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HomeMy WebLinkAbout10-25-2005 Minutes • MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING OCTOBER 25, 2005 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:05 p.m. in the Commission Chambers at City Hall. Member Donenfeld led the Invocation and Chairman Godek led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Amey, Chancey, Donenfeld, Hopper, and Alternate Member Morton. Also present were Building Official Jones, Code Enforcement Officers Braddy-Bagwell, Loeffler, and Rodriguez, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Aycock. ABSENT: Member Henderson, Alternate Members Lenko and Stanley, who were unexcused. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Braddy- • Bagwell, Loeffler, Rodriguez, and Siegrist, 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 Item A and B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, September 27, 2005. B. Dismissal or Compliance Case Number Respondent Location of Violation 1. 05-083 Denver Harper&Russell Harper 209 W. Silver Star Rd. 2. 05-087 Charles L. and Janice L. Bowling 710 Russell Drive 3. 05-089 JPS Investments Group Inc. City Wide 4. 05-090 Michael S. Harris 704 Crystal Drive 5. 05-091 Blanca Rangel 736 N. Lakewood Ave. 6. 05-094 Christopher J. &Crystal G. Hedum 1218 Russell Drive 7. 05-095 Lorna V. Gray 511 Apricot Drive 8. 05-100 Nana M. Reynolds Cox %2 Int. and Carla J. Healy%2 Int. 906 Wurst Road S Code Enforcement Board Minutes October 25,2005 S Member Hopper, seconded by Member Donenfeld, moved to approve the Consent Agenda as presented. Motion carried 6-0. Building Official Jones requested that cases numbered 05-096, 05-097, and 05-099 be continued until the next Code Enforcement Board meeting in November. Member Chancey, seconded by Member Donenfeld, moved to continue cases numbered 05- 096, 05-097, and 05-099 to November 22, 2005, Code Enforcement Board meeting, at the request of the City. Motion carried 6-0. 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 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. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Member Chancey, seconded by Member Hopper, moved to adjust the case order to hear cases numbered 05-098 and 05-102 before any others. Motion carried 6-0. Case No. 05-098—Mohammed H. Salah 1183 Coastal Circle Officer Braddy-Bagwell Violation Cited: 105.4;51-128 G(3) 09-15-05 NOCV Re-Inspection Date: 10-04-05 10-11-05 SOV 10-11-05 NOH Meeting Date: 10-25-05 10-13-05 POS Certified Mail Observation: Failure to complete final inspections on permit#0401781 for addition of windows and door. A re-inspection fee is due of$25.00 for failing framing inspection. Officer Braddy-Bagwell, having been sworn, gave a detailed history of the Case and stated the property was in non-compliance. • 2 Code Enforcement Board Minutes October 25,2005 Questions and Comments Regarding Case No. 05-098 Mr. Mohammed Salah, 1183 Coastal Circle, said the inspector gave him a lenient time frame but did not explain the severity of the problem or give him an exact deadline. Member Chancey asked if he was in compliance now. Mr. Salah stated he was not aware of the exact problem until tonight's meeting because nothing had been explained to him in such detail until now. Member Chancey asked if Mr. Salah's permit was still applicable at this time. Officer Braddy-Bagwell said permits are only valid for six months and it has been almost a year; however, extensions may be requested to the Building Official. Building Official Jones offered the opportunity to Mr. Salah to request an extension in writing to him and he would work with him on that. Mr. Salah requested a thirty(30) day extension to bring the property into compliance. Member Chancey, seconded by Member Hopper, moved in Case No. 05-098 to find the Respondent in violation of Section 105.4 and 51-128 G (3) as of September 26, 2005, but to give until December 23, 2005, to comply or be assessed a fine of$50 per day. Motion carried 6-0. Case No. 05-102—Groundtek of Central Florida Inc. • 862 Maguire Road Officer Loeffler Violation Cited: 51-13 08-31-05 NOCV Re-Inspection Date: 10-19-05 10-20-05 SOV 10-20-05 NOH Meeting Date: 10-25-05 10-20-05 POS Hand Delivery Observation: August 