HomeMy WebLinkAboutItem #08 Approval of Code Enforcement Reduction of Fine/Lien for David W. Driesse - 471 Little Aspen Ct. tie center of Good Lrr
co y
AGENDA ITEM COVER SHEET
Meeting Date: January 18, 2011
Item # �3
Reviewed By:
Contact Name: Deputy Chief Butch Stanley Department Director: p 1
Contact Number: 407 - 905 -3140 City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for David W. Driesse
Located at 471 Little Aspen Ct (District 1 / Commissioner Hood)
Background Summary:
On August 09, 2006 this house was observed vacant with weed /grass growth over 4 ft., large dead tree trunk,
limbs and branches in backyard and 8 ft. white fence in backyard in poor condition, with sections fallen down.
On 09- 26 -06, the Code Enforcement Board issued an order to comply by 10 -10 -06 or be fined $150.00 per day.
Issue:
On 10 -11 -06 the property was observed still in non - compliance. On 10- 12 -09, the property was observed to be
in full compliance. On 10 -14 -09 an order for fine /lien was imposed totaling $164,400.00. At the October 26,
2010 CEB mtg., the property owner stated that he never knew there was code enforcement action on this
property.
Recommendations:
Staff concurs with board decision of reduction in payment to the City in the amount of $2,500.00.
Attachments:
Financial Impact:
None
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by () N/A
2
Mayor Abe c of GO od Li , Commissioners
S. Scott Vandergrift Gary Hood, District 1
Scott Anderson, District 2
City Manager O _ , Rusty Johnson, District 3
Robert Frank - " Joel Keller, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: Butch Stanley, Deputy Fire Chief
DATE: January 18 , 2011
RE: Code Enforcement Reduction of Fine /Lien for David W. Driesse Located at 471 Little Aspen Ct.
(District 1 / Commissioner Hood)
ISSUE
On 10 -11 -06 the property was observed still in non - compliance. On 10- 12 -09, the property was observed to be
in full compliance. On 10 -14 -09 an order for fine /lien was imposed totaling $164,400.00. At the October 26,
2010 CEB mtg., the property owner stated that he never knew there was code enforcement action on this
property.
BACKGROUND/DISCUSSION
On August 09, 2006 this house was observed vacant with weed /grass growth over 4 ft., large dead tree trunk,
limbs and branches in backyard and 8 ft. white fence in backyard in poor condition, with sections fallen down.
On 09- 26 -06, the Code Enforcement Board issued an order to comply by 10 -10 -06 or be fined $150.00 per day.
RECOMMENDATION
Staff concurs with board decision of reduction in payment to the City in the amount of $2,500.00.
1
Code Enforcement Board Minutes
October 26, 2010
observance of the violation which was for 12 days.
Mr. Hassan, (inaudible), spoke about the property. He denied that the truck was there for a
month. Chairman Godek confirmed that there has been a repeat violation based on the
evidence.
Mr. Gutierrez spoke again and said that he got injured working construction and tries to do
whatever work he can. Member Hopper explained that the violation had happened more
than one time, and that it is not all about Mr. Gutierrez. The neighbors have rights also. The
board member reminded Mr. Gutierrez that as a renter, he has an obligation to the City to at
least make contact with the City.
Member Osborne, seconded by Member Hopper, moved that the respondent in case no. 10-
251 be found in violation of 165 -3 as of September 30, 2010, but in compliance as of October
11, 2010 and be assessed a fine of $50 because of the repeat violation. Motion carried
unanimously.
Chairman Godek greeted Mayor Scott. He asked to address the board about HOAs.
Mayor Vandergrift said that HOAs have become a panacea to staff to pass the buck. He
urged the board to keep in mind to assist the HOAs who assists the City in making folks
aware of the rules; they are not the end all, be all when it comes to code enforcement.
Case No. 06 -117 — David W. Driesse
471 Little Aspen Court, Ocoee
Violation Cited: 115 -5; 115 -3; 108 -23 Q
08 -10 -06 NOV Re- inspection date: 08 -28 -06
08 -30 -06 SOV
08 -30 -06 NOH Meeting date: 09 -26 -06
08 -30 -06 POS Certified mail
09 -06 -06 POS Regular mail
09 -06 -06 POS Posting
09 -26 -06 CO Given until 10 -10 -06 or pay $150 per day.
10 -11 -06 ANC
10 -24 -06 OIFL As of 10 -11 -06
10 -12 -09 AOC
10 -14 -09 OIFL Total due: $j164,400.00
10 -14 -09 POS Reg. & certified mail
09 -29 -10 OIFL Corrected copy
Observation: Weed/grass growth over 10 ". Also large dead tree limbs and branches in backyard. Also 8ft.
white fence, in backyard in poor condition..
Officer Siegrist presented the case and gave its history. This case is a continuation from the
meeting of September 28, 2010. Officer Siegrist said that there was an error in the report, but
the error was corrected.
