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HomeMy WebLinkAbout11-23-2010 Minutes DRAFT MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 23, 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 Osborne 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 Hopper, Lowery, Osborne, and Alternate Member Kelley. Also present were Code Enforcement Officer Officers Loeffler and Siegrist, Fire Inspector Sorenson, Administrative Assistant Ballard, Attorney Tom Feeney, and Recording Clerk Stella McLeod. ABSENT: Members Sais and Alexander, 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 October 26, 2010, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 10-294, 10-299, 10-300, 10-301, and 10-311 were transferred to consent.) Case Number Respondent Location of Violation 1)10-281 Andrea Moss 1806 Prairie Lake Blvd 2) 10-282 Jacqueline Bonavitacola 1705 Ison Lane Eric A. Bonavitacola 3) 10-283 Morgan Kane 1702 Prairie Lake Blvd. 4) 10-284 Charles A. Chreptak 1517 Prairie Lake Blvd. Michelle A. Chreptak 5) 10-285 Timothy Hembrook, Jr. 1500 Prairie Lake Blvd. 6) 10-286 Deborah L. Adams 1421 Prairie Lake Blvd. Amie M. Damonte Code Enforcement Board Minutes November 23, 2010 7) 10-287 Claudia M. Gomez 1414 Prairie Lake Blvd. 8) 10-288 Theodore W. Holden 410 Hager Drive Kelly A. Holden 9) 10-289 Gregory P. Burgenstock 1816 Prairie Lake Blvd. 10) 10-290 Tobin Frey 507 Shumard Oak Drive 11) 10-291 Jean Roman 6806 Cross Cut Court Virinia Roman 12) 10-292 Anes Norvelus 2497 Laurel Blossom Circle Yseline Norvelus 13) 10-293 Gurmail Singh 2351 Laurel Blossom Circle Jit Kaur 14) 10-294 Newland Dal Keith 3045 Spicenut Court 15) 10-295 Janice Budhoo 2453 El Marra Drive 15) 10-296 Chaitram Samaroo 2389 El Marra Drive 16) 10-297 Lydia Palleja 5032 Sawdust Circle 17) 10-298 Kenneth / Catherine Wear 5014 Timber Ridge Trail 18) 10-299 Dindial Singh 2098 Bent Grass 19) 10-300 Miguel Ramos Ibarra 498 Wurst Road 19) 10-301 Randy / Lisa R. Hippensteel 1230 Russell Drive 18) 10-302 Jason P Silguero 1237 Russell Drive Adrianna Silguero-Milhorn 19) 10-311 Latrece Jett 2388 El Marra Drive C.Order of Continuance - None. Vice Chair M. Godek, Alt. Member Kelley, seconded by moved to approve the Consent Agenda as presented by city staff. Motion carried unanimously. Vice Chair M. Godek, Member Lowery seconded by, moved to hear the cases in the following order: Case Nos. 09-240 and 10-081; 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. Page 2 of 9 Code Enforcement Board Minutes November 23, 2010 HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Member Osborne, Vice Chair M. Godek, seconded by moved to re-hear case #09-240 for the purpose of a possible fine reduction. The motion carried unanimously. Case No. 09-240 – InTouch Wireless 9401 W. Colonial Drive Ste 244 Officer Sorenson Violation (s) Cited: NFPA I (14.14.1.5.1), NFPA194.5.8), NFPA 1 914.13.1.3) 08-11-09 NOV Re-inspection 8-18-09 08-21-09 SOV 08-21-09 NOH Meeting Date: 09-22-09 08-21-09 POS Reg. & Certified Mail 09-22-09 CO Motion per C.E.B.: to comply by 10-07-09 or be fined $100.00 per day, per violation until in compliance. Also pay cost of administrative fees. 09-29-09 CO Reg. & cert. mail 09-29-09 POS Reg. & cert. mail 10-08-09 ANC 11-02-09 OIFL 11-03-09 POS Reg. & cert. mail 11-25-09 AOC 12-03-09 OIFL Total due: $12,900.00 12-10-09 POS Reg. & cert. mail 08-18-10 CLS Reg. mail – responded 10-28-10 FO(foreclos.order) 10-28-10 POS Reg. & certified mail Observation: Exit lights, em ergency lights Officer Sorenson said that the case was ready and he was waiting to hear the respondent’s side of the story. He stated that the case was in compliance as of November 25, 2009. The chairman asked if that was just because the officer called the respondents or did the officer Officer Sorenson just go to the property. answered that he went there after the respondent said that the work was done. Mr. Nick Wilson , 668 Orange Avenue, pt. 2405; regional manager for Intouch Wireless, said that the company has two properties within the West Oaks Mall: an inline store and a kiosk. His predecessor (Steven Marc Angelo) did not deal with the matter of an exit sign nor the fire extinguisher. Mr. Angelo was not communicative with the board, but the property did come Mr. Wilson into compliance, said. He is requesting reduction of fine given that his predecessor is no longer with the company. They have renovated kiosk in the mall. He asked the board to reduce the fine. His store has become a corporate store which should be much more aesthetically pleasing. Member OsborneChairman Godek asked what the current fine was. replied that the fine