cir, Ormond Beach 32176 Parcel No. 322110000070 Zoning: R-4 Building Compliance Officer - Mark Jones Property owner was first notified of the violation on Mar 09, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Mark Jones, building compliance officer, presented the case. He stated that a majority of the work has been removed and they were just waiting for a permit application for the French doors. Staff is requesting a 2nd amended order with a hearing to impose fine scheduled for April 19, 2017. After discussion and based on the testimony and evidence presented, Member Lingenfelter MOVED to issue a Second Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the April 19, 2017 hearing. After Member Needham SECONDED the motion, it CARRIED unanimously by voice vote. Due to ex-parte communication, Member Zahn could not vote on the case. The outcome was not affected as there was a quorum and the vote was unanimous.

March 15, 2017

CEB2016149-SARAH, VAN GESSEL Posted Complaint No. 20150720042 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (renovations/remodel) Property Location: 107 Astor St, Daytona Beach 32117 Parcel No. 523702000170 Zoning: R-5 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Sept 22, 2015 *Order of Non-Compliance issued at the October 19, 2016 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. There has been no application for a permit submitted to date, no contact with the owner, and the cited conditions remain unchanged. Staff was requesting a fine of $50 per day to begin on 4-20-17 with a cap of $5,500. After discussion and based on the testimony and other evidence presented, Member Lingenfelter MOVED to issue an Order Imposing Fine/Lien with an assessed fine in the amount of $50.00 per day commencing April 20, 2017 and to continue until compliance is achieved, but not to exceed $5,500.00. Member Smith SECONDED the motion that CARRIED unanimously by voice vote. CEB2016152-SEELINGER, DANIEL L. & DEBORAH L. Posted Complaint No. 20140212004 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (garage enclosure) Property Location: 1416 Granada Av, Daytona Beach 32117 Parcel No. 424219130240 Zoning: R-5 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Mar 03, 2014 *Order of Non-Compliance issued at the October 19, 2016 hearing: *1st Amended Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien The respondent was present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. She stated that the building was inspected and there was an affidavit submitted attesting to the safety of the electrical installation. A permit application was submitted in January, along with

March 15, 2017

affidavits for the plumbing and the mechanical work, therefore staff was requesting a second amended order of non-compliance with a hearing to impose fine be scheduled for April 17, 2017. After discussion and based on the testimony and evidence presented, Member Zahn MOVED to issue a Second Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the April 19, 2017 hearing. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016169 CLEMENT HAILEE ALYSE CODY BLAKE Sheriff Served Complaint No. 20160405061 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287 (E) Parking motor vehicle(s) on front yard, other than on driveway Property Location: 1646 Valencia Av, Daytona Beach 32117 Parcel No. 424219250190 Zoning: R-5 Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Apr 08, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien CEB2016170 - CLEMENT HAILEE ALYSE CODY BLAKE Sheriff Served Complaint No. 20160405063 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1646 Valencia Av, Daytona Beach 32117 Parcel No. 424219250190 Zoning: R-5 Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Apr 08, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien

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CEB2016171- CLEMENT HAILEE ALYSE CODY BLAKE Sheriff Served Complaint No. 20160405067 Violation of CODE OF ORDINANCES-COUNTY OF VOLUSIA CHAPTER 118-TRAFFIC & VEHICLES ARTICLE II ABANDONED VEHICLES, SEC. 118.34 Vehicle(s) that is inoperative and/or without current state license tag Property Location: 1646 Valencia Av, Daytona Beach 32117 Parcel No. 424219250190 Zoning: R-5 Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Apr 08, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Tammy Proulx, zoning compliance coordinator, presented the 3 Blake cases together. She stated that the new owner was served with the notice of violation and hearing via sheriff service on February 28th. As of March 6th the property remains in violation. Staff is requesting a fine of $50 per day/per case to begin on 4-20-17 with a cap of $2,000 per case. After discussion and based on the testimony and other evidence presented, Member Zahn MOVED to issue an Order Imposing Fine/Lien with an assessed fine in the amount of $50.00 per day/per case commencing April 20, 2017 and to continue until compliance is achieved, but not to exceed $2,000.00 per case. Member Needham SECONDED the motion that CARRIED unanimously by voice vote. CEB2016184-SB & D PROPERTIES LLC TR Served Complaint No. 20140808010 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (HVAC & electric) Property Location: 974 S Nova Rd, Ormond Beach 32174 Parcel No. 424204060213 Zoning: BPUD Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Aug 26, 2014 *Order of Non-Compliance issued at the December 21, 2016 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. She stated that there was a permit issued for an HVAC changeout on August 25, 2014 but expired May