30,2005,Officer Loeffler observed the in-progress construction of a large metal frame and canopy structure without required permits,plans,approval and inspections. Stop-work notice posted. Notes: August 12, 2005; a meeting between Mr. George Bori, the City Planning Department and Code Officer Loeffler was held. Mr. Bori requested the meeting to display a drawing of a large frame canopy structure he desired at his business. Mr. Bori was advised that it would require a permit, which could only be applied for subsequent to a submitted, reviewed, and approved site-plan. If an approved site-plan were in place, then a permit for any structure or alterations desired at the location could be applied for and would be required to conform with all City Ordinances,City Codes,and the Florida Building Code prior to issuing. Officer Loeffler, having been sworn, presented exhibits B, C, D, and E, and gave a detailed history of the Case and stated the property was in non-compliance. Questions and Comments Regarding Case No. 05-102 Alternate Member Morton asked if a permit has been applied for and Officer Loeffler explained it has not because a site-plan must be received and approved before a permit can be applied for. • 3 Code Enforcement Board Minutes October 25,2005 • Mr. George Bori, 862 Maguire Road, stated he purchased the property in 1981 and the actual address of the structure is 860 Maguire Road. He said he has installed eight(8)vinyl shelters, approved by the City, since that time and was not aware that the City Code had changed prohibiting vinyl structures. Mr. Bori explained that his neighbor, Exotic Car Transport, told him in April that they would be abandoning their business of car hauler repair and offered it to Mr. Bori. Mr. Bori said he had that business in the past and had terminated it due to site constraints and the large trucks taking up too much space. Since he has regained the adjacent property he planned to resume the business of car hauler repair; however, he did not have enough shelter to handle the work and time was of the essence so he began building prior to applying for the permit. Mr.Bori said he has been working with the Planning Department staff and has two engineers (one for the structure and one for the site work) that are redoing the plans and remodeling the structure to attach it to the building as required. Mr. Bori added that he has cooperated with the City and has even added beautiful landscaping along the entrance way to the property. He believes the Planning Department does not want anything built there, but hopes they will approve his plans so that he can get on with his business because he has already lost work because of the delay. • Member Donenfeld asked Officer Loeffler to explain to him exactly what is going on with the situation. Officer Loeffler said he has attended several of the Planning meetings and does not feel like they object to a structure being built; however, the structure must follow the necessary requirements and that is what they are waiting for. Member Donenfeld asked if Mr. Bori was making good faith efforts to comply. Officer Loeffler said he has attended a lot of meetings, and staff writes all their comments on the site plan each time it is returned to him unapproved so he is well aware of what he needs. Mr. Bori showed pictures of all his vinyl shelters and the frame for the new structure in subject. He said his intention is to have a good looking site because his competitor has moved right across the street and his site must look the best. Member Hopper said he understands that and thinks it is great; however, inquired if Mr. Bori was aware that he needed a permit before erecting any structures. Mr. Bori said he was aware that he needed a permit,but the situation was under a lot of pressure for time because he needed to take over the other business as soon as possible. He admitted to jumping ahead on building the structure,but honestly thought that pulling the permit would be fast and easy and had intended on doing so. Officer Loeffler stated, on Mr. Bori's defense,that the Respondent brought the drawing into the Planning Department himself without them having to ask. Alternate Member Morton expressed his concern with trying to set a date for compliance