Loading...
HomeMy WebLinkAbout03-27-2007 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING March 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 Morton led 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 (arrived at 7:03 p.m.) and Alternate Member Lowery. Also present were Building Official Jones, Code Enforcement Supervisor Loeffler, Code Enforcement Officer Ramos, Permitting Clerk Everett, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: None Code Enforcement Officer Ramos administered the oath to Building Official Jones, Code Enforcement Officer Loeffler, and anyone intending to speak regarding a case. 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 Items A, B and C. *Note: Consent Agenda was amended. A. B. Minutes of the February 27,2007, Code Enforcement Board Meeting Dismissal or Compliance. (Case Numbers 07-009, 07-027, 07-028, 030, 07-031 and 07-034 were transferred to Consent). Case Number Respondent 1. 07-003 ALO! Wireless Inc. 2.07-009 Luis & Aida Perez 3.07-014 Metro Unlimited Inc. 4.07-026 Barbara J. Myers 5.07-027 David L. Linzey & Linda Linzey 6.07-028 Gary Hausbeck 7.07-029 Lawrence C & Jan M. Morris 8.07-030 Luis A. Barajas & Yolanda M. Flores 9. 07-031 Ian C. Davis 07-029, 07- Location of Violation 8983 W. Colonial Dr. 729 N. Lakewood Ave. 211 N. Clarke Road 1001 Ursula Street 1604 Adair Street 1978 Applegate Drive 500 Shumard Oaks Ct. 2040 Hedgerow Cir. 902 Jamela Drive Code Enforcement Board Minutes March 27, 2007 10. 07-032 11. 07-034 Cyril A. Carty & Artuto Tatavitto Rosemary M. Watters 1416 Prairie Lake Blvd. 409 Caballero Rd. C. Order of Continuance (April 24, 2007, Meeting). transferred to Consent). Case Number Respondent 1. 07-033 Norma & Armando Fragale 2.07-015 Janette Lynn Fitness & Good Home Plaza (Case Number 07-015 was Location of Violation 612 N. Lakewood Ave. 8987 W. Colonial Dr. Member Stan lev. seconded bv Member Ballard, moved to approve the Consent AJ!enda with the amendments presented bv Staff. Motion carried unanimouslv. Vice Chair Chancev. seconded bv Member Morton, moved to have the followinJ! cases heard first 07-016, 07-017, and 07-035. Motion carried unanimouslv. 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 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 FINElLIEN, 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. 07-016 - First Choice Chinese Restaurant 1567 E. Silver Star Road Violation Cited: NFPA 14.14.1.5 02-22-07 NOCV Re-Inspection Date: 03-20-07 02-28-07 SOY 03-02-07 NOH 03-07 -07 POS Observation: Back exit light out. Division Chief Stanley Meeting Date: 03-27-07 Certified Mail Attorney Sneed briefly advised that as the board is aware or may not be aware of; one of the witnesses presenting the cases on behalf of the Fire Department is related to one of the board Page 2 of 8 Code Enforcement Board Minutes March 27, 2007 members. She further stated there is not a conflict of interest unless there is a financial gain or loss. She further advised Member Stanley she still has an obligation to make an impartial decision based on the testimony and evidence presented before them and if at some point she can not make a decision based on what was presented she should not vote or she can leave the room for that hearing. Division Fire Chief Stanley gave a detailed history of the case and provided exhibits. He further announced that on March 8, 2007, the respondent was found in compliance and staff is asking the board to impose fine of $56.00 to cover administrative costs. Attorney Sneed advised the board that they will not be imposing a fine but what the Statutes authorize is for the board to impose an administrative cost since the City is entitled to recover all cost if a case they are prosecuting before the board is successful. Member Hopper inquired if the exit light was just out or if the respondent did not have one up. Division Chief Stanley stated that the light was out. Cheng Fat Chiu, 1567 E. Silver Star Road, presented Division Chief Stanley with paperwork that showed the property was in compliance prior to February 27,2007, unfortunately there was a failure to communicate that to the Fire Department. Division Chief Stanley recommended to the board that they do not access any cost at this time. He further clarified to the board that the Fire Department did not go out on February 27, 2007, to re-inspect the violation but due to failure of communication from the respondent on notifying them they did find the respondent in non-compliance on February 2ih. Vice Chair Chancev. seconded bv Member HODDer. moved in Case No. 07-016 to dismiss the case at the reQuest of the City. Motion carried unanimously. Case No. 07-017 - Hair Masters 1688 E. Silver Star Road Division Chief Stanley Violation Cited: NFPA 110.12; NFPA 101 7.9 02-15-07 NOCV Re-Inspection Date: 02-20-07 02-23-07 SOY 02-23-07 NOH Meeting Date: 03-27-07 03-05-07 POS (7005 0390 0003 6304 3229) and Hand Delivery Observation: Knox box does not have proper key for entry; Provide/maintain proper emergency lighting. Division Chief Stanley gave a detailed