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Home My WebLink About01-27-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JANUARY 27, 2004 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and the Invocation. The roll was called and a quorum was declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived at 7:08 p.m.), Members Chancey, Godek, Henderson, Konicek, Skiles, and Alternate Member Donenfeld. Also present were Building & Zoning Official Phelps, Enforcement Officers Braddy-Bagwell, Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Brasher. ABSENT: Member Stanley who was excused. 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 SEP ARA TEL Y. The Consent Agenda consisted of approval of Items A and B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, November 25, 2003. B. Order of Continuance - None Vice-Chairman Lenko, seconded by Member Konicek, moved to approve the Consent Agenda as presented. Motion carried 7-0. 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-APPLICATION TO FORECLOSE CO - COMPLIANCE ORDER CS - CONTINUED STAY CTR - COPY TO RESPONDENT EX-EXHIBITS Code Enforcement Board Minutes January 27, 2004 FS- FEES STAYED NOCV - NOTICE OF CODE VIOLATION NOH - NOTICE OF HEARING OAF - ORDER AUTHORIZING FORECLOSURE OIF/L- ORDER IMPOSING FINE/LIEN ONC - ORDER OF NON-COMPLIANCE OOC - ORDER OF CONTINUANCE PDFS - PER DAY FINE SUSPENDED POS - PROOF OF SERVICE RFR - REQUEST FOR REHEARING; RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE ROF- REDUCTION OF FINE SOV - STATEMENT OF VIOLATION (S) Permitting Clerk Ramos administered the oath to Code Enforcement Officers Loeffler, Siegrist and anyone intending to speak regarding a case. Building Official Phelps a stated that the following Cases were either withdrawn or in compliance: Case No. 03-001006, Case No. 03-001288, Case No. 03-003255, Case No. 03-003303, Case No. 03-003322, Case No. 03-003328, Case No. 03-003332, Case No. 03-003338, Case No. 03-003350, Case No. 03-003356, and Case No. 03-003364 Member Konicek, seconded by Member Skiles, moved to hear Case Nos. 03-003314, and 03- 003357, 99-074, 99-075, and 03-002719 as the next items on the Agenda. Motion carried 7-0. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 03-003314 - Church Harvest Church of God 153 West Silver Star Road Violation Cited: 51-13 11-19-03 NOCV Re- Inspection Date: 12-01-03 12-05-03 SOV 12-05-03 NOH Meeting Date: 01-27-04 12-10-03 POS Certified Mail Observation: Un-permitted work without permit. Officer Siegrist Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Pastor Nick Vaughn Carter representative for the church stated he was told by the previous City Manager and Mayor Vandergrift that a permit was not necessary unless they were adding on to the church. The Church then received a "Stop Work Order" and it took over three weeks of phone calls and leaving messages to get in touch with Mr. Phelps to discuss the issue. Mr. Carter stated that he received the engineering plans today and would be able to apply for the permit tomorrow. Building Official Phelps stated it could possibly take two to three weeks to review the permit application. 2 Code Enforcement Board Minutes January 27,2004 Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 03-003314 to find the Respondent in violation oj Section 51-13 as oj November 29, 2003, but to give until February 17,2004, to comply or impose fine oJ$200.00 per day. Motion carried 7-0. Case No. 03-003357 - John O. and Tracy L. Tingley 917 Hyland Spring Drive Violation Cited: 51-13 12-10-03 NOCV Re-Inspection Date: 12-29-03 01-07-04 SOV 01-07-04 NOH Meeting Date: 01-27-04 01-07 -04 POS Certified Mail 01-07 -04 POS Regular Mail Observation: Garage enclosure without permit. Officer Siegrist Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Building Official Phelps stated the permit was not turned down, the Building Department just required additional