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HomeMy WebLinkAbout04-18-2019 Special Magistrate Agenda CODE ENFORCEMENT SPECIAL MAGISTRATE AGENDA Thursday, April 18, 2019 City Hall Council Chambers 1:00 p.m. 150 N. Lakeshore Drive Andrew Hand, Special Magistrate, Presiding I. Call to Order II. Swearing in of Witnesses III. New Cases Case Number Location Respondent(s) 2019-00174 341 FRANKLIN ST FRANKLIN FAMILY TRUST OFFICER LOEFFLER IV. Old Cases No Cases Scheduled V. Adjournment For additional information, please call Justin Mieras, Code Enforcement Clerk, at 407-554-7065 or contact him by email to jmieras@ocoee.org. Please be advised that in accordance with state law, if you wish to appeal any decision rendered by the Special Magistrate, you are responsible for your own record of the proceedings, and you may need to ensure that a verbatim transcript is made. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk’s office (407-905-3100) 48 hours in advance of the meeting. 40. ``'J Ocoee florida CODE ENFORCEMENT CASE HISTORY RESPONDENT: FRANKLIN FAMILY TRUST CASE#2019-00174 Location/Address: 341 FRANKLIN ST Violation Cited: §108-34.A., §165-3.A., &§168-6.B.(1) Officer: LOEFFLER Date Observed: MARCH 05,2019 Compliance Date: MARCH 12,2019 Observation: Scrap lumber,old furniture,car parts and overflowing green trash can all visible from street;Expired tag /no tag vehicles on property w/flat tire(s);and vehicles parked/stored upon unimproved,non-surfaced portions of property. Timeline 03/05/19 Notice of Code Violation Re-Inspection Date: 03/13/19 7018-0040-0001-0116-7127 Delivered 03/07/19 03/12/19 Notice of Hearing Meeting Date: 03/26/19 7018-0040-0001-0116-6649 Delivered 03/25/19 341 Franklin St Page 1 of 1 RICK SINGH,GFA-ORANGE GOUNiY PROPERTY APPRAISER P Searches 0 Sales Search e ® Results ® Property Record Card } My Favorites Sign up for e-Notify... -341 Franklin St cad�ra <18-22-28-3116 01-020> I Name(s) Physical St'eet Address J..+' Franklin Family Trust 341 Franklin St .- n Property Name Postal Cty and Zipcode — — ,~ De Y . .00.. 341 Franklin St(Vacant) Ocoee,Fl 34761 Mailing Address On File Property Use r" i.i C/O J A Green Trustee 4800-Warehousing " y' 4 287111 a3116010200 05/0111006 Po Box 1103 Municipality Windermere,FL 34786-1103 Ocoee Incorrect Mailing Address? View 2018 Property Record Card P Update Information Property Features l Values.Exemptions and Taxes , Sales Analysis Location Info Market Stats 2019 values will be available in August of 2019. Property Description View Plat GRACE PARK M/8 LOTS 2 3&4 BLK A(LESS RD R/W IN SW COR OF LOT 3) Total Land Area 21,286 sqft(+/-) I 0.49 acres(+1-) GIS Calculated Notice Land Land Use Code Zoning Land Units Unit Price Land Value Class Unit Price Class Value 4800-Warehousing C-2 21286 SQUARE FEET working... working... working... working... Page 1 of 1(1 total records) Buildings View Ocoee Permits Important Information Structure Model Code:lir 06-Warehouse Actual Year Built 1945 Gross Area: 6391 sqft Type Code: 4800-Warehousing Beds:Baths: Living Area: 5993 sqft Building Value: working... Baths: 0.0 Exterior Wall: Concrete/Cinder Block Estimated New Cost: working... Floors: 1 Interior Wall: Inexpensive,Minimal Materials Page 1 of 1(1 total records) Extra Features Description Date Built Units XFOB Value 6040-Paved Concrete 01/01/1955 2186 Unit(s) working... Page 1 of 1(1 total records) This Data Printed on 04/18/2019 and System Data Last Refreshed on 04/17/2019 http://www.ocpafl.org/searches/parcelsearch.aspx 4/18/2019 I ,,: ---„,-. I . ' P- I" : 4At. 1 i . , t a t I r A. .',. 1 I AA- A 4 $ - , . A _ _ ki . .. . 1 of . ., 4 - 4 0 ... . ,. -, ... . .. il , . a (I / I ' . :9, I \4+4 : .._ .,.... . : ... . f.,. . k.....) , . . . 1 • � . \ } \ I ( \ , (a. . \ � . 1 . . \ ' _ : ^ \ ; % » ,: ». . z . _ � � � . \ � ¥ . . : . . ^ / %: . » \ ` ? f , . 7 J • !\ ` ( , - � , ^� I � : } l § y> a} �».\ — . : . 