Vice-Chair M. Godek was $12,900. asked if the fine was $100 per day per violation. Officer Sorenson answered that it was $100/day for the one violation. The board concluded Page 3 of 9 Code Enforcement Board Minutes November 23, 2010 that it was about 48 days. Since there are three violations it would be 48 days times three. Vice-Chair M. Godek asked if everything was up to par and if there were any additional Officer Sorenson issues. said he took them to the board previously for a fire extinguisher in Member Osborne 2010 and that the board had set a cost recovery of roughly $500. asked for Officer SorensonMember Hopper the cost to the City. answered $984.25. said that he is glad that Mr. Wilson is here, and that Ocoee needs good businesses here. He encouraged Mr. Wilson to stay on top of things. He commended Mr. Wilson for showing up at the meeting. Vice-Chair M. GodekMr. Wilson asked if he was based out of Orlando. said that he goes Mr. Wilson there about once per month. stated that he will be in Orlando permanently when Vice-Chair M. Godek questioned him further. Mr. Wilson introduced his business partner to the board. Member LoweryVice-Chair M. Godek , seconded by , moved that in case #09-240, the board recommends to the commission that the fine be reduced to $2,985.00. The motion carried unanimously. Chairman Godek During discussion portion of the motion, asked where Member Lowery Member LoweryMember came up with the amount. said that he did not really know. Hopper said that he thinks that since the business is under new management and that the board would like to keep businesses in the City, he could agree with it (the recommendation). Vice-Chair M. Godek reminded the board that they will just be making a recommendation to commission. Attorney Feeney offered clarification of the board’s role, confirming that they will be making a recommendation to the commission. The chairman reminded the respondents that they will still need to show up for the commission meeting to hear what the commission decides about the matter. Case No. 10-081 – Maggie Jones 1104 Doreen Avenue Officer Siegrist for Officer Rodriguez Violation Cited: 51-13 04-14-10 NOV Re-inspection date: 05-03-10 05-06-10 SOV 05-06-10 NOH Meeting Date: 05-25-10 05-06-10 POS Reg. & Certified Mail 05-13-10 POS 05-27-10 OContin. Extension until 08-24-2010 05-27-10 POS Reg. & cert. mail 08-24-10 CO Extension 10-15-2010 10-19-10 ANC 10-26-10 CO Found in violation as of 10-15-10. Comply by 11-13-10 or fine of $100.00 per day until compliance. Observation: Obtain required permits. Page 4 of 9 Code Enforcement Board Minutes November 23, 2010 Officer Siegrist presented the case and gave its history. There is an affidavit on file of non- compliance from November 16, 2010. The property owner came to the City on November 8, 2010, to get a permit, but property failed inspection on November 9th. It was determined that an engineer must certify the structure from footer to roof shingle. This information was faxed to the respondent. Vice-Chair M. Godek expressed his confusion about how one gets an inspection without a Officer SorensonMember permit. said that it may have been a courtesy inspection. OsborneOfficer Sorenson asked if this was a conversion of a porch to something else. said that it was a room enclosure. He was not sure if it was a neighbor’s complaint or not when Member Osborne asked him about it. Maggie Jones Keen , 1102 Doreen Avenue, said that she turned in plans earlier today to Ricky (no last name given). Inspectors were concerned with the headers, so they got an engineer to do the drawing. The City, however, is requiring a notarized letter about the drawings, so she is asking for an extension. She said that the house is going in to foreclosure. Chairman Godek asked how much time she thinks she needs. She replied that she needed Chairman Godek about two weeks. asked when the engineer she hired came and inspected th her house. She said that the engineer came out on the 19 and certified the drawings on the Vice-Chair M. Godek 23rd. said that when an engineer stamps a set of drawings, more is usually required like a certified letter stating that everything is up to par. He continued that if the engineer is able to give her a raised-stamp sealed drawing, he should be able to give her Vice-Chair M. Godek the notarized letter. added that the engineer is taking on some liability if the structure is not sound. Member OsborneChairman Godek asked if the board is just giving an extension. said that Member Osborne the board can either impose fine or give an extension. said that the City does have dollars invested in