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HomeMy WebLinkAbout07-27-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JULY 27, 2004 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:08 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 7:10 p.m.). Members Godek, Konicek, Henderson, and Donenfeld. Also present were Building & Zoning Official Phelps, Enforcement Officers Braddy, Loeffler, and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Aycock. ABSENT: Member Chancey (excused) and Alternate Member Stanley (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 SEP ARA TE 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 & B. A. Minutes of the Code Enforcement Regular Meeting held on Tuesday, June 22, 2004. B. Order of Continuance - August 24, 2004 - None. Vice-Chairman Lenko, seconded bv Member Konicek. moved to aoorove the Consent Agenda as oresented. Motion carried 6-0. 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 ECO - EXTENDED COMPLIANCE ORDER Code Enforcement Board Meeting July 27,2004 EX-EXHIBITS FS- FEES STAYED NOCV - NOTICE OF CODE VIOLATION NOH - NOTICE OF HEARING OAF - ORDER AUTHORIZING FORECLOSURE OlF/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, 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 Cases numbered 04-020 and 04-015 were in compliance. He also stated that Cases numbered 04-022 and 04-028 were withdrawn without prejudice. Case No. 04-018 - Cypress Colony Inc. O. West Colonial Drive Officer Loeffler Violation Cited: 115-5 06-28-04 NOCV Re-Inspection Date: 06-28-04 06-28-04 SOV 06-28-04 NOH Meeting Date: 07-27-04 06-28-04 POS Certified Mail Observation: Overgrown/tall, weed, grass undergrowth, and vegetation within large abandoned, hazardous water/sewer facility. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the Case (previous Case Number 03-003291), and stated the property is in non-compliance. Vice-Chairman Lenko inquired as to the citation only including the septic area and not the front view seen from Highway 50. Code Enforcement Officer Loeffler confirmed that she was correct and the front view was handled as a separate case and was never brought before the Code Enforcement Board. Vice-Chairman Lenko inquired as to whether fines were continuing to accrue on the previous Case Number 03-003291. Code Enforcement Officer Loeffler stated that compliance was met for the grass and the fence; however, the big wastewater tanks are still in non-compliance and are accruing fines. Vice-Chairman Lenko. seconded bv Member Konicek. moved in Case Number 04-018 to imoose a fine of $250/dav effective June 26. 2004 to Cypress Colony Inc. for reoeat violation of Chaoter 115-5 as of June 25, 2004. Motion carried 6-0. 2 Code Enforcement Board Meeting July 27,2004 Chairman Linebarier stated that Case Numbers 03-001219 and 03-002902 should be moved up to Agenda Item IV from Agenda Item V due to the presence of the defendant. Vice-Chairman Lenko. seconded bv Member Donenfeld, moved to move Case Numbers 03- 002902 and 03-1219 to the next Agenda Item IVand to combine the testimony in both case. Motion carried 6-0. Case No. 03-001219 - Mark and Katrina Johanson and A-I Heat & Air Conditioning Inc. c/o David E. Adkins 1602 Little Spring Hill Drive Officer Braddy 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 12-23-03 POS Regular Mail 01-27-04 Dismissed CONTRACTOR ONLY - A-I Heat & Air Conditioning Inc. 01-27-04 VO Given until 02-10-04 or pay $100.00 per day 02-11-04 AONC 02-24-04 OIF/L As of 02-11-04 07-23-04 AOC 07-23-04 RFR/ROF Observation: Complete Mechanical Inspection. Case No. 03-002902 - Mark and Katrina Johanson 1602 Little Spring Hill Drive Violation Cited: 115-5 09-05-03 NOCV 10-07-03 SOV 10-07-03 NOH 10-07 -03 POS 10-07 -03 POS 10-08-03 POS 10-28-03 CO 11-06-03 AONC 11-18-03 AOC Total Days (13) $650.00 11-25-03 OIF/L From 11-05-03 thru 11-17-03 07-23-04 RFR/ROF Total $650.00 Observation: Grass overgrown over 10". Officer Siegrist Re- Inspection Date: 09-17-03 Meeting Date: 10-28-03 Certified Mail. Regular Posting Given until 11-04-03 or pay $50.00 per day Attorney Sneed stated that Realtor Clark Reisinger had a limited power-of-attorney from Katrina Johanson, now known as Katrina Clark, and would be speaking on her behalf. Clark Reisinger, 452 Plum Hollow, Maitland, stated that he was contacted by Katrina Clark to purchase her home to avoid foreclosure. He mentioned that her ex-husband, Mark Johanson, is 3 Code Enforcement Board Meeting July 27,2004 in the process of performing a quick claim deed to her on the home. Mr. Reisinger stated that he was not aware of the two liens on the property until he did a title search. Mr. Reisinger also commented on the fact that Katrina Clark is recently divorced and is working six days a week to support her three children. He said that she was not deliberately in non- compliance, but had no time to maintain everything like it should have been. Mr. Reisinger stated that he is hoping to be able to put Katrina Clark and her