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HomeMy WebLinkAbout07-28-2009 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JULY 28, 2009 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 Hopper led the Invocation and Member Lowery 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, Hopper, Lowery, and Alternate Member Osborne. Also present were Code Enforcement Officer Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley, Fire Inspector Sorenson, Administrative Assistant Ballard, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Members Elliott, Sais, and Alternate Member Morton were absent excused. GUESTS: Deputy Building Official Hall. Administrative Assistant Ballard administered the oath to Code Enforcement Officer Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley, Fire Inspector Sorenson and anyone intend~ng 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 WInCH 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 June 23,2009, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 09-032F, 09-150, 09-153, 09-156, 09-157, 09- 159, 09-161, 09-163, 09-165, 09-166, 09-167, 09-169, 09-171, 09-172, 09-174, 09-175, 09..176, 09-179, 09-181, 09-184, 09-185, 09-187, 09-188, 09-189,09-190, 09-191, 09-200, and 09-201 were transferred to consent.) Case Number Respondent 1. 09-032F Patricia Marie Czarkecke 2. 09-131 Francis Husbands & Heath... 3. 09-150 St Fluer Sneider & Delva Ercilia . 4. 09-153 Edwin E Gomez Location of Violation 54 Rewis Street 731 Huntington Pines 2124 Laurel Blossom Cir. 1370 Montheath Cir. Code Enforcement Board Minutes July 28, 2009 5. 09-156 6. 09-157 . 7. 09-159 8. 09-161 9. 09-163 10.09-165 11. 09-166 . 12. 09-167 13.09-169 14.09-171 15.09-172 16.09-174 17.09-175 . 18.09-176 19. 09-179 20.09-181 21. 09-184 22. 09-185 .23.09-187 24.09-188 25.09-189 26. 09-190 27.09-191 28. 09-200 . 29. 09-201 Roderick Smith Rossi Gianmarco Patrick D Spikes Jr. & Noelle C... Nguyen K Ieu Hanh T & Huynh... William & Brenda Redding Calvert A Rowe William H Winsemann III Loi Dai V 0 & Thao Thi Nguyen & William Charreiez Fabre Lefien, Bassia Solon, Jorel ... Ison Lane Trust Lennox Cox Omar Ibarra Clifford Dunlap Suzanne & William Clark Timothy & Chandelaria Heffernan Ronald & Barbara Merideth Latrese A Jett Chi M Wang & Richard Rodrigues Mildred N Warren & Rodd Moss Michael & Tara Handley Alves Leonel Ciciero Vainer Martin & Kimberly Bauer Bennett R Anderson Nabil Chakrouni 2334 Laurel Blossom Cir. 2382 Laurel Blossom Cir. 2658 Greywall Ave. 2212 E H Pounds 604 Hill Ave. 2630 Wimbledon Ct. 2702 Coventry Lane 2547 Dovetail Dr. 1833 Palmerston Cir. 1726 Palmerston Cir 1520 Ison Lane 1722 Rachels Ridge Loop 901 Hawaii Dr. 934 Hire Cir. 711 Starke Lake Cir. 1003 Ridgefield Ave. 12 Lafayette Street 2388 EI Marra Dr. 804 Center St. 1000 Enter St 1101 Flewelling Ave. 538 SafeHarbour Dr. 806 Apricot Dr. 128 Olympus Cir. 540 Goldenmoss Loop C. Order of Continuance (August 25, 2009, Meeting). (Case Numbers 09-155, 09-160, 09- 168,09-170,09-173, and 09-180 were transferred to consent.) Case Number Respondent Location of Violation . 1. 09-155 David Crawford 2243 Laurel Blossom Cir. 2. 09-160 Diana Guyadeen 3001 Spicenut Court 3. 09-168 Joseph H Kraus & Evelyn Kraus 3419 Bromfield Dr. 4. 09-170 Arthur A & Fawzia Y Mahanpour 1786 Palmerston Cir. 5. 09-173 Raul 1. & Edna M. Vargus 1714 Sparrow Song Lane 6. 09-180 Candace Dawn Hymel 909 Starke Lake Cir. . 7. 09-196 Lobo Laundromat 11173 W Colonial Drive 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 HODDer. moved to hear the cases in the following order: Case No. 09-194. 09-197. and 09-186: then revert back to the agenda. Motion carried unanimouslv. Page 2 of 17 Code Enforcement Board Minutes July 28, 2009 COMMENTS FROM CITIZENS Patrick Spikes, regarding 2658 Greywall Ave., stated he was just notified that his case was being dismissed but he still wanted to go over what he experienced as a citizen with his case. On Monday, June 15th he received a letter that said he had to have the lawn mowed and in compliance by the afternoon of the 16th or fines could ensue. On the morning of June 16th he called'the Code Enforcement Department and spoke with Officer Rodriguez to let her know that he would not be able to cut the grass that day but he could have it done on Saturday, June 20th. Mr. Spikes stated that Officer Rodriguez said that would be fine as long as it was taken care of. On June 18th the realtor for the