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Home My WebLink About05-24-2011 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MAY 24, 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 Member Lowery led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Hopper, Kelley, Lowery, and Osborne. Also present were Code Enforcement Officers Delgado, Loeffler, Rodriguez, Siegrist, Senior Administrative Assistant Hall, Fire Inspector Sorenson, Administrative Assistant Ballard, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Vice Chair M. Godek, Members Amey and Alternate Members Blynder and 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 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 April 26, 2011, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 11 -027, 11 -060, 11 -076, 11 -081, 11 -082, 11- 084,11 -086, 11 -087, 11 -088, 11 -089, 11 -091, 11 -092, 11 -093, 11 -095, 11 -100, 11 -101, 11 -103 were transferred to consent) Case Number Respondent Location of Violation 1. 11 -076 RAY HARPER TRUST AGREEMENT 118 SANDY KEY COURT 2. 11 -081 ALFRED R NIELSEN 716 KELLYS COVE DANA L NIELSEN 3. 11 -082 SHAUN P CANTU 410 E LAKESHORE DRIVE JAMIE CANTU ;e# Code Enforcement Board Minutes May 24, 2011 4. 11 -086 THOMAS C WIGGINS 706 BROADWAY DRIVE CHERIE M BRASSART 5. 11 -092 JERRY G BOETTCHER 1406 WANDA STREET MARCELLA E BOETTCHER 6. 11 -093 EFFIE M MOORE 1403 SAMANTHA STREET 7. 11 -103 GATORSUBS ORLANDO, LLC 10968 W COLONIAL DRIVE VILLAGE MARKETPLACE INVESTORS, LTD C. Order of Continuance (September 28, 2010, Meeting). Case Number Respondent Location of Violation 11 -079 DEAN HARPER INC. 167 SILVER STAR ROAD D. Reduction of Fine Case Number Respondent Location of Violation 11 -079 DEAN HARPER INC. 167 SILVER STAR ROAD Member Lowery, seconded by Alternate Member Kellen, moved to approve the Consent Agenda as presented by city staff. Motion carried unanimously. Member Hopper, seconded by Member Lowery, moved to hear the cases in the following order: Case Nos. 11 -090 and 10 -059; then revert back to the agenda. The 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. Page 2 of 11 Code Enforcement Board Minutes May 24, 2011 HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 11 -090 — Virginia Bowen 204 Rewis Street Officer Loeffler Violation Cited: 108-24D, 115-3A, B, C; 108 -19B, 108 -22 03 -15 -11 NOCV Re- Inspection Date: 04 -11 -11 05 -05 -11 SOV 05 -05 -11 NOH Meeting Date: 05 -24 -11 05 -05 -11 DOCS SENT BY Regular and Certified Mail Observation: Junk, trash, debris littering entire property and under rear porch canopy. Overgrown / tall weeds and grass. Occupancy of storage -shed at rear of property. Electrical cord exiting house and powering occupied shed. Wastewater draining onto ground not connected to septic system. Officer Loeffler gave a brief history of the case and further stated, as of today, the property is in compliance. Mr. Charleston Bowen, 204 Rewis Street, stated he has taken care of everything and it is in compliance. Mr. Eddie Bowen (brother of Mr. Charleston Bowen), 23737 N.W. (inaudible) Avenue in Dunnellon, FL, stated that if the tenants cannot keep the property up to code, then he will have to evict the tenants. Chairman Godek advised should the property be found in violation for the same reason again, it would be a repeat violation and a fine would apply. Member Hopper, seconded by Member Lowery, moved that in Case No. 11 -079 the respondent be found in violation as of March 21 2011, but in compliance as of May 24, 2011, and that no fine be assessed at this time. The motion carried by unanimous vote. Case No. 10 -059 — William H. Winseman III 2702 Coventry Lane Officer Rodriguez Violation Cited: 115-5 03 -24 -10 NOV Re- Inspection Date: 04 -12 -10 04 -13 -10 SOV 04 -13 -10 NOH Meeting Date: 04 -27 -10 04 -13 -10 POS Registered & Certified Mail 04 -15 -10 POS Posting 04 -28 -10 OC Pursuant to the C.E.B.: Found in violation of 115 -5 as of 04- 09 -10. Given until 05 -14 -10 to comply or be fined $100 /per day 04 -28 -10 POS Registered & Certified Mail 05 -17 -10 ANC 05 -26 -10 OIFL 05 -27 -10 POS Certified mail 07 -27 -10 ANC 09 -27 -10 AC 09 -28 -10 OIFL Total dues: $13, 600.00 09 -28 -10 POS Registered and certified mail. Observation: Excessive weed/grass growth. Page 3 of 11 Code Enforcement Board Minutes May 24, 2011 Member Hopper, seconded by Member Kelley, moved that the board re -hear Case No. 10- 059 for possible recommendation of reduction of fine. The motion carried unanimously. Officer Rodriguez stated that this case was presented on April 27th of last year for overgrown grass. The property came into compliance as of September 2010. The total fine to date is $13,600 plus $429.38 for the City's cost. Judy Huff, Watson Realty, stated she represents the respondent, and the code violation was brought to her attention yesterday when the title was pulled. They have a true short sale pending and will be ready to close in June. The respondent had a son who passed away suddenly which caused him to be placed into rehabilitation facility. The respondent will not be returning to this area. Ms. Huff asked that the board recommend a reduction of fine so that the property can be sold and be maintained and add to the neighborhood. Member Hopper inquired where Coventry was at. Member Osborne inquired as to what the sale of the house was. Ms. Huff stated she could not disclose the amount, but it is under $75,000. Chairman Godek reminded Ms. Huff that the board can only make a recommendation, and that she will still have to go before the City Commission. Member Hopper, seconded by Member Osborne, moved that in Case #10 -059 the board recommends to the commission that the fine be reduced to $4, 029.38. The motion carried 3 -2 with Chairman Godek and Member Lowery opposing. Case No. 11 -067 — BAC Home Loans Servicing, LLP / Michael M. HendeIeh 2446 Leaning Pine Street Officer Rodriguez Violation Cited: 115-5 03 -17 -11 NOV Re- Inspection Date: 04 -04 -11 04 -06 -11 SOV 04 -06 -11 NOH Meeting Date: 04 -26 -11 04 -06 -11 POS Registered & Certified Mail 04 -19 -11 PNBP 04 -26 -11 OC Meeting date 04/24/11 05 -12 -11 PNBP Observation: Overgrown grass or weeds. Officer Rodriguez gave a brief history of the case and stated that as of today, the property is in compliance. Member Lowery, seconded by Member Kellen, moved that the respondent be found in violation as cited as of April 1, 2011, but in compliance as of May 24 2011, and that no fine be assessed. The motion carries unanimously. Page 4 of 11 Code Enforcement Board Minutes May 24, 2011 Case No. 11 -080 — Juan Carlos Munoz / Jenny D. Barahona 695 Neumann Village Court Officer Delgado Violation Cited: 165-3 A, B 04 -18 -11 NOV Re- Inspection Date: REPEAT VIOLATION 04 -21 -11 SOV 04 -21 -11 NOH Meeting Date: 05 -24 -11 04 -21 -11 POS Regular & Certified Mail 05 -13 -11 PNBP Observation: Overgrown grass or weeds. Nissan Ultima (black) untagged / inoperable vehicle on the property. Officer Delgado gave a brief history of the case with exhibits and stated this is a repeat violation. As of May 13, 2011, the property was in compliance. The City has administrative costs of $397.90. Member Hopper asked Officer Delgado if this was a violation for having a basketball hoop. The officer answered one can have a basketball hoop, but it cannot be placed in the right -of- way. Member Hopper asked the maximum amount of a fine that the City could give. Attorney Sneed answered $500 per day. Member Kelley asked if there was a reason the respondent was not cited for other violations. Officer Delgado said no; she visited the property and looked for the property on the county