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HomeMy WebLinkAbout09-27-2011 Minutes CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 27, 2011 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 6:57 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, Osborne, and Alt. Alt. Member Blynder. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Delgado and Siegrist, Administrative Assistant Ballard, Board Attorney Sneed, and Recording Clerk Stella McLeod. ABSENT: Vice -Chair M. Godek, Member Amey and Alt. 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 MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE 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. A. Minutes of the, AUGUST 23, 2011 Code Enforcement Board Meeting B. Dismissal or Compliance (Case numbers 11 -180, 11 -184, 11 -201, 11 -206, 11 -208, 11 -213, 11 -214, 11 -215, 11 -216, and 11 -221 were transferred to consent). Location of Violation Case Number Respondent 11 -184 DANA W PECK 1108 BELLINI LANE C. Order of Continuance (OCTOBER 25, 2011, Meeting) Case Number Respondent Location of Violation Member Hopper, seconded by Member Lowery, moved that the consent agenda be accepted as presented by the City. The motion carried unanimously. Page 1 -- - - -- -- — —._. 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, , ORE - 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 Reduction of Fine Member Lowery, seconded by Member Hopper, moved that in Case #07 -056, the case be re -heard for the possibility of a recommendation of a reduction of fine. The motion passed unanimously. Case No. 07 -056 — Michelle Hudson 811 Doreen Avenue, Ocoee Officer Ramos Violation Cited: 165 -3, 6 -4, 108 -24, 5 -1 03 -06 -07 NOV Re- Inspection Date: 05 -02 -07 05 -03 -07 SOV 05 -03 -07 NOH Meeting Date: 05 -22 -07 05 -03 -07 POS Certified mail 05 -08 -07 POS Hand delivery 05 -22 -07 CO Found in violation as cited as of 03 -20 -07 and given until 06 -22 -07 to come into compliance or be fined $150.00 per day. 06 -25 -07 ANC 06 -26 -07 OIFL 06 -11 -09 AOC Total fine owed $107,850.00 06 -12 -09 OIFL 06 -15 -09 POS Certified mail Observation: Untagged / expired tag / inoperable vehicle. Trailers must be stored behind front building line. (Small bed dump truck without tag and jet ski on trailer in front of house.) — — -- Page 2 — — -- — Officer Delgado presented the case and gave its history. Exhibits were presented (photos). Chairman Godek asked if debris was in front of the house for two years. Officer Delgado answered affirmatively, saying that the property was in violation for over two years. Board Attorney Sneed said that the boards matter is to make a recommendation. Chairman Godek reiterated that any action taking place regarding this matter will be a recommendation only to the City Commission. Mr. Scott Stengel, Esq., 5110 Eisenhower Blvd. Suite 120, spoke on behalf of the respondent, City Mortgage. The company took possession of the property through a foreclosure action as of December 9, 2009, two years after the code violation occurrence. Mr. Stengel said that the agency acted diligently to rectify the problems. After consulting with counsel, the respondent was advised that the vehicles could not be removed as they were private property. The respondent had no legal right to remove them. The vehicle matter notwithstanding, Mr. Stengel continued that City Mortgage went as far as possible to clean up the property, and on that basis, he asked for a reduction of fine. Chairman Godek asked how an affidavit of compliance could be issued when City Mortgage did not remove the cars; he asked who took the vehicles away. Board Attorney Sneed said that the affidavit of compliance was issued before City Mortgage filed its action. Mr. Stengel said he was unsure if it was the tenants or the owners who removed the vehicles. Chairman Godek asked if the property had been sold. Mr. Stengel replied that the property was sold on February 28, 2010, but title could not be issued until the lien matter was resolved. Member Hopper said that the property certainly looks better. Member Kelley asked when the foreclosure procedure started. Mr. Stengel answered that it started on December 9, 2009. Final judgment was issued August 8, 2010. The property was sold February 28, 2011. Member Kelley said that they had not started foreclosure procedure when property was deemed to be in compliance. Officer Delgado said that as of June of 2009, she did a minimum housing inspection and found that the property was in compliance. Board Attorney Sneed said that the point that Mr. Stengel is making is that City Mortgage was aware of the lien after the City's order and the recording of the lien; hence, they mowed the property, but they could not remove the vehicles. At some point the owner or the tenant removed the vehicles prior to the foreclosure. The board members concluded that the City does not know when the property came into compliance because code enforcement was not called to inspect. Chairman Godek asked what the City's costs were. Officer Delgado responded that she would calculate the costs. While she did that, Member Hopper asked how the fine got so high. Attorney Sneed answered that the fine had been accruing since 2007. Member Hopper had thought it started in 2009. Alt. Member Blynder asked if the new owner had to absorb the lien. Attorney Sneed answered that this is why City Mortgage is here tonight. Mr. Stengel said the