Loading...
HomeMy WebLinkAbout10-26-2010 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING OCTOBER 26, 2010 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order Member Hopper at 7:00 p.m. in the Commission Chambers at City Hall. led the Invocation Member Lowery and led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice Chair M. Godek, Members Alexander, Hopper, Lowery, Osborne, and Alternate Member Kelley. Also present were Deputy Fire Chief Butch Stanley, Code Enforcement Officer Delgado, Code Enforcement Officer Loeffler, Code Enforcement Officer Siegrist, Fire Inspector Sorenson, Administrative Assistant Ballard, Attorney Sneed, Deputy City Clerk Sibbitt, and Recording Clerk Stella McLeod. ABSENT: Member Sais and Alternate Member Amey 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 September 28, 2010, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Number 10-249 was transferred to consent.) Case Number Respondent Location of Violation 1)10-243 Nga Hoang Phung & 2130 Laurel Blossom Circle Kevin Dong Huyhn 2)10-249 Silvio Vargas 1411 Darla Street C.Order of Continuance - None. Vice Chair M. Godek, Member Lowery, seconded by moved to approve the Consent Agenda as presented by city staff. Motion carried unanimously. Code Enforcement Board Minutes October 26, 2010 Vice Chair M. Godek, Member Lowery seconded by, moved to hear the cases in the following order: Case Nos. 10-248, 10-266, 10-252, 10-251, 06-117, 08-121; 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. 10-248 – Diane and Alfred Leopold 419 Abbeyridge Court. Officer Delgado Violation (s) Cited: 51-13, 115-6, 108-25 09-15-10 NOV Re-inspection date: 09/28/10 09-30-10 SOV 09-30-10 NOH Meeting Date: 10/26/10 09-30-10 POS Reg. & Certified Mail 10-15-10 POS Posting Observation: Demolition of screen enclosure without required premier, plans, approval and inspections. Swimming is pool green and dirty water, multiple people renting rooms in the house. Officer Delgado presented the case and gave history; exhibits were presented. As of today the screen enclosure has been removed without a permit which is required. Member Hopper asked who the home belongs to. He asked if the HOA (homeowners Officer Delgado association) is addressing the matter at all. replied that the HOA had asked Vice-Chair M. Godek the City to get involved. clarified that this case is strictly about the demolishment of the screen for the pool. The officer replied affirmatively. Chairman Godek invited guests to speak at the podium. Mr. Christopher Blake , 6147 Huckleberry Avenue, nephew to Alfred Leopold, said that there was wind shear damage to the main beam which cannot be replaced; it must be rebuilt. He admitted that he did not pull a permit, but he did stop the work when the stop work order was issued. He took responsibility for not paying the $22.00 for the permit. He claimed that the doors to the house were left unlocked. He said that he did not remove the aluminum. The pool has been sprayed but not drained, Mr. Blake explained, because the house has no power. Page 2 of 14 Code Enforcement Board Minutes October 26, 2010 The house has been cleaned up and Mr. Blake plans to move into it. Chairman Godek asked what needs to be done and when he will come into compliance. Mr. Blake responded that he can come into compliance by Monday, November 1st, which includes the demolition of the pool screen (after obtaining a permit) and the securing of the pool water. Officer Delgado confirmed that this would be satisfactory. Member Hopper, Vice-Chair M. Godek seconded by , moved in Case No. 10-248 to give the respondent until November 5, 2010 to come into compliance or be fined of $100 per day per each violation for everyday thereafter. Motion carried unanimously. Case No. 10-266 – Diane / Alfred Leopold 419 Abbeyridge Court Officer Delgado Violation Cited: 108-23 Q, 108-35 10-05-10 NOV Re-inspection date: 10/11/10 10-11-10 SOV 10-11-10 NOH Meeting Date: 10/26/10 10-11-10 POS Reg. & Certified Mail 10-15-10 POS Posting Observation: Aluminum awning half detached and