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HomeMy WebLinkAbout11-25-2008 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 25, 2008 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 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, Members Ballard, Elliott, Lowery, and Sais. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Permitting Clerk Everett, Development Services Director Shadrix, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair M. Godek and Member Alexander were absent excused. GUESTS: None. Attorney Sneed administered the oath to Code Enforcement Supervisor Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, 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 September 23, 2008, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 08-230, 08-234, 08-235, 08-237, and 08-240 were transferred to consent.) Case Number Respondent Location of Violation 1. 08-161 Lester and Teresa Clark 506 Spring Lake Circle 2. 08-170F Nail Care & Spa, Teachers... 344 Moore Road 3. 08-186 Drewtina Properties VIII LLC.,... 16-22-28-4763-00-020 4. 08-207 Lucia Ramirez, Gregorio Herdandez 1606 Mona Ave 5. 08-209 Anthony and Daniella Demonico 1614 Mona Ave 6. 08-212 Harold L Goshe 325 Lee Street 7. 08-213 Julio Rivera 1411 Mona Avenue 8. 08-215 Park Square Enterprises Inc., 1949 Compass Flower Way Code Enforcement Board Minutes November 25, 2008 9. 08-218 10.08-219 11. 08-220 12. 08-222 13. 08-225 14.08-226 15.08-227 16. 08-228 17. 08-229 18. 08-230 19. 08-231 20. 08-233 21. 08-234 22. 08-235 23. 08-236 24.08-237 25.08-240 26.08-241 27.08-242 28. 08-243 29. 08-244 30. 08-246 31. 08-247 32. 08-248 33. 08-249 34. 08-250 35. 08-251 The Vineyards Residents Assoc., Matthew & Elizabeth Wygant Frederick E. Singer Gary Hill, Melissa Tubbs Carole Arney Christian Michaels Matthew & Elizabeth Wygant Jane P Gonzales James Ray and Ouida Meeks William & Darrell Nunnelley.. . Marion McCloskey Joseph 1. Marra Harold E. Jaramillo Lermon Phelps Ni Eson Inc Fortunato Aguirre and Minerva... Fernando and Anna Barajas Geronimo and Angelina Trevino Antonio & Evangelina Gonzalez... Thomas & Andrea Lovett Avila Roberto & Nunez Reina Neil and Kelley Keoppen Thomas G. Zosel Extra Attic Mini Warehouse #1335 Hardees,Leased Rest Partners Village Marketplace @ Ocoee... Jose Percy & Jazmin Delmonte 2691 Cabernet Circle 405 S. Bluford Ave 800 Apricot Drive 1113 Jamela Drive 401 S. Bluford Avenue 2007 Jessica Lea Lane 405 S. Bluford Ave 106 Lyle Street 114 W. Oakland Avenue 12 Floral Street 609 N Lakewood A venue 338 N Bluford Avenue 488 Canby Circle 325 Balsam Ridge Drive 16-22-28-8049-02-002 607 N Lakewood Avenue 1000 Aldane Court 1003 Maureen Avenue 902 Russell Court 2620 Cedar Bluff Ct 1103 Wurst Road 603 & 613 Lyman Street 349 N. Cumberland Ave 1101 Marshall Farms Rd 10840 W Colonial Drive 10962 W Colonial Dr 615 N. Lakewood Avenue Order of Continuance (January 27, 2008, Meeting). (Case Numbers 08-217, 08-232, and 08-245 were transferred to consent.) Case Number Respondent 1. 08-217 Mark R. Davideit 2. 08-221 Joseph A. Guarino 3. 08-223 Joseph & Barbara Radosky 4. 08-232 Patricia Burney 5. 08-245 Ernest G Hataway, C/O John... Location of Violation 711 Vandergrift Drive. 1612 Maureen Ave. 953 Bloomington Ct. 1512 Lady Avenue 141 Lyle Street Member Ballard. seconded bv Member Lowerv, moved to approve the Consent Aflenda with the amendments presented bv staff Motion carried unanimous/v. Member Lowerv. seconded bv Member Sais. moved to hear the followinfl case first. Case No. 08-238. Motion carried unanimous/v. Page 2 of9 n_j Code Enforcement Board Minutes November 25, 2008 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 n 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 FINEILIEN, ONC - ORDER OF NON-COMPLIANCE, DOC - 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. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 08-238 - J.Z. Construction Group, Inc. c/o Jamie Zarazel, Olympia Station LLC c/o Marvin F. Poer & Co. 1559 E. Silver Star Road Officer Rodriguez Violation Cited: 51-13 09-09-08 NOCV Re-Inspection Date: 10-21-08 11-05-08 SOV 11-05-08 NOH Meeting Date: 11-25-08 11-05-08 POS Regular and Certified Mail Observation: Interior remodeling for Vina Nails without required permits, plans, approval and inspections. Officer Rodriguez gave a detailed history of the case and further stated, as of today, the property is still in non-compliance. Bobby Brown, Regional Property Manager for Lake Olympia Shopping Center, stated when the work was being done a permit was apparently not pulled and the business was then sold to another couple who is trying to remedy the situation. He stated they are asking for an extension of at least 30-60 days so they can work with a contractor. Officer Rodriguez stated they have received plans from Mr. Brown and only need the sub-contractor information and Notice of Commencement (NOC). Member Ballard inquired about J.Z. Construction Group and if they had submitted for a permit. Mr. Brown stated he does not know the full details but plans were submitted and he thinks there was an issue with payment being received for their work. Officer Rodriguez explained that Officer Delgado witnessed the construction of the Nail Salon and stopped the work and informed the contractors that they had to submit for a permit. A permit was applied for but was never picked up so inspections were not done before the construction was completed. Member Ballard inquired when the plans were originally submitted. Officer Rodriguez stated they were submitted in July of 2007. Mr. Brown stated he is not sure who did what and when but all he is looking for is an extension of at least 30 days so he can resolve this problem to meet City Code. Page 3 of9 Code Enforcement Board Minutes November 25, 2008 Member Elliott, seconded bv Member Ballard. moved in Case Number 08-238 to find the respondents in violation as cited as of September 23, 2008. and be given until December 23. 2008, to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 08-211 - Jaikaran & Nadine Ramnaresh 2754 Alclobe Circle Violation Cited: 115-5 09-24-08 NOCV 10-07-08 SOV 10-07-08 NOH 10-07-08 POS 11-03-08 NOH 11-03-08 SOY 11-03-08 POS Regular & Certified Mail 11-14-08 POS Posting Observation: Overgrown grass/weeds. Officer Rodriguez Re-Inspection Date: 10-06-08 Meeting Date: 10-28-08 Regular and Certified Mail Meeting date: 11-25-08 Officer Rodriguez gave a brief history of the case and provided exhibits. She further stated, as of today, the property is still in non-compliance and is in the process offorec1osure. Member Ballard, seconded bv Member Elliott. moved in Case Number 08-211 to find the respondents in violation as cited as of October 1, 2008. and be given until December 10, 2008, to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 08-214 - Luis C. De Oliveria 620 Neumann Village Court Violation Cited: 115-5 09-11-08 NOCV 10-07-08 SOV 10-07-08 NOH 10-07 -08 POS 10-15-08 POS 11-03-08 SOV 11-03-08 NOH Meeting Date: 11-25-08 11-03-08 POS Regular and Certified Mail 11-13-08 POS Posting Observation: Overgrown grass/weeds. Officer Rodriguez Re-Inspection Date: 09-24-08 Meeting Date: 10-28-08 Regular and Certified Mail Posting Officer Rodriguez gave a brief history of the case and provided exhibits. She further stated, as of today, the property is still in non-compliance and is in the process of foreclosure. Member Ballard. seconded bv Member Sais, moved in Case Number 08-214 to find the respondents in violation as cited as of September 15, 2008. and be given until December 10, 2008. to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Page 4 of9 Code Enforcement Board Minutes November 25, 2008 Case No. 08-216 - Ananta Sesanarine 656 Darkwood Ave. Violation cited: 165-3 08-29-08 NOCV 10-07-08 SOV 10-07-08 NOH 10-07-08 POS 10-16-08 POS 11-03-08 SOV 11-03-08 NOCV Meeting Date: 11-25-08 11-03-08 POS Regular and Certified Mail Observation: One (1) 2005 GMC Pick-up white FL tag#I60-2FM, expired June 2008 parked in front driveway. Officer Siegrist Re- Inspection Date: 09-15-08 Meeting Date: 10-28-08 Regular and Certified Mail Posting 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. Member Lowerv. seconded bv Member Elliott. moved in Case Number 08-216 to find the respondents in violation as cited as of Sevtember 13. 