when the board has no clue as to how long it would take him to get a permit, since that should • 4 Code Enforcement Board Minutes October 25,2005 S have been his first step. Officer Loeffler interjected that the structure is highly visible to, not only traffic passing by,but also to other cases that have previously come before the board and have complied with their site plan requirements. Attorney Sneed said the board had to set a reasonable date, even if the site plan review process requests an extension of that date. Officer Loeffler added that this structure was quickly erected and can,just as easily, be dismantled until a permit is obtained. Member Amey, seconded by Member Hopper, moved in Case No. 05-102 to find the Respondent in violation of Section 51-13 as of September 11, 2005, and be given until November 22, 2005, to come into compliance or be fined$100 per day thereafter. Member Chancey said he felt that November would not give him enough time to come into compliance because the Planning Department does not usually process things that quickly. Mr. Bori agreed and said the Planning Department told him it would take 30 days for the initial site plan review and another 30 days after the building plans are submitted. Member Chancey, seconded by Member Donenfeld, amended the motion to make the compliance date December 23, 2005. Motion carried 6-0. • Member Chancey, seconded by Member Donenfeld, moved in Case No. 05-102 to find the Respondent in violation of Section 51-13 as of September 11, 2005, and be given until December 23, 2005, to come into compliance or be fined$100 per day thereafter. Motion carried 6-0. Case No. 05-093—Virginia P. Lewin TR and Katie Willet 2005 Adair Street Officer Rodriguez Violation Cited: 115-5; 165-3 A 09-14-05 NOCV Re-Inspection Date:09-23-05 10-05-05 SOV 10-05-05 NOH Meeting Date: 10-25-05 10-06-05 POS Certified Mail Observation:Tall weeds/grass front and/or backyard of property.Untagged/Expired Tag,Inoperable Vehicle. Officer Rodriguez, having been sworn in, gave a detailed history of the case and stated the Respondent was in compliance as of October 25, 2005. Chairman Godek inquired if the Respondent had until September 22, 2005,to be in compliance. Officer Rodriguez said he was correct. S 5 Code Enforcement Board Minutes October 25,2005 • Alternate Member Morton, seconded by Member Amev, moved to find the Respondent, Katie Willet, in violation of Section 115-5 and 165-3 A as of September 22, 2005, but to be in compliance as of October 25, 2005, and no fine be assessed. Motion carried 6-0. Case No. 05-101 —David Young and Patricia Young 475 Meadow Street Officer Braddy-Bagwell Violation Cited: 51-13 08-09-05 NOCV Re-Inspection Date: 10-05-05 10-13-05 SOV 10-13-05 NOH Meeting Date: 10-25-05 10-13-05 POS Certified Mail Observation:Failure to obtain a permit for a shed in rear yard. The addition application has been in the Building Department Office with comments on the plans needing to be changed. Comments sent by fax on 12- 29-04,then by mail on 12-29-04. The structure was erected without a permit first obtained. Officer Braddy-Bagwell, having been sworn, gave a detailed history of the case and stated the Respondent in is non-compliance. Member Hopper, seconded by Member Donenfeld, moved in Case No. 05-101 to find the Respondent in violation of Section 51-13 as of August 19, 2005, and to be in compliance by November 21, 2005, or be fined$50 per day thereafter. Motion carried 6-0. • Questions and Comments Regarding Case No. 05-101 Alternate Member Morton asked if the shed would be in compliance once a permit was obtained and Officer Braddy-Bagwell said it would be up to the Building Official since no inspections have been performed. OTHER BUSINESS Member Hopper, seconded by Member Chancey, moved to hear Cases numbered 01-045 and 02-052, requesting a reduction offine. Motion carried 6-0. Member Donenfeld, seconded by Member Amev, moved to hear Cases numbered 01-045 and 02-052 together. Motion carried 6-0. Case No. 01-045—Denise A. Carr 826 Satin Leaf Circle Officer Siegrist Violation Cited: 165-3 08-08-01 NOCV Re-Inspection Date:08-28-01 09-11-01 SOV 09-11-01 NOH Meeting Date:09-25-01 09-11-01 POS Certified Mail 09-17-01 POS Hand Delivery 09-25-01 CO Given