property called him to tell him that Officer Rodriguez called their office to see if the lawn could be mowed sooner. Mr. Spikes stated he no longer lives at that address and could not have the lawn mowed sooner. On Saturday, June 20th he mowed the lawn, as he had stated he would, and on Monday, June 22nd he called the officer to let her know the lawn was done. He further stated he asked Officer Rodriguez if he would receive a letter or anything showing she inspected his progerty but Officer Rodriguez told him the city does not do that. Mr. Spikes stated on June 25 he received a notice that stated he has to appear at a hearing regarding his property not being in compliance and that the property was inspected on June 17th. He further stated he has always learned to keep communication going so he called the city after he received the letter and left several messages but never received any calls back or any other correspondences. On July 24th he followed up with another phone call to inquire if he needed to come before the hearing. He left a message with Fire Marshall Stanley and, as of today, he did not receive any phone call back on this issue. He just wanted to inform the board that the total lack of communication can cause a citizen to be angry and become upset and he was hoping they could learn something from what he just relayed to them. The board members thanked him for his time and Member Hopper stated that is good feedback for the city. 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, NO<::V - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS-No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIFIL- ORDER IMPOSING FINElLIEN, 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 Page 3 of 17 Code Enforcement Board Minutes July 2~, 2009 Case No. 09-194 - Carlton and Linda J. Snyder, Orlando Punit, LLC 600 Lyman Avenue Officer Siegrist Violation Cited: 108-35 04-17-09 NOCV 07-09-09 SOY 07-09-09 NOH 07-09-09 POS Observation: Public Nuisance. Re-Inspection Date: 06-23-09 Meeting Date: 07-28-09 Regular & Certified Mail 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. Rachelle Gemill, sister to Jamie Phillips of 600 Lyman Ave., stated the trailer has been on the property since 1969. Her grandmother resided in the trailer years ago before her passing. She further stated her grandmother temporarily allowed someone to stay in the trailer because they were homeless. Ms. Gemill addressed one of the exhibit pictures, explaining that what is sho~ is not a sewer problem but instead a picture of the wash out from the washer. She further stated she feels the trailer should be grandfathered in and does not understand the issue at hand. Jamie Phillips, 600 Lyman Ave., stated that her father is not in the best health and they are on a fixed income. She further stated she also resides at the home and is a single mother with one income. Ms. Phillips stated that there is no one presently living in the trailer, They have vacated it and the tenant has not returned. Ms. Phillips further stated there had never been a problem with the trailer until she placed tenants in there to help them out. She stated that it is hard for them to just tear the trailer down when it has been on the property since 1969 before her house was even built in 1978. Ms. Gemill stated that they were told that the trailer could stay if they brought it up to code and then suddenly the story changes and it is something else. She stated there was no communication from the officer that indicated that he came out on all the dates he mentioned in his testimony. Ms. Gemill further stated she has called the office and there has been a lack of communication since no one has returned her phone calls. Officer Siegrist stated that is incorrect because he has spoken to their mother. Vice Chair M. Godek advised Ms. Phillips and Ms. Gemill that it is not required for the officer to knock on the respondent's door every time he does a drive by. Division Chief Stanley stated he wanted to clarify that himself and Deputy Building Official Hall both had a conference call with their father several times regarding the structure. He stated it would be incorrect to say that the city has not returned any calls. Division Chief Stanley further stated that the Deputy Building Official did explain what was required to bring the structure up to code and make it in compliance. Ms. Phillips stated that they have asked if they could bring the building