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Home My WebLink About10-24-2006 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING October 24, 2006 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers at City Hall. Member Hopper led the Invocation and the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice Chair Chancey, Members Ballard, Hopper, Morton, Stanley and Alternate Member Lowery. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officers Braddy-Bagwell, and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Member M. Godek was absent excused. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Braddy- Bagwell, Loeffler, Siegrist, and anyone intending to speak regarding a case. CONSENT AGENDA ALL MAITERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE BY THE CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD. IN WHICH CASE THE CHAIRMAN WILL INSTRUCT THE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. The Consent Agenda consisted of approval ofItems A, B, and C. *Note: Consent Agenda was amended. A. B. Minutes of the September 26, 2006, Code Enforcement Board Meeting Dismissal or Compliance. (Case Numbers 06-107, 06-121, 06-125, 06-126, 06-127 were transferred to Consent). Case Number Respondent 1. 06-101 Thomas & Lanice Harden 2.06-107 Jason M. Posten Address corrected via Code Enforcement Dept. 2/21/07 3.06-112 Geronimo Trevino Jr. & Carolyn Sinclair 4.06-121 Westgate Resorts LTD 5.06-125 Floors Direct Inc. & BMR Capital Inc. 6.06-126 Jason Kruszeski & Heather Lee Coe 7.06-127 Delroy Leighvard and Location of Violation 513 Water Way 510 Hager Drive 413 Caballero Rd. 325 Northern Durango 10770 W. Colonial Drive 10897 W. Colonial Drive 721 Satin Leaf Circle 2536 Dovetail Drive Code Enforcement Board Minutes October 24, 2006 C. Order of Continuance (November 28, 2006, Meeting) (Case Nos. 06-120, 06-122, 06-123, 06-124, and 06-128 were transferred to Consent). Case Number Respondent Location of Violation 1. 06-120 Deina M. Reed 1984 Applegate Drive 2.06-122 Dorothy A. Phelps 469 Little Aspen Court 3.06-123 Vita Santana 723 Veronica Circle 4.06-124 Jonathan Sahai & Melissa Vass 1891 Leslie Ann Lane 5.06-128 Mahid N. Choudbury 3321 Atmore Terrace Vice Chair Chancey. seconded bv Member HODDer. moved to approve the Consent Aflenda with the amendments presented bv Staff. Motion carried unanimously. COMMENTS FROM CITIZENS None Vice Chair Chancey. seconded bv Member Morton, moved to chanfle the order of the aflenda bv havinfl Case No. 05-071 heard first. Motion carried unanimous Iv. Vice Chair Chancey. seconded bv Member Ballard, moved to hear Case No. 05-071 for reduction of fine. Motion carried unanimously. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995. VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLmON. AOC - AFFlDA VIT OF COMPLIANCE, AONC - AFFIDA VII OF NON-COMPLIANCE, ATF-APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD - COMMISSION MEETING FOR DETERMINATION, CS - CONTINUED STAY, CTR - COPY TO RESPONDENT. ECO - EXTENDED COMPLIANCE ORDER, EX-EXHIBITS, FS- FEES STAYED. LDC - Land Development Code. NOCV - NOTICE OF CODE VIOLATION. NOH - NOTICE OF HEARING, NS-No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIFIL- ORDER IMPOSING FINEILIEN, ONC - ORDER OF NON-COMPLIANCE. OOC - ORDER OF CONTINUANCE, , ORF - ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - PROOF OF SERVICE, RFR - REQUEST FOR REHEARING, RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE. ROF- REDUCTION OF FINE, SFH - SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD - WITIIDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 05-071 - Ocoee Equities, LLC and Matthew J. Falconer 10570 W. Colonial Drive Officer Loeffler Violation Cited: 115-5; LDC 6-10 H (1); 108-33 A (a) B; 108-34 A & C 06-27-05 NOCV Re-Inspection Date: 08-03-05 08-08-05 SOV 08-08-05 NOH 08-08-05 pas 08-23-05 CO Meeting Date: 08-23-05 Certified Mail Given Until 09-26-05 or Pay $250,00 per Day. Page 2 of8 Code Enforcement Board Minutes October 24, 2006 09-27-05 ANC 09-27-05 Order Imposing Fine 09-11-06 AC Total Due: $87,250.00 09-29-06 Request for RehearinglReduction of Fine Observation: Overgrowth weeds/grass within required landscape areas/un-maintained required landscaping. Turf/grass damaged outside of retaining wall. Retaining wall covered with black stains/mold. Misc. trash and debris littering property and solid waste container areas. Screened solid waste container structures; gates left open visible from store front and parking areas. Sign damaged/dilapidated; top section/crown separated from masonry, stucco and wood main monument sign (permit required to repair). Attorney Sneed reminded the board that this case was a lien that has been recorded so the board this evening would be making a recommendation to the Commission on their decision. Officer Loeffler gave a brief history of the case and further announced the respondent was in compliance