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Home My WebLink About04-18-2024 Supporting DocumentsCODE ENFORCEMENT BOARD SUPPLEMENTAL AGENDA April 23, 2024 I I WOUILI I WIN II_Il191►`17\ B. Dismissal or Compliance Case Number Dismissed or In Compliance: 2024-00299 Continued: 2023-03276 Removed from Tonight's Agenda: None CITY OF OCOEE -'aw zvwil 1 N. Bluford Avenue Ocoee, Florida 34761 0 C 0 407-905-3100 11011da SPEAKING RESERVATION FORM NOTE: All submitted speaking reservation forms are public records under Chapter 119, Florida Statutes, and are open toy o inspection by all persons. DATE V- 1 NAME -1 PHONE# 13 2- f OCOEE RESIDENT YES 0 NO ITY ZIP CODE V) VV (OPTIONAL) ADDRESS -26r-�M�ek- �1-fll�tc E-MAIL GiYttJ i Do you have a prepared statement, or other document(s) from which you will address the Board? No Yes if yes, please attach copy of same to this Reservation Form. All proceedings before the Commission shall be governed by the Civility Code — see bach The following time limits to speak are in effect: Public i _UpArincLs: petitioner presentation - 15 minutes; citizen comments- 6 minutes per speaker; petitioner rebuttal -5 minutes. Open to Public - Citizens Comments - 3 minutes per speaker, per meeting. • 1 4 011 Wei Wei 4 iTJ 1 M-4Z RESPONDENT: KWIK-MART INC CASE # 2024-00524 Location/Address: 1400 E SILVER STAR RD Violation Cited: §108-34.A.&C.— §108-34.A.&C.— Broken Light Pole in The Premises, Inclining to The Street at Ocoee Hills Officer: RODRIGUEZ Date Observed: FEBRUARY 19,2024 Compliance Date: MARCH 08, 2024 Timeline 02/20/24 Notice of Code Violation 9589-0710-5270-1236-6093-61 03/14/24 Notice of Hearing 9589-0710-5270-1236-6096-20 Re -Inspection Date: 03/11/24 Delivered 02/24/24 Meeting Date: 04/18/24 Delivered 03/20/24 §1 r�l I Cl) City of Ocoee IN. B|ufordAve. City nfOcoee, FL 34761 /407\905-3100 Case #h2OZ4-0OS24 Notice Date: 02/20/2024 KVV|K'MART|NC PATELPRAOEEP 9101SOUTHERN BREEZE DR()RLAND[\FL32836 YOU ARE NOTIFIED, pursuant ioChapter 7.6ofthe Code ofOrdinances ofthe City ofOcoee, that the following violations of the Code of the City of Ocoee have been noted with respect to the property identified above: The violation(s) was observed by Theresa Rodriguez, the undersigned, on 02/19/2024. Violation Findings Code Violated Remedial Actions Broken light pole in the Chapter 108 - MINIMUM Replace/repair light pole as per Code premises, inclining to the street STANDARDS CODES ARTICLE Ill - Ordinance at Ocoee Hills Commercial, Business and Industrial Minimum Standards Code Description of Code § 108-34. - Duties and responsibilities of owners and operators of commercial, business or industrial A. All parts of the premises under the control of the owner or operator shall be kept in a clean and satisfactory condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition. C. Every owner and operator shall be responsible for repairing damage to any part of the premises. YOU HAVE UNTIL to correct the violation(s) described above to comply with the Code. Failure to comply by this date will result in the commencement of appropriate enforcement action, including a possible fine, not to exceed $250.00 per day for each day the violation continues past the date set by the Code Enforcement Board for compliance, and in addition, the fine may include costs incurred by the City under certain circumstances. Our intention is not to punish the property owner, but to ensure that it comes into compliance bycorrecting the vio|mtion/s\. brought into compliance. I certify that a copy hereof has been sent, CERTIF I ED MAI L to each address n am ed above on 02/20/2024. Name: Theresa Rodriguez Title: Code Enforcement Officer Date: 02/20/2024 Telephone: (407)905-3100ext1079 4/18/24, 8:09 AM USPS.com@ - USPS Tracking® Results Tracking Number: Remove X 9589071052701236609361 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) WT M-TUNT-Mm- Your item was delivered to an individual at the address at 4:26 pm on February 24, 2024 in ORLANDO, FL 32836. USPS Tracking Plus@ Delivered ORLANDO, FL 32836 -n February 24, 2024, 4:26 pm (D(1) 0 Cr See All Tracking History W 0 X" =M' I Track Another Package Enter tracking or barcode numbers 0 0 0 https:lltools.usps,comlgolTrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589-0710-5270-1236-6093-61%2C&tABt=false 1/2 Nffi� �* a . 