up to code and into compliance but were told it had to be torn down. Deputy Building Official Hall stated he has spoken to the owner of the property twice regarding the structure. He further stated he would like to bring several issues up to the board. There are several city ordinances dealing with the structure. The structure is a travel trailer which has been added on to and is not a trailer that you would live in. Based on that issue they researched a city ordinance that deals with guest cottages but can only be used exclusively for Page 4 of 17 Code Enforcement Board Minutes July 28, 2009 housing members of the family occupying the main building and are non-paying guests. Deputy Building Official Hall stated there is no way to bring that structure into compliance. Since .1969 the structure has not been maintained to any building code what so ever and there are life safety issues that exist and can not be redeemed. Secondly, there are 2-3 other city ordinances that prohibit the use of the structure. Deputy Building Official Hall further referenced the Florida State Statutes that deals with mobile homes and stated there are guidelines for such a structure and it clearly states that a mobile home trailer has to be a stand alone building. The exhibit presented by Officer Siegrist clearly shows violations of these guidelines. Chairman Godek asked if there are any exceptions for the structure since it has been there for 30-40 years. Deputy Building Official Hall stated it is so run down that it is a life safety hazard at this point. Member Hopper inquired if there is a permit that the city can go back to refer t9. Deputy Building Official Hall stated they could not find any permits. Ms. Gemill stated that the structure was there before the house was built so why would they have pulled a permit if the structure already existed. Deputy Building Official Hall stated he has spoken with the Building Official and they will not issue a permit for this structure in the condition that it is in. Ms. Gemill stated they will not be tearing the structure down, so whatever the city has to do is what they will have to do. Chairman Godek inquired as to what the city is requesting for this case. Officer Siegrist stated demolition or removal. Attorney Sneed reminded the board that the only code section cited is 108-35 and they should read the language for that. If they believe the city has proven the violation of that code, then they can proceed accordingly. Member HODDer. seconded bv Member Alexander, moved in Case No. 09-194 to find the respondents in violation as cited as of June 22, 2009. and to be given until August 7, 2009. to complv or be fined $200/per dav thereafter. Also authorize the City to demolish the structure and add the cost of the abatement to the fine. Motion carried unanimous Iv. Ms. Gemill asked when they impose the fine would a lien be put on the house. She further stated the house is going into foreclosure anyways. Case No. 09-197 - Virginia Agraphy 1410 Center Street Officer Delgado Violation Cited: 115-5 06-26-09 NOCV Re-Inspection Date: 07-07-09 07-09-09 SOV 07-09-09 NOH Meeting Date: 07-28-09 07 -09-09 POS Regular & Certified Mail 07 -16-09 POS Posting Observation: Excessive weed and grass growth. Office.r Delgado gave a brief history of the case and further stated, as of today, the property is in non-compliance. Page 5 of 17 Code Enforcement Board Minutes July 28,2009 Jean-Claude Durosier, 1410 Center Street, stated his mother is Virginia Agraphy and he has been working on trying to bring his backyard in compliance. He stated his kids called him today to let him know the officer had stopped by which also happened to be around the same time he had someone working on the yard. Officer Delgado stated she did speak with the person who was working in the yard and she explained to him that the weeds are very high on the side of the fence toward the back of the yard. She testified that the front yard was mowed but the weeds on the side of the house were still of excessive height. Mr. Durosier stated the weeds. have been cut down now. Officer Delgado stated when she observed the house it was not in compliance. Mr. Durosier further stated they are trying their best to keep the yard maintained and, unfortunate for him, when the officer came by his gardeners were in the process of working on his yard. Member Lowerv. seconded bv Member HODDer. moved in Case No. 09-197 to find the