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HomeMy WebLinkAbout11-27-2012 Minutes CODE ENFORCEMENT BOARD MINUTES NOVEMBER 27, 2012 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. Vice - Chairman Lowery led the invocation and Member Carrington led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice- Chairman Lowery, Members Blynder, Carrington, Kelley and Osborne. Also present were Asst. Support Services Director / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler, Carmen Delgado and Robert Siegrist; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Member Amey was absent excused. GUESTS: None. Administrative Assistant Ballard administered the oath to the code enforcement officers and to 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 OCTOBER 23, 2012, Code Enforcement Board Meeting B. Dismissal or Compliance (Cases #12 -205, 12 -208, 12 -217, 12 -218, 12 -219, 12 -224, 12 -228, 12 -231, and 12 -238, were transferred to the consent agenda) Case Number Respondent Location of Violation C. Order of Continuance (JANUARY 22, 2013 Meeting) Case Number Respondent Location of Violation 12 -230 JOSEPH / LEE ANN TRUETT 504 Withers Court Member Kelley, seconded by Member Carrinjiton, 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. 12-204-- Francisco Laborico 115 Cokles Key Drive Officer Delgado Violation Cited: 115 -3 09 -20 -12 NOV Re- inspection date: 10 -08 -12 10 -10 -12 SOV 10 -10 -12 NOH Meeting Date: 10 -23 -12 10 -10 -12 POS Regular and certified Mail 10 -23 -12 OC Meeting date: 11 -27 -12 Observation: Miscellaneous junk / debris on back / side and front of property. Officer Delgado presented the case and gave its history. Photos were presented as exhibits. As of today, the property is not in compliance. The owner was given time to obtain a permit; hence, the case was moved from the October meeting to the November meeting. Mr. Francisco Laborico, 115 Cokles Key Drive in Ocoee, FL, came forward with his son to speak about the case. He said (speaking through his son, Fernando, who translated) that the items in question are equipment that they use for work. He has been unable to get a permit for the shed because he needs to first provide a blueprint to the building division. At this time, Mr. Laborico continued, work is slow, and he cannot pay the contractor to obtain the blueprint. Chairman Godek said that the neighbors can see all of this junk in the meantime. Vice - Chairman Lowery asked if they had reviewed any other options for storage. The son replied that they had looked into storage. The vice - chairman replied using a storage facility appears to be their only option. Mr. Laborico said that they can throw away the trash, but they do not want to put their tools in storage (shovels and such) because they may need those tools for a job. Vice - Chairman Lowery itemized the things that he saw in the photos that could be stored in the garage. Mr. Fernando Laborico replied that they do not have a garage. The vice - chairman reiterated that storing the debris in a storage facility seems like the most reasonable alternative. Office Delgado added that there are motors on the property as well as bed rails and a screen door, so it is not just work equipment. Member Carrington asked why the trash had not already been thrown out in the two months that the respondent had been given. The member concluded that Mr. Laborico either did not understand the gravity of his situation or he did not care to know the gravity of it. This makes Member Carrington question why the board should not go ahead and find the respondent in violation and assess fines Page 2 - immediately. Member Blynder asked if anything had been removed in six months. The son replied that the paint cans and plywood had been removed. Member Osborne asked which day of the week the respondent has trash pick -up. The son replied that the pick -up is on Friday. Chairman Godek asked if the respondent had an idea of when the clearance of the property would be done. There was no response. Following further discussion, Attorney Sneed reminded the board that with this being a first violation, they must give time for compliance before a fine can be assessed according to the statutes. Member Osborne, seconded by Member Blynder, moved that in Case #12 -204, the respondents be found in violation as cited as of October 12, 2012, and be given until December 14, 2012, to come into compliance or be fined $100 per day, per violation. Vice - Chairman Lowery stressed to the respondent the importance of looking into alternative storage options. Member Carrington stated he did not expect to see the respondents back at the next board meeting. The motion carried unanimously. Case No. 12 -214 – Augustina