HomeMy WebLinkAbout03-25-2008 Minutes
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
MARCH 25, 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, and Alternate Member Elliott. Also present were Code Enforcement
Supervisor Loeffler, Code Enforcement Officer Delgado, Code Enforcement
Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley,
Permitting Clerk Everett, Attorney V ouis, and Deputy City Clerk Sibbitt.
ABSENT: Member Sais and Alternate Member Alexander were absent excused.
GUESTS: None.
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 February 26,2008, Code Enforcement Board Meeting
B. Dismissal or Compliance. (Case Numbers 08-053, 08-055, 08-076, and 08-080
were transferred to consent.)
Case Number Respondent Location of Violation
1. 08-014F Jose M. and Maria C. Valdovinos 107 E. Circle Key Drive
2. 08-018F Clarke Rd, Inc, Lena Nails, Dung H. 1596 E. Silver Star Rd
3. 08-053 Richard Kohlmeier 465 Meadow Sweet Court
4. 08-055 Jean Luxon Aurelien 3304 Dozer Court
5. 08-072 Louis G. and Concetta R. Sarvo 6936 Log Jam Court
6. 08-076 Fernando and Maria L. Rodriguez 1102 Center Street
7. 08-077 Burgos Mech.Corp, C.Burgos, & 615 Lyman Street
8. 08-078 Michelle Nasser 1678 Glenhaven Circle
9. 08-079 Luis and Magall Perez 402 Hager Drive
10. 08-080 Village Mkt PL, Charger Const. 10880 W. Colonial Drive
n____ J
Code Enforcement Board Minutes
March 25, 2008
C. Order of Continuance (April 22, 2008, Meeting).
086 were transferred to Consent).
Case Number Respondent
1. 08-075 Theresa Morales
2. 08-086 Michael and Pamela Crabb
(Case Numbers 08-075 and 08-
Location of Violation
1714 Palmerston Circle
711.E Lakeshore Drive
Member Ballard. seconded bv Member Lowerv. moved to approve the Consent Aflenda with
the amendments presented bv staff. Motion carried unanimouslv.
Permitting Clerk Everett administered the oath to Code Enforcement Supervisor Loeffler,
Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement
Officer Siegrist, Division Chief Stanley, and anyone intending to speak regarding a case.
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-EXlllBITS, 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.
Vice Chair Chancev. seconded bv Member Lowerv. moved to move UP the followinfl cases on
the Consent Agenda. Case Numbers 08-003. 08-009. 08-082. 08-083, 08-084, and 07-174.
Motion carried unanimouslv.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARINGS
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 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
02-26-08 OC Meeting Date: 03-25-08
03-03-08 POS Regular and Certified Mail
Observation: Failure to obtain any required final inspections for a fence, permit #0601602, issued on June 3,
2006.
Page 2 of 13
Code Enforcement Board Minutes
March 25, 2008
Officer Rodriguez gave a detailed history of the case and further stated, as of today, the fence
is in non-compliance.
Vice Chair Chancey inquired about the last hand delivery. Officer Rodriguez stated it was
hand delivered on March 20th.
Akm Hussain, 901 Nola Drive, stated that the first inspection did not pass. The fence
contractor told him he spoke with an inspector in the City who stated it failed for not being 25
ft. from the property line. Mr. Hussain further stated he was also told by the contractor that
the inspector told him that the 25 ft. setback may change so they should wait before they move
the fence. Mr. Hussain stated after several letters from the City and no change in the setback
requirements he told the contractor to move it, which they did; however, they did not measure
the 25 ft. from the end of the sidewalk so the inspection did not pass again. Mr. Hussain
stated that the contractor told him that the fence was off by 1.5 ft., so he would try to talk to
someone in the City to see if it could stay that way without having to move it again since the
fence is not obstructing any view of the street. He further stated that is the last conversation
he had with the inspector who had also told him he would be present tonight to speak before
the board, but he has not arrived yet.
Vice Chair Chancey inquired if the fence was located in the front of the house. Mr.
