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HomeMy WebLinkAbout02-28-2006 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 28, 2006 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:04 p.m. in the Commission Chambers at City Hall. Member Hopper 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, Vice-Chairman Chancey, Members M. Godek, Hopper, Morton, and Alternate Members Ballard and Lenko (arrived 7:14 p.m.). Also present were Building Official Jones, Code Enforcement Officers Braddy- Bagwell, Loeffler, and Rodriguez, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Member Amey was unexcused and Member Stanley was excused. 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 Items A, B, and C. A. Minutes of the January 24, 2006, Code Enforcement Board Meeting B. Dismissal or Compliance Case Number Respondent Location of Violation 1. 06-007 Aletha W. Blackmon 5119 Timber Ridge 2. 06-010 Susan Valenti 5026 Lighterwood Ct 3. 06-012 Rayburn L. &Connie M. 616 Melva Avenue & Joshua F. Ross 4. 06-014 Genero Mendoza 893 Kimball Drive 5. 06-004 Darryl A. Ammons 1402 Carriage Oak Ct and Yvette Ammons 6. 06-019 Cortez Inc. 700 L F Roper Pkwy Code Enforcement Board Minutes February 28,2006 C. Order of Continuance (March 28, 2006, Meeting) Case Number Respondent Location of Violation 1. 06-009 Reginald D. Baker Jr. 1984 Applegate Drive 2. 06-015 Innovative Financial Services, Inc. City Wide 3. 06-018 JPS Investments Group, Inc. City Wide Member Hopper, seconded by Member Morton, moved to approve the Consent Agenda as presented with the amendments suggested by Staff Motion carried unanimously. 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. vow HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 06-017—Clay T. Silkiner 122 Bismark Court Officer Rodriguez Violation Cited: 115-5 01-27-06 NOCV Re-Inspection Date: 02-07-06 02-09-06 SOV 02-09-06 NOH Meeting Date:02-28-06 02-09-06 POS Certified Mail 02-22-06 POS Hand Delivery Observation: Excessive/Tall Grass and Weed Growth Officer Rodriguez, having been sworn, gave a detailed history of the Case and stated the property was in compliance as of February 22, 2006. Questions and Comments Regarding Case No. 06-017 Clay T. Silkiner, 122 Bismark Court, asked the board to explain what it means to be in compliance. Attorney Sneed advised Mr. Silkiner that the City had found him in violation, law Page 2 of 7 Code Enforcement Board Minutes February 28,2006 but since he has corrected the violation no fine will be assessed; however, should he violate the same provisions in the next five years he can be found to be a repeat violator and can be fined up to $500 per day from the day the officer notes the repeat violation. Vice Chair Chancey, seconded by Member Hopper, moved in Case No. 06-017 to find the Respondent in violation of 115-5 as cited as of February 01, 2006, and be found in compliance as of February 22, 2006, and no fine be assessed. Motion carried unanimously. Case No. 06-020 -Perfect Motors, c/o Gregory Peters 751 L F Roper Pkwy Officer Loeffler Violation Cited: LDC 4-3; LDC 1-6(a,b); LDC 1-14(a,b) 12-02-05 NOCV Re-Inspection Date:02-09-06 02-10-06 SOV 02-10-06 NOH Meeting Date: 02-28-06 02-10-06 POS Certified Mail Observation: Alterations to property and landscape prior to obtaining an approved small-scale site-plan from the City of Ocoee. On June 22,2005,Code Enforcement placed a stop-work order at 751 L F Roper Parkway for un-permitted alterations/construction, which damaged the existing landscape including large piles of gravel, dirt, and tree removal. On December 1, 2005, altered portions of the property still in the same condition as the stop work notice date in June. Although the Planning Department staff indicate some site-plan application activity has transpired,no corrected small-scale site-plan has been resubmitted and no required small-scale site-plan has been Now approved as of this date. Officer Loeffler, having been sworn, presented exhibits and gave a detailed history of the Case and stated the property was in non-compliance. Questions and Comments Regarding Case No. 06-020 William Krause, Representative for 751 L F Roper Pkwy, stated he was asked to represent Mr. Peters in Mid-November because Mr. Peters had left the state until about Mid-January. He