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HomeMy WebLinkAbout10-27-2009 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING OCTOBER 27, 2009 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:02 p.m. in the Commission Chambers at City Hall. Member Hopper 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, Members Alexander, Hopper, Lowery, Sais, 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: Member Elliott and Alternate Member Morton were absent excused. GUESTS: None. 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 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 22,2009, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 09-241, 09-245, 09-251, 09-268, 09-275, 09- 276, 09-278, 09-279, 09-281, 09-284, 09-287, 09-291, and 09-294 were transferred to consent.) Case Number Respondent 1. 09-241 Gladys Vidal 2. 09-245 Kindle Family Trust 3. 09-251 Niranjan & Snigdha Upadhayay 4. 09-254 Chitram Samaroo 5. 09-259 RajPaul & Siomara Singh Location of Violation 779 Butterfly Creek Dr. 5009 Millstream Road 3027 Spicenut Court 2389 EI Marra Drive 2226 Laurel Blossom Circle Code Enforcement Board Minutes October 27, 2009 6. 09-268 7. 09-275 8. 09-276 9. 09-278 10. 09-279 11. 09-280 12.09-281 13. 09-283 14. 09-284 15.09-287 16. 09-291 17. 09-294 William A Jenkins Rafeal & Irma Fernandez Irene D Jackson HSBC Mortgage Services Inc... Barry R Grathwohl Jr Tamara L Hackworth Gorgonio & Maria Ramirez Sharon Smith Crums Climate Control, Inc. Patrick Daniel & Angela McDirmit Vandergrift Trust David Savula 1595 Glenhaven Circle 422 Little Spring Hill 429 Little Spring Hill 804 Spring Creek 811 Apricot Drive 800 Creek View Ct. 440 Ocoee Hills Road 1339 Vickers Lake Dr. 2459 Copperhill Loop 1336 Century Oak Drive 709 Vandergrift Drive 78 Calliope Street C. Order of Continuance (November 24, 2009, Meeting). (Case Numbers 09-292, 09-293, and 09-300, were transferred to consent.) Case Number Respondent Location of Violation 1. 09-292 DMHC Corp. c/o Cotilde Barreiros 3336 Beazer Drive 2. 09-293 Krista A Costanzo 406 Calliope Street 3. 09-300 Jeffensons Tree Service, Inc. 340 Franklin Street Vice Chair M. Godek. seconded bv Member Lowerv. moved to approve the Consent Af!enda with the amendments presented bv staff. Motion carried unanimous/v. Vice Chair M. Godek. seconded bv Member HOPDer. moved to hear the cases in the following order: Case No. 04-035 and 09-029: then revert back to the agenda. 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 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. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Member Alexander. seconded bv Vice Chair M. Godek. moved in Case Number 04-035 to re- hear case for request of reduction of fine. Motion carried unanimouslv. Page 2 of 10 Code Enforcement Board Minutes October 27, 2009 Case No. 04-035 - Frederick B. Coleman 2002 Nancy Ann Terrace Violation Cited: 115-3; 115-5 07-09-04 NOCV 08-11-04 SOV 08-11-04 NOH 08-11-04 pas 08-10-04 pas 08-24-04 va 08-24-04 CO 09-15-04 ANC 09-28-04 OIF 10-13-09 AC 10-13-09 OIF Total Due: $185,400 10-13-09 pas Regular & Certified Mail Observation: Overgrown trees in front yard blocking sidewalk, one (1) dead tree in side yard, and weeds/grass over 10". Officer Siegrist Re-Inspection Date: 08-10-04 Meeting Date: 08-24-04 Certified Mail Regular Mail 115-5 115-3 given until 09-14-04 to comply or be fmed $100/per day As of 09-15-04 Officer Siegrist gave a brief history of the case and stated, as of October 13, 2009, the property was in compliance. He further stated he was never contacted by the respondent to re- inspect this address but was directed by the Fire Marshall to go out and review many of the older cases they have and to check on the status of them. Frederick Coleman, 2002 Nancy Ann Terrace, stated he was not even aware that there was a code violation that existed. He is totally confused. Member Alexander inquired as to how long he has resided at the home. Mr. Coleman stated he has been living at that address for about 20 years. Alternate Member Osborne inquired if Mr. Coleman had received any notification of the pending fine amount that was due. Mr. Coleman stated he did not receive anything with a fine