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Home My WebLink About11-23-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 23, 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, which would include two alternate members voting. PRESENT: Chairman Linebarier, Members Chancey, Donenfeld, Godek, Henderson, and Alternate Members Hopper and Stanley. Also present were Building Official Phelps, Code Enforcement Officers Loeffler and Siegrist, Permitting Clerk Ramos, Attorney O'Quinn, and Deputy City Clerk Brasher. ABSENT: Vice-Chairman Lenko and Member Konicek, who were excused. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED 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. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, October 26, 2004. B. Order of Continuance - January 25, 2005 Member Godek. seconded bv Member Henderson. moved to approve the Consent Aqenda as presented. 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 Code Enforcement Board Minutes November 23,2004 NON-COMPLIANCE, ATF-APPLlCATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD - COMMISSION MEETING FOR DETERMINATION, 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, , ORF - ORDER REDUCING FINE, 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) and WD - WITHDREW. Permitting Clerk Ramos administered the oath to Code Enforcement Officers 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 04-058 and 04-059 were in compliance. Member Godek, seconded by Member Henderson. moved to hear Case Nos. 04- 063 and 04-064 as the next items on the Aqenda. Motion carried 6-0. Case No. 04-063 - Gerald V. & Robin A. Welch 2005 Lady Avenue Violation Cited: 115-6 10-25-04 NOCV Re-Inspection Date: 11-08-04 11-10-04 SOV 11-10-04 NOH Meeting Date: 11-23-04 11-11-04 POS Certified Mail 11-11-04 POS Regular Mail 11-11-04 POS Posting Observation: Dirty swimming pool. Officer Siegrist Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the case, and stated the property was in non-compliance. Respondent Robin Welch, having been sworn, stated the swimming pool would be cleaned before the end of the week. It has been difficult to run the pool pump caused due to the large amount of leaves in the pool caused by the hurricanes. Member Godek. seconded by Alternate Member Stanley, moved to find the respondents in Case No. 04-063 in violation of Section 115-6. as of November 5. 2004. but to qive them until December 10.2004, to comply or impose fine of $100 a day. Motion carried 6-0. 2 Code Enforcement Board Minutes November 23,2004 Case No. 04-064 - Albert C. Hensel Jr. 700 Rich Avenue Officer Siegrist Violation Cited: 51-13 and 115-5 10-28-04 NOCV Re-lnspection Date: 11-10-04 11-11-04 SOV 11-11-04 NOH Meeting Date: 11-23-04 11-12-04 POS Hand Delivery Observation: Green fenced and roofed storage structure in front yard without permit and weeds/grass over 10' side yard. Observed no addition to house but new fencing with permit. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave detailed history of the Case, and stated the property is in non-compliance for Section 51-13. Respondent Albert C. Hensel Jr, asked how Code Enforcement works because he has been told on several occasions that the only time that Code Enforcement comes to a property is when a person registers a complaint. Chairman Linebarier said that was false. Code Enforcement will go to a property due to a complaint but they also watch the City for violations and they are obligated to take action when they notice a violation. Chairman Linebarier advised Mr. Hensel to only discuss his Case, nothing else or he would be stopped from talking. Chairman Linebarier advised Mr. Hensel for the second time that the Code Enforcement Board only wanted to hear about his violations. Mr. Hensel said he had a personal problem with Officer Siegrist and Chairman Linebarier told Mr. Hensel that he should report this problem to the officer's supervisor and the board is not here to listen to personal problems. Mr. Hensel asked if Officer Braddy-Bagwell was present and Chairman Linebarier said she was. Mr. Hensel said this problem was brought up a long time ago when Officer Siegrist called his flower garden a shed and Officer Braddy-Bagwell came to his residence for violations for a shed and fence constructed without a permit. Officer Braddy-Bagwell crossed out the shed violation on the notice and said he needed to get a fence permit (notice was presented as evidence). He further stated the "shed" was actually a flower arbor for his flowers and he asked Officer Braddy- Bagwell if she remembered this conversation. Officer Braddy-Bagwell, having been sworn, said in November 2003, the respondent was cited for a shed and fence without a permit but when she went to the residence she did not see a shed, she saw a flower arbor that was open to the sky with lattice on top of it. Chairman Linebarier asked Officer Braddy-Bagwell if the arbor had walls around it and she said it did not at the time of her visit. Mr. Hensel said the green