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HomeMy WebLinkAbout05-24-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MAY 24, 2005 CALL TO ORDER Vice-Chairman Lenko called the regular meeting of the Ocoee Code Enforcement Vice- Board to order at 7:05 p.m. in the Commission Chambers at City Hall. Chairman Lenko Member Henderson led the Pledge of Allegiance to the Flag and led the Invocation. The roll was called and a quorum was declared present. PRESENT:, Vice-Chairman Lenko, Members Chancey Godek, Henderson, and Alternate Member Hopper. Also present were Building Official Phelps, Code Enforcement Officers Loeffler and Siegrist, Zoning Inspector Dunsford, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Brasher. ABSENT: Chairman Linebarier, who resigned. Member Donenfeld, who was unexcused and Alternate Member Stanley, who was excused. CONSENT AGENDA ALL MATTERS 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 of Item A. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, April 26, 2005. Member Godek, seconded by Member Henderson, moved to approve the Consent Agenda as presented. Motion carried 5-0. COMMENTS FROM CITIZENS None 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 Code Enforcement Board Minutes May 24, 2005 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, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, OAF - ORDER AUTHORIZING FORECLOSURE, OIF/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. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Loeffler and Siegrist, Building Official Phelps, Zoning Inspector Dunsford and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Building Official Phelps stated Case Numbers 05-026, 05-032, 05-039 and 05-040 were withdrawn without prejudice, Case Nos. 05-037 and 05-041 have not received mail service back from the Respondent, Case No. 05-042 is in compliance and no action is required, and Case No. 05-034 is to be continued until the June 2005, Code Enforcement Board Meeting. Member Godek, seconded by Member Chancey, moved to continue Case No. 05- 034 until the June 28, 2005, Code Enforcement Board Meeting. Motion carried 5-0. Case No. 05-038 – Robert G. & Florilla Claxton 329 Wurst Road Building Official Phelps Violation Cited: 51-13 04-20-05 NOCV Re-Inspection Date: 05-11-05 05-13-05 SOV 05-13-05 NOH Meeting Date: 05-24-05 05-16-05 POS Certified Mail Observation: Failure to obtain a permit for a fence. Building Official Phelps , having been sworn, stated the City and the Respondents have agreed to a verbal stipulation regarding the fence. The City asked that this Case be continued until the June 28, 2005, Code Enforcement Board Meeting. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-038 Member Chancey, seconded by Member Henderson, pursuant to a verbal stipulation between the Respondents and the City, moved to find the Respondents in Case No. 05-038 in violation of Section 51-13 as of April 30, 2005, but to give until June 30, 2005, to comply and no fine imposed. Motion carried 5-0. 2 Code Enforcement Board Minutes May 24, 2005 COMMENTS REGARDING CASE NO. 05-021 Building Official Phelps announced that Building Clerk Ramos received a notice from the representative for Case No. 05-021 requesting to delay the hearing until 8:00 p.m. and it is the option of the Code Enforcement Board to proceed with the Case or continue it until a later date. Member Chancey said if the board proceeds without the representative, the board might possibly have to re-state all the evidence when and if the representative appears before the board and he is in favor of taking a ten-minute recess to allow time for the representative to appear. ANNOUNCEMENTS Vice-Chairman Lenko announced that Chairman Linebarier resigned, effective May Attorney Sneed 18, 2005, from the Code Enforcement Board due to his health. advised the board that Vice-Chairman Lenko would be interim Chairman and a Vice- Chairman would need to be nominated and elected tonight. Member Chancey nominated Member Godek to serve as interim Vice-Chairman until annual nominations/elections are held in June. Member Chancey, seconded by Member Henderson, moved to elect Member Godek as interim Vice-Chairman. Motion carried 5-0. Chairman Lenko said it has been a pleasure to serve on the board with John Linebarier. Building Official Phelps saidhe has had no contact with the Respondents inCase No. 05-030 – Outdoor Holding III LLC, Hodgskin Outdoor Living, Inc., Hodgskin Outdoor Products, Inc. (Owner/Registered Agent: Lori A. Hodgskin) and no documents have been submitted to the Planning Department. It was the consensus of the board to take a ten-minute recess to give the Representative in Case No. 05-021 time to appear before the board since Case No. 05-021 is the final Case to be heard on the agenda. Recess 7:25 p.m. – 7:35 p.m. 3 Code Enforcement Board Minutes May 24, 2005 Member Hopper said the board should proceed with the Case since the City is prepared to present the Case and James Cook is present in the audience to testify. Chairman Lenko asked if the board was allowing “Due Process” if they proceed with Attorney Sneed the Case. said the Representative