2008. and be given until December 10. 2008, to comvlv or be fined $50/a dav thereafter. Motion carried unanimouslv. Case No. 08-224 - Timothy Hembrooke Jr. 1500 Prairie Lake Blvd. Violation cited: 6-4 H (b) 09-09-08 NOCV 10-07-08 SOV 10-07-08 NOH 10-07 -08 POS 10-15-08 POS 11-03-08 SOV 11-03-08 NOCV Meeting Date: 11-25-08 11-03-08 POS Regular and Certified Mail 11-13-08 POS Posting Observation: Trailer on front of property. Officer Rodriguez Re-Inspection Date: 09-23-08 Meeting Date: 10-28-08 Regular and Certified Mail Posting Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in compliance. Member Lowerv. seconded bv Member Sais. moved in Case Number 08-224 to find the resvondents in violation as cited as of Sevtember 12, 2008. and in compliance as of November 25, 2008, and no fine be assessed. Motion carried unanimouslv. Case No. 08-239 - Antonio Pagan and Denise Ortiz 357 Kaila Court 10-03-08 NOCV Re-Inspection Date: 10-20-08 11-04-08 SOY 11-04-08 NOH Meeting Date: 11-25-08 11-05-08 POS Regular and Certified Mail 11-11-08 POS Posting Observation: Overgrown grass/weeds over 10". Officer Siegrist Page 5 of9 Code Enforcement Board Minutes November 25, 2008 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 abatement of the property since it is vacant. Member Ballard, seconded bv Member Elliott, moved in Case Number 08-239 to find the resvondents in violation as cited as of October 18, 2008, and be given until December 10, 2008, to complv or be fined $150/a dav thereafter and also authorize the ON to abate the nuisance and add the cost of abatement to the fine, Motion carried unanimous Iv. OTHER BUSINESS Case No. 08-168 - Robert F. and Huong N. Van Wert 512 Withers Court Violation Cited: 115-5,165-3 08-12-08 NOCV 09-03-08 SOV 09-03-08 NOH 09-03-08 POS 09-11-08 POS 09-23-08 CO 09-25-08 AOC Observation: Overgrown grass/weeds. UntaggedlExpired tag/Inoperable vehicle. Case No. 08-178 - Paul and Dorothy Gray 415 E. Lakeshore Drive Violation cited: 51-13 07-24-08 NOCV 09-03-08 SOV 09-03-08 NOH 09-03-08 POS 09-23-08 CO 10-06-08 ANC Observation: Erection of Trellis on existing retaining wall installed without required permits, plans, approval, and inspections. In compliance. Officer Delgado Re-Inspection Date: 08-27-08 Meeting Date: 09-23-08 Regular and Certified Mail Posting Given until 09-26-08 to comply or be fmed $75/per day Officer Rodriguez Re-Inspection Date: 08-26-08 Meeting Date: 09-23-08 Regular and Certified Mail Given until 10-03-08 to comply or be fmed $1 OO/per day Officer Rodriguez stated the property is in compliance. She explained that what she had cited him for only required him to come into City Hall to pull the permit and the owner has complied with that. In compliance. 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 SOV Officer Delgado Page 6 of9 Code Enforcement Board Minutes November 25, 2008 09-04-08 09-04-08 09-11-08 09-23-08 NOH POS POS CO Meeting Date: 09-23-08 Regular and Certified Mail Posting Given until 09-30-08 to comply or be fmed $1 OO/per day and authorize city to abate nuisance 10-02-08 ANC 10-07 -08 Abatement by City Observation: Overgrown grass/weeds front and back of property. Officer Delgado stated the cost of the abatement is $350. The total fine to be assessed is $1050.00. Member Ballard, seconded bv Member Lowerv, moved in Case Number 08-181 to