HomeMy WebLinkAbout08-26-2008 Minutes
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
AUGUST 26, 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 Vice Chair M. Godek led the Pledge of Allegiance to the Flag. The roll was called and a
quorum was declared present.
PRESENT: Chairman Godek, Vice Chair M. Godek, Members Alexander, Ballard,
Lowery, and Stanley. 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, and Deputy City Clerk Sibbitt
ABSENT: Member Sais and Alternate Member Elliott were absent excused.
GUESTS: None.
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.
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 July 22, 2008, Code Enforcement Board Meeting
B. Dismissal or Compliance. (Case Numbers 08-138, 08-150, 08-151, 08-154,
and 08-158 were transferred to consent.)
Case Number Respondent Location of Violation
1. 08-128 Sheryl Ann Sterrett 708 Snowden Street
2. 08-133 Daxcomm, LLC., JRW Investment 885 Sedalia Street #101
3. 08-138 Kamalodeen M. Ahim 729 Lyman Street
4. 08-143 Alberto and Pricila Layag 2018 Hedgerow Circle
5. 08-145 Rave, West Oaks Mall 9401 W Colonial Dr. #324
6. 08-149 Nadia Khan 2237 Anacostia Drive
7. 08-150 Lavern Fraedrich, c/o Isabel Freeman85 Buck Key Court
Code Enforcement Board Minutes
August 26, 2008
8. 08-151
9. 08-152
10.08-153
11. 08-154
12.08-155
13.08-156
14.08-157
15.08-158
16.08-159
17.08-160
18. 08-162
19.08-163
Nikki Saleeba 1506 Prairie Lake Blvd
Crums Climate Control, Brian.. . 709 Stinnett Drive
Crums Climate Control, Brian. . . 1018 Shady Maple Circle
Denver Harper, Pat Lynch Const... 19 Cedar Key Court
Carol and Margarito Bautista 2104 New Victor Road
Carol M. Dixon 448 S. Bluford Avenue
Carol and Margarito Bautista 2104 New Victor Road
Jacqueline Mancilla, Miguel... 1408 Lukay Street
Troy and Shannon Wright, Del Air 617 Darkwood Avenue
All American Const.& Contracting... 141 Lyle Street
Stella Young 1617 Ison Lane
Timothy Hembrooke Jr. 1500 Prairie Lake Blvd
C. Order of Continuance (September 23, 2008, Meeting).
Case Number Respondent Location of Violation
Vice Chair M. Godek. seconded bv Member Alexander. moved to approve the Consent
Agenda with the amendments presented bv staff. Motion carried unanimouslv.
Vice Chair M. Godek. seconded bv Member Ballard. moved to hear the followinf! cases first.
Case No. 08-144 and 08-060. Motion carried unanimouslv.
COMMENTS FROM CITIZENS
None
HEARINGS OF STATEMENTS OF VIOLATIONS
PURSUANT TO THE HEARING RULES ADOPTED BY TIllS 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 ABmEVlA TED AS FOLLOWS:
ACFD _ AFFIDAVIT OF COMPLIANCE FOR DEMOLmON, 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 -
WITIIDREW.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARINGS
Case No. 08-144 - Kelly Anderson
701 Broadway Avenue
Violation Cited: 119-2
06-30-08 NOCV
07-30-08 SOY
07-30-08 NOH
07-30-08 POS
Officer Siegrist
Re-Inspection Date: 07-11-08
Meeting Date: 08-26-08
Regular and Certified Mail
Page 2 of 8
Code Enforcement Board Minutes
August 26, 2008
Observation: Operating a business (computer sales) from residence, within Corporate City limits, without a
current City Occupational License.
Officer Siegrist gave a detailed history of the case with exhibits and further stated, as of
today, the property is still in non-compliance. His research shows that there is approximately
101 items posted for sale on-line with no City Occupational License issued at that address.
