The URL can be used to link to this page

Home My WebLink About09-23-2008 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING SEPTEMBER 23, 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 Sais 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 (arrived at 7:03 p.m.), Members Alexander, Lowery, Sais 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, Acting Deputy Building Official Hall, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Members Ballard and Stanley 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 August 26, 2008, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 08-164, 08-165, 08-166, 08-167, 08-169,08-177,08-180,08-182,08-183,08-184, 08-185, 08-189, 08-191, 08-195, 08- 199, 08-208, and 08-210 were transferred to consent.) Case Number Respondent Location of Violation 1. 08-164 Theodore F. Von Der Heyde 2405 Stricker Drive 2. 08-165 Jeffery B Phillips 625 Hill Street 3. 08-166 Freeman Development Co., LLC 450 Ocoee Apopka Road 4. 08-167 Mary L Graham Life Estate,... 1400 Wanda Street 5. 08-169 Jason & Stacey Jackman, American 1212 Adeleide Court Code Enforcement Board Minutes September 23, 2008 6. 08-175 7. 08-176 8. 08-177 9. 08-179 10. 08-180 11. 08-182 12.08-183 13.08-184 14.08-185 15.08-187 16.08-189 17.08-190 18.08-191 19.08-192 20. 08-193 21. 08-194 22. 08-195 23.08-196 24. 08-199 25. 08-200 26. 08-202 27.08-205 28. 08-206 29.08-208 30.08-210 Metropolitan Const. Management... 17 E. Geneva Street Kathlene Morales and Mendez D. . . 104 Spring Lake Circle Stella Young 1617 Ison Lane Omar Ibarra 901 Hawaii Drive Dawn Carpenter 640 Jay Street Albert C. Hensel Jr. 700 Rich Drive Steven and Ramona Bolgar 1100 Pinewood Lane Christopher and Cori Akins 606 Ridgefield Avenue Danrajh Rambrich Trust 1004 Sarah Lee Lane Suzanne M Kirwan 5109 Chipper Court Michael E. Alderman 1521 Prairie Lake Blvd Bonilla Gallego Cruz & Florilanda.. . 1110 Bellini Lane Guy Iannello & Catherine Ayler 1005 Idaho Court David and Linda Linzey 1604 Adair Street Barbara Frenay and Marc Dort 1657 Whitefriar Drive Arthur & Fawzia Mahanpour 1786 Palmerston Circle Sergio & Maribel Galvan, Eliasar... 1300 Sand Pine Avenue Damien Ford 2007 Joan Lee Lane Miguel Ramos Ibarra 498 Wurst Road Aaron and Jessica Nagle 603 Sherwood Oaks Circle Richard Sederland 702 Crystal Drive Leland Lohengri-Gimeno, Romerco 300 N. Bluford Avenue Duley Enterprises Inc, First... 11953 W Colonial Drive Saxton Mortgage Services 1615 Mona Ave Ben Holland Griffin 325 Lee Street C. Order of Continuance (October 28,2008, Meeting). Case Number Respondent Location of Violation 1. 08-161 Lester and Teresa Clark 506 Spring Lake Circle 2. 08-186 Drewtina Properties VIII LLC, 16-22-28-4763-00-020 Member Lowerv. seconded bv Member Alexander, moved to avvrove the Consent Azenda with the amendments presented bv staff. Motion carried unanimous Iv. Vice Chair M. Godek. seconded bv Member Lowerv. moved to hear the followinz cases first. Case No. 08-168. 08-203. and 08-204. Motion carried unanimouslv. 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 Page 2 of8 Code Enforcement Board Minutes September 23, 2008 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, OlF/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. SOV - STATEMENT OF VIOLATION (S) and WD- WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 08-168 - Robert F. and Huong N. Van Wert 512 Withers Court Officer Delgado Violation Cited: 115-5,165-3 08-12-08 NOCV Re-Inspection Date: 08-27-08 09-03-08 SOY 09-03-08 NOH Meeting Date: 09-23-08 09-03-08 POS Regular and Certified Mail 09-11-08 POS Posting Observation: Overgrown grass/weeds. UntaggedlExpired tag/Inoperable vehicle. Officer Delgado gave a detailed history of the case and further stated, as of today, the property is still in non-compliance of violation 115-5 (overgrown grass). Helen Kendall, Owner and Broker for Home Management, stated that the owner called her to manage the property since it is a