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HomeMy WebLinkAbout01-22-2008 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JANUARY 22, 2008 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 p.m. in the Commission Chambers at City Hall. Member Lowery led the Invocation and Member Ballard led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice Chair Chancey, Members Ballard, M. Godek, Lowery, Stanley, Alternate Member Alexander, and Alternate Member Elliott. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Siegrist, Code Enforcement Officer Rodriguez, Division Chief Stanley, Permitting Clerk Everett, Permitting Clerk II Hall, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Member Sais was absent excused. GUESTS: None. Permitting Clerk Everett administered the oath to Code Enforcement Supervisor Loeffler, Code Enforcement Officer Siegrist, Code Enforcement Officer Rodriguez, Division Chief Stanley, Permitting Clerk II Hall, 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. *Note: Consent Agenda was amended. A. Minutes of the November 27,2007, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 08-002, 08-006, 08-007, 08-0l0F, 08- Ol6F, 08-040, and 08-043 were transferred to consent.) Case Number Respondent Location of Violation 1. 07-133F Odilon Rameriz 42 Shell Key Court 2. 07-135F Telles P. and Cabrera J. Alva 26 Coquina Key Drive 3. 07-167 Alberto and Priscilla Layag 2018 Hedgerow Circle 4. 07 -216 Steve and Glenda Kelly 602 Spring Lake Circle 5. 07-218 Pham Uyen 109 W, Oakland Street 6. 08-002 Roopaindra and Sabita Prashad 1834 Palmerston Circle Code Enforcement Board Minutes January 22, 2008 7. 08-004 8. 08-005 9. 08-006 10. 08-007 11. 08-008 12. 08-0 !OF 13.08-016F 14.08-021 15. 08-023 16. 08-026 17. 08-027 18. 08-028 19.08-029 20. 08-030 21. 08-031 22. 08-032 23.08-034 24.08-035 25. 08-037 26. 08-040 27.08-041 28.08-043 29. 08-044 30. 08-045 Persaud, Nyman & Sears Home 1664 Cassingham Circle Schaarschmidt, J.R. Crain, Dixie 1618 Glenhaven Circle Paul M. and Dorothy Gray 415 E. Lakeshore Drive Paul M. and Dorothy Gray 415 E. Lakeshore Drive Michell Ramos 1 Lakeview Street Jesus and Esperanza Torres 58 Periwinkle Key Drive Javier and Ana Garcia 63 Periwinkle Key Drive William C. Bouverie & Del Air 2676 Elwick Street Joseph Stern and Laurie Wright 304 Sterling Lake Drive Rafael and Irma Fernandez 422 Little Spring Hill Dr. Timothy D. and Joyce A. Fake 707 E. Lakeshore Drive Amy Bass & Amergas 402 Sterling Lkae Drive Melissa Burnett 1235 Russell Drive Mohamed & Guddi Noorhassen 2400 Laurel Blossom Cir. HSPC Bank USA 494 Pickwood Court Louis& Concetta Saravo, Award 6936 Logjam Court Douglas & Theresa Ringhold, Alpha 422 E. Lakeshore Drive Cesar and Judith Canelo, Award 1780 Cassingham Circle Christopher Little 1892 Rachels Ridge Loop Vazquez, Roman, Webster Air &Heat 707 Kellys Cove James& Michelle Teague Crums 1609 Jemima Avenue Sports Invest., Inc. c/o William 2291 West Road Juan T. Patino and Yadira Vasquez 2000 Lauren Beth Avenue L.F. Roper Trust 112 Geneva Street C. Order of Continuance (February 26, 2008, Meeting). (Case Numbers 08-003, 08- Ol2F, 08-14F, 08-0l5F, 08-0l7F, 08-022, 08-024, 08-033, 08-038, 08-039, and 08-042 were transferred to Consent). Case Number Respondent Location of Violation 1. 08-003 Akm & Christine Hussain, J&J Fence901 Nola Drive 2. 08-009 Marlene Gonzalez and Arturo Barzagl004 Marlene Drive 3. 08-012F Fernando and Maria Rodriguez 7 W. Circle Key Drive 4. 08-014F Jose M. and Maria C. Valdovinos 107 E. Circle Key Drive 5. 08-015F Francisco Laborico 115 Cokles Key Court 6. 08-017F Faye Moody 117 Sandy Key Court 7. 08-022 Uyen Pham, Tod Orazi Heating and 109 W. Oakland Street 8. 08-024 Charbel A. and Norma Saab, Amerig 114 Braelock Drive 9. 08-033 Daniel and Angela Deszell 1409 DarIa Street 10.08-038 Thomas and Kim Monks 1246 Russell Drive 11. 08-039 Anthony G. and Tamathy D. Adams 626 Apricot drive 12.08-042 Antonio Harmon and Kimberly Heard728 N. Lakewood Avenue i I Page 2 of9 Code Enforcement Board Minutes January 22, 2008 Vice Chair Chancey. seconded bv Member Ballard, moved to approve the Consent A!!enda with the amendments presented bv Staff. Motion carried unanimous Iv. Officer Loeffler announced that Permitting Clerk II Hall was present since several cases that they are presenting are related to permitting issues and her expertise may be needed. 