Hussain stated the fence is located on the side of his property. Member Lowery informed
Mr. Hussain he should have gone by what the City was requesting and not by what the
contractor was telling him. Mr. Hussain stated he blames himself because he should not have
relied on the contractor without going out there to measure the property himself. He stated he
assumed since the contractor was moving the fence on their cost that it would have been done
correctly when they went out the second time. Member M. Godek inquired if the contractor
would be going by to fix the fence tomorrow. Mr. Hussain stated the contractor assured him
that he would clear his schedule to go by tomorrow.
Member M. Godek, seconded bv Member Lowerv. moved in Case Number 08-003 to find the
respondents in violation as cited as of December 3, 2007, and be fliven until March 28, 2008,
to complv or be fined $100/ a day thereafter. Motion carried unanimouslv.
Case No. 08-009 - Marlene Gonzalez and Arturo Bal'Zaga
1004 Marlene Drive Officer Rodriguez
Violation Cited: 105.4
11-14-07 NOcV
12-12-07 SOY
12-12-07 NOH
12-12-07 POS
01-22-08 OC
01-24-08 POS
02-26-08 OC
03-03-08 POS
Re-Inspection Date: 12-03-07
Meeting Date: 01-22-08
Regular and Certified Mail
Meeting Date: 02-26-08
Regular and Certified Mail
Meeting Date: 03-25-08
Regular and Certified Mail
Page 3 of 13
Code Enforcement Board Minutes
March 25, 2008
Observation: Failure to obtain any required fmal inspections for a fence, permit #0700394, issued on March 8,
2007, and expired September 9, 2007.
Officer Rodriguez gave a detailed history of the case and further stated, as of today, the
property is in non-compliance.
Chairman Godek inquired as to why they had continuances for this case. Officer Rodriguez
stated at the time they did not have any proof of service.
Vice Chair Chancey inquired about the violation and as to how much of the project was
started. Officer Rodriguez stated the owner called her and informed her that they were
having financial problems with finishing the fence. The fence is currently partially up and the
violation is for not completing the fence. Officer Rodriguez stated she has not been out to
the property but was told by the building inspector that there are a couple of panels that have
been put up. Chairman Godek inquired if the respondent would be able to reapply for a
permit for the section that was completed. Officer Rodriguez stated that would not be
allowed since she already has an existing permit open.
Marlene Gonzalez, 1004 Marlene Drive (translator Officer Rodriguez), stated she has half the
fence done but can not fInish it because her son who was helping purchase the materials is
currently not working. She does not have the money to finish the work but is requesting an
extension of 6 months to try to complete the fence. Member M. Godek inquired if she had
the material to finish the fence. Ms. Gonzalez stated she does not have the material which is
why she is requesting an extension. Vice Chair Chancey inquired as to what part of the fence
was completed. Ms. Gonzalez stated the left side of her yard and a portion of the back is
completed. The front yard is not going to be fenced in. Chairman Godek inquired about the
post and if they were up. Ms. Gonzalez stated the posts are up since she was replacing her
existing fence. Member M. Godek inquired why they pulled the permit if they did not have
the material. Ms. Gonzalez stated her son was working at the time and was helping buy the
materials to replace an existing rotting fence. He lost his job so now they cannot afford the
material. Member Lowery inquired about the' portion of the fence that was up and if the
respondent could revise the permit and only have the permit for the fence that is up and if she
could remove the posts for the section that was not completed until she can afford the material
to finish.
Officer Rodriguez stated that it is up to the board to give Ms. Gonzalez an extension to see if
the building department will give her a revision for what is currently up.
Member Ballard, seconded bv Member M. Godek, moved in Case Number 08-009 to find the
respondents in violation as cited. and be given until April 29. 2008. to comply or be fined $50/
a dav thereafter. Motion carried unanimous Iv.
Page 4 of 13
Code Enforcement Board Minutes
March 25, 2008
Case No~ 08-082 - Eyeglass World, LLC., DDRM West Oaks Town Center, LLC. c/o
Developers Diversified Realty Corp.