bank owns the property with the existing lien. Officer Delgado said she could only `guesstimate' the costs, which she stated is about $700.00. — — — Page 3 — Member Osborne made a motion to recommend that the fine be reduced to $5000 plus administrative fees of $700. The motion died for lack of a second. Member Hopper, seconded by Alt. Member Blvnder, moved that in case # 07 -056 the board recommend to the commission that fine be reduced to $1000 plus the City's costs. Member Hopper amended the motion that the lien should be paid within the thirty days of commission approval. Alt. Member Blynder seconded the amendment. The amendment passed unanimously. The motion failed by a tie vote (roll call) of three `for' and three `against' the motion. Further discussion ensued. The chairman solicited another motion. Member Kelley, seconded by Member Hopper, moved that in Case #07 -056 the board recommend that no fine be levied and that the respondent be directed to pay City costs which are to be paid within thirty days of commission approval or the amount due reverts to the original lien amount plus City costs. The motion passed by a majority vote of 5 to 1 with Chairman Godek dissenting. Case No. 11 -207 — MarIcello Cook 1 Sundial Key Drive Officer Delgado Violation Cited: 168 -4 A. (16), Article VIIIQ 08 -03 -11 NOV Re- Inspection Date: 08 -11 -11 08 -18 -11 SOV 08 -18 -11 NOH Meeting Date: 09 -27 -11 08 -18 -11 DOCS SENT BY Reg. & certified mail Observation: Vehicle(s) routinely parked / stored in the front yard. Holiday lights hanging around house boarder. Officer Delgado presented the case and gave its history with exhibits. Chairman Godek asked if displaying Christmas lights is a real code violation. Officer Delgado answered yes since the lights have been up past January 15 as provided by the ordinance. The chairman also asked where the vehicles should be parked. Officer Delgado answered that cars need to be parked in designated parking spaces, not on the lawn. Member Hopper, seconded by Member Kellen, moved that in Case #11 -207 respondents be found in violation as cited as of August 7, 2011 and be given until October 7, 2011 to come into compliance or be fined $100 per day, per violation and for every day thereafter. The motion carried unanimously. — — — Page 4 — - — — — Case No. 11 -209 — Herbert L. Cole 4 Sunset Key Court Officer Delgado Violation Cited: 51 -13, 115 -3 08 -05 -11 NOV Re- Inspection Date: 08 -11 -11 08 -18 -11 SOV 08 -18 -11 NOH Meeting Date: 09 -27 -11 08 -18 -11 DOCS SENT BY Reg. & certified mail Observation: Demolition of mobile home without required permits, plans, approval and inspections; miscellaneous junk/debris on property from demolition of mobile home. Officer Delgado presented the case and gave its history with exhibits. Member Kelley, seconded by Member Osborne, moved that in Case #11 -209 the respondent be found in violation as cited as of August 11, 2011 and be given until October 14 2011 to comsl or be fined $100 per day, per violation for every day not in compliance. The motion passed unanimously. During discussion for the motion, Member Hopper asked if there was any electrical issue causing a problem. Officer Delgado answered, no, not as far as she knew. Member Hopper asked if they could get a permit by the 14 of this month. The officer said `yes'. Alt. Member Blynder asked if there is a Mr. Cole. Officer Delgado answered `yes'. The father passed away, but the son has taken over. Case No. 11 -227 — American Home Mortgage Servicing, Inc. c/o Law Office of Daniel Consuegra 419 Abbey Ridge Court Officer Siegrist Violation Cited: 108 -22, 108 - 24,115 -6, 108 -23M(1 & 2), 108 -23N 08 -26 -11 NOV Re- Inspection Date: 09 -12 -11 09 -13 -11 SOV 09 -13 -11 NOH Meeting Date: 09 -27 -11 09 -13 -1 DOCS SENT BY Reg. & certified mail Observation: Minimum standards housing inspection. Excessive grass /weeds — trash /debris. Dirty swimming pool water. Missing ceiling fans / exposed electrical wiring. Missing electrical outlet faceplate covers throughout. Damaged exterior electrical porch lite /fixture (south side); one (1) missing exterior electrical A/C condenser /compressor (south side). Front door does not fit / seal properly — damaged door molding & jam. Remedial /corrective action: Mow grass /weeds and remove all trash/debris. Clean swimming pool water. Install missing ceiling fans or covers to NEC code. Secure replace /repair exterior electrical porch light fixture and install cover to NEC code. Obtain A/C mechanical permit, and all necessary inspections, at City Hall and replace missing exterior electrical A/C condenser /compressor to NEC code. Front door to fit /seal properly — repair /replace front exit personnel door molding /jam. Page 5 — — -- — — Officer Siegrist presented the case and gave its history with exhibits (photos). Member Osborne asked if there was electricity to the house. Officer Siegrist said `no', the electricity is turned off. Member Osborne asked if it is a hazard that needs to be abated. Officer Siegrist said no, the breakers just need to be turned off. Member Kelley asked if it was known when the owner took possession the property. Officer Siegrist answered no. Alt. Member Blynder asked if people were living there under the current condition of the house, Officer Siegrist answered `yes'. Alt. Member Blynder asked how the officer knew that the folks living there are supposed to be there. Officer Siegrist answered