hanging from structure, to unsanitary condition without electric and water supply, after requesting to obtain permit on September 15, 2010. Officer Delgado Officer presented the case and gave history. Exhibits were also presented. Delgado testified that she has called the owner. Mr. Chris Blake told her that he had not been Officer Delgado able to get the occupants to leave. secured the dwelling and cited the Office Delgado occupants. The property is now vacant and in compliance. is requesting the cost that it took to secure the structure: $300. Member Osborne asked if code enforcement told him to stop work and then cited them for stopping the work. She was not clear as to how City could cite him for stopping and leaving Officer Delgado the property in an unsafe condition. explained that she had requested that he pull the permit to finish the work. Member Hopper felt that the City should split the cost with the HOA. He said that the City Member Osborne should not bear the entire cost. reminded the board that the HOA had Alt. Member Kelley contacted code enforcement about the problem. added that the HOA had no authority to take action. Vice-Chair M. Godek said that the board had gotten off topic. He said that if a store was Officer robbed, Code Enforcement would not be called. They would call the police. Delgado explained that she was called due to her notices being left at the property. Vice-Chair M. GodekOfficer Delgado said that he is not sure that it is a 'fineable' matter. Member Osborne said that she is looking for the owner to be responsible. asked what Page 3 of 14 Code Enforcement Board Minutes October 26, 2010 Officer Delgado exactly was done to merit the $300. said that the City had rekeyed the left front door lock, installed a bolt to secure the other door (the front door is a double door), replaced wood into the sliding door track to keep it closed, two fence boards were replaced, and a police officer worked 1 hour and 45 minutes securing the property. Vice-Chair M. Godek concluded that basically they abated the nuisance before it was a Officer Delgado documented nuisance. answered no, since she cited the property on October th Vice-Chair M. Godek 5. said that the citation was for the awning. He continued that it seemed as though the City abated the nuisance prior to it becoming a documented nuisance. Officer Delgado agreed noting that she has three cases on the property, but the current case is actually for the structure and for the awning. Member OsborneMember Lowery concluded that this case links to the previous case. said Officer Delgado that he questioned what the photos really showed. explained the photos. Attorney Sneed clarified that the previous case was about not having a permit. The current case is about not maintaining the property correctly. Mr. Chris Blake, 6147 Huckleberry Lane, nephew to Alfred Leopold spoke about having stopped the work according to the stop work order. He claims that the aluminum was stolen Chairman Godek which actually brought the property into compliance. asked if Officer Delgado was asking the board to find the respondent in compliance and reimburse the City Officer Delgado $300. confirmed that this was her request. Member HopperMember Alexander , seconded by , moved in case number 10-266 to find the respondent in violation as cited as of October 10, 2010, and in compliance as of October 13, 2010; that no fine be assessed, as cited and that the city be reimbursed $300 for City’s time and labor to secure the building . Motion carried unanimously. Case No. 10-252 – Diane / Alfred Leopold 419 Abbeyridge Court Officer Delgado Violation Cited: 108-19A, C, D, E, (1)(2), 108-25B 09-30-10 NOV Re-inspection 10-01-10 10-11-10 SOV 10-11-10 NOH Meeting Date: 10-26-10 10-11-10 POS Reg. & Certified Mail 10-15-10 POS Posting Observation: No open water account since September with City of Ocoee Utilities Department. The wastewater system was not properly being disposed without active utilities. There were multiple people renting rooms in the home. Officer Delgado presented