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HomeMy WebLinkAbout08-24-2010 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING AUGUST 24, 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 Lowery 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 Rodriguez, Deputy Fire Chief Stanley, Fire Inspector Sorenson, Administrative Assistant Ballard, Attorney Sneed, 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 the Code Enforcement Officers, Fire Inspector, and anyone intending to speak regarding a case. CONSENT AGENDA ALL MATIERS 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 July 27,2010, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 10-178, 10-180, 10-181, 10-182, 10-183, 10- 208, and 10-211 were transferred to consent.) Case Number Respondent 1) 10-178 Roy E Ellison Jr & Heidi Donato 2) 10-179 Krystal D Robinson 3) 10-180 David Jacques, Karen Abraham & Billy Word Daniel & Melissa Martone Lee L & Beatrice A Fruth Girjahnand & Sattie Pawaroo Stephen Glaser Joan M Estinval 4) 10-181 5) 10-182 6) 1 0-183 7) 10-189 8) 10-192 Location of Violation 5113 Log Wagon Road 5002 Log Wagon Road 6826 Millstream Road 6825 Cross Cut Court 6806 Sawmill Blvd. 2106 Laurel Blossom Circle 1566 Whitefrair Drive 2340 Grand Poplar Street Code Enforcement Board Minutes August 24, 2010 9) 10-208 10) 10-211 Andrea L Distin-Campbell Sharon B Wolfram Trust 12 INT Stephen W Wolfram Trust 12 INT 2265 Stefanshire Avenue 1204 Sandy Beach Lane C. Order of Continuance (September 28,2010, Meeting). Case Number Respondent Location of Violation 1) 10-188 Margin, LLC 399 Enterprise Street Ste 407 Affordable Mercedes-Benz & BMW, Inc. Member Lowerv. seconded bv Alternate Member Kellev. moved to avvrove the Consent Agenda as presented bv citv staff. Motion carried unanimouslv. Member HODDer. seconded bv Member Lowerv. moved to hear the cases in the followinfl order: Case Nos. 10-196. 10-124. and 10-081; then revert back to the aflenda. 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, 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. 10-196 - Thelma Floyd Life Estate REM: Anita Jean Wade 240 Taylor Street Officer Siegrist Violation Cited: 115-5 07-09-10 NOCV Re-Inspection Date: 07-23-10 07-29-10 SOY 07-29-10 NOH Meeting Date: 08-24-10 07-29-10 POS Regular and Certified Mail Observation: Excessive weed or grass growth, prohibited acts - parking on public or private property. Officer Loeffler gave a brief history of the case and further stated, as of today, the property is in compliance. Member Osborne. seconded bv Member HODDer. moved in Case No. 10-196 to find the resvondents in violation as cited as of Julv 23. 2010. but in comvliance as of August 24. 2010. and no fine be assessed at this time, Motion carried unanimouslv. Page 2 of 10 Code Enforcement Board Minutes August 24, 2010 Chairman Godek advised the respondent that she can be cited as a repeat violator if she allows this same violation to reoccur. Case No. 10-124 - Jeremy & Emma Bellis 321 TraDcas Court Officer Siegrist Violation Cited: 168-6 05-18-10 NOCV Re-Inspection Date: 06-01-10 06-02-10 SOV 06-02-10 NOH Meeting Date: 06-22-10 06-02-10 POS Regular & Certified Mail 06-22-10 CO Given until 08-13-10 to comply or be fmed $100/per day thereafter 06-25-10 POS Regular & Certified Mail 07-29-10 OC Board extended compliance date to 08-24-10 07-29-10 POS Regular & Certified Mail Observation: Camper trailer parked (no tag) in front/side yard. Officer Loeffler stated he drove by the property and the trailer is still in the yard. Deputy Fire Chief Stanley stated he had a brief discussion with Development Services Director Shadrix who told him that the city has exhausted all its efforts to try to find a solution for this property, with that being said, the only alternative is for the respondent to put his trailer/camper in storage or to try and fit it on the other side of his yard. He further stated Mr. Shadrix will be sending the homeowner a letter advising him of this. Member Hopper clarified that this was a citizens compliant. Deputy Fire Chief Stanley stated he believes so and according to Mr. Shadrix a variance is not an option. Jeremy Bellis stated that before tonight he had not heard any outcome so this comes as a surprise to him that everything has been exhausted. He further stated that the last he knew Butch Stanley, Mike Rumer and Craig Shadrix were looking to find a way to allow for an exception when the code could not be followed. Mr. Bellis