that it is the property owner's issue. After further discussion, a motion was made. Member Osborne, seconded by Member Hopper, moved that in Case #11 -227, the respondent be found in violation as cited as of September 9, 2011 and be given until October 28, 2011 to comply or be fined $100 per violation, per day The motion carried unanimously. OTHER BUSINESS Case No. 11 -120 — Dean Harper, Inc. 167 W. Silver Star Road Officer Delgado Violation Cited: 108 -24D, 108 -16, 108 -19A, F (1)(b), 108 -22, 108 -23A, B, C, D, G, I, J, K, L, M (1) (2), N(1)(2), 0, P, Q, R(1)(2), S, T, U, 301.3, 51 -13, 108 -35 05 -12 -11 NOV Re- Inspection Date: 05 -31 -11 06 -01 -11 SOV 06 -01 -11 NOH Meeting Date: 07 -26 -11 06 -01 -11 DOCS SENT BY Regular and Certified Mail 07 -26 -11 CO Found in violation as of 05 -26 -11 (in compliance of 301.3 as of 07- 26 -11), all other 21 violations to be in compliance by 09 -01 -11 or be fined $50.00 per day, per violation as it remains in non - compliance. Observation: Minimum Housing Standard Inspection requested by tenant Tiffany Meeks complaint owner would not repair property inspection revealed, plumbing not connected to waste septic system. Electrical receptacle for range is hazardous exposed wiring and needs to be secured to structure. Electrical service is dangerous, install new single service. Permits required for electrical, plumbing and building. Have a licensed electrical, plumbing, and building contractor obtain permit(s) and coordinate with city to bring electrical service and equipment, all plumbing and building to code. Toilet needs to be properly installed to a secure solid floor. Toilet held up by wood block under trailer and draining on ground. Bathroom floors rotted; floors and walls need to be structurally sound and attached to each other. Holes behind the stove, holes under kitchen cabinet by sink, holes in walls, and floors around a/c window units need to be repaired weather tight and rodent free. Kitchen sink drains to ground not connected to sewer system. Wall panels loose throughout trailer. Washer waste drain not connected to waste septic system. Front and rear steps are unsafe, rotted wood need to be secured and have secured rails. Miscellaneous trash and debris throughout the property. Due to major violations on property tenant was required to vacate the property. -- Page 6 Tishya Luedtke, Building Inspector Il, Waste being dumped on ground. Water line and drains not supported under sink. Trap not installed under kitchen sink. Old washer waste drain not connected to waste septic system needs to be removed and old fitting capped off. Other plumbing items too numerous to list. Plumbing needs completely repaired both inside and outside of residence to meet 2007 FI. Plumbing Code. Electrical service is dangerous, install new single service or repair existing service to safety minimums per National Electrical Code 2008. Rotted floors and walls throughout need to be repaired /replaced to make structurally sound and attached to each other in a way which meets 2007 FI. Existing Building Code. Front and rear step and steps with landing are not safe, replace or repair. All structural repairs per 2007 Florida Existing Building Code. Finish interior walls of closet. Support piers and tiedowns not per FOOT requirements. Skirting to be removed for inspecting plumbing, piers, tie downs and support then replace after rough inspection for finals. Property was placard for unsafe living conditions. Tenant was required to vacate the property due to unsafe conditions. The board previously gave the respondents until September 10, 2011 to comply or face a fine of $25 per day, per violation. The property is still not in compliance. The fine will now be assessed. Member Lower, seconded by Member Hopper, moved that in Case #11 -120 the fine is imposed effective September 2, 2011. The motion carried unanimously. NOTE: Cases #11 -121, #11 -157, #11 -167, and #11 -169 came into compliance as of the date of this meeting. The announcement of their compliance at the meeting notwithstanding, no action concerning these cases was taken. Case No. 11 -197 – Bayview Loan Servicing, LLC 802 Starke Lake Circle Officer Rodriguez Violation Cited: 115 -5 07 -13 -11 NOV Re- Inspection Date: 07 -28 -11 08 -03 -11 SOV 08 -03 -11 NOH Meeting Date: 08 -23 -11 08 -03 -11 ROCS SENT BY Reg. & certified mail 08 -15 -11 POP 08 -23 -11 CO Found in violation as of 07 -27 -11 must comply by 09 -09 -11 or pay a fine of $100 per day as remains in non - compliance. 09 -12 -11 ANC Observation: Overgrown grass /weeds. — — Page 7 Officer Siegrist said property is non- compliant as of September 12, 2011. Chairman Godek asked if there had been any contact from the respondents. Officer Siegrist responded `no'. Member Hopper, seconded by Member Lowery, moved that in Case #11 -197 the fine be imposed effective September 10, 2011. The motion carried unanimously. COMMENTS Member Hopper — said that the staff does a good job. He singled out Officer Delgado particularly for the good job she has done. Member Lowery -- commended the code enforcement officers and announced the passing of Mr. Jim Beech. Chairman Godek — said that he was happy to see so many properties come into compliance. ADJOURNMENT Meeting adjourned at 7:43 p.m. - ~A1 `I` , T: ,t APE' f VED: s . tella W. M` - Leod, CEB ` eco ng Clerk Robert Godek, Chairman Notice. Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. Page 8