the case and gave its history. She found the property to be in compliance as of today's date given the rooms are not being rented and the house is empty. Page 4 of 14 Code Enforcement Board Minutes October 26, 2010 Mr. Chris Blake , 6147 Huckleberry Avenue, thanked Officer Delgado for her assistance, and agreed to comply with the directions given to him. Attorney Sneed clarified that the city has already found the property in violation in 10-248; hence, the board can just deal with the 108-19 matter. Member OsborneAlt. Member Kelley , seconded by , moved that in case no. 10-252 the respondent be found in violation as of October 1, 2010, but in compliance as of 10/26/10 and no be fine assessed. The motion carried unanimously. Case No. 10-251 – Mohammed Hassan 250 Misty Meadow Drive Officer Delgado Violation Cited: 165-3, 165-4, 165-7 09-30-10 NOV Re-inspection date: repeat violation 10-01-10 SOV 10-01-10 NOH Meeting Date: 10-26-10 10-01-10 POS Reg. & Certified Mail 10-15-10 POS Posting Observation: Truck in driveway with two flat tires / inoperable vehicle. Officer Delgado presented the case and gave its history. This is a repeat violator, the officer declared. Due to a computer glitch, there are no photos, but the vehicle is the same one that was in violation on March 1, 2010. On October 11, 2010, she received a call to re-inspect, and found that the vehicle was gone from the property. As of today the property is in compliance. Member HopperOfficer Delgado clarified that the property is in compliance. responded affirmatively. Mr. Joaquin Gutierrez , 250 Misty Meadow Drive, said that the truck is getting fixed and that he did not know what more that he could do. Attorney Sneed clarified that the only violation the board is looking at is 165-3. Chairman Godek thanked Mr. Gutierrez and asked him to have a seat. The chairman then stated that the board has the option to forgive the debt or fine him $500 per day. Member Osborne asked if the complaint was made by a neighbor. She confirmed that it was made by a neighbor. Alt. Member KelleyOfficer Delgado asked how long the truck had been that way. answered that the truck was that way for about a month. Attorney Sneed said that the evidence they have before them is as of the date of the officer's Page 5 of 14 Code Enforcement Board Minutes October 26, 2010 observance of the violation which was for 12 days. Mr. Hassan , (inaudible), spoke about the property. He denied that the truck was there for a Chairman Godek month. confirmed that there has been a repeat violation based on the evidence. Mr. Gutierrez spoke again and said that he got injured working construction and tries to do Member Hopper whatever work he can. explained that the violation had happened more than one time, and that it is not all about Mr. Gutierrez. The neighbors have rights also. The board member reminded Mr. Gutierrez that as a renter, he has an obligation to the City to at least make contact with the City. Member OsborneMember Hopper , seconded by , moved that the respondent in case no. 10- 251 be found in violation of 165-3 as of September 30, 2010, but in compliance as of October 11, 2010 and be assessed a fine of $50 because of the repeat violation. Motion carried unanimously. Chairman Godek greeted Mayor Scott. He asked to address the board about HOAs. Mayor Vandergrift said that HOAs have become a panacea to staff to pass the buck. He urged the board to keep in mind to assist the HOAs who assists the City in making folks aware of the rules; they are not the end all, be all when it comes to code enforcement. Case No. 06-117 – David W. Driesse 471 Little Aspen Court, Ocoee Violation Cited: 115-5; 115-3; 108-23 Q 08-10-06 NOV Re-inspection date: 08-28-06 08-30-06 SOV 08-30-06 NOH Meeting date: 09-26-06 08-30-06 POS Certified mail 09-06-06 POS Regular mail 09-06-06 POS Posting 09-26-06 CO Given until 10-10-06 or pay $150 per day. 10-11-06 ANC 10-24-06 OIFL As of 10-11-06 10-12-09 AOC 10-14-09 OIFL Total due: $j164,400.00 10-14-09 POS Reg. & certified mail 09-29-10 OIFL Corrected copy Observation: Weed/grass growth over 10”. Also large dead tree limbs and branches in backyard. Also 8ft. white fence, in backyard in poor condition.. Officer Siegrist presented the case and gave its history. This case is a continuation from the Officer Siegrist meeting of September 28, 2010. said that there was an error in the report, but the error was corrected. Page 6 of 14 Code Enforcement Board Minutes October 26, 2010 Member HopperAttorney Sneed asked if any action needs to be taken. said that this is a lien reduction case, so the board will be making a recommendation to the Commission. Mr. David Driesse , 471 Little Aspen Court, said that at the last meeting he was not actually sure if the letter was for him because it had the wrong name on it. He said that the citation he received about a boat in his driveway was actually his neighbor's boat. He asked his neighbor to move the boat, and the neighbor did. He is requesting a reduction in fine or a dismissal of the violation. Member HopperMr. Driesse asked if he knew what the fine was for. said he did know; it Member Hopper was for a tree down in the backyard and tall grass and weeds in the yard. Mr. DriesseMember Hopper asked if Mr. Driesse ever got a notice in 2006. said no. asked Officer Siegrist. staff if there was documentation about the matter. answered affirmatively Member Osborne asked where the notice could have gone. Mr. Driesse said that the property is being maintained and has been brought up to code. Member HopperMr. Driesse asked what the notice was for. said it was for a tree that had Member Hopper fallen. asked if it just took him a while to clean it up. Attorney Sneed said that Mr. Driesse received satisfactory notice but there is not proof that he actually got it. Mr. DriesseMr. Driesse said that he has no idea how long he was out of compliance. said that he has spent an awful lot of money bringing the property into compliance. Member Hopper said that he was really trying to help Mr. Driesse out, and that he needed Mr. Driesse to tell them that he made contact with the City about the matter. Mr. Driesse said that if he knows he needs to correct something, he does so right away. Alt. Member Kelley asked how Mr. Driesse found out that the tree was in his backyard, and Mr. Driesse when did he know it. replied that he is sure that the tree came down during the Alt. Member Kelley storm, but he does not know the date. continued that Mr. Driesse had Alt. Member Kelley said that he hired a group of men to help clean up the property. asked Mr. Driesse Mr. Driesse when he hired those people. could not give a specific date. Member AlexanderMr. asked if he notified the city once the problem was corrected. Driesse replied that he did not. Vice Chair Godek asked if he mentioned before that people were hired to cut the tree down. Mr. Driesse The vice chair expressed doubt that this fact just slipped Mr. Driesse's mind. said that he mentioned the matter in his letter to Deputy Fire Chief Butch Stanley. Page 7 of 14 Code Enforcement Board Minutes October 26, 2010 Alt. Member Kelley said that Mr. Driesse said that he borrowed money to pay someone to Mr. Driesse clean it up. The member asked when that was. said he would have to check his bank records. Member Hopper A motion was made. Discussion ensued as follows: said that he thinks that Vice-Chair M. Godek Mr. Driesse has done a good job cleaning up the property. said that he felt the same way, it is just a matter of how they got here with the matter. Member Hopper advised Mr. Driesse to attend the commission meeting when this matter comes before the commission. Member HopperMember Osborne , seconded by , moved in case no. 06-117 that the board recommend to the Commission that the fine be reduced to $2,500. The motion carried unanimously. (Member Lowery stepped out 8:17 p.m.) Case No. 08-121 – Juan T. Patino and Yadira Vasquez 2000 Lauren Beth Avenue Officer T. Rodriguez Violation Cited: 105.4, 54-128 04-30-08 NOCV Re-inspection date: 5-15-08 06-03-08 SOV 06-03-08 NOH Meeting date: 6-24-08 06-03-08 POS