sent a notice stating that he could not attend the meeting until 8:00 p.m. and the agenda was clear at 7:15 p.m., it would be appropriate to consider the Representative’s request as a continuance. She further stated the board could continue the Case until a later date, or proceed with the Case. Member Henderson, seconded by Member Hopper, moved to deny a continuance in Case No. 05-021. Motion carried 3-2 with Chairman Lenko and Member Chancey voting no. Case No. 05-021– Elizabeth Hager TR and Marion Davis TR 137 S. Cumberland Avenue Officer Siegrist Violation Cited: 115-3 10-28-04 NOCV Re-Inspection Date: 02-15-05 02-15-05 SOV 02-15-05 NOH Meeting Date: 02-22-05 02-15-05 POS Certified Mail 02-22-05 OOC 02-24-05 SOV 02-24-05 NOH Meeting Date: 03-22-05 02-25-05 POS Certified Mail 03-22-05 OOC 03-22-05 NOH Meeting Date: 04-26-05 04-06-05 POS Certified Mail 03-22-05 SFH James Cook-15 S. Cumberland Ave. 04-26-05 OOC Observation: Two (2) dead trees and four (4) damaged trees on property. Potential danger to near by homes and roadway. Trees on property are indicated and marked, this work requires obtaining a permit in advance of tree removal. Officer Siegrist , having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-021 Member Chancey asked how many trees were in the original violation and how Officer Siegrist many trees still exist. said there were originally seven (7) trees in violation and there are three (3) trees still in violation. Member Hopper asked Zoning Inspector Dunsford if he concurred with Officer Zoning Siegrist as to whether the trees posed danger and need to be removed. 4 Code Enforcement Board Minutes May 24, 2005 Inspector Dunsford, having been sworn, stated in his opinion, the trees are a hazard. Two trees need to be removed and one tree needs to be trimmed or pruned. Vice-Chairman Godek asked if the two trees in question could be trimmed or Zoning Inspector Dunsford pruned instead of being removed. said in his professional opinion, the two trees in question have been threatened as to their stability and they show evidence they are damaged. Attorney Sneed stated that Mr. Fleming’s letter alleged that the trees would be “grandfathered in” prior to the adoption of Section 115-3 of the Code of Ordinances and Section 115-3 is a nuisance provision, and the trees would not be “grandfathered in” as Mr. Fleming claims. Member Hopper asked Zoning Inspector Dunsford if he was the arborist for the City and Mr. Dunsford said he was. Chairman Lenko announced that the trees in question would be the only issue discussed with Mr. Fleming, who was representing the respondents in Case No. 05- 021. Building Clerk RamosChairman Lenko swore in James Fleming. clarified with Mr. Fleming that the board would only discuss the trees in question. Representative James Fleming , having been sworn, presented exhibits and read the Violation Notice that was received in October 2004, stating there were four (4) damaged trees and two (2) dead trees on the property and they would need to be removed. He further stated the trees have been removed and he presented exhibits stating the exhibits were proof that the trees were removed. Mr. Fleming said it would cost $3,000 to have each tree removed and these trees are not public nuisance trees, they are private nuisance trees. According to Webster’s Dictionary, the trees must be defined as a private nuisance and the City Attorney Sneed Code does not address a private nuisance. reiterated to Mr. Fleming that nuisances are not private; the trees are considered a public safety issue regardless of the number of individuals that are threatened by the trees. Mr. Fleming stated he had five (5) arborists view the property and trees. Not one of the arborists said the trees were unsafe, they just said they were diseased and Chairman Lenko probably should be removed. asked Mr. Fleming if he had anything in writing from the five (5) arborists and he said the arborists would not put 5 Code Enforcement Board Minutes May 24, 2005 Chairman Lenko anything in writing. advised Mr. Fleming that the board did not want to hear what the five (5) arborists said regarding the trees because there are no Mr. Fleming documents to prove what was said. said the trees are non-conforming since they are 50 years older than Section 51-13, which was amended in 1999. Attorney Sneed reiterated to Mr. Fleming that there are not non-conforming issues with regard to public nuisances; trees that are now public nuisances may not have been public nuisances in 1999, 1950 or whenever. Non-conforming issues are typically things dealing with zonings, signs, setbacks, etc. Vice-Chairman Godek said the only issue the board was dealing with was the Mr. Fleming nuisance trees. said there would be a rude awakening for the City of Ocoee in the other court, where these trees were concerned. Mr. Fleming asked Zoning Inspector Dunsford when and in what direction the trees Zoning Inspector Dunsford in question would fall. said no one could determine Mr. Fleming when and where a tree is going to fall. asked for clarification that a tree Member Chancey is not a nuisance until it falls. said the City does not have to