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Home My WebLink About02-22-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 22, 2005 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 Invocation. The roll was called and a quorum was declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived at 7:08 p.m.), Members Chancey, Donenfeld, Godek, and Alternate Members Hopper and Stanley. Also present were Building Official Phelps, Code Enforcement Officers Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Brasher. .....---. . ABSENT: Members Henderson and 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, January 25, 2005. B. Order of Continuance - March 22, 2005 Member Donenfeld, seconded bv Member Godek, moved to approve the Consent Aqenda as presented. Motion carried 7-0. 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-APPLlCATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD - COMMISSION MEETING FOR DETERMINATION, CS - CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO - EXTENDED COMPLIANCE Code Enforcement Board Minutes February 22, 2005 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 and Siegrist, Building Official Phelps, and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Building Official Phelps stated Case Numbers 04-064 and 05-012 are in compliance. Case Nos. 05-016, 05-017, 05-018, and 05-019 are withdrawn without prejudice. Case No. 05-007 - David G. & Victoria E. Graver 706 Nicole Blvd. Violation Cited: 165-3 A 12-01-04 NOCV 01-05-05 SOV 01-05-05 NOH 01-05-05 POS 01-25-05 WD 02-03-05 SOV 02-03-05 NOH Meeting Date: 02-22-05 02-03-05 POS Certified Mail 02-09-05 POS Hand Delivery Observation: Black Vehicle in front yard parked on grass with a current tag, grass under vehicle. Blue vehicle in the driveway without a current tag. Officer Loeffler Re-Inspection Date: 12-30-04 Meeting Date: 01-25-05 Certified Mail Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the case, and stated the property is in non-compliance. He further stated this complaint was neighborhood generated, not Code Enforcement Officer generated. Victoria Graver, having been sworn, presented an exhibit (letter from her daughter who owns the vehicles). Her daughter is on active duty in the Marines and she is requesting additional time to bring the property into compliance. 2 Code Enforcement Board Minutes February 22, 2005 Chairman Linebarier advised the Respondent to notify the Code Enforcement Officers or Building Clerk Ramos if the property could not be brought into compliance by the compliance order date. Vice-Chairman Lenko, seconded bv Member Donenfeld. moved in Case No. 05- 007, to find the Respondents in violation of Section 165-3 A as of Februarv 22, 2005, but to qive until April 1. 2005, to complv or impose fine of $100 a dav. Alternate Member Stanley, seconded bv Member Chancey, moved to amend the oriqinal motion to impose fine of $25 per dav. Motion carried 7-0. Vice-Chairman Lenko, seconded bv Member Donenfeld, moved in Case No. 05- 007 to find the Respondents in violation of Section 165-3 A as of Februarv 22, 2005, but to qive until April 1, 2005, to complv or impose fine of $25 a day. Motion carried 7-0. Case No. 05-015 - Christopher, Ronald G., and Janet L. McClelland 1401 Wanda Street Officer Loeffler Violation Cited: LDR 6-4 H 5 (b) 12-15-04 NOCV Re-Inspection Date: 01-31-05 02-02-05 SOV 02-02-05 NOH Meeting Date: 02-22-05 02-02-05 POS Certified Mail Observation: Two trailers stored on property. Trailer(s) stored in prohibited locations(s). Prohibited trailer size. Only one trailer permitted. Trailer must be stored on east side of structure behind the front building line or in the rear yard. Trailer must be under 24 feet in length. Anonymous complaint received 12-14-04. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave detailed history of the Case, and stated the property is in compliance. Member Godek. seconded bv Vice-Chairman Lenko, moved in Case No. 05-015 to find the Respondents in violation of LOR 6-4 H 5 (b) as of Januarv 3, 2005, but in compliance as of Februarv 6. 