9571 W. Colonial Drive Officer Siegrist
Violation Cited: 51-13, 8-6(A)
01-15-08 NOCV Re-Inspection Date: 02-18-08
03-11-08 SOY
03-11-08 NOH Meeting Date: 03-25-08
03-11-08 POS Regular and Certified Mail
Observation: Work without a permit. New store front sign ("Eyeglass World" ) and banner sign(s), flags,
pennants, and balloon, used as advertising.
Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of
today, the property is in non-compliance. Two of the three signs might be o.k. but the north
wall sign appears much larger and is not approved. He stated originally the permit was denied
yet the signs were put up anyways. Then in February a permit was pulled but the signs did not
match the approved plans.
Lori Rafael, DDRC West Oaks Town Center, stated she spoke with Principal Planner Rumer
yesterday and they are in compliance. She stated all they needed was the final inspection and
when she drove by the property yesterday the final inspection was being done. Ms. Rafael
stated by what she had understood the front sign that was being questioned was because the
City and sign company had lost the information on the specs for the sign. She further
informed the board that the first signs that were put up without permits were removed and the
correct signs were installed. Member M. Godek inquired if Ms. Rafael had anything in
writing to prove her conversation with the City Planner. Ms. Rafael stated she was seen by
Permitting Clerk Everett. Officer Siegrist provided Exhibit "E" which was an inspection
report from March 24th stating that there were no plans on site. Ms. Rafael stated she
believes the sign company has been calling Mr. Rumer to discuss what has been going on with
the plans since they did get a partial inspection. Chairman Godek inquired as to how much
time they would need to get things sorted out. Ms. Rafael stated she would like for
everything to be done by tomorrow but she does not really know because she needs to get with
the sign company. Member Lowery explained to the respondent that the permit needs to be
displayed and she needs to relay that back to the contractor.
Vice Chair Chancev, seconded bv Member Ballard. moved in Case Number 08-082 to find
the respondents in violation of 51-13 as of February 15, 2008, and be given until April 15,
2008. to complv or be fined $200/ a dav thereafler. Motion carried unanimous Iv.
Case No. 08-083 - Steven Rocci, Chrysoyla Lile-Pashoe
910 Nola Drive Officer Loeffler
Violation Cited: 5-1, 108-24
02-13-08 NOcV Re-Inspection Date: 03-18-08
03-19-08 SOY
03-19-08 NOH Meeting Date: 03-25-08
Observation: Zoning violation. Single family dwelling utilized as a multi-family dwelling. Multi-family
Page 5 of 13
Code Enforcement Board Minutes
March 25, 2008
dwelling only pennitted within areas zoned as R-3. 910 Nola Drive is within a area zoned as R-1AA.
Additionally, multiple complaints involve vehicle parking, number of persons entering and leaving and rented
rooms. Junk, debris: Old TV set, landscape debris/weeds around house.
Officer Loeffler gave a brief history of the case and provided exhibits. He further stated, as
of today, the property is in non-compliance.
Jami Warren, 900 Nola Drive, stated she was present tonight because her neighbors as well
herself have great concerns about the renters. She has four children and has no way of
knowing if sex offenders are living next door. She lives in a great community and would like
to keep it that way.
Steve Rocci, 910 Nola Drive, stated he was married once but is recently separated and he was
lonely so was looking to have roommates to keep him company. He stated he started looking
for roommates by hanging flyers on the bulletin board in Home Depot, the company he works
for. Prior to that in August and September of 2007 he went to a roommate service company
that matches up roommates. Chairman Godek inquired if the roommate service had asked
him if it was legal for him to do this in his neighborhood. Mr. Rocci stated they did not. He
further stated he interviewed a bunch of people and narrowed it down to the man that had
similar interest to him. Mr. Rocci stated it was nice to have someone in the house since it is a
big house and expensive to run and they do help him out. He further stated he feels
uncomfortable speaking without an attorney since he did not know roommates could be such a
complicated issue. He did not know he was doing anything wrong and this is a temporary
situation since the house is going to be on the market soon. Mr. Rooci stated that the exhibit
that was produced regarding the search for a roommate was the only format available for that
website and he realizes it was not the right choice of words. Mr. Rocci stated as far as the
car situation he has a six car parking space and the guys who live their work 12 hours a day so
they are not usually home. He tried to retain a counsel to be present tonight but was not able
to find one. The men living with him are just roommates and a couple of the guys will only be
there for about another month. Chairman Godek inquired as to how many guys were living
in the home. Mr. Rocci stated he has five guys living in the home plus himself. He further
stated he has a six bedroom house and did not add any bedrooms.
