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HomeMy WebLinkAbout06-22-2010 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JUNE 22, 2010 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 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 Hopper, Sais, Alternate Member Amey, and Alternate Member Kelley. Also present were Code Enforcement Officer Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Siegrist, Code Enforcement Officer Rodriguez, Administrative Assistant Ballard, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Members Alexander, Lowery, and Osborne 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, 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, Band C. *Note: Consent Agenda was amended A. Minutes of the May 25,2010, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 10-080, 10-085, 10-104, 10-125, 10-126, 10- 113, and 10-128 were transferred to consent.) Case Number Respondent Location of Violation 1) 1 0-080 Warren Kendrick 919 Red Dandy Drive 2) 10-085 Martina L & Larry George Herndon 2333 Laurel Blossom Circle 3) 10-104 Michael Lewandowski 1003 Wurst Road 4) 10-108 BP America, Inc 10960 W Colonial Drive Kraft Debra S Meridith 5) 10-113 Kelvin Moore 2430 Leaning Pine Street Lasalle Bank National Assoc, as Trustee for Tamp 2007RS2 Code Enforcement Board Minutes June 22, 2010 6) 10-114 7) 10-115 8) 10-116 9) 10-117 10) 10-118 11) 10-119 12) 10-123 13) 10-125 14) 10-126 15) 10-128 c/o Homecomings Financial LLC Michael A Silva Jaime Barragan Kristina Ossul Rayon A & Aurline M Cassis Cheryl E & Peter Euton Hardy Sr. Dinh Nguyen Andre Dixon Christopher Townsend Nelson Robin Gosnell Sr. Helen Elizabeth Gosnell Christopher Rochell Wells Fargo Bank Na TR c/o FidelitylEMC Mortgage Corp. C. Order of Continuance (July 27,2010, Meeting). Case Number Respondent 2540 Dovetail Drive 1837 Lochshyre Loop 2067 EI Marra Drive 2599 Laurel Blossom Circle 2496 Laurel Blossom Circle 2172 Laurel Blossom Circle 219 W. Ohio Street 613 Sherwood Oaks Circle 449 S Bluford Avenue 1367 Olympia Park Circle Location of Violation Vice Chair M. Godek. seconded bv Alternate Member Kellev. moved to approve the Consent AIlenda as presented bv city staff. Motion carried unanimously. Vice Chair M. Godek. seconded bv Member HODDer. moved to hear the cases in the followinIl order: Case Nos. 10-120 and 10-124: then revert back to the aIlenda. Motion carried unanimous Iv. COMMENTS FROM CITIZENS - None. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY TillS 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, SOY - STATEMENT OF VIOLATION (S) and WD- WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 10-120 - Theodore F. Von Der Heyde 2405 Stricker Drive Officer Rodriguez Violation Cited: 168-6 05-17-10 NOCV Re-Inspection Date: 05-24-10 06-02-10 SOY 06-02-10 NOH Meeting Date: 06-22-10 Page 2 of9 Code Enforcement Board Minutes June 22, 2010 06-02-10 POS Regular & Certified Mail 06-11-10 POS Posting Observation: Trailerlboat on front of property. Officer Rodriguez gave a brief history of the case and further stated, as of today, the property is in compliance. Theodore Von Der Heyde stated he has a problem with being the only one in the city who has to comply with this particular ordinance. He stated he drove past three main streets in the City and has found many different residents in violation including boats in the front yard. His next door neighbor has a trailer in his side yard which has been there for two years and he does not believe the officer has not seen it. Mr. Von Der Heyde further expressed his concerns with violations around the City that are not in compliance and how he is required to comply. Member Hopper informed Mr. Heyde that if he feels he is being targeted then he should speak with the officer's director. Attorney Sneed informed Mr. Heyde that any violations he has seen can be directed to the Code Enforcement Officer or their supervisor. Member HODDer. seconded bv Alternate Member Amev. moved in Case No. 10-120 to find the respondent in violation as cited as of Mav 21. 2010. and in comvliance as of June 22. 