2005. no fine or penaltv imposed. Motion carried 7-0. Case No. 05-020 - Palma Julia Argentina 1100 Oakwood Lane Violation Cited: 108-35; 115-6 02-11-05 NOCV Re-Inspection Date: 02-10-05 02-11-05 SOV 02-11-05 NOH Meeting Date: 01-25-05 Officer Loeffler 3 Code Enforcement Board Minutes February 22, 2005 02-11-05 POS 02-15-05 POS 02-15-05 NOC Observation: Green water in swimming pool. Certified Mail Hand Delivery Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of this repeat violation, and stated the property is in compliance. Palma Argentina, having been sworn, stated he put chemicals in the pool until he could get the pool repaired. The chemicals did not last as long as he anticipated but the pool is now drained. He further stated the fence took longer to fix due to the hurricanes but the fence is repaired. Member Chancey, seconded bv Member Donenfeld, moved in Case No. 05-020 to find the Respondent in violation of Section 108-35 and 115-6 as a repeat offender as of Februarv 10, 2005, but in compliance as of Februarv 16, 2005, no fine or penaltv imposed. Motion carried 7-0. Case No. 05-021 - Elizabeth Hager TR and Marion Davis TR 137 S. Cumberland Avenue Officer Siegrist Violation Cited: 115-3 10-28-04 NOCV Re-Inspection Date: 02-15-05 02-16-05 SOV 02-16-05 NOH Meeting Date: 02-22-05 02-16-05 POS Certified Mail Observation: Two (2) dead trees and four (4) damaged trees on property. Potential danger to near by homes and roadway. Trees on property are indicated and marked, this work requires obtaining a permit in advance of tree removal. Building Official Phelps, having been sworn, stated there is a letter in the packet from James Fleming Sr. requesting an extension of several months. The City is recommending an extension of one (1) month. Code Enforcement Officer Siegrist read into the record a letter regarding this issue sent by James Fleming. Building Official Phelps stated there has been a complaint generated and there may be danger to the adjoining property. Vice-Chairman Lenko, seconded bv Member Henderson, moved to table Case No. 05-021 until the March 22, 2005, Code Enforcement Board Meetinq, at the request of the City. Motion carried 7-0. Recess 7:55 p.m. - 8:12 p.m. 4 Code Enforcement Board Minutes February 22, 2005 Vice-Chairman Lenko, seconded bv Member Donenfeld. moved to hear Case No. 04-057 for reduction of fine. Motion carried 7-0. Case No. 04-057 - Village Market Place Investors L TD, and X Club Ocoee, Inc., dlbla World Gym for Women 10908 W. Colonial Drive Violation Cited: 119-2; 51-13 09-09-04 NOCV Re-Inspection Date: 09-20-04 10-15-04 SOV 10-15-04 NOH 10-15-04 POS 10-16-04 POS 10-26-04 CO 11-22-04 AONC 12-17-04 AOC 12-28-04 RFR/ROF 01-25-05 RFR 02-09-05 RFR Observation: Operating a business without an occupational license, and work without permit. Officer Siegrist Meeting Date: 10-26-04 Certified Mail Hand Delivery Given until 11-19-04 or pay $250 per day Total due $7,250 Denied-No one present Chris Palmer, having been sworn, stated he understood that once he obtained a Building Permit he could obtain an Occupational License and he was unaware that an inspection had to be done before an Occupational License could be obtained. Building Official Phelps asked Mr. Palmer when the business began. Mr. Palmer said he went into business in April 2004. Mr. Phelps asked Mr. Palmer if he had several conversations with the Fire Inspector regarding the improvements that were done without a permit. Mr. Palmer said that was correct. Mr. Phelps also asked Mr. Palmer if he recalled working with the Fire Inspector around June of 2004, to resolve these issues but it was not until late in 2004 that the application for the permit and the Occupational License were applied for. Mr. Palmer said it was. Building Official Phelps stated that the City has a significant amount of time and approximately $600-$800 invested in this Case in order to get compliance from the Respondent. Vice-Chairman Lenko asked why there was such a high fine imposed on the Respondent. Attorney Sneed stated she felt the fine was to motivate the Respondent to come into compliance. Building Official Phelps stated there was a Life Safety issue involved in this Case. 5 Code Enforcement Board Minutes February 22, 2005 Member Donenfeld, seconded bv Member Godek, moved in Case No. 04-057 to reduce the fine to $750. Motion carried 5-2 with Chairman Linebarier and Vice- Chairman Lenko votinq no. Vice-Chairman Lenko, seconded bv Chairman Linebarier, moved to amend the oriqinal motion to reduce the fine to $1.000. Motion failed 2-5 with Members Chance v, Godek. Donenfeld, and Alternate Members Stanlev and Hopper votinq no. Member Donenfeld. seconded bv Alternate Member Stanley. moved in Case No. 04-057 to reduce the fine to $750. if paid bv March 24. 