amount but did receive a notice on October 14, 2009, regarding this meeting. Mr. Coleman stated that he called Code Enforcement when the grass was cut and he complied. He stated he was not aware of the trees that were referenced in the letter. Attorney Sneed stated that the original statement of violation and notice of violation does state to trim or prune trees, remove dead trees, and mow grass/weeds. She further stated there is a recorded lien on this property. Chairman Godek inquired if it is even plausible that the property has been in compliance for 5 years. Vice Chair M. Godek stated that Mr. Coleman had +/-22 days to get the violation in compliance to begin with but when the officer re- inspected back in 2004 it was not in compliance. Officer Siegrist stated for the record that the city does not have a problem with a reduction and the city has invested $750 in this case. Member Hopper inquired from Mr. Cole as to what he thinks the city should do. Mr. Coleman stated he feels the city is wrong and no fine should be assessed. Member HODDer. seconded bv Vice Chair M. Godek, moved in Case No. 04-035 to recommend to the City Commission to reduce the fine to the City's cost of $750. Motion carried unanimouslv. Page 3 of 10 Code Enforcement Board Minutes October 27, 2009 Member HODDer. seconded bv Vice Chair M. Godek. moved in Case Number 09-029 to re- hear case for request of reduction of fine. Motion carried unanimouslv. Attorney Sneed announced that this lien has also been recorded for this case. Case No. 09-029 - Chi M. Wang & Richard Rodrigues 804 Center Street Officer Siegrist Violation Cited: 115-5 02-03-09 NOCV 03-12-09 SOY 03-12-09 NOH 03-12-09 pas 03-13-09 pas 03-24-09 CO Re-Inspection Date: 02-16-09 03-26-09 pas 04-15-09 ANC 04-28-09 OIF 05-04-09 pas 08-06-09 AC 08-07-09 OIF Total Due: $18,150 Observation: Weed/grass growth over 10". Meeting Date: 03-24-09 Regular & Certified Mail Posting Given until 04-07-09 to comply or be fmed $ 150/per day, per violation; Also authorize city to abate and add cost to fme Regular & Certified Mail Certified Mail Officer Siegrist gave a brief history of the case. He further stated at the time the violation occurred the property was vacant and undergoing foreclosure. The total amount due is $18,150. Kathleen Beaulieu, Listing Agent for seller, stated that the home was a foreclosure property and her client did not have possession of the property at the time of the violation. She stated that when she received the listing assignment on June 30th she went out to inspect the property. They then mowed the grass and have been maintaining the home approximately three days after the June 30th possession. They were not aware of any code violations due to all notices being sent to the former owner. Chairman Godek inquired as to who the seller was. Ms. Beaulieu stated it is Saxon Mortgages. Member Hopper inquired if they have a contract on the house. Ms. Beaulieu stated they do and they found out about the lien during the title/lien search for the current buyers. Officer Siegrist added that about a month ago he personally did a Minimum House Inspection at that address and Ms. Beaulieu has taken care of correcting all the violations. Member Sias inquired as to how much money the city has invested into this property. Officer Siegrist stated they have about $635 in city cost invested. Member Hopper inquired from Ms. Beaulieu as to how much money they have invested into the home. Ms. Beaulieu stated about $1000 which includes removal of a shed, new fire detectors, addition of hose bibs, and some other updates to the home. Member Lowerv. seconded bv Vice Chair M. Godek. moved in Case No. 09-029 to recommend to the Citv Commission to reduce the fine to the Citv's cost of $635. Motion carried unanimouslv. Page 4 of 10 Code Enforcement Board Minutes October 27, 2009 Vice Chair M. Godek. seconded bv Member Lowerv. moved to hear Case No. 09-297: then revert back to the agenda. Motion carried unanimous/v. Case No. 09-297 - Todd Schmid 1109 Shimmering Sand Drive Officer Delgado Violation Cited: 174-7,174-22,1-12 08-04-09 NOCV Re-Inspection Date: 09-18-09 10-06-09 SOV 10-06-09 NOH Meeting Date: 10-27-09 10-06-09 pas Regular & Certified Mail 10-19-09 pas Posting Observation: Not connected to Reclaimed Water Distribution System. Officer Delgado gave a brief history of the case and provided exhibits. She further stated, as of today, the property is in non-compliance. Member Alexander inquired if the homeowner is living at the address. Officer Delgado stated that according to the water department there is an active account open and she has also seen a truck in the driveway; however, she has not gotten a response from anyone living in the home. Vice Chair M. Godek inquired if this was a brand new home. Officer Delgado stated the homes in this particular subdivision were built after 1994. Chairman Godek inquired if everyone else in the development was connected to the reclaim water system. Water Conservation Coordinator Diane Wagner stated that all homeowner's are required to hook up to the reclaimed water and everyone in this neighborhood has connected except for this one home. She further stated that the home was inspected today and it shows that they are using their irrigation system since their yard and plants are all green; however, the meter is still not connected. Chairman Godek inquired as to who is supposed to do the hook-up for the reclaimed system. Water Conservation Coordinator Wagner stated it is the homeowner's responsibility to do the connection and they can hire a professional should they choose; however, the city will provide them with a diagram should they want to do it themselves. The city has spent over $2300 per home to get reclaim in that neighborhood. Alternate Member Osborne inquired as to how much it would typically cost a homeowner to connect. Water Conservation Coordinator Wagner stated it could range from $50-$75. Member Hopper inquired from the officer if she has spoken with the owner. Officer Delgado stated she has not received any contact from the owner and when she posted the property she assumed they would call her but they have not. Attorney Sneed stated the only violation they are looking at is 174-7 the others are informational codes. She further briefly explained the term "reparable" and "irreparable" and what the fine limit was that the board could set. Vice Chair M. Godek inquired if a permit needed to be pulled for the connection. Water Conservation Coordinator Wagner stated the homeowner does not have to pull a permit but they do need to call for an inspection. A brief discussion ensued regarding the potable water being disconnected and the cost savings with being connected to the reclaim water. Member HODDer. seconded bv Member Alexander. moved in Case No. 09-297 to find the respondents in violation of 174-7 as cited as of AUf!Ust 19. 2009. and to be f!iven until Page 5 of 10 Code Enforcement Board Minutes October 27, 2009 November 23. 2009. to complv or be fined $100/per dav thereafter. Motion carried unanimous Iv. Case No. 09-244 - Ryan Bittinger & Shannon Pawless-Bittinger 1991 Rushden Drive Officer Rodriguez Violation Cited: 115-5 08-25-09 NOCV Re-Inspection Date: 09-08-09 09-22-09 SOY 09-22-09 NOH Meeting Date: 10-27-09 09-22-09 pas Regular and Certified Mail 10-19-09 pas Posting Observation: Excessive weed or grass growth. Officer Rodriguez gave a brief history of the case providing exhibits. She further stated, as of today, the property is not in compliance with the city. City is looking for abatement. Vice Chair M. Godek. seconded bv Member Sais. moved in Case Number 09-244 to find the respondents in violation as cited as of September 7. 2009, and be f!iven until November 9. 2009. to complv or be fined $100/per dav. Also authorize the city to abate the nuisance and add cost of abatement to the fine. Motion carried unanimous Iv. Case No. 09-246 - Latrece Jett 2388 EI Marra Drive Officer Rodriguez Violation Cited: 115-5 08-20-09 NOCV Re-Inspection Date: 09-15-09 09-22-09 SOY 09-22-09 NOH Meeting Date: 10-27-09 09-22-09 pas Regular & Certified Mail Observation: Excessive weed and grass growth. Officer Rodriguez gave a brief history of the case and provided exhibits. She further stated, as of today, the property is not in compliance with the city. City is looking for abatement. Member Lowerv. seconded bv Vice Chair M. Godek, moved in Case No. 09-246 to find the respondents in violation as cited as of August 26. 