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Home My WebLink AboutItem #11 Request for Reduction of Fine and Release of Lien - Case No. 05-068 AGENDA ITEM COVER SHEET Meeting Date: March 18, 2008 Item # / / Contact Name: Contact Number: Ralph W. Jones III R~ (407) 905-3104 Reviewed By: Department Director: City Manager: ~- Subject: Request for Reduction of Fine and Release of Lien Code Enforcement Board Case No. 05-068, Charles and Patsy Butterfield, Background Summary: On June 22, 2005, Code Enforcement Officer Robert Siegrist observed violations of city code on the property located at 716 Crystal Drive, Ocoee, Florida. The violations observed were dirty swimming pool water and misc. trash/debris. A Notice of Code Violation and a Notice of Hearing were sent to the property owner, Charles and Patsy Butterfield, on July 19, 2005 to appear at the Code Enforcement Board on July 26, 2005. A Compliance Order was issued by the Code Enforcement Board giving the Respondent until August 02, 2005 to comply or pay a fine of $250.00 per day until the property was brought into compliance. An order Imposing Fine and Lien was ordered at the Code Enforcement Board Meeting on August 23, 2005. The fine accrued daily until the property was re- inspected on April 04, 2006 and found in compliance. The total amount of the fine is $61,000.00. Issue: Should the Honorable Mayor and City Commission consider the property owner's request for a reduction of fines and release of lien on Code Enforcement Board Case No. 05-068 established on June 22, 2005, at 716 Crystal Drive, Ocoee, Florida? Recommendations: The Code Enforcement Board recommended a reduction of fines to $2,000.00 if paid within 30 days of the Commission's approval or revert back to the original amount. It is staff's recommendation to support the decision made by the Code Enforcement Board. Attachments: 05-068 Docket and Request for Rehearing/ Reduction of fine Financial Impact: The recommendation of the Code Enforcement Board would compensate the city for time and processing expenses associated with this case. Type of Item: (please mark with an "x') Public Hearing Ordinance First Reading _ Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Deat Use: _ Consent Agenda _ Public Hearing _ Regular Agenda Original Document/Contract Attached for Execution by City Clerk ~ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) X N/A X N/A N/A ~ CITY OF OCOEE CASE HISTORY RESPONDENT: Charles and Patsy Butterfield CASE NUMBER 05-068 Location! address: 716 Crystal Drive. Ocoee Violation Cited: 115-6; 115-3 Officer: Robert Siegrist Date Observed: June 22, 2005 ComDUance Date: 07-05-05 Service Type: Mail '7003 2260 0001 92437974) Received on: Observation: Dirty swimming pool water, and misc. trash and debris. DOCKET 06-23-05 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07-08-05 CDR 07-19-05 STATEMENT OF VIOLATIONS CDR 07-19-05 NOTICE OF HEARING MEETING DATE: 07-26-05 CDR 07-1905 PROOF OF SERVICE CERTIFIED MAIL CDR 07-26-05 COMPLIANCE ORDER GIVEN UNTIL 08-02-05 OR PAY CDR $250,00 PER DAY 08-04-05 AFFIDAVIT OF NON-COMPLIANCE CDR 08-23-05 ORDER IMPOSING FINE CDR TOTAL DUE $61,000.00 02-26-08 REQUEST FOR REHEARING/ 8-3-05 TO 4-4-06 244 DAYS @ REDUCTION OF FINE $250.00 A DAY BLE BOARD RECOMMENDS TO REDUCE FINE TO $2000.00 IF PAID WITHIN 30 DAYS OF COMMISSION'S APPROY AL ~ Jan 25 08 03:18p p.5 CODE ENFORCEMENT BOARD CITY OF OCOEE 150 NORTH LAKESHORE DRIVE OcOEE, FLORIDA 34761 CEB Case No, 0 S - obg REQUEST FOR RE-HEARlNGIREDUCTION OF FINE INSTRUCTIONS: Please indicate if you are requesting to have your case re-heard or if you are reque:lting a reduction of fine. Please fill this form out completely. Be specific when writing your statement. Please return this form to the Code Enforcement Board Clerk within 15 days prior to the next regularly scheduled Code Enforcement Board Meeting. The request will then be presented to the Board at the next regularly scheduled meeting for consideration. If you have any questions, please call t!le Code Enforcement Board Clerk, Brandy Everett at (407) 905-3100 extension 1002. Check one: [ ] Request for Re-hearing M Request for Reduction of Fine Property Owner's Name c.