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HomeMy WebLinkAbout04-27-2010 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING APRIL 27, 2010 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01p.m. in the Commission Chambers at City Hall. Member Lowery led the Invocation and Member Hopper led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Alexander, Hopper, Lowery, Osborne, Alternate Member Arney, and Alternate Member Kelley. Also present were Code Enforcement Officer Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Siegrist, Code Enforcement Officer Rodriguez, Deputy Fire Chief Stanley, Administrative Assistant Ballard, Attorney Segal-George, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair M. Godek and Member Sais were absent excused. GUESTS: None. Administrative Assistant Ballard administered the oath to Code Enforcement Officer Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Siegrist, Code Enforcement Officer Rodriguez, Deputy Fire Chief Stanley, 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 SEPARA TEL Y. The Consent Agenda consisted of approval of Items A, B and C. *Note: Consent Agenda was amended. A. Minutes of the March 23,2010, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 10-051, 10-060, and 10-061 were transferred to consent.) Case Number Respondent Location of Violation 1. 10-037 Natalie Williams & Johnny Mitchell 706 Russell Drive 2. 10-040 Edna W P Holzworth 906 Starke Lake Circle 3. 10-042 Suzanne & William Clark 711 Starke Lake Circle 4. 10-051 George William MacFadden Jr. 714 Crystal Drive 5. 10-057 Heather Johnson 1700 Ison Lane 6. 10-058 Danald P. & Brenda G. Buck 409 Tranquille Oaks Drive Code Enforcement Board Minutes April 27, 2010 7. 10-060 8. 10-061 9. 10-063 10. 10-064 Lee & Octavia Rushin Jamie Farwig & William Roosa Deborah Adams & Arnie Damonte Russ Christopher, Ramchand & Karen Persaud C. Order of Continuance (May 25, 2010, Meeting). 062 were transferred to consent.) Case Number Respondent 1. 10-036 Michael & Karen M. Walls 2. 10-038 Jerry A. & Sharon A. Walker 3. 10-043 Clara R Arnic Life Estate 4. 10-056 Edward N. Tudor 5. 10-062 Armando Torres 2729 Springfield Drive 2704 Cullens Court 1421 Prairie Lake Blvd. 1411 Royal Marquis Circle (Case Numbers 10-038, 10-043, and 10- Location of Violation 9019 Floribunda Drive 1053 Red Dandy Drive (Cant. to Oct.) 330 Spring Bluff Court 605 E Lakeshore Drive 93 Deer Key Court Member Lowerv. seconded bv Member Alexander. moved to avvrove the Consent Aflenda as vresented bv city staff. Motion carried unanimous/v. Member HODDer. seconded bv Alternate Member Kellev. moved to hear the cases in the following order: Case Nos. 10-035, 10-052. 08-232. 09-028. 09-058. and 10-059; then revert back to the agenda. 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. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 10-035 - Victor Borja, Carmen Borja, & Carmen Laura Borja 901 Wurst Road Officer Loeffler Violation Cited: 6-4 (6) (b), 5-15 (A) (1), 108-25 (B) 02-17-10 NOCV Re-Inspection Date: 03-08-10 03-09-10 SOY 03-09-10 NOH 03-09-10 POS 03-23-10 OC 03-23-10 POS Regular & Certified Mail 04-02-10 POS Hand Delivery Observation: Off street parking (commercial vehicle), specific use/development standards (no recreational Meeting Date: 03-23-10 Regular & Certified Mail Page 2 of 16 --, Code Enforcement Board Minutes April 27, 2010 vehicle), 108-25 Rooming houses (licensed required). Officer Loeffier gave a brief history of the case providing exhibits and stated, as of today, no communication has been made by the property owner and the property appears to still be in non-compliance. Member Hopper clarified that the placement of the trailer behind the property line was not an issue. Officer Loeffler stated that was correct. Victor Borja, 2207 Alclobe Circle, stated he was not aware of any notices that were sent before April. The notices were handed to the tenants and he was recently just given one which is why he is present tonight to find out what he is doing wrong and how to fix the problem. He further stated that he was not aware that he was not able to have the RV on his property. Member Hopper stated the RV is not the problem. Officer Loeffier informed the owner that he is in violation of the RV being used as a studio apartment and the uninhabitable portions of the house being occupied. Mr. Borja stated his