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Home My WebLink About08-27-2013 Minutes CODE ENFORCEMENT BOARD MINUTES AUGUST 27, 2013 CALL TO ORDER Chairman Robert Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers at City Hall. Member Carrington gave the invocation, and Member Kelley led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, and Members Blynder, Carrington, Kelley, and Osborne. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado and Edward Loeffler; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Vice - Chairman Lowery and Member Amey were 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 JULY 23, 2013, Code Enforcement Board Meeting Assistant Support Services Director - Code Enforcement Manager Doug Gaines presented the dismissals - compliances as well as the continuances. B. Dismissal or Compliance Case Number Respondent Location of Violation 13 -082 ROGER DELL COLLIER 345 BLUFORD AVENUE OFFICER SONYA KAY COLLIER LOEFFLER SHERYL LYNN COLLIER DELORES COLLIER WENDY DIANE COLLIER CIO SONIA K GILLARD 13 -090 ANDREWS CHRISTOPHER BLAN 307 LONGSHADOWS COURT OFFICER DELGADO Case Number Respondent Location of Violation 13 -093 MARRA JOSEPH J 338 N BLUFORD AVENUE OFFICER DELGADO 13 -098 STANLEY / ANNETTE BROWN 2418 QUIET WATERS LOOP OFFICER DELGADO 13 -100 RUSSELL N HARPER 97 DEER KEY COURT OFFICER DELGADO 13 -101 ISABEL EVANS FREEMAN TRUST 163 W SILVER STAR ROAD OFFICER DELGADO 13 -102 COLFIN Ai -FL4 LLC 6810 LUMBERJACK LANE OFFICER C/O CAH MANAGER LOEFFLER 13 -103 FAGALIE ALEXANDRE 1779 CAMBRIDGE VILLAGE OFFICER FATIMA ALEXANDRE COURT DELGADO 13 -104 HANSRAJ LEONNE 1732 CAMBRIDGE VILLAGE OFFICER COURT DELGADO C. Order of Continuance (AUGUST 27, 2013 Meeting) Case Number Respondent Location of Violation 13 -085 YASSIM / BIBI SATTER 206 E SILVER STAR ROAD OFFICER SIEGRIST 13 -097 PABLO VELAZQUEZ 806 URSULA STREET OFFICER BEDA TORRES SIEGRIST ANGEL HAMMOCK Member Kelley, seconded by Member Carrington, moved that the consent agenda be accepted as presented. Motion carried unanimously. Page 2 - 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 - POS, 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. 13 -091 BSR LEARING LLC / LEARNING EXPRESS TOYS OF WINDERMERE 2564 Maguire Road ILIANA MAVINKURVE / TEACHERS ANNUITY ASSN. OF AMERICA Violation Cited: 51 -13 Officer Delgado Observation: Installed sign at Learning Express without required permits, plans, approval and inspections. 05 -21 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 07 -18 -13 07 -23 -13 STATEMENT OF VIOLATIONS 07 -23 -13 NOTICE OF HEARING MEETING DATE: 07 -27 -13 07 -23 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 07 -20 -13 (DISMISS CONTRACTOR FROM CASE) TO COMPLY BY 09 -10 -13 OR FINE OF $50.00 PER DAY. 08 -28 -13 AFFIDAVIT OF COMPLIANCE Officer Delgado presented the case and gave its history. As of today, the property is non - compliant. The City recommends a 14 -day extension to remove the sign. Officer Delgado stated that the contractor was released from case because he was not the one who installed the sign. Member Kelley inquired whether staff recommends the sign be removed or if they want the respondents to get a permit for the sign. The officer said that the respondents could do either one, but the respondents want to take the sign down. Speaking for the case were Ms. Iliana Mavinkurve, 2564 Maguire Road and Ms. Kirsten Nussbaum, 995 W. SR 434 #210. Ms. Mavinkurve stated that they wanted to remove the sign and get the proper permits according to the City's code. Ms. Nussbaum said that the sign manufacturer mislead Ms. Mavinkurve previously as to what needed to be done. They have since hired another contractor. Ms. Nussbaum stated that the sign in question is being removed first thing tomorrow morning. Member Kelley, seconded by Member Carrinzton, moved that in Case #13 -091 the respondents be found in violation as cited as of June 20, 2013, and be given until September 10, 2013, to comply or pay $50 per day for each day the violation remains in non - compliance. Motion carried unanimously. - -- — — Page 3 -. -- Case No. 13 -092 Colfin Ai-F1 4 LLC / Csfr Colfin American Investors LLC/ Colony Financial 1952 Edinborough Place Officer Loeffler Violation Cited: 115 -3, 108 -35, 115 -5, 115 -6 Observation: neglected property responsibility – unsecured wide -open access to a unsanitary in ground swimming pool. Wide -open unsecured access to physical structure. Evidence of juvenile and unauthorized access including mattresses, ashtrays, fast food, beer and cans, clothing, buckets dipped into swimming pool and poured into toilets for flushing. Conditions constituting a public nuisance and attractive nuisance presenting a danger to the public health, safety and welfare. Conditions creating a blighted Condition impacting the quality, character and value of the Neighborhood and the overall city. Overgrown tall weeds and grass (ownership effective 7 -8 -2013) 07 -31 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: N -A 08 -01 -13 STATEMENT OF VIOLATIONS 08 -01 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -01 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -16 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 07 -31 -13 (IN COMPLAINCE OF 108 -3, 115 -3 AS OF 08- 27 -13). TO COMPLY FOR 115 -5, 115 -6 BY 09 -06 -13 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AFTER 09 -06 -13 AND ADD COSTS TO FINE. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). Unknown persons ran from the property while the officer was at the location. The Ocoee Police Department was notified to check property routinely, and during one of those checks, an unauthorized person was discovered there. As of this date, the property has been secured, but the pool remains unsanitary and grass remains extremely overgrown (115 -5 and 115 -6). The City is recommending a 7 -day compliance time and $75 per day fine for non - compliance. Member Osborne confirmed that it was the pool that constituted the public health nuisance. The officer answered that this was correct, and the pool was all taken care of. Chairman Godek asked if staff wanted authorization to [continue to] see to the pool matter. Officer Loeffler answered that he would like it if they could include a provision that would allow code enforcement to do so at code enforcement's discretion. Member Osborne, seconded Member Carrinjiton, moved that in Case #13 -092 the respondents be found in violation as cited as of July 31, 2013, and be found in compliance of 115 -3, 108 -35, but not in compliance of 115 -5, and 115 -6 and be given until Friday, September 6th to comply or be fined $50 per day, per violation, and that the City be authorized to abate the property nuisances with cost to be added to the fine. Motion carried unanimously. While Member Osborne was making the motion, Board Attorney Sneed brought the member's attention that Monday would be a non - mail - delivery holiday. Member Osborne changed the compliance date to September 6th rather than the previously stated Tuesday, September 3` Page 4 - -- — — — Case No. 13 -105 1h2 Property Florida LP 2040 Cassingham Circle Officer Loeffler Violation Cited: 115 -5 Observation: neglected property maintenance: overgrown /tall weed and grass. Creating a blighted effect upon the community. 07 -16 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 08 -08 -13 08 -09 -13 STATEMENT OF VIOLATIONS 08 -09 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -09 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -13 COMPLIANCE ORDER FOUND IN VIOALATION AS OF 07 -31 -13 TO COMPLY BY 09 -06 -13 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AFTER 09 -06 -13 AND ADD COSTS TO FINE. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). As of this date, the property is non - compliant. The City is recommending a 3 -day compliance time limit with a $50 per day fine. The officer noted that the fence gate is unlocked and there is also an unsanitary pool. While those matters are not a part of this case, the officer declared, the information might assist the board in establishing a timeframe for compliance. Member Blynder, seconded by Member Osborne, moved that in Case #13 -105, the respondent be found in violation as cited as of July 31, 2013, and be given until September 6, 2013, to comply or be fined $50 per day and that the City be authorized to abate the nuisance if compliance is not reached; the cost of the abatement will be assessed to the fine. Member Kelley noted that board is not fining violators in