Reg. & certified mail 06-11-08 POS Posting 07-02-08 POS Reg. & certified mail 07-10-08 POS Posting 07-22-08 CO In v/ as cited on 5-14-08 and given until 8-15-08 to comply or be fined $100/day 08-16-08 ANC 08-26-08 OIFL Recorded 10-13-09 ANC 12-14-09 ANC Observation: Failure to obtain any required final inspections for an additional garage, permit #0602442, issued on October 16, 2006 expired on April 14, 2007 and $50.00 due for re-inspection fee. Vice Chair M. GodekMember Alexander , seconded by , moved to re-hear case no. 08-121 regarding a reduction of fine. The motion carried unanimously with Member Lowery away from the dais. Office SiegristAttorney Sneed presented the case and gave its history. clarified that the compliance was as of September 23, 2010. Ms. Evelyn Pilchick, a real estate agent representing the listed property at 2000 Lauren Beth , Avenue said that this is a property that was foreclosed upon. She met with Officer Bob Frost to find out what needed to be done to bring the property into compliance by September 23rd. Page 8 of 14 Code Enforcement Board Minutes October 26, 2010 The bank acquired the property as of June 10th. Member OsborneMs Pilchick asked the listing price on the house. replied that the list price Member HopperMs. Pilchick is $51,900. asked if the property is in compliance. responded Alt. Member Kelley affirmatively. said it appeared that the property was cleaned up in less than six weeks of notification of the violations. Alt. Member Kelley moved to recommend the reduction of the fine to $0. The motion died for lack of a second. Member OsborneeMember Hopper , seconded by , moved to recommend that the fine in case 08-121 be reduced to $250. The motion carried with one ‘no’ vote by Alt. Member Kelley. Chairman Godek (8:27 p.m. - calls for a five minute recess) Chairman Godek (8:34 p.m. – calls the meeting to order; all board members are present.) Case No. 10-271 – Jose Gonzalez 403 Little Spring Hill Drive Officer Loeffler Violation Cited: 115-3 09-08-10 NOV Re-inspection date: 09-16-10 10-13-10 SOV 10-13-10 NOH Meeting date: 10-26-10 10-13-10 POS Reg. & certified mail 10-14-10 POS Posting Observation: Miscellaneous junk, trash, debris, orange fencing material in backyard visible to adjacent neighbors and across lake park visitors. Officer Loeffler presented the case and gave its history. He presented exhibits (including th photos). As of September 16, the property was non-compliant and remains so. Member HopperOfficer asked if the officer inspected the property today or yesterday. Loeffler answered that he inspected the property yesterday and today. Alt. Member Kelley asked if the respondent had been spoken to by code enforcement staff. Officer Loeffler answered affirmatively. Member AlexanderVice Chair M. Godek, , seconded by moved to find in case no. 10-271 that the respondent is in violation as of September 15, 2010, and that the respondent be given until November 22, 2010, to come into compliance or face $100 /day fines. The motion carried by 4 – 3 with Members Hopper, Lowery, and Kelley opposing. Case No. 10-272 – Marla Colli 472 Wurst Road Officer Loeffler Page 9 of 14 Code Enforcement Board Minutes October 26, 2010 Violation Cited: 168-6 D 09-03-10 NOCV Re-inspection date: 09-16-10 10-13-10 SOV 10-13-10 NOH Meeting Date: Meeting date: 10-26-10 10-14-10 POS Posting Observation: Bus type vehicle parked / stored on property; prohibited by code. Officer Loeffler gave a brief history of the case. The property is in compliance as of today. Vice Chair M. GodekMember Alexander, , seconded by moved in case no. 10-272, the property be found in violation as of September 11, 2010, and in compliance as of October 26, 2010, and that no fine be assessed at this time. The motion carried unanimously. Vice Chair M. Godek made mention that the respondent would be subject to being classified as a repeat offender should this violation be filed against the respondent within the next five years. OTHER BUSINESS Case No. 10-081 – Maggie Jones 1104 Doreen Avenue Officer Rodriguez Violation Cited: 51-13 