friend has been occupying the trailer for a couple of days but he will give him notice that he needs to move and find a new place. He further stated that he did get a permit for a garage several years ago, but when his daughter was unable to work he converted the garage into a living area to rent out to help her keep up with the house. Mr. Borja stated if this is a problem; please advise him so he can correct it as well. Member Alexander inquired if he had pulled a permit to convert his garage into a living area. Mr. Borja stated he did not. Member Osborne inquired as to who is living in the home and who is in the garage. Mr. Borja stated he has a family living in the home and the garage has two separate individuals since he only added two rooms out there. He further stated they are not related, but they do know each other. Officer Loeffier gave the definition of a rooming house and explained to Mr. Borja that, in addition to his current violations, he did not get a permit to convert the garage into a dwelling unit. He further stated no one should be living in the garage until it is permitted and inspected. Member Hopper expressed his concern with too many residents living in a home and the effect it will have to their septic tank and drain field. Member Kelley asked if he understands there are four dwelling units on one single-family resident zoned lot. Officer Loeffier stated that is correct; and he only cited Mr. Borja with the zoning violation because he was unaware of how many people were residing in the home until today. He further stated compliance right now would be to discontinue occupancy of the garage and trailer. Member Hopper informed Mr. Borja that he really did need to visit with city staff so they can explain to him everything that needs to be corrected. Mr. Borja inquired if he would be allowed about a month to have all the tenants look for a new place to reside. Member Hopper inquired if this was a resident's complaint. Officer Loeffler stated it was multiple complaints. Member Hopper stated he can sympathize with the neighbors and is not sure ifhe agrees with a month for compliance. Member Lowerv. seconded bv Member Alexander, moved in Case No. 10-035 to find the respondents in violation as cited as of March 5, 2010. and be fliven until Mav 21, 2010, to come into comvliance or be fined $150/ver dav per violation thereafter. Page 3 of 16 Code Enforcement Board Minutes April 27, 2010 Alternate Member Kelley stated that he feels that May 21 st is too long of a time frame when there are neighbors complaining. He further stated that he thinks two working weeks is more then enough time for the tenants to find a new place to reside. Member Lowery stated he came up with the time frame because sometimes it is difficult to find a place to go; especially in this day and time. Member Alexander stated that she agrees with Member Lowery that a month is fair. Alternate Member Kelley inquired as to when the first complaint was made by a neighbor. Officer Loeffier stated a complaint was taken in late January, but it took some monitoring of the property for him to start his case. Member Osborne inquired as to why city staff was not able to track down Mr. Borja since he lives in the city limits. Officer Loeffler stated he's not sure. The property appraiser's office had him residing at the address on Wurst Road and he did a search, but there are a lot of people with the same last name. Member Osborne further inquired from Officer Loeffler as to how much of his time and energy he has invested on this case because that should be compensated as well. Officer Loeffier stated he has not finished documenting time and city expenses at this point, but as far as actual paperwork it is not that much. Member Osborne stated she would make a suggestion that they be given two weeks and if Mr. Borja would like to pay the fine until the tenants can find a place to reside then that would be up to him. Member Alexander stated that she feels the neighbors, once they find out the Code Enforcement Board is just hearing this case, would be okay with knowing that it will be taken care of within a month. Alternate Member Amey stated she agrees with Member Alexander. Alternate Member Kellev. seconded bv Member HODDer, moved to amend the vrevious motion to be given until Mav 11.2010. to come into compliance or be fined $150/ver dav ver violation thereafter. Motion carried 4-3 with Members Alexander. Lowery. and Amev ovvosinf!. Original motion with amendment: Member Lowerv. seconded bv Member Alexander. moved in Case No. 10-035 to find the resvondents in violation as cited as of March 5. 