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Home My WebLink About02-22-2011 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 22, 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 Lowery 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, Members Amey, Lowery, Osborne, Kelley and Alt. Member Scott Blynder. ALSO PRESENT: Deputy Fire Chief Butch Stanley, Code Enforcement Officers Loeffler, Delgado, Rodriguez and Siegrist, Fire Inspector Shawn Sorenson, Administrative Assistant Bridgett Ballard, Attorney Mary Sneed, and Recording Clerk Stella M'Leod. ABSENT: Vice -Chair M. Godek, Members Sais, and Hopper were absent excused. GUESTS: Deputy Building Official Dean Hall 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 January 25, 2011, Code Enforcement Board Meeting B. Dismissal or Compliance. Case Number Respondent Location of Violation 1) 10 -280 DEANNIE L. NELSON 712 BROADWAY DR. 2) 11 -011 HUBERT L. COLE 4 SUNSET KEY COURT 3) 11 -012 CRUMS CLIMATE CNTRL "AGAINST THE CNTRCTR" 4) 11 -015 FREDERICK E. SINGER 800 APRICOT DRIVE 5) 11 -024 JUDITH THOMPSON / 2428 TWISTING SWEET GUM JOHN THOMPSON WAY C. Order of Continuance Code Enforcement Board Minutes February 22, 2011 Case Number Respondent Location of Violation 1) 11 -010 CRAIG M. ZETENA 575 FINSBAY COURT 2) 11 -016 DEREK LOWE 431 FERN MEADOWS LOOP Member Lowery, seconded by Member Kelley, moved to approve the Consent Agenda as presented by city staff: Motion carried unanimously. Member Lowery, seconded by Member Kelley, moved to place cases # 11 -025, 11 -007, 11 -008 11 -009, 11 -013, 08 -094, 09 -092, 09 -012, 11 -018, and 09 -229 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 Case No. 11 -025 — Kangaroo Express, Inc. — The Pantry 1515 Wurst Road Fire Inspector Sorenson Violation (s) Cited: NFPA I (14.13.1.1), NFPA 1 (14.14.1.5.1) 02 -09 -11 NOV Re- inspection date: REPEAT VIOLATION 02 -14 -11 SOV 02 -14 -11 NOH Meeting date: 02 -22 -11 02 -14 -11 POS Reg. & certified mail Observation: Emergency lighting facilities for means of egress shall be provided. Access to exits shall be marked by approved readily visible signs in all cases. Fire Inspector Sorenson presented the case and gave its history. The property was found in compliance as of the February 16th (the date for re- inspection). Greg Ackerman, 1900 SunTrust Tower Blvd., Suite 750, spoke on behalf of the respondent. He provided the members of the board with photos. He maintained that the property came into compliance as of the 10th. Mr. Ackerman said that the respondent replaced and upgraded the lighting. Mr. Ackerman respectfully requested that the board not fine the respondent $5000. Chairman Godek said that after the last meeting, two or three days later the lights were out again. The chairman asked how that happened. Mr. Ackerman said he didn't know when the lights went Page 2 of 16 Code Enforcement Board Minutes February 22, 2011 out between January, 2010 and February, 2011. Member Amey asked what type of follow -up will be done to ensure the lights work. Mr. Ackerman asked Robert Davis, District Sales Manager of Kangaroo Express to answer the question. He said that the lighting had been upgraded and that the lights had been tested to ensure they work. Staff will be going out to check to see that the lights continue to work. Member Lowery said the respondent should have known that he was on notice. The respondent is a repeat violator. Member Lowery asked if anyone else will be checking on the matter besides Mr. Davis. Mr. Davis replied that there is only him and the store manager. Member Lowery said the respondent being a repeat makes it hard for the board to be lenient. He added that the city does have cost involved with the issue. Member Lowery asked Fire Inspector Sorenson about the amount of those costs. The inspector replied that the City's administrative costs amount to $307.84. Member Kelley asked if there is a best practice recommendation for inspection by a business of its fire equipment and how it should be done. Fire Inspector Sorenson said an inspection of the equipment should be done at least semi - annually. Member Amey asked how often the inspector does inspections. Fire Inspector Sorenson answered that staff inspects City business once per year. Member Osborne asked if Mr. Davis was an on -site manager. He said that he is the district manager over nine stores. Member Osborne asked who he would be