family into an apartment so that he may repair the home as needed. However, if he had to pay the lien in order to purchase the house, then he would be losing money and would not be able to continue the deal. Mr. Reisinger requested that the Board remove the lien totaling $16,850 so that he may purchase the home at market value, move Katrina Clark into an apartment, and do the necessary repairs in order to resell the house. With a lien of that high amount he will not be able to purchase the home and the bank will foreclose on the property, leaving it without maintenance for at least six months. Chairman Linebarier inquired to the chances of this property being sold. Mr. Reisinger assured that the property would eventually be sold. He said that the roofleaked, the garage door was broken, and the lawn needed to be maintained. All of which he promised to take care of if the lien could be dropped. Member Donenfeld asked how much Mr. Reisinger felt the house was worth. Mr. Reisinger felt the home was worth the amount owed on it, which is in the low $70's. Vice-Chairman Lenko inquired as to why Mr. Reisinger does not want the lender to take the home back. Mr. Reisinger said that the bank would not give Ms. Clark more than the market value ofthe home, whereas he can give Katrina Clark enough extra for her to move her family. Attorney Sneed stated that if the bank foreclosed on the home, the City's lien would be foreclosed as well, and unless the home was sold for far more than the bank is owed, then the City would not receive any money. Vice-Chairman Lenko commented that she had no problem with lowering the fine; however, history shows that the property does not cease being an eyesore. Mr. Reisinger assured the Board that in order for him to resell the home for a profit he would have to perform all of the necessary repairs in a reasonable amount of time. Chairman Linebarier asked how long it would take to have the homeowner moved out and have the repairs completed. Mr. Reisinger said that the homeowner is in the process of looking for an apartment and as soon as she is moved out the major repairs will only take a few days to complete. Chairman Linebarier made an offer to Mr. Reisinger to agree to make improvements on the home such as repairing the garage door, repairing the roof, and maintaining the lawn, all in a given amount of time, and the Board would remove the fines. 4 Code Enforcement Board Meeting July 27,2004 Building & Zoning Official Phelps reminded the Board that the City has acquired costs of $362.61 in this case that should be reimbursed. Mr. Reisinger accepted the responsibility of fines up to $500 to satisfy City costs. A lengthy discussion ensued. Vice-Chairman Lenko. seconded bv Member Henderson, moved to reduce the fine on Case Numbers 03-002902 and 03-1219 to $500 uoon certification bv the Citv ofOcoee Building Deoartment that the roof and garage door are reoaired bv August 24, 2004 and the home is kept oresentable according to neighborhood standards. Motion carried 6-0. Mr. Reisinger commented on the help of Permitting Clerk Ramos and how friendly and courteous she was. Case No. 04-024 - Raymond E. Norris 82 E. Circle Key Drive Officer Loeffler Violation Cited: 108-35 05-28-04 NOCV Re-Inspection Date: 07-12-04 07-14-04 SOV 07-14-04 NOH Meeting Date: 07-27-04 07 -14-04 POS Certified Mail 07 -14-04 POS Regular Mail 07 -14-04 POS Posting Observation: Dilapidated, uninhabitable dwelling/mobile home. All windows broken or missing. Roof damaged, leaking not maintained. Interior floors water damaged, rotted, open areas, under board rotted, insulation missing. Interior walls rotted, water damaged, open areas. Tie-down straps rusted, disconnected. Overhead straps loose. Exterior doors, frames rotted, water damaged missing hardware. Skirting has missing and damaged sections. Exterior siding damaged, open sections. Interior and exterior electric service water damaged, exposed to the elements. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. Code Enforcement Officer Loeffler explained that, although there has been no sign of locating Mr. Norris physically, all records show he lives at this address. There is no electricity at the home and it is labeled as condemned. Member Henderson asked if the same person who owned the property also owned the mobile home and Code Enforcement Officer Loeffler said the two were the same. Chairman Linebarier asked if the property could be ordered as condemned and demolition recommended without placing a fine on the property. Attorney Sneed said that the City would first have to perform a title search and prove that notices were issued to anyone holding a mortgage or having an interest in this property. However, tonight's hearing is not for that matter. Discussion ensued regarding the proper process the City must follow in securing the property. Member Donenfeld. seconded bv Vice-Chairman Lenko. moved to find Case Number 04-024 in violation of 1 08-35 as of 6/15/04 with a comoliance date of August 3. 