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HomeMy WebLinkAbout02-27-2007 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING February 27, 2007 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 Member M. Godek 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, M. Godek, Hopper, Morton, Stanley and Alternate Member Lowery. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Siegrist, Code Enforcement Officer Ramos, Code Enforcement Officer Rodriguez, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: None Code Enforcement Officer Ramos administered the oath to Code Enforcement Officers Loeffler, Siegrist, Rodriguez, and anyone intending to speak regarding a case. CONSENT AGENDA ALL MATIERS 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 SEP ARA TEL Y. The Consent Agenda consisted of approval of Items A, Band C. *Note: Consent Agenda was amended. A. B. Minutes of the January 23,2007, Code Enforcement Board Meeting Dismissal or Compliance. (Case Numbers 07-005, 07-006, and 07-012 transferred to Consent). Case Number Respondent 1. 07-005 Juan M. & Paula Huerta Agosto 2. 07-006 Erika Franklin 3.07-012 Irene L. Griffin Tr. & Tracy Todd & Marsh were Location of Violation 466 Fort Collins Ct. 4995 Timber Ridge Tr. 616 Ocoee Hills Lane C. Order of Continuance (March 27,2007, Meeting). 009 were transferred to Consent). Case Number Respondent 1. 07-003 ALO! Wireless Inc. 2.07-009 Luis & Aida Perez (Case Numbers 07-003 and 07- Location of Violation 8983 W. Colonial Dr. 729 N. Lakewood Ave. Code Enforcement Board Minutes February 27,2007 Member Morton. seconded bv Member HODDer, moved to approve the Consent Aflenda with the amendments presented bv Staff. Motion carried unanimous/v. COMMENTS FROM CITIZENS None Vice Chair Chancev. seconded bv Member Ballard, moved to have the followinfl cases heard first 07-007, 07-011, 05-004, and 06-102. Motion carried unanimous/v. 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 DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT 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, OlF/L- ORDER IMPOSING FINE/LIEN, 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 - WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 07-007 - Richard F. Sederland 702 Crystal Drive Officer Siegrist Violation Cited: 165-3; 115-5 01-26-07 NOCV Re-Inspection Date: 01-25-07 01-26-07 SOV 01-26-07 NOH Meeting Date: 02-27-07 01-26-07 POS Certified Mail 02-08-07 POS Regular Mail Observation: Volvo car without tag in the side yard, and Chevy pickup truck in front yard with low cracked tires, also weeds/grass growth over 10". Officer Siegrist gave a detailed history of the case and provided exhibits. He further announced this case is a repeat violator and the property was in compliance as of February 14, 2007. Chairman Godek inquired if on the previous violations if any fines were assessed. Attorney Sneed administered the oath to Code Enforcement Officer Ramos so that she may speak on behalf of this case. Code Enforcement Officer Ramos stated that there is due $1,000 for the previous violations. Page 2 of8 Code Enforcement Board Minutes February 27, 2007 Richard Sederland, 155 S. Main Street, Winter Garden, stated he had been keeping up his grass since the last violation but due to several thunderstorms the grass grew very quickly and before he realized there was overgrowth in his yard, Code Enforcement Officer Siegrist had already stopped by his home and written up the violation. He further stated he did not receive the letter Officer Siegrist sent out on January 25th but instead was informed by his neighbor on February 2nd that Code Enforcement was at his home. He immediately cut the grass to correct the violation and then spoke with Officer Siegrist who informed him that the cars were also in violation. Mr. Sederland further explained to the board his attempt on trying to correct the vehicle violations. Member Stanley inquired if the home was vacant. Mr. Sederland stated the home was vacant at this time. Member Stanley further inquired if there was a reason that the car was not kept at his home in Winter Garden, Mr. Sederland stated it could be but he did not want more cars at his home address. Member Hopper informed Mr. Sederland that they have consistently had problems with the Crystal Drive address and he personally does not feel the board should have sympathy for him. He further stated he can not accept that someone who lives in Winter Garden would have their Ocoee property with junk vehicles when the vehicles could be kept in Winter Garden. Member M. Godek asked Mr. Sederland why has he not paid his past due fines if he was found in compliance. Mr. Sederland stated the board has put a lien on his house and there is nothing he can do at this time. Member HODPer, seconded bv Member Stan lev, moved in Case No. 07-007 to find the respondent in violation as a repeat violator, and be fined $250/ver dav