relying on to check on the lights. Mr. Davis answered that he would be checking once per week with the store manager checking regularly. Alt. Alt. Member Blynder asked if they were discussing the exit lights or the emergency light. After giving a brief description of the power source for both type lights, Fire Inspector Sorenson said that for this case both lights were out. The lights were repaired as of his sending the notice of compliance, but they were out again when he went to inspect on February 9 Further discussion ensued. Member Lowery asked how many days the lights were out. Fire Inspector Sorenson answered that there were seven days that the lights were out, from February 9 to February 16 Chairman Godek asked the attorney what the board's options were. Attorney Sneed said that the board can weigh the evidence (from the respondent and from City staff) and determine whether to impose a fine of up to $500 /day for each day of the repeat violation if the board finds that it was a repeat violation; or the board could opt not to impose any fine, or the board could set a single amount as a fine. Member Osborne, seconded by Member Kelley, moved that in case #11 -025, the respondent be found in violation as a repeat violator as cited as of February 9, 2011, and be found in compliance as of February 16, 2011 and be fined $250 along with the City's administrative costs of 307.84. The motion carried unanimously. Page 3 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 11 -007 Crums Climate Control, Inc. c/o Brian D. Wrong "Against the Contractor" Officer Rodriguez Violation Cited: 105.4 01 -20 -11 NOV Re- inspection date: REPEAT VIOLATION 01 -20 -11 SOV 01 -20 -11 NOH Meeting date: 02 -22 -11 01 -31 -11 AOC Observation: Failure to obtain any required inspections for A/C change out, permit #0801613, issued on November 9, 2009. Officer Rodriguez presented the case and gave its history. Mr. Brian Wrong, 2955 South Mellonville Avenue, Sanford, Florida, spoke as the respondent. He told the board that he has been ill with heart problems. When he returned to work following his illness, he found out that work had been done improperly. He changed some of his staff. Member Osborne asked if this was for not pulling a permit or for not passing inspection. He answered that the customer did not call [the City] for the final inspection. He continued that he now has a procedure in place so that the final inspection is scheduled. He has made himself completely available to the City's inspectors. Chairman Godek said they have five cases against him and asked him if this is the case on all of those cases. Mr. Wrong said that this is the case in all but one of the cases. Officer Rodriguez said the permit was issued in November 5, 2009. Mr. Wrong asked if they have to get a new permit every time it expires. Officer Rodriguez answered that the City wants the permits closed which would include a final permit. Mr. Wrong said that already his business has paid two fees. Member Kelley asked for the date of violation and the date the property came into compliance. Officer Rodriguez answered January 20, 2011 was the date of the violation notification. Member Amey clarified that the job was completed but the job was not inspected. Officer Rodriguez said that it wasn't really completed because there was no final inspection. Additional discussion ensued. Member Amey asked when it came into compliance. Officer Rodriguez answered that the property came into compliance as of January 27, 2011. Member Kelley, seconded by Member Amey, made a motion that in case #11 -007 the respondent is found in repeat violation as cited as of January 20, 2011, and found in compliance as of January 27, 2011, and that no fine be assessed. The respondent is ordered to pay City's administrative costs of $253.49. The motion carried unanimously. Page 4 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 11 -008 Crums Climate Control, Inc. c/o Brian D. Wrong "Against the Contractor" Officer Delgado Violation Cited: 105.4 01 -21 -11 NOV Re- inspection: REPEAT VIOLATION 01 -21 -11 SOV 01 -21 -11 NOH Meeting Date: 2 -22 -11 02 -10 -11 POS Reg. & Certified Mail 02 -10 -11 AOC Observation: Failure to obtain any required inspections for A/C change out, permit #09011101, issued on August 8, 2009. Officer Delgado presented the case and gave its history. It is a repeat violation. The City's administrative costs total $403.45. Member Amey asked why the greater administrative cost over last case. Officer Delgado said she added attorney's fees. Member Kelley, seconded by Member Lowery, made a motion that in case #11 -008 that the respondent is found in repeat violation as of January 19, 2011 and be found in compliance as of January 24, 2011 and that no fine be assessed. The respondent is ordered to pay the City's administrative costs of $403.45. The motion carried unanimously. Case No. 11 -009 Crums Climate Control, Inc. c/o Brian D. Wrong "Against the Contractor" Officer Delgado Violation Cited: 105.4 01 -21 -11 NOV Re- inspection: REPEAT VIOLATION 01 -21 -11 SOV 01 -21 -11 NOH Meeting Date: 2 -22 -11 02 -10 -11 POS Reg. & Certified Mail 02 -10 -11 AOC Observation: Failure to obtain any required inspections for A/C change out, permit #0801612, issued on November 5, 2009. Officer Delgado presented case and gave its history. On February 8, 2011, property came into compliance. The City's cost totaled $403.45. The chairman asked if they had any questions. There were no questions. Member Osborne, seconded by Member Kelley, made a motion that in Case #11 -009 the respondent be found in violation as a repeat violator as of January 21, 2011, and that the respondent be found in compliance as of February 8, 2011, and that no fine be assessed. The respondent is ordered to pay the City's administrative costs of $403.45. The motion carried unanimously. Page 5of16 Code Enforcement Board Minutes February 22, 2011 Case No. 11 -013 Crums Climate Control, Inc. c/o Brian D. Wrong "Against the Contractor" Officer Siegrist Violation Cited: 105.4 01 -25 -11 NOV Re- inspection: REPEAT VIOLATION 01 -25 -11 SOV 01 -25 -11 NOH Meeting Date: 2 -22 -11 01 -25 -11 POS Reg. & Certified Mail Observation: Expired City permit #0901536 for A/C change out without a fmal inspection. Officer Siegrist presented the case and gave its history with exhibits. The property was reported to be in compliance on January 31, 2011. The City's costs are $403.45. Chairman asked if the board had any questions. There were no questions. Member Kelley, seconded bv Member Lowery, made a motion that in Case #11 -013 the respondent be found a repeat violation as of January 20, 2011, and in compliance as of January 31, 201,1 and that no fine be assessed. The respondent is ordered to re-pay City's administrative costs of $403.45 The motion carried unanimously. Case No. 08 -094 — Kelly Anderson, Crums Climate Control c/o Brian Wrong 701 Broadway Drive Officer Rodriguez Violation Cited: 105.4 03 -20 -08 NOCV Re- Inspection Date: 04 -07 -08 04 -07 -08 SOV 04 -07 -08 NOH Meeting Date: 04 -22 -08 04 -07 -08 POS Regular and Certified Mail 04 -11 -08 POS Posting 04 -22 -08 CO Found in violation as cited given until 45-23-08 to Comply or be fined $250.00 per day. 05 -27 -08 OIFL Crums Climate Control, Inc. 12 -18 -09 AOC 02 -22 -10 OIFL Total Due $143,500.00 01 -31 -11 RFR Meeting Date: 02 -22 -11 Observation: Failure to obtain any required fmal inspections for a mechanical change -out, permit #0602873, issued on December 21, 2006, and expired on June 19, 2007. Member Lowery, seconded bv Member Kelley, made a motion to re -hear Case #08 -094 for possible reduction of fine. The motion carried unanimously. Page 6 of 16 Code Enforcement Board Minutes February 22, 2011 Officer Rodriguez presented case and gave its history. The property was in compliance as of December 18, 2009. The respondent was fined $250 per day for re- inspection due to incomplete permit. Member Osborne asked if the work had been done satisfactorily. Officer Rodriguez said it was done, but it took 1 and 1/2 years (nineteen months). Chairman Godek asked the contractor why the board should reduce the fine. The respondent (Mr. Brian Wrong) explained that this was an extremely difficult case. His company sold the customer the air conditioner. The customer said that the house was not comfortable. Mr. Wrong tried to resolve the matter for the customer, but to no avail. The problem went on for six to nine months. The customer would set final inspections and then not be home for the date and time of the inspection. In the meantime the home was foreclosed upon and the unit stolen. Member Osborne said that this was not the first time there have been issues between the contractor and the homeowner. She asked what normally happens. Officer Rodriguez said that it has happened