respondents in violation as cited as of Julv 5, 2009. and to be !liven until AUflUst 7, 2009, to complv or be fined $50/per dav thereafter. Motion carried unanimouslv. Chairman Godek briefly explained to Mr. Durosier that the next time he is found in violation he would be a repeat violator and could be fined immediately. Case No. 09-186 - Marian Ja Modeste 1518 Prairie Lake Blvd. Officer Rodriguez Violation Cited: 115-5 06-24-09 NOCV Re-Inspection Date: 07-01-09 07-06-09 SOY 07-06-09 NOH Meeting Date: 07-28-09 07-06-09 POS Regular & Certified Mail Observation: Excessive weed or grass growth. Officer Rodriguez gave a brief history of the case and stated the property is in compliance. Member Lowerv. seconded bv Vice Chair M. Godek, moved in Case No. 09-186 to find the respondents in violation as cited as of June 28, 2009, and in compliance as of Julv 28, 2009, and no fine be assessed at this time. Motion carried unanimouslv. Case No. 09-089 - William S. Crockett Jr. 124 S. Bluford Avenue Violation Cited: 115-5, 108-24D3 04-08-0'9 NOCV Re-Inspection Date: 04-20-09 04-23-09 SOy 04-23-09 NOH 04-23-09 POS 05-15-09 POS 05-26-09 OC 06-23-09 OC 06-26-09 POS Regular and Certified Mail Observation: Overgrown grass/weeds. Officer Delgado Meeting Date: 05-26-09 Regular and Certified Mail Posting Regular Mail Page 6 of 17 ______ I Code Enforcement Board Minutes July 28, 2009 Officer Delgado stated on July 21, 2009, she received an invoice from Valley Crest because the city had the property abated. She stated the cost of the mowing was $150.00. As of today, the property is in compliance. Chairman Godek asked if this board had requested the abatement. Officer Delgado stated the abatement was done at the City Manager's request. Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 09-089 to find the respondents in violation as cited as of April 19, 2009, but in compliance as of Julv 28, 2009, and no fine be assessed at this time: however, have the respondents pav the citv's abatement cost of$150.00. Motion carried unanimouslv. Case No. 09-127 - Lake Butler Professional Center LLC 1650 Maguire Road Officer Siegrist Violation Cited: 115-5 04-22-09 NOCV Re-Inspection Date: 05-08-09 05-14-09 SOY 05-14-09 NOH Meeting Date: 05-26-09 05-14-09 POS Regular & Certified Mail 05-15-09 POS Posting 05-26-09 OC Regular Mail 06-23-09 OC 04-28-09 CO 06-26-09 POS Regular & Certified Mail Observation: Weed/grass growth over 10". Office'r Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance and the city is asking to abate the nuisance. Vice Chair M. Godek inquired if they have been unable to contact the Lake Butler Professional Center representative. Officer Siegrist stated he has had no contact from them. Vice Chair M. Godek inquired if he has called them. Officer Siegrist stated he has only sent correspondences by mail and has not had a reply back. Vice Chair M. Godek. seconded bv Member Alexander, moved in Case No. 09-127 to find the respondents in violation as cited as of May 08. 2009, and to be f!iven until AUflUst 7. 2009, to complv or be fined $200/per dav thereafter. Also authorize the Citv to abate the nuisance and add tHe cost of the abatement to the fine. Motion carried unanimous Iv. Case No. 09-128 - MFCS Investors LLC - Arnold M. Einhorn 1100 Blackwood Ave. Officer Delgado Violation Cited: 115-7 04-17-09 NOCV Re-Inspection Date: 06-23-09 06-23-09 SOy 06-23-09 NOH Meeting Date: 07-28-09 06-23-09 POS Regular and Certified Mail 07-16-09 POS Posting Observation: Duty of property owner generally. Officer Delgado gave a brief history of the case and further stated, as of today, the property is Page 7 of 17 Code Enforcement Board Minutes July 28,2009 in compliance. Vice Chair M. Godek. seconded bv Member Lowerv, moved in Case Number 09-128 to find the respondents in violation as cited as of April 27, 2009, but in compliance as of Julv 28, 2009, and no fine be assessed at this time. Motion carried unanimous Iv. Case No. 09-162 - Patel Kuntesh 1585 Glenhaven Circle Officer Delgado Violati6n Cited: 115-5 06-03-09 NOCV Re-Inspection Date: 06-15-09 06-23-09 SOY 06-23-09 NOH Meeting Date: 07-28-09 06-23-09 pas Regular & Certified Mail 07 -16-09 pas Posting Observ.ation: Excessive grass and weed growth. Officer Delgado gave a brief history of the case and further stated, as of today, the property is in non-compliance. Property is vacant and city is requesting abatement. Member Hopper stated that last month it was mentioned by one of the officers that there was no money to abate these properties. Officer Delgado stated the city is trying to work something out where some of the money that the city receives from the liens can go toward abatement. Member Lowerv. seconded bv Vice Chair M. Godek, moved in Case Number 09-162 to find the respondents in violation as cited as of June 12. 