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Home My WebLink About04-25-2006 Minutes 'Nor MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING APRIL 25,2006 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 Vice Chair Chancey 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, Stanley and Alternate Member Ballard. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officers Braddy-Bagwell, Rodriguez, and Siegrist, Permitting Clerk Ramos, Attorney Lewis, and Deputy City Clerk Sibbitt. ABSENT: None 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, C, and D. (Case Number 06-031 was transferred to Consent) A. Minutes of the March 28, 2006, Code Enforcement Board Meeting B. Dismissal or Compliance Case Number Respondent Location of Violation 1. 06-028 Jonathan D. & Erin Gemmen 1120 Hawthorne Cove 2. 06-031 Renee Godber-Voight 1233 Russell Drive 3. 06-033 Temple Grove Estates Temple Grove Sub. 4. 06-034 Luis M. Perez& Aida Perez 729 N Lakewood Ave. 5. 06-036 Sergio & Maria Rangel & Madrigal 823 Satin Leaf Circle 6. 06-037 Paul E. Sykes 501 Nicole Blvd. 7. 06-038 Carlos Calderon 1603 Jemima Avenue Code Enforcement Board Minutes April 25,2006 C. Order of Continuance (May 30, 2006, Meeting) (These cases were transferred to Consent) Case Number Respondent Location of Violation 1. 06-030 David E. Dingley 809 Apricot Drive 2. 06-032 Kathleen Morales& Dolores Perez 104 Spring Lake Circle 3. 06-039 Dominique Guerrier 809 Doreen Avenue 4. 06-041 Amy L. Bass 402 Sterling Lake Dr. D. Withdrawn without Prejudice (These cases were transferred to Consent) Case Number Respondent Location of Violation 1. 06-025 Jacqueline &David Herring 713 Russell Drive 2. 06-027 Haynes Brothers Furniture/Bassett 476 Ocoee Commerce Vice Chair Chancey, seconded by Member Morton, moved to approve the Consent Agenda as presented with the amendments suggested by Staff Motion carried unanimously. Vice Chair Chancey, seconded by Member Morton, moved to change the order of case numbers so that cases numbered 06-040, 05-098, and 06-020 were heard first. 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. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 06-040—Madgy A.& Frances M.Mansour and God's Factory Christian Center,Inc. 485 W.Silver Star Road Officer Siegrist Violation Cited: 51-13 03-22-06 NOCV Re-Inspection Date:04-07-06 Page 2 of 9 Code Enforcement Board Minutes April 25,2006 04-13-06 SOV 04-13-06 NOH Meeting Date:04-25-06 04-20-06 POS Certified Mail Observation: Interior alteration work without permit, including new walls and electrical work. Officer Siegrist, 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. 06-040 Madgy Mansour, 4442 Begonia Court, Windermere, FL, stated he is the owner of the property at 485 W. Silver Star Road. He further stated every time he had received a notice he would come to City Hall to speak with the Officer. Steve Rohr, Pastor of God's Factory, stated he is in touch with Territo Electric about coming to the City and pulling a permit. Vice Chair Chancey inquired from the Officer how quickly the permit would be turned around once submitted. Officer Siegrist stated he would estimate approximately two weeks; however if the board were to set a deadline he would think they should have permits prior to the next meeting or prior to their opening. Steve Rohr stated his situation with the church is that currently he is supporting the church and he feels the City has been very good to them, but if there is anyone that could help them with moving things forward he hopes they can help. *, Member Hopper inquired if it was possible that Mr. Rohr's permits go through prior to the church opening their doors. Officer Siegrist stated it would be a pretty tight deadline but it could be possible. Member Morton inquired if the permit would be require building plans to go with it. Officer Siegrist stated he could not really say but he does know it should need a detailed spec and scope of work. Member Hopper, seconded by Member Morton, moved in Case No. 06-040 to find the Respondent in violation of 51-13 as cited as of April 03, 2006, and be found in compliance as of May 22, 2006, or be fined$5 per day. No vote was taken due to subsequent amendment. Member Stanley, seconded by Vice Chair Chancey, moved to amend the fine of the original motion from $5 per day to $100 per day. Motion carried 5-2 with Members Morton and Hopper opposing Member Stanley, seconded by Vice Chair Chancey, moved in Case No. 06-040 to find the Respondent in violation of 51-13 as cited as of April 03, 2006, and be found in compliance as of May 22, 2006, or be fined $100 per day. Motion carried 5-2 with Members Morton and Hopper opposing. Page 3 of 9 Code Enforcement Board Minutes April 25,2006 Vice Chair Chancey, seconded by Member M. Godek, moved to hear Case Number 05-098 for reduction of fine. Motion carried unanimously. 