before. The officer said that letters are usually sent to the building department to apprise them of such events. In this case the homeowners have come to the board before and it was a `back and forth' thing. Further discussion ensued. Member Osborne asked the respondent if he contacted the City about the matter. He said he sent a certified letter to the customer (twice) and then a copy of the certified letter to the City. Member Osborne asked if he had any proof of the certified letters. Mr. Wrong said he had proof . Member Kelley asked if the City received any communication about the matter. Officer Rodriguez said that she could not remember if the Building Dept received any communication. The respondent produced an open envelope bearing certified documents with a folded letter inside. He showed the board the letter. Alt. Member Blynder asked if the final inspection for the air conditioner was delayed because of three other unrelated issues (the duct, the alarm, and the replacement of the unit). The respondent confirmed that this was true. Alt. Member Blynder asked what the time period was between the replacement of the air condition unit and its being stolen. Mr. Wrong did not know. Officer Rodriguez said that the old case came into reduction of fine based on the five new cases that came up. Attorney Sneed clarified that the board will only be making a recommendation to the commission since the lien is recorded. Only the City's commission can release the lien. The fine is $143,500, with City's cost totaling $599.22. Member Lowery, with second by Member Amey, made a motion that in Case #08 -094 the board recommend to the commission that the fine be reduced to $600. The motion carried unanimously. Page 7 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 09 -012 — Paulo Miller 844 Patriots Point Drive Officer Siegrist Violation Cited: 115 - 6,115 -5 Observation: Weed/grass growth over 10" and dirty swimming pool water. 10 -23 -08 NOV Re- inspection date: 11 -10 -08 01 -12 -09 SOV 01 -12 -09 NOH Meeting date: 01 -27 -09 01 -13 -09 POS Reg. & certified mail 01 -27 -09 OC Meeting date: 02 -24 -09 01 -28 -09 POS Reg. & certified mail 02 -11 -09 POS Posting 03 -11 -09 CO Given until 03 -23 -09 to comply or be fined $150 per day 03 -24 -09 OIFL Non - compliance 03 -24 -09 ANC 11 -02 -09 AC 11 -02 -09 OIFL Total due: $33,300.00 11 -02 -09 POS Reg. & certified mail 08 -18 -10 CLS Reg. mail — returned 10 -28 -10 FO 10 -28 -10 POS Reg. & certified mail 02 -04 -11 RF Meeting date: 02 -22 -11 Member Lowery, seconded by Member Kelley, moved that Case #09 -012 be heard for the possible reduction of fine. The motion passed unanimously. Officer Siegrist presented the case and gave its history. The fine totals $33,300. The City's costs: $600. The property remains in compliance as of this meeting. Mr. Dave Kellam, 6013 Beau Lane, Orlando, spoke on the case. Mr. Kellam, the listing agent of the bank that foreclosed on the property. The bank took possession of the property on December 23, 2010. Most of the fixtures were removed. The property is under contract. The sale of the property is to close on the 17 [of this month]. Chairman Godek asked if the board had any questions. No questions were asked. Member Lowery stated that they want to see people in the City, not run away from the City. Member Lowery, seconded by Member Kelley, moved that in Case #09 -012 the board recommend to the City Commission that the fine be reduced to $600. Motion carried unanimously. Page 8 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 11 -018 — Maggie Jones 1104 Doreen Avenue Officer Loeffler Violation Cited: 6 -4 (6)(b), 168 -4 A. (1) D Observation: Prohibited trailer storage / parking location: (flat utility trailer jet -skis front yard) Misc. junk debris, parts littering property; (tires, old furniture, etc.) Older model pick -up truck parked upon and blocking pedestrian sidewalk. 