2009, and be given until August 7, 2009, to complv or be fined $200/per dav thereafter. Also authorize the citv to abate the nuisance and add the cost of abate to the fine. Member Hopper stated that he mentioned this last month but wanted to touch on it again. Many of the vacant homes end up in foreclosure and after they have imposed a fine of $200/per day, when the property is sold the new owners come before this board to ask for a reduction and it is usually reduced for them. His feelings are that the city needs to have the property sold and the board should just be aware of that when they impose the fine. They are seeing it a lot where the new buyer has a huge fine and can not afford to pay it. Member Alexander stated she agreed but if a $25/per day fine is imposed it may not get the attention of the violator. She further stated some respondents do not even pay attention to the $200/per day fine. After a brief discussion. motion carried unanimouslv. Case No. 09-164 - Albert Griffin Jr. 713 Russell Drive Officer Loeffler Violation Cited: 115-5 06-25-09 NOCV Re-Inspection Date: 06-25-09 SOY 06-25-09 NOH Meeting Date: 07-28-09 06-25-09 pas Regular and Certified Mail Page 8 of 17 Code Enforcement Board Minutes July 28, 2009 Observation: **Repeat Violator**Excessive weed or growth. Officer Loemer gave a brief history of the case and stated that this is a repeat violator. As of today, the property is in compliance. Member HODDer. seconded bv Vice Chair M. Godek, moved in Case Number 09-164 to find the respondents in violation, as a repeat violator, as cited as of June 25. 2009, but in compliance as of Julv 28, 2009, and a $150.00 fine to be assessed. Motion carried unanimouslv. Case No. 09-177 - Myrna D. Diptee 860 Keunz Place Officer Delgado Violation Cited: 115-5 06-15-09 NOCV Re-InspectionDate: 06-25-09 06-29-09 SOV 06-29-09 NOH Meeting Date: 07-28-09 06-29-09 POS Regular and Certified Mail Observation: Excessive weed and grass growth. Officer Delgado gave a brief history of the case and further stated, as of today, the property is in non-compliance. City is asking for abatement. Member Hopper inquired since this is a HOA community would it be possible for the HOA to abate the nuisance instead of the city. Officer Delgado stated that one of the situations the HOA has is that because many homes are vacant HOA dues are not being paid. Attorney Sneed stated if the HOA is not choosing to abate but the city is choosing to prosecute, then the board needs to decide if the city proved the case. Vice Chair M. Godek. seconded bv Member Alexander, moved in Case Number 09-177 to find the respondents in violation as cited as of June 25, 2009, and be given until August 7, 2009, 'to complv or be fined $150/per dav thereafter. Also authorize the citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimouslv. Member Hopper asked Officer Delgado if the board is going to authorize the abatement that the city is requesting, if it would be possible that a more descriptive testimony be given on the height. of the grass or pictures be provided. He further stated he personally has a problem abating this property, especially in a HOA community. Recess 8:19 p.m. - 8:27 p.m. Case No. 09-178 - Eddie A. Hasan 852 Kazaros Circle Violation Cited: 115-5 06-15-09 NOCV 06-30-09 SOY 06-30-09 NOH 06-30-09 POS Officer Delgado Re-Inspection Date: 06-25-09 Meeting Date: 07-28-09 Regular and Certified Mail Page 9 of 17 Code Enforcement Board Minutes July 28, 2009 Observation: Excessive weed/grass growth. Officer Delgado gave a brief history of the case and further stated, as of today, the property is in non-compliance. Member Lowerv. seconded bv Vice Chair M. Godek, moved in Case Number 09-178 to find the respondents in violation as cited as of June 25, 2009. and be !liven until August 7, 2009, to complv or be fined $150/per dav thereafter. Also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimous Iv. Case No. 09-182 - Joseph C. Elcinette 2026 Cassingham Circle Officer Delgado Violation Cited: 115-5,165-3, 165-4 06-17-09 NOCV Re-Inspection Date: 06-29-09 06-29-09 SOY 06-29-Q9 NOH Meeting Date: 07-28-09 06-29-09 POS Regular and Certified Mail 07-16-09 POS Hand Delivery Observation: Excessive weed growth, prohibited acts, and presumptive evidence of abandonment. Officer Delgado gave a brief history of the case and further stated, as of today, the property is in non.