The URL can be used to link to this page

Home My WebLink About11-22-2011 Minutes CODE ENFORCEMENT BOARD MINUTES NOVEMBER 22, 2011 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 6:56 p.m. in the Commission Chambers at City Hall. Member Lowery led the invocation and Member Hopper 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 Alt. Member Blynder. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Senior Administrative Assistant Cam Hall, Board Attorney Tom Feeney, and Recording Clerk Stella McLeod. ABSENT: Vice -Chair M. Godek, Members Amey and Osborne, and Alt. Member Sais were absent excused. GUESTS: None. Senior Administrative Assistant Hall administered the oath to the Code Enforcement Officers, Fire Inspector, and anyone intending to speak regarding a case. CONSENT AGENDA AI 1, 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 OCTOBER 25, 2011, Code Enforcement Board Meeting B. Dismissal or Compliance (Cases #11 -256, #11 -267, #11 -270, #11 -271 were transferred to the consent agenda) Case Number Respondent Location of Violation 11 -248 ROY A WILLIAMS 1012 GINGER SPICE LANE DOROTHY L WILLIAMS 11 -249 STEPHANIE CAFARO 716 BROADWAY DRIVE PETER A CAFARO JR. 11 -250 PHILLIP A BORNEMANN 704 BUTTERFLY CREEK RHONDA L BORNEMANN DRIVE 11 -258 LAVERN FRAEDRICH 85 BUCK KEY COURI_ C/O ISABEL E FREMAN 11 -265 RING WIRELESS OF OCOEE 756 BLUFORD AVENUE SUN CENTRAL DEVELOPMENT, INC RING WIRELESS INC OF OCOEE C/O JEZTBELL KUZMA 11 -266 RFK MOBILE HOME RENTALS, 205 W SILVER STAR ROAD C. Order of Continuance (JANUARY 24, 2012, Meeting) Case Number Respondent Location of Violation Member Kelley, seconded by Member Lowery, moved that the consent agenda be accepted as presented by the City. The motion carried unanimously. Member Lowery, seconded by Member Hopper, moved that Case #11 -257 be the second case to be heard and then revert back to the regular order of the agenda. The motion passed unanimously. COMMENTS FROM CITIZENS None. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON .TUNE 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 (Alt. Member Blynder arrives at 7:11 p.m.) Case No. 11 -243 — Charlene McCrea / David Runco, Jr. 1213 Freedom Court Officer Siegrist Violation Cited: 6 -4 H(6)(b) 08 -31 -11 NOV Re- inspection date: 10 -04 -11 10 -06 -11 SOV 10 -06 -11 NOH Meeting date: 10 -25 -11 10 -06 -11 DOCS SENT BY Reg. & certified mail 10 -26 -11 OC Meeting date: 11 -22 -11 Observation: One (1) portable storage container "POD" in front driveway Page 2 Officer Siegrist presented the case and gave its history. As of today's date, the property was re- inspected and found to be non - compliant. Chairman Godek asked if the structure was a POD (portable on demand storage unit). Officer Siegrist answered that it was and added that generally the City allows thirty (30) days until the units need to be removed (it is an unwritten rule). Ms. Angela Runco, 1213 Freedom Court, addressed the board about the matter and said that the POD has been emptied and is waiting to be picked up. She said that she called the City to find out if a permit was needed and was told 'no'. Ms. Runco added that now she is fighting with the POD people to pick it up. Ms. Runco said that she did not hear about the City's thirty -day limit until Officer Siegrist showed up at her house. Member Hopper asked how long it should take for the items to go back into her home. Ms. Runco answered probably three weeks. Chairman Godek asked if the case came about as a result of a complaint. Officer Siegrist answered 'yes'. After further discussion, Member Kelley reconfirmed with the respondent that within three weeks she can get the POD contents stored in her house. Ms. Runco answered `yes'. Member Kelley, seconded by Member Hopper, moved that in Case #11 -243 the respondent be found in violation as of September 30, 2011, and be given until December 13, 2011, to comply or be fined $50 per day. The motion carried unanimously. During the discussion Member Lowery asked about items that might be left in the driveway which would still be against the code. Member Kelley said that if there are items still in the driveway, once the POD is removed, then the respondent will be a repeat violator when cited again. Case No. 11 -257 — Richard R. Wilson Jr. Life Estate 23 Cokles Key Drive Officer Delgado Violation Cited: 115 -3 10 -25 -11 NOV Re- inspection date: REPEAT VIOLATION 10 -26 -11 SOV 10 -26 -11 NOH Meeting date: 11 -22 -11 10 -26 -11 Docs sent by: Reg. & certified mail Observation: Miscellaneous junk / debris on property windows, tires, vehicle parts and miscellaneous debris. Officer Delgado presented the case and gave its history. The officer said the property looked like a salvage yard. Exhibits (photos) were presented. Member Kelley asked if they had been brought before the board before. Officer Delgado said `yes'. Upon viewing the photos, Member Hopper said that the property looked like a health hazard. Officer Delgado said she called [Fire Inspector] Dan [Dingman]. He advised her to call the Department of Environmental Protection to go out to the property. Page 3 Joel Davis Buckley, 23 Cokles Key Drive, presented photos of the property as of today. Mr. Buckley said that the property is about 90% clean. Mr. Buckley said that they had come before the board last year because of car parts in the yard. The respondent came into compliance according to Officer Siegrist. Mr. Buckley said that he was told that the backyard was not an issue because it could not be seen. He explained to the