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23, 2015 and the permit remains expired. She spoke to Attorney Vukelja, the respondent’s attorney, the day before, who requested that the case be continued. She stated that during the hearing in December, the board made a motion that the property be inspected, inside and out, within 2 weeks of that hearing. It has not been inspected to date. She had no contact until the day before and that was with the attorney. She stated that they could only inspect the outside. The cited conditions remain unchanged and the building appears vacant. Staff is requesting a fine of $50 per day to begin on 4-20-17 with a cap of $25,700. After discussion and based on the testimony and other evidence presented, Member Lingenfelter MOVED to issue an Order Imposing Fine/Lien with an assessed fine in the amount of $50.00 per day commencing April 20, 2017 and to continue until compliance is achieved, but not to exceed $25,700.00. Member Needham SECONDED the motion that CARRIED unanimously by voice vote. CEB2016197-CROASMUN, ROBERT M. Posted Complaint No. 20100513027 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Property Location: 2494 Tomoka Farms Rd, Port Orange 32128 Parcel No. 622600000070 Zoning: RA Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on May 17, 2010 *Order of Non-Compliance issued at the November 16, 2016 hearing: Progress Report CEB2016199-CROASMUN, ROBERT M. Posted Complaint No. 20100513038 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Property Location: 2494 Tomoka Farms Rd, Port Orange 32128 Parcel No. 622600000070 Zoning: RA Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on May 17, 2010 *Order of Non-Compliance issued at the November 16, 2016 hearing: Progress Report The respondent was not present at the hearing. Tammy Proulx, zoning compliance coordinator, presented both Croasmun cases together. She stated that Mr. Croasmun was making progress as 2 of his other cases are now in compliance. He is going for a zoning change to change the zoning to a PUD. He has been working with staff. She believed that the zoning change would be

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heard at the May PLDRC hearing and if it goes forward, it will go to the June Council hearing. Staff was requesting a 1st amended order and a hearing to impose fine be scheduled for 7-19-17. After discussion and based on the testimony and evidence presented, Member Needham MOVED to issue a First Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 72, Article II, Division 7, Section 72-241. A hearing to impose fine is set for the July 19, 2017 hearing. After Member Smith SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016200-HALIFAX REALTY INC TR Posted Complaint No. 20160707049 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-277(C) Accessory building or structure on lot that does not have a completed principal structure Property Location: General Marshall Rd, Daytona Beach 32124 Parcel No. 620601110260 Zoning: B-4(5) Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Aug 18, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien CEB2016201-HALIFAX REALTY INC TR Posted Complaint No. 20160707052 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287 (A) Parking truck tractor, semitrailer, commercial bus, cutaway van, or chassis cab, truck where not permitted Property Location: General Marshall Rd, Daytona Beach 32124 Parcel No. 620601110260 Zoning: B-4(5) Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Aug 18, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien

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CEB2016220-HALIFAX REALTY INC TR Posted Complaint No. 20160707050 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Property Location: General Marshall Rd, Daytona Beach 32124 Parcel No. 620601110260 Zoning: B-4(5) Zoning Compliance Coordinator - Tammy Proulx Property owner was first notified of the violation on Aug 18, 2016 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: *2nd Amended Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Tammy Proulx, zoning compliance coordinator, presented the 3 Halifax cases together. She stated that the owner of the property said that the stuff would be removed by March and on March 13th an inspection was done and the conditions have not changed. Staff was requesting a one-time fine of $200 per case be issued. After discussion and based on the testimony and other evidence presented, Member Zahn MOVED to issue an Order Imposing Fine/Lien with a one-time fine in the amount of $200.00 per case commencing immediately. Member Smith SECONDED the motion that CARRIED unanimously by voice vote. CEB2016208-SEASCAPE TOWERS CONDOMINIUM Served Complaint No. 20120920003 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). (Gazebo's in pool area) Property Location: 5207 S Atlantic Av, Suite 1, New Smyrna Beach 32169 Parcel No. 850608010001 Zoning: B-8W Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Sep 21, 2012 *Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. She stated that there was an issued permit and it’s valid until September, 2017. Staff is requesting a 1st amended order with a hearing to impose fine be scheduled for the 9-20-17 hearing.