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, SOY - STATEMENT OF VIOLATION (S) and WD - WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 08-001 - Pamela Monetti, Air Comfort of Florida Inc. c/o David Blumberg and Linda Smith 6825 Sawmill Blvd. Officer Rodriguez Violation Cited: 105.4 11-19-07 NOCV Re-Inspection Date: 12-06-07 12-12-07 SOY 12-12-07 NOH Meeting Date: 01-22-08 12-12-07 POS Regular and Certified Mail Observation: Failure to obtain any required inspections for a Mechanical change out, permit #0602241, issued on September 12,2006. Officer Rodriguez gave a detailed history of the case and further stated the contractor was supposed to be present tonight to explain why they failed to have a final inspection. Since the contractor was not present Officer Rodriguez stated she believes the contractor may be having a hard time with getting a hold of the owners and getting onto the property to correct the issue. Officer Loeffler stated it seems that this case may be an issue of the contractor trying to make an effort to come into compliance but the client/property owner is not. Member Ballard inquired if they are aware if the owner is living on the premises. Officer Rodriguez stated owner is living on premises and the Water Department has verified as well that she is living at that residence. Chairman Godek inquired if the contractor has informed the City that they have corrected all the issues. Officer Rodriguez stated the situation is that the contractor can not fix the issue because the owner is not returning their calls. Member M. Page 3 of9 Code Enforcement Board Minutes January 22, 2008 Godek verified that the permit was originally issued in September 2006 and inquired if the City normally leaves permits open that long. Officer Loeffler stated the building department sends out courtesy notices before it comes before Code Enforcement and after the permit expires. Member M. Godek further inquired if the City gives finals on expired permits. Permitting Clerk II Hall stated they have in the past but what they are really trying to accomplish is closing out the permit. Officer Loeffler added that the Building Official can allow an extension on permits. Member Ballard stated it seems that the contractor did not do their job right in the beginning and they are taking the contractors word that they contacted the owners. Officer Rodriguez stated that is why she indicated to the contractor to be present so that he could give his testimony. Officer Loeffler added that the contractor has contacted the City and the property owner has not. Vice Chair Chancey. seconded bv Member M. Godek. moved in Case Number 08-00l to find the respondents in violation as cited as of December 3. 2007. and be {liven until February 8, 2008. to comvlv or be fined $lOO/ a dav thereafter. Motion carried unanimouslv, Case No. 08-011F - Alfonso and Imelda C. Torres 101 Cockles Key Drive Violation Cited: NFPA 6.6.2.1 10-09-07 NOCV Re-Inspection Date: 12-19-07 12-28-07 SOY 12-28-07 NOH Meeting Date: 01-22-08 12-28-07 POS Certified Mail Observation: Improper storage ofLP tank. Division Chief Stanley Division Chief Stanley gave a brief history of the case and provided exhibits. He further stated the property is still in non-compliance. Alternate Member Alexander inquired if the way the tank is currently installed if it was a danger to the owners. Division Chief Stanley stated it is because the moisture in the ground can cause detriment to the tank. Member Ballard, seconded bv Member M. Godek, moved in Case Number 08-0llF to find the resvondents in violation as cited as of October 26. 2007. and be given until February 8. 2008, to comvlv or be fined $50/ a dav thereafter. Member Stan lev, seconded bv Alternate Member Alexander, moved to amend the vrevious motion to raise the fine from $50 to $lOO/ a dav thereafter. Motion carried 5-2 with Chairman Godek and Vice Chair Chancev opposin{l. Member Ballard, seconded bv Member M. Godek, moved in Case Number 08-011F to find the respondents in violation as cited as of October 26. 