Loading...
HomeMy WebLinkAbout02-24-2009 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 24, 2009 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:04 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 M. Godek, Members Alexander, Ballard, Elliott, and Lowery. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Permitting Clerk Everett, Administrative Assistant II Barker, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Member Sais was 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, 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 SEPARATEL Y. The Consent Agenda consisted of approval of Items A, B and C. *Note: Consent Agenda was amended A. Minutes of the January 27,2009, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 09-024, 09-025, and 09-026 were transferred to consent.) Case Number Respondent Location of Violation 1. 09-020F Florida Solar Control, W.R.... 305 N. Ocoee-Apopka Road 2. 09-024 New Image Consultants, BP Connect 1650 E. Silver Star Road 3. 09-025 New Image Consultants, BP Connect 10960 W. Colonial Drive 4. 09-026 Abimael & Elizabeth 1. Sanabia 1412 Center Street C. Order of Continuance - None Code Enforcement Board Minutes February 24, 2009 Member Ballard. seconded bv Member Lowerv. moved to approve the Consent Agenda with the amendments presented bv staff. 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, 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, SOV - STATEMENT OF VIOLATION (S) and WD- WITHDREW. Vice Chair M. Godek. seconded bv Member Lowerv. moved to hear the cases in the followinz order: Case No, 08-232. 09-028. 09-013. 09-016. 09-017F. 09-027. and 07-040: then revert back to the azenda. Motion carried unanimous/v. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 08-232 - Patricia Burney 1512 Lady Avenue Officer Delgado Violation Cited: 108-24D, 108-22, 108-23E (1) (2), 108-23W, 108-191 and 108-19A 10-06-08 NOCV Re-Inspection Date: 10-22-08 11-05-08 SOY 11-05-08 NOH 11-05-08 POS 11-13-08 POS 11-25-08 OC 01-06-09 SOY 01-06-09 NOH Meeting Date: 01-27-09 01-06-09 POS Regular and Certified Mail 01-27-09 OC Meeting Date: 02-24-09 01-28-09 POS Regular and Certified Mail 02-17 -09 POS Hand Delivery Observation: No smoke detectors installed. Washing machine not connected to drainage system, Install cover- interior electrical panel box. Ceiling electrical wires exposed and no light fixture. Missing faceplate covers throughout house. Exposed wires at water heater, No door or door jams in bathroom. Front living room has large holes in ceiling from water damage repair or ceiling replacement. Need roofmg permit for holes and leaks in roof, from City of Ocoee, Building Department, contractor required due to owner not living in the home. Permit obtained and no work has been done. Meeting Date: 11-25-08 Regular and Certified Mail Posting Officer Delgado gave a detailed history of the case and further stated, as of today, the property is still in non-compliance. The violations that still exist are 108-24D, 108-23 E (1) (2), and 108-19A. Member Ballard inquired if the property was vacant and Officer Delgado stated at this time no one is living in the home. Page 2 of 13 Code Enforcement Board Minutes February 24, 2009 Patricia Burney, resides at 1110 Kimball Dr., stated she now resides with her mother who has Alzheimer. Keith Harris, friend/roof contractor, stated he is here to help Ms. Burney get her roof straightened out. Ms. Burney informed the board that the home is completely empty at this time and there is no hot water heater or washer/dryer. She further stated her son did put the outlet covers back before he moved out. Chairman Godek inquired as to when they will be in compliance with the remaining violations. Ms. Burney stated she should be able to have it in compliance within a month. She also has someone that will be finishing the drywall for her. She further stated she only gets $500 a month and she is trying to do the best she can. Ms. Burney added that the roof and the inside repairs should be done within at least 2-3 months at the most; she has friends that are willing to help her. Chairman Godek informed Ms. Burney that they do not generally give respondents that much time. Member Ballard inquired if the roof is shingles. Mr. Harris stated