04-14-10 NOCV Re-inspection date: 05-03-10 05-06-10 SOV 05-06-10 NOH Meeting Date: 05-25-10 05-06-10 POS Regular & certified mail 05-13-10 POS Posting 05-27-10 OC Extension until 8-24-10 05-27-10 POS Reg. & certified mail 08-24-10 OC Extension until 10-15-10 10-19-10 ANC Observation: OBTAIN REQUIRED PERMITS Officer Siegrist presented the case and gave its history. The case was originally heard at the th May 25, 2010 meeting. There is an Affidavit of non-compliance as of October 19. A fine should be imposed. Board members discussed the matter that extensions had been granted previously in this case. An order of compliance was extended until October 15th. Member Osborne began to make a motion to impose a fine effective October 16th until Attorney Sneed compliance is reached; however, advised that the board should find the respondent in violation first. Member OsborneMember Hopper, , seconded by movedthat in case no. 10-081, that the respondent be found in violation as of October 15, 2010 and be given until November 13, Page 10 of 14 Code Enforcement Board Minutes October 26, 2010 2010 to comply or be assessed a fine of $100/day. The motion carried unanimously. Case No. 10-219 Joseph C. Elcinette / Emmanuel J-Pierre 2026 Cassingham Circle Officer Delgado Violation Cited: 115-5, 115-7 08-19-10 NOCV Re-Inspection Date: REPEAT VIOLATION 08-19-10 SOV 08-19-10 NOH Meeting Date: 09-28-10 08-19-10 POS Regular & Certified Mail 09-28-10 PER C.E.B. FOUND IN REPEAT VIOLATION AS CITED 8-1-10 & FINED $750.00 FOR THE REPEAT VIOATION. GIVEN UNTIL 10-05-10 TO COMPLY OR BE FINED ADDITIONAL FEE OF $100.00 PER DAY. 0928-10 CO Regular & Certified Mail 10-07-10 ANC Observation: Excessive weed or grass growth duty of property owner. Officer Delgado presented the case and gave its history. The property is in compliance as of today. This is a repeat violation and was assessed a fine of $100/day. No one connected with the property has called code enforcement. Attorney Sneed said that because it is a repeat violation, they can be assessed $500/day. Vice Chair M. Godek asked if they could combine it all into one lump sum. Attorney Sneed said if they want to stay with order, it is $2,850 total. The board can raise the amount or lower it and do an order of fine in the amount of ‘X’. Vice Chair Godek said that this is the property’s fourth violation, and given that the Member Hopper paperwork is in order, the violator appears to be choosing not to comply. agreed. Vice Chair M. GodekMember Hopper , seconded by , moved in case no. 10-219 to impose a fine of $2500. The motion carried unanimously. Case No. 10-236 – Gaitree / Rory Shanahan 1334 Vickers Lake Drive Officer Delgado Violation Cited: 115-1, 115-5A, 108-23 (1) (2) 08-19-10 NOCV Re-Inspection Date: 09-01-10 09-03-10 SOV 09-03-10 NOH Meeting Date: 09-28-10 09-03-10 POS Regular and Certified Mail 09-17-10 POS Posting 09-28-10 PER C.E.B. Found in violation as cited on 8-29-10. To comply by 10-08-10 or fine of $100 per day, per violation. Also allow City to Abate and add costs to fine. 09-28-10 CO Regular & Certified Mail Page 11 of 14 Code Enforcement Board Minutes October 26, 2010 09-15-10 ANC Observation: Conditions constituting a nuisance general requirements interior / exterior excessive weed or grass growth. Officer Delgado presented the case and gave its history. She presented exhibits (including photos). An affidavit of non-compliance was issued on October 11, 2010. The property is in Officer Delgado compliance as of October 21, 2010. received a letter from the bank (Chase), dated October 14, 2010, that the property maintenance was completed. The officer received the letter on October 21, 2010. Chairman GodekAttorney Sneed clarified that they could decide to not assess a fine. confirmed this. Alt. A motion was made that no fine be assessed. During the discussion phase of the motion, Member Kelley asked what the difference was between this case and the last case that the bank owned the property, but a fine was still assessed $250. Member Osborne said the other case was a fine