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Home My WebLink About05-22-2012 Minutes CODE ENFORCEMENT BOARD MINUTES MAY 22, 2012 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 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 Osborne, Kelley, Lowery, and Alt. Member Blynder. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Robert Siegrist, Edward Loeffler, and Theresa Rodriguez; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Member Amey and Alt. Member Sais were absent excused. GUESTS: None. Administrative Assistant Ballard administered the oath to the Code Enforcement Officers 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 APRIL 24, 2012, Code Enforcement Board Meeting B. Dismissal or Compliance (Cases #12 -056, 12 -061, 12 -065, 12 -069, 12 -070, 12 -075, and 12 -079 were transferred to the consent agenda) Case Number Respondent Location of Violation 12 -040 ERICA SILVIA TORRES 55 PERIWINKLE KEY DRIVE Off: CD 12 -042 JAMES E WIGGINS 120 COKLES KEY DRIVE Off: CD NANCY M WIGGINS 12 -053 ANTONIO HERERRA 41 SHELL KEY COURT Off: CD JUAN GALVAN 12 -055 MARCOS ESTEBAN 25 HARBOR KEY COURT Off: CD BETTY PEDRICK 12 -076 IGNACIO IBARRA 75 SAND DOLLAR KEY Off: CD BERTHA IBARRA DRIVE C. Order of Continuance (JUNE 25, 2012 Meeting) Case Number Respondent Location of Violation 12 -068 VENKATESH ANALA 1874 MARSH WREN COURT Ofc: EL SURYA KALA ANALA 12 -073 VICTORIA BLACKMON 1941 ANCIENT OAK DRIVE Ofc: EL SPENCER BLACKMON Member Kelley, seconded by Member Lowery, moved that the consent agenda be accepted as presented. 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. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 12 - 062 — David Jacques / Karen Abraham / Freddie Mac Home Steps 6826 Mill Stream Road Officer Loeffler Violation Cited: 115- 3,108 -35 04 -06 -12 NOV Re- Inspection Date: 04 -17 -12 05 -02 -12 SOV 05 -02 -12 NOH Meeting Date: 05 -22 -12 05 -02 -12 DOCS SENT BY Reg. & certified mail Observation: Vacant, secured structure. Rear and side portions of fence dilapidated, missing and falling exposing unobstructed and visible access to an in- ground pool. This home sits on a large, unfenced, common -area field routinely frequented by pedestrians and children. Officer Loeffler presented the case and gave its history. Exhibits (photos) were presented. Wells Fargo contacted the officer and said that this property has been `dropped from inventory'. The property is non- compliant as of this meeting date. Chairman Godek asked if Freddie Mac was a part of the matter. Officer Loeffler answered, `Not officially'. Chairman Godek asked if the property had been secured. Officer Loeffler answered that he had only used temporary caution tape, but the City is seeking authority to abate. Attorney Sneed advised the board that they could authorize the City to abate the property. Page 2 — — — Member Kelley, seconded by Member Osborne, moved that in Case #12 -062 the respondents be found in violation as cited as of April 14, 2012, and be given until May 29, 2012 to comply, or forfeit $100 per violation, per day. If at the end of that date the property is not in compliance, the City is authorized to abate the violation and assess the cost of the violation to the fine. The motion carried unanimously. Member Lowery asked if it was an above - ground pool. Officer Loeffler answered that it is a small in- ground pool. Case No. 12 -064 — Lisa Marie Pope 321 New Meadows Court Officer Siegrist Violation Cited: 115- 3,108 -35 04 -18 -12 NOV Re- Inspection Date: 04 -30 -12 05 -01 -12 SOV 05 -01 -12 NOH Meeting Date: 05 -22 -12 05 -01 -12 Docs sent by Regular & Certified Mail Observation: Misc. trash / debris on property. Also, house not secured with open exterior door(s). Officer Siegrist presented the case and gave its history. Exhibits were presented (photos). The house is vacant. The City is requesting that the board also order abatement and add the cost to