Page 6 of 14
Code Enforcement Board Minutes
October 26, 2010
Member Hopper asked if any action needs to be taken. Attorney Sneed said that this is a
lien reduction case, so the board will be making a recommendation to the Commission.
Mr. David Driesse, 471 Little Aspen Court, said that at the last meeting he was not actually
sure if the letter was for him because it had the wrong name on it. He said that the citation he
received about a boat in his driveway was actually his neighbor's boat. He asked his neighbor
to move the boat, and the neighbor did. He is requesting a reduction in fine or a dismissal of
the violation.
Member Hopper asked if he knew what the fine was for. Mr. Driesse said he did know; it
was for a tree down in the backyard and tall grass and weeds in the yard. Member Hopper
asked if Mr. Driesse ever got a notice in 2006. Mr. Driesse said no. Member Hopper asked
staff if there was documentation about the matter. Officer Siegrist answered affirmatively.
Member Osborne asked where the notice could have gone.
Mr. Driesse said that the property is being maintained and has been brought up to code.
Member Hopper asked what the notice was for. Mr. Driesse said it was for a tree that had
fallen. Member Hopper asked if it just took him a while to clean it up.
Attorney Sneed said that Mr. Driesse received satisfactory notice but there is not proof that
he actually got it.
Mr. Driesse said that he has no idea how long he was out of compliance. Mr. Driesse said
that he has spent an awful lot of money bringing the property into compliance.
Member Hopper said that he was really trying to help Mr. Driesse out, and that he needed
Mr. Driesse to tell them that he made contact with the City about the matter. Mr. Driesse said
that if he knows he needs to correct something, he does so right away.
Alt. Member Kelley asked how Mr. Driesse found out that the tree was in his backyard, and
when did he know it. Mr. Driesse replied that he is sure that the tree came down during the
storm, but he does not know the date. Alt. Member Kelley continued that Mr. Driesse had
said that he hired a group of men to help clean up the property. Alt. Member Kelley asked
Mr. Driesse when he hired those people. Mr. Driesse could not give a specific date.
Member Alexander asked if he notified the city once the problem was corrected. Mr.
Driesse replied that he did not.
Vice Chair Godek asked if he mentioned before that people were hired to cut the tree down.
The vice chair expressed doubt that this fact just slipped Mr. Driesse's mind. Mr. Driesse said
that he mentioned the matter in his letter to Deputy Fire Chief Butch Stanley.
Page 7 of 14
Code Enforcement Board Minutes
October 26, 2010
Alt. Member Kelley said that Mr. Driesse said that he borrowed money to pay someone to
clean it up. The member asked when that was. Mr. Driesse said he would have to check his
bank records.
A motion was made. Discussion ensued as follows: Member Hopper said that he thinks that
Mr. Driesse has done a good job cleaning up the property. Vice -Chair M. Godek said that he
felt the same way, it is just a matter of how they got here with the matter.
Member Hopper advised Mr. Driesse to attend the commission meeting when this matter
comes before the commission.
Member Hopper, seconded by Member Osborne, moved in case no. 06 -117 that the board
recommend to the Commission that the fine be reduced to $2, 500. The motion carried
unanimously.
(Member Lowery stepped out 8:17 p.m.)
Case No. 08 -121— Juan T. Patino and Yadira Vasquez
2000 Lauren Beth Avenue Officer T. Rodriguez
Violation Cited: 105.4, 54 -128
04 -30 -08 NOCV Re- inspection date: 5 -15 -08
06 -03 -08 SOV
06 -03 -08 NOH Meeting date: 6 -24 -08
06 -03 -08 POS Reg. & certified mail
06 -11 -08 POS Posting
07 -02 -08 POS Reg. & certified mail
07 -10 -08 POS Posting
07 -22 -08 CO In v/ as cited on 5 -14 -08 and given until 8 -15 -08 to comply or be fined
$100 /day
08 -16 -08 ANC
08 -26 -08 OIFL Recorded
10 -13 -09 ANC
12 -14 -09 ANC
Observation: Failure to obtain any required final inspections for an additional garage, permit #0602442, issued
on October 16, 2006 expired on April 14, 2007 and $50.00 due for re- inspection fee.
Vice Chair M. Godek, seconded by Member Alexander, moved to re -hear case no. 08 -121
regarding a reduction of fine. The motion carried unanimously with Member Lowery away
from the dais.
Office Siegrist presented the case and gave its history. Attorney Sneed clarified that the
compliance was as of September 23, 2010.
Ms. Evelyn Pilchick, a real estate agent representing the listed property at 2000 Lauren Beth
Avenue, said that this is a property that was foreclosed upon. She met with Officer Bob Frost
to find out what needed to be done to bring the property into compliance by September 23rd.
Page 8 of 14