it is a flat roof and he is in the process of tearing it off. He stated the situation is that he is donating his material and funds are limited, Member Alexander inquired if they had a permit. After a brief discussion regarding the roof repairs Officer Delgado informed the board that her violation is not the roof since a permit was pulled and they have complied with that violation with her. The permit has become expired and Officer Rodriguez will address that issue next. Her concerns are the hole in the ceiling and the water heater that is draining out. Member Ballard. seconded bv Member Elliott. moved in Case Number 08-232 to find the respondents in violation of 108-24D. 108-23 E (l) (2), and 108-19A. as of October 19.2008. and be given until March 23. 2009. to complv or be fined $150/a dav thereafter, After a brief discussion motion carried 4-2 with Member Lowerv and Member Alexander opposing. Case No. 09-028 - Patricia Burney 1512 Lady Avenue Officer Rodriguez Violation Cited: 105.4 01-22-09 NOCV Re-Inspection Date: 02-09-09 SOY 02-09-09 NOH Meeting Date: 02-24-09 02-10-09 POS Certified Mail 02-16-09 POS Posting Observation: Failure to obtain any required fmal inspections for a partial re-roof, permit #08000865, issued on June 26, 2008. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in non-compliance. Patricia Burney stated she does not reside at 1512 Lady Ave. and just found out about this when Officer Delgado hand delivered the notice of code violation letter. Mr. Harris stated if he could be given a month, like the previous case, he will move things along. Page 3 of 13 Code Enforcement Board Minutes February 24, 2009 Member Elliott. seconded bv Member Ballard. moved in Case Number 09-028 to find the respondents in violation as cited. as of Februarv 5. 2009. and be $liven until March 23. 2009. to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 09-013 - Dennis H. Jones Sr. & Robert D. Bauer 651 L.F. Roper Parkway Officer Loeffler Violation Cited: 5-1 04-04-08 NOCV Re-Inspection Date: 11-21-08 01-15-09 SOY 01-15-09 NOH Meeting Date: 01-27-09 01-15-09 POS Regular and Certified Mail 01-16-09 POS Hand Delivery 01-27-09 OC Meeting Date: 02-24-09 01-28-09 POS Regular and Certified Mail Observation: Zoning violation. Tenant residing at 651 L.F. Roper Parkway, which is zoned for industrial use. Single-family dwelling on permitted within areas zoned as R-1 through R-1AAA. 651 L.F. Roper Parkway is within an 1-1 zoning district. Officer Loemer gave a brief history of the case and stated, as of today, the tenant is still residing at the location. Dennis Jones Sr., 1401 Dove Drive, Orlando, FL 32803, and Robert Bauer (homeless no residence), presented themselves to testify before the board. Mr. Jones stated he has heard what Code Enforcement Officer Loeffler has presented to the board. He further stated that he was subpoenaed by a judge to testify on behalf of Mr. Bauer and as a result Mr. Bauer could be released and put on bond. He agreed to give Mr. Bauer a job as a third shift security guard and has not given Orange County Police Department, Ocoee Police Department, or the Code Enforcement Department any problems for the past two years. Mr. Jones stated that no one sleeps at his industrial building except himself every once in a while if he gets in late. He further stated the Mr. Bauer's home is his truck and that is wherever he can park it. Mr. Jones stated that 651 L.F. Roper Pkwy is not the residence of Mr. Bauer; he is just an employee that works there. Mr. Jones stated it is not the Code Enforcement Department who claims he lives there; it is the Ocoee Police Department who is claiming this. Officer Loemer stated there is a government website listing 651 L.F. Roper Parkway as Mr. Bauer's residence and the Police Department, who randomly check his status, have been able to locate Mr. Bauer at that address. He further stated compliance to this violation would be if the website listed another residential address or Mr. Bauer moved somewhere else. Chairman Godek inquired as to where Mr. Bauer bath's. Mr. Bauer stated wherever he can; sometimes at a friend's house. Member Alexander inquired if there were facilities in the industrial building. Mr. Jones stated there are but there are times where