Kelly Anderson and Wayne Chevallier, 701 Broadway Drive, inquired how many people
sell things on e-bay. He stated they are being prosecuted because they have ads running on
craigslist's. He claimed they are helping people by selling computers so their children can
have computers for FCAT. A lot of children can not afford computers. Mr. Anderson stated
if they are going to do something why are they not out there when they have neighborhood
children yelling profanity at them and setting off fireworks all night long. He further stated
they are selling personal items and sometimes they give items away for free which he does not
believe a business person would do. Chairman Godek stated they are still violating what the
City considers a business and asked what was preventing him from getting an occupational
license. Mr. Anderson stated he was told that the City will not allow them to get one.
Member Alexander inquired from the officer if they were told they could not get a license
and how much one would cost. Officer Siegrist stated they can come into City Hall and
apply for a license, but their business can not change the integrity of the neighborhood as far
as storing equipment and having UPS trucks coming in/out all the time. Member Ballard
inquired as to who told them they could not get a license. Mr. Anderson pointed to Officer
Siegrist. Officer Loemer stated that the testimony Mr. Anderson has given is that they can
get a license but they do not want one because they feel they are not a business. He further
stated they can obtain a license if they come into City Hall and file the correct paperwork.
Member Alexander inquired if they need a special zoning to get a license. Officer Loemer
stated the license is a tax and they are not turned down unless they do not meet the criteria of a
home based business. A brief discussion ensued about obtaining a license.
Member Ballard. seconded bv Vice Chair M. Godek. moved in Case Number 08-144 to find
the respondents in violation as cited as of Julv 10, 2008. and be fliven until September 5.
2008. to make an application with the Citv for the license or be fined $50/a dav thereafter.
Motion carried unanimouslv.
Case No. 08-060 - Eze & Joan Leitch, ArtesiaD Pools, Inc. c/o William Cooper, Alan Cooper, and
Vicky Metts
364 Merlot Drive
Violation Cited: 105.4, 54-128g
01-28-08 NOCV
02-14-08 SOY
02-14-08 NOH
02-14-08 POS
02-26-08 CO
08-07-08 AC
Officer Rodriguez
Re-Inspection Date: 02-12-08
Meeting Date: 02-26-08
Regular and Certified Mail
Given until 07-31-08 to comply or be fmed $250/a day
Page 3 of8
Code Enforcement Board Minutes
August 26, 2008
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 $25.00 is due for re-inspection fee.
Officer Rodriguez gave a brief history of the case and asked the board to please reconsider
the fine and not impose the fine to the contractor since they have been working with the City
on coming into compliance.
Keith Cooper, Artesian Pools, stated they had the pool ready for a final inspection but could
not put the interior in until a yard fence was put up which was held up by the HOA. Once the
fence was approved they finished their installation and called for a final.
Vice Chair M. Godek, seconded bv Member Lowerv. moved in Case Number 08-060 to find
the respondents in compliance and no fine be assessed. Motion carried unanimous Iv.
Case No. 08-065F - Remix Fashions, Inc.
9401 W. Colonial Drive #632
Violation cited: NFPA 4.5.8.1,14.13.1.1
07-15-08 NOCV Re-Inspection Date: REPEAT
07-15-08 SOY
07-15-08 NOH Meeting Date: 08-26-08
07-21-08 POS Certified Mail
Observation: Exit light and emergency lights not working
Division Chief Stanley
Division Chief Stanley gave a brief history of the case and stated as of August 6th the
property was in compliance. This is a repeat violation and the respondents were in non-
compliance for approximately 46 days.
Member Ballard. seconded bv Member Stan lev. moved in Case Number 08-065F to find the
respondents in violation. as a repeat offender. as cited as of June 20. 2008. and in compliance
as of AUflUst 6.2008. and assess a fine of$250. Motion carried unanimouslv.
Case No. 08-066F - Charlotte Russe, Inc.