12/28/10 NOV Re- inspection Date: 01 -18 -11 02 -03 -11 SOV 02 -03 -12 NOH Meeting Date: 02 -22 -11 02 -03 -13 POS Reg. & certified mail Officer Loeffler presented the case and gave its history with exhibits (photos). The respondent was given until January 14th to come into compliance. On January 18, 2011, the property was found non- compliance. On February 3, 2011 a statement sent out to the respondent as well as being posted at the property and at City Hall. On February 10 additional complaints were received. Public Works was contacted to alleviate problem. On February 15th, Officer Loeffler noticed that property was in compliance. An affidavit of compliance was issued. On February 22nd, neighbors called stating that the property was not in compliance given a trailer sitting in front of the property. As of this date the property is in compliance. He told Ms. Jones that she has 24 hours to put the trailer on the side of the house, moving it from the driveway. No administrative costs have been incurred so far. Member Lowery asked about the clearing of the earlier violation, Officer Loeffler answered that the crew cleared up the earlier violation on their normal pick up date. Ms. Maggie Jones, 1104 Doreen Avenue, said that the neighbors call on them (the respondent) constantly. She believes she is being harassed by her neighbors. She went on to explain her side of the matter. After asking the members if they had any questions, the chairman asked the pleasure of the board. Member Amev, seconded by Alt. Member Blvnder, made a motion that in Case #11 -018 the respondent be found in violation as of January 14, 2011, and be found in compliance as of February 15, 2011, that no fine be assessed at this time. The motion carried unanimously. Page 9 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 09 -229 — Wendell Skinner 6914 Cross Cut Court Officer Rodriguez Violation Cited: 115 -5 Observation: Excessive weed or grass growth. 06 -29 -09 NOV Re- inspection Date: 07 -22 -09 07 -30 -09 SOV 07 -30 -09 NOH Meeting Date: 08 -25 -09 07 -30 -09 POS Reg. & certified mail 08 -14 -09 CO MOTION PER C.E.B. TO COMPLY BY 09 -11 -09 OR BE FINED $100.00 PER DAY FROM 07 -04 -09 09 -02 -09 POS Reg. & certified 09 -11 -09 POS 09 -28 -09 OIFL 09 -29 -09 POS Reg. & certified mail 11 -30 -09 ANC 01 -15 -10 AOC 01 -28 -10 OIFL 02 -10 -11 RFR Meeting date: 02 -22 -11 Observation: Excessive weed or grass growth. Member Kelley, seconded by Member Lowery, made a motion to re -hear Case #09 -229 for possible reduction of fine. The motion carried unanimously. Officer Rodriguez presented the case and gave its history. Ms. Anna Snyder, 711 N. Wilander Avenue, listing broker. She said that the foreclosure sale took place January 12, 2010. The property was brought into compliance within three days, she said, and has kept it that way. Chairman Godek asked if the property has been sold. Ms. Snyder replied that it has not been sold. Member Lowery, seconded by Member Kelley, made a motion in Case #09 -229 that the board recommend to the commission to reduce the fine to $895.76. The motion carried unanimously. Page 10 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 11 -005 — Anthony / Heather Faircloth 1408 Wanda Street Officer Delgado Violation Cited: 115 -3, 165- 3,165 -4 Observation: Miscellaneous junk/debris on property. Untagged/expired tag/inoperable vehicle on the property; van expired tag/inoperable. 10 -29 -10 NOV Re- inspection Date: 12 -21 -10 12 -23 -10 SOV 12 -22 -10 NOH Meeting Date: 01 -25 -11 01 -03 -11 POS Reg. & certified mail 01 -31 -11 OC Reg. & certified mail (meeting date: 02- 22 -11) Officer Delgado presented the case and gave its history. Exhibits presented (photos). The property is in non - compliance as of today. Alt. Member Blynder asked to whom the van belongs. Officer Delgado answered that the van belongs to the respondent. She gave the respondent 30 days to resolve the matter. Member Kelley, seconded by Member Lowery, made a motion that in Case #11 -005, the respondent be found in violation as of December 21, 2010, and be given until March 22, 2011 to come into compliance or be fined $100 /day per violation. The motion carried unanimously. * * * * * * * *At the request of Member Lowery, the chairman called for a five- minute recess (8:39 p.m.) * * * * * * * * * ** *Recess ends and meeting resumes (8:45 p.m.) * * * * * * * * * ** Case No. 11 -006 — Tisa M. Lott 86 Carisbrooke St. Officer Siegrist Violation Cited: 105.4 Observation: Dirty swimming pool water 12 -20 -10 NOV Re- inspection Date: 01 -11 -11 01 -18 -11 SOV 01 -18 -11 NOH Meeting Date: 01 -25 -11 01 -18 -11 POS Reg. & certified mail 01 -31 -11 OC Reg. & certified mail (meeting date: 02- 22 -11) Page 11 of 16 Code Enforcement Board Minutes February 22, 2011 Officer Siegrist presented the case and gave its history. He submitted exhibits (photos). As of February 22, 2011, the property was observed to be