history of case and provided exhibits. He further stated that on February 28, 2007, respondent was in compliance and staff is asking for the board to impose an administrative cost of $68.50. Several members inquired about the compliance date and the re-inspection date. Division Chief Stanley informed the board that they went out to re-inspect when they received a call Page 3 of8 Code Enforcement Board Minutes March 27, 2007 from the respondent. Attorney Sneed had Division Chief Stanley put an exhibit on the overhead that the board did not have in their packet. Member Stanley stated that the exhibit shows that their compliance date was February 20, 2007, and on February 22, 2007, the respondent was still in non-compliance. The respondent was not found to be in compliance until February 28th when they called for the re-inspection. George Ramos, 5305 Watermill Lane, Titusville, stated that from his knowledge the Manager thought the problem with the lighting was a battery issue and later found out it was the system that was not working properly. He further stated that is the only reason he can come up with on why they were late with meeting their compliance date since he is not at the salon on a regular basis. Member Morton. seconded bv Member M. Godek, moved in Case No.07-017 to find the respondent in violation as cited for NFPA 101 7.9 as of February 20,2007, and in compliance as of February 28, 2007, and impose an administrative cost of $68.50 with no other penalties. Motion carried unanimously. Case No. 07-035- MC, LLC and Casablanca Coffee, Tea, and Wine House, Inc. 2795 Old Winter Garden Road Officer Loeffler Violation Cited: LDC 5-1 E (1)(a); 174-14 C; 51-13; LDC 8-6 A(I) 02-28-07 NOCV Re-Inspection Date: 03-20-07 03-20-07 SOY 03-20-07 NOH Meeting Date: 03-27-07 03-21-07 POS Hand Delivery Observation: Outside dining area/use of land non-conforming to original approved plans. No additional permitting or approval for same. Installation and display of flags/pennants prohibited by local ordinance. Electrical work performed w/o permits for additional lighting prohibited by state law and local ordinance. Officer Loeffler gave a detailed history of case and provided exhibits. He further stated the property is in non-compliance as of March 27, 2007, with the exception of the flags (LDC 8-6 A (1)). Naipaul Seegolam and Sharda Seegolam, 2795 Old Winter Garden Road, stated that there are other businesses with the same "open" light sign in their window with the exception that his sign does not blink. He further stated towards the end of November and closer to December he met with Michael in the Planning Department in reference to the Landscaping Plans on the side of his building. He further stated he has four picnic tables in that small area. Mr. Seegolam stated when he met with Michael he was told as long as he did not disturb the landscaping package that was already permitted he would not be required to submit any permits. Chairman Godek inquired from the Officer if there would be any conflicts since Mr. Seegolam spoke with Planning. Officer Loeffler stated there would not be a conflict since the Notice of Code Violation specified to remove the outdoor dining facilities not only Page 4 of8 Code Enforcement Board Minutes March 27, 2007 for the code sited but because other businesses in Ocoee that have outdoor seating areas with permit and approval from the Planning Department have slabs that are for handicap access and the fencing required by the Department of Alcohol. He further stated there are a lot of things that go into having outdoor dining for a restaurant. Member Hopper inquired if people were actually dining outside. Mr. Seegolam stated it is a picnic area like those found in the park; there is no alcohol or food served outside. The area is for those customers who order their food and wish to go outside and eat or smoke. He further stated sometimes they have customers who bring their own lunch to eat in the picnic area. Member Hopper inquired if Mr. Seegolam was condoning outside dining. Mrs. Seegolam stated another reason for the tables is because people can sit outside and get free internet access since it is a service the restaurant has. Officer Loeffler pointed out to the board that in addition to the flag poles and the un-permitted light fixtures, there is also a speaker for a stereo system outside to broadcast music to the picnic area. A lengthy discussion ensued regarding the violations of the picnic tables and the outdoor lighting at the Casablanca Cafe. Attorney Sneed advised the board that even though there may be a mistaken fact by a City employee in this situation, the employee is not the City Commission and the only authority in the City with the power to amend the code is the City Commission with the exception of the Board of Adjustment or Planning and Zoning Board. She further stated with that being said a mistake-in-fact is something the board can take into consideration in considering fine amounts or length of time for compliance. Member Stanley inquired if he applied for