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HomeMy WebLinkAbout11-22-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 22, 2005 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:05 p.m. in the Commission Chambers at City Hall. Member Morton led the Invocation and Chairman Godek led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice-Chairman Chancey, Morton and Stanley. Also present were Code Enforcement Officers Braddy-Bagwell, Loeffler, and Rodriguez, Permitting Clerk Ramos, Attorney O'Quinn, Attorney Vouis, and Deputy City Clerk Brasher. ABSENT: Member Amey, Alternate Member Dillard and Alternate Member Lenko, who were excused. Member Hopper, who was unexcused. Permitting Clerk Ramos administered the oath to Building Official Jones, Code Enforcement Officers Braddy-Bagwell, Rodriguez, and Siegrist, and anyone intending to speak regarding a case. Chairman Godek congratulated Member Morton on his appointment from Alternate Member to Regular Member status on the Code Enforcement Board. 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 Item A & B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, October 25,2005. B. Dismissal or Compliance Case Number Respondent 1. 05-096 Salvador & Raquel Arteaga 2. 05-103 Sun Central Development Inc 3. 05-116 Glenn C. & Diane M. Alford 4. 05-097 Dollar Supermarket & TSSC LLC 5. 05-104 Pham Uyen 6. 05-112 Christopher & Barbara Hobart 7. 05-113 Bruce L. & Teresa A. Burgess Location of Violation 106 Spring Lake Cir 750 S. Bluford Ave 1400 Prairie Lake Blvd 11119 W. Colonial Dr 109 W. Oakland St 1004 Aldane Court 501 Spring Lake Cir Code Enforcement Board Minutes November 22, 2005 8. 05-114 9. 05-115 Angel T. Byer Leonardo Digiovanni 1408 Daria St. 305 Sterling Water Dr Member Morton. seconded bv Vice-Chairman Chancey. moved to approve the Consent Aaenda as presented. Motion carried 4-0. 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-APPLlCATION 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 Vice-Chairman Chancey. seconded bv Member Stanley. moved to hear Case Nos. 05-096, 05-105. 05-111. 05-117. 05-059. and 05-082 as the next items on the aaenda. Motion carried 4-0. Case No. 05-096 - Lencho Cabrales & Jesse H. Cabrales 24 Rewis Street Officer Rodriguez Violation Cited: LDC 6-4 H (5)(b); 165-3; 115-5 09-14-05 NOeV Re-Inspection Date: 09-30-05 10-06-05 SOV 10-06-05 NOH Meeting Date: 10-25-05 10-25-05 ooe 11-01-05 SOV 11-01-05 NOH Meeting Date: 11-22-05 11-03-05 P~S . Hand Delivery Observation: Two hauling trailers stored in violation of code, two untagged vehicles on the property and overgrown weeds/grass. Officer Rodriguez, having been sworn, gave a detailed history of the Case and stated the property was in non-compliance. Questions and Comments Reaardina Case No. 05-096 Lencho Cabrales, having been sworn, stated he still has one untagged trailer on his property and it is a home made trailer. He asked for a 30 day extension to come into compliance. 2 Code Enforcement Board Minutes November 22, 2005 Member Stan/ev. seconded bv Member Morton. moved in Case No. 05-096 to find the Respondent in violation of Section LDC 6-4 H as of September 27. 2005. but to aive until December 21. 2005. to complv or impose fine of $50 per day. Motion carried 4-0. Case No. 05-105 - Teachers Insurance Annuity Associates of America & Marco Anthony Italian Restaurant 2642 S. Maguire Road Officer Siegrist Violation Cited: 119-2 10-12-05 NOeV Re-Inspection Date: 10-27-05 11-03-05 SOV 11-03-05 NOH Meeting Date: 11-22-05 11-08-05 POS eertified Mail Observation: Operating a business within corporate eity limits without a current eity Occupational License. Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the case, stated the property was in compliance but is a repeat violator. Questions and Comments Reaardina Case No. 05-105 Marco Anthony, having been sworn, said due to health reasons, he had been unable to obtain the Occupational License in a timely manner. Vice-Chairman Chancey. seconded bv Member Stan/ev. moved in Case No. 05- 105 to find the Respondent in violation of Section 119-2 as of Auaust 19. 