Mr. Rocci stated he really wanted to have a legal counsel present because there are other legal
issues involved. He spoke with Judge Thomas Smith to try to get the documents that would
show that his soon to be ex-wife has relieved herself of all the responsibilities of the home but
he was not able to get them. He wanted to make sure that the board is aware that if he was
renting out the rooms as a business he would not be trying to sell the house. Mr. Rocci
further described his relationship with his roommates.
Officer Loeffler briefly stated that if Mr. Rocci's wife has been removed from the home's
title the property appraiser's office has not been updated to reflect that.
Page 6 of 13
Code Enforcement Board Minutes
March 25, 2008
Chrysoyla Lile-Poshoe, co-owner of the property, stated she is getting a divorce and wants
the board to know that she is not involved with the renting of the rooms. She stated after
complaints from her neighbors who she is good friends with she felt she had to do something
about the situation since her name is still on the title. Ms. Lile-Poshoe briefly described the
relationship she had with Mr. Rocci. She further stated the house is not on the market because
if it was her attorney would be the first to know. Ms. Lile-Poshoe stated she is still co-owner
of the property and there are no forms that she has signed stating otherwise. She would like to
clear her name from this situation since she does not have anything to do with it.
Member Stanley inquired if they have had any problem with the HOA or the security letting
the roommates in. Mr. Rocci stated he has not had any issues with either one.
City Attorney V ouis inquired about the definition of a family unit and if Officer Loeffler had
that with him. Officer Loeffler stated the charging per rooms is what brings the property into
a multi-family use of the house; however, there are different laws governing occupancy and
family unit. City Attorney V ouis added that there is a fine line between a boarding house and
having roommates. Officer Loeffler stated he would not have a case if it was not for the
internet advertisement and multiple complaints. He further stated there are square footage
occupancy rules for the number of people verses size of bedrooms and bathrooms. This
property was not zoned nor constructed for multi-family use. City Attorney Vouis stated if
the respondent would like to retain an attorney she would strongly suggest that they give him
that time. Vice Chair Chancey inquired if the code defined what a family is. Officer
Loeffler stated the code does define what is a family; however, they are only addressing the
use of a single-family dwelling zoned R-1AA being used for a multi-family rental
environment. The case before them is not to define if they are a family unit or not, but that the
use of the land is being used as multi-family. City Attorney Vouis briefly explained her
concern with the code definition on roommates and stated she feels there may be some issues.
She advised the board that she felt this case should be continued.
Member Ballard inquired about the debris and why the yard was allowed to get out of
control. Mr. Rocci stated the debris in the yard were items his wife had requested in
meditation that she would be picking up. He stated she called him up the night before and he
put all the items outside in the driveway for her, she did go by to claim most of the items but
some were left behind. Since he was not aware if she was coming back he left the items out
there for a few days. The lawn being out of control was because he could not afford a
professional landscaper so he had to purchase a self-propelled mower so he could do it
himself.
Officer Loeffler briefly stated that the City's position by testimony and advertisement is that
they have five rental rooms in one home. Chairman Godek stated it seems that at the advice
of the attorney they should continue the case for another month. City Attorney V ouis stated
it is the board's decision. Vice Chair Chancey stated he has not heard any definition for what
Page 7 of 13
Code Enforcement Board Minutes
March 25, 2008
a multi-family is. Officer Loeffler read the definition for a single-family dwelling since he
did have that in front of him. Brief discussion ensued regarding the zoning and the violations
presented before them.
Vice Chair Chancev, seconded bv Member Ballard. moved in Case Number 08-083 to
continue the case to the Avril 22, 2008, Code Enforcement Board Meetinfl, uvon the advice of
the Attornev.