from Januarv 25, 2007, through February 14.2007. Motion carried unanimous/v. Case No. 07-011- Virginia P. Lewin & Katie Willett 2005 Adair Street Violation Cited: 115-5 02-05-07 NOCV Re-Inspection Date: 02-05-07 02-05-07 SOV 02-05-07 NOH Meeting Date: 02-27-07 02-06-07 POS Certified Mail Observation: Overgrown weeds/grass. Officer Rodriguez Officer Rodriguez gave a detailed history of case and provided exhibits. She further announced this case is a repeat violation for having an untagged vehicle on the property. The property was in violation on February 2, 2007, and was in compliance as of February 19, 2007. This case is before the board to impose a fine. Page 3 of8 Code Enforcement Board Minutes February 27, 2007 After reviewing the docket it was determined by staff to withdraw the case due to case history docket not stating violation on vehicle. Member HODDer, seconded bv Member Stan lev, moved to withdraw Case No. 07-011 at the request of the City. Motion carried unanimous/v. Vice Chair Chancev. seconded bv Member M. Godek, moved to have Case No. 07-013 heard next on the agenda. Motion carried unanimous/v. Case No. 07-013 - Jarbas P. & Regina L. Ferreira Within Corporate Limits, Ocoee Officer Loeffler Violation Cited: LDC 8-6 R & 8-2 A 02-14-07 NOCV Re-Inspection Date: 02-14-07 02-14-07 SOV 02-14-07 NOH Meeting Date: 02-27-07 02-14-07 POS Certified Mail Observation: Placing of prohibited/un-permitted/illegal signs upon utility poles and within corporate limits of the City of Ocoee, Florida: Pool Service (407) 578-4488. Phone number traced to: prior case principals at 1961 Westpointe Circle in Orlando, FL. This name traces to State Records as Officer/Director USA Jarbas Corp., which shows a Regina Ferreira as a Principal of USA Jarbas Corp. Signs create a nuisance to the public health, safety and welfare; dangerous to motorists during installation by violator(s) and dangerous to motorists and Municipal Personnel during removal. Officer Loeffler gave a brief history of case and provided exhibits. He further announced this case is a repeat violation for mounting signs on utility poles. On February lih he observed the same type of signs that were previously in violation the only difference is it lacked the word "Regina". Officer Loeffler stated upon seeing the signs he immediately got on the internet and started doing research by the phone number and pulled up information for Regina Pool Service and USA Jarbas Corp. He further stated he delivered the notice of violation to the owner's residence in Metro West. On the 16th of February since complaints were still being received and the signs were yet to be removed, Officer Loeffler removed all the signs himself. Attorney Sneed clarified to the board that the Florida Statutes and City Code define a repeat violator as the same individual or corporation who has committed the same violation within a five year period and does not have to be at the same property, The board was informed by Officer Loeffler that the violation did take place within the five year period. Regina Ferreira, 1961 Westpointe Circle, Orlando, after being sworn in, addressed the board and stated they had mistakenly put the signs in the same area as the first violation. She further stated they have not had problems with the signs that they have up in other areas. Ms. Ferreira stated her husband did go out and remove some of the signs himself. Member Morton informed Ms. Ferreira that it is up to their company to keep track of the codes that are enforced in certain areas and where their signs are being placed. Page 4 of8 Code Enforcement Board Minutes February 27, 2007 Member Stan lev. seconded bv Member Morton, moved in Case No. 07-013 to find the respondent in violation as a reveat violator, and be fined $300/ver dav from February 12, . 2007, through February 16, 2007. Motion carried unanimouslv. Member Stan lev, seconded bv Vice Chair Chancev. moved to re-hear Case No. 05-004 for reQuest of re-hearing/reduction of fine. Motion carried 5-2 with Members Morton & Hovver opvosing. Case No. 05-004 - Kim Pagano 5001 Water Wheel Court Violation Cited: 115-5; 115-3; 108-23 Q 12-06-04 NOCV Re-Inspection Date: 12-22-04 12-28-04 SOV 12-28-04 NOH 12-28-04 POS 01-25-05 CO 02-16-05 ANC 02-22-05 OIF Accruing 01-19-07 AOC New Owner 02-16-07 Request Re- Total due $70,100.00 HearinglReduction of Fine Observation: One Chevy Cavalier station wagon with no tag in front driveway, sections of fence missing and grass/weeds over 10", plus miscellaneous trash and debris. Officer Siegrist Meeting Date: 01-25-05 Certified Mail Given Until 02-15-05 or Pay $100.00 per Day Officer Siegrist gave a brief history of case and provided exhibits. He further announced the property is under new ownership and was in compliance as of January 19, 2007. Edward Terry, Agent for Global Realty Brokers, 2433 Sherbrooke Road, Winter Park, was available for questioning. Chairman