board that previously he had health problems, so he asked for an extension of 3 months. Mr. Buckley said that he got with the building division about what it would take to comply regarding the carport. Mr. Buckley said that Bruce [Dunford, Zoning Inspector] said that he (Mr. Buckley) could have the tarps for a few months. Mr. Buckley said that he discussed it with Officer Delgado on October 17, 2011, eight days prior to the compliance deadline. A brief dispute occurred between the respondent and Officer Delgado regarding what was said by Officer Delgado. Mr. Buckley said that he took six days off from work to clean up the property. Member Hopper asked Mr. Buckley where he lived. Mr. Buckley said that he lives in Pioneer Key. Member Hopper said that the property looks like a salvage yard. He further continued saying that the City has been more than gracious in giving the respondent time to straighten this out. Mr. Buckley said that he did not add anything to his property after it was declared compliant by Officer Siegrist. He apologized for letting the property get into such a state in the first place. He mentioned that there are violations on other properties. Member Hopper replied that because the respondent is a repeat offender, code enforcement will be checking on him. Mr. Buckley said that he can finish the job within a month. Officer Delgado said that she did check on the property areas mentioned by Mr. Buckley, and the areas match Mr. Buckley's description. There are still two vehicles on the property, however, the officer said. She said that she will be bringing the respondent back to the board for these violations (the vehicles). Officer Delgado said that she does not want to seem as though she is harassing the respondent. She could not previously see the vehicles (due to the trash in the backyard), but now that they are visible, she will take action. Member Hopper said that he would not call her actions harassment, but rather the officer is simply doing her job. Mr. Buckley asked about the fines, and sought consideration from the board about the fines. He said that he cannot afford the fines. Alt. Member Blynder asked how much this was costing. Officer Delgado said it is up to the board how much they want to fine the respondent. The officer had not calculated the City's administrative cost, but estimated that the costs were around $750. Member Hopper, seconded by Member Lowery, moved that in Case #11 -257 the respondent be found in violation as a repeat violator and be given until December 5, 2011, to come into complete compliance or be fined $250 per day, per violation. The motion carried unanimously. Page 4 Case No. 11 -251 Dawna / Marvin Wise 315 Phyllis Street Officer Siegrist Violation Cited: 115 -5, 115 -3, 168 -6B(1) 10 -04 -11 NOV Re- inspection date: 10-19-11 10 -26 -11 SOV 10 -26 -11 NOH Meeting date: 11 -22 -11 10 -26 -11 DOCS SENT BY Reg. & certified mail Observation: Weed / grass over 10 ", miscellaneous trash / debris on property. Three (3) trucks parked on grass. Officer Siegrist presented the case and gave its history. Exhibits were submitted (photos). Member Hopper asked if the officer had heard from the respondent. Officer Siegrist said he had not. Member Hopper, seconded by Member Kelley, moved that in Case #11 -251 the respondents be found in compliance of 168- 6B(1), but still in violation of 115 -5, 115 -3; and be given until December 9, 2011, to comply or be fined $100 per day, per violation. The motion carried unanimously. Case No. 11 -255 James Novillo / Leonardo Sanchez 2008 Paula Michele Court Officer Siegrist Violation Cited: 165 -3A, 168 -6B(1) 10 -05 -11 NOV Re- inspection date: 10 -20 -11 10 -26 -11 SOV 10 -26 -11 NOH Meeting date: 11 -22 -11 10 -26 -11 DOCS SENT BY Reg. & certified mail Observation: One (1) Chevy Suburban 1500/ gray, FL tag #J26 l MP/ exp. June 2011 parked on grass in front yard and one (1) Chev/brn/No tag parked in street. Officer Siegrist presented the case and gave its history. Exhibits were presented (photos). The property is in compliance as of today. Member Kelley, seconded by Member Lowery, moved that in Case #11 -255 the respondents be found in violation as cited as of October 20, 2011, and be found in compliance as of November 22, 2011, and that no fine be assessed at this time. OTHER BUSINESS 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, 108-24D, 115-6, 108-23M(1 & 2), 108-23N(1&2) 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 -11 DOCS SENI BY Reg. & certified mail 09 -27 -11 CO FOUND IN VIOLATON AS OF SEPTEMBER 9, 2011; TO COMPLY BY OCTOBER 28, 2011 OR BE FINED $100 PER DAY, PER VIOLATION. 10 -31 -11 ANC Page 5 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. Assessment of fine. Member Lowery, seconded by Member Hopper, moved that in Case #11 -227 the fine be imposed effective October 29, 2011. Comments Officer Siegrist — wished everyone a Happy Thanksgiving. Officer Delgado — extended her greetings as well. Attorney Feeney — said that it was good to see everyone again. Alt. Member Blynder — apologized for his tardiness. Member Lowery — wished everyone Happy Holidays, Member Kelley — wished everyone a Happy Holiday season and thanked the staff for their work. Member Hopper -- wished everyone a Happy Thanksgiving, Merry Christmas, and Happy New Year. Chairman Godek — echoed Member Hopper's sentiments. ADJOURNMENT Meeting adjourned at 7:53 p.m. 4T3EST: A,PP' OVED: ✓,! dd tella W. M`Leod, CEB Recor ng 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 6 —