2010. and be f!iven until Mav 11, 2010. to come into comvliance or be fined $150/ver dav ver violation thereafter. Motion carried unanimouslv. Case No. 10-052 - Dawn Carpenter 640 Jay Street Officer Delgado Violation Cited: 115-5, 165-3, 165-4, 115-3 03-24-10 NOCV Re-Inspection Date: 04-02-10 04-07-10 SOY 04-07-10 NOH Meeting Date: 04-27-10 04-07-10 POS Regular & Certified Mail 04-16-10 POS Posting Observation: Prohibited Acts (Misc. junk/debris on property), overgrown grass/weeds, and two vehicles with flat tires and expire/no tag. Page 4 of 16 Code Enforcement Board Minutes April 27, 2010 Officer Delgado gave a brief history of the case providing exhibits and further stated, as of today, the property is still in non-compliance of 165-3. Dawn Carpenter, 640 Jay Street, stated that she does have current tags for both cars and provided them as exhibits. She further stated that she does admit that she did not put the stickers on the tag until recently. Member Hopper inquired if the vehicles are operable and if they are being driven, Ms. Carpenter stated they are operable; however, she does not drive the Corvette because she has two small children and it's against the law to put them in a Corvette. She further stated the Barracuda at this point is not operable and she is supposed to have someone come look at the car in the next few days. Chairman Godek inquired if she was still considered in violation. Officer Delgado stated the vehicle is inoperable, so yes. Member HopDer. moved in Case No. 10-052 to find the respondents in violation of 165-3 as cited as of April 1, 2010, and be fliven until Mav 21. 2010. to come into compliance or be fined $1 OO/ver dav thereafter. Died due to lack of second. Member Osborne. seconded bv Alternate Member Kellev. moved in Case No. 10-052 to find the resvondents in violation of 165-3 as cited as of Avril 1, 2010. and be given until Mav 7, 2010. to come into comvliance or be fined $100/ver dav thereafter. Motion carried 6-1 with Member Alexander opposinfl. Member Alexander. seconded bv Member HODDer. moved in Case Numbers 08-232 and 09- 028 to re-hear cases for reQuest of reduction offines. Motion carried unanimouslv. 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 11-05-08 11-05-08 11-05-08 11-13-08 11-25-08 01-06-09 01-06-09 01-06-09 01-27-09 01-28-09 02-17-09 02-27-09 03-24-09 04-28-09 06-23-09 06-29-09 07-28-09 07-30-09 08-04-09 NOCV SOY NOH POS POS OC SOY NOH POS OC POS POS CO CO CO CO POS ANC OIF POS Re-Inspection Date: 10-22-08 Meeting Date: 11-25-08 Regular and Certified Mail Posting Meeting Date: 01-27-09 Regular and Certified Mail Meeting Date: 02-24-09 Regular and Certified Mail Hand Delivery Given until 03-23-09 to comply or be fmed $150/per day Compliance date extended until 04-27-09 Extended until 06-12-09 Extended until 07-24-09 Regular & Certified Mail Regular & Certified Mail Page 5 of 16 Code Enforcement Board Minutes April 27, 2010 03-15-10 AC 03-15-10 Received Partial Payment of $13,534.21 03-15-10 OIF Total Due: $35,100.00 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. Officer Delgado gave a brief history of the case and stated, the owner did come into compliance with most of their violations except the roof and ceiling. The owner during that time was Patricia Burney and the board had given her extension after extension to try to comply. The fine total incurred is $35,100 but does not include $2324.66 that the city has invested. Chairman Godek inquired about the partial payment received. Officer Delgado stated the prior owner Patricia Burney sold the property and monies from that sale was put toward the lien. Member Hopper clarified that someone purchased this property with a lien attached to it. Officer Delgado stated it was purchased through a tax deed sale, but the new owner can explain. Hat Lau, 4430 Prince Hall Blvd., Orlando (FL), stated he purchased the property and did not know the previous owner. He stated the previous owner lost the property to a tax sale due to not paying for her taxes. They did do a title search but no violations showed up. The property was purchased on December 3,2009, and