~ (' (I e ) BI)"t Je.,. F,'~ r J (rys'+<:, I I JL, t)civt" , O(~~e . rf. ~'t7'1 . 467- S7? -lr9~ Property Address Phone Number where you can be reached during the day? Is the property now in compliance L Yes _No (if no, explain in detail) ~ hen huan in (l~I.R1\){{).~ If the property owner is unable to complete th is form, list name of person who is authorized to act for the Property Owner, their relationship, and attach notarized power-of-attorney: Date of original CEB Meeting 1- o.lP - 6 5 ~- ~ - a ~ ~\)~ Compliance Date Specified by Board Penalty Issued by Board ~ a 5b. () c.) You are encouraged to attend tl.e next Board meeting on the date scheduled so thai you can be present while your requestfur a re-hearing or fine reduction is considered.lfyou are present, and the Board grants a re-hearing, the Board may decide to permit you to present your case that night, or may decide to re-hear your case on a subsequent date for which you will be provided notice at a later dale. If you are not present you will be notlfled of the Board's decision on whether or not to grant you are. hearing, and if a re-hearing is granted, you will be notified for your re-hearing, You are encouraged to bring any evidence for Board consideration with you. Page 1 of2 ~ Jan 25 08 03:1Sp p.6 I, C-~<i.r'\~} K,tk(-ercl, do hereby submit this Petition in request for a [ ] Re-Hearing or I>fReduction of fine and in support offer the following new evidence: I :'..)$ U{Jr-~a)fJ(1 oflbe {J/U?S. {11hofl T rf("~lJld ihi f)~('j? ftt1m -fhf (!iy T ~I! malt s",,, all fJ"S' (,Jell ,,--:d f/;~t7) L,J-.;,) Rr at:fJ(()V~! !Ill -f-ttnr; -JkJ ,'5 '3"lJ,d thai )hu (}n~r Cr'f: g I~" oIlIy,aJ t-L€ h'mu Ikl I CJ4s ~''''J ;n a.d_ d,,-e -10 tJ /!w iki CleslriJ'l "!J flr~pq{ J'j . 1 Wrcs ~ 0'" '1 drr."'J~ ~ d h diU S <>1.' Ii ""J w.' tl Ii J""~ ('una r CUrt rI dy;; Ia /'-ud; /1' J () / ff7fln sl1rz OfJS lee! 8tJt2-I, D/{J(lj In,s, -hlnf T J<.J7c l,J :r Mjll- I cJ jili/J (7./c;~(/;J fhul :i' !<i?!?I..vZ pl,..? uf) ne/h'lj (l1it+Ju.:J e) _ ,/ I f tflt-J '5111 c1(t;,~j Il# o(Jol,6(.// KIds ,n rft- (}ifec ~aJ~ocLej / I ~ II dW/7, '7''''11I{1 i/ Pf,f tJien 7 SC?r.M.) II 7!,ir? (] fkv ,I- '-r ' trS,f,f {I Q r." '?7l ~ /2 Q/l/ fI~i Sf' oifnJ 1~f2- fA 1-<"- ,IdS;'! ,..;;1 ".hl1f Ar6-r/ #tZre, T )/;n/f hJd t1 skoL~ 04tcl rtLJ hckC#t/5 ht/ ;/tI. Z t2//l '~ cia ~' /i(/ A / itz$ a?,h j . tZ. fit c dI1 I It. f JU- I' .Itk . Date: ~/o f Signed: ~llr>. {3 ~1A JJ, Page 2 of2 MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 26, 2008 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:02 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, Lowery, Sais, and Alternate Member Alexander, Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Siegrist, Code Enforcement Officer Rodriguez, Division Chief Stanley, Permitting Clerk Everett, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Members M. Godek, Stanley, and Alternate Member Elliott were 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, 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 Wll..L 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 Wll..L BE CONSIDERED SEPARATELY. The Consent Agenda consisted of approval ofItems A, B and C. *Note: Consent Agenda was amended. A. Minutes ofthe January 22, 2008, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 08-012F, 08-015F, 08-017F, 08-038, 08-048, 08-049, 08-051, 08-052, and 08-057 were transferred to consent.) Case Number Respondent Location of Violation 1. 08-012F Fernando and Maria Rodriguez 7 W, Circle Key Drive 2, 08-015F Francisco Laborico 115 Cokles Key Court 3. 08-017F Faye Moody 117 Sandy Key Court 4, 08-022 Uyen Pham, Tod Orazi Heating& 109 W, Oakland Street 5, 08-024 Charbel A. and Norma Saab, Ameri 114 Braelock Drive 6, 08-033 Daniel and Angela Deszell 1409 DarIa Street Code Enforcement Board Minutes January 22, 2008 7, 08-038 8, 08-039 9. 