2009. and be f!iven until November 9. 2009. to complv or be fined $100/per dav. Also authorize the citv to abate the nuisance and add cost of abatement to the fine. Motion carried unanimous Iv. Case No. 09-295 - Vixen Fitness, LLC c/o Sal Maiwandi 27510ld Winter Garden Road Officer Siegrist Violation Cited: 51-13 09-15-09 NOCV 10-02-09 SOV 10-02-09 NOH 10-02-09 pas Observation: Permits required, Re-Inspection Date: 09-28-09 Meeting Date: 10-27-09 Regular and Certified Mail Page 6 of 10 Code Enforcement Board Minutes October 27,2009 Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of today, the violation is in non-compliance. Chairman Godek inquired if they have talked to anyone at the location. Officer Siegrist stated he did speak with someone and they had come to the City; however, they have not yet submitted any paperwork for permit. Vice Chair M. Godek. seconded bv Member Alexander. moved in Case Number 09-295 to find the respondents in violation as cited as of Sevtember 25. 2009. and be given until November 13, 2009. to comvlv or be fined $150/ver dav thereafter. Motion carried unanimouslv. Case No. 09-298 - Marie Jean-Louis 1965 Rushden Drive Officer Rodriguez Violation Cited: 115-5 09-03-09 NOCV Re-Inspection Date: 09-22-09 10-08-09 SOV 10-08-09 NOH Meeting Date: 10-27-09 10-08-09 pas Regular & Certified Mail 10-19-09 pas Posting Observation: Excessive weed and grass growth. Officer Rodriguez gave a brief history of the case providing exhibits. She further stated, as of today, the property is not in compliance with the city. Property is not vacant. Member Lowerv. seconded bv Vice Chair M. Godek, moved in Case Number 09-298 to find the respondents in violation as cited as of September 16. 2009. and be given until November 6. 2009. to comvlv or be fined $100/ver dav. Motion carried unanimouslv. OTHER BUSINESS Case No. 09-232 - K & B Maguire, LLC 11010 W. Colonial Drive Violation Cited: 115-5 07-02-09 NOCV 08-03-09 SOY 08-03-09 NOH 09-01-09 OC 09-02-09 pas 09-15-09 pas 09-22-09 OC Officer Siegrist Re-Inspection Date: 07-16-09 Meeting Date: 08-25-09 Regular & Certified Mail Regular & Certified Mail Posting Given until 10-09-09 to comply or be fmed $IOO/per day; Also abate the nuisance and add cost of abatement to the fme 09-29-09 CO Regular & Certified Mail 09-29-09 pas Regular & Certified Mail Observation: Excessive weed or grass growth. In compliance. Page 7 of 10 Code Enforcement Board Minutes October 27, 2009 Case No. 09-240 - InTouch Wireless 9401 W. Colonial Drive. Ste 244 Violation Cited: NFPA 1 (4.5.8), NFPA 1 (14.13.1.3) 08-11-09 NOCV Re-Inspection Date: 08-18-09 08-21-09 SOY 08-21-09 NOH 08-21-09 pas 09-22-09 OC Inspector Sorenson Meeting Date: 09-22-09 Regular and Certified Mail Given until 10-07-09 to comply or be fmed $1 OO/per day; Also pay cost of administrative fees 09-29-09 CO Certified & Regular Mail 09-29-09 pas Certified & Regular Mail Observation: Exit lights and emergency lights. Inspector Sorenson stated as of today they are in non-compliance. Member Lowerv. seconded bv Vice Chair M. Godek. moved in Case Number 09-240 to impose fine of $100/per dav effective October 8, 2009. until compliance. Motion carried unanimouslv. Case No. 09-248 - Michael Jones & Rhonda Jones 5008 Timber Ridge Trail Officer Rodriguez Violation Cited: 115-5 08-11-09 NOCV 08-31-09 SOY 08-31-09 NOH 08-31-09 pas 09-11-09 pas 09-22-09 OC Re-Inspection Date: 08-19-09 Meeting Date: 09-22-09 Regular and Certified Mail Posting Given until 10-09-09 to comply or be fmed $1 OO/per day; Also abate and add cost to fme Certified & Regular Mail Certified & Regular Mail 09-29-09 CO 09-29-09 pas 10-12-09 ANC Observation: Excessive weed and grass growth. Officer Rodriguez stated that this case is to impose fine. Member HODDer. seconded bv Member Alexander. moved in Case Number 09-248 to impose ,fine of $100/per dav effective October i O. 2009. until compliance. Motion carried unanimouslv. Case No. 09-257 - Anthony Pittala and Rachel Pittala 1905 Lochshyre Loop Officer Rodriguez Violation Cited: 115-5 06-22-09 NOCV 07-28-09 SOV 07-28-09 NOH 07-28-09 pas 09-11-09 pas 09-22-09 OC Re-Inspection Date: 07-28-09 Meeting Date: 08-25-09 Regular & Certified Mail Posting Given until 10-07-09 to comply or be fmed $100/per day; Page 8 of 10 Code Enforcement Board Minutes October 27, 2009 09-29-09 CO 09-29-09 pas 10-12-09 ANC Observation: Excessive weed and grass growth. Also abate and add cost to fine Certified & Regular Mail Certified & Regular Mail Officer Rodriguez stated that this case is to impose fine. Member Lowerv. seconded bv Member HODDer, moved in Case Number 09-257 to impose fine of$100/per dav effective October 8. 