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HomeMy WebLinkAbout04-24-2007 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING APRIL 24, 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 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 M. Godek, Hopper, Morton, Stanley, Alternate Member Lowery, and Alternate Member Ahmad. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley, Permitting Clerk Everett, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Member Ballard was absent excused. GUESTS: John Hamilton, Attorney with Foley & Lardner Permitting Clerk Everett administered the oath to Code Enforcement Officer Loeffler, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley and anyone intending to speak regarding a case. John Hamilton, Attorney with Foley & Lardner, briefed the Code Enforcement Board Members on the Colony Plaza and a Special Hearing that will need to take place in the fall. He stated the board may want to consider looking for a special date to set aside for this meeting as well as a location that would accommodate a large crowd. After a brief discussion it was decided that the board members would check their schedules and a discussion regarding a date and place could be put on the May agenda. 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, Band C. *Note: Consent Agenda was amended. A. B. Minutes of the March 27, 2007, Code Enforcement Board Meeting Dismissal or Compliance. (Case Numbers 07-038, 07-044, and 07-045 transferred to Consent). were Code Enforcement Board Minutes April 24, 2007 Case Number 1. 07-015 2. 07-033 3. 07-036 4. 07-038 5. 07-042 6.07-044 7.07-045 Respondent Janette Lynn Fitness & Good Home Plaza Norma & Armando Fragale Daxcomm, LLC and JRW Inv. Prop, Inc. Carmelo Alveraz Ibarra Omar Clinton M. & May V. Bain Patricia Annette Bain Location of Violation 8987 W. Colonial Dr. 612 N. Lakewood Ave. 885 Sedalia Street 715 Crystal Drive 901 Hawaii Drive 2518 Dovetail Drive 2516 Dovetail Drive C. Order of Continuance (May 22, 2007, Meeting). (Case Numbers 07-040 and 07- 046 were transferred to Consent). Case Number Respondent 1. 07-037 Cathy A Vied 2. 07-040 Ranna Zaflow 3.07-043 Cortez Inc, & Edwin L. & Donna Cortez 4.07-046 Merlinda C. Taylor Location of Violation 1110 Caballero Road 122 Bismark Court 700 LF Roper Pkwy 857 Veronica Circle Member Morton. seconded bv Member M. Godek. moved to approve the Consent Azenda with the amendments presented bv Staff. Motion carried unanimouslv. Vice Chair Chancev. seconded bv Member HODDer. moved to have the followinz cases heard first 07-039 and 01-004. 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, 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. Page 2 of8 Code Enforcement Board Minutes April 24, 2007 HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 07-039 - Shiela C. Myers, Christilyn Levarity and Margarita Roddy 1707 Leslie Ann Lane Officer Rodriguez Violation Cited: 115-3; 108-23Q 02-08-07 NOCV Re-Inspection Date: 04-03-07 04-05-07 SOV 04-05-07 NOH Meeting Date: 04-24-07 04-05-07 POS Certified Mail Observation: Miscellaneous junk/debris such as furniture, glass, oil containers, wood panels on front and backyard property and pile of dirt on driveway. Officer Rodriguez gave a detailed history of the case and provided exhibits. She further announced that as of April 24, 2007, the respondent is still in non-compliance of 115-3. Christilyn Levarity, 2519 l.R. Street, Orlando FL, stated that the property at 1707 Leslie Ann Lane belongs to her mother who has lived at that residence since 1982. She further stated in November of 2005 her mother was diagnosed with Alzheimer's and required a caretaker to live in the home with her. The caretaker is the person creating the violations on the property. Ms. Levarity stated when she received the first notice she hired a trash removal service to do some work on the property; however, when she returned several weeks later the property again had trash and debris in the backyard. She explained to the board that she is trying really hard to correct the violations and she is now working with an attorney to get legal guardianship of her mother so that they can remove her from the home and evict the caretaker from the property. Ms. Levarity stated she is coming before the board to ask for more time to correct the violations. Member Morton inquired as to where the debris came from. Ms. Levarity stated the dirt that was in the yard was supposed to be used to level the yard; however it was not done. Chairman Godek inquired as to how much time Ms. Levarity thought she would need to get the property into compliance. Ms. Levairty stated she would like to have at least another month. Member Morton, seconded by Member Hopper. moved in Case No.07-039 to find the reslJondent in violation of 115-3 as cited and be given until Mav 21. 