Until 10-2-01 or$100.00 a Day • 6 Code Enforcement Board Minutes October 25,2005 • 10-03-01 AONC 10-23-01 OIF/L $100.00 a Day as of 10-03-01 06-11-02 AOC Total Due$25,100.00 10-07-05 RFR Observation:One Camaro,brown with no tag in driveway;right rear tire almost flat. Case No. 02-052—Denise A. Carr 826 Satin Leaf Circle Officer Siegrist Violation Cited: 165-3 10-09-02 NOCV Re-Inspection Date: 10-07-02 10-09-02 SOV 10-09-02 NOH Meeting Date: 10-22-02 10-10-02 POS Certified Mail 10-10-02 POS Posting 10-22-02 CO $150.00 per Day as of 10-07-02 10-22-02 OIF/L Repeat Violator 10-25-02 AOC Total Due$2700 10-07-02 Thru 10-25-02 10-07-05 RFR Observation:One International truck,white,FL tag#GL172D exp.December 2000,parked in front driveway. Officer Siegrist, having been sworn, stated Case No. 01-045 was in non-compliance as of • August 28, 2001, until June 11, 2002; Case No. 02-052 was in violation as of October 7, 2002, until October 25, 2002. Questions and Comments Regarding Case No. 01-045 and Case No. 02-052 Denise Carr, 826 Satin Leaf Circle, asked the Code Enforcement Board to reduce the fine on Case No. 01-045 regarding the camaro. She said that she wrote a letter explaining the situation that caused her to be fined and she has no problem paying a fine,just cannot afford $25,100. Ms. Carr stated that Case No. 02-052 was due to a truck she was using for storage when her house burned down and she had a generator underneath it. She said the City towed that truck after so many days and cannot understand why they could not tow the camaro as well. Officer Siegrist responded by stating the truck was parked in the right of way blocking the sidewalk and the camaro was not, that is why the City towed the truck. Chairman Godek asked if she was requesting a reduction in both cases. Ms. Carr said she only requested a reduction in Case No. 01-045, saying she has no problem covering the fines regarding the truck. Ms. Carr said the camaro was not a junk vehicle and was registered; however, it was her son's vehicle and he was in jail so they were unable to sell it. Member Chancey inquired as to what amount she would like the fine to be reduced. Ms. Carr expressed that $25 per day for each day in violation would seem fair to her; however, she did not even own a vehicle • 7 Code Enforcement Board Minutes October 25,2005 • worth $25,000. She stated she made continuous efforts to have a tow company pick up the vehicle and take it to the junk yard, but no company would do that. Discussion of the board was to combine the fines of both cases into one lump sum. Attorney Sneed clarified to the board that both cases are liens and only a recommendation could be made to the City Commission anyway. She suggested the cases be fined separately whereas one case could be dropped to zero and the other fined the amount, or split the amount between the two, etc. Member Amey asked what cost the City had incurred from the two cases and Officer Siegrist said approximately $1,300. Officer Siegrist said currently Case No. 01-045 was being fined $25,100, and Case No. 02-052 was $2,700. The board inquired if the house had been burnt down or was it still standing. Ms. Carr said the house had been rebuilt since the fire and she does live at that residence. Member Donenfeld, seconded by Member Amev, moved in Case No. 01-045 to recommend City Commission reduces the fine from $25,100 to $650. Member Donenfeld, seconded by Member Amev, to amend the motion to include that payment be made by December 1, 2005, or revert back to the original fine. • Alternate Member Morton suggested the board recommended reducing the fine by too much. Member Chancey said that the amount was made substantially less than what she even asked for, which was $6700. Member Donenfeld said the holidays were coming and Member Amey said she was in compliance and has been through some tough times. Member Donenfeld, seconded by Member Amy, moved in Case No. 01-045 to recommend City Commission reduces the fine from $25,100 to $650, if paid by December 1, 2005, or the fine reverts back to the original amount. Motion failed 3-3, with Members Chancey, Godek, and Morton voting no. Alternate Member Morton, seconded by Member Chancey, moved in Case No. 01-045 to recommend City Commission reduces