Mr. Bauer takes showers at his home or he may go to his sister's house in Orlando. He further stated that Mr. Bauer is required to keep a distance from any schools, playgrounds, school bus stops, and any parks. Mr. Jones stated that Mr. Bauer's probation officer has informed him that they are more in compliance then any of the other's on probation. Member Elliott inquired if Mr. Bauer works for Mr. Jones and if so, as to what address Mr. Bauer has listed on his paycheck since he is an employee. Page 4 of 13 Code Enforcement Board Minutes February 24, 2009 Mr. Jones stated he does not write Mr. Bauer a check because he only works for him periodically and very little at that. He pays him cash just as many others who hire Mr. Bauer to do odd jobs. Member Lowery inquired if he was an independent contractor and if so, was he given a 1099 form to file. Mr. Jones stated he does not pay him that much. Vice Chair M. Godek inquired from Mr. Bauer if he had a driver's license and what address was listed on it. Mr. Bauer stated 651 LF Roper Parkway was listed on his driver's license but he only uses that address to have his mail forwarded there. Officer Loeffler stated the city's position is that between the driver's license and the governmental web site that he is residing at that address. Vice Chair M. Godek stated if he only uses that address for mail, then why does he not use Mr. Jones' home address or his sisters' for that purpose. Mr. Bauer stated his probation officer advised him that the address he uses has to follow all the stipulations and rules imposed. He further stated he should have asked his probation officer but he is aware that there are many offenders who live in the woods and is not aware of how they register an address. Mr. Jones stated he is hoping that the board will see what he is doing is the right thing by not putting Mr. Bauer out in the street to live in the woods like a dog. He further gave a brief history of several current event stories that involve sexual offenders. Vice Chair M. Godek stated what they have is a case that they need to bring into compliance and that is the only issue before them. Officer Loeffler stated he would work with Mr. Bauer and is asking the board to give him a reasonable compliance time to find a residence. Member Alexander inquired from Mr. Bauer if he had any back up plans. Mr. Jones stated that Mr. Bauer does not make the kind of money that will let him afford a place to live. Member Ballard. seconded bv Vice Chair M. Godek. moved in Case Number 09-013 to find the respondents in violation as cited as of April 30. 2008. and be $liven until April 27. 2009. to comply or be fined $l/a dav thereafter, Member Elliott. seconded bv Member Alexander. moved to amend the previous motion to state: be fined $50/a dav thereafter. Motion carried unanimouslv. Member Ballard. seconded bv Vice Chair M. Godek. moved in Case Number 09-013 to find the respondents in violation as cited. as of April 30. 2008. and be $liven until April 27. 2009. to complv or be fined $50/a dav thereafter. Motion carried unanimouslv. Case No. 09-016 - Foundation of Lights, Inc. c/o Nasir Naeem 120 Floral Street Officer Siegrist Violation Cited: 51-13 12-19-08 NOCV Re-Inspection Date: 12-31-08 01-15-09 SOY 01-15-09 NOH Meeting Date: 01-27-09 01-15 -09 POS Regular and Certified Mail 01-27-09 OC Meeting Date: 02-24-09 01-28-09 POS Regular and Certified Mail Observation: Work without a permit. Exterior electrical and lighting in parking and building areas. Officer Siegrist gave a brief history of the case and provided exhibits. He stated, as of today, Page 5 of 13 Code Enforcement Board Minutes February 24, 2009 the property is in non-compliance. He has spoken with the owner who had stated they would be obtaining a permit. Carl Shaheed Saywacklall stated he is a member of the church and was just appointed position of maintenance person for the church. He received a notice and has been trying to handle the situation since then. Their church has religious celebrations that require them to attend church when it is dark out so they put up a light pole for safety reasons; however, a permit was not pulled. He has spoken with Progress Energy and they are in the process of putting in two light poles. Mr. Saywacklall