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Home My WebLink About01-26-2010 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JANUARY 26, 2010 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 Alexander 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, Alternate Member Morton 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, Administrative Assistant Ballard, Attorney Sneed, Water Conservation Coordinator Wagner, and Deputy City Clerk Sibbitt. ABSENT: Members Elliott and Sais 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, Water Conservation Coordinator Wagner, 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 November 24,2009, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 09-300, 10-001, 10-002, 10-003, 10-005, 10- 006, 10-007, 10-008, 10-011, 10-012, 10-013, 10-014, 10-015, 10-016, 10-017, 10-018, and 10-019 were transferred to consent.) Case Number Respondent 1. 09-300 Jeffersons Tree Service, Inc. c/o... 2. 10-001 Haydeneia Oliveira & Valdecir... 3. 10-002 German Gonzalez & Maria Mateo 4. 10-003 Ernesto & Irasema Jaime Location of Violation 101 Bowness Rd.. 1895 Lochshyre Lp. 2759 Cullens Ct. 2117 New Victor Rd. Code Enforcement Board Minutes January 26, 2010 5. 10-005 6. 10-006 7. 10-007 8. 10-008 9. I 0-011 10. 10-012 11. 10-013 12. 10-014 13. 10-015 14. 10-016 15. 10-017 16. 10-018 17. 10-019 Rana Fardous & Nurun Begum 1092 Royal Marquis Cir. Charles Owens Jr. & Chokhan Outten1904 Lochshyre Lp. Samshear & Ameela Rasul 1889 Lochshyre Lp. Torrance & Shamily Williams 1751 Lochshyre Lp. Trost Irrigation of FL, LLC... 751 L F Roper Pkway Erideth Mendoza & Marco Aldana 2086 El Marra Dr. Central Florida Restoration, Inc... 320 Enterprise St. Boca Bookbinding, Inc. c/o Walter.. .2712 Rew Cir. Junk in the Trunk c/o Jodi KeIzer 345 Enterprise St. El Alphae, Corp. Robert O. TR... 10 S Cumberland St. US Insulation, Inc. Prestige Corp... 303 Enterprise St. Jennifer Millaire 603 Neumann Village Ct. Sharon Graham Nelson & Tenna... 1400 Wanda St. C. Order of Continuance (February 23, 2010, Meeting). (Case Number 10-009 was transferred to consent.) Case Number Respondent Location of Violation 1. 10-009 Phillip & Rhonda Bornemann 1705 Lochshyre Lp. Vice Chair M. Godek, seconded bv Member Lowerv. moved to avvrove the Consent Azenda with the amendments vresented bv staff. Motion carried unanimous Iv. Vice Chair M. Godek, seconded bv Member Alexander. moved to hear the cases in the following order: Case Nos. 10-004. 10-010 and 09-295: then revert back to the agenda. Motion carried unanimous Iv. 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, OIFIL- ORDER IMPOSING FINEILIEN, ONC - ORDER OF NON-COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF - ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - PROOF OF SERVICE, RFR - REQUEST FOR REHEARING, RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OF FINE, SFH - SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD- WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 10-004 - Abdool and Bibi Jabar 2770 Cullens Court Officer Rodriguez Violation Cited: 174-7 08-05-09 NOCV Re-Inspection Date: 11-23-09 12-14-09 SOV Page 2 of6 Code Enforcement Board Minutes January 26, 2010 12-14-09 12-15-09 01-14-10 Observation: NOH Meeting Date: 01-26-10 POS Regular & Certified Mail POS Posting Irrigation system not connected, connection required, Officer Rodriguez gave a brief history of the case and stated, as of today, the property was in non-compliance. Member Lowery inquired if someone was residing at the home. Officer Rodriguez stated there are tenants living at that address. Abdool Jabar, Queens Village, New York, stated he purchased property in 2004 but moved out of the home in 2005. He further stated he had no idea about the irrigation system being put on reclaim water. Mr. Jabar stated he was not aware until January when he received a fax from his tenants that he needed to take care of this. He further apologized and stated he could have this taken care of in a week. Water Conservation Coordinator Wagner stated that she has exchanged phone numbers with Mr. Jabal and they will work with him step by step. Member HODDer, seconded bv Alternate Member Morton, moved in Case No. 10-004 to find the respondents in violation of 174-7 as cited as of Auzust 19. 