the fine from $25,100 to 10% or $2,510 if paid by December 1, 2005, or the fine is reverted back to the original amount. Motion carried 6-0. Alternate Member Morton, seconded by Member Donenfeld, moved in Case No. 02-052 to recommend City Commission rescinds the fine. Motion carried 6-0. Attorney Sneed asked the Respondent to attend the City Commission meeting of which this recommendation will be heard. • 8 Code Enforcement Board Minutes October 25,2005 • Case No. 05-072—Karen Barton and Emerson C. Mooney 1512 Maureen Ave. Officer Rodriguez Violation Cited: 51-13 05-17-05 NOCV Re-Inspection Date:08-01-05 08-08-05 SOV 08-08-05 NOH Meeting Date:08-23-05 08-08-05 POS Certified Mail 08-09-05 POS Regular Mail 08-09-05 POS Posting 08-23-05 CO Given Until 10-24-05 or Pay$25.00 per Day Observation: Construction without required permits,plans,approval and inspections:Room addition. Officer Rodriguez, having been sworn, gave a detailed history of the Case and stated the property was in non-compliance. Questions and Comments Regarding Case No. 05-072 Karen Barton, 1512 Maureen Avenue, said that her mother was diagnosed with cancer in May and moved in with her family. Then her mother passed away in September and she had a lot of arrangements to make. Unfortunately, due to her personal distractions she failed to complete the permit application and asked for a 60 day extension. • Alternate Member Morton inquired if a permit has been applied for on this project. Officer Rodriguez said no. Member Hopper asked to what extent the construction has started at this property. Officer Rodriguez said a stop work order had been done on May 17, 2005, and she has not had any communication with the Respondent since August 1, 2005, but the frame is the only existing construction. Alternate Member Morton asked if it would be wise to delay the accrual of the $25 per day. Attorney Sneed said that moving to extend the compliance day would satisfy that. Member Chancey, seconded by Member Donenfeld, moved in Case No. 05-072 to find the Respondent in violation of Section 51-13 and to extend the compliance date to December 22, 2005. Motion carried 6-0. Case No. 05-081 —Katherine H.Von Schmidt and Georg Tana Paul 294 Sabinal Street Officer Rodriguez Violation Cited: 51-13 07-14-05 NOCV Re-Inspection Date: 08-09-05 08-11-05 SOV 08-11-05 NOH Meeting Date:08-23-05 08-12-05 POS Certified Mail 08-23-05 CO Given Until 10-21-05 or Pay$25.00 per Day • 9 Code Enforcement Board Minutes October 25,2005 • Observation: (1)Fence with out a required permits,plans,approval and inspections. (2)Storage PODS on driveway. Officer Rodriguez, having been sworn, gave a history of the case and stated the property was in compliance and the Respondent has failed to contact her. Questions and Comments Regarding Case No. 05-081 Chairman Godek asked if the PODS were still on the property and Officer Rodriguez said they were removed and the situation of the fence still remains. Member Hopper, seconded by Member Amev, moved in Case No. 05-081 to impose a fine of $25 per day as of October 22, 2005. Motion carried 6-0. Attorney Sneed stated that Member Henderson has had his second consecutive unexcused absence from the Code Enforcement Board meetings and,pursuant to section 162.05 (3)e of the Florida Statutes, his position should be declared vacant. Member Chancey, seconded by Member Amev, moved to declare the position of Member Henderson to be vacant pursuant to Florida Statute 162.05 (3)e due to excessive unexcused absences. Motion carried 5-1, with Member Hopper voting no. • COMMENTS Alternate Member Morton thanked Carmen for the shirt he received. Member Hopper said he will miss Member Donenfeld when he leaves and thanked all of the Code Enforcement Board members for their hard work. Member Chancey wished Member Donenfeld the best of luck. Member Donenfeld said it was a pleasure serving on the board and he is moving to Lake Nona tomorrow therefore has to resign from the Code Enforcement Board. He added that he recently visited Holland to see his son. Chairman Godek thanked Member Donenfeld for serving on the board. ADJOURNMENT Meeting adjourned at 8:30 p.m. Attest: APPR►, D: w!//larAMP:A. Holly Ay ock, dm Administrative Assistant III R. ert G i dek, Chairman • 10