Academy / Grassland Enterprises, Inc. 253 Ocoee Apopka Road Officer Delgado Violation Cited: 51 -13 09 -28 -12 NOV Re- inspection date: 10 -16 -12 10 -24 -12 SOV 10 -24 -12 NOH Meeting date: 11 -27 -12 10 -24 -12 All docs sent by Regular & certified Mail Observation: Installed windows / door and electrical without required permits, plans, approval and inspections. Officer Delgado presented the case and gave its history. As of today, the property is not compliant with the City. Member Osborne asked if the property was being used. Officer Delgado answered `no'. The property is a commercial location. Member Osborne asked if the property had a daycare on it. The officer replied `no'. The word `academy' on the docket is actually the respondent's last name. Mr. Fabian Cook, P.O. Box 585373, Orlando, FL 32858, the electrical contractor initially hired to work on the project, came forward to speak about the case. His company installed the electrical panel. Because he would be on vacation in Hawaii at the time of installation, he gave the property owner power of attorney to pull a permit for the panel only. When he returned from vacation, however, he found that Ms. Academy had other work performed for which additional permits would be required according to the building division. Mr. Cook said that he is here to clear his company from the project because the respondent has not agreed to pay the fees for the additional work required. Chairman Godek asked if there was an electrical permit pulled. Officer Delgado said that an electrical — -- Page 3 permit was pulled, but the permit had expired (it had never been picked up by the requester). Subsequently, the building division revoked it and placed a `stop -work order' on the project. The work was therefore done without a permit. Vice - Chairman Lowery verified with Mr. Cook that he replaced the panel. Mr. Cook confirmed that he replaced the panel. Mr. Cook continued by saying that the work was inspected, but the inspection revealed that there was additional work that needed to be done to bring the building up to code electrically. Mr. Cook spoke to the owner and quoted them a price to do the work. No response has been received by him from the owner /respondent. Following further discussion, it was established by the board with confirmation of the code enforcement officer that the panel work was not inspected, nor any of the other work that was performed due to the expiration of the permit and the subsequent stop -work order. Chairman Godek asked if there had been any contact from the owner. Officer Delgado answered that she had heard nothing from the owner, but that she had heard that the owner has been in contact with the building division. Member Kelley asked if there was a case against the owner. Attorney Sneed clarified that it is this current case which is against the owner. Chairman Godek asked if a pre- inspection was done by the building division. Before Officer Delgado answered, Building Official Jim Washington entered the meeting, was sworn in, and gave testimony. The building official explained that he believed the respondent was given poor information. During the inspection he performed at the property, Mr. Washington said that he discovered problems with the windows and doors. It was an unmanaged job, the official said. The folks on the job site doing the work (not Mr. Cook personally) were clueless as to how to do the job. Mr. Washington spoke with Mr. Cook about what would need to be done. Mr. Cook made contact with the owner about what needed to be done. Building Official Washington has since received an email from Mr. Cook declaring that he would be withdrawing his license from the job as is his right under Florida statute. With respect to the respondent, Mr. Washington said that a new contractor applied for a permit for the windows separately. He explained to the contractor that due to the way the original job was handled, the contractor would need to do a one -time interior build -out, with one permit, with all their trades in and all their drawings done. They have not been forthcoming, the building official said. Attorney Sneed said that the board can dismiss the case against Mr. Cook and proceed with the case against the respondent. Member Carrington, seconded by Member Kelley, moved that in Case #12 -214, the case against Grassland Enterprises, Inc. be dismissed because the contractor has withdrawn his license from the project as allowed under Florida statute. The motion carried unanimously. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #12 -214, the respondent, Augustina Academy, be found in violation as October 15, 2012, and be given until December 15, 2012, to comply or be fined $250 fine per day until compliance is reached. The motion carried unanimously. Page 4 - — Case No. 12 -226 — Ian Davis / Melissa Lewandowski 902 Jamela Drive Officer Siegrist Violation Cited: 51 -13 10 -02 -12 NOV Re- inspection date: 10 -30 -12 10 -03 -12 SOV 10 -03 -12 NOH Meeting date: 11 -27 -12 10 -03 -12 Does sent by Regular & certified Mail Observation: Work without permit. One (1) large canopy (tent) with structure on north side of yard. Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. As of today the property was re- inspected and observed to be non - compliant. Chairman Godek asked if any contact had been made by staff with the respondent. Officer Siegrist responded affirmatively. The officer added that the tenants had tried to get a permit for the tent, but were unable to so far. Member Kelley asked how one gets a permit for a tent. Officer Siegrist answered that the tenants might not be able to get one. Mr. David Lewandowski, 902 Jamela Drive, stated that he lives at the home and has tried to contact his landlord. He tried to get a permit at the City, but was told he could not get one. Chairman Godek said that given that Mr. Parkes cannot get a permit, he will have to find other options. Mr. Lewandowski asked what other options existed. Vice - Chairman Lowery answered that Mr. Lewandowski will have to take the tent down. Further discussion ensued. Mr. Lewandowski said that he did not get the paperwork about the code violation until the day before yesterday. Member Carrington, seconded by Member Osborne, moved that in Case #12 -226, the respondents be found in violation as cited as of October 29, 2012, and be given until December 14, 2012, to comply or be fined $100 per day, per violation. The motioned carried unanimously. Case No. 12 -239 — Joanne Westover / Any Unknown Tenant Entity / Gregory Parkes 1005 Ginger Spice Lane Officer Loeffler Violation Cited: 115- 3,108 -35, 108 - 19,108 -22 11 -11 -12 NOV Re- inspection date: 11 -14 -12 11 -14 -12 SOV 11 -14 -12 NOH Meeting date: 11 -27 -12 11 -14 -12 POS Regular & certified Mail Observation: Occupancy of a dwelling and allowing occupancy of a dwelling in violation of Ocoee minimum housing standards. Unsanitary conditions affecting the health, safety and welfare of the public and occupants. No electrical or water utilities required to meet sanitary source of potable water and electrical service supply required for sanitary operation of waste system, hot and cold water supply, potable water supply, and mechanical perishable food storage. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. There was no electrical power or water to the home, which constitutes an unsanitary living condition. There is now partial compliance as electrical service has been reestablished. There is still no compliance with respect to water / -- -- Page 5 utilities. The officer added that the City indicated that a notarized document from the property owner verifying possession of the property to occupy will allow reconnection to water service. All that is needed from the tenant is a reasonable timeframe to vacate the property or the presentation of the necessary document to reestablish a water / utility connection. Attorney Sneed asked what violations remained. The officer answered that all of the violations remained except 108 -22. Mr. Gregory Parkes, 1005 Ginger Spice Lane, spoke for the case. Chairman Godek stated to Mr. Parkes that he needs to present the proper documents to reestablish water service. Mr. Parkes replied that he cannot locate the property owner. He said that he has not been able to re- establish water service because an Ocoee police officer (Officer Rogan) took some sort of action against him. Vice - Chairman Lowery clarified with Mr. Parkes that he cannot find the owner. When asked who he rents from, Mr. Parkes said that he did not know; that he had made a one -time payment to the owner. Members Osborne and Carrington asked why he cannot get the water service reinstated. Mr. Parkes replied that he was told that it was due to Ocoee police. Member Osborne stated that she still did not understand what the problem was. Officer Loeffler said that a notarized letter is needed from him stating that he is the tenant. Member Kelley asked who reconnected the electrical power. Officer Loeffler answered that it was Progress Energy. Member Kelley then asked that it be explained why there was sufficient documentation to re- establish electrical power, but not utilities. Officer Loeffler said that he had no knowledge of Progress Energy's policies. Further discussion ensued. Ocoee Police Officer Rogan spoke about the case. She stated that she had been in contact with the property owner who has said that Mr. Parkes did not