2005. but in compliance as of November 7. 2005. and no fine imposed. Motion carried 3-1 with Member Morton votina no. Case No. 05-111- Miryam & William Armas, Ocoee RSS Inc. ADG 101 Bowness Road LLC 340 Franklin Street Officer Siegrist Violation Cited: 108-23 I, Q, R(1); M(1) & (2); 108-24 D; 108-22; 165-3 A 09-26-05 NOCV Re-Inspection Date: 11-09-05 SOV 11-09-05 NOH Meeting Date: 11-22-05 11-09-05 P~S eertified Mail Observation: Inoperable/missing smoke alarms. Unventilated bathrooms. Torn/missing screens. Broken, damaged, inoperable windows. Hot-water tank relief valve not vented to exterior. Missing back-flow prevention devices on hose-bibs. Overgrown grass and weeds Misc. junk, trash, and debris littering property. Accessory buildings, front porch and fence in dilapidated/rotted condition. Damaged exterior walls. Damaged window sashes. Not-to-code electrical wiring and fixtures. Dilapidated interior ceiling and walls. Accessory structure exterior door dilapidated/damaged including in-operable hardware. Untagged dump truck. large semi-trailers over 24 construction vehicles and equipment. 3 Code Enforcement Board Minutes November 22, 2005 Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the case and stated the property was in compliance with Sections 108-19 I, 108-19 A, 108-20 B, 108-23 0, 108-23 K; 115-5, and 119-2 but in non-compliance as of November 22,2005, with Sections 108-23 1,108-23 Q, 108-23 R (1),108-23 M (1) & (2), 108-24 D, 108-22, and 165-3. Questions and Comments Reaardina Case No. 05-111 Vice-Chairman Chancey asked what the property was zoned. Officer Siegrist said the property is zoned C-2 which can be used as a business or a resident but not both and the Respondents are living on the property as well as running a business on the property without an Occupational License. William Armas, having been sworn, stated he can't get an Occupational License because he would need to submit a Site Plan but he no longer wants to have this type of business at this location. Chairman Godek advised the Respondents that the property needs to be cleared of all trailers, equipment, and storage containers. Mr. Armas said he is willing to move off the property within 30-60 days and have the property cleared within 90 days. Member Stan/ev. seconded bv Vice-Chairman Chancey. moved in Case No. 05- 111 to find the Respondents in violation of Sections 108-23 I. Q. R (1). M (1) & (2). 108-24 D. 108-22. and 165-3 A as of October 26. 2005. but to aive until January 23. 2006. to complv. or impose fine of $250 per day. Motion carried 4-0. Case No. 05-117 - Romeo Maniego 557 Shoal Creek Drive Officer Siegrist Violation Cited: 51-13 10-27-05 NOeV Re-Inspection Date: 11-11-05 11-10-05 SOV 11-10-05 NOH Meeting Date: 11-22-05 11-12-05 POS eertified Mail Observation: Accessory structure (possible shed) south side of house in backyard without permit. Officer Siegrist, having been sworn, gave a detailed history of the case, presented exhibits, and stated the property was in non-compliance. Questions and Comments Reaardina Case No. 05-117 Romeo Maniego, having been sworn, stated he applied for a permit but it was denied and he asked for a 30 day extension to remove the structure. Vice-Chairman Chancey. seconded bv Member Stanlev. moved in Case No. 05- 117 to find the Respondent in violation of Section 51-13 as of November 7. 2005. but to aive until December 23. 2005. to complv or impose fine of $50 per day. Motion carried 4-0. 