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Home My WebLink About08-24-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING AUGUST 24, 2004 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 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, Members Chancey, Godek, Konicek, Henderson, and Donenfeld. Also present were Alternate Member Stanley, Building Official Phelps, Enforcement Officers Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Aycock. ABSENT: None 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. A. Minutes of the Code Enforcement Regular Meeting held on Tuesday, July 27, 2004. B. Order of Continuance - September 28, 2004 - None. Vice-Chairman Lenko. seconded bv Member Godek. moved to aOTJrove Item B and to aoorove Minutes of Julv 27. 2004: with correction made to the date in motion oforevious Case No. 03- 002902 and 03-1219. which read: "...the roof and garage door are repaired bv August 24. 2005. " The motion should have read: "...repaired bv August 24. 2004." Motion carried unanimouslv. 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 Meeting August 24, 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 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 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 04-032,04-034,04-037, and 04-038 were withdrawn without prejudice. Case No. 04-026- Lloyd F. Kruckemyer TR (c/o Carol Haze) 904 Hyland Springs Drive Violation Cited: 115-5 06-28-04 NOCV 07-15-04 SOV 07-15-04 NOH 07 -16-04 POS 07-16-04 POS 07 -16-04 POS 07-27-04 OC 08-03-04 NOH Meeting Date: 08-24-04 08-09-04 POS Certified Mail 08-09-04 POS Regular Mail 08-09-04 POS Posting Observation: Weeds/grass over 10". Officer Siegrist Re- Inspection Date: 07-12-04 Meeting Date: Certified Mail Regular Mail Posting 07-27-04 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 that the City has existing liens on this property and the City is requesting that the board begin foreclosure procedures on the property. Vice-Chairman Lenko. seconded bv Member Chancev. moved to find Case Number 04-026 in violation of Chapter 115-5 as of Julv 8. 2004. and to be in comoliance as of August 31. 2004. or thereafter be imoosed a fine of $1 OO/dav. Motion carried 7-0. 2 Code Enforcement Board Meeting August 24, 2004 Vice-Chairman Lenko. seconded bv Member Don en feld. moved in Case Number 04-026 to authorize the Citv of Ocoee to begin foreclosure action on the orooertv for orevious liens effective Seotember 1.2004. Motion carried 7-0. Vice-Chairman Lenko. seconded bv Member Konicek. moved to hear Case Number 94-19 from Other Business due to oresence ofresoondent. Motion carried 7-0. Case No. 94-19 - Maria Vela 4 Sundial Key Drive Violation Cited: 108-35 04-20-94 05-13-94 05-13-94 05-16-94 05-24-94 07-18-94 07-19-94 07-24-94 08-10-94 08-10-94 08-23-94 08-30-94 09-27-94 09-10-98 09-22-98 09-22-98 11-24-98 11-24-98 04-12-99 08-12-04 NOCV SOV NOH POS OC NOH POS OC NOH SOV CO AONC OIF AOC RFR RD ATF OAF Memorandum from Shelly Simon RFR Officer Braddy Re-Inspection Date: 05-10-94 Meeting Date: 09-22-94 Mail P315-759-245 July 26, 1994 Mail P864-028-204 August 23, 1994 August 23, 1994 August 30, 1994 OR $250.00 Building Official Phelps gave a detailed history of the case and stated a request was made for reconsideration of fine. Vice-Chairman Lenko. seconded bv Member Don en feld. moved in Case Number 94-19 to rehear the case for consideration of reduction o(fine. Motion carried 7-0. Wesley Benton, 1212 South Binion Road, Apopka, appearing as agent of the respondent, gave a detailed background report of the case. He stated that Jose and Maria Vela were purchasing the property from a Mr. Clifford Freeman, who deeded the lot solely to Jose Vela in 1998. The CEB action began in 1994 against Maria Vela and continued until 1999 when the property was to be foreclosed. Mr. Benton further stated that the CEB fine of $250 per day wrongfully continued to accrue for an additional 14 months and if the court order had been implemented by the City, then George Marsh would not have secured title to the property by tax deed in 2001. Mr. Benton finally requested that all impact fees be waived and that all liens, potential liens