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Home My WebLink About10-26-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING OCTOBER 26, 2004 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:05 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and the Invocation. The roll was called and a quorum was declared present, which would include two alternate members voting. PRESENT: Chairman Linebarier, Members Chancey, Donenfeld, Godek, Henderson, and Alternate Members Hopper and Stanley. Also present were Building Official Phelps, Enforcement Officers Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, Fire Marshal Stanley and Administrative Assistant III. ABSENT: Vice-Chairman Lenko and Member Konicek, who were excused. 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 SEP ARA TEL Y. The Consent Agenda consisted of approval of Items A & B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, September 28, 2004. B. Order of Continuance - November 23, 2004 Member Donenfeld. seconded bv Member Godek. moved to aoorove the Consent Agenda as presented. Motion carried 7-0. 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-APPLlCATlON TO FORECLOSE, CO - COMPLIANCE ORDER, CS - CONTINUED STAY, CTR - COpy TO RESPONDENT, ECO - EXTENDED COMPLIANCE ORDER, EX-EXHIBITS, FS- FEES STAYED, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, OAF - ORDER AUTHORIZING FORECLOSURE, OIF/L- ORDER IMPOSING FINE/LIEN, ONC - ORDER OF NON-COMPLIANCE, OOC - ORDER OF CONTINUANCE, PDFS - PER DAY FINE SUSPENDED, POS - PROOF OF SERVICE, RFR - REQUEST FOR REHEARING, RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OF FINE, SOV - ST A TEMENT OF VIOLATION (S) and WD - WITHDREW. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Loeffler, Code Enforcement Board Minutes October 26, 2004 Siegrist, and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Building Official Phelps stated that Case Numbers 04-055, 04-056, 04-039, 04-044, 04-050, 04-051, and 04-052 were in compliance. Member Godek. seconded bv Member Stan lev. moved to hear Case Nos. 04-057, 01-004, and 04-004 as the next items on the Agenda. Motion carried 7-0. Case No. 04-057 - Village Market Place Investors LTD, and X Club Ocoee, Inc., d/b/a World Gym for Women 10908 W. Colonial Drive Violation Cited: 119-2; 51-13 09-09-04 NOCV Re-Inspection Date: 09-20-04 10-15-04 SOV 10-15-04 NOH 10-15-04 POS 10-16-04 POS Observation: Operating permit. Officer Siegrist Meeting Date: 10-26-04 Certified Mail Hand Delivery a business. without an occupational license, and work without Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the case, and stated the property was in non-compliance. Fire Marshal Stanley stated his department responded to an alarm at the property caused by a large amount of dust. At that time, it was noticed that construction had taken place at the location without a permit. He stated he followed up with a letter to the owner addressing the violations and has yet to receive any construction or sprinkler plans. Fire Marshal Stanley further stated that Fire Inspector Dingman followed up at the violation location on August 16, September 16, September 21, September 24, and September 29. Mr. Stanley said plans were submitted October 25, but he has not yet reviewed them and does not know if they are building plans or sprinkler plans. Chairman Linebarier asked if there was a danger of a fire without the requested sprinkler plans. Fire Marshal Stanley stated there could be a danger but he would not know until he reviews the sprinkler plans. Dan Barton, representing Wodd Gym for Women, gave a detailed analysis of the work that has been done at the gym. He said that he filed for a permit on July 12, 2004, which has been on hold until the Building Department receives blueprints. Mr. Barton stated that an architect was hired to draw up the plans for the construction; however, personal problems delayed the architect and the respondent gave the plans to the City of Ocoee on October 25, 2004. Chairman Linebarier asked Building Official Phelps and Fire Marshal Stanley to look over 2 Code Enforcement Board Minutes October 26, 2004 the plans to give their opinion as to whether a hazard exists. Building Official Phelps said they had already discussed the issue and found it was not a current hazard. Building Official Phelps said that the plans would be looked at next week and if all was satisfactory, the permit could be received at that time. Member Henderson asked Building Official Phelps for his recommendation to the board. Building Official Phelps recommended the board make an order with a time restraint for Wodd Gym for Women to receive a permit. Member