further stated since that time Mr. Peters has not had time to address the issues but they should have everything in place and be in compliance with the City the next time the Code Enforcement Board meets. Officer Loeffler added that plans have been submitted to the Planning Department and there are comments per the review by Planning. He further stated that Mr. Peters would not be submitting new plans but they would need to comply with the recommendations by the Planning Department. Member Hopper stated he feels the only problem they will have is the 30 days. He further stated there are different departments that need to approve the site plans and it may be 30 days before they meet. William Krause stated they would work expeditiously to get to the next step and do what the City wants. Further discussion ensued regarding the procedures Perfect Motors would need to do to get in compliance. Page 3 of 7 Code Enforcement Board Minutes February 28,2006 r► Vice Chair Chancey, seconded by Alternate Member Lenko, moved in Case No. 06-020 to find the Respondent in violation of Section LDC 4-3; LDC 1-6 (a,b) as of February 1, 2006, and be given until April 14, 2006, to come into compliance or be fined $200 per day thereafter. Motion carried unanimously. OTHER BUSINESS Case No. 05-072—Karen Barton & Emerson C. Moorley 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. 10-25-05 ANC 10-25-05 CO Extend Until 12-22-05 01-18-06 ANC 01-24-06 CO Extend Until 02-28-06 Observation: Construction without required permits,plans,approval and inspections: Room Addition. w Officer Rodriguez stated the respondent in case number 05-072 was in non-compliance. Questions and Comments Regarding Case No. 05-072 Emerson Moorley, 1512 Maureen Ave., explained to the board that he has tried his best with the drawings the City is requesting; however, he has been unsuccessful in fulfilling what they are requiring. Officer Rodriguez stated that the project is currently not in construction due to the stop work order. Building Official Jones gave a brief history as to what their department was requesting on the drawings and as to what Mr. Moorley had submitted. He further stated his hopes are that Mr. Moorley employ a design professional who has a true understanding of the requirements of the building codes and is able to comply with providing the Building Department with that information. Emerson Moorley stated his wife's cousin recently informed them that they could lend him the money to pay a professional to do the drawings. A brief discussion ensued regarding the structure and what was needed to complete the enclosure. Member Lenko, seconded by Alternate Member Ballard, moved in Case No. 05-072 to extend the compliance order until March 14, 2006. Motion carried 4-3 with Vice Chair Chancey,Members Morton, and Hopper opposing. w Page 4 of 7 Code Enforcement Board Minutes February 28,2006 r.. 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 10-25-05 CO Given Until 12-23-05 or Pay$100.00 Per Day 01-20-06 ANC 01-24-06 OFL As of 12-24-05 02-10-06 ANC 02-24-06 RF Total Due: $4900 Observation: On 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: On 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. Amy Vice Chair Chancey, seconded by Alternate Member Lenko, moved in case number 05-102 to re-hear case for reduction of fine. Motion carried unanimously. Questions and Comments Regarding Case No. 05-102 George Bori, 862 Maguire Road, thanked the board for taking the time to hear him and then briefly gave an overview of the process he has taken with the City to try to get his property in compliance. Mr. Bori stated the structure has been removed and his Engineer has met with the Planning Department regarding their comments but the Planning Department has not acknowledged that most of them do not apply. Vice Chair Chancey inquired as to how much was spent on the structure. Mr. Bori stated he does not have an estimate in front of him and his staff put the structure up. Mr. Bori stated he is before the board asking for reconsideration regarding the $4700 fine he has been slapped with. Alternate Member Lenko inquired about past violations that Groundtek had before the Code Enforcement Board possibly within the past 5 years. Mr. Bori stated he was unaware of the violations Member