stated he will be removing the light and is asking the board to please allow them a reasonable time to do so. There is one existing light pole that he only replaced the fixture and if a permit is required for that he will comply. Mr. Saywacklall stated if he could speak with the electrician from the City he can get guidelines and make sure they are doing everything correct. Chairman Godek inquired as to how much time was needed to come into compliance. Mr. Saywacklall stated that he should be able to comply within at least a month. Building Official Washington stated that he has spoken with Mr. Saywacklall numerous times and he is working with the City in trying to come into compliance. He further stated that pulling this permit will not be easy since it has to go through the Planning Department. There are certain requirements for lighting such as specific poles that may be allowed. A brief discussion ensued regarding the lighting that was put up and how to eliminate any hazards until a permit was pulled. Member Elliott inquired if they started their process with Progress Energy. Mr. Saywacklall stated he has and they should be hearing from them in a couple of weeks. Mr. Saywacklall stated he can remove the lights in the parking area but the other four lights he is asking for a reasonable time to pull a permit. Member Alexander inquired if they have provided plans to the Planning Department. Mr. SaywacklaU stated he has not submitted plans and was trying to get them submitted today but was unable to get with his electrician. Vice Chair M. Godek. seconded bv Member Ballard. moved in Case Number 09-016 to find the resvondents in violation as cited. as of December 29. 2008. and be given until March 23. 2009. to comply or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 09-017F - Joseph & Lee Ann Truett - Countrywide Home Loans 504 Wither Court Division Chief Stanley Violation Cited: NFPA 108-7, 108-19 (I), 108-23 (D) (E) (1) (2) (F) (I) (J) (M) (2) (N) (2) (R) (S) 01-06-09 NOCV Re-Inspection Date: 01-26-09 01-26-09 SOY 01-26-09 NOH Meeting Date: 02-24-09 01-26-09 POS Certified Mail Observation: Home damaged by fire causing it to be unsafe, a fire hazard, and a nuisance/public nuisance. Division Chief Stanley gave a brief history of the case and provided exhibits. He further stated due to the structure being unsafe and unsanitary the Fire Department is respectfully requesting that the structure be abated by City contracted demolition. Division Chief Stanley stated he has spoken with the owner and they stated to him that they are going through foreclosure. Division Chief Stanley stated they have sent notices to Countrywide and have Page 6 of 13 Code Enforcement Board Minutes February 24, 2009 received the return receipt back but have not had any correspondences with them. Chairman Godek inquired if they abate the nuisance who is going to cover the expense. Division Chief Stanley stated the City would contract with a demolition company and if they abate the nuisance they would assess the costs against the property. Michael Poulin, 503 Withers Court, stated they were there when the fire happened two years ago and this nuisance has been an ongoing issue. He stated he has recently seen rodents going in/out of the house and kids going through the home as well. He further stated it is a major safety hazard and is asking the City to please knock the home down. A brief discussion ensued as to what a reasonable time would be to allow compliance and as to how the abatement would be handled. Member Lowerv. seconded bv Member Ballard. moved in Case Number 09-017F to find the respondents in violation as cited. as of Januarv 21. 2009. and be $liven until March 13. 2009. to complv or be fined $150/a dav thereafter and authorize the Citv to abate the nuisance and assess the cost against the propertv. Motion carried unanimouslv, Case No. 09-027 - Gator Sign, Inc. and West Oaks Mall 9401 W. Colonial Drive #646 Officer Rodriguez Violation Cited: 105.4 01-13-09 NOCV Re-Inspection Date: 02-02-09 02-09-09 SOY 02-09-09 NOH Meeting Date: 02-24-09 01-10-09 POS Certified Mail Observation: Failure to obtain any required inspections for an electrical hook-up, permit #0701598, issued on August 30,2007. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in non-compliance. Charles Allen Jr. stated he is the state licensed contractor for Gator Sign, Inc. He further stated he is requesting 60 days to come into compliance. He has met with the Code Enforcement Officer, as well as with the Electrical Inspector out at the site. Mr. Allen briefly explained his work was altered by another contractor and he is in the process of trying to work with that company. The West Oaks Mall is also requiring him to add them in as an additional insurer so he is trying to work that out as well. Member Elliott inquired if he put up the sign and if a final inspection was done. Mr. Allen stated the sign was originally put up in 2007 but a final inspection was not done. He briefly explained the problems he encountered with receiving the correct sign. He had called for an inspection but it did not pass because someone had altered his work. Member Ballard. seconded bv Member Alexander. moved in Case Number 09-027 to find the respondents in violation as cited. as of Januarv 21. 2009. and be given until March 23. 2009. to complv or be fined $50/a dav thereafter, Page 7 of 13 Code Enforcement Board Minutes February 24, 2009 Member Elliott. seconded bv Vice Chair M. Godek. moved to amend the vrevious motion to state: be fined $150/a dav thereafter, Motion carried unanimouslv. Member Ballard. seconded bv Member Alexander. moved in Case Number 09-027 to find the respondents in violation as cited. as of Januarv 21. 2009. and be given until March 23. 2009. to comvlv or be fined $150/a dav thereafter. Motion carried unanimouslv. Break 8:38 p.m. - 8:46 p.m. Case No. 07-040 - Ranna Zaflow 122 Bismark Court Violation Cited: 115-5 03-21-07 NOCV 04-09-07 SOY 04-09-07 NOH 04-24-07 POS 04-24-07 CONT 05-22-07 CONT 05-24-07 POS 05-24-07 POS 06-26-07 CO Officer Rodriguez Re-Inspection Date: 04-09-07 Meeting Date: 04-24-07 Certified Mail Meeting Date: 06-26-07 Certified Mail Posting Given until 07-02-07 to comply or be fmed $250/a day. Also Authorize City to abate the nuisance 07-03-07 ANC 07-24-07 OIF Total amount due: $4,796.85 02-24-09 Request for Re-hearing Reduction of Fine Observation: Overgrown grass/weeds. Vice Chair M. Godek. seconded bv Member Alexander. moved in Case Number 07-040 to re- hear case for request for reduction of fine. Motion carried 5-1 with Member Ballard ovposin$l. Officer Rodriguez gave a brief history of the case and stated there is a total amount due of $4,796.85. Sally Castillo, real estate agent for property, stated she is here to ask for a reduction since the bank did not own the property on November 4,2008. She further stated since they have taken ownership, the property has been cleaned out and the lawn has been maintained. Chair Godek stated the bank was aware that the lien was on the property before they took over. Ms. Castillo stated she thought the previous owner would be responsible for the fine. The bank has asked her to come before the board to ask for reduction or to have the fine withdrawn. Member Ballard stated he has seen the property recently and does not feel the lawn is in perfect condition or meets the guidelines. He stated it is full of weeds and looks pretty bad. Member Elliott inquired how much out of pocket the City has invested into the property. Officer Rodriguez stated $250 was spent on abating the nuisance. Member Elliott inquired as to how they got to the $4796.85. Officer Rodriguez stated it was the accruing fine of Page 8 of 13 Code Enforcement Board Minutes February 24, 2009 $250/per day plus the abatement cost. Permitting Clerk Everett advised that interest is also added to the fine. Member Elliott verified that the City is only out-of-pocket the $250, Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 07-040 to recommend to the Citv Commission to reduce fine to $2300,00. Motion carried 5-1 with Member Ballard opposing. Case No. 09-009 - William Freeman Jr. 709 Broadway Drive Officer Siegrist Violation Cited: 115-6 11-19-08 NOCV Re-Inspection Date: 12-03-08 01-12-09 SOY 01-12-09 NOH Meeting Date: 01-27-09 01-13 -09 POS Regular & Certified Mail 01-27-09 OC Meeting Date: 02-24-09 01-28-09 POS Regular & Certified Mail 02-11-09 POS Posting Observation: Dirty Swimming Pool Water. Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance. Officer Siegrist also stated as far as he is aware there are residents living in the home. Vice Chair M. Godek. seconded bv Member Elliott. moved in Case Number 09-009 to find the respondents in violation as cited. as of November 29. 2008, and be given until March 23. 2009. to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 09-011 - Timothy D. Druthe Sr. 771 Patriots Point Drive Officer Siegrist Violation Cited: 115-6, 115-5 10-23-08 NOCV Re-Inspection Date: 11-10-08 01-12-09 SOY 01-12-09 NOH Meeting Date: 01-27-09 01-13-09 POS Regular & Certified Mail 01-27-09 OC Meeting Date: 02-24-09 01-28-09 POS Regular & Certified Mail 02-11-09 POS Posting Observation: Weed/grass growth over 10" and dirty swimming pool water. Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance of 115-5. The property is vacant and he is not sure who cleaned the pool but weeds/grass is still in non-compliance. Vice Chair M. Godek. seconded bv Member Elliott. moved in Case Number 09-011 to find the respondents in violation of 115-5. as of November 7. 2008. but in compliance of 115-6. as of Januarv 14. 2009. and be given until March 13. 2009. to complv with 115-5 or be fined $150/a dav thereafter. Motion carried unanimouslv, Page 9 of 13 Code Enforcement Board Minutes February 24, 2009 Case No. 09-012 - Paulo H. Miller 844 Patriots Point Drive Officer Siegrist Violation Cited: 115-6,115-5 10-23-08 NOCV Re-Inspection Date: 11-10-08 01-12-09 SOY 01-12-09 NOH Meeting Date: 01-27-09 01-13-09 POS Regular & Certified Mail 01-27-09 OC Meeting Date: 02-24-09 01-28-09 POS Regular & Certified Mail 02-11-09 POS Posting Observation: Weed/grass growth over 10" and dirty swimming pool water. Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance of 115-6. Property is vacant and he is not sure who mowed grass but the pool is still in non-compliance. Member Elliott. seconded bv Member Lowerv. moved in Case Number 09-012 to find the respondents in violation of 115-6. as of November 7. 2008. and be $liven until March 23. 2009. to complv or be fined $150/a dav thereafter. Motion carried unanimouslv. Case No. 09-018F - Mark & Janet Peach - Countrywide Home Loans 1400 Samantha Street Division Chief Stanley Violation Cited: NFPA 108-7, 108-19 (1),108-23 (D) (E) (1) (2) (F) (I) (J) (M) (2) (N) (1) (2) (R) (S) 12-31-08 NOCV Re-Inspection Date: 01-26-09 01-26-09 SOY 01-26-09 NOH Meeting Date: 02-24-09 01-26-09 POS Certified Mail Observation: Home damaged by fire causing it to be unsafe, a fIre hazard, and a nuisance/public nuisance. Division Chief Stanley gave a brief history of the case and provided exhibits, Chairman Godek inquired if the owners Mark & Janet Peach were contacted. Division Chief Stanley stated that Mr. & Mrs. Peach reside in Alabama and informed him that home has been foreclosed, He has contacted Countrywide Home Loans via certified mail. Member Ballard inquired if the property has exterior doors that have not been secured. Division Chief Stanley stated there are some boards over some windows but the front door has windows knocked out of it and the back sliding glass door is off the track and wide open. He has received complaints regarding children playing in and around the home. Member Lowery and Alexander asked if the home is abated will the swimming pool be filled. Division Chief Stanley stated that he believes Code Enforcement has had barricades up to abate the broken fence problem. He further stated he believes that the pool will also be abated and can be made part of the demolition requirement. Member Ballard inquired if anyone has looked into finding out if the home was insured at the time of the fire so that the city may be able to recuperate some of their cost. Division Chief Stanley stated they do not have any particular way to find out unless Countrywide or the homeowner would give them that information. Attorney Sneed stated that is something the City can get with their City Attorney to discuss. Page 10 of 13 Code Enforcement Board Minutes February 24, 2009 Member Ballard. seconded bv Vice Chair M. Godek. moved in Case Number 09-018F to find the respondents in violation as cited as of Januarv 19. 2009. and be given until March 10. 