a permit what would be a fair amount of time for the respondent to comply. Officer Loeffler stated the City is looking for compliance of everything being removed and not permit application. Planning Department would deal with the permitting of the tables and as for the lighting they are looking for the respondent to remove it or have a licensed contractor pull a permit. Sal Maiwandi, 2795 Old Winter Garden Road, stated he is the owner of the strip center. Member Hopper inquired if Mr. Maiwandi was going to fix the lights in violation. Mr. Maiwandi inquired as to what was the violation with the lights and after a brief discussion agreed that he would have them removed. Member Ballard. seconded by Member Morton, moved in Case No.07-035 to find the respondent in violation as cited with the exception of LDC 8-6 A (]) as of March 15. 2007, and be given until April 10. 2007. to come into compliance or be fined $50/a day thereafter. V ote is taken on amendment: Member Morton. seconded bv Vice Chair Chancev, moved to amend the first motion and give the respondent until April 23, 2007, to come into compliance or be fined $100/a dav thereafter. Motion carried 5-2 with Members Ballard and Stanley opposing. Page 5 of8 Code Enforcement Board Minutes March 27, 2007 Vote is taken on original motion with amendments: Member Ballard. seconded by Member Morton, moved in Case No.07-035 to find the respondent in violation as cited with the exception of LDC 8-6 A (]) as of March 15, 2007, and be given until April 23, 2007, to come into compliance or be fined $100/a day thereafter. Motion carries unanimously. Case No. 07-018 - Bank Investments 670 Kissimmee Avenue Division Chief Stanley Violation Cited: FFPC 11.1.5 02-16-07 NOCV Re-Inspection Date: 02-15-07 02-28-07 SOY 02-28-07 NOH Meeting Date: 03-27-07 POS Certified Mail Observation: Extension cords being used in place of permanent wiring. Division Chief Stanley gave a brief history of case and provided exhibits. He further stated that on March 27, 2007, the respondent is still in non-compliance. Division Chief Stanley made a recommendation for the board to consider giving the respondent 5 days to come into compliance. Member Morton. seconded by Member Stan lev, moved in Case No.07-018 to find the respondent in violation as cited as of February 21. 2007. and be given until April 3. 2007. to come into compliance or be fined $100/a dav thereafter. Motion carries unanimously. OTHER BUSINESS 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 SOY 01-30-07 NOH Meeting Date: 02-27-07 01-30-07 POS Certified Mail Observation: Tree branches on front of property. Officer Rodriquez Property is in compliance as of March 27, 2007. Officer Loeffler stated the City's recommendation is that due to the small amount of items that were in the yard and for this being a first offense that the board considers putting this in the repeat violator status in case it happens again. Vice Chair Chancev. seconded by Member Ballard, moved in Case No.07-008 to find the respondent in compliance as March 27, 2007. and no fine be assessed. Motion carried 6-1 with Member Hopper opposing. Page 6 of8 Code Enforcement Board Minutes March 27, 2007 COMMENTS Chairman Godek welcomed new Pemitting Clerk Everett and wished former Permitting Clerk Carmen Ramos luck in her new position as Code Enforcement Officer. Code Enforcement Officer Loeffler presented the activity synopsis for January and February 2007: JANUARY 2007 Minimum Housing Standard Inspections Pre -existing Housing Stock = 55 (2006 = 80) Occupational License Inspections = 14 (2006 = 11) E-Better Place Complaint Investigations = 8 (2006 = 10) Complaint & Nuisance Investigations = 89 (2006 = 74) Commercial Development/Property Calls = 27 Nuisance Signs/Street-Spam Removed = 122 (2006 = 107) FEBRUARY 2007 Minimum Housing Standard Inspections Pre -existing Housing Stock = 55 (2006 = 69) Occupational License Inspections = 12 (2006 = 15) E-Better Place Complaint Investigations = 14 (2006 = 15) Complaint & Nuisance Investigations (All Types) = 129 (2006 = 45) Commercial Development/Property Calls = 09 Nuisance Signs/Street-Spam Removed = 165 (2006 = 97) Division Chief Stanley thanked the Code Enforcement Board and Code Enforcement Department for being helpful and allowing their time to hear the cases he presented. Chairman Godek inquired as to how the Fire Department handled their cases in the past. Division Chief Stanley stated they would make numerous trips out to buildings in violation until the violations were corrected. Building Official Jones stated he was present tonight to see how things would work out with the Fire Department presenting their cases and he feels that everything worked out great. He further apologized for not making it to the Volunteer Dinner and will be looking forward to it next year. Member Hopper thanked the City for the good job they do. Page 7 of 8 Code Enforcement Board Minutes March 27, 2007 ADJOURNMENT Meeting adjourned at 8:25 p.m. .;t:i AJJJf Melanie Sibbit( Deputy City Clerk APPRO~~_ Robert Godek, Chairman Page 8 of8