Lenko was speaking of. Alternate Member Lenko advised Officer Loeffler he may want to research past violations on Groundtek. A brief discussion ensued regarding the time frame Mr. Bori was given and the requirements of getting the permit. Page 5 of 7 Code Enforcement Board Minutes February 28,2006 law Member Morton, seconded by Alternate Member Lenko, moved in case number 05-102 to deny case for reduction offine. Motion carried 6-1 with Vice Chair Chancey opposing. Case No. 05-111 —Miryam & William Armas, Ocoee RSS Inc. 340 Franklin Street Officer Siegrist Violation Cited: 108-23 I,Q,R(1); M(1)&(2); 108-24 D; 108-22; 165-3 A 09-26-05 NOCV Re-Inspection Date: 10-26-05 11-09-05 SOV 11-09-05 NOH Meeting Date: 11-22-05 11-09-05 POS Certified Mail 11-22-05 CO Given Until 01-23-06 or Pay$250 Per Day 01-24-06 CO Extended Until 02-21-06 or Pay$250 Per Day 02-23-06 AOC Observation: Inoperable/missing smoke alarms. Unventilated bathrooms. Torn/missing screens. Broken, damaged, inoperable windows. Hot-water tank relief valve not vented to exterior. Missing back-flow prevention devices on hose-bibs. Overgrown grass and weeds. Misc.junk,trash and debris littering property. Accessory buildings,front porch and fence in dilapidated/rotted condition. Damaged exterior walls. Damaged window sashes. Not-to-code electrical wiring and fixtures. Dilapidated interior ceiling and walls. Accessory structure exterior door dilapidated/damaged including in-operable hardware. Untagged dump truck, large semi-trailers over 24' and storage of misc.construction vehicles and equipment. Officer Siegrist,having been sworn in, stated the Respondent was in compliance and had rr missed the compliance date by a day or two. Questions and Comments Regarding Case No. 05-111 William Armas, 340 Franklin Street, displayed pictures of the property in compliance and briefly discussed his efforts to have the property in compliance by the date set by the board but unfortunately missed the compliance date by one day. Vice Chair Chancey, seconded by Alternate Member Ballard, moved in Case No. 05-111 to find the Respondent in compliance as of February 23, 2006, and no fines be assessed. Motion carried unanimously. Case No. 06-002—Joy Lynn Krumweide 1517 Ison Lane Officer Rodriguez Violation Cited: 115-3; 165-3 11-04-05 NOCV Re-Inspection Date: 12-02-05 12-09-05 SOV 12-09-05 NOH Meeting Date:01-24-06 12-12-05 POS Certified Mail 01-24-06 CO Given Until 02-07-06 or Pay$50.00 Per Day 02-08-06 ANC 'fir Page 6 of 7 Code Enforcement Board Minutes February 28,2006 Observation: Miscellaneous junk,debris,equipment,soda machine on property. Also untagged/expired tag, inoperable vehicle. Officer Rodriguez, having been sworn, stated she went to the property on February 8, 2006, and the property is still in non-compliance. Alternate Member Ballard, seconded by Member M. Godek, moved in Case No. 06-002 to impose fine of$50 per day as of February 8, 2006. Motion carried 6-1 with Member Hopper opposing. COMMENTS Mayor Vandergrift announced to the board members and staff that they need to learn to speak into the microphones. He stated he was watching the meeting at home and could not hear. He briefly thanked the board members for volunteering and gave several suggestions as to how the board should conduct the meeting. Building Official Jones thanked the Mayor for speaking and giving his advice. He further expressed his appreciation to all the board members. Alternate Member Lenko briefly stated many people are afraid to report code enforcement violations but she would like the citizens to know and understand that they can stay 411 1D' anonymous if they make a complaint. Member Hopper inquired as to what happened with the Crawford case. Officer Siegrist stated it is still accruing fines and they have not received any contact from them. Member Hopper inquired if at some point they would be taking action. Building Official Jones stated they will at some point take action and it is based on proportion of the value of the property. He further stated they would probably need to re-address the issue and file the lien. A brief discussion ensued regarding possibly filing a lien. ADJOURNMENT Meeting adjourned at 8&34 p.m. Att st: APP ' I VED: rig Melanie Sibbi ,Deputy City Clerk Hobert Godek, Chairman %r Page 7 of 7