2007. to come into comlJliance and no fine be assessed at this time. V ote is taken on amendment: Member Stan lev, seconded by Vice Chair Chancev. moved to amend the first motion and zive the reslJondent until May 21. 2007. to come into compliance or be fined $100/a day thereafter. Motion carried 5-2 with Members Morton and HOlJlJer olJlJosing. Page 3 of8 Code Enforcement Board Minutes April 24, 2007 V ote is taken on original motion with amendments: Member Morton. seconded bv Member Hopper. moved in Case No.07-039 to find the resTJondent in violation of 115-3 as cited and be given until Mav 21. 2007. to come into compliance or be fined $100/a day thereafter. Motion carried 5-2 with Members Morton and Hopper opTJosing. Case No. 01-004 - Ricky L. Moore & Sharon R. Moore 578 W. Silver Star Road Officer Loeffler Violation Cited: 108-35; 115-3 02-01-01 NOCV 04-04-01 SOY 04-04-01 NOH 04-05-01 POS 04-24-01 09-24-01 01-30-02 04-18-07 Re-Inspection Date: 04-04-01 Meeting Date: 04-24-01 Certified Mail Demolition Order AC Observation: accessory shed. Condemned Notice of Claim of Lien for Demolition $3,300.00 Request for RehearinglReduction of Fine: Total due Including Interest as of 04-16-07 $6,604.16 building/public nuisance; trash and debris littering property, and dilapidated Member M. Godek. seconded bv Alternate Member Lowerv. moved to re-hear Case No. 01- 004 for Request of Reduction of Fine. Motion carried 6-1 with Member Morton oTJTJosing. Officer Loeffler gave a brief history of case and stated the property did come into compliance on September 24,2001. The current fine is $6,617.20. Robert Watson, P.O. Box 1486, Windermere, FL, stated that owns property at 562 W. Silver Star Extension. He purchased the property at 578 W. Silver Star Road last week and was unaware of an action being in place for this property. He further stated that purchasing the property at 578 W. Silver Star Road he was able to square off his property at 562 W. Silver Star Road. Mr. Watson stated he is coming before the board to ask if they interest could be waived and if he could pay the initial lien amount. A brief discussion ensued regarding the property and lien amount. Vice Chair Chancev. seconded bv Member Hopper. moved in Case No. 01-004 to recommend to Citv Commission to reduce fine to $3300 and interest be waived ifpaid within 30 days of Commission decision. Motion carried unanimously. Page 4 of8 Code Enforcement Board Minutes April 24, 2007 Case No. 07-019F- Boca Book Binding, Walter Hahn and Georgina Theresa Hahn 2712 Rew Circle Division Chief Stanley Violation Cited: 14.14.1.5; 11.1.2 02-23-07 NOCV Re-Inspection Date: 02-28-07 03-28-07 SOY 03-28-07 NOH Meeting Date: 04-24-07 03-29-07 POS Certified Mail 04-18-07 POS Hand Delivered Observation: Exit light not working; Electrical outlet cover missing. Division Chief Stanley gave a detailed history of case and provided exhibits. He further stated on February 28,2007, the property was re-inspected and found to be in non-compliance; however, at present the property is in compliance and they are recommending a cost recovery for administrative time of$78.04. Member M. Godek, seconded bv Alternate Member Lowerv. moved in Case No.07-019F to find the respondent in violation as cited as of Februarv 28. 2007. and in comoliance as of March 7. 2007. and administrative fees of$78.04 be assessed. Motion carried unanimouslv. Case No. 07-020F - Guanajuato Grill, Story Road Investments and J. Jesus Nieto 354 Story Road Division Chief Stanley Violation Cited: NFPA 101 LSC 7.9 03-08-07 NOCV Re-Inspection Date: 03-13-07 03-28-07 SOY 03-28-07 NOH Meeting Date: 04-24-07 03-29-07 POS Certified Mail 04-18-07 POS Hand Delivery Observation: Emergency lights not working. Division Chief Stanley gave a brief history of case and provided exhibits. He further stated on March 13, 2007, the property was re-inspected and found to be in non-compliance; however, at present the property is in compliance and they are recommending a cost recovery for administrative time of $87.54. Member Morton, seconded bv Member M. Godek. moved in Case No.07-020F to find the resoondent in violation as cited as of March 13. 2007. and in compliance as of March 20. 