the fine. Member Kelley asked if it was a repeat violation. Officer Siegrist answered, "No." Attorney Sneed said one cannot really violate 108 -35; the board can authorize abatement and assess the cost. She directed the board not to do a `per violation'. Member Osborne, seconded by Vice - Chairman Lowery, moved that in Case #12 -064 the respondent be found in violation of 115 -3 as cited and that the respondent be given until June 1 S, 2012, to comply or be fined $100 #er da . I the respondents ail to com.1 the Ci is authorized to abate the nuisance with the cost added to the fine. The motion carried unanimously. Case No. 12 - 062 — David Jacques / Karen Abraham / Freddie Mac Home Steps 6826 Mill Stream Road Officer Loeffler Violation Cited: 115- 3,108 -35 04 -06 -12 NOV Re- Inspection Date: 04 -17 -12 05 -02 -12 SOV 05 -02 -12 NOH Meeting Date: 05 -22 -12 05 -02 -12 Docs SENT BY Reg. & certified mail Observation: Vacant, secured structure. Rear and side portions of fence dilapidated, missing and falling exposing unobstructed and visible access to an in- ground pool. This home sits on a large, unfenced, common -area field routinely frequented by pedestrians and children. Page 3 - Member Kelley, seconded by Member Lowery, moved to amend the board 's order in Case #12 -062 that the respondents be cited for one violation, 115-3, and that the respondents be fined $100 per day as stated in the previous order. The motion carried unanimously. Case No. 12 -066 — Sheila Van Nieuwenhuyze 2386 Grand Poplar Street Officer Loeffler Violation Cited: 115 -5A, B, C 04 -26 -12 NOV Re- Inspection Date: 04 -30 -12 05 -03 -12 SOV 05 -03 -12 NOH Meeting Date: 05 -22 -12 05 -03 -12 DOCS SENT BY Reg. & certified mail Observation: Web complaint #W004096- 041112. Long weeds - breeding grounds for stray cats. Received 04 -13 -12 observed tall weeds grass: front, side, rear of property. Officer Loeffler presented the case and gave its history. It is an occupied dwelling. This is the third complaint for the same violation, but the first time compliance was not gained until after the official notice. Exhibits were presented (photos). Member Kelley asked if the officer had three violations for the three codes cited. If one has subsections of the same code section, it is one violation, said Attorney Mary Sneed. Member Lowery, seconded by Alt. Member Blynder, moved that in Case #12 -066 the respondents be found in violation as cited as of April 28, 2012, and be given until June 22, 2012, to come into compliance or be . fined $100 per day thereafter. During the discussion portion of the motion, Member Kelley asked if there was a reason that the board would give someone a month to comply. Member Lowery responded, "Absolutely not." Chairman Godek asked the member if he would like to amend the motion. Member Lowery answered affirmatively. Member Lowery, seconded by Member Kelley, moved to amend the compliance date to June 1, 2012. The amendment carried by unanimous vote. The motion carried by unanimous vote. Case No. 12 - 067 — Tobin Frey / Jennifer Dailer / Unknown Financial Entity 507 Shumard Oaks Drive Officer Loeffler Violation Cited: 115 -3, 108-35, 108-231, Q 04 -20 -12 NOV Re- Inspection Date: 04 -30 -12 05 -03 -12 SOV 05 -03 -12 NOH Meeting Date: 05 -22 -12 05 -03 -12 DOCSSENTBY Reg. & certified mail Observation: Vacant dwelling: unsecured / open with evidence of unauthorized access. Condition constitutes an attractive nuisance. Broke, unsecured garage door with broken, shattered glass. -- - -- Page 4 -- -- - - Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). The dwelling is vacant and showed signs of unlawful egress and use. The property is non - compliant as of this date. Member Kelley asked about code 108 -23. Officer Loeffler answered that he threw that in for the distressed garage doors and the broken windows. Attorney Sneed said that 108 -23IQ requires weather - tight