08-046 10. 08-048 11. 08-049 12.08-050 13,08-051 14.08-052 15.08-054 16, 08-056 17. 08-057 18.08-058 19,08-059 20. 08-061 Thomas and Kim Monks 1246 Russell Drive Anthony G, and Tamathy D. Adams 626 Apricot Drive Carol A. Crowe 703 Ridgefield Avenue Donald Chambers, Century Air&Heat, Adam 13 61 Olympia Park Circle Robin Osman and Argentina Palma 1100 Oakwood Lane Maguire Groves, Art-Kraft Sign Co, 336 Moore Road Rene Romero 1847 Cassingham Circle Ida Kay Smith 1203 Oakwood Lane Maguire Groves, Scherer Const. 300 Moore Road Lanham Wholesale, First Financial 11953 W. Colonial Drive Anthony G. and Tamathy D. Adams 626 Apricot drive W,O, Mall, C & S Signs, Foot Locker9401 W.Colonial Dr,# 208 William Monk, Crums Climate Cont 335 Sterling Lake Circle West Oaks Mall, Cypress Sign 9401 W.Colonial Dr.# 320 C, Order of Continuance (March 25, 2008, Meeting). 055 were transferred to Consent). Case Number Respondent 1. 08-053 Richard Kohlmeier 2. 08-055 Jean Luxon Aurelien (Case Numbers 08-053 and 08- Location of Violation 465 Meadow Sweet Court 3304 Dozer Court Vice Chair Chancev. seconded bv Alternate Member Alexander. moved to avvrove the Consent Agenda with the amendments presented bv staff. Motion carried unanimous/v. Vice Chair Chancev. seconded bv Member Lowerv, moved to move uv the followinI! cases on the Consent Agenda. Case Numbers 08-047. 08-060, and 05-068. Motion carried unanimous/v. COMMENTS FROM CITIZENS None HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO TIIE HEARING RULES ADOPTED BY TIllS BOARD ON JUNE 27. 1995, VARIOUS DOCUMENTS ARE USED BY TIIE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN TIIE CASE TESTIMONY GIVEN BY TIIE CODE ENFORCEMENT OFFICER. IN TIIESE MINUTES TIIE 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-EXffiBITS, 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. Page 2 of 10 Code Enforcement Board Minutes January 22, 2008 HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 08-047 - Rex Weeks, John Holloway, and ABC Liquors 10835 W. Colonial Drive Officer Rodriguez Violation Cited: 105.4 12-11-07 NOCV Re-Inspection Date: 01-17-08 02-05-08 SOY 02-05-08 NOH Meeting Date: 02-26-08 02-05-08 POS Regular and Certified Mail Observation: Failure to obtain any required final inspections for a Monument Sign, permit #0700733, issued on February 20,2007. Officer Rodriguez gave a detailed history of the case and further stated, as of today, the property is in non-compliance. Keith Brown, Permit Coordinator for ABC Liquor, stated that several times when they were ready to put the sign up and call for an inspection the planner would inform them that the sign was not put up according to their approved plans. Mr. Brown informed the board that the ABC Liquor was currently put in a strip center so the monument sign should reflect ABC Liquor and the other tenants. He further stated Planner Howell said that he needed to meet with the City Attorney and City Manager to get clarification on the size of the sign that would be allowed. They revised the permit and today he received the approval from the Planning Department to go forward with the permit. Mr. Brown stated he thinks it should take about 30 days for the sign to be installed and ready for a final. Vice Chair Chancey inquired about the violation cited. Officer Rodriguez stated the violation was for an expired permit and not calling in for a final inspection. Officer Loeffler stated the City is requesting an extension from the board so the respondent will have time to comply. Member Lowery inquired from Mr. Brown as to how long it took the City to get back with him. Mr. Brown stated Officer Rodriguez was good at getting with him the only problem was when he was installing the sign the planner kept saying it was not up to code. Alternate Member Alexander inquired if they had met with the City's Planners before they issued the permit to go over what would be allowed, Mr. Brown stated he did meet with them but when they went to install it they were told it was wrong, Vice Chair Chancey inquired how much time he would need to final out the sign, Mr. Brown again stated 30 days would be good, Vice Chair Chancev. seconded bv Member Ballard. moved in Case Number 08-047 to find the resvondents in violation as cited as of Januarv 12. 