-compliance of 115-5. Vice Chairman M. Godek inquired as to what violations were in compliance since he did not see violation 95-3 cited on the paperwork. Attorney Sneed verified that the notice of violation does show 95-3 even though it is not shown on their docket. Vice Chair M. Godek. seconded bv Alternate Member Osborne. moved in Case Number 09- 182 to' find the respondents in violation as cited as of June 28, 2009. and in compliance of 95- 3 and 165-3 as of Julv 16. 2009, but still in violation of 115-5, and be !liven until August 7, 2009, to complv or be fined $150/per dav thereafter. Motion carried unanimouslv. Case No. 09-183 - Juan C. and Nicole Gautier 977 Hawthorne Cove Court Officer Delgado Violation Cited: 115-6, 115-5 05-20-09 NOCV Re-Inspection Date: 06-11-09 06-11-09 SOY 06-11-09 NOH Meeting Date: 06-23-09 06-11-09 POS Regular and Certified Mail 06-11-09 POS Posting Observation: Abandoned or unsafe swimming pool and excessive weed or grass growth. Officer Delgado gave a brief history of the case and further stated, as of today, the property is in non-compliance of 115-6. The swimming pool does have a gate and is secured; however, the city would like to abate the nuisance. Chairman Godek inquired as to how they would abate the pool. Officer Delgado stated she has seen the city shock and/or drain a pool. A brief discussion ensued regarding abating the pool. Page 10 of 17 Code Enforcement Board Minutes July 28,2009 Vice ehair M. Godek. seconded bv Member HODDer. moved in Case Number 09-183 to find the respondents in violation as cited as of June 28, 2009, and in compliance of 115-5 as of Julv 28, 2009, but still in violation of 115-6, and be given until August 7, 2009. to complv or be fined $150/per dav thereafier. Also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimouslv. Case No. 09-193 - Jamie E. Grace 1204 Willow Creek Road Officer Loeffler Violation Cited: 108-35, 115-3, 115-5 05-20-09 NOCV Re- Inspection Date: 06-16-09 07-08-09 SOV 07-08-09 NOH Meeting Date: 07-28-09 07-08-09 POS Regular and Certified Mail Observation: Public nuisances, excessive weed or grass growth, and prohibited acts. Officer Loeffler gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance and is a dangerous public nuisance. The city is asking to abate the nuisance. Member HODDer. seconded bv Member Lowerv, moved in Case Number 09-193 to find the resvondents in violation as cited as of Julv 5. 2009, and be given until August 14, 2009, to complv or be fined $250/per dav per violation thereafier. Also authorize the City to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimous Iv. Case No. 09-195 - Mathew K. & Elizabeth Wygant 405 S. Bluford Ave. Officer Siegrist Violation Cited: 115-6, 115-5 06-02-09 NOCV Re-Inspection Date: 06-16-09 07-09-09 SOY 07-09-09 NOH Meeting Date: 07-28-09 07 -09-69 POS Regular and Certified Mail Observation: Abandoned or unsafe swimming pool, excessive weed or grass growth. 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. The property is vacant with no active water 9r power account. Vice Chair M. Godek. seconded bv Member HODDer, moved in Case Number 09-195 to find the respondents in violation as cited as of June 15, 2009, and be f!iven until August 14, 2009, to complv or be fined $150/per day thereafier. Motion carried unanimouslv. Case No. 09-198 - Gulf Stream Property Development Services, Inc. 17 E. Geneva Street Officer Siegrist Violation Cited: 115-5 06-05-09 NOCV Re-Inspection Date: 06-16-09 07-09-09 SOY Page 11 of 17 Code Enforcement Board Minutes July 28, 2009 07-09-09 NOH Meeting Date: 07-28-09 07-09-09 POS Regular and Certified Mail Observation: Excessive weed or grass growth. Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today,'the property is in non-compliance. City is requesting abatement of the nuisance. Member Lowe". seconded bv Member HODDer. moved in Case Number 09-198 to find the respondents in violation as cited as of June 15. 2009, and be given until August 14. 