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HomeMy WebLinkAbout01-25-2011 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JANUARY 25, 2011 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 Alt. Member Blynder led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice -Chair Mike Godek, Members Hopper, Lowery, Osborne, Kelley and Alt. Member Scott Blynder. ALSO PRESENT: Code Enforcement Officer Loeffler, Fire Inspector Shawn Sorenson, Administrative Assistant Ballard, Attorney Mary Sneed, and Recording Clerk Stella M ABSENT: Member Sais and Alternate Member Amey 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 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, 2010, Code Enforcement Board Meeting B. Dismissal or Compliance. Case Number Respondent Location of Violation 1) 10 -081 Maggie Jones 1104 Doreen Avenue 2) 10 -308 Donald C. Lombardi 2007 Shari Lynn Terrace Cecilia Lombardi 3) 10 -309 Faris M. Crews 1013 Sarah Lee Lane 4) 10 -310 Dana Peck 1108 Bellini Avenue Code Enforcement Board Minutes January 25, 2011 C. Order of Continuance Case Number Respondent Location of Violation 1) 10 -280 Deannie Nelson 712 Broadway Drive 2) 11 -005 • Anthony Faircloth 1408 Wanda Street Heather Faircloth 3) 11 -006 Tisa M. Lott 86 Carisbrooke Street Vice -Chair M. Godek, seconded by Member Lowery, moved to approve the Consent Agenda as presented by city staff Motion carried unanimously. Vice Chair M. Godek, seconded by Member Hopper, moved to place case # 09 -064F at the top of the agenda and then revert back to the agenda. Motion carried unanimously. 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 Member Hopper, seconded by Member Lowery, moved to re -hear case #09 -064F for the purpose of a possible fine reduction. The motion carried unanimously. Case No. 09 -064 — Sprint Foods (The Pantry, Inc.) 1515 Wurst Road Fire Inspector Sorenson Violation (s) Cited: NFPA I (11.1.2) 101(7.10.5.2.1),1 (14.13.1.1), 101 (7.1.10.1), 1 (13.6.3.3) 02 -10 -09 NOV Re- inspection date: 3 -18 -09 03 -20 -09 SOV 03 -20 -09 NOH Meeting date: 4 -28 -09 03 -20 -09 POS Reg. & certified mail 4 -28 -09 CO Found in violation as cited NFPA 1(11.1.2), 101 (7.10.5.2.1), 1 (14.13.1.1) And given until 5 -22 -09 to comply or be fined $150.00 per day. 05 -04 -09 POS Certified mail 05 -20 -09 NOC Received Page 2 of 8 Code Enforcement Board Minutes January 25, 2011 05 -26 -09 ANC 05- 26 -09' OIF As of 5 -23 -09 - $150.00 per day 06 -02 -09 POS Certified mail 01 -26 -10 AOC 01 -27 -10 OIFL Total: $37,200.00 08 -17 -10 CLS Reg. mail — no response 10 -28 -10 FO 10 -28 -10 POS Reg. & certified mail 11 -08 -10 RFR Reg. & certified mail Observation: Access to electrical panel not maintained; electrical panel covers not provided; exit lights not working; emergency lights not working; exit ways /doors are blocked/obstructed; fire extinguishers missing around fueling area. Fire Inspector Sorenson stated that he was present and ready to hear the case for reduction. Chairman Godek clarified the expenses for the case which totaled $37,200 (248 days x $150.00 per day). Chairman Godek asked the officer to share the violation with the board. Officer Sorenson answered that the emergency lights were not working. Member Hopper asked if they respondent was in compliance. Fire Inspector Sorenson replied that the respondent is in compliance as of January 26, 2010. Member Osborne asked what date the fine started. Officer Sorenson replied that the date is May 18, 2009. Attorney Mary Sneed said that the compliance order gave the respondent until May 22, 2009. Mr. Greg Ackerman, the respondent's attorney, spoke about the case on behalf of the respondent. He provided the board with two affidavits from Mr. Robert Amos, district manager for The Pantry, and Cindy Ramos, director for The Pantry. Mr. Ackerman said that May 22, 2009 was the compliance date to correct certain fire code violations. He stated that the respondents had done their best to correct the violations. On May 22, 2009, Officer Sorenson only found one violation. On May 30 the remaining violation was corrected. He referred the board to see the affidavit of Mr. Ramos. Mr. Ackerman stated that the accumulation of fines ceases on the date of compliance. He continued that he did not know why there was no re- inspection following the 30 of May. Member Hopper said he could understand the respondent's position better if the respondent had contacted the City that the violation was corrected. But he did not believe it was the intent of the ordinance that anyone could simply say they were in compliance without bringing the matter back to the City so that a re- inspection could be done. Vice - Chair Mike Godek said that the document presented was just a piece of paper and there was no proof that the work had been done. The vice - chairman continued that there was no