vacant home. She further testified that she believes the owner had mentioned that the home had been rented for about 6 years and the renters would send the rent to California where the owner resides. Ms. Kendall stated a check was sent to her to maintain the property; however, a personal check was sent so she had to wait for the check to clear. Once the check had cleared she had the next door neighbor (who does handyman work) change the locks and as of today he has also agreed to clean up the property. Ms. Kendall stated she had a contract with her and that the property would be cleaned up by tomorrow. Vice Chair M. Godek. seconded bv Alternate Member Elliott. moved in Case Number 08-168 to find the resvondents in violation of 115-5 as of August 26. 2008. and be $liven until Sevtember 26, 2008. to comvlv or be fined $75/a dav thereafier. Motion carried unanimous Iv. Case No. 08-203 - Lindsay B. Whittaker, Barfield Fence & Wall, Inc. 325 Victoria Rose Drive Officer Rodriguez Violation Cited: 51-13 07-24-08 NOCV Re-Inspection Date: 09-08-08 09-09-08 SOY 09-09-08 NOH Meeting Date: 09-23-08 09-09-08 POS Regular and Certified Mail Observation: Double gate and 2 walk gates installed without required permits, plans, approval, and inspections. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is still in non-compliance. Page 3 of8 .u_1 Code Enforcement Board Minutes September 23, 2008 Cathy Wilson, Barfield Fence & Wall, Inc., stated she received the letters and has been trying to work with the electrician who told her that they pulled a permit under the original site work permit. They have been unable to produce her with any permit so far so she is trying to get a power-of-attorney so that she can pull an electrical permit and have an inspection done by Friday. Ms. Wilson further stated her permits have been completely approved but they are just waiting on the electrical contractor so they can move forward. She is anticipating that since the power-of-attorney will be given to her tomorrow she can post the permit and have an inspection by Thursday. The gates have been in existence for two years and Ms. Wilson does not feel that they would fail the inspection. She briefly explained how the permit process was overlooked for this project. Vice Chair M. Godek. seconded bv Member Sais. moved in Case Number 08-203 to find the respondents in violation as cited as of September 1. 2008. and be given until September 29. 2008. to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 08-204 - Meadow Ridge of Orange Co. HOA, Inc., Barfield Fence & Wall, Inc. c/o Lindsay Whittaker 320 Jordan Rose Avenue Officer Rodriguez Violation Cited: 51-13 07-24-08 NOCV Re-Inspection Date: 09-08-08 09-09-08 SOY 09-09-08 NOH Meeting Date: 09-23-08 09-09-08 POS Regular and Certified Mail Observation: Fence installation without required permits, plans, approval, and inspections. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is still in non-compliance. Chairman Godek inquired how long the fence has been installed. Cathy Wilson, Barfield Fence & Wall, Inc., stated it has been up for two years. She further stated this situation is the same as the previous testimony. Member Sais. seconded bv Vice Chair M. Godek. moved in Case Number 08-204 to find the resvondents in violation as cited as of Sevtember 1, 2008. and be $liven until Sevtember 29. 2008. to comvlv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 08-071F - Marco Anthony Italian Restaurant (Crisci's Italian Restaurant, Inc.) 2642 S. Maguire Road Division Chief Stanley Violation cited: NFPA 4.5.8.1, 14.13.1.1 09-08-08 NOCV Re-Inspection Date: N/A 09-08-08 SOY 09-08-08 NOH Meeting Date: 09-23-08 09-08-08 POS Certified Mail Observation: Exit light not working. Emergency lights not working. Division Chief Stanley gave a brief history of the case and provided exhibits and further Page 4 of8 Code Enforcement Board Minutes September 23, 2008 stated, as of today, the property