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After discussion and based on the testimony and evidence presented, Member Zahn MOVED to issue a First Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the September 20, 2017 hearing. After Member Needham SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016221-WILSON, DANNY M. Posted Complaint No. 20131017020 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 401 Wade Av, Deland 32724 Parcel No. 701500000380 Zoning: R-4 Building Compliance Officer - Mark Jones Property owner was first notified of the violation on Oct 19, 2013 *Order of Non-Compliance issued at the November 16, 2016 hearing: *1st Amended Order of Non-Compliance issued at the December 21, 2016 hearing: Hearing to Impose Fine/Lien The respondent was present at the hearing and gave his name and address for the record. Mark Jones, building compliance officer, presented the case. He stated that he received a call from Superior Engineering on March 10th. They said that they were being hired to look into this project. But to date, there has been no application for a permit. Staff is requesting a fine of $50 per day to begin on April 20, 2017, with a cap of $16,000. Mr. Wilson got up to explain that they are trying to do a full interior remodel but finances have been a holdup. He stated that it will take 4-6 weeks to do the as built drawings. He was requesting that the board give him a little more time for the engineer to finish the drawings and then get the necessary permits. Member Zahn asked if there were any life/safety issues and Mark stated that the power was off and the building official was provided an affidavit certifying that the electrical installation was safe. The house is not occupied. Member Zahn suggested that they do an amended order and have a hearing to impose fine in April. Mike Nelson stated that staff did not have a problem with giving Mr. Wilson more time.

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After discussion and based on the testimony and evidence presented, Member Zahn MOVED to issue a Second Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the May 17, 2017 hearing. After Member Needham SECONDED the motion, it CARRIED unanimously by voice vote. CEB2016240-BLACKWELDER, JOHN LEE & KRISSY Served Complaint No. 20160817011 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 660 Blackwelder Rd, Deleon Springs 32130 Parcel No. 592500000112 Zoning: A-1 Building Compliance Officer - Mark Jones Property owner was first notified of the violation on Aug 23, 2016 *Order of Non-Compliance issued at the January 18, 2017 hearing: Hearing to Impose Fine/Lien The respondent was present at the hearing and gave his name and address for the record. Mark Jones, building compliance officer, presented the case. He stated that the owner said that he was waiting for drawings from his engineer. To date there has been no permit application submitted. Staff is requesting a fine of $50 per day to begin on April 20th with a cap of $9,200. Mr. Blackwelder explained that he was dealing with Superior engineering and has been told next week, then the next week, then the next week, etc. and he is still waiting to get the drawings done. He said that he has also spoken to Mark to let him know what is going on. Chair Rudolph explained to Mr. Blackwelder that this was ultimately his responsibility so he may want to find another engineer to get this going. Mike Nelson suggested that staff call Superior to help get this going. Member Zahn suggested an amended order and Mike said that staff was fine with that. After discussion and based on the testimony and evidence presented, Member Zahn MOVED to issue a First Amended Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3. A hearing to impose fine is set for the April 19, 2017 hearing. After Member Needham SECONDED the motion, it CARRIED unanimously by voice vote.

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CEB2016258-LARA, PEDRO & KARLA P. Served Complaint No. 20160914038 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 2700 Doyle Rd, Deltona 32738 Parcel No. 911100000187 Zoning: RRE Building Compliance Officer - Mark Jones Property owner was first notified of the violation on Sep 21, 2016 *Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Mark Jones, building compliance officer, presented the case. He has had no contact with the owners and the violations still exist. Staff is requesting a fine of $50 per day to begin on 4-20-17 with a cap of $7,400. After discussion and based on the testimony and other evidence presented, Member Lingenfelter MOVED to issue an Order Imposing Fine/Lien with an assessed fine in the amount of $50.00 per day commencing April 20, 2017 and to continue until compliance is achieved, but not to exceed $7,400.00. Member Zahn SECONDED the motion that CARRIED unanimously by voice vote. CEB2017026-CONDON, DONALD JOHN Served Complaint No. 20161025021 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Junk yard where not permitted Property Location: 1112 Avenue F, Ormond Beach 32174 Parcel No. 422901140190 Zoning: MH-5 Zoning Compliance Officer - Michael Mazzola Property owner was first notified of the violation on Oct 28, 2016 *Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien

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CEB2017027-CONDON, DONALD JOHN Served Complaint No. 20170106002 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 8 SECTION 72-287(B) Maintaining a r/v, boat and/or trailer without current tags/validation sticker Property Location: 1112 Avenue F, Ormond Beach 32174 Parcel No. 422901140190 Zoning: MH-5 Zoning Compliance Officer - Michael Mazzola Property owner was first notified of the violation on Jan 10, 2017 *Order of Non-Compliance issued at the February 15, 2017 hearing: Hearing to Impose Fine/Lien The respondent was not present at the hearing. Mike Mazzola, zoning compliance officer, presented both Condon cases together. He showed and described photos to the board. He said that the boat and the trailer are still not tagged. Staff is requesting a fine of $50 per day/per case to begin on 4-20-17 with a cap of $900 per case. After discussion and based on the testimony and other evidence presented, Member Zahn MOVED to issue an Order Imposing Fine/Lien with an assessed fine in the amount of $50.00 per day/per case commencing April 20, 2017 and to continue until compliance is achieved, but not to exceed $900.00 per case. Member Needham SECONDED the motion that CARRIED unanimously by voice vote.

X. Hearings and Presentation of Filed Notices of Violations CEB2016013-CAMBRIDGE GROUP INC Served Complaint No. 20150505009 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Property Location: 3951 Tano Dr, Ormond Beach 32174 Parcel No. 313702000590 Zoning: PUD Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 07, 2015 The respondent was not present at the hearing. Beverly Abrahamson, building compliance officer, presented the case. She stated that there had been a new condensing unit and water heater installed without permits or inspections. A notice of violation was sent via certified mail and received on May 7, 2015. A plumbing permit was issued and finaled in March, 2016. A mechanical permit was issued in March, 2016, but at this time, it is expired. She said that she has had numerous

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conversations with Mr. Papolini, who keeps assuring her that he will be taking care of this but to date nothing has been done. Staff is requesting a finding of non-compliance, a compliance date of 5-12-17 and a hearing to impose fine be scheduled for 5-17-17. After discussion and based on the testimony and evidence presented, Member Zahn MOVED to issue an Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3 with a compliance date of May 12, 2017. A hearing to impose fine is set for the May 17, 2017 hearing. After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017017-NAGA, AMAD A. & SOHEIR A. MORSSI Served Complaint No. 20140516020 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 1314 Talton Av, Deland 32720 Parcel No. 701814030450 Zoning: R-3 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on May 27, 2014 Jack Kline, friend of the respondents, was present at the hearing and gave his name and address for the record. He was also contesting the violation. Beverly Abrahamson, building compliance officer, presented the case. She explained that this case began in February, 2013. A notice of violation was sent via certified mail and signed for in March, 2014. She stated that a permit was issued in July, 2014, but there were never any inspection approvals. She stated that the permit was reinstated 3 times and there was never an inspection and the permit expired. The cited conditions are unchanged. Staff is requesting a finding of non-compliance with a compliance date of 5-12-17 and a hearing to impose fine scheduled for 5-17-17. Mr. Kline got up to explain that Mr. Naga does not speak English very well. He also came with documentation including a survey, etc. He stated that it was partially his fault because he thought everything was in order but it wasn’t. Chair Rudolph asked why there was never a phone call for a final inspection and Mr. Kline said that it was due to their ignorance. He thought that an inspector would just come and inspect. Mike Nelson said that Mr. Kline could have something in writing or even an email to get the permit reinstated and then call for a final inspection.