9401 W. Colonial Drive #326
Violation cited: NFPA 4.5.8
07-14-08 NOCV Re-Inspection Date: 07-28-08
07-29-08 SOY
07-29-08 NOH Meeting Date: 08-26-08
07-29-08 POS Certified Mail
Observation: Exit light not working.
Division Chief Stanley
Division Chief Stanley gave a brief history of the case and stated as of August 22nd the
property was in compliance. They are asking for an administrative cost of$146.10.
Vice Chair M. Godek. seconded bv Member Ballard. moved in Case Number 08-066F to find
the respondents in violation as cited as of Julv 17. 2008. and in compliance as of AUflUst 22.
Page 4 of8
Code Enforcement Board Minutes
August 26, 2008
2008. with no fine to be assessed at this time but respondent to pav administrative cost of
$146.10. Motion carried unanimouslv.
Case No. 08-067F - F.Y.E. (Record Town, Inc.)
9401 W. Colonial Drive #114 Division Chief Stanley
Violation cited: NFPA 4.5.8,13.6.6.8.3.1,11.1.5
07-14-08 NOCV Re-Inspection Date: 07-18-08
08-11-08 SOY
08-11-08 NOH Meeting Date: 08-26-08
08-11-08 POS Certified Mail
Observation: Fire Extinguisher not mounted and out of date. Extension cords in place of permanent wiring.
Division Chief Stanley gave a brief history of the case and stated as of August 8th the
property was in compliance. They are asking for an administrative cost of$146.34.
Member Ballard. seconded bv Vice Chair M. Godek. moved in Case Number 08-067F to find
the respondents in violation as cited as of Julv 17. 2008. and in compliance as of August 8.
2008. with no fine to be assessed at this time but respondent to pav administrative cost of
$146.34. Motion carried unanimouslv.
Case No. 08-068F - Vans, Inc. (Vans of Delaware, Inc.)
9401 W. Colonial Drive #508 Division Chief Stanley
Violation cited: NFPA 11.1.5
07-14-08 NOCV Re-Inspection Date: 07-21-08
08-11-08 SOY
08-11-08 NOH Meeting Date: 08-26-08
08-11-08 POS Certified Mail
Observation: Extension cords in place of permanent wiring.
Division Chief Stanley gave a brief history of the case and stated as of August 5th the
property was in compliance. They are asking for an administrative cost of$140.38.
Member Alexander. seconded bv Member Ballard. moved in Case Number 08-068F to find
the respondents in violation as cited as of Julv 18. 2008. and in compliance as of AUflust 5.
2008, with no fine to be assessed at this time but respondent to pav administrative cost of
$140.38. Motion carried unanimous Iv.
Case No. 08-069F - GNC (General Nutrition Corp.)
9401 W. Colonial Drive #716 Division Chief Stanley
Violation cited: NFPA 14.14.1.5.1
07-16-08 NOCV Re-Inspection Date: 07-24-08
07-25-08 SOY
07-25-08 NOH Meeting Date: 08-26-08
07-25-08 POS Certified Mail
Observation: Exit light not working. Fire extinguisher out of date.
Page 5 of 8
Code Enforcement Board Minutes
August 26, 2008
Division Chief Stanley gave a brief history of the case and stated as of August 5th the
property was in compliance. They are asking for an administrative cost of$146.10.
Member Ballard. seconded bv Member Alexander. moved in Case Number 08-069F to find
the respondents in violation as cited as of Julv 23. 2008. and in compliance as of August 5.
2008. with no fine to be assessed at this time but respondent to vav administrative cost of
$146.10. Motion carried unanimouslv.
Case No. 08-070F - The Wet Seal
9401 W. Colonial Drive #532
Violation cited: NFPA 14.13.1.1
07-16-08 NOCV Re-Inspection Date: 07-28-08
07-29-08 SOY
07-29-08 NOH Meeting Date: 08-26-08
07-29-08 POS Certified Mail
Observation: Emergency light not working.
Division Chief Stanley
Division Chief Stanley gave a brief history of the case and stated as of August 26th the
property was in compliance. They are asking for an administrative cost of$140.38.