2010. and no fine be assessed at this time. Motion carried unanimouslv. Chairman Godek informed Mr. Von Der Heyde that this will be a repeat violation should there be another time that the officer sees his boat in the front yard and fines will accrue immediately. Alternate Member Amey suggested he should talk to the Code Enforcement Supervisor and try to get approval ifhe is working on his boat. Case No. 10-124 - Jeremy & Emma Bellis 321 Trancas Court Officer Siegrist Violation Cited: 168-6 05-18-10 NOcV Re-Inspection Date: 06-01-10 06-02-10 SOY 06-02-10 NOH Meeting Date: 06-22-10 06-02-10 POS Regular & Certified Mail Observation: Camper trailer parked (no tag) in front/side yard. Officer Siegrist gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Jeremy Bellis stated that he has been in communication with the officer since he has received the letter. He further stated he may not be able to argue the letter of the code but he can argue the intent of the code on this issue. He further provided exhibits of his property and stated his driveway is at a steep incline and is on a cul-de-sac. Mr. Bellis further explained the awkwardness of his property lot which he stated does not allow the trailer to be parked where it will be within the code and in compliance. Vice Chair M. Godek inquired as to what measures has been taken to try and at least get the Page 3 of9 Code Enforcement Board Minutes June 22, 2010 trailer to a place in the yard that would be in compliance. Mr. Bellis stated they had the people at Recreation World out at this property. Vice Chair M. Godek inquired if he has spoken to a landscape engineer who may be able to design a flat location on the side of his house along with a ramp to get the trailer onto it. Mr. Bellis stated he has not called a landscape designer but by looking at the property there is not a 2 1/2 to 1 ratio. Vice Chair M. Godek inquired if Mr. Bellis was an Engineer. Mr. Belllis stated he was not. Alternate Member Kelley inquired from Mr. Bellis if he knowingly purchased the trailer knowing it would not be able to go where it would be in compliance with the code. Mr. Bellis stated he did not speak with the City but he had spoken with Recreation World prior to purchasing the trailer. Chairman Godek informed Mr. Bellis that the board can not change the rules of the code. He may be able to go to the Board of Adjustment but this board can only listen to the case in violation of the code. Attorney Sneed inquired from the officer if this would be a case that could get a variance from the code. Officer Siegrist stated that he checked on that for Mr. Bellis and was told no. Mr. Bellis inquired as to who said no. Officer Siegrist stated he had his staff at the fire Department look into it and they were told a variance would be more for setbacks issues dealing with structures not a trailer. Alternate Member Arney stated that maybe he should talk to his commissioner and let them give him some guidance. Mr. Bellis stated that he was given a notice in 2008 for this same issue and it was dropped. He further expressed his concerns with violations being dismissed at a staff level but come back later when there is another complaint. Attorney Sneed explained that the board can not decide whether they like a code or disagree with it. Their duties are to decide if the respondent is in violation or not based on the testimony before them tonight not anything prior. Chairman Godek inquired if the officer received a citizen complaint about this property. Officer Siegrist stated he had received several anonymous e-mails regarding violations in Prima Vista and this was one of them. Member Hopper stated he agrees that this is an odd case but they have to go by what has been presented. The board may decide to request an extension. Chairman Godek stated if it was the officer's observation he would be okay with not taking action right away but since it was a citizen's compliant he feels some kind of action should be taken. Attorney Sneed advised they could find the respondent in violation but still allow a fair amount of time for the respondent to figure out what he can do. Member HODDer. seconded bv Alternate Member Kellev. moved in Case No. 10-124 to find the resvondents in violation as cited as of Mav 29. 2010. and be Iliven until August 13. 2010. to come into comvliance or be fined $100/ver dav thereafter. Motion carried unanimous/v. Mr. Bellis inquired if they could direct him to who he may be able to speak with that would be able to help him. Alternate Member Amey stated he should go to his Commissioner Rusty Johnson. Attorney Sneed advised that he may want to go to the Development Services Department to talk to them about maybe getting a variance. Deputy City Clerk Sib bitt stated he should speak with Michael Rumer in the Development Services Department. Page 4 of9 Code Enforcement Board Minutes June 22, 2010 Case No. 10-105 - Alberto R. Farrell II 555 Whiskey Creek Court Violation Cited: 115-5,115-3 04-28-10 NOcV 05-12-10 SOY 05-12-10 