have a legal right to be on the property. The property is currently in foreclosure. The bank now owns the property, but will not respond to the police officer's attempts to establish contact. The property owner, however, is still listed as having title to the property. Attorney Sneed advised the board that they can determine whether or not a violation exists, and if the board thinks that there is, the board can give a time whereby the matter must be resolved. Further discussion ensued. Officer Loeffler stated that the City is asking for a reasonable compliance time. Member Osborne moved that in Case #12 -239, the respondents be found in violation as cited as of November 11, 2012; however in compliance with 108 -22 and still in violation in 108 -3, 108 -35, 108 -19, 115 -3, and be given until December 21, 2012, to comply or be fined of $100 per day, per violations. The motion failed for lack of a second. Further discussion ensued. - -- -- Page 6 • Member Carrinjiton, seconded by Member Osborne, moved that in Case #12 -239, the respondents be found in violation as cited as of Noembery 11, 2012, with regards to 115 -3 108 -35, 108 -19 and that they be found in compliance with 108 -22, although originally in violation of it at time of the issuance of the notice of violation; the respondent shall be given until December 28, 2012, to come into compliance or be fine $100 per day, per violation for each day the violations remain. The motion carried unanimously. Mr. Parkes clarified that he has until December 28 to resolve the matter and questioned the fact that his family will go another month without water service. Member Carrington explained that the board's position regarding this case is to make decisions relating to the code violations presented to them, not to reestablish Mr. Parkes' water service. Case No. 12 -178 — Marciela Cook 1 Sundial Key Drive Officer Delgado Violation Cited: 51 -13 09 -05 -12 NOV Re- inspection date: 09 -17 -12 09 -19 -12 SOV 09 -19 -12 NOH Meeting date: 11 -27 -12 09 -19 -12 POS Regular & certified Mail 10 -23 -12 OC Meeting date: 11 -27 -12 Observation: Carport and poured concrete without required permits, plans, approval and inspections. Officer Delgado presented the case and gave its history. As of today, the property is non - compliant. Chairman Godek asked if the respondent had obtained a permit for the carport. Officer Delgado answered `No.' Member Kelley, seconded by Member Osborne, moved that in Case #12 -178, the respondent be found in violation as cited as of September 15, 2012, and be given until December 14, 2012, to comply or bejined $100 per day, per violation for each day of non- compliance. The motion carried unanimously. • Case No. 12 -180 — Farias Ma 1603 Jemima Avenue Officer Siegrist Violation Cited: 51 -13 07 -18 -12 NOV Re- inspection date: 09 -19 -12 09 -26 -12 SOV 09 -26 -12 NOH Meeting date: 10 -23 -12 09 -26 -12 POS Regular & certified Mail 10 -23 -12 OC Meeting date: 11 -27 -2012 Observation: Work without permit including: room addition in back of house, south / eased, approximately 12'X 20 "; backyard wooden deck and roof over septic tank; and new shed, south side of property, not meeting set -back requirements. Officer Siegrist presented the case and gave its history. Photos were presented as exhibits as well as a letter from the City to the occupant. The letter contained a recommendation that the services of a design professional be secured since the documents submitted thus far obtain a permit. Member Blunder, seconded by Member Kelley, moved that in Case #12 -180, the respondent be found in Page 7 -- violation as cited as of November 18, 2012, and be given until December 21, 2012, to come into compliance or be fined $250 for each day violation remains in non - compliance. The motion carried unanimously. Case No. 12 -209 – Denver R. Harper Estate 97 Deer Key Court Officer Delgado Violation Cited: 108-24D,108 -22, 108-21, 108-19F,108-231, 108-23R, 108-23E, 108-191 04 -05 -12 NOV Re- inspection date: 09 -17 -12 10 -24 -12 SOV 10 -24 -12 NOH Meeting date: 11 -27 -12 10 -24 -12 All docs sent by Regular & certified Mail Observation: Replace or install panel to side of kitchen cabinet. Repair floor in bathroom by tub, floor is rotten and water damaged. Install smoke detectors near sleeping areas and make operable. Repair windows to be weather and watertight. Repair damaged ceiling in back bedroom. Repair light fixture and place globe /cover in back bedroom. Officer Delgado presented the case and gave its history. Officer Delgado spoke to the owner who got rid of the tenants. The officer had kept the case on hold waiting for the owner to take action. The officer asked the board if she could make one presentation for