2008, and be [liven until March 31. 2008, to comvlv or be fined $100/ a dav thereafter. Motion carried unanimouslv. Page 3 of 10 Code Enforcement Board Minutes January 22, 2008 Case No. 08-060 - Eze & Joan Leitch, Artesian Pools, Inc. c/o William Cooper, Alan Cooper, and Vicky Metts 364 Merlot Drive Officer Rodriguez Violation Cited: 105.4, 54-128g 01-28-08 NOCV Re-Inspection Date: 02-12-08 02-14-08 SOY 02-14-08 NOH Meeting Date: 02-26-08 02-14-08 POS Regular and Certified Mail Observation: Failure to obtain any required fma1 inspections for Pool & Spa, permit #0602784, issued on December 6,2006, and expired on June 4, 2007, and a $25.00 re-inspection fee is due. Officer Rodriguez gave a detailed history of the case and further stated as of today the property is in non-compliance, Officer Loeffier gave some background on the case stating this was an in-ground swimming pool where a contractor was hired and pulled a permit; however, the homeowner was out of state and has failed to pay the contractor. He stated the building official is asking to give an extension of 6 months and for the board members to please bear in mind that the contractor would finish the pool if they were being paid. City Attorney Sneed informed the board members that they have options and can set an extension time as to what they feel is reasonable. Eze Leitch, 364 Merlot Drive, stated he does work out of state, and gave a brief history on his move into Ocoee, He further stated the pool company started construction in January of 2007 and he had the misfortune of not having employment from February of 2007 until August of 2007. Mr. Leitch stated he is currently catching up on a number of bills, especially since his home was nearly foreclosed on. He further stated the problem with the pool has nothing to do with the contractor and feels if given more time he can possibly have the pool completed or he will just have to deal with his losses. Chairman Godek inquired if he could have things completed in 6 months. Member Ballard stated it was mentioned that it cost him $20,000 just to dig the hole in his yard. Mr. Leitch stated the pool is at the stage where the deck needs to be put in; everything else is already built into the pool. Mr. Leitch stated if given an extension he is prepared to put up a 4ft fence until the pool is completed so that there are no accidents from someone entering into his yard, Chairman Godek inquired if the fence was an issue and City Attorney Sneed reminded him that was not their issue tonight. Member Ballard stated that since he lives in an HOA he would need approval from them on the height and not approval from the Code Board. City Attorney Sneed reminded the board that they are not concerned with the HOA requirements but should be aware of what the City would allow. The homeowner would be responsible to check with his HOA. Alan Cooper, Artesian Pools, stated they have only collected $4000 from the homeowner and actually have the shell in the ground and plumbing. They have not put the deck because they were not receiving payments, He further stated they have been in contact with the building department and have asked for numerous extensions, He stated they are in a catch 22 and do Page 4 of 10 Code Enforcement Board Minutes January 22, 2008 not want the homeowner to foreclose on his home but would like to work with him. Mr. Cooper stated he can not say whether 6 months is enough since the homeowner has not come up with the money for them to finish the pool. He