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After discussion and based on the testimony and evidence presented, Member Zahn MOVED to issue an Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3, with a compliance date of May 12, 2017. A hearing to impose fine is set for the May 17, 2017 hearing. After Member Needham SECONDED the motion, it CARRIED unanimously by voice vote. CEB2017021-DRAKE, DAVID A. & KIRSTEN Served Complaint No. 20130612007 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s). (convert garage to living space) Property Location: 165 Lewis St, Edgewater 32141 Parcel No. 853809002190 Zoning: MH-5W Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Jun 13, 2013 This case was WITHDRAWN per the building compliance officer. CEB2017029-MCCLINTOCK DANIELLE CRISTEN Served Complaint No. 20161102042 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 126 Brendale Dr, Ormond Beach 32176 Parcel No. 420302000550 Zoning: R-4 Building Compliance Officer - Mark Jones Property owner was first notified of the violation on Nov 07, 2016 The respondent was not present at the hearing. Mark Jones, building compliance officer, presented the case. He stated that this was a complaint about windows and doors being installed without permits or inspections. A notice of violation was sent via certified mail and received on November 7, 2016. The owner has submitted an application for a permit, the day before. Staff is requesting a finding of non-compliance with a compliance date of 5-12-17 and a hearing to impose fine be scheduled for the 5-17-17 hearing. After discussion and based on the testimony and evidence presented, Member Smith MOVED to issue an Order of Non-Compliance for violating Volusia County Code of Ordinances, Chapter 22-2, Sections 105.1 and 109.3 with a compliance date of May 12, 2017. A hearing to impose fine is set for the May 17, 2017 hearing. After Member Lingenfelter SECONDED the motion, it CARRIED unanimously by voice vote.

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CEB2017037-DEVEAU, GEORGE R. & DAVID, & ELIZABETH HALL Served **REPEAT VIOLATION** Complaint No. 20170208016 Violation of CODE OF ORDINANCES, COUNTY OF VOLUSIA, CHAPTER 72 ARTICLE II DIVISION 7 SECTION 72-241 Hotel/Motel where not permitted and use of premises where not permitted under the R-9W zoning classification Property Location: 6238 S Atlantic Av, New Smyrna Beach 32169 Parcel No. 850501310180 Zoning: R-9W Zoning Compliance Officer - Debbie Zechnowitz Property owner was first notified of the violation on March 06, 2017 This case was WITHDRAWN per the zoning compliance officer.

XI. Requests for Discussion of Accumulated Fines CEB2014127-BERNARD, E. SENEZ, JR. Served Complaint No. 20130910004 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 Construction without the required permit(s) and/or inspection approval(s) Property Location: 2853 Emerald Av, Orange City 32763 Building Compliance Officer-Beverly J Abrahamson Parcel No. 802305000120 Zoning: R-4 Property owner was first notified of the violation on Sep 16, 2013 *Order of Non - Compliance issued at the September 17, 2014 hearing: *1st Amended Order of Non- Compliance issued at the October 15, 2014 hearing: *2nd Amended Order of Non- Compliance issued at the May 20, 2015 hearing: *Final Order Imposing Fine Lien issued at the July 15, 2015 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of August 31, 2016 hearing: *Order of Compliance issued at the September 21, 2016 hearing: Request to Discuss Accumulated Fine in the amount of $18,850.00 The respondent was not present at the hearing. Kerry Leuzinger, chief building official, presented the case. He stated that this was a case from 2014 that had 2 sheds and carports that were constructed without permits. He explained that Mr. Senez was going to buy the property next door to meet setbacks, but the owner passed away. He waited for this to go through probate, but it didn’t work out. A fine was passed and Mr. Senez eventually took everything down. The property was in compliance as of September 1, 2016. Mr. Senez is requesting that the fine be reduced to zero. Staff is requesting that the fine be reduced to 20% of the total amount for a total of $3,370. He stated that from now on, their recommendation will be to reduce fine amounts to 20%.

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Chair Rudolph stated that it would be cleaner that way, however, there are some cases that beat the staff up terribly, time wise. Mike Nelson said that each case would be up to the board’s discretion. Pete Zahn stated that he felt it would depend on circumstances. He felt that even though Mr. Senez put the structures in the setbacks, he did remove them and the yard appears to look nice. He has been through the expense of that as well and Member Zahn felt that the fine should not be more than a few hundred bucks. He then said that for discussion he would suggest that the fine be reduced to $1500. For discussion purposes Member Zahn made a motion to reduce the fine to $1500 and Member Needham seconded it. Attorney Cino stated that a lot of cities don’t have caps and most do but at 10%. He felt that 20% was a little extreme. Chair Rudolph stated that there are cases where 20% wouldn’t cover it at all but Member Zahn had a good point as well, as we have compliance and we don’t always get that. Member Zahn stated that there were times that he felt that the respondent was not making any effort and there were some cases where there were extenuating circumstances and some cases where it gets done quickly. He stated that with this case, it is in the middle and the fine should not be reduced to nothing but 20% seems a little extreme. Member Needham said that he would consider $1000. He then amended the motion to have the fine be reduced to $1000 and Member Zahn seconded it. After discussion and based on the testimony and evidence presented, Member Needham MOVED to reduce the fine amount to $1,000.00, payable within 30 days or the fine reverts back to its original amount. After Member Zahn SECONDED the motion, it CARRIED unanimously by voice vote.