around the arbor was not fence it was screen. Mr. Hensel quoted Florida Statutes 823.14 (Section 604.50) the Right 3 Code Enforcement Board Minutes November 23, 2004 to Farm Act and advised the City and the Code Enforcement Board to get familiar with the Statute. He further stated that Statute 823.14 permits him, being a registered arborist, to have the arbor on his property. A lengthy discussion ensued regarding the violations. Building Official Phelps asked that this case be continued until the January 2005, Code Enforcement Board Meeting. It was the consensus of the Code Enforcement Board to continue Case No. 04-064 until the January 25, 2005, Code Enforcement Board Meeting, at the request of the City. Case No. 04-060 - Better Built Homes of Florida USA, Inc. (Jean Marsan) 1088 Royal Marquis Circle Officer Braddy-Bagwell Violation Cited: 51-128 A 10-07-04 NOCV Re-lnspection Date: 10-08-04 11-09-04 SOV 11-09-04 NOH Meeting Date: 11-23-04 11-10-04 POS Certified Mail Observation: Failure to pay Plan Review Fees of $319.50 for Permit #0010632. Officer Braddy-Bagwell, having been sworn, gave a detailed history of the case, and stated the property is in non-compliance. Chairman Linebarier advised the Code Enforcement Board that a fine could not be levied against the property address since the property belongs to new owners and the builder not the property owner applied for the Plan Review and did not pay the fee. Officer Braddy-Bagwell said the builder did not build a house at the property location but a fee was still incurred by Better Built Homes of Florida USA, Inc. Building Official Phelps stated since there is money owned to the City, the process must come before the Code Enforcement Board in order to collect the money owned. Attorney O'Quinn asked for clarification as to why the fee was not paid up front because the Code Book states the fee is to accompany the application. Building Official Phelps said it has been the procedure of the City to allow the developer to pay the fee when they pick up the applications. Member Henderson asked if the City used escrow accounts for such things and Building Official Phelps said they do not. Attorney O'Quinn suggested that the City get the Plan Review Fee upfront in order to avoid this from happening in the future and it would also enforce the Code for the Plan Review Fee that the City has in place. Building Official Phelps said this issue would be addressed in the future. 4 Code Enforcement Board Minutes November 23,2004 Chairman Linebarier asked if there were any additional costs incurred. Officer Braddy-Bagwell said administrative costs are around $100.00 but the total will increase for filing fees when the documents are recorded. Member Godek. seconded by Member Donenfeld. moved in Case No. 04-060 to find the Respondents in violation of Section 51-128 A as of October 15. 2004. but to aive until December 10. 2004. to pay Plan Review Fee of $319.50 plus additional administrative costs or impose Plan Review fee in the amount of $319.50 plus the administrative costs and fine of $100 per day. Motion carried 6-0. Attorney O'Quinn stated the testimony from Case No. 04-060 could be adopted for Case Nos. 04-061 and 04-062 as long as the Code Enforcement Officer offers the testimony for the violation locations and the Plan Review Fees for each case. Case No. 04-061 - Better Built Homes of Florida USA, Inc. (Jean Marsan) 943 Haverford Drive Officer Braddy-Bagwell Violation Cited: 51-128 A 10-07-04 NOCV Re-Inspection Date: 10-08-04 11-09-04 SOV 11-09-04 NOH Meeting Date: 11-23-04 11-10-04 POS Certified Mail Observation: Failure to pay Plan Review Fees of $302.00 for Permit #0010633. Officer Braddy-Bagwell, having been sworn, gave a detailed history of the case, and stated the property is in non-compliance. Member Donenfeld. seconded by Alternate Member Stanley, moved in Case No. 04-061 that the Code Enforcement Board adopt testimony from Case No. 04-060 and to find the Respondents in violation of Section 51-128 A as of October 15, 2004, but to qive until December 10, 2004. to pay Plan Review Fee of $302.00 plus additional administrative costs or impose Plan Review fee in the amount of $302.00 plus the administrative costs and fine of $100 per day. Motion carried 6-0. Case No. 04-062 - Better Built Homes of Florida USA, Inc. (Jean Marsan) 1020 Royal Marquis Circle Officer Braddy-Bagwell Violation Cited: 51-128 A 10-07-04 NOCV Re-lnspection Date: 10-08-04 11-09-04 SOV 11-09-04 NOH Meeting Date: 11-23-04 11-10-04 POS Certified Mail Observation: Failure to pay Plan Review Fees of $302.00 for Permit #0010634. 5 Code Enforcement Board Minutes November 23,2004 Officer Braddy-Bagwell, having been sworn, gave a detailed history of the case, and stated the property is in non-compliance. Member Donenfeld. seconded by Alternate Member Stanley. moved in Case No. 04-062 that the Code Enforcement Board adopt testimony from Case No. 04-060 and to find the Respondents in violation of Section 51-128 A as of October 15. 