NOH 05-12-10 POS 05-27-10 OC 05-27-10 POS Regular and Certified Mail Observation: Excessive Weed/Grass and mise junk/debris on property. Officer Delgado Re-Inspection Date: 05-11-10 Meeting Date: 05-25-10 Regular and Certified Mail 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 115-3. Officer Delgado stated that she has not received any contact from the owner until today when she ran into him at Walgreens where he works. She informed him that she was the one who had posted his property twice and had sent him letters in which he stated to her that he had not read the letters and was not aware that the debris was a problem. He advised her that if all he had to do was remove the debris he would and she informed him the case was to be heard tonight and she would advise him what the board decides. Vice Chair M. Godek. seconded bv Alternate Member Kellev. moved in Case No. 10-105 to find the resvondent in violation as cited as of Mav 9. 2010. but in comvliance of 115-5 as of June 22.2010. and be given until Julv 16.2010. to come into comvliance or be fined $150/ver day per violation thereafter. Motion carried unanimous Iv. Case No. 10-109 - MFCS Investors, LLC 1100 Blackwood Avenue Officer Delgado Violation Cited: 115-7,115-3,168-6,168-4,108-35,95-3 04-12-10 NOcV Re-Inspection Date: 05-24-10 05-25-10 SOY 05-25-10 NOH Meeting Date: 06-22-10 05-25-10 POS Regular & Certified Mail Observation: Overgrown grass/weeds, fence maintenance needed, prohibited acts, parking on private or public property, public nuisances. Officer Delgado gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. She stated she has been contacted from Lisa Hernandez, Executive Secretary to the LLC, who stated she would hire someone to put a fence up and that she does already pay someone to mow the grass. Officer Delgado informed Ms. Hernandez that she needed to come by and look at the property because whom ever she paid is not doing their job. Officer Delgado stated she would like to have the city mow the grass, remove the debris, and fill the hole on the property. A brief discussion ensued regarding abatement. Member HODDer. seconded bv Vice Chair M. Godek. moved in Case Number 10-109 to find the respondent in violation as cited as of April 29. 2010. and be given until Julv 2. 2010. to Page 5 of9 Code Enforcement Board Minutes June 22, 2010 come into compliance or be fined $100/ver dav per violation thereafter. Also authorize the city to abate the nuisance and add the cost to the fine. Motion carried unanimous Iv. Case No. 10-122 - Jose Mercedes Oseguera & Edgar Lopes Orosco 2007 Lady Avenue Officer Loeffler Violation Cited: 115-5, 43-8 A&B 05-13-10 NOCV Re-Inspection Date: 05-24-10 06-09-10 SOY 06-09-10 NOH Meeting Date: 06-22-10 06-09-10 POS Regular & Certified Mail Observation: Overgrown grass/weeds and barnyard animal/rooster in garage. Officer Loeffier gave a brief history of the case and further stated that as of June 18, 2010, the property was in compliance. Vice Chair M. Godek. seconded bv Alternate Member Amev. moved in Case No. 10-122 to find the respondents in violation as cited as of Mav 23. 2010. but in compliance as of June 18. 2010. and no fine be assessed at this time. Motion carried unanimouslv. Case No. 10-127 - Lynda Cole 1401 Little Spring Hill Violation Cited: 115-3, 115-5 05-20-10 NOCV 06-09-10 SOY 06-09-10 NOH 06-09-10 POS Observation: Overgrown grass. Officer Loeffler Re-Inspection Date: 06-07-10 Meeting Date: 06-22-10 Regular & Certified Mail Officer Loeffier gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Member HODDer. seconded bv Vice Chair M. Godek. moved in Case No. 10-127 to find the resvondents in violation as cited as of June 6.2010. and be Iliven until Julv 16.2010. to come into compliance or be fined $100/per dav per violation thereafter. Motion carried unanimouslv. OTHER BUSINESS Case No. 10-043 - Clara R. Amic Life Estate 330 Spring Bluff Court Violation Cited: 115-6,108-22,108-23 R (1) 02-12-10 NOCV Re-Inspection Date: 04-02-10 04-02-10 SOY 04-02-10 NOH 04-22-10 POS 04-26-10 OC 04-28-10 POS 05-27-10 CO Officer Loeffler Meeting Date: 04-27-10 Regular & Certified Mail Regular & Certified Mail Regular & Certified Mail Given until 06-22-10 to comply or pay $100/per day Page 6 of9 Code Enforcement Board Minutes June 22, 2010 05-27-10 POS Regular & Certified Mail 05-26-10 AC Observation: Abandoned unsafe swimming pool, electrical system (missing cover for clothes dryer/outlet exposured/220 electrical wires, holes in interior walls throughout the house. In compliance. Case No. 10-062 - Armando Torres, Jose Medina, and Azucena Medina 93 Deer Key Court Officer Siegrist Violation Cited: 51-13 10-15-09 NOCV 04-13-10 SOY 04-13-10 NOH 04-13-10 POS 04-16-10 POS 04-26-10 OC 04-28-10 POS 05-27-10 CO 05-27 -10 POS Observation: Permits required. In compliance as of today. Re-Inspection Date: 04-12-10 Meeting Date: 04-27-10 Regular & Certified Mail Hand Delivery Regular & Certified Mail Regular & Certified Mail Given until 06-21-10 to comply or be fmed $ 150/per day Regular & Certified Mail Case No. 10-086 - Gamelz Cinevert & Loudgere Delcy-Cinevert 2261 Laurel Blossom Circle Officer Rodriguez Violation Cited: 115-5 04-05-10 NOCV 05-04-10 SOY 05-04-10 NOH 05-04-10 POS 05-13-10 POS 05-27-10 CO 05-27-10 POS 06-15-10 ANC Observation: Excessive weed/grass growth. Re-Inspection Date: 04-20-10 Meeting Date: 05-25-10 Regular & Certified Mail Posting Given until 05-28-10 or be fmed $100/per day. Also abate property. Regular & Certified Mail Officer Rodrigeuz stated this case is to impose fine. Vice Chair M. Godek. seconded bv Member HODDer. moved in Case No. 10-086 to imvose fine effective Mav 29. 2010. and to authorize abatement to the vroperty and imvose cost to the fine. Motion carried unanimouslv. Case No. 10-092 - Alami Youssef 590 Belhaven Falls Drive Violation Cited: 115-5 04-19-10 NOCV 05-11-10 SOY 05-11-10 NOH 05-11-10 POS Officer Siegrist Re-Inspection Date: 05-10-10 Meeting Date: 05-25-10 Regular & Certified Mail Page 7 of9 Code Enforcement Board Minutes June 22, 2010 Observation: Overgrown grass and/or weeds. Officer Siegrist stated this case is to impose fine. Vice Chair M. Godek. seconded bv Alternate Member Kellev. moved in Case No. 10-092 to imvose fine effective June 5. 2010. and to authorize abatement to the vrovertv and impose cost to the fine. Motion carried unanimouslv. Case No. 10-099 - Kevin Mancuso 2010 Shari-Lynn Terrace Officer Loeffler Violation Cited: 115-5,165-3,115-3,54-3 a (1) 04-21-10 NOCV Re-Inspection Date: 05-10-10 05-12-10 SOY 05-12-10 NOH Meeting Date: 05-25-10 05-12-10 POS Regular & Certified Mail 05-27-10 CO Given until 06-11-10 to comply or be fmed $100/per day per violation 05-27-10 POS Regular & Certified Mail Observation: Overgrown grass/weed, junk/debris all around property, untagged vehicle, and no address numbers attached to the structure. Officer Loeffler stated this case is to impose fine. Member HODDer. seconded bv Alternate Member Amev. moved in Case No. 10-099 to imvose fine effective June 12. 2010. and to authorize abatement to the vropertv and impose cost to the fine. Motion carried unanimouslv. Case No. 10-100 - Esther F. Hall 1604 Doreen Avenue Officer Loeffler Violation Cited: 115-3,108-35 03-10-10 NOCV Re-Inspection Date: 05-10-10 05-12-10 SOY 05-12-10 NOH Meeting Date: 05-25-10 05-12-10 POS Regular & Certified Mail 05-27-10 CO Given until 06-18-10 to comply or be fmed $100/per day per violation 05-27 -10 POS Regular & Certified Mail Observation: Multiple violations of city ordinance, misc. junk/debris/trash littering property, broken windows/glass, holes in exterior walls, plumbing septic pipes damaged, and exposed wiring flood light fixture on roof comer. In compliance. Case No. 10-103 - Frederick Kountz 117 Burnt Tree Court Violation Cited: 115-5, 115-3 04-01-10 NOCV 05-12-10 SOY 05-12-10 NOH 05-12-10 POS Officer Loeffler Re-Inspection Date: 04-20-10 Meeting Date: 05-25-10 Regular & Certified Mail Page 8 of9 Code Enforcement Board Minutes June 22, 2010 05-27-10 CO Given until 06-04-10 to comply or be fmed $100/per day per violation 05-27-10 POS Regular & Certified Mail Observation: Excessive weed or grass, misc. junk/debris littering property on front porch and rear of property. In compliance. Case No. 10-107 - Alami Youssef 590 Belbaven Falls Drive Violation Cited: 115-6 05-11-10 NOCV 05-12-10 SOY 05-12-10 NOH 05-12-10 POS 05-12-10 POS 05-27-10 CO 05-27-10 POS 06-03-10 ANC Observation: Abandoned or unsafe swimming pool. Officer Siegrist Re-Inspection Date: Repeat Violation Meeting Date: 05-25-10 Regular & Certified Mail Posting Given until 06-02-10 to comply or be fmed $1 OO/per day Regular & Certified Mail Officer Siegrist stated this case is to impose fine. Member HODDer. seconded bv Vice Chair M. Godek. moved in Case No. 10-107 to impose fine effective June 3. 2010. until compliance. Motion carried unanimous/v. COMMENTS Vice Chair M. Godek reminded citizens that you can go to the City's web site to post complaints and it can be anonymous. ADJOURNMENT /ftiO]Ji)-- Melanie Sib bitt, Deputy City Clerk Robert Godek, Chairman Page 9of9