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CEB2015143-BROOKE, KENNETH Dykes, Amy & James, new owners Served Complaint No. 20141218022 Violation of VOLUSIA COUNTY CODE OF ORDINANCES, CHAPTER 22-2, SECTIONS 105.1 AND 109.3 All construction requires building permit(s) and inspection approval(s). Mobile home replace Property Location: 519 Leonardy Av, Osteen 32764 Parcel No. 921800000410 Zoning: OTR-1 Building Compliance Officer - Beverly J Abrahamson Property owner was first notified of the violation on Dec 29, 2014 *Order of Non - Compliance issued at the December 16, 2015 hearing: *Final Order Imposing Fine Lien issued at the January 20, 2016 hearing: *A Report and Affidavit of Compliance was submitted with a compliance date of August 4, 2016 hearing: *Order of Compliance issued at the August 17, 2016 hearing: Request to Discuss Accumulated Fine in the amount of $7,000.00 The respondents were present at the hearing and gave their names and address for the record. Kerry Leuzinger, chief building official, presented the case. He stated that the Dykes’ held the mortgage on this property and have since taken the property back over. As soon as the Dykes’ reassumed the property, they applied for a demolition permit, got the permit issued and took down the mobile home. The property was then in compliance. The Dykes’ requested that the lien be reduced to Zero but staff was requesting that the fine be reduced to $1400.00. Member Zahn remembered the case and said that it appeared that they took care of this as soon as they could. He also mentioned that in cases like this one, they have reduced the fine to as little as $300.00. He stated that he would be more inclined to do that. After discussion and based on the testimony and evidence presented, Member Zahn MOVED to reduce the fine amount to $300.00, payable within 30 days or the fine reverts back to its original amount. After Member Needham SECONDED the motion, it CARRIED unanimously by voice vote.

A. As Entertained by Board Member Member Zahn wanted to discuss the 20% option. He stated that it’s nice to have a format but staff is closer to the case and they would be the ones to have a reason for any leniency and it also makes it easier for them to review it. The board can still change the amount like they did today. He stated that as a rule of thumb, it’s a good one, but he is more inclined to go with the 10%. He said that Attorney Cino mentioned that some cities have a minimum and that maybe some

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information that can be pursued. He does appreciate staff for coming up with some procedure as it makes it easier for all of them. Chair Rudolph said that it gives them a starting point and they will rely on staff for any information in regards to the case. He said that he would be happy with 10% as well. 20% does not seem out of line as they can adjust it. Member Smith asked if they would have been better asking for the 10% in the Halifax cases and Member Zahn stated that there are so many of those and one of the reasons that they have started capping the fines is because of the outrageous amounts that are on some of the properties that aren’t worth anything. Attorney Cino stated that the courts are looking at them very unfavorably because of the huge fines. Mike Nelson thanked them for their input and Chair Rudolph thanked staff for a great job.

B. As Entertained by Chairman C. As Entertained by Board Attorney D. As Entertained by Staff Attorney E. As Entertained By Staff

* * * * * ADJOURNMENT There being no further business to discuss before the Board, the meeting adjourned at 10:48 a.m. Respectfully submitted, ____________________________

Margaret C Godfrey Acting Code Enforcement Board Clerk

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C E R T I F I C A T E STATE OF FLORIDA: COUNTY OF VOLUSIA:

I, Margaret C Godfrey, Acting Code Enforcement Board Clerk, do hereby

certify that the foregoing pages constitute a true and accurate transcript of the

minutes of the Volusia County Code Enforcement Board taken on

________________, at 123 West Indiana Avenue, Deland, Florida.

WITNESS MY HAND this______day of____________, 2017, in the City of

DeLand, County of Volusia, State of Florida.

______________________________ Margaret C Godfrey Acting Code Board Clerk