property appraiser's web site. The site showed a vehicle on the property without a tag. Further discussion ensued. Member Lowery, seconded by Member Osborne, moved that in Case No. 11 -080 the respondent be found in violation as cited as of March 30, 2011, and in compliance as of May 13, 2011, and no fine be assessed; however, the respondents are to pay the administrative cost of $397.90. The motion carried 3 -2 with Members Kelley and Hopper opposing. Case No. 11 -083 — Southco, Inc. 55 W. Circle Key Drive Officer Loeffler Violation Cited: 51-13, 108-23B, Q, 108-24D, 165-3A 03 -24 -11 NOV Re- Inspection Date: - 04- 12 -11, 04- 19 -11, 04 -29 -11 05 -05 -11 SOV 05 -05 -11 NOH Meeting Date: 05 -24 -11 05 -05 -11 Docs sent by Registered and Certified Mail Observation: (Bldg. Inspector Tisha Leudtke: 407 - 905 -3100, ext. 3104) Shed — no permit FBC 105.1; 5' separation of structures not met 2010 LDC 5 -6B. (Code Enforcement Officer Edward Loeffler: 407 - 905 -31 - -, ext. 1008) Damaged, dilapidated skirting, construction equipment stored along side of structure; debris littering property; fencing bent, damaged, dilapidated. Junk / inoperable vehicle (van) in rear yard. Officer Loeffler gave a brief history with exhibits and stated that as of today the property is in compliance with the exception of 108 -24D and 108 -23B. Page 5 of 11 Code Enforcement Board Minutes May 24, 2011 Member Kellen, seconded by Member Hopper, moved that in Case No. 11 -083 the respondent be found in violation as cited as of April 7, 2011, that the respondent is in compliance with 51 -13, 108 -23Q, and 165 -3A as of May 24, 2011, and that the respondent be given until June 7, 2011 to comply with 108 -23B and 108 -24D or be fined $100 per day, per violation. The motion carried unanimously. Case No. 11 -085 — Silver Star Learning Center, Inc., Peasah Augustina 253 Ocoee Apopka Road Officer Siegrist Violation Cited: 108 - 35,108 -33 A (1) 04 -12 -11 NOV Re- Inspection Date: 04 -28 -11 05 -03 -11 SOV 05 -03 -11 NOH Meeting Date: 05 -24 -11 05 -03 -11 Docs sent by Regular & Certified Mail 05 -13 -11 DNBP Observation: Building with roof in poor condition, falling down, missing sections. Also, unsecured building, large, broken storefront window. Officer Siegrist gave a brief history of the case providing exhibits (including photos) and stated that as of today, the property is in non - compliance. The City is seeking cost recovery of $600 for securing the building. A roof permit has been pulled. Member Hopper inquired if this is something that would be considered demolition - worthy. Officer Siegrist stated that would be up to the Building Department to make that call. Further discussion ensued. Member Lowery asked if the respondent gave any indication when the project would be finished. Officer responded `no'. Chairman Godek asked if the respondent should be found in compliance on the work that was completed by the City. Attorney Sneed said that the only testimony the board has from the officer is that he noticed them on 108 -35. Member Kelley, seconded by Member Hopper, moved that the respondent be found in violation as cited as of April 25, 2011, and be given until June 14, 2011, to comply or be fined $250 /per day, and that the respondent pay the City's cost of $600.00. The motion carried unanimously. Member Hopper, seconded by Member Kellen, moved that Case #11 -071 be heard next, and then revert back to the order of the agenda. The motion carried unanimously. Page 6 of 11 Code Enforcement Board Minutes May 24, 2011 Case No. 11 -071— Maggie Jones 1104 Doreen Avenue Officer Loeffler Violation Cited: 165- 2,165 -3 A, B, 165-7, 165-9 03 -03 -11 NOV Re- Inspection Date 03 -21 -11 04 -11 -11 SOV 04 -11 -11 NOH Meeting Date: 04 -26 -11 04 -11 -11 POS Registered & Certified Mail 04 -26 -11 CO Found m