1 \\ ) � yy ,, © - . \ I it.,- / . > . a . t111111111.,^ ° ""144.11444\111111 ~ : \ 3 : \ /° K ! , I ........... \ I., ...ay . • . . \ \ City of Ocoee Wek 150 N. Lakeshore Drive City of Ocoee, FL 34761 CODE (407) 905-3100 ENFORCEMENT www.ocoee.org Case#: 2019-00174 Notice Date:03/05/2019 NOTICE OF CODE VIOLATION Notice of Code Violation Regarding: 341 FRANKLIN ST OCOEE, FL 34761 Parcel#: 182228311601020 FRANKLIN FAMILY TRUST C/O J A GREEN TRUSTEE, PO BOX 1103 WINDERMERE, FL 34786 YOU ARE NOTIFIED, pursuant to Chapter 7.6 of the Code of Ordinances of the City of Ocoee,that the following violations of the Code of the City of Ocoee have been noted with respect to the property identified above: Code Violations Violation Findings Code Violated Remedial Actions Expired tag/no tag vehicles on § 165-3. - Prohibited acts. Remove vehicles-or- repair, make property w/flat tire(s) operable including attached display of valid license tags and relocate to improved surface. Scrap lumber, old furniture, car § 108-34. - Duties and Clean-up/ remove scrap,junk, parts and overflowing green trash responsibilities of owners and debris, parts and place within can all visible from street operators of commercial, business dumpster. or industrial structures. Vehicles parked/stored upon § 168-6. - Parking on private and Remove vehicles or relocate to unimproved non-surfaced portions public property.[Amended surfaced improved parking of property 11-6-2007 by Ord. No. 2007-025] Code Violated Description of Code § 165-3. - Prohibited acts. A. No person shall keep any abandoned or junk vehicle on any public property or any private property within the corporate limits of the city, except on private property as provided for in § 165-5. No person shall permit any abandoned or junk vehicle to be kept on private property owned, rented, leased or controlled by such person within the corporate limits of the city, except on private property as provided for in § 165-5. [Amended 11-2-1999 by Ord. No. 99-35] § 108-34. - Duties and A. All parts of the premises under the control of the owner or operator responsibilities of owners and shall be kept in a clean and satisfactory condition, and the occupant shall operators of commercial, refrain from performing any acts which would render other parts of the business or industrial structures. premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition. § 168-6. - Parking on private and B. Conformance required public property.[Amended (1) No owner of any private property shall consent to or acquiesce to the 11-6-2007 by Ord. No. parking or storing of any motor vehicles,whether occupied or unoccupied, 2007-025] on any portion of the owner"s property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code The violation(s) was observed by Ed Loeffler, the undersigned, on 03/05/2019. YOU HAVE UNTIL 03/12/2019 to correct the violation(s) described above to comply with the Code. Failure to comply by this date will result in the commencement of appropriate enforcement action, including a possible fine, not to exceed $250.00 per day for each day the violation continues past the date set by the Code Enforcement Board for compliance, and in addition, the fine may include costs incurred by the City under certain circumstances. Our intention is not to punish the property owner, but to ensure that it comes into compliance by correcting the violation(s). The burden rests upon you to request a re-inspection in order to determine whether the property has been brought into compliance. I certify that a copy hereof has been sent, PROPERTY POSTING to each address named above on 03/05/2019. Sincerely, Name: Ed Loeffler Title: Code Enforcement Officer Date: 03/05/2019 Telephone: 407-905-3100 ext 1008 City of Ocoee 150 N. Lakeshore Drive City of Ocoee, FL 34761 CODE (407) 905-3100 ENFORCEMENT www.ocoee.org Case#: 2019-00174 Notice Date:03/05/2019 NOTICE OF CODE VIOLATION Notice of Code Violation Regarding: 341 FRANKLIN ST OCOEE, FL 34761 Parcel#: 182228311601020 FRANKLIN FAMILY TRUST C/O J A GREEN TRUSTEE, PO BOX 1103 WINDERMERE, FL 34786 YOU ARE NOTIFIED, pursuant to Chapter 7.6 of the Code of Ordinances of the City of Ocoee, that the following violations of the Code of the City of Ocoee have been noted with respect to the property identified above: Code Violations Violation Findings Code Violated Remedial Actions Expired tag/no tag vehicles on § 165-3. - Prohibited acts. Remove vehicles-or- repair, make property w/flat tire(s) operable including attached display of valid license tags and relocate to improved surface. Scrap lumber, old furniture, car § 108-34. - Duties and Clean-up/remove scrap,junk, parts and overflowing green trash responsibilities of owners and debris, parts and place within can all visible from street operators of commercial, business dumpster. or industrial structures. Vehicles parked /stored upon § 168-6. - Parking on private and Remove vehicles or relocate to unimproved non-surfaced portions public property.