0 A * 19ro][0:9012 UEEZZMAMMEMS YOU ARE NOTIFIED, pursuant to Chapter 7.6 of the Code of Ordinances of the City of Ocoee, that a public hearing will be conducted in the above -styled action, pending and undetermined by the Special Magistrate of the CITY OF OCOEE, on 04/18/2024 11:00-00 AM at the Ocoee Commission Chambers, 1 N Bluford Ave, in the city of Ocoee, Florida. The Magistrate will receive testimony in evidence at this public hearing and will make such findings of fact as are supported by that testimony and the evidence pertaining to the following matter: (X Statement of Violations (copy attached) Affidavit of Non -Compliance (copy attached) Application to Foreclose (copy attached) You have the right to appear before the Magistrate in person, the right to present evidence relevant to the matter under consideration b thelvlagLs��ri the right to be represented before the Magistrate by a lawyer at your own expense, X) If the violation is corrected and then recurs, or if the violation is not corrected by the time W sFmcified for correction,,. the case vzrlwu ( ) Because this is a repeat violation, the case may be presented to the Magistrate even if the violation has been corrected prior to the Magistrate hearing. ( ) Because the violation(s) are considered to be irreparable or irreversible in nature, the case may be presented to the Magistrate even if the violation(s) has been corrected prior to the Magistrate hearing. STY I 1111 FeLvru Ul t proceeltings is Mao wni recora Inci QueS Vie Testimony ana evlle'rcm-e upon which the appeal is to be based. Dated: 03/18/2024 Clerk of the Board JUSTIN MIERAS Petitioner lill lill ill a W fill S., 2024-00524 Parcel ID: 162228000000003 Address: 1400 E SILVER STAR RD PliffAIIIN19911 I UF W W -IvW Ill 1*] 01 Pursuant to the Chapter 7.6 of the Code of Ordinances of the City of Ocoee, the undersigned Code Inspector states the following with respect to certain violation(s) of the Code of the City of Ocoee, Florida, and 'iereby requests a public hearing before the Special Magistrate of the City of Ocoee: Name and address of owner/person in charge of location where violatloh(S) existed- Wk-MART INC 9101 SOUTHERN BREEZE DR ORLANDO, FL 32836 2. Location/address where violation(s) existed: 1400 E SILVER STAR RIB Violation Findings Code Violated Remedial Actions Broken Light Pole in The Premises, § 108 34. -II UIUI Minimum Standards Replace/Repair LigIII ht Pole aIII s Per Inclining to The Street at Ocoee Codes Article Ill - Commercial, Code Ordinance Hills Business and industrial Minimum Standards Code Code Violated Description of Code —a-108-34. - Mum Standards A. All parts of the premises under the control of the owner or operator Codes Article Ill - Commercial, shall be kept in a clean and satisfactory condition, and the occupant shall Business and Industrial refrain from performing any acts which would render other parts of the Minimum Standards Code premises �unclean cir unsanitary or which would obstruct the owner or operator from performing any duty required hereunder or maintaining the premises in a clean and sanitary condition. C. Every owner and operator shall be responsible for repairing damage to any part of the premises. Based on the foregoing, I certify that the violation(s) described above has existed or has been repeated, and that the violation(s) should b referred to the Special Magistrate for a Public Hearing. Signature: N Printed Name: Theresa Ro , driguez Title: Date: jagge-M "WWOOM 