2007, and be {liven until Februarv 8. Page 4 of9 Code Enforcement Board Minutes January 22, 2008 2008. to complv or be fined $lOO/ a dav thereafter. Motion carries unanimouslv. Case No. 08-013F - Eloy Nieto Gomez 41 Shell Key Court Division Chief Stanley Violation Cited: NFPA 5.8.4, 6.6.2.1 11-29-07 NOcV Re-Inspection Date: 12-19-07 12-26-07 SOY 12-26-07 NOH Meeting Date: 01-22-08 12-26-07 POS Certified Mail Observation: Single stage regulator in use, improper storage ofLP tank, improper hose and connection to tank. Division Chief Stanley gave a brief history of the case and provided exhibits. He further stated the property is still in non-compliance. Member M. Godek, seconded bv Member Ballard. moved in Case Number 08-0l3F to find the respondent in violation as cited as of December 19, 2007, and be given until February 8, 2008, to comvlv or be fined $l 00/ a dav thereafter. Motion carries unanimouslv. Case No. 08-025 - Paul Schwartz 5022 Lighterwood Court Officer Rodriguez Violation Cited: 105.4 11-14-07 NOcV Re-Inspection Date: 11-29-07 12-12-07 SOY 12-12-07 NOH Meeting Date: 01-22-08 12-12-07 POS Regular and Certified Mail Observation: Failure to obtain fmal inspection on windows replacement, permit #0700485 issued on March 26, 2007, and expired September 22,2007, Officer Rodriguez gave a brief history of the case and further stated the owner has not contacted the Building or Code Enforcement Department. Vice Chair Chancey, seconded bv Member Ballard, moved in Case Number 08-025 to find the resvondent in violation as cited as of November 28. 2007, and be given until February 8. 2008, to complv or be fined $l 00/ a dav thereafter. Motion carries unanimouslv. Case No. 08-036 - Joni C. Arevalo 902 Perce Street Officer Rodriguez Violation Cited: 105.4 11-20-07 NOcV Re-Inspection Date: 12-10-07 12-19-07 SOY 12-19-07 NOH Meeting Date: 01-22-08 12-19-07 POS Regular and Certified Mail Observation: Failure to obtain any required fmal inspections for a shed, permit #0502454, issued on August 10, 2005. Officer Rodriguez gave a brief history of the case and further stated the owner has failed to Page 5 of9 Code Enforcement Board Minutes January 22, 2008 call for final electrical inspection. Member M. Godek, seconded bv Member Stanley, moved in Case Number 08-036 to find the respondent in violation as cited as of December 6, 2007, and be given until February l3, 2008, to complv or be fined $l50/ a dav thereafter. Motion carries unanimouslv. OTHER BUSINESS Case No. 07-153 - James C. and Myrna R. Rodgers 1005 Ursula Street Violation Cited: 51-13 07-13-07 NOCV 08-07-07 SOY 08-07-07 NOH 08-07-07 POS 08-17 -07 POS 08-28-07 CO 09-05-07 POS 10-09-07 ANC 10-23-07 CO 10-30-07 POS 11-27-07 CO 01-07-08 AOC Observation: Work without pennit. Room addition east side of house. Officer Siegrist Re-Inspection Date: 08-01-07 Meeting Date: 08-28-07 Certified Mail Hand Delivery Given until 1 0-08-07 to comply or be fmed $150 per day Regular and Certified Mail Extended until 11-26-07 Regular and Certified Mail Extended until 01-02-08 Chairman Godek stated they have an affidavit of compliance and inquired about the 5 days of non-compliance and if the City wanted them to impose fine. Officer Siegrist stated the respondent took down the structure and he did not want the board to impose fine. Case No. 07-201- Eric Daniels and Sharon Smith 2008 Orchard Park Drive Violation Cited: 115-6 09-14-07 NOCV 11-01-07 SOY 11-01-07 NOH 11-01-07 POS 11-14-07 POS 11-27-07 CO 12-07-07 ANC Observation: Swimming pool dirty and green. Officer Rodriguez Re-Inspection Date: 09-24-07 Meeting Date: 11-27-07 Regular and Certified Mail Posting Given until 12-04-07 to comply or be fmed $250/ a day Officer Rodriguez stated property is not in compliance and is before the board to impose fine. To date the property has accrued fines up to 47 days and will continue to accrue until compliance is met. Member M. Godek, seconded bv Member