advised he is not able to get the trailer to where the code states it needs to be because of the steepness of his yard. Deputy Fire Chief Stanley agreed that Mr. Bellis was not contacted prior then today regarding all avenues being exhausted for his trailer because the city was trying to research and come up with a remedy for him. He spoke with Mr. Shadrix today and a letter will be forwarded to Mr. Bellis giving explanation of their efforts. Attorney Sneed advised the board that at the last meeting they granted an extension to today's date so based on the testimony tonight, the board may wish to grant another extension to a time certain for compliance or they can leave it as is. Member Hopper stated he has mixed emotions on the situation but is happy the city did do what they could to try and help fmd a remedy. Alternate Member Kelley inquired from Mr. Bellis as to how long he thought it would take him to move the trailer to a suitable place. Mr. Bellis stated he feels within a month because of time commitments already set to his weekends. Deputy Fire Chief Stanley stated he feels that in good faith they should think about a 60-90 days compliance date because Mr. Bellis has endured a lot. Member Lowerv. seconded bv Alternate Member Kellev. moved in Case No.1 0-124 to extend the comvliance date to Sevtember 27. 2010. Motion carried 4-3 with Members Alexander, Hopver. and Amev ovvosing. Page 3 of 10 Code Enforcement Board Minutes August 24, 2010 Case No. 10-081 - Maggie Jones 1104 Doreen Avenue Officer Rodriguez Violation Cited: 51-13 04-14-10 NOCV Re-Inspection Date: 05-03-10 05-06-10 SOV 05-06-10 NOH Meeting Date: 05-25-10 05-06-10 POS Regular and Certified Mail 05-13-10 POS Posting 05-27-10 OC Extend until 08-24-10 05-27-10 POS Regular & Certified Mail Observation: Obtain required permits. Officer Rodriguez stated the respondent just received her variance approval today so she is looking for an extension. Maggie King stated she came before the board in May and explained that she had to get a variance because of the setback of the structure prior to pulling the permit. She further stated she went before the Board of Adjustment in July for a hearing to get approval but had not been contacted since that meeting by any city staff. Ms. King stated she realized that she would have to be here for this board hearing today so she went to city hall and was then given an approval. She further stated that unfortunately she may possibly be going through a foreclosure process with her bank on her property but is trying to work with the state on keeping her home. Ms. King stated she wants to request an extension of 120 days to see if she can work with the bank and then try to pull the permit. She further briefly explained her situation. Member Alexander inquired if part of her delay was due to the city not getting back to her. Ms. King stated yes because she had not heard from anyone since the meeting in July. Member HODDer. seconded bv Member Alexander. moved in Case No. 10-081 to extend the comvliance date to October 15. 2010. Motion carried 6-1 with Member Osborne ovvosing. Case No. 10-191- Traffic, Inc. David Goodman 9401 W. Colonial Drive Ste. 352 Fire Inspector Sorenson Violation Cited: NFPA 1 (4.5.8) 08-04-10 NOCV Re-Inspection Date: REPEAT VIOLATION 08-04-10 SOV 08-04-10 NOH Meeting Date: 08-24-10 08-04-10 POS Regular & Certified Mail Observation: Emergency lights inoperable. Fire Inspector Sorenson gave a brief history of the case stating this was a repeat violator. He further stated as of August 9, 2010 the property was in compliance. Fire Department is recommending recovery of administrative cost of $537.13 Page 4 of 10 Code Enforcement Board Minutes August 24, 2010 Member HODDer. seconded bv Member Lowerv. moved in Case Number 10-191 to find the respondent in violation as cited as a reveat violator as of Julv 14. 2010. but in comvliance as of August 9. 2010. and the resvondent vav the fine of $787.13 ($250+$537.13). Motion carried unanimouslv. Case No. 10-193 - Marie Lina & Jean Rhodes Camille 2109 El Marra Drive Officer Rodriguez Violation Cited: 115-5 07-07-10 NOcV Re-Inspection Date: 07-28-10 07-29-10 SOV 07-29-10 NOH Meeting Date: 08-24-10 07-29-10 POS Regular & Certified Mail Observation: Excessive weed or grass growth. Officer Rodriguez gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Member Osborne. seconded bv Member HODDer. moved in Case No. 10-193 to find the resvondents in violation as cited as of Julv 22. 