both cases. The board attorney said that they are two different cases so the board will handle them separately. The water has been turned on for the new tenant, but the property is not in compliance because the officer has not re- inspected the home. Chairman Godek asked how the water was turned on if the home couldn't pass the minimum housing standards inspection. Officer Delgado answered that the home only had to meet minimum standards, but the violations still exist. She added that she still needs to get into the home to do the inspection. The attorney instructed the board to list all of the violations when a motion is made. Further discussion ensued. Member Osborne, seconded by Vice - Chairman Lowery, moved that in Case #12 -209 the respondents be found in violation of 108 -22, 108 -21, 108 -19F 108 -231, 108 -23R, 108 -23E, 108 -191 as of April 12, 2012, and be given until December 14, 2012, to comply or be fined $100 per day, per violation. The motion carried unanimously. Case No. 12 -215 – Denver R. Harper Estate 97 Deer Key Court Officer Delgado Violation Cited: 108 - 35,108 -23, 108-27, 108-24D3, 115-3, 115 -5, 115 -7 09 -20 -12 NOV Re- inspection date: 10 -23 -12 10 -24 -12 SOV 10 -24 -12 NOH Meeting date: 11 -27 -12 10 -24 -12 All docs sent by Regular & certified mail Observation: Squatters in unsecure mobile home accessible with open/broken windows. Miscellaneous junk / debris on property and overgrown grass or weeds. Officer Delgado presented the case and gave its history. She reported that she observed an extension cord - — Page 8 that went from a window at 97 Deer Key Court to 96 Deer Key Court. Violations 108 -24D3 and 115 -7 were removed because they were deemed to be duplications of other violations cited. Member Osborne asked why the officer cited the respondents in the previous case for several of the 108 - 23I and 108 -23E violations, but in this case she only cited them for 108 -23. The officer replied that this was due to the observation of the cord from the window, broken windows and the like attempting to notify owner that people were breaking into the property and it needed securing. Further discussion ensued. Attorney Sneed said the board should not find any repeating violations because the respondents have already been fined for that. The the board cannot have two cases for the same violations; different violations, yes; but not duplicate violations. Further discussion ensued about the violations with the board expressing concern about potential piling on of citations. Attorney Sneed advised that the board will likely find the respondents in violation as of September 30, 2012, but in compliance as of today. There will be no fine assessed. Further discussion ensued. Member Osborne, seconded by Member Carrington, moved that in Case #12 -215, respondents be found violation of 108 -35, 108 -27, 115 -3, 115 -5 as of September 30, 2012, and in compliance as of 7, 2012, with no fine assessed at this time. The motion carried by majority roll call vote of 4 to 2, with Members Kelley and Blynder dissenting . Case No. 12 -234 — Beverly Bellinger / Christopher Jones 844 Patriots Point Drive Officer Delgado Violation Cited: 115- 3,115- 6,108 -35 11 -06 -12 NOV Re- Inspection date: REPEAT VIOLATION 11 -06 -12 SOV 11 -06 -12 NOH Meeting date: 11 -27 -12 11 -06 -12 POS Regular & certified mail Observation: Dog feces all over back screen patio. Swimming pool water dirty and green. Officer Delgado presented the case and gave its history. As of today, the property is in non - compliance with the City. She has had no contact with the owner. When Mr. Jim McNickel of 1830 Patriots Point Drive was sworn in, he testified that the dog feces is there again. He asked for the board's assistance to alleviate the problem. Attorney Sneed advised the board to ask for the date that the mess was cleaned up to get an idea of how long it was in repeat violation. Member Carrington asked the question. Mr. McNickel answered that it was cleaned up on the 19th of November. The board asked about the code rules. Further discussion ensued. Member Kelley asked about the property's condition as of today. Officer Delgado said the pool is not in compliance. Page 9 - -- -- -- Member Blynder, seconded by Member Carrington, moved that in Case #12 -234, the respondent be found in repeat violation as cited as of November 6, 2012, and be fined $500 per day, per violation until compliance is reached. Discussion ensued. Member Kelley questioned the board's actions regarding the large amount of the fine. Member Carrington said something needs to be done to capture the homeowner's attention. Member Osborne said she did not think that the respondents will care what the penalty is. The motion carried unanimously. Case No. 12 -212— Thomas DiPaolo / Any Unknown Financial Entity 453 Howell Court Officer Loeffler Violation Cited: 108- 35,115 -3 10 -19 -12 NOV Re- Inspection Date: N/A 11 -12 -12 SOV 11 -12 -12 NOH Meeting date: 11 -27 -12 11 -13 -12 All docs sent by Regular & certified Mail Observation: Wide -open unrestricted access to dwelling and in- ground swimming pool with unsanitary water: residential neighborhood — residents report juveniles and young adults entering and leaving property. Dangerous, attractive public nuisance conditions. Evidence of juvenile egress including spray painted graffiti within structure. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The City is seeking authorization to abate the property and to add the cost to the fine. Vice - Chairman Lowery, seconded by Member Carrington, moved that in Case #12 -212, the respondents be found in violation as cited as of October 19, 2012, for violations of 108 -35 and 115 -3, and be given until December 7, 2012, to come into compliance or be fined $250 per day, and that the City be authorized to abate the property and add the cost to the fine. The motion carried unanimously. Case #12 -225 James / Laura Tyler 955 Red Dandy Drive Officer Delgado Violation Cited: 115 - 5,115 -7 10 -16 -12 NOV Re- inspection date: 10 -26 -12 10 -31 -12 SOV 10 -31 -12 NOH Meeting date: 11 -27 -12 10 -31 -12 All docs sent by Reg. & certified mail Observation: Overgrown grass / weeds. Officer Delgado presented the case and gave its history. Photos were presented as exhibits. As of today, the property is non - compliant. Member Blynder moved that in Case #12 -225 the respondents be found in violation as cited as of October 26, 2012, and be given until December 14, 2012, to comply or be fined $50 per day for each day property is -- ... — -- Page 10 non - compliant. The motion died for lack of a second. Member Kelley, seconded by Member Carrington, moved that in Case #12 -225, the respondents be found in violation as cited as of October 26, 2012, and given until December 14, 2012, to comply or be fined $250 per day for each day of non- compliance. Vice - Chairman Lowery asked if this was the same motion as before. Board members answered `no'. The vice - chairman then asked if there were any complaints about the property. Officer Delgado said there were several complaints. Member Osborne expressed discomfort with the amount of the penalty. The motion carried 4 to 2 by roll call vote, with Members Blynder and Lowery dissenting. * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *M recessed @ 09: 04 . m. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *M resumed @ 09:14 p. m. ) * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** (Member Carrington did not return from the break. He spoke with the board chairman prior to leaving.) Case No. 12 -229 — Kristopher Keeler, Sarantsasral Natsagdorj / Marantsatsral Natsagdorj 1784 Cassingham Circle Officer Loeffler Violation Cited: 115- 3,108 -35, 108 -24 10 -25 -12 NOV Re- Inspection date: 10 -31 -12 11 -12 -12 SOV 11 -12 -12 NOH Meeting date: 11 -27 -12 11 -13 -12 All does sent by Regular & certified mail Observation: Fence down, wide open access from school playground to unsanitary pool and wide -open house. Unsecured wide - open access to pool and wide -open back door from front yard. Evidence of juvenile egress- dangerous public nuisance. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. Bank of America was contacted and a reply was received saying that the problem would be corrected. One door had an impaired padlock. As of today the property is non - compliant. The City is requesting authority to abate. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #12 -229, the respondents be found of in violation of 115 -3, 108 -35 and 108 -34 as of October 31, 2012, and be given until December 7, 2012, to comply or face a fine of $250 per day, per violation for each day of non - compliance and that the City be authorized to abate the property and add the cost of abatement to the fine. The motion carried unanimously. Page 11 — — Case No. 12 -235 - Christopher/Tammy/Peter/Nadra Paliki, Larry Hancock Tree Service c/o Larry Hancock 325 Sterling Lake Drive Officer Siegrist Violation Cited: 105.4 10 -25 -12 NOV Re- Inspection date: 11 -06 -12 11 -06 -12 SOV 11 -06 -12 NOH Meeting date: 11 -27 -12 11 -06 -12 All docs sent by Regular & certified mail Observation: Expired City permit #1200494/2183 -2012. Tree removal (1) and replacement (1). Officer Siegrist presented the case and gave its history. The case is being presented against the property owner(s) only. Photos were submitted as exhibits. As of today, the property is in non - compliance. Mr. Larry Hancock