in compliance. Chairman Godek if there was a complaint about the property. Officer Siegrist answered that it was a complaint made by the police department. Member Kelley, seconded by Member Amey, made a motion that in Case #11 -006 the respondent be found in violation as of 1/7/2010 and February 22, 2011 and that no fine be assessed at this time. The motion carried unanimously. Case No. 11 -014— Lake Bennett Village, LLC 75% Int., Charles E. Hawthorne 25% Int. 1408 Wanda Street Officer Siegrist Violation Cited: 108 -35, 115 -3 Observation: House (with numeric 762 on front), and mother -in -law house over garage, and accessory structures in poor condition an unsecured. Also, house in line with Chicago Avenue and accessory structure, in poor /dilapidated condition. Also miscellaneous trash/debris on property. 12 -21 -10 NOV Re- inspection Date: 01 -24 -11 01 -25 -11 SOV 01 -25 -11 NOH Meeting Date: 02 -22 -11 01 -25 -11 POS Reg. & certified mail Officer Siegrist presented the case and gave its history. He presented exhibits (photos). As of February 22, 2011, the property is not compliant. Officer Siegrist is asking for abatement of the nuisance. Deputy Building Official Hall was the deputy building official on site. Chairman Godek said that the property has been non - compliant for a long time. Deputy Building Official Hall confirmed the same. Further discussion ensued. Member Lowery asked what the owner wants to do. There has been no comment from them, Officer Siegrist said. Member Lowery asked what the City wants to do. Deputy Building Official Hall said the structure is unsafe. Further discussion ensued. Member Lowery, seconded by Member Kellen, made a motion that in Case #11 -014, the respondent be found in violation as of January 21, 2011, and be given until March 11, 2011 to come into compliance or be fined $150 /day per violation; and authorize the City to abate the violation and assess the cost to the property owner. Motion carried unanimously. Page 12 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 11 -017— James H. Wymer Jr. 112 Burnt Tree Court Officer Loeffler Violation Cited: 165 -3 A. B. Observation: Untagged black passenger vehicle; front side yard. Trailer parked / stored extending past front building line. Prior notice for vehicle. 01 -10 -11 NOV Re- inspection Date: 02 -03 -11 SOV 02 -03 -11 NOH Meeting Date: 02 -22 -11 02 -03 -11 POS Reg. & certified mail Officer Loeffler presented the case and gave its history. As of February 22, 2011, the property is in compliance. Member Amey, seconded by Member Osborne, made a motion in Case #11 -017 that the respondent be found in violation as of January 25, 2011, and be found in compliance as of February 22, 2011, and that no fine be assessed at this time. Motion carried unanimously. Case No. 11 -019— Landa Gaudencio 1500 Tangerwood Court Officer Loeffler Violation Cited: 108-24 D. Observation: Miscellaneous junk, trash, rubbish, debris littering backyard; corner lot, fence section mission or open and visible from street / sidewalk. 01 -10 -11 NOV Re- inspection Date: 01/28/2011 02 -03 -11 SOV 02 -03 -11 NOH Meeting Date: 02 -22 -11 02 -03 -11 POS Reg. & certified mail Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). The property is in non - compliance as of today's date, February 22, 2011. Chairman Godek asked if anyone is living on the property. Officer Loeffler answered affirmatively.. Member Kelley, seconded by Member Osborne, made a motion that in Case #11 -019 the respondent be found in violation as of January 19, 2011 and be given until March 11, 2011 to come into compliance or be fined $100 /day per violation. The motion carried unanimously. Page 13 of 16 Code Enforcement Board Minutes February 22, 2011 Case No. 11- 020 — Jacobo's Tree Service, Inc., Benito Jacobo 531 N. Ocoee Apopka Road Officer Loeffler Violation Cited: 119 -2 Observation: Tenant business, Jacobo Tree Service, Inc., operating a business without a City of Ocoee business license tax. 01 -10 -11 NOV Re- inspection Date: 01/28/2011 02 -03 -11 SOV 02 -03 -11 NOH Meeting Date: 02 -22 -11 02 -03 -11 POS Reg. & certified mail Officer Loeffler presented the cases and gave history. Exhibits presented (photos). As of this date, no business tax receipt has been issued to the business. On February 1 the officer said that the respondent did contact the City to acquire a license but the request was rejected. Alt. Member