[Amended surfaced improved parking of property 11-6-2007 by Ord. No. 2007-025] Code Violated Description of Code § 165-3. - Prohibited acts. A. No person shall keep any abandoned or junk vehicle on any public property or any private property within the corporate limits of the city, except on private property as provided for in § 165-5. No person shall permit any abandoned or junk vehicle to be kept on private property owned, rented, leased or controlled by such person within the corporate limits of the city, except on private property as provided for in § 165-5. [Amended 11-2-1999 by Ord. No. 99-35] § 108-34. - Duties and A. All parts of the premises under the control of the owner or operator responsibilities of owners and shall be kept in a clean and satisfactory condition, and the occupant shall operators of commercial, refrain from performing any acts which would render other parts of the business or industrial structures. premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition. § 168-6. - Parking on private and B. Conformance required public property.[Amended (1) No owner of any private property shall consent to or acquiesce to the 11-6-2007 by Ord. No. parking or storing of any motor vehicles, whether occupied or unoccupied, 2007-025] on any portion of the owner"s property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code The violation(s) was observed by Ed Loeffler, the undersigned, on 03/05/2019. YOU HAVE UNTIL 03/12/2019 to correct the violation(s) described above to comply with the Code. Failure to comply by this date will result in the commencement of appropriate enforcement action, including a possible fine, not to exceed $250.00 per day for each day the violation continues past the date set by the Code Enforcement Board for compliance, and in addition, the fine may include costs incurred by the City under certain circumstances. Our intention is not to punish the property owner, but to ensure that it comes into compliance by correcting the violation(s). The burden rests upon you to request a re-inspection in order to determine whether the property has been brought into compliance. I certify that a copy hereof has been sent, CERTIFIED MAIL to each address named above on 03/05/2019. Sincerely, Name: Ed Loeffler Title: Code Enforcement Officer Date: 03/05/2019 Telephone: 407-905-3100 ext 1008 U.S Postal Service"' CERTIFIED MAIL RECEIPT NDomestic Mail Only r9 For delivery Intortnalion v s t our+.ns to at rvww.asps.% (1,-.115F 1CIAL U p or,,;;..r...;r rr I---_ ;/k0��1^'.'" 0 ❑�^M1°.M_ Imo— ,„ V44 z Cl DOA quar•Pritic.lorn p �4POPKARO prl 1 3' k- p8w. a 193 -- ; s'° -4,1 USPS.com® -USPS Tracking® Results Page 1 of 3 USPS Tracking® FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70180040000101167127 Remove X Your item was delivered at 5:54 pm on March 7, 2019 in WINDERMERE, FL 34786. C✓ Delivered March 7, 2019 at 5:54 pm Delivered -' WINDERMERE, FL 34786 a- Get Updates \/ 0 Text & Email Updates Tracking History n March 7, 2019, 5:54 pm Delivered WINDERMERE, FL 34786 Your item was delivered at 5:54 pm on March 7, 2019 in WINDERMERE, FL 34786. March 7, 2019, 8:10 am Available for Pickup WINDERMERE, FL 34786 https://tools.usps.com/go/TrackConfirmAction?tRefullpage&tLc=2&text28777=&tLabe... 4/18/2019 USPS.com® -USPS Tracking®Results Page 2 of 3 March 6, 2019, 8:57 pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER March 6, 2019 In Transit to Next Facility March 5, 2019, 10:11 pm Arrived at USPS Regional Origin Facility ORLANDO FL DISTRIBUTION CENTER March 5, 2019, 5:07 pm Departed Post Office OCOEE, FL 34761 March 5, 2019,4:43 pm USPS in possession of item m OCOEE, FL 34761 m C) Product Information u See Less " Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tRefullpage&tLc=2&text28777=&tLabe... 