2009, to compZv or be fined $150/per dav thereafter. Also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimousZv. Case No. 09-199F - Perfect Brow Florida Inc. West Oaks Mall Trust - Elizabeth Porikos-Gorgees 9401 W. Colonial Drive Ste. 104 Inspector Sorenson Violation Cited: NFPA 1(4.5.8), NFPA 1 (12.3.2.1) 06-09-09 Annual Inspection 06-16-09 NC Re-inspection 06-30-09 NOCV Re-Inspection Date: 07-08-09 NC Re-inspection 07-09-09 SOY 07-09-09 NOH Meeting Date: 07-28-09 07 -09-09 POS Regular and Certified Mail Observ"ation: Exit lights and extension cords. Inspector Sorenson gave a brief history of the case and stated, as of July 15, 2009, the property was in compliance. The city is asking for recovery of the administrative cost of $203.34. Vice Chair M. Godek. seconded bv Member Lowe". moved in Case Number 09-199F to find the respondents in vioZation as cited, as of June 16, 2009, and in compliance as of Julv 15, 2009, and no fine be assessed: however. the respondents be ordered to Pay the administrative cost of$203.34. Motion carried unanimousZv. Case No. 09-202 - Jaikisham Premchand & Shaleeza Pasha 341 Franklin Street Officer Siegrist Violation Cited: 115-5 06-15-09 NOCV Re-Inspection Date: 06-26-09 07-10-09 SOY 07-10-09 NOH Meeting Date: 07-28-09 07 -1 0-Q9 POS Regular and Certified Mail Observation: Excessive weed or grass growth. Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance. City is requesting abatement of the nuisance. Page 12 of 17 Code Enforcement Board Minutes July 28, 2009 Vice Chair M. Godek. seconded bv Member HODDer, moved in Case Number 09-202 to find the respondents in violation as cited as of June 25, 2009. and be given until August 14, 2009. to complv or be fined S200/per dav thereafier. Also authorize the Citv to abate the nuisance and add the cost of abatement to the fine. Motion carried unanimouslv. Case No. 09-203 - Romerca International, Inc. Gimeno-Leland Lohengri c/o Romer Gustavo M. Sr. 300 N. Bluford Ave. Officer Siegrist Violation Cited: 115-5, 115-3 05-29-09 NOCV Re-Inspection Date: 06-16-09 07-10-09 SOY 07-10-09 NOH Meeting Date: 07-28-09 07-10-09 POS Regular and Certified Mail Observation: Prohibited acts, excessive weed or grass growth. Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the property is in non-compliance. City is requesting abatement of the violation of 115-5 nuisance. Member Lowerv. seconded bv Member HODDer, moved in Case Number 09-203 to find the respondents in violation as cited as of June 15. 2009, and be fliven until AUflUst 14, 2009. to complv or be fined S150/per day per violation thereafier. Also authorize the City to abate the nuisance of 115-5 and add the cost of abatement to the fine. Motion carried unanimouslv. OTHER BUSINESS Case No. 06-110 - Crums Climate Control, Inc. 610 Sherwood Oaks Circle Violation Cited: 105.4 08-11-06 NOCV 08-28-06 SOY 08-28-06 NOH 08-28-06 POS 09-07 -(16 POS 09-26-06 CO 10-17-06 ANC 10-24-06 OIF 06-29-07 AC 06-23-09 OIF Total due: $13,100.00 07-28-Q9 Request for re-hearinglReduction offme Observation: Failure to obtain any required inspections for AlC change out, permit #0503083. Officer T. Braddy-Bagwell Re-Inspection Date: 08-28-06 Meeting Date: 09-26-06 Certified Mail Certified Mail Given until 1 0-1 0-06 or pay $50/per day As of 10-11-06 Chairman Godek stated this case is for a request for re-hearing/reduction of fine and they normally do not hear these cases unless the respondent is present. He further stated unless anyone wants to make a motion to hear this case he would like for staff to contact the respondent and have him appear before the board. Page 13 of 17 Code Enforcement Board Minutes July 28,2009 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 02-27-09 CO Given until 03-23-09 to comply or be fmed $150/per day 03-24-09 CO Compliance date extended until 04-27-09 04-28-09 CO Extended until 06-12-09 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. Case ~o. 09-028 - Patricia Burney 1512 Lady Avenue Violation Cited: 105.4 01-22-09 NOCV 02-09-09 SOY 02-09-09 NOH 02-10-09 POS 02-16-09 POS 03-11-09 CO 03-24-09 CO 04-28-09 CO 05-18-09 ANC 05-26-09 CO 06-23-09 ANC 06-23-09 CO Extended until 07-24-09 06-29-09 POS Regular & Certified Mail Observation: Failure to obtain any required fmal inspections for a partial re-roof, permit #08000865, issued on June 26, 2008. Meeting Date: 11-25-08 Regular and Certified Mail Posting Officer Rodriguez Re-Inspection Date: Meeting Date: 02-24-09 Certified Mail Posting Given until 03-23-09 to comply or be fmed $ 150/per day Compliance Date extended until 04-27-09 Date extended until 05-15-09 