is in non-compliance. He also advised that the respondent is a repeat violator. Chairman Godek inquired if the exit light was also a repeat violation and how long had the respondent been in violation. Division Chief Stanley stated they have been in violation since August 14th. Member Alexander inquired if it was known why the violation had not been corrected. Division Chief Stanley stated the respondents have not mentioned anything to the Fire Department and they have advised them on several different occasions about correcting the violation. Alternate Member Elliott. seconded bv Member Lowerv. moved in Case Number 08-071 F to find the respondents in violation as a repeat violator as cited as of August 14. 2008. and be fined $1 OO/a day from August 14. 2008. until compliance. Motion carried unanimouslv. Case No. 08-178 - Paul and Dorothy Gray 415 E. Lakeshore Drive Officer Rodriguez Violation cited: 51-13 07-24-08 NOCV Re-Inspection Date: 08-26-08 09-03-08 SOY 09-03-08 NOH Meeting Date: 09-23-08 09-03-08 POS Regular and Certified Mail Observation: Erection of Trellis on existing retaining wall installed without required permits, plans, approval, and inspections. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is still in non-compliance. Vice Chair M. Godek. seconded bv Member Alexander, moved in Case Number 08-178 to find the resvondents in violation as cited as of AU$lust 21. 2008. and be given until October 3, 2008. to comvlv or be fined $100/a dav thereafter. Motion carried unanimouslv. Case No. 08-181- Marcelino Rodriguez 476 Fort Collins Court Violation cited: 115-5 08-05-08 NOCV Re-Inspection Date: 08-25-08 09-04-08 SOY 09-04-08 NOH Meeting Date: 09-23-08 09-04-08 POS Regular and Certified Mail 09-11-08 POS Posting Observation: Overgrown grass/weeds front and back of property. Officer Delgado Officer Delgado gave a brief history of the case and provided exhibits. She further stated, as of today, the property is still in non-compliance. Chairman Godek inquired if anyone had lived at the home. Officer Delgado stated the property is vacant and seems to be in foreclosure. Member Alexander inquired how someone would find out if a mortgage company or bank has taken over the property. Officer Page 5 of8 Code Enforcement Board Minutes September 23, 2008 Delgado stated if the bank owned it they are very good at quickly taking care of the property but she has not located anyone other than the listed owners. She further stated she has posted the property and still has not heard back from anyone, which leads her to believe that know one is checking on the property. Alternate Member Elliott. seconded bv Vice Chair M. Godek. moved in Case Number 08-181 to find the respondents in violation as cited as of August 17, 2008. and be $liven until Sevtember 30. 2008. to complv or be fined $100/a dav thereafter and also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimouslv. Case No. 08-188 - William H. and Ettis B. Hemmings 1402 Samantha Street Officer Siegrist Violation cited: 115-5 08-05-08 NOCV Re-Inspection Date: 08-20-08 09-04-08 SOY 09-04-08 NOH Meeting Date: 09-23-08 09-04-08 POS Regular and Certified Mail 09-12-08 POS Posting Observation: Weeds/grass growth over 10". Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is still in non-compliance. City is requesting the board to recommend abatement of the property. Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 08-188 to find the respondents in violation as cited as of August 15, 2008. and be given until Sevtember 30, 2008, to complv or be fined $100/a dav thereafter and also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimouslv. Case No. 08-197 - Martin and Celia Martinez 1101 Kimball Drive Violation cited: 115-5 08-21-08 NOCV Re-Inspection Date: 08-29-08 09-04-08 SOY 09-04-08 NOH Meeting Date: 09-23-08 09-04-08 POS Regular and Certified Mail 09-11-08 POS Posting Observation: Overgrown grass/weeds front and back of property. Officer Rodriguez Officer Rodriguez gave a brief history of the case and stated, as of today, the property is still in non-compliance. Property is vacant and City is requesting the board to abate the nuisance. Vice Chair M. Godek. seconded bv Member Alexander. moved in Case Number 08-197 to find the respondents in violation as cited as of August 28. 