2004, but to qive until December 10, 2004, to pay Plan Review Fee of $302.00 plus additional administrative costs or impose Plan Review fee in the amount of $302.00 plus the administrative costs and fine of $100 per day. Motion carried 6-0. Recess 8:00 p.m. - 8:15 p.m. Mayor Vandergrift recognized Chairman Linebarier for 22 years of volunteer service to the City. Chairman Linebarier said he has been on the various volunteer boards for the City. Mayor Vandergrift wished everyone happy holidays and thanked everyone whom has volunteered for the City. Case No. 04-041 - Aurelio Gonzalez 501 Wurst Road Officer Siegrist Violation Cited: 51-13 07-22-04 NOCV Re-Inspection Date: 08-09-04 09-14-04 SOV 09-14-04 NOH Meeting Date: 09-28-04 09-16-04 POS Certified Mail 09-28-04 CO Given until 10-19-04 or pay $100 per day 10-20-04 AONC 10-26-04 OIF As of 10-20-04 11-10-04 AOC Total Due $2,100.00 11-12-04 RFR/ROF Observation: Block walls for garage in backyard without permit. Building Official Phelps asked at the request of the City to delay any action on Case No. 04-041 since a permit has been obtained and the City would like to see that the building construction is completed. If the construction is finished in a timely fashion, the City would be willing to support a reduction of fine. Building Clerk Ramos translated to Respondent Aurelio Gonzalez that the City is delaying action until the construction of the building is complete and asked if he understood this and if he agrees to this delay. Ms. Ramos said the Respondent does understand and agrees to the delay. 6 Code Enforcement Board Minutes November 23,2004 Member Godek. seconded by Member Donenfeld. moved in Case No. 04-041 to withhold any action until the Case is re-submitted, at the request of the City. Motion carried 6-0. Case No. 04-057 - Village Market Place Investors L TD, and X Club Ocoee, Inc., d/b/a World Gym for Women 10908 W. Colonial Drive Officer Siegrist Violation Cited: 119-2; 51-13 09-09-04 NOCV Re-lnspection Date: 09-20-04 10-15-04 SOV 10-15-04 NOH Meeting Date: 10-26-04 10-15-04 POS Certified Mail 10-16-04 POS Hand Delivery 10-26-04 CO Given until 11-19-04 or pay $250 per day 11-16-04 AOC 51-13 picked up permit Observation: Operating a business without an occupational license, and work without permit. Building Official Phelps asked at the request of the City to delay any action on Case No. 04-057 since a permit has been obtained and the City would like to see that the building construction is completed. Member Donenfeld, seconded by Alternate Member Stanley. moved in Case No. 04-057 to withhold any action for violation of Section 119-2, until the Case is re- submitted. at the request of the City. Motion carried 6-0. Case No. 04-004 - Ricky L. Moore 578 W. Silver Star Road Violation Cited: 165-3 02-02-04 NOCV 02-17-04 SOV 02-17-04 NOH 02-17 -04 POS 02-17-04 POS 02-17-04 POS 02-24-04 CO 03-03-04 AONC 03-23-04 OIF 07-07-04 AOC 10-19-04 RFR/ROF 10-16-04 ORF Officer Siegrist Re-Inspection Date: 02-16-04 Meeting Date: 02-24-04 Certified Mail Regular Mail Posting Given Until 03-02-04 or Pay $50.00 a day As of 03-03-04 Total Due $6,250.00 Meeting Date: 10-26-04 $200 by 11-24-04 or revert back to original fine 7 Code Enforcement Board Minutes November 23, 2004 11-16-04 CMFD $200 if paid by 12-16-04 Observation: One Toyota pick-up truck, blue, FL tag# E70KEB, expired June 2002, and One Mazda 4x4 SE5 B2600 pick-up truck, tan, no tag, and One Nissan pick-up truck, red, FL tag# URS824, expired June 2000. Chairman Linebarier stated that the City Commission accepted the $200 fine imposed on Case No. 04-004, if paid by December 16, 2004. COMMENTS Building Official Phelps - Said that Ricky Moore has paid his fine and Case No. 94-19, Maria Vela has paid, 1602 Little Spring Hill has paid their fine of $500, and A Better Storage has made application for their Site Plan. Properties located at 102 Security Circle, 904 Highland Springs Drive, 806 Russell Drive, and 82 E. Circle Key Drive will be submitted to the City Attorney for recommendations. Attorney O'Quinn - Said it was good to see everyone. Code Enforcement Officer Siegrist - Wished everyone a safe holiday. Code Enforcement Officer Loeffler - None Code Enforcement Officer Braddy-Bagwell - None Permitting Clerk Ramos - Said Happy Thanksgiving. Chairman Linebarier - None Member Donenfeld - Said his son will return from Japan on December 12, and he would be going to school in Virginia. Member Godek - Said Happy Holidays. Member Henderson - Said Happy Thanksgiving, Merry Christmas, and see you next year. Alternate Member Hopper - Wished everyone a good, safe Thanksgiving. Alternate Member Stanley - Said Happy Thanksgiving. Deputy City Clerk Brasher - Said Vice-Chairman Lenko and Member Chancey wished everyone Happy Holidays. Member Godek. seconded by Member Henderson. moved to cancel the December 2004. Code Enforcement Board Meetinq. Motion carried 6-0. ADJOURNMENT Meeting adjourned at 8:32 p.m. Attest: ~ ~~,-dcl ~ ,- Brenda Brasher, Deputy City Clerk 0.AJ <./ 8