Godek inquired if Mr. Terry was aware of the fine and why he thought the board should reduce the fine. Mr. Terry stated that without the prospect of fair and equitable treatment from the City, a person could not attempt to correct the violations of a prior owner. The overall result would be properties that would be too expensive, because of penalty liens, to ever repair and these properties would continue to deteriorate. Member Morton inquired as to where the previous owners were. Mr. Terry stated they purchased the property in a foreclosure sale on December 12, 2006, and let the owners remain in the home until January. He further stated they brought the property up to compliance only 10 days after they purchased it. Member Stanley inquired as to why they did not come to the City before they purchased the property and inquired if they just assumed the board would grant a reduction. Mr. Terry stated they knew that they had no chance of getting a reduction until the property was in compliance so in good faith they fixed up the property and then decided to approach the board. Further discussion ensued regarding the request for the reduction of fine. Page 5 of8 Code Enforcement Board Minutes February 27, 2007 Member HODDer, seconded bv Member Stan lev, moved in Case No. 05-004 to recommend to City Commission that the fine be reduced to $35,050.00 and be vaid within 60 davs of Commission apvroval or revert to original fine. Motion carried 6-1 with Member M Godek opposmg. Case No. 06-102 - Aluminum & More Inc. & Carolyn B. Mitchell TR. Officer Siegrist 332 Maguire Road Violation Cited: 115-3; 51-13 08-09-06 NOCV 08-25-06 SOV 08-25-06 NOH 08-25-06 POS 09-26-06 CO 10-17-06 ANC 10-24-06 OIF 12-15-06 AOC 01-23-07 Request Re- Total due $6500.00 HearinglReduction of Fine Observation: Fence without permit (Aluminum & More): dumpster placed on adjoining property near retention pond.. Re-Inspection Date: 08-25-06 Meeting Date: 09-26-06 Certified Mail Given Until 10-10-06 or Pay $100.00 per Day As of 10-11-06 and miscellaneous trash and debris, including Member M. Godek, seconded bv Member Ballard, moved to not re-hear Case No. 06-102 for request of reduction offine. Motion carried 6-1 with Vice Chair Chancev ovposing. Case No. 07-008 - Johnny Qui Ton 2740 Alclobe Circle Violation Cited: 115-3 01-19-07 NOCV Re-Inspection Date: 01-29-07 01-30-07 SOV 01-30-07 NOH Meeting Date: 02-27-07 01-30-07 POS Certified Mail Observation: Tree branches on front of property. Officer Rodriquez Officer Rodriguez gave a detailed history of case and provided exhibits, She further announced the property was in non-compliance as of February 27, 2007. Vice Chair Chancev. seconded bv Member Ballard, moved in Case No. 07-008 to find the resvondent in violation as cited as of January 26, 2007, and be given until March 6. 2007, to come into comvliance or be fined $50/per dav thereafter. Motion carried unanimouslv. Case No. 07-010 - Alberto M. Layag & Pricila S. Layag 2018 Hedgerow Circle Officer Rodriguez Violation Cited: 115-5 02-05-07 NOCV Re-Inspection Date: 02-02-07 Page 6 of8 Code Enforcement Board Minutes February 27, 2007 02-05-07 SOV 02-05-07 NOH Meeting Date: 02-27-07 02-05-07 POS Certified Mail Observation: Tall weeds/grass backyard of property. Officer Rodriguez gave a detailed history of case and provided exhibits. She further announced the property was a repeat violator and was in compliance as of February 27,2007. This case is before the board to impose a fine. Vice Chair Chancev. seconded bv Member Ballard, moved in Case No. 07-010 to find the respondent in violation as a repeat violator as cited as of February 2, 2007, and in compliance as of February 27. 2007. and be fined $100/a dav for the period of non- compliance. Motion carried unanimous Iv. OTHER BUSINESS Case No. 07-002 - Shannon Dun 130 N. Bluford Avenue Violation Cited: 165-3 01-10-07 NOCV 01-10-07 SOV 01-10-07 NOH 01-10-07 POS 01-20-07 POS 01-23-07 CO 01-25-07 AC Observation: One Mini Van Plymouth white, in front yard, with no tag, flat tire, and broken mirror. Officer Siegrist Re-Inspection Date: 01-10-07 Meeting Date: 01-23-07 Certified Mail Hand Delivery With fines being suspended until 01-26-07 or pay $100 per day Property was in compliance as of January 26,2007. COMMENTS Officer Rodriguez welcomed Carmen Ramos to the Code Enforcement Team. Member Morton thanked the Mayor for inviting his out-of-town brother who is a volunteer at another state. Chairman Godek announced he attended a Code Enforcement Conference and once he gets a chance to make copies of what he had received he will forward the information to the board members. Officer Loeffler provided before/after pictures of properties that were in violation in Ocoee but did reach compliance without coming to the board. Page 7 of8 Code Enforcement Board Minutes February 27, 2007 ADJOURNMENT Meeting adjourned at 8:10 p.m. Page 8 of8 AP~ Robert Go~ek,-- ~ai~an-