2010. and be fliven until Sevtember 10. 2010. to comvlv or be fined $50/ver dav thereafter. Motion carried unanimouslv. Case No. 10-194 - GianMarco Rossi 2382 Laurel Blossom Circle Officer Rodriguez Violation Cited: 115-5 07-07-10 NOCV Re-Inspection Date: 07-28-10 07-29-10 SOY 07-29-10 NOH Meeting Date: 08-24-10 07-29-10 POS Regular & Certified Mail Observation: Excessive weed or grass growth. Officer Rodriguez gave a brief history of the case and further stated, as of today, the property is in non-compliance. Alternate Member Kellev. seconded bv Alternate Member Amev. moved in Case No.1 0-194 to find the resvondent in violation as cited as of Julv 22. 2010. and be fliven until Sevtember 10. 2010. to complv or be fined $50/ver dav thereafter. Motion carried unanimouslv. Case No. 10-195 - Dinh Nguyen 2496 Laurel Blossom Circle Officer Rodriguez Violation Cited: 115-5 07-07-10 NOCV Re-InspectionDate: 07-28-10 07-29-10 SOV 07-29-10 NOH Meeting Date: 08-24-10 07-29-10 POS Regular & Certified Mail Observation: Excessive weed or grass growth. Officer Rodriguez gave a brief history of the case providing exhibits and further stated, as of Page 5 of 10 Code Enforcement Board Minutes August 24, 2010 today, the property is in non-compliance. Property is vacant and city is requesting to abate the property. Member HODDer. seconded bv Member Osborne. moved in Case No. 10-195 to find the resvondent in violation as cited as of Julv 22. 2010. and be fliven until Sevtember 10. 2010. to comvlv or be fined $50/ver dav thereafter, Also authorize the Citv to abate the nuisance and add the cost to the fine. Motion carried unanimouslv. Case No. 10-197 - Quality Care Care, Inc c/o Gary Kissoon, Jaiden Land LLC c/o Leonard Argentine 751 LF Roper Parkway Officer Siegrist Violation Cited: 8-2 A, 8-6 07-15-10 NOCV Re-Inspection Date: 08-02-10 08-02-10 SOY 08-02-10 NOH Meeting Date: 08-24-10 08-02-10 POS Regular & Certified Mail 08-11-10 POS Hand Delivery 08-12-10 NOcV Regular & Certified Mail Observation: Building permit required - other signs/general requirements. Officer Loeffler gave a brief history of the case providing exhibits and further stated, as of today, the property is in compliance because they have a grand opening 2 week permit but it was not in compliance July 29th.August 16th. Alternate Member Kellev. seconded bv Alternate Member Amev. moved in Case No. 10-197 to find the respondents in violation as cited as of Julv 29. 2010. but in comvliance as of AUflust 16. 2010. and no fine be assessed at this time. Motion carried unanimouslv. Case No. 10-203 - Alison G. Charlot 6836 Sawmill Blvd. Officer Rodriguez Violation Cited: 115-3, 108-23 I 07-29-10 NOcV Re-Inspection Date: 08-0506-10 08-09-10 SOY 08-09-10 NOH Meeting Date: 08-24-10 08-09-10 POS Regular & Certified Mail Observation: Prohibited acts, general requirements, remove misc. junk/debris from property, replace/secure broken window. Officer Rodriguez gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Property is vacant and City is requesting to secure the windows, gate, and clean property. Member Lowerv. seconded bv Alternate Member Kellev. moved in Case No. 10-203 to find the resvondents in violation as cited as of August 4. 2010. and be fliven until Sevtember 10. 2010. to come into comvliance or be fined $100/ver dav ver violation thereafter. Also authorize the Citv to abate (secure windows. flate. and clean vrovertv) the nuisance and add cost to the fine. Motion carried unanimouslv. Page 6 of 10 Code Enforcement Board Minutes August 24, 2010 Case No. 10-209 - Luis A. Barragan 464 Northern Durango Officer Loeffier Violation Cited: 115-3,168-6 B (1) (a) (b) 07-13-10 NOcV Re-Inspection Date: 07-19-10 08-12-10 SOY 08-12-10 NOH Meeting Date: 08-24-10 08-12-10 POS Regular & Certified Mail Observation: Parking on public or private property, prohibited acts. Officer Loeffler gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Member Osborne inquired as to who was in violation, the property owner or the tenant. Officer Loeffler stated both are in violation. Case No. 10-210 - Edgardo & Natalie Caruso 409 Little Spring Hill Drive 07-21-10 NOcV 08-12-10 SOY 08-12-10 NOH Meeting Date: 08-24-10 08-12-10 POS Regular & Certified Mail Observation: Prohibited acts, general requirements (broken window, fallen decayed tree limbs). Officer Loeffier Re-Inspection Date: 07-28-10 Officer Loeffler gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. Property