the County Tax Collector collected the money from them. Mr. Lau stated he was not aware of any violations but when they did obtain the house they immediately remodeled the house, which would have put them in compliance. He further stated it was not until an officer showed up to the property and informed his handyman of the code violations. Member Hopper clarified that when he purchased the home there was no lien. Officer Delgado stated the lien was recorded on August 31, 2009. Chairman Godek inquired if the property was in compliance. Officer Delgado stated it came into compliance with the city on March 15, 2010. Mr. Lau stated it was in compliance before that date but because he was unaware of any issues the city was not called out to inspect. Attorney Segal- George stated that in the case packet there is reference to title work that was done; however, it is dated June 18,2009. She further explained that the title company does have an obligation to pick up liens which is why they carry liability. Mr. Lau clarified that on a tax sale there is no title liability because the title company will not issue title insurance. He further stated that he has purchased other tax sale property and most counties will allow some relief on code violations if the new owner brings the code violations to compliance in a short time. Member HODDer. seconded bv Member Amev. moved in Case Numbers 08-232 to recommend to the City Commission to reduce the fine to $12.324.66. Motion carried unanimouslv. Page 6 of 16 Code Enforcement Board Minutes April 27, 2010 Case No. 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 06-29-09 POS 07-28-09 ANC 07-30-09 OIF 08-04-09 POS 08-20-09 AC 08-20-09 OIF Total due: $4,050.00 08-20-09 POS Regular & Certified Mail Observation: Failure to obtain any required fmal inspections for a partial re-roof, permit #08000865, issued on June 26, 2008. 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 Extended until 07-24-09 Regular & Certified Mail Regular & Certified Mail Officer Rodriguez gave a brief history of the case and further stated, her case is in regards to a roofing permit not being pulled. The total cost of the lien is $4,050.00 and the city invested cost is $1,695.70. Member HODDer. seconded bv Member Lowerev. moved in Case Numbers 09-028 to recommend to the Citv Commission to reduce the fine to $1695.70. Motion carried unanimous Iv. Member Alexander. seconded bv Member HODDer. moved in Case Number 09-058 to re-hear case for reQuest of reduction offines. Motion carried unanimouslv. Case No. 09-058 - Marilyn J., Daniel J. & Daniel J. Kelyman Jr. 6733 Lumberjack Lane Officer Delgado Violation Cited: 6-4 H (6) (b) 03-11-09 NOCV 03-19-09 SOY 03-19-09 NOH 03-19-09 POS 04-15-09 POS 04-28-09 CO 05-01-09 POS 05-26-09 ANC 05-26-09 OIF 06-02-09 POS 09-01-09 ANC Re-Inspection Date: 03-18-09 Meeting Date: 04-28-09 Regular & Certified Mail Hand Delivery Given until 05-22-09 to comply or be fmed $1 OO/per day Certified Mail As of 05-23-09 - $100/per day Certified Mail Page 7 of 16 Code Enforcement Board Minutes April 27, 2010 11-02-09 AC 11-02-09 OIF Total due: $16,200.00 11-02-09 POS Regular & Certified Mail Observation: White covered trailer must be stored behind front building line. Officer Delgado gave a brief history of the case and further stated she did not ever receive a call from the respondent, but the city went out on a quarterly inspection on November 2,2009, and the property was in compliance. The total cost for the lien is $16,200 and the city has invested $995.35. Daniel Kelyman, 9021 Mossy Oak Lane, Clermont (FL), stated the trailer is his but his son resides at the property. He further stated the property is owned by him and his mother and his son was quick-claimed to the property in 2007. Mr. Kelyman stated his son was out of town in Texas and his roommates that were residing at the home did not forward the code violation information to them. He further stated that when his son returned home he was told by a Code Enforcement Officer that as long as the trailer moves daily it could be kept on the side of the property. He further stated the trailer was moved to Clermont but they were not aware that fines were being accrued during that period of time. They found out about this lien when they tried to refinance the home. Mr. Kelyman stated they did not receive any notices because the address