Date extended until 06-19-09 Officer Delgado stated she has an affidavit of non-compliance for both cases, Member HODDer. seconded bv Member Lowerv, moved in Case Number 08-232 to impose fine, until compliance. Motion carried unanimouslv. Page 14 of 17 Code Enforcement Board Minutes July 28, 2009 Member Lowerv. seconded bv Vice Chair M. Godek, moved in Case Number 09-028 to impose fine, until compliance. Vice Chair M. Godek inquired from Officer Delgado as to what happened. He stated the city was trying to work with the respondent and the board gave her an extension to try to get compliance. Officer Delgado stated she, as well as Officer Rodriguez, has not heard anything from the owner. She further stated the contractor the owner hired has not called for an inspection either. After a brief discussion. Motion carried unanimouslv. Case No. 09-140 - Xiomara Guerrero & Peter Cruz 821 Kazaros Circle Officer Delgado Violation Cited: 115-5 05-09-Q9 NOCV Re-Inspection Date: 05-15-09 06-08-09 SOV 06-08-09 NOH Meeting Date: 06-23-09 06-08-09 POS Regular and Certified Mail 06-12-09 POS Posting 06-23-09 CO Given until 07-24-09 to comply or be fmed $150/per day, per violation 06-29-09 POS Regular & Certified Mail Observation: Excessive weed growth. Officer Delgado stated they are in compliance as of July 24, 2009. Valley Crest mowed the lawn at a cost of $350.00 and the city is asking to impose fine for cost of abatement. Vice Chair M. Godek. seconded bv Member Alexander. moved in Case Number 09-140 to impose fine of$350.00 for cost of abatement. Motion carried unanimous/v. Case No. 09-144 - Edgardo & Natalie A. Caruso 409 Little Spring Hill Violation Cited: 115-5, 108-23, 115-3 05-18-09 NOCV Re-Inspection Date: 06-10-09 SOY 06-10-09 NOH 06-10-09 POS 06-11-09 POS 06-29-09 CO Officer Loeffler 06-29-0.9 07 -02-09 Observation: prohibited acts. POS AC Excessive weed/grass growth, general requirements for exterior and interior of structures, Meeting Date: 06-23-09 Regular and Certified Mail Posting Given until 07-24-09 to comply or be fmed $100/per day, per violation. Authorized abatement of pests. Regular & Certified Mail Officer Loeffier stated this is in compliance. Property owner was out of town during original notification but as soon as they were aware of violations they took care of bringing property into compliance. Page 15 of 17 Code Enforcement Board Minutes July 28,2009 Case No. 09-145 - Harminder Singh 2490 Laurel Blossom Circle Officer Rodriguez Violation Cited: 115-5 06-04-09 NOCV Re-Inspection Date: 06-10-09 06-05-09 SOY 06-11-09 NOH Meeting Date: 06-23-09 06-11-0.9 POS Regular and Certified Mail 06-11-09 POS Posting 06-23-09 CO Given until 07-24-09 to comply or be fmed $100/per day until compliance 06-29-09 POS Regular & Certified Mail Observation: Excessive weed growth. Office,r Siegrist stated it is in compliance. Case No. 09-151- Michael E. Alderman 1521 Prairie Lake Blvd. Violation Cited: 115-5 05-20-09 NOCV 06-11-09 SOy 06-11-09 NOH 06-11-09 POS 06-11-09 POS 06-23-09 CO Officer Rodriguez Re-Inspection Date: 06-11-09 Meeting Date: 06-23-09 Regular and Certified Mail Posting Given until 07-10-09 to comply or be fmed $150/per day until compliance. Authorized abatement. 06-29-09 POS Regular & Certified Mail Observ.ation: Excessive weed growth. Officer Loeffler stated it is in compliance. COMMENTS Attorney Sneed stated she would like to set a workshop for next month on August 25th for 6 p.m. . Chairman Godek welcomed newest member Elizabeth Osborne. Vice Chair M. Godek inquired if they have seen a reduction on the "OcoeeSingles.com" signs. . Officer Loeffler stated they have not seen a reduction on signs but they have seen a reduction on the "dating" signs. Member Hopper reminded citizens that they still have the opportunity to use the BetterPlace and they can find that on the City's website. Member Alexander stated that is a great tool and staff responds to citizens immediately. Member Hopper further thanked Officer Siegrist for all.the pictures he takes and provides as exhibits to the board. Page 16 of 17 Code Enforcement Board Minutes July 28,2009 Member Lowery stated he has seen the Code Enforcement Officers around town with their new logos and it is good thing to see. He also announced the City has recently lost a wonderful person, Ms. Nancy Maguire. His condolences go out to the family. ADJdURNMENT Meeting adjourned at 9:34 p.m. AP!EJI/Y~ Robert Godek, Chairman Page 17 of 17