Blynder asked if the business is still in operation and Chairman Godek asked if the trucks are still on the property. Officer Loeffler said that the business is still in operation. Member Amey asked how the City knows the business is still in operation. Office Loeffler said that the fact that the vehicles are still stored on the property and the employees come and go demonstrates that the business is still in operation. He further added that the respondent cannot get a business tax receipt because the property is not zoned for the use they are making of the property. Additional discussion ensued. Member Osborne, seconded by Member Amey, made a motion in Case #I1 -020 that the respondent(s) be found in violation as of November 20, 2010, and be given until March 18, 2010 to come into compliance or be fined $100 /per day per violation. Alt. Member Blynder asked if the fine could be higher. Member Osborne, seconded by Member Kelley, made a motion to amend the previous motion to increase the fine to $250. The motion carried unanimously. The original motion carried unanimously. Case No. 11 -023— Douglas S. Swatkowski, LLC, Douglas S. Swatkowski 531 N. Ocoee Apopka Road Officer Loeffler Violation Cited: 119 -2 Observation: Tenant business, Jacobo Tree Service, Inc., operating a business without a City of Ocoee business license tax. 11 -22 -11 NOV Re- inspection Date: 02 -01 -11 02 -07 -11 SOV 02 -07 -11 NOH Meeting Date: 02 -22 -11 02 -07 -11 POS Reg. & certified mail Page 14 of 16 Code Enforcement Board Minutes February 22, 2011 Member Kelley, seconded by Member Lowery, made a motion in Case #11 -023 that the respondent(s) be found in violation as of November 30, 2010, and that they be given until March 18, 2011 to come into compliance or be fined $250 /day per violation. The motion carried unanimously. Case No. 11 -023— Douglas S. Swatkowski, LLC, Douglas S. Swatkowski 531 N. Ocoee Apopka Road Officer Loeffler Violation Cited: 119 -2 Observation: Tenant business. Operating Construction Clean-up Services, Inc. and Central Sweeping Service, Inc. without a City of Ocoee business license tax. 11 -22 -11 NOV Re- inspection Date: 02 -01 -11 02 -07 -11 SOV 02 -07 -11 NOH Meeting Date: 02 -22 -11 02 -07 -11 POS Reg. & certified mail Officer Loeffler presented case and gave its history. Exhibits presented (photos). Member Kelley, seconded by Member Osborne, made a motion that in Case #11 -021, the respondent be found in violation as of November 30, 2010 and be given until March 18, 2011 to come into compliance or be fined $250 /day per violation. The motion carried unanimously. Case No. 11 -022— School Board of Orange County, Florida 4966 Timber Ridge Trail Officer Rodriguez Violation Cited: 108- 35,108 -23 I. M.(1) (2) Observation: Vacant house /property with broken windows and with no exterior doors; making the place unsecure and unsafe. 01 -20 -11 NOV Re- inspection Date: 02 -01 -11 02 -02 -11 SOV 02 -02 -11 NOH Meeting Date: 02 -22 -11 02 -02 -11 POS Reg. & certified mail 02 -09 -11 POS Posting Officer Rodriguez presented the case and gave its history. Exhibits presented (photos). The officer asked that the board abate the property because it is unsafe. Member Lowery, seconded by Member Osborne, made a motion that in Case #11 -022 the respondent be found in violation as cited as of January 28, 2011, and must come in to compliance as of March 18, 2011 or forfeit $150 /day per violation. The City is authorized to abate the nuisance and add the cost to the fine. The motion carried unanimously. Page 15 of 16 Code Enforcement Board Minutes February 22, 2011 OTHER BUSINESS (item moved by unanimous vote.) Case Number Respondent Location of Violation 08 -094 Kelly Anderson 701 Broadway Drive Crums Climate Control 09 -012 Paulo Miller 844 Patriots Point Drive 09 -229 Wendell Skinner 6914 Cross Cut Court COMMENTS Attorney Sneed asked about the upcoming workshop and what date would work best for everyone. She said she would email board members and ask for dates. Alt. Member Blynder — conveyed his thanks to everyone for a job well done. Member Lowery — same as above. Member Amey — same as above. Member Osborne - no comments Member Kelley — conveyed his thanks and appreciation. Chairman Godek — thanked everyone for working so hard. ADJOURNMENT Meeting adjourned at 9:34 p.m. AT T: /0 gift APP ' OVED. s • a McLeod, M.R.C. / Rec i di _ etary ' o s ert Godek, Chairman Page 16 of 16