4 Code Enforcement Board Minutes November 22, 2005 Vice-Chairman Chancey. seconded bv Member Stanlev. moved to hear Case No. 05-059 for reduction of fine. Motion carried 4-0. Case No. 05-059 - Bobby James Harris 907 Alaska Drive Violation Cited: 108-19 A & I; 108-22; 108-23 E(1) & R(1) 06-07-05 NOev Re-Inspection Date: 07-15-05 07 -19-05 SOV 07 -19-05 NOH 07 -19-05 POS 07 -26-05 ooe 07 -27 -05 SOV 07 -27 -05 NOH 07-28-05 POS 08-10-05 POS 08-12-05 POS 08-23-05 eo 09-07-05 AONe 11-01-05 AOe 11-08-05 RFR/ROF Observation: Roof not watertight/weather tight; interior ceilings and walls in bathroom not in good condition; no safe, adequate and constant supply of potable water; electrical wiring and equipment not maintained to NEe code; smoke alarms not installed near sleeping areas and operable. Officer Siegrist Meeting Date: 07-26-05 eertified Mail Meeting Date: 08-23-05 eertified Mail Regular Mail Posting Given until 9-6-05 or pay $250 per day Officer Siegrist, having been sworn in, gave a detailed history of the case and stated the property was in compliance and the City has occurred $300 in costs. Questions and Comments Reaardina Case No. 05-59 Robin Roseti, having been sworn, stated she purchased the property in July 2005, without knowledge of any code violations and she had to have the tenants evicted before she could get the property into compliance. Vice-Chairman Chancey. seconded bv Member Stanlev. moved in Case No. 05-059 to reduce the fine to $0. Motion carried 4-0. Case No. 05-082 - Dobson's Woods & Water, Inc. C/O: Larry K. Dobson & Laurie M. Dobson, Registered Agent Officer Loeffler 851 Maguire Road Violation Cited: LDC 4-3; 51-13 06-23-05 NOeV Re-Inspection Date: 08-17-05 08-17 -05 SOV 08-17-05 NOH 08-18-05 POS 08-23-05 eo Meeting Date: 08-23-05 Hand Delivery Given until 11-18-05 to submit Site Plan and all supporting documentation or pay $200 per day. 5 Code Enforcement Board Minutes November 22, 2005 Observation: Required large-scale Site Plan not submitted to Planning Department. Un-permitted construction activity including, but not limited to, driveway/gravel surfaces/parking storage area installations, storage shed construction/installation. multiple above-ground fuel-tank storage and dispensing devices and related electrical and electrical service for un-permitted shed. Officer Braddy-Bagwell, having been sworn, gave a detailed history of the case and stated the City per Community Development Director Wagner and Building Official Jones, is requesting an extension until the January 2006, Code Enforcement Board Meeting. Questions and Comments Reaardina Case No. 05-082 Larry Dobson, having been sworn, stated he is trying to obtain a Small Scale Site Plan and has all the documentation required except for the photometric. He requested a compliance date extension. Member Morton. seconded bv Member Stanlev. moved to continue Case No. 05- 082 until the Januarv 23. 2006. Code Enforcement Board Meetina. at the request of the City. Motion carried 4-0. Case No. 01-106 - Dean Harper Inc 50% Int. and Denver R. Harper 50% Int. 1312 E. Silver Star Road Officer Rodriguez Violation Cited: 115-5 10-11-05 NOeV Re-Inspection Date: 10-25-05 11-04-05 SOV 11-04-05 NOH Meeting Date: 11-22-05 11-08-05 POS Certified Mail 11-14-05 POS Regular Mail 11-11-05 POS Posting Observation: Lot with tall weeds/grass. Officer Rodriguez, having been sworn, presented exhibits, gave a brief history of the Case, and stated the property was in non-compliance. Questions and Comments Reaardina Case No. 05-106 Member Stanlev. seconded bv Vice-Chairman Chancey. moved in Case No. 05- 106 to find the Respondents in violation of Section 115-5 as of October 24. 2005. but to (Jive until December 12. 2005. to complv. or impose fine of $250 per day. Motion carried 4-0. Case No. 05-107 - Dean Harper Inc 50% Int. and Denver R. Harper 50% Int. 1304 E. Silver Star Road Officer Rodriguez Violation Cited: 115-5 10-11-05 NOeV Re-Inspection Date: 10-25-05 11-04-05 SOV 11-04-05 NOH Meeting Date: 11-22-05 6 Code Enforcement Board Minutes November 22, 2005 11-08-05 POS eertified Mail 11-14-05 POS Regular Mail 11-11-05 POS Posting Observation: Lot with tall weeds/grass. Officer Rodriguez, having been sworn, presented exhibits, gave a brief history of the Case, and stated the property was in non-compliance. Questions and Comments Reaardina Case No. 05-107 Member Stanlev. seconded bv Vice-Chairman Chancey. moved in Case No. 05- 107 to find the Respondents in violation of Section 115-5 as of October 24. 2005. but to aive until December 12. 