Zoning Compliance
Frequently asked questions
Q. I think my neighbor has a violation on his property, but I don't want him to know I made a complaint. Do you have to give him my name if he asks?
A. Under the Florida "Government in the Sunshine" Law, all our information must be available to the public upon request. If you give your name on the phone, in person, or in a letter, we would be required to release this information if requested. This also applies to e-mail or if you file a complaint via the Internet (this would also become part of the public record).
However, you may give us a complaint anonymously and if our officer is able to observe the violation without intruding on the property or privacy of the violator, we will pursue the case without any need for further involvement from you.Q. What is your procedure after receiving a complaint?
A. After receiving a complaint, an officer is sent to the location to determine if there is an actual violation. If a violation is found, the officer will issue a Notice, informing the violator of the nature of the violation and requesting that the violation be promptly corrected. After a reasonable time, (normally about 10 days) the officer will re-inspect to determine if the violation has been corrected. If the violation is found to still exist, the officer will issue a Citation. The Citation is a formal legal notice with specific content as required by law, and requires that the violation be corrected within a stated period of time. If, after receiving the Citation, the violator fails to comply within the stated period of time, the officer will submit a Request for Hearing to the Code Enforcement Board. The violator will receive a Notice of Hearing, and the case will be adjudicated by the Code Enforcement Board.Q. Just what is the Code Enforcement Board and what can it do?
A. The Code Enforcement Board is a quasi-judicial board local governments may choose to utilize rather than going through the regular judicial court system. Florida statutes govern the formation, conduct, and powers of the Board. Volusia County's Code Enforcement Board consists of seven citizens, representing a diversity of experience and professions, chosen by the Volusia County Council. The Board meets the first and third Wednesday of each month. Testimony is taken under oath, and evidence is presented in a manner very similar to that which takes place in a regular court of law. Any decision made by the Board may be appealed to the Circuit Court. The Board has the authority to levy a fine of up to $1,000 a day for each day the violation continues. Once a fine begins to accumulate, a lien may be placed against the property, and in very extreme cases, the County may foreclose on property if the fine is not paid.Q. Four of the five homes on our short street keep their lawns as perfect as a golf course green. The guy in the fifth house only cuts his grass when he absolutely has to and sometimes the grass gets to be almost a foot high. Can't the County make him keep his lawn like ours?
A. The lot maintenance regulations are designed to correct designated properties from extreme neglect. The basic criteria for corrective action is if the majority of the weeds are more than 20 inches high. When a lot maintenance violation is found, the owner of the property is notified and given a stated period of time to correct the violation. If the violation is not corrected, the County will contract to have the property mowed and cleaned up, and the costs may be placed as a lien against the property until paid.Q. What are the types of complaints that you receive most often?
A. The most common complaints are:
- Parking boats, trailers, or RV's in front yards.
- Junk vehicles.
- Lot maintenance violations.
- Parking tractor/trailers in residential areas.
- Junk yards.
Q. There is a small old grocery store in our residential area that is "grandfathered in." What does this mean?
A. The correct term is nonconforming. This means the business was legitimately operating prior to the adoption of the present Zoning Ordinance 80-8, as amended.
Nonconforming uses may continue as long as they are not abandoned for a period of six consecutive months. There also are nonconforming lots and nonconforming structures.Q. My new neighbor has a large family and they have five or six cars parked on their property. Isn't there a limit to the number of cars allowed at a residence?
A. There is no limit on the number of cars allowed on a residential lot. But there are restrictions on where vehicles may be parked. The most important restriction is that vehicles may not be parked in the yard in front of the house, except on the driveway.
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Volusia County, Florida.