violation of 165 -3A, B as of 03- 18 -11. To comply by 05 -24 -11 or fine of $50.00 per day until violation corrected. Observation: Inoperable vehicle / expired tag. Vehicle parked / stored m front driveway (light blue Ford, flat tires.) Officer Loeffler stated he met with Ms. Maggie (King) Jones and the vehicle has air in the tires. She is awaiting the vehicle tag. Ms. King stated that she is requesting an extension so she can turn in the paperwork that is required to get a Florida tag. She notified her dad three weeks ago, and since then her great - grandmother has been in the hospital this is not a pressing issue at the moment. Member Hopper asked if Ms. King was saying that Georgia does not have tags. Ms. King stated that it is a 1977 truck and the requirements are different. Member Osborne stated that Ms. King mentioned in her last testimony that she was in the process of taking care of this, yet it still has not been resolved. Member Osborne stated it seems that Ms. King is in here a lot about parking issues and things are not getting resolved. Member Lowery inquired if any timeline was given to her by her father as to when the matter can be resolved. Ms. King stated that her father stated he was going to Georgia tomorrow and would overnight the tag to her. Member Osborne made a motion to impose fine. No one moved to second the motion, hence, the motion died due to the lack of a second. Member Hopper, seconded by Member Lowery, moved that in Case #11 -071, the compliance date be extended to May 31, 2011. The motion carried by unanimous vote. Page 7 of 11 Code Enforcement Board Minutes May 24, 2011 Case No. 11 -096 — Richard D. Smilie, TR 3316 Atmore Terrace Officer Siegrist Violation Cited: 165 -3 04 -21 -11 NOV Re- Inspection Date 05 -09 -11 05 -11 -11 SOV 05 -11 -11 NOH Meeting Date: 05 -24 -11 05 -11 -11 ADSB Registered & Certified Mail 05 -12 -11 PNBP Observation: One (1) orange GMC Sierra, tag # L76 -4WW, exp. 07- 11 -11, parked on the front driveway with flat tire. Officer Siegrist gave a brief history of the case providing exhibits and stated that the property is in compliance as of today. Member Lowery, seconded bv Member Hopper, moved that in Case #11 -096 the respondent be found in violation as cited as of May 6, 2011, and in compliance as of May 24, 2011, and that no fine be assessed. The motion carried by unanimous vote. Member Hopper asked Officer Siegrist for the name of the owner given that the name on the docket is that of a trust of the deceased. Officer Siegrist answered that he did not know. He said that he received a phone call from someone saying that he resided at the residence. The person asked what he needed to do to comply. Officer Siegrist told him what needed to be done and the person complied. Case No. 11 -097 — Peasah Augustina 241 Ocoee Apopka Road Officer Delgado Violation Cited: 115 -3 04 -29 -11 NOV Re- Inspection Date 05 -10 -11 05 -11 -11 SOV 05 -11 -11 NOH Meeting Date: 05 -24 -11 05 -11 -11 ADSB Registered & Certified Mail 05 -13 -11 PNBP Observation: Miscellaneous junk / debris on back of property. Officer Delgado gave a brief history of the case providing exhibits and stated that, as of today, the property is in compliance. Member Osborne, seconded bv Member Lowery, moved that in Case #11 -097, the respondent is found in violation as cited as of May 9, 2011, and in compliance as of May 24, 2011 and no fine be assessed. The motion carried unanimously. Page 8 of 11 Code Enforcement Board Minutes May 24, 2011 Case No. 11 - 102 — Stanley Brown / Annette Brown 2418 Quiet Waters Loop Officer Delgado Violation Cited: 115-6 A, B 04 -15 -11 NOV Re- Inspection Date 05 -11 -11 05 -12 -11 SOV 05 -12 -11 NOH Meeting Date: 05 -24 -11 05 -12 -11 ADSB Registered & Certified Mail 05 -13 -11 PNBP Observation: Overgrown grass / weeds on lot. Unsafe