is no longer a part of the case, the officer reported. Member Osborne, seconded by Member Kelley, moved that in Case #12 -235, respondents Chris, Tammy, Peter, and Nadra Paliki (only) be found in violation as cited as of November 5, 2012, and be given until December 14, 2012, to comply or be fined $250 per day. Vice - Chairman Lowery asked if the respondents had called to say that they are in compliance. Officer Siegrist responded that they called today for the first time at about 5:00 p.m., and said that they were in compliance, but he has not inspected the property. The motion carried unanimously. Case No. 12 -237- Suzanne / William Clark, THR Florida, LLC 711 Starke Lake Circle Officer Loeffler Violation Cited: 115 - 3,108 -35 10 -24 -12 NOV Re- Inspection date: 11 -12 -12 11 -12 -12 SOV 11 -12 -12 NOH Meeting date: 11 -27 -12 11 -13 -12 All docs sent by Regular & certified mail Observation: Wide -open unsecured street and front access to enclosure doors with large lower missing screen panels. Neighbors report child and adult egress: conditions constituting a dangerous attractive public nuisance. Officer Loeffler presented the case and gave its history. As of today, the property is non - compliant with respect to the gate, pool and the screen panels. Officer Loeffler requested to remove the owner's name from the case since the property has been sold. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12 -237, the respondent, THR of Florida, LLC, be found in violation as cited as of November 4, 2012, and be given until December 7, 2012, to comply or be fined $250 per day for each day of non - compliance with an authorization for the City to abate and then add the abatement cost to the fine. The motion carried unanimously. -- -- - Page 12 Case No. 12 -240— Denver R. Harper Estate 19 Cedar Key Court Officer Delgado Violation Cited: 108 -19 11 -14 -12 NOV Re- Inspection date: 11 -15 -12 11 -14 -12 SOV 11 -14 -12 NOH Meeting date: 11 -27 -12 11 -14 -12 POS Regular & certified mail Observation: No open water account since October 12, 2012, with City of Ocoee Utilities Department. Multiple families living in single family mobile home with over 9 children. Officer Delgado presented the case and gave its history. On November 16, 2012, the water was connected. As of today, the property is in compliance. Member Osborne asked why the tenants of this property were not cited whereas other tenants in previous cases were cited. Officer Delgado answered that in this case, she did not know who the tenants were since there was no water account (which is how the identity of the tenants is established). Upon the officer's notification to the owner, the owner took action and eliminated the multiple families. This left one tenant who obtained water service. Further discussion ensued. Member Osborne, seconded by Vice - Chairman Lowery, moved that in Case #12 -240, the respondents be found in violation as cited as of November 15, 2012, and in compliance as of November 16, 2012, and that no fine be assessed. The motion carried unanimously. OTHER BUSINESS Case No. 12 -136— Juan / Juanita Ayala 410 Little Spring Hill Drive Officer Loeffler Violation Cited: 6- 4H(6)(b), 168-6B(1)(a)(b), 108-24 07 -12 -12 NOV Re- Inspection Date: 07 -28 -12 08 -15 -12 SOV 08 -15 -12 NOH Meeting Date: 08 -28 -12 08 -15 -12 POS Regular & Certified Mail 08 -28 -12 Compliance Order Found in violation as of 07 -27 -2012 to comply by 09 -12 -12 or fine of $100.00 per day, per violation. 09 -25 -12 Board Order Impose fine. 10 -01 -12 OIF /L 10 -01 -12 POS Certified mail 10 -09 -12 AOC 10 -23 -12 OIF /L Total due: $6000.00 10 -23 -12 POS Certified mail 10 -26 -12 RFR of fine Meeting date: 11 -27 -12 Observation: Trailers and construction equipment parked / stored: front yard of corner lot location. Old appliances sitting in yard. Parking vehicle on grass. Page 13 There was no one present to defend this case. Vice - Chairman Lowery, seconded by Member Osborne, moved that in Case #12 -136, the board will not hear the case. The motion carried unanimously. Case No. 12 -179 – Joseph Marra 338 N. Bluford Avenue Officer Delgado Violation Cited: 115 -1, 1153, 115 -5, 115 -7 09 -05 -12 NOV Re- Inspection date: 09 -19 -12 09 -19 -12 SOV 09 -19 -12 NOH Meeting date: 10 -23 -12 09 -19 -12 POS Regular & certified mail 10 -15 -12 POP 10 -23 -12 CO Found in violation as of 09 -15 -12 for codes 115 - 1,115 -3, and 115 -5. To comply by 11 -05 -12 or fine of $250.00 per day until compliance. Observation: Dead tree and tree limbs lying on ground. Miscellaneous trash / debris. Overgrown grass or weeds on lot. The officer reported that violation 115 -1 is in non - compliance, and 115 -3 and 115 -5 are in compliance. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12- 179, fine be assessed for 115 -1 as of November 6, 2012. The motion carried unanimously. Case No. 12 -183 – Aumtep Hill 7 Roseberry Court Officer Delgado Violation Cited: 115 -6 09 -11 -12 NOV Re- Inspection date: 09 -24 -12 10 -03 -12 SOV 10 -03 -12 NOH Meeting date: 10 -23 -12 10 -03 -12 All docs sent by Regular & certified mail 10 -15 -12 10 -23 -12 CO Found in violation as of 09 -19 -12 of Code 115 -6. To comply by 11 -05 -12 or fine of $250.00 per day until in compliance. Observation: Swimming pool dirty and green. Officer Delgado reported that the property is in compliance. No further action is required. Case No. 12 -184– Stanley / Annette Brown 2418 Quet Waters Loop Officer Delgado Violation Cited: 115 - 3,115- 5,115 -7, 115 -6 09 -14 -12 NOV Re- Inspection date: 09 -25 -12 09 -28 -12 SOV 09 -28 -12 NOH Meeting date: 10 -23 -12 09 -28 -12 POS Regular & certified mail 10 -23 -12 CO Found in compliance of codes 115 -3, 115 -5 as of 10 -23 -12 and in violation as of 09 -25 -12 for code 115 -6. To comply by 11 -12 -12 or fine of $200.00 per day until in compliance. Observation: Overgrown grass or weeds. Swimming pool dirty and green. Screen enclosure around swimming pool damaged - -- — Page 14 — leaving pool accessible and unsafe. Officer Delgado reported that the property is in compliance. No further action is required. Case No. 12 -194— Akpinar Esma Ipek 115 Hopewell Drive Officer Siegrist Violation Cited: 115 -3 09 -06 -12 NOV Re- Inspection date: 09 -24 -12 10 -03 -12 SOV 10 -03 -12 NOH Meeting date: 10 -23 -12 10 -03 -12 POS Regular & certified mail 10 -12 -12 POP 10 -23 -12 CO Found in compliance as of 09 -21 -12 for codes 115 -5. In non - compliance for code 115 -3 as of 10- 23 -12. To comply by 11 -05 -12 or fine of $250.00 per day until in compliance. 11 -06 -12 AONC 11 -27 -12 Impose fine as of 11- 06 -12. Observation: Weed / grass over 10 ". Also miscellaneous trash / debris on property. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12 -194, fine be imposed as of November 6, 2012. The motion carried unanimously. Case No. 12 -200— William / Kenda Burlingham 2741 Cullens Court Officer Loeffler Violation Cited: 168 -6 09 -11 -12 NOV Re- Inspection date: 10 -02 -12 SOV 10 -02 -12 NOH Meeting date: 11 -27 -12 10 -02 -12 All docs sent by Regular & certified mail 10 -23 -12 CO Found in violation as of 09 -21 -12 of code 168 -6. To comply by 11 -02 -12 or fine of $250.00 per day until in compliance. Observation: Two (2) flat - bed cargo trailers parked / stored: front driveway and front yard grass. Officer Loeffler reported that the property is compliant. No further action is required. Vice - Chairman Lowery, seconded by Member Kelley, moved that the board not meet in December, but return for the regular meeting scheduled in January 2013. The motion carried unanimously. COMMENTS Assistant Director / Code Enforcement Manager Doug Gaines — reminded the board of the February 5th code enforcement workshop to be presented by the City attorney and said that they should have all gotten the email about it. The workshop will take place at 6:00 p.m., right before the commission meeting and will - _ - - -- -- Page 15 include the City commissioners, code enforcement officers, the code enforcement board attorney as well as the code enforcement board members. Board Attorney Sneed — advised the recording clerk to make note that Member Carrington did not return from the break and that he spoke with the board chairman about it. She added her wishes to everyone for Happy Holidays. Vice - Chairman Lowery — thanked the citizens for their involvement and cooperation. He wished everyone a safe holiday and said that things seem to be going in the right direction. He congratulated the officers on doing a great job. Member Osborne — thanked the officers for handling the hard cases for which they should be recognized. Member Kelley — concurred with Vice - Chairman Lowery and Member Osborne. Member Carrington — (having returned) lauded the officers and spoke of his enjoyment at working on a board that works to set standards pertaining to the rights of property owners and expressed his appreciation for everyone's efforts. Chairman Godek — echoed the general sentiments wishing all a Merry Christmas and Happy New Year; he encouraged people to apply for the vacant board position. Chairman Godek reminded everyone about the Ocoee Christmas Parade at 1:00 p.m. on Saturday. The chairman added that December l5 is the Turkey Shoot at the Boys and Girls Club. ADJOURNMENT Meeting adjourned at 9:50 p.m. Tr ST: 0 AP: • dVED: / / / II A-1107:41% v irella W. M`Leod, CEB Recor: • I g • . R 1 bert 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 16 —