Member M. Godek stated he disagrees and feels Mr. Rocci is in violation and upon further
investigation he will be found in violation. He further stated, in his opinion, they should find
him in violation, assess a fine and give him until the next meeting to come back with an
attorney.
After a brief discussion motion failed 1-6 with Chairman Godek and Members Ballard, M
Godek. Lowery, Stanlev, and Elliott ovposinfl.
Member M. Godek. seconded bv Member Ballard, moved in Case Number 08-083 to find the
respondents in violation of 5-1 of February 29, 2008, and be given until April 22, 2008, to
comvlv or be fined $200/a day thereafter. Motion carried 6-1 with Vice Chair Chancev
opposing.
Recess 8:39 - 8:43 p.m.
Case No. 08-084 - Delia and Rafeal Gonzalez
1208 Russell Drive Officer Loeffler
Violation Cited: 168-6,168-4,43-7,43-8
02-07-08 NOcV Re-Inspection Date: 03-14-08
03-19-08 SOY
03-19-08 NOH Meeting Date: 03-25-08
03-19-08 POS Hand Delivery
Observation: Off-street parking violations; private vehicles routinely parked/stored on the front lawn grass and
upon the public easement between the sidewalk and the roadway. Live-stock, farm animals prohibited within
residential area. Neighbor(s) complaining about barnyard animal noise and aggressive rooster behavior involving
children. Pig(s) running on property. Live-stock slaughter in garage.
Officer Loeffler gave a brief history of the case and provided exhibits. He stated that, as of
today, the property is in non-compliance.
Delia & Rafeal Gonzalez, 1208 Russell Drive, stated she has given the pig away. The pig
had been given to her and she was not aware that she could not have it in the neighborhood.
As for the ducks they come onto her property she does not collect the ducks and put them on
her property. The lake is in her backyard so she can not help it if the ducks come into her
yard. She stated she does still have the roosters but she will be giving the roosters away this
Page 8 of 13
Code Enforcement Board Minutes
March 25, 2008
Thursday. Member Elliott inquired about the livestock slaughter in her garage. Officer
Loeffler stated they had received a lot of complaints regarding the livestock slaughter but he
never witnessed it himself. Ms. Gonzalez stated she does not have any animals in the garage.
Member M. Godek inquired as to how many rooster cages they had and what they were
going to do with them. Ms. Gonzalez stated they can give the cages away or sell them.
Member Ballard, seconded bv Vice Chair Chancev, moved in Case Number 08-084 to find
the respondents in violation of 43-7 (a)] and 43-8 (a.b) as of Februarv 23, 2008, and be given
until Avril 8, 2008, to comvlv or be fined $200/a dav thereafter. Motion carried unanimouslv.
Member M. Godek, seconded bv Member Lowerv, moved in Case Number 07-174 to re-hear
case for reQuest for reduction of fine. Motion carried unanimous Iv.
Case No. 07-174 - Robin Osman and Palma Argentina
1100 Oakwood Lane Officer Delgado
Violation cited: 115-5, 115-6, 115-3
08-09-07 NOCV Re-Inspection Date: 08-23-07
09-10-07 SOV
09-10-07 NOH Meeting Date: 09-25-07
09-10-07 POS Regular and Certified Mail
09-12-07 POS Posting
09-25-07 CO Given until 10-08-07 to comply or be fmed $100/a day
10-23-07 OIF Found still in violation of 115-6
10-30-07 POS Regular and Certified Mail
11-02-07 AC 10-09-07 to 11-02-07; 24 days total due: $2400.00
03-25-08 Request for rehearing/reduction offme
Observation: Overgrown grass/weeds, swimming pool dirty and green. Misc. junk, debirs, on property.
Officer Delgado gave a brief history of the case and provided exhibits. She stated the
property is in compliance and the total fine due is $2400.00.
Fernando Palma, on behalf of the respondent, stated he is the cousin of the owner and
resident; he was not living in the home when the violation was accessed. The violation letters
were being sent to the home but they were returned to the City because his cousin had just
purchased the home and the name on the home had not been changed. He stated he only
found out about the violation when Officer Delgado called him. He immediately came to the
board meeting and was given a time frame to fix the violation. He purchased the chemicals
for the pool and called Officer Delgado but when she went out to inspect the pool, the
chemicals did not work as quickly as he thought it would, so it was not in compliance. He
was not aware that they were not in compliance and is requesting a reduction. Mr. Palma
stated they are having a pool pump installed to help keep the pool maintained. He further
stated it was not until his cousin did a public records check that he realized a lien was placed
on his home by the City.