stated if the homeowner does pay them it should take a maximwn of 60 days to final out the pool. Vice Chair Chancev. seconded by Member Sais. moved in Case Number 08-060 to find the respondents in violation as cited as ofFebruarv 11.2008. and be given until July 31,2008, to comvlv or be fined $250/ a dav thereafter. Alternate Member Alexander inquired as to what happens if the owner decides he does not want to finish the pool. City Attorney Sneed stated the owner at any point can decide to have the shell removed and fill in the hole and then become in compliance. She stated they also have the option of coming before the board again to ask for a continuance of the compliance date. A brief discussion ensued regarding the condition of the sod in the front and side yard. After a brief discussion motion carried unanimouslv. Vice Chair Chancev. seconded by Member Lowerv. moved to re-hear Case Number 05-068 for request for reduction of fine. Motion carried unanimous Iv. Case No, 05-068 - Charles and Patsy Butterfield 716 Crystal Drive Violation Cited: 115-6; 115-3 06-23-05 NOCV 07-19-05 SOV 07-19-05 NOH 07-19-05 POS 07-26-05 CO 08-04-05 ANC 08-23-05 OIF 8-3-05 to 04-04-06 (244 days @ $250 a day) Total $61,000 02-26-08 Request for re-hearinglReduction offme Observation: Dirty swimming pool water, and misc. trash and debris. Officer Siegrist Re-Inspection Date: 07-08-05 Meeting Date: 07-26-05 Certified Mail Given until 08-02-05 or pay $250/per day Officer Siegrist gave a brief history of the case and stated the respondent came into compliance 244 days after compliance date, so $61,000 is due, Charles Butterfield, 716 Crystal Drive, stated his wife was sick and passed away and he did not know about the fine or lien. He stated he only makes about $1200/month on Social Security and can not afford to pay the fine, Mr, Butterfield stated he did not recall receiving any letter about coming into compliance, Chairman Godek inquired as to what prompted him to come into compliance in April of 2006. Mr. Butterfield explained that in April of 2006 he drained and cleaned the pool and put a fence around it because that is when he was going to move back into the home. Member Ballard inquired why he is finding out about this almost 2 years later, Mr. Butterfield stated he was not aware of the fine until he went to Page 5 of 10 Code Enforcement Board Minutes January 22, 2008 get a loan and he was told he had a lien on his home. City Attorney Sneed stated for the board's knowledge they did have a green card receipt for certified mail dated July 2, 2005, signed by Teresa Butterfield. She further stated that the letter received was for the notice of hearing. Member Ballard asked how is the respondent notified of the fine once it is imposed. City Attorney Sneed replied by certified or regular mail. She further stated in this case they were sent regular mail and they were returned. Alternate Member Alexander inquired if there are other people living in the house. She further inquired if in the past someone else could have possibly been picking up his mail and not giving it to him. City Attorney Sneed stated that in looking at the returned letters the post office noted that it was undeliverable as addressed, Mr. Butterfield explained that his house burnt down in 2003 and he moved back into the house recently. Vice Chair Chancey stated for clarification when this violation occurred there was no house, just a pool. Officer Siegrist stated the City has gone out there numerous times and they are pretty confident that they were aware of it. He stated they had even blocked the pool up for safety reasons and he has even spoken to his son who lives on Russell Drive. Chairman Godek stated he feels $61,000 is steep for a dirty pool and they are only making a recommendation at this point. Officer Loeffler reminded the board that this is a swimming pool that had open access and was unsanitary in a neighborhood where there was not even a house. He