on the tax appraiser's office is wrong and that is something they will have to deal with. Member Hopper inquired ifhis son had ever seen any notices. Officer Delgado stated that she had spoken to a young gentleman who was rude and told her they were not going to move it. Officer Delgado stated she is not aware if it is the respondent's son she spoke with since he was not present tonight. Member Osborne. moved in Case No. 09-058 to recommend to the Citv Commission to reduce the fine to $2.995.35. Died due to lack of second. Member HODDer. moved in Case No. 09-058 to not recommend a reduction to the Commission but to leave the fine as it is and allow the Commission to vote on it. Died due to lack of second. Member Kellev. seconded bv Member Alexander, moved in Case Numbers 09-058 to recommend to the Citv Commission to reduce the fine to $11,195.35. Motion carried 5-2 with Chairman Godek and Member Hovver ovvosinf!. Case No. 09-059 - William H. Wins em ann In 2702 Coventry Lane Officer Rodriguez Violation Cited: 115-5 03-24-10 NOCV Re-Inspection Date: 04-12-10 04-13-10 SOY 04-13-10 NOH Meeting Date: 04-27-10 04-13-10 POS Regular & Certified Mail 04-15-10 POS Posting Observation: Excessive weed/grass growth. Page 8 of 16 Code Enforcement Board Minutes April 27, 2010 Officer Rodriguez gave a brief history of the case with exhibits and stated, as of today, the property is in non-compliance. She stated there are people residing at the home since there is an open water account for this property. Member HODDer. seconded bv Alternate Member Kellev. moved in Case Number 09-059 to find the resvondents in violation as cited as of April 9. 2010. and be given until Mav 14.2010. to come into compliance or be fined $150/ver day thereafier. Motion carried unanimouslv. Case No. 10-022 - Rickie and Brenda Roberts 208 E. Silver Star Road Officer Delgado Violation Cited: 168-6 01-13-10 NOCV Re-InspectionDate: 01-19-10 & 01-21-10 01-21-10 SOY 01-21-10 NOH Meeting Date: 01-26-10 01-21-10 POS Regular & Certified Mail 01-21-10 POS Hand Delivery 02-23-10 OC Regular & Certified Mail 03-01-10 POS Regular & Certified Mail 03-23-10 OC Regular & Certified Mail 03-23-10 POS Regular & Certified Mail 04-08-10 OC-Corrected Certified Mail Observation: Excessive weed/grass growth. Officer Delgado gave a brief history of the case with exhibits and stated, as of today, the property is in compliance. Member HODDer. seconded bv Member Lowerv. moved in Case No. 10-022 to find the resvondents in violation as cited as of Januarv 18. 2010. but in comvliance as of March 28, 2010. and no fine be assessed at this time. Motion carried unanimouslv. Case No. 10-039 - Gerald & Robin Welch 2005 Lady Avenue Officer Loeffler Violation Cited: 165-3 02-25-10 NOCV Re-Inspection Date: 03-18-10 04-02-10 SOY 04-02-10 NOH Meeting Date: 04-27-10 04-02-10 POS Regular & Certified Mail Observation: Prohibited Acts. Expired tag/flat tire in front of driveway. Officer Loemer gave a brief history of the case with exhibits and stated, as of today, the property is in non-compliance. Member HODDer. seconded bv Alternate Member Kellev, moved in Case Number 10-039 to find the respondents in violation as cited as of March 12. 2010, and be given until Mav 14, 2010, to come into comvliance or be fined $200/ver dav thereafier. Motion carried unanimous Iv. Page 9 of 16 Code Enforcement Board Minutes April 27, 2010 Case No. 10-041 - Stephanie, Peter Jr., and Susan Cafaro 716 Broadway Drive Officer Delgado Violation Cited: 168-6 03-17-10 NOCV Re-InspectionDate: 03-24-10 03-25-10 SOY 03-25-10 NOH Meeting Date: 04-27-10 03-25-10 POS Regular & Certified Mail 04-16-10 POS Hand Delivery Observation: Parking on private and public property. Officer Delgado gave a brief history of the case with exhibits and stated, as of today, the property is in compliance. Member Alexander. seconded bv Member Lowerv. moved in Case No. 10-041 to find the resvondents in violation as cited as of March 23. 2010, but in comvliance as of Avril 27. 