2009. and to be ziven until Februarv 18. 2010. to comvlv or be fined $100/ver dav thereafter. Motion carried unanimouslv. Case No. 10-010 - Marvin & Dawna Wise 315 Phyllis Street Officer Loeffler Violation Cited: 115-5 11-23-09 NOcV Re-Inspection Date: 12-31-09 12-31-09 SOY 12-31-09 NOH Meeting Date: 01-26-10 12-31-09 POS Regular & Certified Mail 12-31-09 ANc Regular & Certified Mail Observation: Weed/grass growth over 10". Officer Loeffler gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Brandon Wise, son of respondent, stated that the truck belongs to his roommate and he has advised him that it needs to be removed. He further stated the car part that is sitting in the comer of the lot has not been removed because it is too heavy and they need a tow truck to move it. Member Hopper inquired about the removal of the tires and the mowing of the lawn. Mr. Wise stated he can remove the tires and the grass he did not think was high enough to get cited for. He further stated he can have everything done by February 14th. Member Lowery advised Mr. Wise that he was given ample time to correct the violations before being presented before the board today. Mr. Wise stated that on December 31 st he had several guys meet him out there and they did clean up some of the debris. Member Hopper advised Mr. Page 3 of6 Code Enforcement Board Minutes January 26, 2010 Wise that the next time he receives a notice from the city he should contact the city and work with them. Attorney Sneed informed the board that 115-3 is not cited on the docket but it was cited in the notice statement of violation and was presented in tonight's presentation. Vice Chair M. Godek, seconded bv Member Alexander. moved to hear Case No. 10-010 to find the resvondents in violation of 115-5 and 115-3 as cited as of December 8. 2009. and to be ziven until Februarv 15. 2010. to comvlv or be fined $1 OO/per dav ver violation thereafter. Motion carried unanimouslv, Case No. 09-295 - Vixen Fitness, LLC c/o Sal Maiwandi 27510ld Winter Garden Road Violation Cited: 51-13 09-15-09 NOcV 10-02-09 SOV 10-02-09 NOH 10-02-09 POS 10-27-09 OC 11-02-09 POS 11-16-09 ANc 12-03-09 OIF 12-09-09 POS 12-17-09 Ac 12-17-09 OIF 12-21-09 POS Observation: Permits required. Officer Siegrist Re-Inspection Date: 09-28-09 Meeting Date: 10-27-09 Regular and Certified Mail Given until 11-13-09 to comply or be fined $150/per day Regular & Certified Mail Regular & Certified Mail Total Due: $4,950 Regular & Certified Mail Officer Siegrist gave a brief history of the case and stated, as of December 17, 2009, the property was in compliance. The fine accrued is $4950.00 and, as of today, the property remains in compliance. Member Lowerv, seconded bv Alternate Member Morton. moved in Case Number 09-295 to re-hear case for request of reduction of fine. Motion carried unanimouslv, Attorney Sneed advised the board that this lien has been recorded so they are making a recommendation to the City Commission. Jan Lazarus and Sal Malwandi, tenant and owner to the property, stated that the sign was permitted by the city when it was occupied by the Vertical Fitness Center; however, when the business went under new ownership the new tenant had a misunderstanding and thought that a permit was not needed since the sign was permitted once by the city. He further stated it is not really a new sign because it is the same structure and wording size. Mr. Malwandi stated this was all just a misunderstanding. Ms. Lazerus stated that she was originally told by the contractor who had installed the original sign that a permit was not needed because they were using the same letters (format, size, electrical, and lighting). She further stated after the sign went up she was