reduction and the property was out of Alt. Member Kelley compliance for quite some time. noted that the bank was not out of compliance, but rather the previous owner. Bank took ownership in June and got it cleaned up right away. Member Osbornee said this case (10-236) was of much shorter duration. Member Hopper Member Osborne, , seconded bymoved in case no. 10-236, that no fine be assessed. The motion carried unanimously. Deputy Chief Butch Stanley’s Agenda Staff will be requesting a motion to authorize the city attorney to proceed with foreclosure or Attorney Sneed money judgment on each property. clarified how it is that the city can foreclose on the properties based on statute requirement. Member OsborneAttorney Sneed asked if the properties were in the mall or freestanding. said that the board is authorizing the city attorney to foreclose or get a judgment. All real Chairman Godek property, as well as the liened property, is subject to action. remarked that Deputy Chief Stanley this had not been done since his five years on the board. responded that code enforcement is trying to move forward on the matter rather than keeping them in the drawer for someone else to deal with. Member Osborne asked if these were properties in the mall or freestanding. She asked how Attorney Sneed the city can foreclose on them. said that the board can authorized code enforcement to proceed. If it is property that cannot be foreclosed upon, they can file an Page 12 of 14 Code Enforcement Board Minutes October 26, 2010 action to recover the monetary amount. The lien is a lien on all real property, even if the property included a Van Gogh, for example, the attorney said. The deputy chief brought forward case number 09-027, Gaterson Inc. at the West Oaks Mall, 9401 West Colonial Drive. He declared that staff is asking that the city attorney be authorized to foreclose and sue for money damages to recover the amount of the fine on the property. Vice Chair M. GodekMember Alexander , seconded by , moved to authorize the City Attorney’s office to proceed to foreclosure or reduce the lien to a judgment. The motion carried unanimously. Attorney Sneed For the remaining cases said that the deputy chief could read the cases into the record and then the board could make a motion on the cases as a group. 09-216 Savanah Grace Bridal, LLC 9401 West Colonial Drive 09-199 Perfect Brow Fl, Inc., same 09-240 Intouch Wireless, same 09-244 1991 Rushden Drive 09-012 844Patirot’s point drive 10-032 709 Lakeview Drive 07-106 709 Lakeview Drive 10-049 709 Lakeview Drive 09-258 2717 Plumberry Ave 10-112 2717 Plumberry Ave. 09-155 2243 Laurel Blossom Circle 09-304 2243 Laurel Blossom Circle 09-182 2226 Cassingham Circle 10-047 2026 Cassingham Circle 07-149 1400 Samantha St 99-087 160 Little Springhill Dr 09-246 2388 Elmira Drive 09-005 1709 Cambridge Village 09-064F 1515 Wurst Road Deputy Chief Stanley declared that all of the properties read into the record are within the City of Ocoee. Vice Chair GodekMember Hopper , seconded by moved to authorize the city attorney to foreclose or reducing the lien to judgment in the cases of 09-216, 09-199, 09-240, 09-244, 09-012, 10-032, 07-106, 10-049, 09-258, 10-112, 09-155, 09-304, 09-182, 10-047, 07-149, 99-087, 09-246, 09-005, 09-064F. The motion carried unanimously. The deputy fire chief said that there will be a few more of these properties coming to the board. Page 13 of 14 Code Enforcement Board Minutes October 26, 2010 Board Meeting Schedule Vice Chair M. GodekMember Alexander , seconded by , moved to have a meeting in November and not December. The motion carried unanimously. COMMENTS Member Alexander wished everyone a Happy Halloween Vice Chair M. Godek thanked the code enforcement staff for their work. Member Hopper – commended the deputy fire chief for his efforts to batch the cases which will save both time and money. ADJOURNMENT Meeting adjourned at 9:15 p.m. Attest: APPROVED: ________________________________ _______________________ Stella McLeod, M. R. Coordinator Robert Godek, Chairman Page 14 of 14