2009. to complv or be fined $150/a dav thereafier and authorize the City to abate the nuisance and assess the cost against the property, Motion carried unanimouslv. Case No. 09-019F - Ocoee Animal Hospital- Marc A. Hall 733 S. Bluford Avenue Division Chief Stanley Violation Cited: NFPA 1 (11.1.5), (14.14.1.5.1) 01-13-09 NOCV Re-Inspection Date: 01-19-09 01-29-09 SOY 01-29-09 NOH Meeting Date: 02-24-09 02-02-09 POS Certified Mail Observation: Extension cord in place of permanent wiring; Exit sign not working. Division Chief Stanley gave a brief history of the case and provided exhibits. He further stated the property is in compliance and they are requesting the respondent pay the administrative costs of $186.82 Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 09-019F to find the respondents in violation as cited. as of January 19. 2009. but in compliance as of Februarv 3. 2009. and no fine be assessed; however. the respondent be ordered to pav the administrative cost of$186.82. Motion carried unanimouslv, Case No. 09-021F - Regions Bank - Corporation Service Co., John D, Buchanan 252 Ocoee-Apopka Road Division Chief Stanley Violation Cited: NFPA 101 Life Safety Code 01-26-09 NOCV Re-Inspection Date: 01-30-09 02-02-09 SOY 02-02-09 NOH Meeting Date: 02-24-09 02-02-09 POS Certified Mail Observation: Fire alarm out of date and in trouble mode. Division Chief Stanley gave a brief history of the case and provided exhibits. He further stated the property is in compliance and they are requesting the respondent pay the administrative costs of $192.73. Member Elliott. seconded bv Member Ballard. moved in Case Number 09-021F to find the respondents in violation as cited. as of Januarv 30. 2009. but in compliance as of February 6. 2009. and no fine be assessed; however. the respondent be ordered to pav the administrative cost of$192. 73. Motion carried unanimouslv. Case No. 09-023 - Lowes Companies Inc. and Craig & Belsis Smalley 5062 Timber Ridge Trail Officer Rodriguez Violation Cited: 105.4 12-09-08 NOCV Re-Inspection Date: 02-05-09 02-09-09 SOY 02-09-09 NOH Meeting Date: 02-24-09 Page 11 of 13 Code Enforcement Board Minutes February 24, 2009 02-10-09 POS Certified Mail 02-16-09 POS Posting Observation: Failure to obtain any required inspections for a garage door, permit #08000421, issued on April 2, 2008, 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 Elliott clarified that the contractor asked for an extension in January and the actual homeowner asked for an inspection in February. Officer Rodriguez explained that Lowes initially requested a final inspection but failed it. In February the homeowner's contacted the city inspector for a consultation. Vice Chair M. Godek. seconded bv Member Ballard. moved in Case Number 09-023 to find the resvondents in violation as cited. as of Januarv 9. 2009. and be given until March 18. 2009. to comvlv or be fined $150/a dav thereafier as well as have respondent vav $25.00 re- insvection fee. Motion carried unanimouslv. OTHER BUSINESS Case No. 09-005 - Richard & Staci Beecher 1709 Cambridge Village Officer Rodriguez Violation Cited: 115-5 12-03-08 NOCV Re-Inspection Date: 12-16-08 01-05-09 SOy 01-05-09 NOH Meeting Date: 01-27-09 01-05-09 POS Regular & Certified Mail 01-14-09 POS Posting 01-27-09 CO Given until 02-06-09 to comply or be fmed $ 150/per day Observation: Overgrown grass/weeds. Officer Rodriguez stated this case is to impose fine. Respondents were given until February 6,2009, and they have not complied. The property is vacant. Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 09-005 to impose fine of $150/ver dav as of Februarv 7. 2009. until compliance, Motion carried unanimouslv. COMMENTS Vice Chair M. Godek inquired if there will be any other fire damaged homes coming before them. Division Chief Stanley stated they have had 5 fires in the last 2 Y2 weeks. Attorney Sneed reminded the board that they do not want to hear specifics on any cases that may/may not be coming before them in the future. Member Lowery commended the Code Enforcement Officer's and Fire Department for bringing compliances of the cases for the City. Page 12 of 13 Code Enforcement Board Minutes February 24, 2009 ADJOURNMENT Meeting adjourned at 9:36 p.m. '/'U MJJI Melanie Sib bitt; eputy City Clerk Page 13 of 13 APP~~: Af(- &~~.'t/:; ,.1/ /----~ Robert Godek, Chairman