2005. to complv. or impose fine of $250 per day. Motion carried 4-0. Case No. 05-108 - Denver R. Harper and Emmett Harper 416 Ocoee Hills Road Violation Cited: 115-5 10-11-05 NOev Re-Inspection Date: 10-25-05 11-08-05 SOV 11-08-05 NOH Meeting Date: 11-22-05 11-08-05 POS eertified Mail 11-14-05 POS Regular Mail 11-11-05 POS Posting Observation: Lot with tall weeds/grass. Officer Rodriguez Officer Rodriguez, having been sworn, presented exhibits, gave a brief history of the Case and stated the property was in non-compliance. Questions and Comments Reaardina Case No. 05-108 Member Stanlev. seconded bv Vice-Chairman Chancey. moved in Case No. 05- 108 to find the Respondents in violation of Section 115-5 as of October 24. 2005. but to aive until December 12. 2005. to complv. or impose fine of $250 per day. Motion carried 4-0. Case No. 05-109 - Emmett D. Harper, Rickey D. Harper, Rodney Harper, Steven Harper, and Lisa R. Harper Officer Rodriguez 424 Ocoee Hills Road Violation Cited: 115-5 10-11-05 Noev Re-l nspection Date: 10-25-05 11-08-05 SOV 11-08-05 NOH Meeting Date: 11-22-05 11-08-05 POS eertified Mail 11-14-05 POS Regular Mail 11-11-05 POS Posting Observation: Lot with tall weeds/grass. 7 Code Enforcement Board Minutes November 22, 2005 Officer Rodriguez, having been sworn, presented exhibits, gave a brief history of the case and stated the property was in non-compliance Questions and Comments Reaardina Case No. 05-109 Member Stan/ev. seconded bv Vice-Chairman Chancey. moved in Case No. 05- 109 to find the Respondents in violation of Section 115-5 as of October 24. 2005. but to aive until December 12. 2005. to complv. or impose fine of $250 per day. Motion carried 4-0. Case No. 05-110 - Alberto M Layag & Pricila S. Layag 2018 Hedgerow Circle Violation Cited: 115-5; 115-11 B 10-27 -05 NOev Re-Inspection Date: 11-01-05 11-09-05 SOV 11-09-05 NOH Meeting Date: 11-22-05 11-09-05 POS eertified Mail Observation: Tall weeds/grass front and/or backyard of property. Officer Rodriguez Officer Rodriguez, having been sworn in, gave a detailed history of the case and stated the property was in compliance. Questions and Comments Reaardina Case No. 05-110 Discussion ensued regarding the Administrative Penalty Fee as to whether it was applicable to this case. Vice-Chairman Chancey. seconded bv Member Stanlev. moved in Case No. 05- 110 to find the Respondents in violation of Sections 115-5 and 115-11 B as of October 30. 3005. in compliance as of November 22. 2005. but to assess an Administrative Penaltv Fee of $100 for Section 115-11 B. Motion carried 4-0. Case No. 05-101 - David Young and Patricia Young 475 Meadow Sweet Officer Braddy-Bagwell Violation Cited: 51-13 08-09-05 NOev Re-Inspection Date: 10-05-05 10-13-05 SOV 10-13-05 NOH Meeting Date: 10-25-05 10-13-05 POS eertified Mail 10-25-05 CO Given until 11-21-05 or pay $50 per day. Observation: Failure to obtain permit for a shed in rear yard. The addition application has been in the Building Department with comment on the plans needing to be changed. eomments sent by fax on 12- 29-04, then by mail on 12-29-04. The structure was erected without a permit first obtained. 8 Code Enforcement Board Minutes November 22, 2005 Officer Braddy-Bagwell, having been sworn in, gave a detailed history of the case and stated Questions and Comments Reaardina Case No. 05-101 Member Stanlev. seconded bv Vice-Chairman Chancey. moved in Case No. 05- 101 to impose fine of $50 per day. effective November 22. 2005. Motion carried 4-0. Vice-Chairman Chancey. seconded bv Member Stanlev. moved to cancel the December Code Enforcement Board meetina. Motion carried 4-0. COMMENTS Building Official Jones - Thanked the board for their nice actions and wished everyone a happy Thanksgiving. Code Enforcement Officer Rodriguez - Happy Thanksgiving! Code Enforcement Officer Braddy-Bagwell- Happy Holidays! Attorney Vouis- Happy Holidays! Chairman Godek - Welcomed Member Morton to being a permanent member of the board. Member Stanley - Happy Holidays! ADJOURNMENT Meeting adjourned at 8:45 p.m. Attest: 8red~C'8rk Holly Aycock, Administrative Assistant III 9