2004 or be fined $200 oer 5 Code Enforcement Board Meeting July 27,2004 day with the suggestion that the City secure the prooertv for safety purvoses and add any costs incurred to the lien amount. Motion carried 6-0. Recess 8:15 - 8:25 Case No. 04-025 - Ramiro Sr. & Ramiro Rodriquez 128 Mobile Lane Officer Loeffler Violation cited: 165-3 A; 115-5; 108-23; 108-24 6-28-04 NOV Re-Inspection Date: 7-14-04 7-14-04 SOV 07-14-04 NOH Meeting Date: 07-27-04 07-14-04 POS Hand Delivery Observation: Inoperable/untagged vehicles (2), tall weeds & grass rear/side yards. Miscellaneous junk, debris, and old furniture in yard. Fence and gate damaged/broken. Code Enforcement Officer Loeffler gave a detailed history of the Case and stated the property was in full compliance as of July 23,2004. Member Konicek. seconded bv Member Godek. moved to find the resoondents in Case No. 04- 025 in violation as cited as of Julv 12.2004 and in compliance as of Julv 23, 2004 and no penalty be assessed. Motion carried 6-0. Case No. 04-026 - Lloyd F. Kruckemyer Trust 904 Hyland Springs Drive Violation cited: 115-5 06-28-04 NOCV Re-Inspection Date: 07-12-04 07-15-04 SOV 07-15-04 NOH Meeting Date: 07-27-04 07 -16-04 POS Certified Mail 07 -16-04 POS Regular Mail 07 -16-04 POS Posting Observation: Weeds/grass over 10". Officer Siegrist Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case, and stated the property was in non-compliance. Attorney Sneed stated the City has not received the posting back as returned yet; therefore, the City cannot post a lien at this time. Vice-Chairman Lenko. seconded bv Member Konicek. moved to table Case No. 04-026 to the August 24, 2004 Code Enforcement Board Meeting to allow for oroof of service. Motion carried 6-0. Case No. 04-027 - Richard and Hazel Thibodeau 102 Security Circle Violation cited: 115-5 Officer Siegrist 6 Code Enforcement Board Meeting July 27,2004 06-28-04 07-16-04 07-16-04 07-16-04 07-16-04 07-16-04 Observation: NOCV Re-Inspection Date: 07-12-04 SOV NOH Meeting Date: 07-27-04 POS Certified Mail POS Regular Mail POS Posting Weed/grass over 10". Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case, and stated the property was in non-compliance. Certified Mail has been returned to the City. Vice-Chairman Lenko. seconded bv Member Henderson. moved to find Case No. 04-027 in non-comoliance of violation 115-5 and imoose a fine of $1 00 per day as of Julv 8. 2004 if not in comoliance bv August 3. 2004. Motion carried 6-0. Case No. 04-016 - Ben J. Griffin Life Estate, Winnifred Griffin Life Estate 345 S. Lakeshore Drive Officer Loeffler Violation cited: 115-3 05-12-04 NOCV 06-16-04 SOV 06-16-04 NOH 06-16-04 POS 06-22-04 OC 06-25-04 NOH 06-25-04 SOV 06-25-04 POS Hand Delivery 07-07-04 POS Hand Delivery Observation: Dead, diseased, decaying and unsafe tree trunk endangering adjacent property/structure. Tall weeds and grass; front, side & rear yards. OTHER BUSINESS Re-Inspection Date: 06-01-04 Meeting Date: 06-22-04 Hand Delivery For Determination of Tree Meeting Date: 07-27-04 Code Enforcement Officer Loeffler presented exhibits and stated the property was in full compliance as of July 20,2004. Officer Loeffler drew attention to the hole in the center of the trunk proving the tree to have been dead. Member Konicek. seconded bv Vice-Chairman Lenko, moved to find Case No. 04-016 in comoliance as of Julv 20, 2004 and no fine be assessed. Motion carried 6-0. Case No. 03-0023314 - Church Harvest Church of God 153 West Silver Star Road Violation cited: 51-13 11-19-04 NOCV 12-05-04 SOV 12-05-03 NOH 12-10-03 POS Officer Siegrist Re-Inspection Date: 12-01-03 Meeting Date: 01-27-04 Certified Mailing 7 Code Enforcement Board Meeting July 27,2004 01-27-04 02-24-04 03-23-04 04-27-04 05-25-04 06-21-04 Observation: CO ECO ECO ECO AONC AOC Total $5,000.00 Un-permitted work without permit. Given until 02-17-04 or pay $200 per day Given until 03-20-04 or pay $200 per day Given until 04-27-04 or pay $200 per day Given until 05-25-04 or pay $200 per day Building & Zoning Official Phelps discussed the difficulties pertaining to this case that were the responsibility of the City and asked that the fines of the case be eliminated due to the backlogs on the City's part. Vice-Chairman Lenko. seconded bv Member Donenfeld. moved to rescind the fine on Case No. 03-003314 to zero. Chairman Linebarier, seconded bv Member Donenfeld, moved to amend the motion to include dismissing Case No. 03-003314. along with rescinding the fine to zero. Motion carried 6-0. COMMENTS Building & Zoning Official Phelps - Thanked the Board for its assistance and consideration in the case of Church Harvest Church of God. Vice-Chairman Lenko - Complimented Code Enforcement Board Officers and Staff. Chairman Linebarier - Thanked Administrative Assistant III Aycock for possibly being the Board's permanent clerk. ADJOURNMENT Meeting adjourned at 8:50 p.m. Attest: d:_E~ vi - eJ./..,0 Holly Aycock, Administrative Assistant III John Linebarier, Chairman ~JL~ 8