Page 9 of 13
Code Enforcement Board Minutes
March 25, 2008
Chairman Godek inquired if the respondent had called right away for an inspection. Officer
Delgado stated Mr. Palma had called right before the violation date was up but when she went
out it was not in compliance. She went out again right before the board meeting on October
21st and the water was still not clear, which is what she had testified at the October meeting.
Vice Chair Chancey inquired from Officer Delgado how she knew that the pool was in
compliance on November 2. She stated she did not get a call from the respondent but she
knew he was working on it so she decided to drive by the property.
Member M. Godek, seconded bv Alternate Member Elliott. moved in Case Number 07-174 to
request to the Citv Commission to reduce fine to $2000.00.
Member Stanley stated she feels the respondents were trying to comply and the fine is a little
to high. She is more in favor of $400-$500. Brief discussion ensued regarding the fine
amount.
Member Lowerv, seconded bv Vice Chair Chancev, moved to amend fine to $1500.00.
Motion failed 3-4 with Members Ballard, M Godek, Stanley, and Alternate Member Elliott
opposing.
Vote was taken on original motion and carried 5-2 with Members Lowery and Stanley
ovposing.
Case No. 08-019F - Springline Corp., (Great Clips), Robert Washburn and Clark Road Inc.
1586 E. Silver Star Road Division Chief Stanley
Violation cited: NFPA 7.10.1.5.1, 9.7.4.1
02-12-08 NOcV Re-Inspection Date: 02-12-08
02-19-08 SOY
02-19-08 NOH Meeting Date: 03-25-08
02-21-08 POS Certified Mail
Observation: Exit light not working, electrical panel blocked, fire extinguisher out of date.
Division Chief Stanley gave a brief history of the case and provided exhibits. He stated as of
March 24th the property was still in non-compliance.
Vice Chair Chancev. seconded bv Member Ballard, moved in Case Number 08-019F to find
the respondents in violation as cited as of February 15, 2008, and be fliven until Avril 1,
2008, to comvlv or be fined $200/ a dav thereafter. Motion carried unanimous Iv.
Case No. 08-020F - Family Dollar stores of FL. Inc. The Prentice Hall Corp. and A&D Ocoee
Plaza, LLC.
15 W. Silver Star Road Division Chief Stanley
Violation cited: NFPA 7.9
03-04-08 NOCV Re-Inspection Date: 02-14-08
03-04-08 SOY
03-04-08 NOH Meeting Date: 03-25-08
Page 10 of 13
Code Enforcement Board Minutes
March 25, 2008
03-05-08 POS Certified Mail
Observation: Emergency lights were not working when tested.
Division Chief Stanley gave a brief history of the case and stated this is a repeat violation.
The property is in non-compliance.
Vice Chair Chancev. seconded bv Member M. Godek, moved in Case Number 08-020F to
find the respondents in violation as cited as a reveat violator as of Februarv 14, 2008, and to
impose fine of $200/a dav accruing February 1lh until compliance. Motion carried
unanimouslv.
Case No. 08-062F - Kangaroo Express, The Pantry, Inc. and Peter J. Sodini
10 E. Silver Star Road Division Chief Stanley
Violation cited: NFPA chapter 12, 14.14.1.5.1
02-26-08 NOcV Re-Inspection Date: 03-03-08
03-05-08 SOY
03-05-08 NOH Meeting Date: 03-25-08
03-07-08 POS Certified Mail
Observation: Missing ceiling tiles, exit light not working.
Division Chief Stanley gave a brief history of the case and stated as of March 13th the
property was in compliance. They are asking for an administrative cost of $142.3 7.