further stated he accompanied Officer Siegrist several times to meet with family members to help secure the pool and briefed them on how to come into compliance. Vice Chair Chancev. seconded bv Alternate Member Alexander. moved in Case Number 05- 068 to recommend to the City Commission to reduce fine to $2000 if paid within 30 days of the City Commission's avvroval. Motion carried 4-2 with Members Ballard and Lowerv ovvosinf!. Case No. 08-003 - AkIn and Christina M. Hussain, J&J Fence Co. c/o Jorge E Rios 901 Nola Drive Officer Rodriguez Violation Cited: 105.4 11-19-07 NOCV Re-Inspection Date: 12-06-07 12-12-07 SOV 12-12-07 NOH Meeting Date: 01-22-08 12-12-07 POS Regular and Certified Mail 01-22-08 OC Meeting Date: 02-26-08 Observation: Failure to obtain any required inspections for Fence, permit #0601602, issued on June 3, 2006. City Attorney Sneed stated the City is asking for a continuance on this case. Vice Chair Chancev. seconded bv Member Ballard. moved in Case Number 08-003 to continue to the March 25. 2008, Code Enforcement Board Meetinf!. Motion carried unanimously. Page 6 of 10 Code Enforcement Board Minutes January 22, 2008 Case No, 08-009 - Marlene Gonzalez and Arturo Barzaga 1004 Marlene Drive Officer Rodriguez Violation Cited: 105.4 11-14-07 NOCV Re-Inspection Date: 12-03-07 12-12-07 SOY 12-12-07 NOH Meeting Date: 01-22-08 12-12-07 POS Regular and Certified Mail 01-22-08 OC Meeting Date: 02-26-08 01-24-08 POS Regular and Certified Mail Observation: Failure to obtain any required fmal inspections for a fence, permit #0700394, issued on March 08, 2007, and expired September 09,2007. City Attorney Sneed stated the City is asking for a continuance on this case. Member Ballard. seconded bv Member Lowerv. moved in Case Number 08-009 to continue to the March 25, 2008. Code Enforcement Board Meeting. Motion carried unanimous/v. Case No. 08-014F - Jose M. and Maria C. Valdovinos 107 E. Circle Key Court Division Chief Stanley Violation cited: NFPA 6.7.3, 6.6.2.1, 6.8.3 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 01-22-08 OC Meeting Date: 02-26-08 02-07-08 POS Certified Mail Observation: Single stage regulator in use, improper storage of LP yank, improper connection with hose to regulating system. Division Chief Stanley stated the City is asking for a continuance on this case. Member Lowerv. seconded bv Member Ballard. moved in Case Number 08-014F to continue to the March 25. 2008. Code Enforcement Board Meeting. Motion carried unanimous/v. Case No. 08-042 - Antonio D. Harmon and Kimberly Heard 728 N. Lakewood Avenue Officer Siegrist Violation cited: 165-3,115-3,6-4 11-12-07 NOCV Re-Inspection Date: 11-29-07 12-19-07 SOY 12-19-07 NOH Meeting Date: 01-22-08 12-19-07 POS Regular and Certified Mail 01-22-08 OC Meeting Date: 02-26-08 01-24-08 POS Regular and Certified Mail 01-31-08 POS Hand Delivered Observation: One (1) Chevy Malibu/white/FL tag #B08-2AL, expo July 2007, on blocks w/flat right rear tire and one( 1) SaturnJwhite/FL tag #H31-SVM, expo June 2007, both parked in front yard, and six (6) vehicles misc. in various states of disrepair parked in backyard. Also misc. trash and debris, including car parts and engine in front and backyard. Also approx. four (4) trailers in backyard. Also weed/grass growth over 10". Fence in disrepair. Page 7 of 10 Code Enforcement Board Minutes January 22, 2008 Officer Siegrist gave a brief history of the case and provided exhibits, He further stated as of today the property is in non-compliance. Chairman Godek inquired if this was a complaint call or did the officer come across the property on his own, Officer Siegrist stated he noticed the property on his own. Officer Loeffler stated he received a phone call from a male tenant after Officer Siegrist hand delivered a notice of violation and the male respondent was extremely irate. Officer Siegrist stated when he went by the home in November the female tenant he spoke with, who he can not identify to be Kimberly Heard, was very cooperative, Alternate Member Alexander inquired if any efforts were made to clean up the property. Officer Siegrist stated that two cars have been removed, the grass is mowed, and the fence is fixed. Member Ballard. seconded bv Vice Chair Chancev, moved in Case Number 08-042 to find the respondents in violation as cited and to include 6.4H 5B as of November 28. 