such a way as to motivate investment companies to come into compliance with their properties. Member Blynder proposed an amendment to his motion. Member Blynder, seconded by Member Carrington, moved that in Case #13 -105, the fine be amended by increasing it to $100 per day. The amendment passed by a majority roll -call vote of 4 to 1 with Member Osborne dissenting. Regarding the motion, now containing the amendment, Motion passed by majority roll -call vote of 4 to 1 with Member Osborne dissenting. Case No. 13 -106 Elcinette C. Joseph 2026 Cassingham Circle Officer Loeffler Violation Cited: 115 -5, 108 -23Q Observation: dilapidated wood fence, overgrown /tall weeds and grass. 07 -16 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 08 -08 -13 08 -09 -13 STATEMENT OF VIOLATIONS 08 -09 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -09 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -13 COMPLIANCE ORDER FOUND IN VIOALTION AS OF 07 -31 -13 FOR CODES 108 -23Q, (IN COMPLIANCE Page 5 — - OF 115 -5 ON 07- 31 -13). TO COMPLY BY 09 -13 -13 OR FINE OF $ 50.00 PER DAY UNTIL IN COMPLIANCE. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). The tall grass was cut and is now in compliance, but the fence remains non - compliant. The City recommended a 15 -day compliance window at $25 per day for each day it is in violation. Chairman Godek clarified that the violation of 115 -5 was now in compliance. Officer Loeffler confirmed the same. Member Kelley, seconded by Member Blynder, moved that in Case #13 -106, the respondent be found in violation of 108 -23Q as of July 31, 2013, and be given until September 13, 2013, to comply or be fined $50 per day for each day the violation remains in non - compliance. Member Osborne questioned the amount of this fine versus the one in the previous case. She said that she disagreed with determining fines according to whether or not the board thinks the house is owned by an invester. Officer Loeffler interjected that this is an occupied -by -owner property with a history of tall grass. Member Kelley explained his rationale. The homeowner had corrected one of the two violations as opposed to the previous case where no such effort was made. Member Osborne asked if the homeowner had spoken to the officer. Officer Loeffler said that he has spoken to the homeowner, but she did not like talking to him and slammed the door. Member Carrington said that the respondent could have attended the meeting this evening. Motion passed with ma/ority roll -call vote of 4 to 1 with Member Osborne dissenting. OTHER BUSINESS Case No. 13 -036 Brian - Sara Beth Petersen, Air Excel LLC 1365 Olympia Park Circle Officer Loeffler Violation Cited: 51 -1, 105.4.1.2 Observation: abandoned, expired permit with no final inspection. Permit # 2554 -2012 (residential- mechanical -a -c change out -no duct work - indoor unit. 02 -01 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 03 -08 -13 04 -11 -13 STATEMENT OF VIOLATIONS 04 -11 -13 NOTICE OF HEARING MEETING DATE: 04 -23 -13 04 -11 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 04 -23 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 02 -15 -13 AS CITED FOR 105.4.1.2. TO COMPLY BY 05 -08 -13 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. Page 6 - - -- — 05 -28 -13 COMPLIANCE ORDER EXTENTION OF COMPLIANCE DATE TO 06 -08 -2013. 06 -25 -13 INPOSE FINE AS OF 06 -09 -2013 06 -26 -13 ORDER IMPOSING FINE -LIEN 06 -26 -13 PROOF OF SERVICE CERTIFIED MAIL 08 -01 -13 AFFIDAVIT OF COMPLIANCE 08 -01 -13 ORDER IMPOSING FINE -LIEN TOTAL DUE $1,300.00 08 -01 -13 PROOF OF SERVICE CERTIFIED MAIL Chairman Godek declared that, as is the board's custom, the board would not hear this case concerning a request for reduction of fine because there was no one present to speak on behalf of the request. COMMENTS Asst. Support Services Director - Code Enforcement Manager Doug Gaines — thanked the officers and citizens for reaching compliance as well as a happy Labor Day. Member Kelley — thanked the staff for the continuing decrease in non - compliant properties. ADJOURNMENT Meeting adjourned at 7:29 p.m. TT T: APPR • ED: i/ 4.■ /174""pi' i ella W. M CEB Re or. ' . C1-rk Robert Godek, Chairman Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. • Page 7 -- - --