information in order to process/approve the permit application. Respondent Tracy Tingley, having been sworn, stated she has the additional information that was requested by the Building Department to finish the permit process. Member Chancey, seconded by Member Skiles, moved in Case No. 03-003357 to find the Respondents in violation oj Section 51-13 as oj August 10, 2003, but to give until February 17, 2004, to comply or impose fine oj $50.00 per day. Motion carried 7-0. Case No. 99-074 - Ruby Reeves 505 W. Franklin Street Violation Cited: 119-2 and 165-3 09-18-98 NOCV 03-16-99 SOV 03-16-99 NOH 03-18-99 POS 03-23-99 CO 04-01-99 AONC 04-27-99 OIF 01-20-04 RFR/ROF Observation: Canopy/carport and building with easy child access/public danger. Officer Loeffler Re-Inspection Date: 03-16-99 Meeting Date: 03-23-99 Delivery 03-30-99 or $250.00 a day 108-35 Case No. 99-074 - Ruby Reeves 505 W. Franklin Street Violation Cited: 119-2 and 165-3 Officer Loeffler 3 Code Enforcement Board Minutes January 27,2004 Re-Inspection Date: 03-16-99 09-18-98 NOCV 03-17-99 SOY 03-17-99 NOH 03-18-99 POS 03-23-99 VO 03-23-99 CO 04-01-99 AONC 04-27-99 OIF 01-20-04 AOC 01-20-04 RFR/ROF 04-01-99 thru 01-250-04 Total Due $438.750.00 Observation: Operating junkyard, auto storage/salvage, auto repair shop and towing service without license. Junk vehicles on property. Meeting Date: 03-23-99 Delivery 119-2 03-30-99 or $250.00 a day 165-3 Code Enforcement Loeffler presented exhibits, gave a detailed history of the Cases and stated the property is in compliance. Frankie Kaup, having been sworn, stated she has power-of-attorney for her mother's property. Mrs. Kaup further stated she was not aware of the fines and lien on her mother's property but as soon as she was aware of the problem she met with someone from the Code Enforcement Department. She also said she immediately started to clean up the violations and would like to see the fines and lien removed from her mother's property. Vice-Chairman Lenko, seconded by Member Henderson, moved in Case Nos. 99-074 and 99-075 to recommend to the City Commission to reduce the fine in both Cases to $1,000 and release the lien Jor both Cases if paid within 30 days or fine would revert back to original fine. Motion carried 6-1 with Member Skiles voting no. Case No. 03-002719 - Virginia R. Kelley 465 Meadow Sweet Court Officer Siegrist Violation Cited: 51-13 08-01-03 NOCV Re-Inspection Date: 09-05-03 09-09-03 SOY 09-09-03 NOH Meeting Date: 09-23-03 09-10-03 POS Certified Mail 09-10-03 POS Regular Mail 09-23-03 OOC For 60 days 09-24-03 NOH Meeting Date: 11-25-03 10-06-03 POS Certified Mail 11-25-03 CO Given until 02-20-04 or pay $25.00 a day. Observation: Widened driveway (slab) without a permit. Building Official Phelps gave an update for Case No. 03-002719 and advised the Code Enforcement Board that the Respondent filed a variance and the Board of Adjustment would hear the variance in February. 4 Code Enforcement Board Minutes January 27,2004 Break 8:15 p.m. to 8: 35 p.m. Case No. 03-001219 - Mark N. and Katrina Johanson A-I Heat & Air Conditioning, Inc. c/o David E. Adkins 1602 Little Spring Hill Drive Violation Cited: 105-4 11-25-03 NOCV Re-Inspection Date: 12-18-03 12-23-03 SOV 12-23-03 NOH Meeting Date: 01-27-04 12-23-03 POS Certified Mail 12-13-03 POS Regular Mail Observation: Complete mechanical inspection. Officer Braddy-Bagwell Code Enforcement Officer Braddy-Bagwell gave a detailed history of the Case and stated that the Case against A-I Heat & Air conditioning, Inc. has been dismissed. Member Godek, seconded by Member Henderson, moved in Case No. 03-001219 to find the Respondents in violation oJ Section 105-4 as oJ December 6, 2003, but to give until February 10,2004, to comply or impose fine oJ$50.00 a day. BeJore the vote was taken, Vice-Chairman Lenko, seconded by Member Chancey, moved to amend the fine in the original motion to $100.00 a day. Motion