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 10-25-05 CO Given until 12-23-05 or pay$50 per day. 12-27-05 ANC 01-24-06 OFL As of 12-24-05 04-11-06 AOC 04-11-06 RF Total Due: $5400 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 stated the respondent in case number 05-098 came into compliance on April 11, 2006. She further stated the penalty assessed is $5400 and the City's cost was $70.46. Questions and Comments Regarding Case No. 05-098 `�Ir► Mohammad H. Salah, 1183 Coastal Circle, stated he went to apply for a business license with the City when Permitting Clerk Ramos advised him that she had been looking for him regarding the permit for his windows and doors. Mr. Salah further stated at the time of the inspection his 14- year old nephew was home and had informed him that the inspector had passed the inspection so he was not aware that the City was still trying to close the permit out. Mr. Salah stated he then spoke with the inspector who told him that because there was a minor in the home the inspection was not done; however, since a notice was not left with the minor stating that, Mr. Salah was under the impression that everything passed. Further discussion ensued regarding the inspections that took place in Mr. Salah's residence. Vice Chair Chancey, seconded by Member Ballard, moved in case number 05-098 to reduce fine to $100 if paid within 30 days from today's date. Motion carried 6-1 with Member Hopper opposing. Case No. 06-020 - Perfect Motors, do 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 Page 4 of 9 Code Enforcement Board Minutes April 25,2006 02-28-06 CO Given Until 04-15-06 or pay$200 per day 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 approved as of this date. Officer Loeffler,having been sworn, stated the property was in non-compliance. Questions and Comments Regarding Case No. 06-020 Wendy Anderson, 100 S. Orange Avenue,who is the attorney for the respondent, stated the respondent would like to ask for an extension due to Mr. Peter's having a health crisis in the family. She further stated Mr. Jones who is the other principal for the company had contacted an engineer and had thought they were taking care of the issue. Ms. Anderson stated she could not get in contact with the engineers but it is her client's full intention to come into compliance. Ms. Anderson stated her respondent is looking for an extension of 60 days. Officer Loeffler stated there has not been any work done to the property and the owners were given the option of bringing the property back to its original condition. He further stated the last contact with the Planning Department was on December 2nd. Further discussion ensued *iv regarding the history of the case. Alternate Member Ballard, 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 pay a fine of$200 per day since that date. Motion died due to lack of second. Member Hopper, seconded by Vice Chair Chancey, moved in Case No. 06-020 to extend the compliance date until Mav 22, 2006. Motion carried 5-2 with Members M. Godek and Ballard opposing. Vice Chair Chancey, seconded by Member Hopper, moved to change the order of case numbers so that cases numbered 03-003291, 04-018, and 04-029 are heard next. Motion carried unanimously. Case No. 03-003291 —Cypress Colony Inc. & Gregg Wright, Registered Agent 0 Maguire Road Officer Loeffler Violation Cited: 115-5; 115-3 09-26-03 NOCV Re-Inspection Date: 10-31-03 11-11-03 SOV 11-11-03 NOH Meeting Date: 11-25-03 11-12-03 POS Certified Mail Page 5 of 9 Code Enforcement Board Minutes April 25,2006 11-12-03 POS Certified Mail Registered Agent,Gregg Wright 11-25-03 CO Given until 12-05-03 or pay$100 a day secure area 11-25-03 CO Given until 02-26-04 or pay$150 a day correct all violations 12-05-03 AOC Area Secured 02-27-04 ANC Observation: Overgrown/tall, weed/grass undergrowth and vegetation within large abandoned, hazardous water/sewer facility dilapidated with missing sections. Officer Loeffler, having been sworn, stated the property for case number 03-003291 has never been imposed a final lien and that is what they are requesting at this time. Assistant City Attorney John Hamilton, after being sworn in, stated he is there in case the board has any questions. He further gave a brief detail on the City's intent with the property at Cypress Colony Inc. Vice Chair Chancey, seconded by Member M. Godek, moved in case number 03-003291 to impose fine and lien of$150 as of February 26, 2004. Motion carried unanimously. Case No. 04-018—Cypress Colony Inc. 0.West Colonial Drive Officer Loeffler Violation Cited: 115-5 06-28-04 NOCV Re-Inspection Date: 06-28-04 06-28-04 SOV 06-28-04 NOH Meeting Date: 07-27-04 06-28-04 POS Certified Mail 07-27-04 OIF $250 per day 04-21-06 Application to Foreclose Observation: Overgrown/tall, weed, grass undergrowth, and vegetation within large abandoned, hazardous water/sewer facility. Officer Loeffler, having been sworn, stated for case number 04-018 the City is requesting an order for foreclosure. Assistant City Attorney John Hamilton stated that the statute