2010. and no fine be assessed at this time. Motion carried unanimouslv. Case No. 10-044 - Dean Harper Inc 50% Int, Denver Harper Estate 50% Int, & Travis Harper 60 W. Circle Key Officer Siegrist Violation Cited: 108-35,115-3 02-18-10 NOCV Re-Inspection Date: 03-22-10 03-29-10 SOy 03-29-10 NOH Meeting Date: 04-27-10 03-29-10 POS Regular & Certified Mail Observation: Public Nuisances, Prohibited Acts (fire destroyed trailer, misc. trash, and debris on property). Officer Siegrist gave a brief history of the case with exhibits and stated, as of April 16, 2010, the property was in compliance. Member HODDer. seconded bv Alternate Member Amev. moved in Case No. 10-044 to find the resvondents in violation of as cited as of March 19.2010, but in comvliance of 108-35 as of March 22. 2010 and in compliance of 115-3 as of Avril 16. 2010. and no fine be assessed at this time. Motion carried unanimouslv. Case No. 10-045 - Hudson Furniture Showroom, Inc., Hudson Fred, Hud Twenty-five Ocoee, LLC and Jeffrey Brock 10401 W. Colonial Drive Officer Siegrist Violation Cited: 8-2 A 6-A (1), 8-6 03-08-10 NOCV Re-Inspection Date: 03-29-10 03-30-10 SOY 03-30-10 NOH Meeting Date: 04-27-10 03-30-10 POS Regular & Certified Mail Observation: Building Permit required. Banner signs. Officer Siegrist gave a brief history of the case with exhibits and stated, as of today, the property is in compliance. Page 10 of 16 Code Enforcement Board Minutes April 27, 2010 Member Lowerv. seconded bv Alternate Member Amev. moved in Case No. 10-045 to find the respondents in violation of 8-6A (]) as cited as of March 19. 2010. but in compliance as of April 27. 2010, and no fine be assessed at this time. Motion carried unanimouslv. Case No. 10-046 -1367 Olympia Park Circle Trust 1367 Olympia Park Circle Officer Delgado Violation Cited: 115-3 03-11-10 NOCV Re-Inspection Date: 03-29-10 03-30-10 SOY 03-30-10 NOH Meeting Date: 04-27-10 03-30-10 POS Regular & Certified Mail Observation: Prohibited Acts. Misc. junk/debris. Officer Delgado gave a brief history of the case with exhibits and stated, as of today, the property is in non-compliance. Member Hopper inquired if the electricity was on at the house. Officer Delgado stated she could not tell and she has not checked with Progress Energy; however, she checked the water account and that has been closed. Member Hopper inquired if the city was requesting abatement. Member Osborne inquired if there is anything in the backyard that would be considered a health hazard. Officer Delgado stated she is not aware as to what is in all the boxes on the back porch; some of the visible boxes do have food and clothes. She further stated someone is maintaining the property and mowing the grass. Member HODDer. seconded bv Alternate Member Kellev. moved in Case No. 10-046 to find the resvondents in violation as cited as of March 28.2010. and be fliven until Mav 7,2010. to come into comvliance or be fined $250/ver dav thereafter. Also have the citv abate the nuisance. Member HODDer. seconded bv Alternate Member Kellev. amended the vrevious motion and moved in Case No.1 0-046 to find the respondents in violation as cited as of March 28. 2010. and be fliven until Mav 7. 2010, to come into comvliance or be fined $2500 plus cost of abatement and city cost. Motion carried unanimouslv. Case No. 10-047 - Elcinette C. Joseph 2026 Cassingbam Circle Officer Delgado Violation Cited: 115-5 03-31-10 NOCV Repeat Violation: 04-01-10 04-01-10 SOY 04-01-10 NOH Meeting Date: 04-27-10 04-01-10 POS Regular & Certified Mail 04-02-10 POS Posting Observation: Excessive weed/grass growth. Officer Delgado gave a brief history of the case and stated this is a repeat violation. The last violation resulted in a lien of $14,100. She stated for this violation the property did come into compliance with the city on April 13, 2010. She further stated the city cost for case preparation totals $775.70. Page 11 of 16 Code Enforcement Board Minutes April 27, 2010 Member HODDer. seconded bv Member Alexander, moved in Case No. 10-047 to find the resvondents in violation as cited as a reveat violator as of March 31, 2010. and in comvliance as of Avril 13, 2010. and to vav a fine of$775. 70. Motion carried unanimouslv. Case No. 10-048 - Luis & Rosa Oceguera 900 Malcolm Road Officer Delgado Violation Cited: 108-35,108-42 03-19-10 NOCV Repeat Violation: 04-01-10 04-01-10 SOY 04-01-10 NOH Meeting Date: 04-27-10 04-01-10 POS Regular & Certified Mail 04-02-10 POS Posting Observation: Public nuisances, procedure of emergency city actions (secure windows, doors, and shed). Windows broken, open back door, home accessible and being vandalized. Officer Delgado gave a brief history of the case with exhibits and stated, as of April 13, 2010, the city abated the nuisance and brought the property into compliance. The city is asking for the cost of $507.62 for remedying the nuisance. That fine includes $100.00 for boarding the windows plus the cost of city staff time. A brief discussion ensued on ownership of the home. Member HODDer. seconded bv Alternate Member Kellev. moved in Case No. 10-048 to find the resvondents in violation as cited as of March 19. 