as of September 11, 2006. Charlotte Manley, Representative for Falcon Development, briefly explained why the code of violations had not been taken care of sooner. She stated due to miscommunication they were unaware of the violations not being handled. Chairman Godek inquired if there was someone in charge looking into making sure the violations were done. Ms. Manley stated there was a Property Manager in charge who should have been visiting the property once a week. Member Hopper stated that the City sent notices out to the owners and the owners should have taken ownership; companies sometimes have bad employees and it is the companies responsibility to make sure things are going right. Ms. Manley stated it took six months to get the violations corrected because she had to convince the owners that they should outsource to get the violations corrected. She further stated once they outsourced things started to look much better. Alternate Member Lowery inquired if the owners had taken into consideration that the City imposed a fine for everyday that the violations were not taken care of. He further stated the property owner who had received all the notices allowed it to get as far as going into a lien process before action was taken. Alternate Member Lowery stated he feels it was neglect on the owner's part and can not understand how they can reduce something that the owner was negligent on. Chairman Godek stated he has not heard anything justifying a reduction of fine. Member Hopper stated he can only justify reducing the fine based on the six month period of time that Ms. Manley put in, which would still leave the fine at around $63,000. Office Loeffler briefly added that for the past month since compliance has been achieved they have not had any problems with the landscaping or trash! debris. Member Morton moved in Case No. 05-071 to reduce fine to $17,450.00 (or $50.00/a day) with such amount to be lJaid 30 days after Commission approval or pay full amount. Motion died due to lack of second. Page 3 of8 Code Enforcement Board Minutes October 24, 2006 Member HODDer. seconded bv Member Ballard, moved in Case No. 05-071 to recommend to Commission to reduce fine to $63.000.00, with such amount to be paid 30 days after Commission approval or pay full amount. Motion carried 4-3 with Vice Chair Chancev, Members Morton. and Lowery opposinf!. Case No. 06-119 - Tiago Moreelli 510 Hager Drive Officer Siegrist Violation Cited: 115-3 08-24-06 NOCV Re-Inspection Date: 09-07-06 09-11-06 SOV 09-11-06 NOH Meeting Date: 09-26-06 09-12-06 pas Certified Mail 09-26-06 CO 10-04-06 NOH Meeting Date: 10-24-06 10-04-06 pas Certified Mail Observation: Driveway more than half full of trash and debris, including furniture, mattresses, household items, wood, etc. Officer Siegrist gave a detailed history of the case and provided exhibits. He further announced the property was in compliance as of October 13,2006. Member Morton inquired if the board could assess a fine to the respondent even though the respondent is now in compliance. The property was to be in compliance by September 3, 2006, but did not come into compliance until October 13, 2006. Attorney Sneed stated they can not levy a fine but if they have any testimony of any City cost then they can impose a fine. She further stated she did not see any evidence of City costs on file. Vice Chair Chancey. seconded bv Member Stanley, moved in Case No. 06-119 to find the respondent in violation as cited as of Sevtember 3, 2006. but in compliance as of October 13, 2006, and no fine be assessed. Motion carried unanimously. OTHER BUSINESS Case No. 06-078 - James Miller 1408 Wanda Street Violation Cited: 115-5 07-06-06 NOCV 07-27-06 SOV 07-27-06 NOH 07-31-06 pas 08-03-06 pas 08-03-06 pas 08-22-06 OC 08-25-06 NOH 08-25-06 pas Officer Rodriguez Re-Inspection Date: 07-21-06 Meeting Date: 08-22-06 Certified Mail Regular Mail Posting Order of Continuance Meeting Date: 09-26-06 Certified Mail Page 4 of8 Code Enforcement Board Minutes October 24, 2006 09-07 -06 pas 09-07-06 pas 09-26-06 co 10-11-06 ANC Observation: Tall weeds/grass front and back property. Regular Mail Posting Given Until 10-10-06 or Pay $50.00 per Day Officer Loeffler for Officer Rodriguez announced the property was in non-compliance. Member HODDer. seconded bv Member Morton, moved in Case No. 06-078 to assess the fine as of October 11, 2006. Motion carried unanimously. 