Ballard, moved in Case Number 07-20l to impose fine of$250/ a dav effective as of December 5, 2007. Motion carries unanimouslv. Page 6 of9 Code Enforcement Board Minutes January 22, 2008 Case No. 07-208 - Mark and Janet Peach 1400 Samantha Street Violation Cited: 115-5 10-08-07 NOCV 11-01-07 SOY 11-01-07 NOH 11-01-07 POS 11-27-07 CO Officer Siegrist Re-Inspection Date: 10-24-07 Meeting Date: 11-27-07 Regular and Certified Mail Given until 12-07-07 to comply or be fmed $250/ a day. Authorized City to mow. 12-10-07 ANC 12-19-07 AC Mowed by Groundtek. Cost $276.00 Observation: Weed/grass growth over 10". Member M. Godek. seconded bv Member Lowerv. moved in Case Number 07-208 to impose fine of $250/ a dav effective December 8, 2007. and collect cost of $276. 00 for abatement, Motion carried unanimouslv. Case No. 07-209 - Jose A. and Rosa E. Rodriguez 1505 Foxfire Drive Violation Cited: 43-8,43-7 10-03-07 NOCV 10-30-07 SOY 10-30-07 NOH 10-30-07 POS 10-31-07 POS 11-27-07 CO 12-08-07 AOC Observation: Prohibited animals (farm animals) within residential area. Property in compliance. Officer Loeffler Re-Inspection Date: 10-19-07 Meeting Date: 11-27-07 Regular and Certified Mail Hand Delivery Given until 12-07 -07 to comply or be fmed $100/ a day Case No. 07-211- LP Morgan Chase BanksNA c/o Fidelity/Homecomings LLC 2224 Twisted Pine Road Officer Rodriguez Violation Cited: 115-5, 115-6 10-10-07 NOCV 11-01-07 SOY 11-01-07 NOH 11-01-07 POS 11-27-07 CO 12-07-07 ANC Observation: Overgrown grass/weeds. Swimming pool dirty and green. Re-Inspection Date: 10-24-07 Meeting Date: 11-27-07 Regular and Certified Mail Given until 12-07-07 to comply (115-6) or be fined $250/ a day Member M. Godek. seconded hv Member Ballard, moved in Case Number 07-2ll to impose fine of$250/ a dav effective December 8, 2007. Motion carried unanimouslv. Page 7 of9 Code Enforcement Board Minutes January 22, 2008 Case No. 07-213 - Bernadette McCoy and Pedro Munez 809 Doreen Avenue Officer Delgado Violation Cited: 165-3 10-22-07 NOCV 11-02-07 SOY 11-02-07 NOH 11-02-07 POS 11-27-07 CO 12-07-07 AOC Observation: Three (3) Untagged/Inoperable vehicles, Property in compliance. Re-Inspection Date: 11-01-07 Meeting Date: 11-27-07 Regular and Certified Mail Given until 12-07-07 to comply or be fmed $50/ a day Case No. 07-214 - Ida Kay Smith 1203 Oakwood Lane Violation Cited: 115-5 10-17-07 NOCV 11-02-07 SOY 11-02-07 NOH 11-02-07 POS 11-27-07 CO Officer Delgado Re- Inspection Date: 10-31-07 Meeting Date: 11-27-07 Regular and Certified Mail Given until 12-07-07 to comply or be fmed $250/ a day. Authorize City to mow. 01-11-08 AOC Mowed by Groundtek. Cost $250. Observation: Overgrown grass/weeds. Swimming pool dirty and green. House vacant. Member M. Godek. seconded bv Member Ballard, moved in Case Number 07-2l4 to impose fine of $250/ a dav effective December 8. 2007, throuIlh January ll. 2008, and collect cost of $250.00 for abatement. Motion carried unanimouslv. Case No. 07-219 - Erlinda Moncada and Juan Rivera 2312 Wickdale Court Violation Cited: 115-5 10-31-07 NOCV 11-14-07 SOY 11-14-07 NOH 11-14-07 POS 11-14-07 POS 11-27-07 CO 01-10-08 AOC Observation: Overgrown grass/weeds. Officer Delgado Re-Inspection Date: 11-12-07 Meeting Date: 11-27-07 Regular and Certified Mail Posting Given until 12-07-07 to comply or be fmed $250/ a day Officer Loeffler stated they were in compliance as of January 10, 2008, and the case is before the board to impose fine. Page 8 of9 Code Enforcement Board Minutes January 22, 2008 Member Ballard. seconded bv Member Lowery, moved in Case Number 07-2l9 to impose fine of $250/ a dav effective December 8, 2007, through Januarv lO, 2008. Motion carried unanimous/v. COMMENTS Alternate Member Alexander stated it was great to be here and this was a learning expenence. Officer Loeffler stated they will be presenting a lot more cases where permits were not closed out. Member Lowery stated the Fire Department is doing an excellent job. Chairman Godek welcomed the two newest members. ADJOURNMENT Meeting adjourned at 7:49 p.m. Melanie I bitt, Deputy City Clerk AP:~ Robert Godek, Chairman ../ Page 9 of9