know if, when, and where trees would fall for them to be deemed a nuisance. Mr. Fleming said the Respondents in this case were not willing to spend $9,000 on the three (3) trees and the City is covering up past mistakes that will eventually come Chairman Lenko out. said she objected to that claim and the Code Enforcement Board Members do not represent the City of Ocoee; the board represents the citizens of Ocoee. Building Official Phelps asked Mr. Fleming if at approximately 3:10 a.m. on Mr. Fleming September 23, 2003, a tree trunk in his yard fell on an adjoining house. Mr. PhelpsMr. said it was 1:45 a.m. asked Mr. Fleming if he knew why the tree fell. Fleming said the tree was diseased and damaged by beetles and the tree landed on the neighbor’s home causing damage. Mr. Phelps said he was called to 509 Orange Avenue on September 23, 2003, because a tree fell on the house, and the tree was on the property to the north of 511 Orange Avenue. The weather was clear, with a light breeze and the tree was so damaged and diseased it could no longer support itself. The tree did approximately $15,000 in damages to the roof, roof trusses, ceiling, and other minor damages at 509 Orange Avenue. He furthered stated the City has concerns that a complaint had been received by an adjoining property owner and the representative for the respondents has stated numerous times that it would cost too much to have the trees 6 Code Enforcement Board Minutes May 24, 2005 removed. The representative for the Respondents has already notified the adjoining property owner that the Respondents have sufficient insurance coverage, if there Attorney Sneed would be damage to the property owner’s home. said proof of insurance is irrelevant to the issue before the board. Mr. Fleming asked Mr. Cook (adjoining property owner) who advised him that the Mr. Cook trees were hazardous and if he was a qualified arborist. said he is not a qualified arborist but he looked at the trees and could tell they are a danger to his Mr. Fleming property and he does not want his property damaged. asked Mr. Cook if he was aware that the Respondents have a $300,000 insurance policy coverage Mr. Cook for the property. said he received a copy of an insurance policy for the property located at 511 Orange Avenue. He is not sure if the policy covers the property in question, but even if the property were covered, he and his family would be put out, unless they were in bed and were killed by the tree(s). Mr. Fleming asked Mr. Cook if he was concerned about the trees before or after the Mr. Cook hurricanes. said he was concerned with the trees before the hurricanes and he had previously sent Ms. Hager a certified letter that was returned Mr. Fleming undelivered. asked Mr. Cook when the trees would fall on his house or Chairman Lenko his property. advised Mr. Fleming that the same question has already been asked and no one can determine when a tree would fall. Mr. Fleming asked Mr. Cook if he considered the trees a nuisance and if he would be willing to pay a portion of the costs to have the trees removed and/or trimmed. Mr. Cook said the trees were a nuisance and a hazard and he does not want to pay to have trees removed from someone else’s property. Mr. Fleming asked Mr. Cook who allowed him to move into his home without a Attorney Sneed Certificate of Occupancy? advised Mr. Fleming that his questions need to be relevant to whether the trees are a nuisance and hazardous. Member Godek, seconded by Member Henderson, moved in Case No. 05-021 to find the Respondents in violation of Section 115-3 as of December 13, 2004, but to give until June 27, 2005, to comply or impose fine of $100 per day thereafter. Motion carried 5-0. Building Official Phelps asked the board to make an additional motion to recover Attorney Sneed costs that were incurred with Case No. 05-021. said no evidence has been presented regarding the costs incurred by the City, but the board can make a motion stating the board would consider a motion regarding costs at a later date. 7 Code Enforcement Board Minutes May 24, 2005 Member Henderson, seconded by Member Hopper, moved to reserve the right to impose costs incurred by the City in Case No. 05-021 at a future date. Motion carried 4-1 with Member Chancey voting no. COMMENTS Building Official Phelps Said he wanted to personally thank each and every one – of you for your dedication to the Code Enforcement Board and he announced his retirement effective June 2. Attorney Sneed None – Code Enforcement Officer Siegrist – None Code Enforcement Officer Loeffler – None Permitting Clerk Ramos – None Chairman Lenko – Said Mr. Linebarier wanted to thank the Code Enforcement Board members and Staff for all of their time and effort given to the citizens of Ocoee. Member Chancey - None Member Godek – Said he hopes the City does something nice for Mr. Linebarier. Member Henderson – None Alternate Member Hopper – Said Chairman Lenko did a job well done. Deputy Clerk Brasher - None ADJOURNMENT Meeting adjourned at 8:45 p.m. Attest:APPROVED: ________________________________ _______________________ Brenda Brasher, Deputy City Clerk Denise Lenko, Chairman 8