2008. and be given until Sevtember 30. 2008. to comvlv or be tined $100/a dav thereafter and also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimous Iv. Page 6 of8 Code Enforcement Board Minutes September 23, 2008 Case No. 08-198 - Rambhawatie and Richard Lal 1877 Lochshyre Loop Officer Delgado Violation cited: 168-6(c) 08-25-08 NOCV Re-Inspection Date: 09-02-08 09-04-08 SOY 09-04-08 NOH Meeting Date: 09-23-08 09-04-08 POS Regular and Certified Mail Observation: White trailers must be stored behind front building line. Officer Delgado gave a brief history of the case and provided exhibits. She further stated, as of today, the property is in compliance since the trailer is currently parked across the street. Respondent can be found as a repeat violator if trailer is moved back onto the property. Member Lowerv. seconded bv Member Sais. moved in Case Number 08-198 to find the resvondents in violation as cited as ofSevtember 1. 2008. and in compliance as of September 23. 2008, and no fine be assessed. Motion carried unanimouslv. Case No. 08-201 - Robert Bernabo 1908 Jessica Lea Lane Violation cited: 115-5 08-14-08 NOCV Re-Inspection Date: 09-03-08 09-04-08 SOY 09-04-08 NOH Meeting Date: 09-23-08 09-04-08 POS Regular and Certified Mail Observation: Weed/grass growth over 10". Officer Siegrist Officer Siegrist gave a brief history of the case and stated, as of September 16th, the property was in compliance. Alternate Member Elliott. seconded bv Member Lowerv, moved in Case Number 08-201 to find the respondents in violation as cited as of AU$lust 29. 2008. and in comvliance as of September 16. 2008, and no fine be assessed. Motion carried unanimouslv. OTHER BUSINESS Case No. 08-142 - Jiovanny H. and Ada Zumaeta 713 Rich Drive Officer Delgado Violation cited: 115-5 07-02-08 NOCV 07-31-08 SOY 07-31-08 NOH 07-31-08 POS 08-12-08 POS 08-26-08 CO Re-Inspection Date: 07-22-08 09-04-08 Observation: Meeting Date: 04-22-08 Regular and Certified Mail Posting Given until 09-03-08 to comply or be fmed $100/a day. Also authorize City to abate property ANC Abatement Cost $350.00 Overgrown grass/weeds. Officer Delgado stated she re-inspected the property on September 16th and Groundtek had Page 7 of8 Code Enforcement Board Minutes September 23, 2008 mowed the lawn. Vice Chair M. Godek. seconded bv Alternate Member Elliott, moved in Case Number 08-142 to impose fine of$100/a dav effective September lh - Sevtember 16th as well as add $350 for cost of abatement. Motion carried unanimouslv. 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 08-26-08 CO 09-04-08 AC Observation: Operating a business (computer sales) from residence, within Corporate City limits, without a current City Occupational License. Officer Siegrist Re-Inspection Date: 07-11-08 Meeting Date: 08-26-08 Regular and Certified Mail Given until 09-05-08 to submit application for local Business Tax In compliance. COMMENTS Officer Loeffler presented the activity synopsis for August 2008: MARCH 2008 Minimum Housing Standard Inspections Pre -existing Housing Stock = 153 Occupational License Inspections = 6 E-Better Place Complaint Investigations = 11 Complaint & Nuisance Investigations = 352 Officer Loeffler announced Acting Deputy Building Official Hall was present tonight and Jim Washington is now the Current Building Official. Member Alexander thanked staff for a wonderful job and stated it may get worse with the economy but they need to hang in there. Member Lowery announced that he observed Officer Loeffler running in/out of traffic picking up signs. ADJOURNMENT Meeting adjourned at 8:06 p.m. Page 8 of8