then notified by the city about needing a permit. She contacted the contractor and paid him 50% of the permit deposit. Ms. Lazerus stated she had conversations Page 4 of6 Code Enforcement Board Minutes January 26, 2010 with the contractor in which he stated he was in the process of getting the permit. She was not aware that he was not working with the city. Ms. Lazerus stated she was not aware of the fine but as soon as she found out one was accruing she immediately removed the sign. The registered notice that was sent to her home address was returned to the city due to construction being done at her home and mail not being delivered there at the time. Alternate Member Osborne inquired if a letter was sent to the business location since it was not received at the tenant's home address. Officer Siegrist stated notices were sent to the owner, business location, and tenant's home address. Member Hopper stated he feels that there should have been some obligation to the owner since he did receive notification of the violation. Vice M. Godek stated that he wants to let the owner know that if any change is done to a sign (or structure) a permit is required because it is not the same sign (structure). As a developer he should have been aware of this. It is a serious issue because new electrical or lighting could have been done, which requires an inspection. Officer Siegirst informed the board that city cost was $556.30 should they want to take that into consideration. Brief discussion ensued regarding reduction of fine. Member HODDer, seconded bv Vice Chair M. Godek. moved in Case No. 09-295 to not recommend reduction of the fine amount and allow it to zo before the Citv Commission as it stands. Motion carried unanimouslv. Case No. 10-020 - Lisa Renee & Emmett Dean Harper 1401 Lukay Street Officer Delgado Violation Cited: 115-6 12-03-09 NOcV Re-lnspection Date: 01-08-10 01-11-10 SOY 01-11-10 NOH Meeting Date: 01-26-10 01-11-10 POS Regular and Certified Mail 01-14-10 POS Posting Observation: Abandoned or unsafe swimming pool. Officer Delgado gave a brief history of the case providing exhibits. She further stated, as of today, the property is not in compliance with the city (gate still not secured). Officer Delgado stated the respondent did contact her today and inquired about the board giving her until February 8th so she can put up a new gate. A brief discussion ensued regarding what type of lock or latch was required and what was needed to bring this case into compliance. Vice Chair M. Godek, seconded bv Alternate Member Morton. moved in Case Number 10- 020 to find the resvondents in violation as cited as of December 22. 2009. and be given until Februarv 10. 2010, to comvlv or be fined $100/ver dav thereafter. Motion carried unanimous Iv. Case No. 10-021 - Arturo & Adelfina Velasquez 470 Wurst Road Officer Loeffler Violation Cited: 165-3,108-24 10-27-09 NOcV Re-Inspection Date: 01-11-10 01-12-10 SOY Page 5 of6 Code Enforcement Board Minutes January 26, 2010 01-12-10 NOH Meeting Date: 01-26-10 01-12-10 POS Regular & Certified Mail Observation: Prohibited Acts, Sanitation Requirements. Officer Loeffler gave a brief history of the case and provided exhibits. He further stated that, as of today, the property is in compliance. Member HODDer, seconded bv Vice Chair M. Godek. moved in Case No. 10-021 to find the resvondents in violation as cited as of Januarv 11. 2010. but in comvliance as of Januarv 22, 2010. and no fine be assessed. Motion carried unanimouslv. OTHER BUSINESS - Case No. 09-295 was moved up and heard under Item IV- Hearings on Statement of Violations Pursuant to Notices of Hearings, COMMENTS Member Alexander announced that the Symphony will be performing in Ocoee at the Ocoee High School on February 20th. Encourages everyone to attend! Member Lowery congratulated Butch Stanley for his promotion to Deputy Fire Chief. ADJOURNMENT Meeting adjourned at 8:01 p.m. ,. ~:< >jLCII~ Melanie Sib bitt, Deputy City Clerk AP~ Rohert Godek, Chairman Page 6 of6