not only authorizes for foreclosure but also for monetary release. He further calculated that the fees owed to date for this case number is $167,250. Member Hopper, seconded by Member Morton, moved in case number 04-018 to approve the City's pursuit of foreclosure and impose $250 fine per day as of July 27, 2004. Motion carried unanimously. Case No. 04-029—Cypress Colony Inc. 0.West Colonial Drive Officer Loeffler Violation Cited: 115-5 06-30-04 NOCV Re-Inspection Date: 07-16-04 Page 6 of 9 Code Enforcement Board Minutes April 25,2006 08-10-04 SOV 08-10-04 NOH Meeting Date: 08-24-04 08-10-04 POS Certified Mail 08-10-04 POS Regular Mail 08-10-04 POS Posting 08-24-04 CO Given until 09-01-04 or pay$250 per day 09-09-04 ANC 09-28-04 OIF As of 09-02-04 04-21-06 Application to Foreclosure Observation: Overgrown/tall weeds,grass,undergrowth and vegetation. Officer Loeffler, having been sworn, stated for case number 04-029 the City is requesting an order for foreclosure. Assistant City Attorney John Hamilton calculated that the fees owed to date for this case number is $150,250. Vice Chair Chancey, seconded by Member Hopper, moved in case number 04-029 to approve the City's pursuit of foreclosure and impose $250 fine per day as of September 1, 2004. Motion carried unanimously. Recess 8:15 p.m. -8:20 p.m. OTHER BUSINESS Case No. 06-026—Albert Griffin TR 713 Russell Drive Officer Loeffler Violation Cited: 108-35 04-04-06 NOCV Re-Inspection Date: 04-04-06 04-04-06 SOV 04-04-06 NOH Meeting Date:04-25-06 04-05-06 POS Certified Mail Observation: Citizen generated complaint via E-Better Place: Large, in-operable box truck/delivery van,old untagged mini-van,and old untagged pick-up truck. All located on open,unfenced front yard of a corner lot;2 raised up on lifts/jacks. Misc.junk,trash,debris and tools littering property. Officer Loeffler presented exhibits and gave a detailed history of the Case and stated the property was in compliance. Vice Chair Chancey, seconded by Member M. Godek, moved in Case No. 06-026 to find the Respondent in violation as of April 3, 2006, but in compliance as of April 25, 2006, and no fines be assessed. Motion carried unanimously. Page 7 of 9 Code Enforcement Board Minutes April 25,2006 `r Case No. 06-029—Denver R. Harper Estate 13 Sundial Key Drive Officer Siegrist Violation Cited: 115-5;115-3 03-16-06 NOCV Re-Inspection Date: 04-03-06 04-06-06 SOV 04-06-06 NOH Meeting Date:04-25-06 04-06-06 POS Hand Delivery Observation: Weeds/grass growth over 10"and trash and debris,vacant lot. Officer Siegrist gave a detailed history of the Case and stated the property was in compliance. Member M. Godek, seconded by Member Stanley, moved in Case No. 06-029 to find the Respondent in violation as of March 31, 2006, but in compliance as of April 25, 2006, and no fines be assessed. Motion carried unanimously. Case No. 06-035—Paul Vega 321 Pancheco Court Officer Siegrist Violation Cited: 165-3 03-22-06 NOCV Re-Inspection Date: 04-12-06 04-10-06 SOV 04-10-06 NOH Meeting Date: 04-25-06 04-11-06 POS Certified Mail Observation: One minivan,white(possible)Plymouth Voyager, inoperable,no tag parked in backyard. Officer Siegrist gave a detailed history of the Case and stated the property was in non- compliance. Alternate Member Ballard, seconded by Member Morton, moved in Case No. 06-035 to find the Respondent in violation as of April 6, 2006, and be given until April 30, 2006, to comply or be assessed a fine of$25 per day. Motion carried unanimously. Case No. 05-072—Karen Barton and Emerson C. Moorley 1512 Maureen Avenue 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 Page 8 of 9 Code Enforcement Board Minutes April 25,2006 01-18-06 ANC 01-24-06 ECO Extend Until 02-28-06 02-28-06 ECO Extend Until 3-14-06 03-15-06 ANC 03-28-06 Continued to April Meeting Observation: Construction without required permits,plans,approval and inspections: Room Addition. Officer Rodriguez, having been sworn, stated she went to the property today and the property is still in non-compliance. Vice Chair Chancey, seconded by Member Hopper, moved in Case No. 05-072 to impose fine of$25 per day as of March 15, 2006. Motion carried unanimously. COMMENTS Code Enforcement Officer Loeffler read the activity synopsis for Code Enforcement for March 2006, as follows: Minimum Housing Standard Inspections Pre—existing Housing Stock= 70 (2005 =42) Occupational License Inspections= 12 (2005 = 15) E-Better Place Complaint Investigations= 10 Complaint&Nuisance Investigations= 77 (2005 =42) GP Nuisance Signs/Street-Spam Removed= 164 He further announced the 2006 F.A.C.E. Conference is coming up in June and there is a Code Enforcement Board Member Workshop should there be a member interested in attending. Chairman Godek announced his farewell to Alternate Member Lenko (who was not present) and wished her good luck. ADJOURNMENT Meeting adjourned at 8:49 p.m. est: AP R VED: Melanie Sibbitt,Deputy City Clerk Robert Godek, Chairman I 4 Page 9 of 9