this process. Member LoweryMember Osborne , seconded by , moved that in the case of #10-081, the board extend the compliance date to December 10, 2010. The motion carried unanimously. Vice-Chair M. Godek During the discussion phase of the motion said that he felt the board was being generous on the time. Ms. JonesOfficer Siegrist asked the process from this point on. answered that he would get with her tomorrow. Case No. 10-308 Donald C. / Cecilia Lombardi 2007 Shari Lynn Terrace Officer Loeffler Violation Cited: LDC 6-4 H. (6)(b) 09-20-10 NOV Re-inspection 11-01-10 11-10-10 SOV 11-10-10 NOH Meeting Date: 11-23-10 Page 5 of 9 Code Enforcement Board Minutes November 23, 2010 11-10-10 POS Reg. & Certified Mail Observation: Prohibited trailer storage / parking location; two trailers both in front of the front building line (driveway). Officer Loeffler presented the case and gave its history. The presentation exhibits included photos. The property is non-compliant as of today with no calls to the City from the respondent, Officer Loeffler reported. The chairman asked if the City's letter to the respondent was Officer LoefflerVice-Chair M. Godek signed for. said ‘no’. asked if the complaint was Officer Loeffler made by a neighbor and answered in the affirmative and added that there were several complaints about trailers on that same street. Vice-Chair GodekAlt.Member Kelley , seconded by , moved that in case #10-308, the respondent be found in violation as of November 28, 2010, and that they come into compliance by December 3, 2010, or face a fine of $150 per day thereafter. The motion carried unanimously. Case No. 10-309 – Faris M. Crews 1013 Sarah Lee Lane Officer Loeffler Violation Cited: 6-4(6)(b), 168-4A(1)(16), 108-23Q, 108-24D, 115-5 10-03-10 NOV Re-inspection date: 11-10-10 11-10-10 SOV 11-10-10 NOH Meeting Date: 11-23-10 11-10-10 POS Reg. & Certified Mail Observation: Prohibited trailer storage / parking location: (trailer with jet skis in front yard) motorized vehicle with trailer parked / stored on grass easement, dilapidated / falling wood fence gate, misc. junk, debris, parts littering property: (wheels, etc.,) motorized vehicle parked upon and blocking pedestrian sidewalk, tall weed and grass throughout portions of the rear yard. Officer Loefller presented the case and gave its history (photos included). Member OsborneOfficer Loeffler asked if there was a pool in back of the property. said Officer LoefflerOfficer ‘no’. She then asked if it was a safety issue. said that it was not. Loeffler said that there has been no change in the property and that the driveway is still blocked. He added that there had never been a case for this property. Alt. Member KelleyMember Hopper , seconded by , moved that in case #10-309 that the respondents be found in violation as of November 10, 2010, and be given until December 10, 2010 to come into compliance or face a fine of $100 per day per violation for each day the violation remains non-compliance. The motion carried unanimously. rd Chairman Godek During the discussion phase, asked if the non-compliance date was the 3 thth Member Hopper or the 10. realized that the date was the 10 and not the third and adjusted Page 6 of 9 Code Enforcement Board Minutes November 23, 2010 Member Osborne his motion. asked why the fine was so low by comparison to the previous case. The members reminded her that the fine for the current case is $100 per day per violation. Case No. 10-310 – Dana Peck 1108 Bellini Avenue Officer Loeffler Violation Cited: 108-19A.C.D., 108-22, 108-23I.J.Q. 10-21-10 NOV Re-inspection date: 11-08-10 11-10-10 SOV 11-10-10 NOH Meeting date: 11-23-10 11-10-10 POS Reg. & cert. mail Observation: Occupancy of dwelling without approved connection to portable water supply and electric utility, miscellaneous junk, debris on property, broken front window glass. Dilapidated fence and gate, (electrical extension cord(s) passing through utility room window along fence, along back fence, along neighbor’s back fence enroute to unknown location, electric meter removed / missing with dangerous exposed / uncovered meter- box. Officer Loeffler presented the case and gave its history (photos included). There are seven violations on the property, the officer reported. As of today, the property is Member OsborneOfficer Loeffler non-compliant. asked if the house is in foreclosure. said Member Hopper not according to what he knew. asked if anyone had spoken to the Officer Loeffler respondent. answered that he had not, but when he visited the house, he Member Lowery could hear occupants. No one answered the door, however. asked if there