is vacant and City is looking for recommendation of abatement. Case No. 10-212 - Denise Brown 204 Audrey Street Officer Loeffier Violation Cited: 115-5 A.C., 115-3,115-6, 108.23Q 07-28-10 NOCV Re-Inspection Date: 08-05-10 08-12-10 SOY 08-12-10 NOH Meeting Date: 08-24-10 08-12-10 POS Regular & Certified Mail Observation: Excessive weed or grass. Prohibited acts, abandoned or unsafe swimming pool, general requirements. Page 7 of 10 Code Enforcement Board Minutes August 24, 2010 Officer Loeffler gave a brief history of the case providing exhibits and further stated, as of today, the property is in non-compliance. House appears to be occupied; however through visits by Police Department and himself they have not witnessed anyone going in/out. City is looking for abatement so they came secure the property and pool. Case No. 10-213 - The West Seal Retail, Inc. Ed Thomas, West Oaks Mall 9401 W. colonial Drive Ste#532 Fire Inspector Sorenson Violation Cited: NFPA 1 (4.5.8) 08-11-10 NOcV Re-Inspection Date: REPEAT VIOLATION 08-11-10 SOV 08-11-10 NOH Meeting Date: 08-24-10 08-11-10 POS Regular & Certified Mail Observation: Emergency lights not working. Fire Inspector Sorenson gave a brief history of the case stating this was a repeat violator. He further stated as of August 24, 2010, the property was in compliance. Fire Department is recommending recovery of administrative cost of $492.84. OTHER BUSINESS Case No. 10-132 - Juan Carlos Munoz & Jenny D. Barahona 695 Neumann Village Court Officer Delgado Violation Cited: 165-3, 165-4, 115-3, 115-5, 115-6 05-25-10 NOCV Re-Inspection Date: 06-10-10 06-21-10 SOV 06-21-10 NOH Meeting Date: 07-27-10 06-21-10 POS Regular & Certified Mail 07-20-10 POS Posting 07-29-10 CO Given until 08-17-10 to comply or be fmed $100/per day per violatio Observation: Untaggediexpired tag, inoperable vehicle on property, misc. junk/debris on property, overgrown grass, and swimming pool with stagnate water. In compliance. Page 8 of 10 Code Enforcement Board Minutes August 24, 2010 Case No. 10-163 - Catherine M. Hall 584 Neumann Village Court Officer Delgado Violation Cited: 115-3, 115-6 06-30-10 NOcV Re-Inspection Date: 07-12-10 07-13-10 SOY 07-13-10 NOH Meeting Date: 07-27-10 07-13-10 POS Regular & Certified Mail 07-15-10 POS Posting 07-29-10 CO Given until 08-20-10 to comply or be fmed $100/per day per violation 07-29-10 POS Regular & Certified Mail Observation: Prohibited acts, misc. junk/debris on property. In compliance. Case No. 10-168 - Marshall Smith & Any/All Unknown Interested Entity 2003 Nancy Ann Terrace Officer Loeffler Violation Cited: 115-3,108-35 06-29-10 NOcV 07-15-10 SOY 07-15-10 NOH 07-15-10 POS 07-19-10 POS 07-29-10 CO Re-Inspection Date: 07-06-10 Meeting Date: 07-27-10 Regular & Certified Mail Posting Given until 08-13-10 to comply or be fmed $200/per violation per day Also authorize City to remove debris and secure structure. 07-29-10 POS Regular & Certified Mail Observation: Trash/Debris. Public Nuisance. Officer Loeffler stated this is to impose fine. Member Lowerve seconded bv Alternate Member Kellev. moved in Case No. 10-168 to imvose fine effective August 14. 2010. and to authorize abatement. Motion carried unanimous Iv. Case No. 10-169 - Robert L. Cramer Estate 1008 Wyoming Court Officer Loeffler Violation Cited: 115-5,115-3,165-3,108-35 06-17-10 NOCV Re-Inspection Date: 07-15-10 07-15-10 SOV 07-15-10 NOH Meeting Date: 07-27-10 07-15-10 POS Regular & Certified Mail 07-19-10 POS Posting 07-29-10 CO Given until 08-13-10 to comply or be fmed $200/per violation per day 07 -29-10 POS Regular & Certified Mail Observation: Overgrown grass/weeds, trash! debris, junk/abandoned vehicles, public nuisance, parking on right-of-way. Officer Loeffler stated this is to impose fine. Page 9 of 10 Code Enforcement Board Minutes August 24, 2010 Alternate Member Kellev. seconded bv Alternate Member Amev. moved in Case No. 10-169 to imvose fine effective AUflust 14. 2010. and to authorize abatement and imvose cost to the fine. Motion carried unanimous Iv. COMMENTS Member Alexander welcomed Attorney Sneed back and thanked the officers. Member Hopper commented that he feels they need to be real careful with businesses. He stated we need businesses in this area so he feels that communication is important especially with new businesses in the area. Alternate Member Kelley and Member Lowery both thanked the officers for a great job. ADJOURNMENT Meeting adjourned at 8:23 p.m. Page 10 of 10