Loading...
HomeMy WebLinkAbout06-22-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JUNE 22, 2004 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:05 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 7:10 p.m.) Members Chancey, Donenfeld, Godek, and Alternate Member Stanley. Also present were Building & Zoning Official Phelps, Enforcement Officers Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Holly Aycock. ABSENT: Members Henderson and Konicek, who were excused. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CODE ENFORCEMENT BOARD AND WlLL BE ACTED UPON BY ONE MOTION. THERE WlLL 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, May 25, 2004. B. Order of Continuance - July 27, 2004 - None C. Order of Dismissal- None Member Godek, 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 ATF-APPLICATION TO FORECLOSE CO - COMPLIANCE ORDER Code Enforcement Board Minutes June 22, 2004 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 OIFIL- ORDER IMPOSING FINEILIEN 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 and 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 Number 04-017 is in compliance. Case No. 04-015 - Timothy & Donna Valentine 803 Spring Lake Circle Officer Loeffler Violation Cited: 51-13 11-03-03 NOCV Re-Inspection Date: 05-18-04 06-11-04 SOV 06-11-04 NOH Meeting Date: 06-22-04 06-16-04 POS Hand Delivery Observation: Carport/Canopy structure erected without required permit(s). Does not meet required setback. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. Building Official Jim Phelps presented Zoning Inspector Bruce Dunford, having been sworn, as an additional witness. After a lengthy discussion it was stated by Building Official Phelps that the situation was previously discussed and the consensus of Community Development Director Russ Wagner was that the language of the code prohibits any kind of accessory structure in any required front yard. Respondent Timothy Valentine, having been sworn, stated he feels the City is harassing him because many other citizens have the same type of canopy and are not being written up. He stated that he originally constructed the canopy three years ago and at that time was told he did not need a permit. After the first violation he removed the carport, but reconstructed it again after noticing that his neighbors kept their structures up without violation. 2 Code Enforcement Board Minutes June 22, 2004 Chairman Linebarier commented that respondent is not the only citizen unable to receive a permit due to setback requirements. Attorney Sneed states that the respondent is encouraged to contact the Code Enforcement Office with addresses of other violators within the City so that Code Enforcement can inspect the violations and take appropriate actions. Commissioner Howell, after being sworn, commented on the code written in 1997 for things that are "grandfathered in". Commissioner Howell thought that the respondent's carport was erected nine years ago, therefore would be under the grandfather code. Attorney Sneed stated that she heard the respondent state that the carport had only been up for three years. Commissioner Howell asked about accessory structure limitations and Attorney Sneed responded that the issue at hand was erecting a structure without a permit and any other issues, including the accessory structure limitations, would be an appropriate issue to take up with the City Attorney, not the Board. Building Official Jim Phelps offered to speak with Commissioner Howell and the City Attorney at another time regarding changing the code. Currently, the code requires that the carport would have had to be legal at the time of erection in order for the term "grandfathered in" to apply to the issue at hand. Further discussion ensued regarding Mr. Valentine's case and setback requirements. Member Chancey, seconded by Member Godek, moved in Case No. 04-015 to allow until July 13, 2004 for respondent to comply or impose afine of$50 a day. Motion carried 5-0. Case No. 04-016 - Ben J. Griffin Life Estate 345 South Lakeshore Drive Officer Loeffler Violation Cited: 115-3 05-12-04 NOCV Re-Inspection Date: 06-01-04 06-16-04 SOV 06-16-04 NOH Meeting Date: 06-22-04 06-16-04 POS Hand Delivery Observation: Dead, diseased, decaying and unsafe tree trunk endangering adjacent property/structure. Tall weeds and grass; front, side and rear yards. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. Respondent Richard Griffin, having been sworn, inquired as to who determined the tree was decayed and dying and if that person was an expert on trees. Code Enforcement Officer Loeffler responded that he made an observation based on experience, not expertise. After a long debate as to whether the tree was truly dead or not, the Board decided to hire a tree expert to make the determination and bring the case back to the next meeting. After cost concerns 3 Code Enforcement Board Minutes June 22, 2004 mentioned by Building Official Jim Phelps, Chairman Linebarier stated that if the tree expert supports the City's decision regarding the tree, then the respondent would be responsible for reimbursing the City for the additional costs incurred. Member Donenfeld, seconded by Member Stanley, moved to continue Case No. 04-016 at the July 27,2004 meeting after obtaining the opinion of a tree expert. Motion carried 4-2, with Member Chancey and Member Lenko voting no. OTHER BUSINESS Case No. 04-011 - Antonio D. Harmon 728 North Lakewood Avenue Violation Cited: 165-3; 119-2; 108-24D 04-08-04 NOCV Re-Inspection Date: 04-29-04 05-06-04 SOV 05-11-04 NOH 05-11-04 POS 05-11-04 POS 05-11-04 POS 05-25-04 CO 06-14-04 AONC Observation: Nine vehicles in rear yard without tags. Doing repair without occupational license. Refrigerator open to children, and trash, debris on property. Officer Braddy-Bagwell Meeting Date: 05-25-04 Certified Mail Regular Mail Posting Given until 06-08-04 or pay $250.00 per day Vice-Chairman Lenko, seconded by Member Chancey, moved to impose an order on Case No. 04-011 to activate a fine of $250.00 per day to be effective of 6/9/04. Motion carried 6-0. Permitting Clerk Carmen Ramos verified that a lien has been recorded regarding Case No. 03-001219 and Case No. 04-004 due to non-compliance. Chairman Linebarier opened the floor to select a Chairman and a Vice-Chairman for the new year. Member Stanley, seconded by Vice-Chairman Lenko, moved to reappoint Chairman Linebarier in the position for the following year. Motion carried 6-0. Member Godek, seconded by Member Donenfeld, moved to reappoint Vice-Chairman Lenko to remain in the position for the following year. Motion carried 6-0. COMMENTS Building Official Phelps - Church Harvest Church of God was in compliance at the time of 4 Code Enforcement Board Minutes June 22, 2004 their last inspection and the issue will be brought before the Board at the next meeting. He mentioned his concern for Code Enforcement Officer Theresa Braddy-Bagwell who recently lost her father and was going through a rough time due to health concerns as well. Asked all to pray for her. Attorney Sneed - Reminded the Board that in a prosecution type of situation interested neighbors should not be testifying unless a party specifically requests it. Discussion ensued. Code Enforcement Officer Siegrist - None Code Enforcement Officer Loeffler - None Permitting Clerk Ramos - None Administrate Assistant III Aycock - None Vice-Chairman Lenko - Apologized for being absent last month. Thanked all for her re- election. Later asked Building Official Jim Phelps to pass along her condolences for Code Enforcement Officer Theresa Braddy-Bagwell. Member Chancey - Complimented Building Official Phelps and the staff on their level of preparedness and professionalism before the Board and with their cases. Member Donenfeld - Stated how proud he was of the Board for their amount of concern for the City and the things in it such as the trees. Member Stanley - None Chairman Linebarier - Mentioned he would like all comments to be directed to the Board so that they may be included in all conversations during the meeting. Member Godek - None Commissioner Howell - Commented on how well Chairman Linebarier and the Board do on the issues they deal with. Mayor Vandergrift - Commended the Board for volunteering their time to the City and the fairness they have on all issues. ADJOURNMENT Meeting adjourned at 8:27 p.m. Attest: APPROVED: a.:)L/ dmihistrative Assistant III 5