and 3 Code Enforcement Board Meeting August 24, 2004 encumbrances be waived and forever settled. Chairman Linebarier stated that the buyer of the tax deed should have been aware of the consequences of the property purchase. Attorney Mary Sneed felt that the lien amount only included fines up to 1998 and did not accrue after the satisfactory date as mentioned by Mr. Benton. Member Donenfeld asked the attorney to explain the case to the board in terms they could all understand. Attorney Mary Sneed explained that the respondent was in compliance of original violation as of 1999, whereas the City foreclosed on the lien and received a final judgment of default. At that point, the City realized that the original case was never against Mr. Jose Vela and the property appraiser's office shows the property was owned by both Jose and Maria Vela. The City was not interested in owning only half of the property; therefore, the City did not proceed with the foreclosure sale, which is why George Marsh was able to acquire the property with a quitclaim deed from Jose Vela in 2004. A lengthy discussion ensued regarding the fact that the City has been maintaining the property for years without further liens being assessed. The owner knew that the City was maintaining the property and never made any attempts to take over the responsibility. The consensus of the board was that City personnel must have believed the lot belonged to the City. Chairman Linebarier recommended sending a reasonable figure to the Commission to decide upon satisfying this lien in order for the City to regain expenses. Member Chancev. seconded bv Member Donenfeld. moved in Case Number 94-19 to recommend to Citv Commission that thev reduce the fine/lien to $3.000 ifpaid in full within 30 davs of the Citv Commission's decision. Motion carried 5-2 with Vice-Chairman Lenko and Member Henderson voting no. Member Godek asked that the City be notified to stop maintammg the property. Vice- Chairman Lenko asked Building Official Phelps to perform an assessment of the amount expensed by the City on Case Number 94-19. Mr. Phelps agreed to come up with a figure before the case comes before City Commission. Recess: 8:08 p.m. to 8:20 p.m. Case No. 04-029 - Cypress Colony Inc. o. West Colonial Drive Officer Loeffler Violation Cited: 115-5 06-30-04 NOCV Re-Inspection Date: 07-16-04 08-10-04 SOV 08-10-04 NOH Meeting Date: 08-24-04 08-10-04 POS Certified Mail 08-10-04 POS Regular Mail 08-10-04 POS Posting Observation: Overgrown/tall weeds, grass, undergrowth and vegetation. 4 Code Enforcement Board Meeting August 24, 2004 Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the Case (previous Case Number 03-003291), and stated the property was in non-compliance. Vice-Chairman Lenko. seconded bv Member Konicek. moved to find Case Number 04-029 in violation of Chapter 115-5 as of Julv 15.2004. giving them until September 1. 2004. to comolv or be fined $250 oer dav thereafter. Motion carried 7-0. Case No. 04-031 - Ernest Jr. & Mary S. Costantino and Florida Solar Control Inc. 305 Ocoee Apopka Road Officer Siegrist Violation Cited: LDC 8-2 A; LDC 8-6 A (1) 07-22-04 NOCV Re-Inspection Date: 08-02-04 08-10-04 SOV 08-10-04 NOH Meeting Date: 08-24-04 08-10-04 POS Certified Mail 08-10-04 POS Regular Mail Observation: Banner signs and flags used as advertising without permit. Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the case, and stated that the property was in violation at the re-inspection date of August 2, 2004, but in compliance as of August 18, 2004. Member Chan cev. seconded bv Member Konicek. moved to find Case Number 04-031 in violation as of August 1.2004. but in comoliance as of August 18.2004. and no oenaltv be assessed. Motion carried 7-0. Case No. 04-033 - Home Buyers Depot Inc., Marilyn Mathers Officer Within corporate limits, Ocoee Officer Loeffler Violation Cited: LDC 8-2 (A); LDC 8-6 R 07-26-04 NOCV Re-Inspection Date: 08-10-04 08-10-04 SOV 08-10-04 NOH Meeting Date: 08-24-04 08-10-04 POS Certified Mail 08-10-04 POS Regular Mail Observation: Placing of prohibited fun-permitted / illegal signs within the corporate limits of the City ofOcoee, Florida. Red/yellow displaying corporate name, phone number(s) extensions, and lease to own. Attempted contact/compliance via documented, saved e-mail obtained via voice mail and web-site. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the case, and stated the property was in compliance as of August 23, 2004. Member Godek. seconded bv Member Konicek. moved to find Case Number 04-033 in violation as of Julv 30. 2004. but in compliance as of August 23. 2004. and no fine be assessed. Motion carried 7-0. 5 Code Enforcement Board Meeting August 24, 2004 Case No. 04-035 - Frederick B. Coleman 2002 Nancy Ann Terrace Violation Cited: 115-3; 115-5 07-09-04 NOCV Re-Inspection Date: 08-10-04 08-11-04 SOV 08-11-04 NOH Meeting Date: 08-24-04 08-11-04 POS Certified Mail 08-11-04 POS Regular Mail Observation: Yard Overgrown. Officer Siegrist Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the case, and stated that as of August 24, 2004, the property is in violation of chapter 115-3 due to the dead tree still standing, and in compliance of chapter 115-5. Vice-Chairman Lenko. seconded bv Member Donenfeld. moved to find Case Number 04-035 in violation of Chapters 115-3 and 115-5 of the Citv Code as of August 6. 2004: As of August 24. 2004. Case Number 04-035 was in comoliance ofChaoter 115-5. but remaining in violation of Chaoter 115-3 as of August 24. 2004. and given until Seotember 14. 2004. to be in comoliance or be fined $100 oer dav thereafter. Motion carried 7-0. Case No. 04-036 - w. S. Alexander 806 Russell Drive Violation Cited: 115-5 07-24-04 NOCV Re-Inspection Date: 08-02-04 08-12-04 SOV 08-12-04 NOH Meeting Date: 08-24-04 08-13-04 POS Certified Mail 08-13-04 POS Regular Mail 08-12-04 POS Posting Observation: Overgrown grass. Officer Siegrist Chairman Lenko announced that the respondent, Mr. Alexander, has been deceased for quite some time. However, he is unsure of who is in charge of the estate. Officer Siegrist stated that the name listed under the Orange County Property Appraiser's office is W. S. Alexander and he is unaware of any kin to contact. Attorney Sneed stated that the City is required to notify the last known address according to the Property Appraiser and that is what was done. Chairman Lenko offered to do research as to how to contact the deceased's next of kin and asked if the case should be withdrawn at this time. Building Official Phelps asked that the case be heard because of the various complaints made regarding this property. Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the case, and stated the property was in non-compliance. 6 Code Enforcement Board Meeting August 24, 2004 Building Official Phelps suggested that, now being aware of the property owner's death, the City be allowed thirty days to identify the person in charge of the property or establish a fine at that time. Chairman Lenko. seconded bv Member Konicek. moved to find Case Number 04-036 in violation of Chapter 115-5 as of Julv 30.2004. and given until Seotember 21. 2004. to be in comoliance or be fined $100 oer dav. Motion carried 7-0. OTHER BUSINESS 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. Chairman Lenko inquired if the property was still in non-compliance. Code Enforcement Officer Loeffler stated that per the Board's request the City contracted and did secure the structure and an invoice has yet to be received as of the cost. Building Official Phelps stated a title search was to be performed and the case would be brought back to the next meeting for action to be taken. Attorney Sneed stated that fines would accrue until compliance was met, which was when the contractor secured the property. She further noted that any fines implemented in securing the property would be added as well and an affidavit of compliance would need to be done since technically the property was in compliance once secured. Chairman Lenko stated that Case Number 04-024 has been secured and would be brought back to the September 24, 2004, for action to be taken. Case No. 04-027 - Richard and Hazel Thibodeau 102 Security Circle Violation cited: 115-5 06-28-04 NOCV 07-16-04 SOV 07-16-04 NOH 07 -16-04 POS Officer Siegrist Re-Inspection Date: 07-12-04 Meeting Date: 07-27-04 Certified Mail 7