2010. and in compliance as of Avril 13. 2010. and to pav a fine of $507. 62. Motion carried unanimouslv. Case No. 10-049 - Kent Smith Andrew 709 Lakeview Drive Officer Delgado Violation Cited: 115-5 03-24-10 NOCV Repeat Violation: 04-01-10 04-01-10 SOY 04-01-10 NOH Meeting Date: 04-27-10 04-01-10 POS Regular & Certified Mail 04-16-10 POS Posting Observation: Overgrown grass/weeds. Officer Delgado gave a brief history of the case with exhibits and stated, as of today, the property is in non-compliance. She stated there is a tenant living at the home. Member Alexander inquired if she was able to speak with the tenant about the violations. Officer Delgado stated she spoke with the neighbors who informed her that there is a gentleman who is disabled living at the home; however, she has not spoken with anyone herself. Member Hopper inquired if it looks as if anyone at some point maintained the property because it does not look real bad to him. Officer Delgado stated the last time the city abated the nuisance they mowed the grass and secured the pool; however, it was handled by staff and was not brought before the board. Officer Delgado stated the neighbors have informed her that they cut the front of the yard; however, the backyard has not been cut which is why she brought this case before the board, so that it does not get out of control and become an issue later. Alternate Member Amey clarified that an owner has not been contacted. Officer Delgado Page 12 of 16 Code Enforcement Board Minutes April 27, 2010 stated she has not received any calls and notices were left on the door, mailed out, and the property was posted. She further stated that the certified mail sent out to both respondents have both come back to her as undelivered but the regular mail she believes was received, since that was not returned to her. Member Lowerv. seconded bv Alternate Member Kellev, moved in Case No. 10-049 to find the respondents in violation as cited as of Avril]. 2010, and to be given until Mav 7,2010, to come into comvliance or be fined $150/ver dav thereafier. Motion carried unanimouslv. OTHER BUSINESS Case No. 09-017F - Joseph & Lee Ann Truett - Countrywide Home Loans 504 Wither Court Division Chief Stanley Violation Cited: NFPA 108-7, 108-19 (1),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 01-26-09 POS 03-11-09 CO 03-24-09 OIF 08-24-09 ANC 10-26-09 ANC 01-21-10 ANC 03-15-10 ANC 04-02-10 NOCV 04-02-10 POS 04-13-10 SOY 04-13-10 NOH 04-13-10 POS 04-13-10 POS Posting Observation: Home damaged by fire causing it to be unsafe, a fIre hazard, and a nuisance/public nuisance. Meeting Date: 02-24-09 CertifIed Mail Given until 03-13-09 to comply or be fmed $150/per day Non-compliance Regular & CertifIed Mail Certified Mail Meeting Date: 04-27-10 Deputy Fire Chief Stanley stated that the city is respectfully asking the board to re-open Case No. 09-017F for further clarification and amendments to the previous order. Member HODDer. seconded bv Member Lowerv. moved in Case Number 09-017F to re-hear case at the request of the city. Motion carried unanimouslv. Deputy Fire Chief Stanley stated that the city is respectfully requesting that the board amend the order of the February 24, 2009, meeting and add that the city abate the nuisance by demolition and assess the cost to owners per City Ordinance 108-41, as well as release Countrywide Home Loans of any Liens/Fine for this property. He further explained that Countrywide Home is not the true owner, but Joseph and Lee Ann Truett are, so they will need to release Countrywide Home Loans from any fines/liens that were placed on the property. Page 13 of 16 Code Enforcement Board Minutes April 27, 2010 Member Alexander. seconded bv Alternate Member Kellev. moved in Case Number 09-017 F to have the citv abate the nuisance bv demolition and assess the cost to the owners bv Ordinance No. 108-41 and release Countrvwide Home Loans of anv Liens/Fine for this vrovertv. Motion carried unanimous Iv. Case No. 