2009. until compliance. Motion carried unanimouslv. Case No. 09-258 - Eugene F. Middlehof and Mavald M. Middlehof 2717 Plum berry Avenue Officer Rodriguez Violation Cited: 115-5 08-18-09 NOCV 08-31-09 SOY 08-31-09 NOH 08-31-09 pas 09-11-09 pas 09-22-09 OC 09-29-09 CO 09-29-09 pas 10-12-09 ANC Observation: Excessive weed and grass growth. Re-Inspection Date: 08-24-09 Meeting Date: 09-22-09 Regular and Certified Mail Posting Given until 10-09-09 to comply or be fmed $1 OO/per day Certified & Regular Mail Certified & Regular Mail Officer Rodriguez stated that this case is to impose fine. Member HODDer. seconded bv Member Alexander. moved in Case Number 09-258 to impose fine of $100/per dav effective October 10. 2009. until compliance. Motion carried unanimous Iv. Case No. 09-264 - LN Silverstar LLC 1800 E. Silverstar Road Violation Cited: 115-5 08-18-09 NOCV 08-31-09 NOH 08-31-09 pas 09-11-09 pas 09-22-09 OC 09-28-09 AC Observation: Excessive weed and grass growth. Repeat Violation. In compliance. Officer Rodriguez Re-Inspection Date: REPEAT Meeting Date: 09-22-09 Regular and Certified Mail Given until 10-02-09 to comply or be fmed $200/per day Case No. 09-274 - Hiroko and James S. Cothern 477 Northern Durango Officer Loeffler Violation Cited: 115-5, 115-6, and 115-3 08-21-09 NOCV Re-Inspection Date: 09-09-09 09-09-09 SOV Page 9 of 10 Code Enforcement Board Minutes October 27, 2009 09-09-09 09-09-09 09-22-09 Meeting Date: 09-22-09 Regular and Certified Mail Given until 10-02-09 to comply or be fmed $lOO/per day; Also abate and add cost to fme 09-29-09 CO Certified & Regular Mail 09-29-09 pas Certified & Regular Mail Observation: Excessive grass/weed growth, abandoned or unsafe swimming pool, and prohibited acts. NOH pas OC Officer Loeffier stated he went by the property today and the front yard is mowed and gate is repaired. He was unable to see backyard or swimming pool so there is no affidavit of compliance or non-compliance. He further stated that they did receive an e-mail today from the mortgage company that saw the posting on the front of the house and would like to speak with him to find out what needs to be corrected. Chairman Godek inquired if the city is requesting an extension. Officer Loeffier stated an extension would be fine or they can find it in compliance. Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 09-274 to extend the compliance date to November 13. 2009. Motion carried unanimouslv. COMMENTS Member Alexander thanked Officer Loeffler for the compliance/dismissal list before the meeting, it was an excellent idea and it helped expedite everything. She further inquired if it is illegal or a code violation for people to rent out rooms in their home. She has seen signs referencing this. Officer Loeffier stated there is not a code specific for that, however, they do have a code that states they can not have more than five unrelated persons living in a home. He further stated that does not address the money transaction. In the past they have used the zoning code to help them with cases like this. Attorney Sneed added that the Supreme Court would most likely say yes they can. Member Alexander inquired as to how the signs for Orange County Mayor are regulated for this upcoming election. Officer Siegrist stated that would vary by residential or commercial area. He further cited the code for political signs allowed in commercial area. Member Alexander inquired if they could be put in the right-of-way. Officer Siegrist stated they could not. He further explained the requirements for removal of the signs. ADJOURNMENT Meeting adjourned at 8:21 p.m. ~ Robert Godek, Chairman Page 10 of 10