carried 4-3 with members Skiles, Henderson, and Godek voting no. Member Godek, seconded by Member Henderson, moved in Case No. 03-001219 to find the Respondents in violation oJ Section 105-4 as oJ December 6, 2003, but to give until February 10,2004, to comply or impose fine oJ $100.00 a day as amended. Motion carried 5-2 with Members Skiles and Godek voting no. Case No. 03-003321- Richard F. Sederland 702 Crystal Drive Officer Siegrist Violation Cited: 165-3 11-19-03 NOCV Re-Inspection Date: 01-05-04 01-07-04 SOY 01-07-04 NOH Meeting Date: 01-27-04 01-07 -04 POS Certified Mail 01-07 -04 POS Regular Mail 01-08-04 POS Posting Observation: One tan Volvo, inoperable appearance low air tires, grass around and under vehicle, FL tag # 123275, "Collectible" expired August 2002, on side yard. Code Enforcement Officer Siegrist presented exhibits, gave a brief history of the Case and stated the property is in compliance. 5 Code Enforcement Board Minutes January 27, 2004 Member Chancey, seconded by Member Skiles, moved in Case No. 03-003321 to find the Respondent in violation oJ Section 165-3 as oJ December 20, 2003, but in compliance as oJ January 27, 2004, and no fine imposed. Motion carried 7-0. Case No. 03-003326 - Ricky L. Moore 578 W. Silver Star Road Violation Cited: 165-3 11-18-03 NOCV Re-Inspection Date: 11-18-03 11-24-03 SOY 11-24-03 NOH Meeting Date: 01-27-04 12-03-04 POS Certified Mail 12-03-04 POS Regular Mail 01-09-04 POS Posting Observation: One Toyota pick-up truck, blue, FL tag # E70KEB. Officer Siegrist Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 03-003326 to find the Respondent a "Repeat Violator" oJ Section 165-3 as oJ November 18, 2003, but to impose fine oJ$100.00 a day as oJNovember 19,2003, until property is brought into compliance. Motion carried 7-0. Case No. 03-003336 - William Oreilly 1001 Doreen Avenue Officer Braddy-Bagwell Violation Cited: 51-13 11-11-03 NOCV Re-Inspection Date: 12-03-03 12-16-03 SOY 12-16-03 NOH Meeting Date: 01-27-04 12-16-03 POS Certified Mail 12-16-03 POS Regular Mail Observation: New structure is being erected without a building permit. Code Enforcement Office Braddy-Bagwell presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Member Chancey, seconded by Member Godek, moved in Case No. 03-003336 to find the Respondent in violation oJSection 51-13 as oJDecember 1,2003, but tofive until February 3, 2004, to comply or impose fine oJ$100.00 a day. Motion carried 7-0. Member Chancey, seconded by Member Skiles, moved in Case No. 03-003336 to amend the original motion to give the Respondent until February 17, 2004, to comply. Motion carried 7- O. 6 Code Enforcement Board Minutes January 27,2004 OTHER BUSINESS Code Enforcement Officer Loeffler gave an update regarding Case No. 03-003291 (Cypress Colony, Inc.). Mayor Vandergrift thanked the board for volunteering their time and thanked the staff for cleaning up the community. COMMENTS Building Official Phelps - None Attorney Sneed - None Code Enforcement Officer Siegrist - None Code Enforcement Officer Loeffler - None Code Enforcement Officer Braddy-Bagwell- None Permitting Clerk Ramos - None Member Donenfeld - Member Godek - Said he would like to have a discussion regarding fines. Member Henderson - None Member Chancey - He commended the Code Enforcement Department for cleaning up the old cases. Member Konicek - Happy Holidays. Member Skiles - Said he would be giving his resignation next month because he was running for Commissioner for District 1. Chairman Linebarier - Happy Holidays. Vice-Chairman Lenko - Said she would like to have a discussion of Administrative Rules added to the agenda. Building Official Phelps stated that his department is updating the Administrative Rules and well as the Code Enforcement Board Ordinance. Deputy City Clerk Brasher - None ADJOURNMENT Meeting adjourned at 9:15 p.m. Attest: APPROVED: ~~o!P Brenda Maxwell, eputy CIty Clerk 7