photo submitted showing the illumination of the repaired light in addition to the respondent not having contacted the City to say that the work had been completed. Member Hopper added that this was not to say that the board does not want good businesses in the community. The board simply wants the violation to be corrected. He said that had the respondent notified Fire Inspector Sorenson about the repair, there would not have been a problem. Page 3 of 8 Code Enforcement Board Minutes January 25, 2011 Member Osborne asked Fire Inspector Sorenson if he ever went back to see if the violation had been corrected. Officer Sorenson said that he did visit the property earlier last year, but the onus was on the respondent to contact him and let him know the problem had been corrected. Member Hopper asked what the City had invested in the case. Fire Inspector Sorenson answered that the amount that the City has spent is $967.26. Chairman Godek asked if it was true that everything was in compliance except the lights. Fire Inspector Sorenson answered affirmatively. Member Osborne asked if when Fire Inspector Sorenson went back on May 22n they probably would have been working on this one as well. Fire Inspector Sorenson said that he was not sure. Chairman Godek asked if the officer got called to re- inspect or if he just went out to the property on his own. Fire Inspector Sorenson said that he went to check on the property by order of the board, but the respondent did not call. Mr. Ackerman stated that the respondent did contact the City by letter that the violation had been corrected. Member Osborne clarified that Fire Inspector Sorenson went to the property on May 26th to re- inspect. Further discussion ensued. Member Lowery said that the respondent had contacted the City on May 20 He asked why the respondent did not follow the same action for notification on the 20 Mr. Ackerman said that he did not know. Member Hopper said that the matter is about compliance and that the respondent is in compliance so they should move on. Member Hopper, seconded by Member Osborne, moved that in case #09 -024F the board recommends to the commission that the fine be reduced to $2,162.26. During the discussion phase, Member Osborne pointed out a correction that needed to be made in to the amount of the recommendation for reduction. Member Hopper, seconded by Member Osborne, moved to amend his motion by changing the recommended fine reduction to $2,167.26. The motion carried unanimously. Member Hopper, seconded by Member Osborne, moved that in case #09 -024F the board recommends the fine be reduced to $2,167.26. The motion carried. Chairman Godek told the respondent and his representative to be aware that the boards action was only a recommendation to the commission and that the respondent would need to attend the commission meeting to know the final outcome of the request for the reduction of the fine. Page 4 of 8 Code Enforcement Board Minutes January 25, 2011 Case No. 11 - 001 Roseann / Arthur Vidal 201 Olympus Drive Officer Loeffler Violation Cited: 108 -35, 115 -6, 108 -42 11 -11 -10 NOC Re- inspection date: 01 -10 -11 SOV 01 -10 -11 POS Reg. & certified mail Observation: Active, dangerous condition/public safety nuisance; open, unsecured access to a green water unsanitary swimming pool. Screen enclosure barrier missing one panel, door missing two -way panes. Officer Loeffler presented the case and gave its history. He presented exhibits (including photos). The contractor has brought the property into compliance. Officer Loeffler is requesting reimbursement to the contractor who made the repairs and to the City for its expenses. The officer submitted the exhibit which itemized the expenses. Member Lowery asked about the date of compliance. Officer Loeffler said it is November 11, 2010. Member Hopper clarified that this is a violation that was corrected by the City. Officer Loeffler agreed. Vice - Chair M. Godek, seconded by Member Kelley, made a motion that the respondent be found in violation as of November 11, 2010 for a public safety /public nuisance violation and be found in compliance that same day: additionally, that no fine be assessed at this time but that the respondents be assessed payment for the City's administrative cost of $380.98. The motion carried unanimously. Case No. 11 -003 Dana Peck 1108 Belini Lane Officer Loeffler Violation Cited: 108 -35, 115 -3, 108 -42 09 -20 -10 NOV Re- inspection: REPEAT VIOLATION 11 -10 -10 SOV 11 -10 -10 NOH Meeting Date: 01 -25 -11 11 -10 -10 POS Reg. & Certified Mail Observation: Vacant, unsecured structure; public nuisance: open access to in ground swimming pool; damaged, open fence; unsecured/open front door; missing side personnel door; missing front window. Officer Loeffler presented the case and gave its history. The officer presented exhibits (photos). He