4/18/2019 USPS.com® -USPS Tracking®Results Page 3 of 3 The easiest tracking number is the one you don't have to know. With Informed Delivery°, you never have to type in another tracking number. Sign up to: • See images* of incoming mail. rn • Automatically track the packages you're expecting. 0- 0 • Set up email and text alerts so you don't need to enter tracking numbers. • Enter USPS Delivery Instructions' for your mail carrier. Sign Up (https://reg.usps.com/entreg/RegistrationAction_input? *NOTE: Black and white (grayscale) images show the outside, front of letter-sized envelopes and mailpieces t4T @5 °t�tomated equipment. https://tools.usps.com/go/TrackConfirmAction?tRef fullpage&tLc=2&text28777=&tLabe... 4/18/2019 CODE ENFORCEMENT BOARD OF THE t 4i, CITY OF OCOEE, FLORIDA txaxt�� CODE CASE NO. 2019-00174 ENFORCEMENT ADDRESS:341 FRANKLIN ST City of Ocoee, Florida Petitioner FRANKLIN FAMILY TRUST Respondent NOTICE OF HEARING TO: FRANKLIN FAMILY TRUST YOU ARE NOTIFIED, pursuant to Chapter 7.6 of the Code of Ordinances of the City of Ocoee, that a public hearing will be conducted in the above-styled action, pending and undetermined by the Special Magistrate of the CITY OF OCOEE, on 4/18/2019 1:00:00 PM at the Ocoee Commission Chambers, 150 North Lakeshore Drive, in the city of Ocoee, Florida. The Board will receive testimony in evidence at this public hearing and will make such findings of fact as are supported by that testimony and the evidence pertaining to the following matter(check one): ( ) Statement of Violations(copy attached) ( ) Affidavit of Non-Compliance(copy attached) ( ) Application to Foreclose(copy attached) ( ) Other,describe You have the right to appear before the Board in person,the right to present evidence relevant to the matter under consideration by the Board,the right to subpoena witnesses to testify at the hearing,and the right to be represented before the Board by a lawyer at your own expense. CHECK ONE: (v) If the violation is corrected and then recurs,or if the violation is not corrected by specified time s ecified for correction,the case may be presented to the Board by a lawyer at your own expense. ( ) Because this is a repeat violation, the case may be presented to the Board even if the violation has been corrected prior to the Board hearing. ( ) Because the violation(s) are considered to be irreparable or irreversible in nature,the case may be presented to the Board even if the violation(s) has been corrected prior to the Board hearing. If a person decides to appeal any decision made by the Board with respect to any matter considered at the hearing, such person will need a record of the proceedings, and for such purpose, such person may need to ensure that a verbatim record of the proceedings is made,which record includes the 1 testimony and evidence upon which the appeal is to be based. Please govern yourself accordingly. Dated: 03/21/2019 Clerk of the Board By:Justin Mieras 2 c CODE ENFORCEMENT BOARD OF THE 0(ow CITY OF OCOEE, FLORIDA CODE CASE NO. 2019-00174 ENFORCEMENT CITY OF OCOEE, Petitioner FRANKLIN FAMILY TRUST Respondent STATEMENT OF VIOLATIONS Pursuant to the Chapter 7.6 of the Code of Ordinances of the City of Ocoee, the undersigned Code Inspector states the following with respect to certain violation(s) of the Code of the City of Ocoee, Florida,and hereby requests a public hearing before the Special Magistrate of the City of Ocoee: 1. Name and address of owner/person in charge of location where violation(s)existed: FRANKLIN FAMILY TRUST C/O J A GREEN TRUSTEE, PO BOX 1103 WINDERMERE, FL 34786 2. Location/address where violation(s) existed:341 FRANKLIN ST Description of violation(s): Violation Findings Code Violated Remedial Actions Expired tag/no tag vehicles on § 165-3.-Prohibited acts. Remove vehicles-or-repair, make property w/flat tire(s) operable including attached display of valid license tags and relocate to improved surface. Scrap lumber,old furniture,car § 108-34.-Duties and Clean-up/remove scrap,junk, parts and overflowing green trash responsibilities of owners and debris, parts and place within can all visible from street operators of commercial, business dumpster. or industrial structures. Vehicles parked/stored upon § 168-6.-Parking on private and Remove vehicles or relocate to unimproved non-surfaced public property.