2007. and administrative fees of $87.54 be assessed. Motion carried unanimouslv. Page 5 of8 Code Enforcement Board Minutes April 24, 2007 Case No. 07-041 - Jenna L. Giuliano 2348 Holly Ridge Drive Officer Loeffler Violation Cited: 115-6; 115-3; 108-35 04-04-07 NOCV Re-Inspection Date: 04-14-07 04-10-07 SOY 04-10-07 NOH Meeting Date: 04-24-07 04-10-07 POS Certified Mail 04-10-07 POS Regular Mail 04-10-07 POS Unsuccessful Hand Delivery Observation: Citizen generated e-better compliant: Vacant structure with unsanitary/green water in-ground swimming pool. Observed un-secured open access to in-ground swimming pool. Pool water green and unsanitary. Pool accessible via missing, ripped enclosure screens and 2 unlocked enclosure doors. Structure unsecured. Evidence of open-window egress via pool-side window. All windows unsecured. Evidence of unauthorized water use discovered and water department dispatched to lock meter. Officer Loeffler gave a detailed history of the case and provided exhibits. He further announced that as of April 24, 2007, the respondent is still in non-compliance. Officer Loeffler stated due to this property being a safety hazard and the neighbors being upset as a courtesy he put up yellow caution tape around the outside of the missing screen area and doors. He further stated the City is looking for action to at least have the area secure to prevent any access into the pool area along with any other action the board may want to take regarding the green swimming pool. Attorney Sneed informed the board that since the notice of violation did go into immediate threat of health and safety welfare the board can authorize the City to secure the property and then lien the property for the amount it cost to secure it, if they so wish. Vice Chair Chancev. seconded bv Member Morton. moved in Case No.07-041 to find the respondent in violation as cited as of April 14. 2007. and be given until April 25. 2007. to come into compliance or be fined $250/ a dav thereafter per violation. to have City secure the property and have Otv secure a lien to recover their cost. Motion carried unanimous Iv. OTHER BUSINESS Case No. 07-018 - Bank Investments 670 Kissimmee Avenue Violation Cited: FFPC 11.1.5 02-16-07 NOCV 02-28-07 SOY 02-28-07 NOH POS CO ANC Extension cords being used in place of permanent wiring. Division Chief Stanley Re-Inspection Date: 02-15-07 03-27-07 04-04-07 Observation: Meeting Date: 03-27-07 Certified Mail Given until April3rd to comply or be fined $100/a day thereafter Division Chief Stanley stated as of April 24, 2007, the property is still in non-compliance. Page 6 of8 Code Enforcement Board Minutes April 24, 2007 Member Morton. seconded bv Member HODDer. moved in Case No. 07-018 to imoose a fine of $100/ a dav as of April 3. 2007. Motion carried unanimouslv. Case No. 07-035- MC, LLC and Casablanca Coffee, ffea, and Wine House, Inc. 2795 Old Winter Garden Road Officer Loeffler Violation Cited: LDC 5-1 E (l)(a); 174-14 C; 51-13; LD~ 8-6 AQ) 02-28-07 NOCV Re-Inspection Date: 03-20-07 03-20-07 SOV 03-20-07 NOH Meeting Date: 03-27-07 03-21-07 POS Hand Delivery 03-27-07 CO Given until 4-23-07 or pay $100/ a day 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 stated the property is in compliance. COMMENTS Code Enforcement Officer Loeffler presented the activity synopsis for March 2007: MARCH 2007 Minimum Housing Standard Inspections Pre -existing Housing Stock = 67 (2006 = 70) Occupational License Inspections = 11 (2006 = 12) E-Better Place Complaint Investigations = 15 (2006 = 10) Complaint & Nuisance Investigations = 86 (2006 = 77) Nuisance Signs/Street-Spam Removed = 180 (2006 = 164) Code Enforcement Officer Loeffler announced that there are new signs going up around town for ocoeesingles.com and is asking for anyone that may have information on the signs or has seen someone put them up to please contact the Code Enforcement Department. Attorney Sneed briefly announced that she has put together a memo on conflict and will be bringing it in next month to pass around. She also reminded the board members that they should not be discussing any cases amongst themselves and off the microphones during the case presentation. Member Hopper thanked the Fire Department and Code Enforcement Officers. He also encouraged the citizens to use the e-better place website. Page 7 of8 Code Enforcement Board Minutes April 24, 2007 Chairman Godek announced that there is another workshop coming up for the board members to attend and he would like for everyone to think about trying to go and next month he will get with the members to discuss who will be attending. ADJOURNMENT Meeting adjourned at 8:14 p.m. ~ APPRO~ Robert Godek, Chairman ......-" Page 8 of8