Godek. seconded bv Alternate Member Stan lev. moved to find resoondent in Case No. 04-057 in violation of Code 119-2 and 51-13. as cited. as ofSeotember 19,2004. and give them until November 19.2004. to comolv or forfeit $250/dav. Motion carried 7-0. Case No. 01-004 - Ricky L. Moore & Sharon R. Moore 578 W. Silver Star Road Violation Cited: 108-35; 115-3 02-01-01 NOCV Re-Inspection Date: 04-04-01 04-04-01 SOV 04-04-01 NOH 04-05-01 POS 04-24-01 DO 09-24-01 AOC 01-30-02 NCL For Demolition $3300.00 Observation: Condemned building/Public nuisance; Trash and debris littering property, and dilapidated accessory shed. Officer Siegrist Meeting Date: 04-24-01 Certified Mail Respondent, Ricky L. Moore, having been sworn, stated that he was not asking for a reduction of this case and was only concerned with case number 04-004. Therefore, case number 01-004 was not discussed at this time and remained under lien in the amount of $3,300.00. Case No. 04-004 - Ricky L. Moore 578 W. Silver Star Road Violation Cited: 165-3 02-02-04 NOCV 02-17 -04 SOV 02-17-04 NOH 02-17 -04 POS 02-17 -04 POS 02-17 -04 POS 02-24-04 CO 03-03-04 AONC 03-23-04 OIF 07-07-04 AOC 10-19-04 RFR/ROF Officer Siegrist Re-Inspection Date: 02-16-04 Meeting Date: 02-24-04 Certified Mail Regular Mail Posting Given Until 03-02-04 or Pay $50.00 a day As of 03-03-04 Total Due $6,250.00 Meeting Date: 10-26-04 3 Code Enforcement Board Minutes October 26, 2004 Observation: One Toyota pick-up truck, blue, FL tag# E70KEB, expired June 2002, and One Mazda 4x4 SE5 B2600 pick-up truck, tan, no tag, and One Nissan pick-up truck, red, FL tag# URS824, expired June 2000. Officer Siegrist, having been sworn, gave a detailed history of the case, and stated the property was in compliance as of July 7,2004. Respondent, Ricky L. Moore, having been sworn, asked for a reduction of fine in Case No. 04-004. Member Chancev. seconded bv Member Henderson, moved in Case No. 04-004 to hear the reduction offine. Motion carried 7-0. Respondent, Ricky L. Moore, said he would like the fine reduced so he can sell his property and go on with his life. Member Chancev. seconded bv Member Donenfeld. moved in Case no. 04-004 to reduce the .fine to $200 if oaid in full bv November 24, 2004. or the fine reverts to original fine. Motion carried 7-0. Building Official Phelps stated that this recommendation would go before the City Commission for their consideration in November. Recess 8:00 p.m. - 8:15 p.m. Case No. 04-041- Aurelio Gonzalez 501 Wurst Road Violation Cited: 51-13 07-22-04 NOCV Re-Inspection Date: 08-09-04 09-14-04 SOV 09-14-04 NOH Meeting Date: 09-28-04 09-16-04 POS Certified Mail Observation: Block walls for garage in backyard without permit. Officer Siegrist Member Godek, seconded bv Member Donenfeld. moved in Case No. 04-041 to imoose fine and lien effective October 20. 2004. Motion carried 7-0. Case No. 04-049 - Mark Gage & John Gage and A Better Mobile Storage, Inc. 471 L.F. Roper Parkway Officer Siegrist Violation Cited: 51-13 08-31-04 NOCV 09-15-04 SOV 09-15-04 NOH 09-16-04 POS Re-Inspection Date: 09-11-04 Meeting Date: 09-28-04 Certified Mail 4 Code Enforcement Board Minutes October 26, 2004 Observation: Work with a permit, additional shade covers installed, no approved site plan. Approx. 25 covers on site. Code Enforcement Officer Siegrist, having been sworn, stated the property is in non- compliance. Building Official Phelps stated the plans were submitted October 15,2004, and he asked the board to find the Respondents in violation as cited. Member Godek. seconded bv Alternate Member Stan lev. moved in Case No. 04-049 to impose fine and lien effective October 27.2004. Motion carried 7-0. COMMENTS Building Official Phelps - Said the City Commission concurred with the board recommendation in Case Nos. 03-001219 and 03-002902, to reduce the fine to $500. Attorney Sneed - Said she would be on vacation next month and wished everyone a happy Thanksgiving. Code Enforcement Officer Siegrist - None Code Enforcement Officer Loeffler - None Code Enforcement Officer Braddy-Bagwell- None Permitting Clerk Ramos - None Chairman Linebarier - None Member Donenfeld - Said his son is in the Marines in Japan and is doing well. Member Godek - None Member Chancey - None Member Henderson - None Alternate Member Hopper - None Alternate Member Stanley - None Administrative Assistant III Aycock - Thanked those board members who brought in their Code Book and asked those who have not brought in their Code Book to bring them in November. ADJOURNMENT Meeting adjourned at 8:25 p.m. Attest: APPROVED: /1 11 g/ / i IJ lJ. / (J I CALVi ,vf-; '.':' I 1~JlA"U7) ...John Linebarier, Chairman L/ 5