Member Alexander. seconded bv Member Ballard, moved in Case Number 08-070F to find
the respondents in violation as cited as of Julv 22. 2008. and in compliance as of AUflust 26.
2008. with no fine to be assessed at this time but respondent to pav administrative cost of
$140.38. Motion carried unanimouslv.
Case No. 08-142 - Jiovanny H. and Ada Zumaeta
713 Rich Drive Officer Delgado
Violation cited: 115-5
07-02-08 NOCV Re-Inspection Date: 07-22-08
07-31-08 SOY
07-31-08 NOH Meeting Date: 04-22-08
07-31-08 POS Regular and Certified Mail
08-12-08 POS Posting
Observation: Overgrown grass/weeds.
Officer Delgado gave a detailed history of the case with exhibits and further stated, as of
today. the property is still in non-compliance. She stated she spoke with the neighbors and
they are asking if the City can mow the grass in the backyard since the home is vacant. The
neighbors are maintaining the front yard. Chairman Godek inquired if this situation is being
considered a hazard by the City. Officer Delgado stated that the neighbors have claimed that
the high grass is bringing snakes and rats. Officer Loeffler stated in the City's ordinance this
is considered a nuisance.
Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 08-142 to find
the respondents in violation as cited as of Julv 16. 2008. and be given until September 3.
Page 6 of8
Code Enforcement Board Minutes
August 26, 2008
2008. to complv or be fined $100/a dav thereafter and also authorize the Citv to abate the
nuisance and add the cost to the fine. Motion carried unanimous Iv.
Case No. 08-146 - Michelle and Robert Hinton
614 Apricot Drive
Violation cited: 115-5
07-11-08 NOCV Re-Inspection Date: 07-28-08
07-30-08 SOY
07-30-08 NOH Meeting Date: 04-22-08
07-30-08 POS Regular and Certified Mail
Observation: Weed/grass growth over 10",
Officer Siegrist
Officer Siegrist gave a detailed history of the case with exhibits and further stated, as of
today, the respondents are in compliance.
Member Ballard. seconded bv Member Lowerv. moved in Case Number 08-146 to find the
respondents in violation as cited as of Julv 26. 2008. and in compliance as of AUflUst 26.
2008. and no fine be assessed. Motion carried unanimouslv.
OTHER BUSINESS
Case No. 08-121- Juan T. Patino and Yadira Vasquez
2000 Lauren Beth Ave. Officer Rodriguez
Violation Cited: 105.4,54-128
04-30-08 NOCV Re-Inspection Date: 05-15-08
06-03-08 SOY
06-03-08 NOH Meeting Date: 06-24-08
06-03-08 POS Regular and Certified Mail
06-11-08 POS Posting
06-25-08 POS Regular and Certified Mail
07-10-08 POS Posting
Observation: Failure to obtain any required fmal inspections for an additional garage; permit #0602442, issued
on October 16,2006, expired on April 14, 2007, and $50.00 due for re-inspection fee.
Officer Rodriguez stated this case is to impose fine.
Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 08-121 to
impose fine. Motion carried unanimous Iv.
Vice Chair M. Godek. seconded bv Member Lowerv. moved to amend the previous motion in
Case Number 08-121 to impose fine and also include anv re-inspection fees that mav be
acquired. Motion carried unanimous Iv.
Page 7 of 8
Code Enforcement Board Minutes
August 26, 2008
COMMENTS
Division Chief Stanley introduced Shawn Sorensen who is a Fire Inspector with the City of
Ocoee.
Officer Loeffler and Office Rodriguez both thanked citizens for the compliances.
Member Lowery, Member Ballard, and Chairman Godek also thanked staff for all the
work they do and the citizens for coming into compliance.
ADJOURNMENT
Meeting adjourned at 7:52 p.m.
,
'IL' jdlif
Melanie Sib bitt, Deputy City Clerk
Page 8 of8