09-018F - Mark & Janet Peach - Countrywide Home Loans 1400 Samantha Street Division Chief Stanley Violation Cited: NFPA 108-7, 108-19 (I), 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 01-26-09 POS 03-11-09 CO 03-24-09 OIF 10-22-09 ANC 01-25-10 ANC 03-25-10 ANC 04-02-10 NOCV 04-02-10 POS 04-13-10 SOY 04-13-10 NOH 04-13-10 POS 04-13-10 POS Posting Observation: Home damaged by fire causing it to be unsafe, a fIre hazard, and a nuisance/public nuisance. Meeting Date: 02-24-09 Certified Mail Given until 03-10-09 to comply or be fmed $150/per day Non-compliance Certified Certified Mail Meeting Date: 04-27-10 Deputy Fire Chief Stanley stated that this case is similar to the previous case. The city is respectfully requesting that the board amend the order of the February 24, 2009, meeting and add that the city abate the nuisance by demolition and assess the cost to owners per City Ordinance 108-41, as well as release Countrywide Home Loans of any Liens/Fine for this property. Member HODDer. seconded bv Member Lowerv. moved in Case Number 09-018F to re-hear case at the request of the citv. Motion carried unanimous Iv. Member HODDer. seconded bv Alternate Member Kellev, moved in Case Number 09-018F to have the city abate the nuisance bv demolition and assess the cost to the owners bv Ordinance No. 108-41 and release Countrywide Home Loans of anv Liens/Fine for this vrovertv. Motion carried unanimouslv. Case No. 10-026 - Charlene McCrea 1213 Freedom Court Violation Cited: 165-3 01-11-10 NOCV 02-11-10 SOY 02-11-10 NOH 02-11-10 POS 02-23-10 OC 02-24-10 CO Officer Loeffler Re-Inspection Date: 02-10-10 Meeting Date: 02-23-10 Regular & CertifIed Mail Given until 04-02-10 to comply or be fmed $1 OO/per day therafter Regular & CertifIed Mail Page 14 of 16 Code Enforcement Board Minutes April 27, 2010 Observation: Prohibited Acts (Abandoned or Junk Vehicle). Member Lowerv. seconded bv Member Alexander. moved in Case Number 10-026 to imvose fine of$100/ver dav effective April 3, 2010. until comvliance. Motion carried unanimouslv. Case No. 10-027 - Exclusive Homes, Inc. - George Douglas Laman 718 Lyman Avenue Officer Loeffler Violation Cited: 108-35 01-21-10 NOCV 02-11-10 SOY 02-11-10 NOH 02-11-10 POS 02-23-10 OC 02-24-10 CO 03-23-10 CO-extended 03-23-10 POS Observation: Public Nuisances. Re-Inspection Date: 02-10-10 Meeting Date: 02-23-10 Regular and Certified Mail Given until 03-05-10 to comply or be fmed $250/per day Regular & Certified Mail Regular & Certified Mail Regular & Certified Mail Officer Loeffler stated he has not heard from the respondent but improvements had been made on the property; even with the new improvements, the sewage is still leaking and tenant is now reporting newer problems with her plumbing. He further stated, at this time, the property is in non-compliance. Member Osborne inquired at what point this property could be ruled uninhabitable; it has to be a health hazard. Officer Loeffler stated the tenants are looking to move out and Orange County Health Department is involved in this property so he believes they can work with the Building Department before a new occupant moves in. Member HODDer. seconded bv Alternate Member Amev. moved in Case Number 10-027 to imvose fine of $250/ver day effective Avril 6. 2010. until compliance. Motion carried unanimous Iv. COMMENTS Attorney Segal-George announced that Attorney Sneed had her beautiful baby boy on April 15,2010. His name is Aiden Daniel Sneed. Member Osborne stated she would like to thank the officer for the job that they do since she suspects that they are not always greeted warmly when they go to some of the homes. She also inquired as to whom in the city handles the tree removal process. She further explained the dilemma she has in her neighborhood with trees being trimmed. Deputy Fire Chief Stanley stated he had a meeting with Zoning Inspector Dunsford and Code Enforcement Officer Delgado to workout a process so they are trying to work something out with the building department to resolve these tree permit issues. Member Alexander, Hopper, and Lowery thanked the officers for working with the citizens and the citizens for their compliance. Chairman Godek welcomed Carole Arney back to the board. Page 15 of 16 n__~ Code Enforcement Board Minutes April 27, 2010 ADJOURNMENT Meeting adjourned at 9: 17 p.m. Melanie Sibbi , eputy City Clerk Page 16 of 16