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Home My WebLink About05-25-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MAY 25, 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 7:09 p.m.) Members Chancey, Donenfeld (arrived 7:07 p.m.), Godek, Henderson, and Konicek. 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: Vice-Chairman Lenko and Member Henderson, who were unexcused. Alternate Member Stanley, who was excused. CONSENT AGENDA ALL MATIERS 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. The Consent Agenda consisted of approval of Items A, B & C. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, April 27, 2004. B. Order of Continuance - June 22, 2004 - None C. Order of Dismissal- None Member Konicek, seconded by Member Donenfeld, moved to approve the Consent Agenda as presented. Motion carried 5-0. 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 Code Enforcement Board Minutes May 25, 2004 CO - COMPLIANCE ORDER CS – CONTINUED STAY CTR - COPY TO RESPONDENT ECO – EXTENDED COMPLIANCE ORDER EX-EXHIBITS 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 Braddy- Bagwell, Loeffler, Siegrist and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Building Official Phelps stated that Case Numbers 04-012 and 04-013 are in compliance. Case No. 04-011 – Antonio D. Harmon 728 North Lakewood Avenue Officer Braddy-Bagwell Violation Cited: 165-3; 119-2; 108-24 D 04-08-04 NOCV Re-Inspection Date: 04-29-04 05-06-04 SOV 05-11-04 NOH Meeting Date: 05-25-04 05-11-04 POS Certified Mail 05-11-04 POS Regular Mail 05-11-04 POS Posting Observation: Nine vehicles in rear yard without tags. Doing repair without occupational license. Refrigerator open to children, and trash, debris on property. Code Enforcement Officer Braddy-Bagwell, having been sworn, gave a detailed history of the Case, presented exhibits, and stated the property is in non-compliance. Member Godek, seconded by Member Donenfeld, moved in Case No. 04-011 to find the Respondent in violation of Section 165-3, 119-2, and 108-24 D as of April 18, 2004, but to give until June 8, 2004, to comply or impose fine of $250 per day. Motion carried 5-0. Case No. 04-014 – Ignacio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler 2 Code Enforcement Board Minutes May 25,2004 Case No. 04-014 - Ignacio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation Cited: 165-3 A 05-20-04 NOCV Re-Inspection Date: 05-18-04 05-20-04 SOV 05-20-04 NOH Meeting Date: 05-25-04 05-20-04 POS Hand Delivery Observation: White Ford sedan, no tag. White cargo box-truck with tall grass under and around. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case, stated the Respondents are repeat violators, and the property is in non-compliance. Respondent Ignacio Ibarra, having been sworn, stated that he put a tag on the box-truck after he received the violation letter and the car has been moved. Member Konicek, seconded by Member Godek, moved to find the Respondents in Case No. 04-014 in violation of Section 165-3 A as repeat violators from May 18,2004, to May 25, 2004, and to impose fine of$50. Member Chancey, seconded by Chairman Linebarier, moved to amend the original motion to imposefine of$50 per day for seven days. Motion carried 3/2 with Member Konicek and Donenfeld voting no. Member Chancey, seconded by Chairman Linebarier, moved to find the Respondents in Case No. 04-014 in violation of Section 165-3 A as repeat violatorsfrom May 18,2004, to May 25, 12004, and to impose fine of $50 per day for seven days. Motion carried 4/1 with Member Konicek voting no. 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 01-27 -04 CO Given until 2-17-04 or pay $200 per day 02-24-04 ECO Given until 3-20-04 or pay $200 per day 03-23-04 ECO Given until 4-27-04 or pay $200 per day 04-27-04 ECO Given until 5-25-24 or pay $200 per day Observation: Un-permitted work without permit. Officer Siegrist Building Official Phelps stated that the church has hired a new contractor to finish the construction work. Mr. Phelps further stated that he gave the pastor the option of reducing 3 Code Enforcement Board Minutes May 25,2004 the occupancy in the building to 49 or less and the additional door would not have to be installed but the pastor opted to install the additional door. A one-month extension has been requested since the church is working in good faith to correct the problem. Member Chancey said he had concerns that this Case is taking too long to resolve and would like to see the fine remain in place until the property is brought into compliance. Chairman Linebarier agreed with Member Chancey. 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 - None Member Godek - None Member Chancey - None Member Konicek -None Chairman Linebarier - Asked why the Case he requested to be 0 the Agenda for May was not on the Agenda. He also asked Building Clerk Ramos to add Chairman and Vice- Chairman elections to the June Agenda. Deputy City Clerk Brasher - None ADJOURNMENT Meeting adjourned at 7:35 p.m. Attest: APPROVED: ~ ~. (~ ~\ .~ .LQ;,yiJio ~~~ Brenda Brasher, Deputy City Clerk 4