and unsanitary swimming pool; dirty and green screen enclosure broken. Officer Delgado gave a brief history of the case providing exhibits and stated as of today the property is in compliance. Member Lowery, seconded by Member Kelley, moved that in case #11 -102 that the respondent be found in violation as cited as of May 11, 2011, and in compliance as of May 24, 2011 and no fine be assessed The motion carried unanimously. OTHER BUSINESS Case No 11 -057 — Maguire Shoppes, LLC c/o Frank Sanderlin 2867 Maguire Road Officer Siegrist Violation Cited: 105.4 03 -03 -11 NOV Re- Inspection Date 03 -14 -11 03 -22 -11 SOV 03 -22 -11 NOH Meeting Date: 04 -26 -11 03 -22 -11 POS Registered & Certified Mail 04 -26 -11 CO Found in violation as of 03 -11 -11 to comply by 05 -09 -11 or fine of $200.00 per day until complied. 05 -10 -11 ANC Observation: Expired City permit #0900380 for 1200 amp service reefed 4 suites Belmere without a final inspection. Officer Siegrist stated this is in compliance as of May 19 hence, they were in non - '' compliance for nine days. Member Hopper, seconded by Member Lowery, moved that in case #11 -057 the respondent be found in compliance as of May 19, 2011 and that no fine be assessed The motion carried unanimously. Page 9 of 11 Code Enforcement Board Minutes May 24, 2011 Case No. 11 -059 — A & D Ocoee Plaza, Inc. / Jose Aybar / Lisandro Diaz 100 W. Silver Star Road Inspector Sorenson (for Inspector Dingman) Violation (s) Cited: NFPA 1 (13.1.7.), NFPA 1 (4.5.8), NFPA 1 (13.3.3.3) 03 -11 -11 NOV Re- inspection 03 -22 -11 03 -23 -11 SOV 03 -23 -11 NOH Meeting date: 04 -26 -11 03 -23 -11 POS Registered & certified mail 04 -26 -11 CO Found in violation as of 03 -21 -11 of codes: NFPA1 13.1.7, NFPA1 4.5.8, and to comply by 05- 13 -11or fine of $100.00 per day, per violation. NFP1 13.3.3.3 noted as being in compliance as of 04- 26 -11. Observation: Fire alarm in trouble; fire alarm out of inspection date; fire sprinkler in red tagged and needs repair. Missing ceiling tiles. Fire Inspector Sorenson stated as of today the respondent is in partial compliance. Still in violation of NFPA1(13.1.7) and NFPA 1 (4.5.8). Chairman Godek inquired if they gave any indication of when they may be in compliance. Inspector Sorenson stated that Dan Dingman is the inspector and Inspector Dingman has not received any further response from the respondent. Member Hopper, seconded by Member Kelley, moved that in case #11 -059 a fine be imposed for NFPA 1 '13.1. and NFPA 1 (4.5.8) as of May 14, 2011. The motion carried unanimously. Case No. 11 -064 — Robert T. / Sandra L. Watson, Casa Vazquez 562 W. Silver Star Road Officer Siegrist Violation (s) Cited: 6-14C(1)(K), 115-3, 108-34A, 108-33B., 51 -13, 5- 3B(11) 03 -08 -11 NOV Re- inspection 03 -25 -11 04 -06 -11 SOV 04 -06 -11 NOH Meeting date: 04 -26 -11 04 -06 -11 POS Registered & certified mail 04 -19 -11 POS HD 04 -26 -11 CO Found in violation as of 03 -25 -11 of codes: 6- 14C(1)(K)iii, 108 -34A, 115 -3 Must comply by 05 -24 -11 or fine of $100 /day, per violation. 5 -16 -2011 AC Observation: Outside display and storage of merchandise. Miscellaneous trash / debris. Two (2) canopy / content and structures without permit, behind the building. Also, damaged store sign, missing facing, with exposed inner electrical components. Storage trailer parked on property. Officer Siegrist stated that this property is in compliance. Page 10 of 11 Code Enforcement Board Minutes May 24, 2011 COMMENTS Attorney Sneed - stated that next month they will not hear any cases but they will have a workshop. Member Hopper - wished his wife a happy birthday Member Lowery - stated that staff should keep up the good work! ADJOURNMENT M: e adjourned at 8:13 p.m. A e t: APP : • / t rbaanie !%% /.i ce: Sibbitt, Deputy Ci I^`. Robert Godek, Chairman Page 11 of 11