imvose fine of $100/a dav effective October Ft - October ih as well as add $350 for cost of abatement for a total of$1050, Motion carried unanimouslv. Case No. 08-188 - William H. and Ettis B. Hemmings 1402 Samantha Street Violation cited: 115-5 08-05-08 NOCV 09-04-08 SOY 09-04-08 NOH 09-04-08 POS 09-12-08 POS 09-23-08 CO Officer Siegrist Re-Inspection Date: 08-20-08 Meeting Date: 09-23-08 Regular and Certified Mail Posting Given until 09-30-08 to comply or be fmed $1 OO/per day and authorize city to abate 10-01-08 ANC Observation: Weeds/grass growth over 10". Member Ballard, seconded bv Member Elliott, moved in Case Number 08-188 to imvose fine of$100/a dav effective October 1st until comvliance. Motion carried unanimouslv. Case No. 08-197 - Martin and Celia Martinez 1101 Kimball Drive Violation cited: 115-5 08-21-08 NOCV 09-04-08 SOV 09-04-08 NOH 09-04-08 POS 09-11-08 POS 09-23-08 CO Officer Rodriguez Re-Inspection Date: 08-29-08 Meeting Date: 09-23-08 Regular and Certified Mail Posting Given until 09-30-08 to comply or be fmed $1 OO/per day and authorize city to abate 09-30-08 ANC 10-07-08 Abatement by City Observation: Overgrown grass/weeds front and back of property. Officer Rodriguez stated they are in compliance. Cost for abatement is $350 plus the $700 for the per day violation. Page 7 of9 Code Enforcement Board Minutes November 25, 2008 Member Sais, seconded bv Member Ballard, moved in Case Number 08-197 to imvose fine of $100/a dav effective October Ft - October ih as well as add $350 for cost of abatement for a totalof$1050. Motion carried unanimouslv. 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 09-09-08 SOV 09-09-08 NOH 09-09-08 POS 09-23-08 CO 09-26-08 AOC Observation: Double gate and 2 walk gates installed without required permits, plans, approval, and inspections. Case No. 08-204 - Meadow Ridge of Orange Co. HOA, Inc., Barfield Fence & Wall, Inc. c/o Lindsay Whittaker 320 Jordan Rose Avenue Violation Cited: 51-13 07-24-08 NOCV 09-09-08 SOV 09-09-08 NOH 09-09-08 POS 09-23-08 CO 09-26-08 AOC Observation: Fence installation without required permits, plans, approval, and inspections. In compliance. In compliance. Re-Inspection Date: 09-08-08 Meeting Date: 09-23-08 Regular and Certified Mail Given until 09-29-08 to comply or be fmed $150/per day Officer Rodriguez Re-Inspection Date: 09-08-08 Meeting Date: 09-23-08 Regular and Certified Mail Given until 09-29-08 to comply or be fined $ 150/per day Member Lowerv. seconded bv Member Elliott. moved to cancel the December 23. 2008. Code Enforcement Board Meetinf!. Motion carried unanimouslv. COMMENTS Officer Loeffler presented exhibits of successful compliances within the City and thanked the citizens for all their work and effort. Officer Rodriguez announced her son would be returning home from the Marines to spend Thanksgiving with the family. Officer Siegrist and Delgado wished everyone a Happy Thanksgiving and Merry Christmas! Development Services Director Shadrix introduced himself and thanked the board for their time and effort in helping the Community look nice. He further wished everyone a Happy Holiday! Page 8 of9 Code Enforcement Board Minutes November 25, 2008 Attorney Sneed inquired if the board would like form motions for the lien and assessing of the abatement. She stated she would bring some in for the next meeting. She also wished everyone a Happy Holiday! Members Sais, Lowery, Elliott, and Ballard wished everyone a Happy Holiday and Prosperous New Year! Vice Chair Godek wished everyone a Happy Thanksgiving, Merry Christmas, and Happy New Year! He announced his farewell to Member Stanley who has resigned to attend classes to further her education. He stated the board is down and has two positions open and applications can be found in the City Clerk's Office or on-line. ADJOURNMENT Meeting adjourned at 7:52 p.m. APP~ Robert Godek, Chairman Page 9 of9