2007. and be given until March 12, 2008. to complv or be fined $250/ a dav thereafter. Motion carried unanimous Iv. OTHER BUSINESS Case No. 08-001 - Pamela Monetti, Air Comfort of Florida Inc, c/o David Blumberg and Linda Smith 6825 Sawmill Blvd. Violation Cited: 105.4 11-19-07 NOCV 12-12-07 SOY 12-12-07 NOH 12-12-07 POS 01-22-08 CO 02-05-08 AC Observation: Failure to obtain any required inspections for a Mechanical change out, permit #0602241, issued on September 12, 2006. Officer Rodriguez Re-Inspection Date: 12-06-07 Meeting Date: 01-22-08 Regular and Certified Mail Given until 02-08-08 to comply or be fmed $1 OO/per day Chairman Godek stated they have an affidavit of compliance. Case No. 08-011F - Alfonso and Imelda C. Torres 101 Cockles Key Drive Violation Cited: NFPA 6.6.2.1 10-09-07 NOCV 12-28-07 SOY 12-28-07 NOH 12-28-07 POS 01-22-08 CO 02-08-08 AC Observation: Improper storage ofLP tanle Division Chief Stanley Re-Inspection Date: 12-19-07 Meeting Date: 01-22-08 Certified Mail Given until 02-08-08 to comply of be fmed $100/per day Chairman Godek stated they have an affidavit of compliance. Page 8 of 10 Code Enforcement Board Minutes January 22, 2008 Case No. 08-013F - Eloy Nieto Gomez 41 Shell Key Court Violation Cited: NFP A 5.8.4, 6.6.2.1 11-29-07 NOCV Re-Inspection Date: 12-19-07 12-26-07 SOV 12-26-07 NOH 12-26-07 POS 01-22-08 CO 01-31-08 AC Observation: Single stage regulator in use, improper storage ofLP tank, improper hose and connection to tame Division Chief Stanley Meeting Date: 01-22-08 Certified Mail Given until 02-08-08 to comply or be fmed $1 OO/per day Chairman Godek stated they have an affidavit of compliance. Case No. 08-025 - Paul Schwartz 5022 Lighterwood Court Violation Cited: 105.4 11-14-07 NOCV 12-12-07 SOV 12-12-07 NOH 12-12-07 POS 01-22-08 CO 02-11-08 ANC Observation: Failure to obtain fmal inspection on windows replacement, permit #0700485 issued on March 26, 2007, and expired September 22, 2007. Officer Rodriguez Re-Inspection Date: 11-29-07 Meeting Date: 01-22-08 Regular and Certified Mail Given until 02-08-08 to comply or be fmed $1 OO/per day Officer Loeffler stated the property is in compliance now and City is requesting no fine be assessed, Vice Chair Chancey. seconded bv Member Lowerv. moved in Case Number 08-025 to find the resvondents in comvliance as of February 21. 2008. and no fine be imposed. Motion carried unanimous/v. Case No. 08-036 - Joni C. Arevalo 902 Perce Street Violation Cited: 105.4 11-20-07 NOCV 12-19-07 SOY 12-19-07 NOH 12-19-07 POS 01-22-08 CO 01-28-08 AC Observation: Failure to obtain any required fmal inspections for a shed, permit #0502454, issued on August 10, 2005. Officer Rodriguez Re-Inspection Date: 12-10-07 Meeting Date: 01-22-08 Regular and Certified Mail Given until 02-13-08 to comply of be fmed $150/per day Chairman Godek stated they have an affidavit of compliance. Page 9 of 10 Code Enforcement Board Minutes January 22, 2008 COMMENTS Officer Loeffler presented the activity synopsis for January 2008: JANUARY 2008 Minimum Housing Standard Inspections Pre -existing Housing Stock = 74 E-Better Place Complaint Investigations = 7 Complaint & Nuisance Investigations = 76 Occupational License Inspections = 11 Nuisance Signs/Street-Spam Removed = 210 City Attorney Sneed announced she would not be present for next month's meeting. Member Lowery stated he lost a good friend of his recently and his heart goes out to the family, ADJOURNMENT Meeting adjourned at 8:14 p,m. Attest: APPROVED: Melanie Sib bitt, Deputy City Clerk Robert Godek, Chairman Page 10 of 10