Member M. Godek, seconded bv Member Ballard, moved in Case Number 08-062F to find
the resvondents in violation as cited as of March 3, 2008, and in comvliance as of March 13,
2008, with no fine to be assessed at this time but resvondent to vav administrative cost of
$142.37. Motion carried unanimouslv.
Case No. 08-074 - Fernando Rodriguez and Edith Mendoza
2691 Horn Lake Circle Officer Rodriguez
Violation Cited: 105.4, 51-128g
01-30-08 NOcV Re-Inspection Date: 02-27-08
03-10-08 SOV
03-10-08 NOH Meeting Date: 03-25-08
03-10-08 POS Regular and Certified Mail
Observation: Failure to obtain any required fmal inspections for a screen room, permit #0600992, issued on
April 28, 2006, and expired on November 1,2006, and $25.00 due for re-inspection fee.
Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in
non-compliance.
Member Ballard, seconded bv Alternate Member Elliott, moved in Case Number 08-074 to
find the resvondents in violation as cited as of February 13. 2008, and be fliven until April 8,
2008, to complv or be fined $200/ a dav thereafter and to pav the Citv's two re-insvection
fees. Motion carried unanimous Iv.
Page 11 of 13
Code Enforcement Board Minutes
March 25, 2008
Case No. 08-085 - T D and Amanda Pennington
Parcel ID# 20-22-28-0000-00-066 Officer Loeffler
Violation Cited: 115-3
03-12-08 NOCV Re-lnspection Date: 03-12-08
03-13-08 SOV
03-13-08 NOH Meeting Date: 03-25-08
03-13-08 POS Property posted
Observation: Small parcel ofland adjacent to and bordering residential structures and property. Parcel contains
excessively tall and overgrown weeds and grass and several large dead and decaying trees which are near
residential structures within the Prima Vista neighborhood. Multiple complainants are concerned about fIre,
rodent, and falling tree danger. County and state records do not indicate ownership address or physical address
of parcel. All records researched specify "unknown".
Officer Loeffler gave a brief history on the case and stated they did not have anyone to mail
the notice to and could only post the property. He inquired from the attorney if the board
could move to have the City advertise a notice to help notify the owner. City Attorney V ouis
stated the board could do so since the statute does call for posting and advertising at the same
time. She further inquired as to who was paying the taxes for the property. Officer Loeffler
stated that the County informed him that the address of the people paying the taxes is not
available. A brief discussion ensued regarding advertising to find the owners of the property.
Vice Chair Chancey inquired if they can find the property in violation, not impose a fine and
abate the nuisance, and then impose the abatement as a lien against the property.
Vice Chair Chancev, moved to find the resvondents in violation as cited as of March 12,
2008. and be fliven until Avril 22, 2008, to comvlv and authorize the City to abate the
nuisance after that date. Motion was rescinded.
Vice Chair Chancev, seconded hv Member Ballard, moved to continue the case to the Avril
22, 2008, Code Enforcement Board Meeting. Motion carried unanimously.
OTHER BUSINESS
Case No. 08-042 - Antonio D. Harman and Kimberly Heard
728 N. Lakewood Avenue
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
12-19-07 POS
01-22-08 OC
01-24-08 POS
01-31-08 POS
02-26-08 CO
03-13-08 ANc
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
Officer Siegrist
Meeting Date: 01-22-08
Regular and Certified Mail
Meeting Date: 02-26-08
Regular and Certified Mail
Hand Delivered
Given until 03-12-08 to comply or be fmed $250/ a day
Page 12 of 13
Code Enforcement Board Minutes
March 25, 2008
front and backyard. Also approx. four (4) trailers in backyard. Also weed/grass growth over 10". Fence in
disrepair.
Officer Siegrist stated the case is before them to impose fine.
Vice Chair Chancev, seconded bv Member M. Godek, moved in Case Number 08-042 to
imvose fine of $250/ a dav starting March 13, 2008, until in comvliance. Motion carried
unanimouslv.
COMMENTS
None
ADJOURNMENT
Meeting adjourned at 9:55 p.m.
ilttest: {I/
IJuIt~ JJ.t .
Melanie Sib bitt, Deputy City Clerk
AP~
Robert Godek, Chairman
Page 13 of 13