141MV] 0111 rAN MIZA31101 03/18/2024 407-905-3100 ext 10051 The foregoing instrument was acknowledged before me by means of 4ysical presence or 0 online notarization, this 181h day of March , 20 24 -by Theresa Rodriguez as Code Enforcement Officer of City of Ocoee ., who is personally known to me. 9M..... ...... JUSTIN AIERAS Notary Public - State of Florida Commission # HH 292122 AY Comm, Expire, Jul 25, 2026 Bonded through National Notary Assn, Notary Public Tj I 1 22- My Commission expires: - 4/18/24, 8:11 AM USPS.com@ - USPS Tracking® Results Tracking Number: Remove X 9589071052701236609620 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) V.lr--rJWF—T# =gk. - Your item was delivered to an individual at the address at 4:19 pm on March 20, 2024 in ORLANDO, FL 32836. USPS Tracking Plus@ Delivered ORLANDO, FL 32836 -n March 20, 2024, 4:19 pm (D (D Cm Cr See All Tracking History W 0 X, A0111,1711 F 11 111 -1 i I Text & Email Updates USPS Tracking Plush M Track Another Package Enter tracking or barcode numbers https:lltools.usps.com/gofTrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabels=9589-0710-5270-1236-6096-20�/`2C&tABt=false 1/2 C ""ODE CASE HISTORY RESPONDENT: WEST OAKS MALL Fl, LLC CASE # 2024-00766 Location/Address: 9401 W COLONIAL DR Violation Cited: § 150-20.A. §1 50-20.A. — Draining Waste (Grease) Into The Stormwater System. Officer: RODRIGUEZ Date Observed: MARCH 13,2024 Compliance Date: MARCH 20,2024 Timeline 03/13/24 Notice of Code Violation 9589-0710-5270-1236-6095-83 9589-0710-5270-1236-6095-90 03/27/24 Notice of Hearing 9589-0710-5270-1236-6098-35 9589-0710-5270-1236-6098-42 9589-0710-5270-1236-6098-59 Re -Inspection Date: 03/21/24 Delivered 03/19/24 Returned 03/26/24 Meeting Date: 04/18/24 Delivered 04/03/24 Returned 03/29/24 In Transit 04/02/24 3/25/24, 10:36 AM 9401 W Colonial Dr Property Record - 21-22-28- Orange County Property Appraiser - http://www.ocpafl.org 9140-00-050 Property Summary as of 03/25/2024 Property Name West Oaks Mall Names West Oaks Mall Fl LLC Municipality OCO - Ocoee Property Use 1500 - Retail Reg Mall I 2 WEST OAKS MALL 38/24 LOT 5 Mailing Address 9101 Alta Dr Unit 1801 Las Vegas, NV 89145-8546 Physical Address 9401 W Colonial Dr Ocoee, FL 34761 https:Hocpaservices.ocpafl.org/Searches/ParcelinfoPrinterFriendly,aspxlPFSettings/AAOABOADOAEOBAOBBOBCOBDOBEOCAl CDOCBOCCOCEODAO... 1/1 City of Ocoee 1N. 8!ufondAve. City ofOcoee, FL34761 /407\805-3100 WEST OAKS MALL FLLLC ]ERKMAN[H|CKEN YOU ARE NOTIFIED, pursuant to Chapter 7.6 of the Code of Ordinances of the City of Ocoee, that the following violations of the Code of the City of Ocoee have been noted with respect to the property identified above: The violation(s) was observed by Mr. Henry Manwill, Operation Supervisor for West Oak Mall, the undersigned, on 03/13/2024. Violation Findings Code Violated Remedial Actions Draining waste (grease) into Chapter 150 - STORMWATER Stop discharging waste/pollutant the stormwater system MANAGEMENT (grease) immediately into the stormwater system Description of Code ARTICLE 11 - Pollutant Discharge §15O-2O.'Discharge ofpolluting matter innatural waters prohibited. It shall be unlawful for any person to knowingly drain, deposit, place or otherwise directly discharge into any natural waters, receiving waters, outlets orstornovvater management systems within the City orto cause or permit to be drained, deposited, placed or otherwise discharged into such natural waters, receiving waters, outlets or stormwater management systems any organic or inorganic matter which causes or tends to cause pollution. Polluting matter includes, but is not limited to, the following: A Petroleum product including but notlimited t oil, gasoline and grease. YOU HAVE UNTIL tncorrect the vio|adon(s)described above to comply with the Code. Failure to comply by this date will result in the commencement of appropriate enforcement action, including