Officer Loeffler is water running to house. answered that there is no water running to the house. Officer Loeffler said that the utilities department has checked to make sure that the meter is Vice-Chair M. Godek still locked. said there’s a fire code which they could utilize to gain Officer Loeffler entrance to the house. replied affirmatively and answered that he does his Vice-Chair M. Godek due diligence and unplugs the cord whenever he goes to the property. Member Lowery asked if the City could get into the property. said that for all that the board Officer Loeffler knows, the owner could be away and someone is squatting on the property. Alt.Member Kelley said that Progress Energy has been out and put a lock on the meter. Vice-Chair M. Godek said they may not be stealing. said it is still a fire code violation. Officer Loeffler is asking that the board find the property in violation. Vice-Chair M. Godek said the issue is that someone is getting power into the house illegally without water. Alt. Member KelleyMember Osborne , seconded by , moved in case #10-310 that the respondent be found in violation as of October 31, 2010 and be given until December 10, 2010 to come into compliance or face a fine of $100 per day per violation for each day thereafter. The motion carried unanimously. Page 7 of 9 Code Enforcement Board Minutes November 23, 2010 Member Hopper During the discussion phase of the motion, said that he would like to see Vice-Chair M. the respondent be required to come into compliance sooner than the 10th. GodekOfficer Loeffler asked if the fire department could take a look at it. said he would Alt. Member Kelley contact the fire department. said he had no problem making the change but with the holidays coming, the paperwork might not make it there in time. He wants to give them a realistic amount of time so that there is no excuse [for not meeting the deadline for compliance]. Case No. 10-248 – Diane and Alfred Leopold 419 Abbeyridge Court. Officer Loeffler for 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 10-26-10 CO Found in violation as of 09-21-10. To comply by 11-05-10 or fine $100 per day, per violation 11-09-10 ANC Observation: Demolition of screen enclosure without required permit, plans, approval and inspections. Swimming in pool green and dirty water, multiple people renting rooms in the home. Officer Loeffler presented the case and gave its history. A permit was issued to the property and it is on the door with an inspection sheet. This case has had other violations. Vice-Chair M. Godek said that the guy who said that he was going to move in obviously did Officer Loeffler not move in. reported that the pool is green with frogs. The screen enclosure is gone. They are in compliance with the screen enclosure and the permit. Chairman GodekAttorney Feeney asked if the board is imposing fine. said ‘yes’. Vice-Chair M. Godek, Member Lowery seconded by , moved that in case #10-248, the respondents be found in compliance of violations 51-13 and 108-25 as of November 8, 2010, and that a fine of $100 per day be imposed effective November 6, 2010 for violation of 115.5- 6. The motion carried unanimously. 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 10-26-10 CO Found in violation as cited, to comply by 11-22-10 or fine $100 per day. Page 8 of 9 Code Enforcement Board Minutes November 23, 2010 Observation: Miscellaneous junk, trash, debris, orange fencing material in backyard visible to adjacent neighbors and across lake park visitors. Officer Loeffler gave the board an update. The property is in non-compliance. The officer is requesting that the board impose fine. Vice-Chair M. GodekAlt. Member Kelley, , seconded by moved in case #10-271 to impose fine effective November 23, 2010. The motion carried unanimously. OTHER BUSINESS None. COMMENTS Officer Siegrist – The officer reported that the property in the last case had really been cleaned up. He presented photos. Attorney Feeney - said that he is thrilled to be back and wished everyone a Happy Thanksgiving. Member Kelley – wished everyone a wonderful thanksgiving and be safe. Vice-Chair M. Godek – wished everyone a happy and safe holiday. Member Lowery – wished everyone a joyful & prosperous time. He added that he is looking forward to a good 2011. Chairman Godek –praised the board for a good job, said that he was looking forward to a good year next year. Happy Thanksgiving and Merry Christmas. ADJOURNMENT Meeting adjourned at 7:59 p.m. Attest: APPROVED: ________________________________ _______________________ Stella McLeod, M.R.C. / Recording Secretary Robert Godek, Chairman Page 9 of 9