windows. She advised the board not to say `as cited' in the motion, but rather specify 115 -3, and 108 - 23I, Q in the motion that is made. Member Kelley, seconded by Member Lowery, moved that in Case #12 -067 the respondents be found in violation of 115 -3 and 108 -23 as of April 30, 2012, and be given until May 29, 2012, to come into compliance or pay $100 per day, per violation. If there is no compliance, the City will be authorized to abate the property and add the cost to the fine. The motion carried unanimously. Case No. 12 -074 - George Brothers 421 Sterling Lake Drive Officer Rodriguez Violation Cited: 168 -6 05 -01 -12 NOV Re- Inspection Date: 05 -04 -12 05 -07 -12 SOV 05 -07 -12 NOH Meeting Date: 05 -22 -12 05 - - DOCSSENTBY Reg. & certified mail 05 - - Proof of notice by posting Observation: Trailer on the front of property. Officer Rodriguez presented the case and gave its history. The property is in compliance with the City. Member Lowery asked if this was the first violation from the respondent. Officer Rodriguez answered `no', but the officer added that she was presenting it just in case it happens again. In that case, the violation will then be a repeat. Member Osborne asked when they came into compliance. Officer Rodriguez said the respondents came into compliance as of today. Member Kelley asked, "They could have come into compliance earlier ?" Officer Rodriguez answered affirmatively. Member Lowery, seconded by Member Kelley, moved that in Case # 12 -074 the respondent be found in violation as cited as of May 3, 2012, and be found in compliance as of May 22, 2012, and that no fine be applied at this time. The motion carried unanimously. Page 5 -- - - Case No. 12 -078 — Juan Munoz / Jenny Barahona 695 Neumann Village Court Officer Rodriguez Violation Cited: 168 -6 04 -30 -12 NOV Re- Inspection Date: 05 -08 -12 05 -09 -12 SOV 05 -09 -12 NOH Meeting Date: 05 -22 -12 05 -09 -12 Docs SENT BY Reg. & certified mail 05 -11 -12 Proof of hand delivery Observation: Parking on private & public property. Officer Rodriguez presented the case and gave its history. She advised that complaint phone calls had been made to code enforcement. Property is in compliance as of today. Exhibit presented (photos). Member Kelley, seconded by Member Osborne, moved that in Case #12 -078 the respondents be found in violation as cited as of May 7, 2012, and be found in compliance as of May 22, 2012, and that no fine be assessed at this time. The motion carried unanimously. OTHER BUSINESS None. ELECTION OF VICE - CHAIRMAN Chairman Godek announced that Member Mike Hopper had resigned. He informed the board that a new vice - chairman (replacing Michael Godek who resigned as of the last meeting) would need to be elected. The chairman opened the floor for nominations. Member Osborne nominated Member Kelley. Member Kelley accepted the nomination. Member Kelley nominated Member Lowery. There was a roll call vote taken. Member Lowery won the election by unanimous vote. COMMENTS Assistant to the City Manager / Code Enforcement Manager Gaines — wished everyone a safe Memorial Day. Vice - Chairman Lowery — said that he was glad that to have had the opportunity to serve; he expressed appreciation for the nomination and he accepted it. The vice - chairman thanked the City for continuing to have everyone come into compliance. He closed by saying that he believes the City is really going down the right path. — - - -... Page 6 Member Kelley – said anytime there are twice as many that come into compliance as comes before the code board, the code enforcement is doing a heck of a job. Chairman Godek – thanked Members Godek and Hopper for having served the board. He solicited the public to complete an application to serve on the board. ADJOURNMENT Meeting adjourned at 7:42 p.m. • T EST: 0 APP VED: / AY 'tella W. M`Leo . , CEB Rec rdi : Cler ` i 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 7