a possible fine, not to exceed $250.00 per day for each day the violation continues past the date set by the Code Enforcement Board for compliance, and in addition, the fine may include costs incurred by the City under certain circumstances. Our intention is not to punish the property owner, but to ensure that it comes into compliance bycorrecting the vio|ation/«\. The burden rests upon you to request a re -inspection in order to determine whether the property has been brought into compliance. I certify that a copy hereof has been sent, CERTIFIED MAIL AND HAND DELIVERED to each address named above on 03/13/2024. Name: Theresa Rodriguez Title: Code Enforcement Officer Date: 03/13/2024 Telephone: /407\906-3100ext 1079 4/18/24, 8:46 AM USPS.com@ - USPS Tracking® Results Tracking Number: —WOM-Irprepa.1-m- 22� Your package is moving within the USPS network and is on track to be delivered to its final destination. it is currently in transit to the next facility. rimAlt �Tjt• - USPS Tracking Pluse Moving Through Network In Transit to Next Facility March 26, 2024 -n (D CD a Cr Arrived at USPS Regional Facility W 0 X" I N TO-W-11 0 March 21, 2024,1:41 pm IPT =m March 21, 024.5 am ;Arrived at USPS Regional Facility March 2 ;0, 2024, 601 pm Insufficient Address OCOEE, FL 34761 March 16, 2024,11-25 am https:Htools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589-0710-5270-1236-6095-90`/`2C&tABt=false 1/2 4n8m4,e:46xw uaPs.com@)-uopsTraokno@Results (lBLANDDFLDISTRIBUTION CENTER March 1S'2O24,S:O7prn � Arrived et[/SPSRegional Facility DRLANDDFLDISTRIBUTION CENTER March 14'2O24'11:42pm 0 Hide Tracking History EmailText & Product Information Track Another Package Enter tracking orbarcodenunnberm mtpu:llmols.o-5urn-1am .n m nj M ti nj C3 M Er Cc Ln rr 4/18/24, 8:44 AM USPS.com@ - USPS Tracking@ Results Tracking Number: Remove X 9589071052701236609583 Copy Add to Informed Delivery (https:Hinformeddelivery.usps.com/) Latest Update Your item was delivered to the front desk, reception area, or mail room at 3:02 pm on March 19, 2024 in LAS VEGAS, NV 89145. Get More Out of USPS Trackinz USPS Tracking Plui i Delivered LAS VEGAS, NV 89145 71 March 19, 2024, 3:02 pm (D (D CL Cr See All Tracking History W 0 X" IN WAr Track Another Package Enter tracking or barcode nurnbers hftps:lltools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589-0710-5270-1236-6095-83`/`2C&tABt=false 1/2 • � I� M� III �..' ► � i ! i M ! �r n • l■ NTMItirm, Respondent (X Statement of Violations(copyattached) Affidavit of Non -Compliance (copy attached) Application to Foreclose (copy attached) You have the right to appear before the Magistrate in person, the right to present evidence relevant to the matter under consideration by the Magistrate, the right to subpoena witnesses to testify at the hearing, and the right to be represented before the Magistrate by a lawyer at your own expense. ( X) If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction, the case may be presented to the Magistrate by a lawyer at your own expense. Because this is 6 repeat violation, the case may be presented to the Magistrate even if the violation has been corrected prior to the Magistrate hearing. Because the violation(s) are considered to be irreparable or irreversible in nature, the case may be presented to the Magistrate even if the violation(s) has been corrected prior to the Magistrate if a person decides to appeal any decision made bythe Magistrate with respect to any matter considered at the hearing, such person will need a record of the proceedings, and for such purpose, such person may need upon which the appeal is to be based, :► . ,�. * « Dated: 03/27/2024 clerk of the Board JUSTIN MIERA 1 !1 +. M' :" Alit 1 • Respondent Pursuant to the Chapter 7.6 of the Code of Ordinances of the City of Ocoee, the� undersigned Code •' 1, states the following•ei certain violation(s)of "e Code if the City of