requested recovery of the City's cost and contractor's costs. Total cost: $925.98. Chairman Godek asked what day the repairs were done. Officer Loeffler answered that the problem was corrected the same day. Chairman Godek asked if anyone was there to speak on the matter. Mr. Dana Peck, 1103 Bellini Lane, said that he has been unemployed for 3 years. He was out of town during the time that much of this was going on. Mr. Peck said considering the Page 5 of 8 Code Enforcement Board Minutes January 25, 2011 condition of the house, he may have to abandon it. The house has been burglarized. It is fenced, but the doors on the pool have been stolen. Mr. Peck said that he has no funds to do anything at this time, but his goal is to restore the home to good condition. Member Hopper asked if anyone has been living there. Mr. Peck answered no. Member Osborne asked up until what time was Mr. Peck living in the house. Mr. Peck answered that he was living there up until December 20th. He said that he was sorry. Member Hopper motioned that the board postpone further proceedings until the violation have been corrected. He proposed 3 months. Vice - Chair M. Godek said he would do a second if the respondent can make the corrections Member Hopper withdrew his motion and Vice - chairman Godek seconded that action. Vice -Chair M. Godek, seconded by Member Kelley, made a motion that in case #11 -003 that respondents be found in violation as of December 20, 2010, and be found in compliance as of December 20, 2010 due to the Citv's abatement of the public nuisance; and that no fine assessed at this time, but the respondent be ordered to pay $ 925.98 for the City's costs. During the discussion phase of the motion, Member Hopper said that he does not think that the City is going to get that money. The board should go for the contractor's cost of $285, he suggested. Case No. 10 -081— Maggie Jones 1104 Doreen Avenue Officer Siegrist for Officer Rodriguez Violation Cited: 51 -13 04 -14 -10 NOV Re- inspection date: 05 -03 -10 05 -06 -10 SOV 05 -06 -10 NOH Meeting Date: 05 -25 -10 05 -06 -10 POS Reg. & Certified Mail 05 -13 -10 POS 05 -27 -10 OContin. Extension until 08 -24 -2010 05 -27 -10 POS Reg. & cert. mail 08 -24 -10 CO Extension 10 -15 -2010 10 -19 -10 ANC 10 -26 -10 CO Found in violation as of 10- 15 -10. Comply by 11 -13 -10 or fine of $100.00 per day until compliance. 11 -16 -10 ANC 11 -23 -10 OC Extension until 10 -10 -10 to comply. 11 -29 -10 AOC Observation: Obtain required permits. Chairman Godek asked if 10 -081 was in compliance. He was told that it was in compliance; Page 6 of 8 Code Enforcement Board Minutes January 25, 2011 hence, he began to move to the next case. Vice -Chair M. Godek said that he had questions regarding this current case. He noted that the affidavit of compliance was dated November 1, 2010, but the compliance date was November 13, 2010. He questioned the discrepancy. Officer Loeffler had the case file and said that the City's expenses were $336.91, not including the cost of the violation which totaled $1500 ($100 /per day x 15 days). Discussion ensued about the board's options regarding the fine. Officer Loeffler read the case notes whereby Officer Rodriguez said that respondent Ms. Jones said that she could not come to the last meeting because she was working. Vice chairman Mike Godek, seconded by Member Lowery, made a motion that in case #10- 081 a fine of $500 is imposed. The motion carried by majority vote (roll -call) with one dissenting vote (Member Hopper). OTHER BUSINESS (item moved by unanimous vote.) Case Number Respondent Location of Violation 09 -064F Sprint Foods (The Pantry, Inc.) 1515 Wurst Road COMMENTS Attorney Mary Sneed — no comments. Deputy Chief Butch Stanley said that the board's legal counsel thinks the board should have a workshop regarding upcoming legislation. He asked that the board have a date by next meeting. It will be a two -hour workshop. Member Osborne — Thanked the officers for their continued efforts and she thinks the workshop is a good idea. Member Hopper — Said good job good to Officer Sorenson for letting the public know that the onus is on the respondents to contact the city and he said that the workshop is a good idea. Member Lowery - Welcomed everyone back this year. Member Blynder — no comment. Member Kelley — Offered his thanks to everyone for a great job and wished everyone a happy new year Vice -Chair M. Godek — Great job, everyone, and keep up the good work. Page 7 of 8 Code Enforcement Board Minutes January 25, 2011 Chairman Godek — Said good -bye to Carolyn and welcomed the board's newest member — Scott Blynder. He extended his thanks to the officers for doing a great job. ADJOURNMENT Meeting adjourned at 7:54 p.m. Att st; °) APPR • D, • r �i la McLeod, M.R.C. / ' eco :'ifig Secretary Robert Godek, Chairman Page 8 of 8