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Home My WebLink About02-26-2008 Minutes 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 MATIERS 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 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. 08-0I5F 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 February 26, 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, Adam1361 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 Aflenda with the amendments vresented bv staff Motion carried unanimous/v. Vice Chair Chancev. seconded bv Member Lowerv. moved to move uv the followinfl cases on the Consent Aflenda. Case Numbers 08-047. 08-060. and 05-068. Motion carried unanimous/v. 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, OIFIL- ORDER IMPOSING FINElLIEN, 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. Page 2 of 10 Code Enforcement Board Minutes February 26, 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-InspectionDate:01-17-08 02-05-08 SOV 02-05-08 NOH Meeting Date: 02-26-08 02-05-08 POS Regular and Certified Mail Observation: Failure to obtain any required fmal 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 January 12. 2008. and be $liven until March 31. 2008. to complv or be fined $100/ a dav thereafter. Motion carried unanimouslv. Page 3 of 10 Code Enforcement Board Minutes February 26, 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 fmal 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 Loeffler 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 February 26, 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 maximum of 60 days to final out the pool. Vice Chair Chancev. seconded bv Member Sais. moved in Case Number 08-060 to find the resvondents in violation as cited as of Februarv 11. 2008. and be $liven until Julv 31. 2008. to complv 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 bv Member Lowerv. moved to re-hear Case Number 05-068 for reauest for reduction of fine. Motion carried unanimouslv. Case No. 05-068 - Charles and Patsy Butterfield 716 Crystal Drive Violation Cited: 115-6; 115-3 06-23-05 NOCV 07-19-05 SOY 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 February 26, 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 Loeffier 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 vaid within 30 davs of the City Commission's avvroval. Motion carried 4-2 with Members Ballard and Lowerv opposing. Case No. 08-003 - Akm 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, pennit #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 Meeting. Motion carried unanimouslv. Page 6 of 10 Code Enforcement Board Minutes February 26, 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 fma1 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 unanimouslv. 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 SOV 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) Saturnlwhite/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 February 26, 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 resvondents in violation as cited and to include 6.4H 5B as of November 28. 2007. and be given until March 12. 2008. to comply 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 SOV 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: NFP A 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 of LP tame 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 February 26, 2008 Case No. 08-013F - Eloy Nieto Gomez 41 Shell Key Court Violation Cited: NFPA 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 tank. Division Chief Stanley Meeting Date: 01-22-08 Certified Mail Given until 02-08-08 to comply or be fmed $100/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 Chancev. seconded bv Member Lowerv. moved in Case Number 08-025 to find the resvondents in comvliance as of Februarv 21. 2008. and no fine be imvosed. Motion carried unanimous/v. Case No. 08-036 - Joni C. Arevalo 902 Perce Street Violation Cited: 105.4 11-20-07 NOCV 12-194>7 SOV 12-19-07 NOH 12-19-07 POS 01-22-08 CO 01-28-08 AC Observation: Failure to obtain any required fma1 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 February 26, 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. I ~ Robert Godek, Chairman Page 10 of 10