06-080- Paul Cars, Inc c/o Paul J. Sawyer 701 L F Roper Parkway Violation Cited: 54-3 A (2); 108-34 A; 108-33 A (11); 108-33 A (1) 07-10-06 NOCV Re-Inspection Date: 07-26-06 07-28-06 SOV 07-28-06 NOH 07-31-06 pas 08-22-06 CO 09-27-06 AOC Observation: Missing business name & bldg. address (including site nos.) on exterior front & rear exterior exit personnel doors. Main bldg. address not on structure. Weeds/grass in excess of 10" and trash/debris. Emergency and exit lights not operational. Fence in disrepair (south side). Officer Siegrist Meeting Date: 08-22-06 Certified Mail Given until 09-26-06 or pay $200.00 per day Officer Siegirst announced the property was in compliance. Case No. 06-097 - Crums Climate Control, Inc. 712 Broadway Drive Violation Cited: 105.4 06-30-06 NOCV 08-10-06 SOV 08-10-06 NOH 08-10-06 pas 08-22-06 CO 09-05-06 ANC 09-19-06 AOC Total Due: $1700.00 09-26-06 OC Meeting Date: 10-24-06 Observation: Failure to obtain any required inspections for AlC change out, permit #0502709, issued 09/12/05. Officer T. Braddy-Bagwell Re-Inspection Date: 08-08-06 Meeting Date: 08-22-06 Certified Mail Given until 09-01-06 or pay $100.00 per day Officer Braddy-Bagwell gave the board a brief history of the case and further stated the property is in compliance but a fine of $1700.00 has not been paid. She further stated the board last month continued this case in good faith to reconsider the $1700.00. Vice Chair Chancey. seconded bv Alternate Member Lowery, moved in Case No. 06-097 to impose accrued fine of$1700.00. Motion carried unanimously. Page 5 of8 Code Enforcement Board Minutes October 24, 2006 Case No. 06-102 - Aluminum & More Inc. & Carolyn B. Mitchell TR. 332 Maguire Road Violation Cited: 115-3; 51-13 08-09-06 NOCV 08-25-06 SOY 08-25-06 NOH 08-25-06 pas 09-26-06 CO 10-17-06 ANC Observation: Fence without permit (Aluminum & More): and miscellaneous trash and debris, including dumpster placed on adjoining property near retention pond. Officer Siegrist Re-Inspection Date: 08-25-06 Meeting Date: 09-26-06 Certified Mail Given until 10-10-06 or pay $100.00 per day Officer Siegrist gave a brief history of the case and announced the property was in non- compliance. Member HODDer. seconded bv Member Ballard. moved in Case No. 06-102 to impose a fine ofSl00/per day effective October 11, 2006. Motion carried unanimously. Case No. 06-110 - Crums Climate Control, Inc. 610 Sherwood Oaks Circle Violation Cited: 105.4 08-11-06 NOCV 08-28-06 SOV 08-28-06 NOH 08-28-06 pas 09-07 -06 pas 09-26-06 CO 10-17-06 ANC Observation: Failure to obtain any required inspections for AlC change out, permit #0503083. Officer T. Braddy-Bagwell Re-Inspection Date: 08-28-06 Meeting Date: 09-26-06 Certified Mail Certified Mail Given until 10-10-06 or pay $50.00 per day Officer T. Braddy-Bagwell announced the property was in non-compliance. Member Morton. seconded bv Member Ballard, moved in Case No. 06-110 to impose a fine ofS50/per day effective October 11. 2006. Motion carried unanimously. Page 6 of8 Code Enforcement Board Minutes October 24, 2006 Case No. 06-111- Deina M. Reed 1984 Applegate Drive Violation Cited: 115-5; 165-3 07-31-06 NOCV 08-29-06 SOV 08-29-06 NOH 08-29-06 pas 09-12-06 pas 09-13-06 pas 09-27-06 CO 10-11-06 ANC Observation: Tall weeds/grass front and back property. Untagged/expired tag or inoperable vehicle. Officer Rodriguez Re- Inspection Date: 08-15-06 Meeting Date: 09-26-06 Certified Mail Regular Mail Posting Given until 10-10-06 or pay $100.00 per day Officer Loeffler announced the property was in non-compliance. Member HODDer. seconded bv Alternate Member Lowery, moved in Case No. 06-111 to impose a fine of$100/per day effective October 11, 2006. Motion carried unanimously. Case No. 06-116 - Marilyn Ivette Maldonado and Ashley Fusconi 402 Spring Lake Circle Violation Cited: 115-5 08-14-06 NOCV 08-30-06 SOV 08-30-06 NOH 09-07 -06 pas 09-26-06 CO 10-10-06 AOC Observation: Tall weeds/grass front and back property. Officer Rodriguez Re-Inspection Date: 08-29-06 Meeting Date: 09-26-06 Certified Mail Given until 10-10-06 or pay $50.00 per day Officer Loeffler announced the property was in compliance. Case No. 06-117 - David W. Driesse 471 Little Aspen Court Violation Cited: 115-5; 115-3; 108-23 Q 08-10-06 NOCV Re-Inspection Date: 08-28-06 08-30-06 SOV 08-30-06 NOH 08-30-06 pas 09-06-06 pas 09-06-06 pas 09-26-06 CO 10-11-06 ANC Observation: Weed/grass growth over 10". Also large dead tree limbs and branches in backyard. Also, 8ft. white fence in backyard in poor condition. Officer Siegrist Meeting Date: 09-26-06 Certified Mail Regular Mail Posting Given until 10-10-06 or pay $150.00 per day Officer Siegrist announced the property was in non-compliance. Page 7 of8 " Code Enforcement Board Minutes October 24, 2006 Member Ballard. seconded bv Member HODDer. moved in Case No. 06-117 to impose a fine of$150/per day effective October 11. 2006. Motion carried unanimously. COMMENTS Linda Lusero, Ocoee Resident, approached the board and asked some general questions, in which the board answered. Code Enforcement Officer Loeffler announced his paperwork was not currently in front of him but that the Code Enforcement Department did pick up 275 signs over the weekend. Alternate Member Lowery thanked Ms. Lusero for coming to the meeting and stated that he wished more residents would come to the meetings and participate. ADJOURNMENT Meeting adjourned at 7:47 p.m. wJ;U Robert Godek, Chairman Page 8 of8