[Amended surfaced improved parking portions of property 11-6-2007 by Ord. No.2007-025] Code Violated Descriptionof cpde § 165-3.-Prohibited acts. A. No.persdra.h II keep any abandoned or junk vehicle on any public >. proper y br allorivate property within the corporate limits of the city, except on private property as provided for in§ 165-5. No person shall 3 permit any abandoned or junk vehicle to be kept on private property owned, rented, leased or controlled by such person within the corporate limits of the city,except on private property as provided for in§ 165-5. [Amended 11-2-1999 by Ord. No. 99-35] § 108-34.- Duties and A.All parts of the premises under the control of the owner or operator responsibilities of owners and shall be kept in a clean and satisfactory condition,and the occupant shall operators of commercial, refrain from performing any acts which would render other parts of the business or industrial premises unclean or unsanitary or which would obstruct the owner or structures. operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition. § 168-6.- Parking on private B.Conformance required and public property.[Amended (1) No owner of any private property shall consent to or acquiesce to the 11-6-2007 by Ord. No. parking or storing of any motor vehicles,whether occupied or unoccupied, 2007-025] on any portion of the owner"s property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code The violation(s)was observed by Ed Loeffler,the undersigned,on 03/05/2019. The property was re-inspected on 03/13/2019 with the following results: Non-Compliant. Based on the foregoing, I certify that the violation(s) described above has existed or has been repeated, and that the violation(s)should be referred to the Code Enforcement Board for a Public Hearing. Signature: Printed Name: Ed Loeffler Title: Code Enforcement Officer Date: 03/21/2019 Telephone: 407-905-3100 ext 1008 STATE OF FLORIDA COUNTY OF ORANGE Before the undersigned authority this date personally appeared, Ed Loeffler being first duly sworn, disposes and says: I am the Code Inspector for the City of Ocoee who signed the foregoing statement; and, they are true. Signature: Affiant Subscribed before me this Z-•) day of NATC41 ,20 [ , by Ed Loefflerwho is personally known to me. =f4.1k." TIN MtERASllc•State or Florida 1,, '/�/�nlon M GG 23�895BY: ��Y t Y�/1 J�/�1 V�'" xpires Jun 25.2022Notary Publicational Notary Assn. I 4 U.S.Postal Service'" CERTIFIED MAIL®RECEIPT G Domestic Mail Only S ..D For delivery informationvisit our website at mvrv.usps.com Iq-r 8B'0 I C I ' .. U S E .1 iiiiimillill CD _ ... ,.p ctoucwer.cvrwN Q yK„ Cr, ❑t....n N.c.i.l..ini $-- W Wm�rili .a D..niwoo(.�+a oE 0011111 2019 c eisa WM amass 0.....y 8 U op.m.wean iowree $ o D.aa Stmeare%WipedC..,$ O Postpe f' S USPS 0 iiiiiirialliiiii a o .• PS Form 3800 -. r r.. - i USPS.com® -USPS Tracking® Results Page 1 of 3 USPS Tracking® FAQs > (https://www.usps.com/faqs/uspstracking-faqs.htm) Track Another Package + Tracking Number: 70180040000101166649 Remove X Your item was picked up at the post office at 4:15 pm on March 25, 2019 in WINDERMERE, FL 34786. G Delivered March 25, 2019 at 4:15 pm Delivered, Individual Picked Up at Post Office 0_ WINDERMERE, FL 34786 Get Updates \/ Text & Email Updates Tracking History n March 25, 2019, 4:15 pm Delivered, Individual Picked Up at Post Office WINDERMERE, FL 34786 Your item was picked up at the post office at 4:15 pm on March 25, 2019 in WINDERMERE, FL 34786. March 23, 2019, 7:55 am Available for Pickup WINDERMERE, FL 34786 https://tools.usps.com/go/TrackConfirmAction?tRefullpage&tLc=2&text28777=&tLabe... 4/18/2019 USPS.com® -USPS Tracking® Results Page 2 of 3 March 22, 2019,4:02 pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER March 22, 2019 In Transit to Next Facility March 21, 2019, 8:38 pm Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER Product Information u See Less " - CD C) Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) https://tools.usps.com/go/TrackConfirmAction?tRef—ful 1page&tLc=2&text28777=&tLabe... 4/18/2019 USPS.com® -USPS Tracking® Results Page 3 of 3 The easiest tracking number is the one you don't have to know. With Informed Delivery°, you never have to type in another tracking number. 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