i.. Florida, t 'riereby requests a public hearing before the Special Magistrate of the City of Ocoee: 1. Name and address of owner/person in charge of location where violation(s) existed: WEST OAKS MALL FL LLC 9101 ALTA DR UNIT 1801 LAS VEAS, NV 89145 EMITEL PROPHETE 2435 DEERMEDOW DR APOPKA, FL 3270 w 2. Location/address where violation(s) existed: 9401 W COLONIAL DR Description of violation(s): Violation Findings I eu p p violate rredial Draining 'W r u nto the u • Vu"II, aimmediately�into the Stormwater System Code Violated Description of Code Chaptert • Pollutant Management1 1 ` of •• prohibited. shall be• person�•knowingly�• deposit,`• - or • • unlawful discharge into any natural waters, receiving waters, outlets or stormwater management systems within the City or to cause or permit to be drained, deposited, placed or otherwise discharged into such natural waters, receiving waters, outlets or stormwater management systems any organic or • or • to cause pollution. Polluting matter includes, but IS hot limited to, the following: A. Petroleum products, including but not Jimited to_oil, pso irle and grease. Based on the foregoing, I certify that the violation(s) described above has existed or has been repeated, and that the violation(s) should be reterred to the Special Magistrate for a Public Hearing. Signature: Printed Name: Theresa Rodrig ez Title: Code Enforcement Officer Date: 03/27/2024 Telephone: 407-905-3100 ext 1079 1401110 IWAN Z01 ` EnforcementThe foregoing instrument was acknowledged before me by means of I physical presence or 0 online th < notarization, this 25 day of March 20 24 by — Theresa Rodriguez as Code Officer of of Ocoee • is personally knownto ��.is Notary Public Notaryjig, U - of Florida M Commission ex ��-.. Commission 2- Ay�Comm. Expires1 « i�ded through National Notary 4/18/24, 8:47 AM USPS.com@ - USPS Tracking® Results A Tracking Number: Remove X 9589071052701236609835 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) � �16 *� FM - Your item was delivered to the front desk, reception area, or mail room at 2:07 pm on April 3, 2024 in LAS VEGAS, NV 89145. 17 USPS Tracking Plus@ I 7T-4ft =-- k Delivered, Front Desk/Reception/Mail Room LAS VEGAS, NV 89145 April 3, 2024, 2:07 pm (D (D CL Cr See All Tracking History W 0 A, g 7111 C. I'll , :�!Ilj III Ill I WIM Iii III !,1 1111 1f---r—lW.0UA=tqjTP#F=- z U�=�W FOU"UNINTOT.IlM. T Track Another Package it tracking or barcode numbers M 0 0 https:Htools.usps.com/gofTrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589-0710-5270-1236-6098-35%2C&tABt=false 1/2 4/18/24, 8:50 AM USPS.com@ - USPS Tracking@ Results Tracking Number: Remove X 9589071052701236609842 Copy Add to Informed Delivery (hftps:Hinformeddelivery.usps.com/) Your item was delivered to an individual at the address at 2:49 pm on March 29, 2024 in OCOEE, FL 34761. USPS Tracking Plus@ Delivered Delivered, Left with Individual OCOEE, FL 34761 March 29, 2024, 2:49 pm (D (D CL Cr W See All Tracking History 0 77 Text & Email Updates USPS Tracking Plus@ Product Information Track Another Package Enter tracking or barcode numbers https:lltools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=9589-0710-5270-1236-6098-42`/`2C&tABt=false 1/2 2 CD 03 rw CZ) J Lf a CIA 4, 1-& Z 01 'A r m a ;KID cc z too sir ni WON A ti, 1) to CO i y N= Er C3 EEL m ru X Xi SEE I C3 Uj Ask r- nu Q0 r� U') CQ - J 0 e 0 m R in C3 UL r,4 < 3: LLP 0 C3 mommummmmmm Maulgaaa Ne A CS uw (0 to or a di Qu 0 Lr) rr w C �O >4) < PkU) ,vo Lei 0 CO VA 0 t 0 0 ZIZ u 0 yTx unna.c^m@-uoPoTmvkno@Results Tracking Number: Your packagehsnlovOgvvithintheU8PSnotwxorkandioontnachtnbedeUveredtohofina|deatneton.It is currently in transit to the next facility. Preparing for Delivery Cr rhoving-Through Network In Transit to Next Facility Arrived at I'SPS Regional Facility LAKE MARY FIL DISTRIBUTION CENT Arrived at USPS Regional Facility httpa:lltvolousps.o-5u701 1/2