2005, or the fine reverts back to the oriqinal fine of $7,250. Motion carried 5-2 with Chairman Linebarier and Vice- Chairman Lenko votinq no. Case No. 05-004 - Kim Pagano 5001 Water Wheel Court Violation Cited: 115-5; 115-3; 108-23 Q 12-06-04 NOCV Re-Inspection Date: 12-22-04 12-28-04 SOV 12-28-04 NOH 12-28-04 POS 01-25-05 POS 02-16-05 AONC Observation: One Chev Cavalier, station wagon with no tag in front driveway, sections of fence missing and grass/weeds over 10", plus miscellaneous trash and debris. Officer Siegrist Meeting Date: 01-25-05 Certified Mail Given until 2-15-05 or pay $100 per day Vice-Chairman Lenke, seconded bv Member Denenfeld, moved in Case No. 05- 004 to enter an order imposinq fine and lien. Motion carried 7-0. Case No. 05-006 - Bissoondai Narine 6948 Log Jam Court Officer Siegrist Violation Cited: 108-24 D 12-14-04 NOCV Re-Inspection Date: 12-29-04 12-30-04 SOV 12-30-04 NOH Meeting Date: 01-25-05 12-30-04 POS Certified Mail 01-05-05 POS Regular Mail 01-05-05 POS Posting 01-25-05 CO Given until 2-01-05 or pay $200 per day 02-04-05 AONC 6 Code Enforcement Board Minutes February 22, 2005 Observation: Twenty (20) yard roll-off box "Republic" at end of circle on grass. Member Chancey. seconded bv Member Donenfeld, moved in Case No. 05-006 to enter an order imposinq fine and lien. Motion carried 7-0. Case No. 05-008 - Palma Julia Argentina 1100 Oakwood Lane Officer Loeffler Violation Cited: 165-3 A; 108-24 D; 108-35; 115-5; 115-6; 108-23 Q 12-15-04 NOCV Re-Inspection Date: 01-05-05 01-05-05 SOV 01-05-05 NOH 01-05-05 POS 01-25-05 CO Meeting Date: 01-25-05 Certified Mail Given until 1-31-05 or pay $200 per day-authorized City to bring property into compliance on 108-35 AONC AOC RFRH/ ROF Observation: Inoperable/untagged/expired tag/junk vehicles: blue Nissan 2-door & black Porsche 2-door. (Blue Nissan blocking pedestrian sidewalk) Overgrown/tall grass. Dilapidated/damaged fence allowing access to unsanitary/un-maintained green water swimming pool. Misc. junk & debris littering yard. 02-01-05 02-15-05 02-16-05 Owner secured property Building Official Phelps said the Respondent must be clear of all violations before the Code Enforcement Board can consider a request for re-hearing and reduction of fine. Case No. 05-010 - Patricia Jones, Todd Wharton, and Andrea Cormier 1517 Acropolis Circle Officer Loeffler Violation Cited: 51-13; 108-19 A & C; 108-22 12-09-04 NOCV Re-Inspection Date: 01-06-05 01-07-05 SOV 01-07-05 NOH 01-07-05 POS 01-25-05 CO 02-07 -05 AONC Observation: Construction with required permit(s) including but not limited to: Accessory structures; gazebo and front porch columns and lattice-work/framing. Section of roof, over 100 square feet replaced. Chimney for additional fireplace installed. Electrical wiring, interior and exterior areas including service for pump motor powering irrigation well converted to connect to potable water plumbing Meeting Date: 01-25-05 Certified Mail Given until 2-04-05 or pay $250 per day per violation 7 Code Enforcement Board Minutes February 22, 2005 system. Open rear patio/porch area converted to enclosed patio porch including installation of large exterior doors. Occupancy of structure in violation of City of Ocoee Minimum Housing Standards: Structure not connected to an approved water distribution/potable water supply. Not-to-code electrical wiring. (2 fireplace/fire-boxes constructed/installed without required permits and inspections.) (Two separate stop work orders, signed by the Building Official, were posted at the property by Code Enforcement Officer s and subsequently ignored and removed.) Building Official Phelps asked that the Code Enforcement Board table Case No. 05-010 until the March 22, 2005, meeting. Vice-Chairman Lenko, seconded bv Member Godek, moved to table Case No. 05- 010 until the March 22, 2005, Code Enforcement Board Meetinq at the request of the City. Motion carried 7-0. COMMENTS Building Official Phelps -Said Code Enforcement Officer Braddy-Bagwell is in the hospital with flu symptoms and to keep her in your prayers. Attorney Sneed - None Code Enforcement Officer Siegrist - None Code Enforcement Officer Loeffler - Said his wife was at the Orange County School Board Meeting when they announced the high school name would be Ocoee High School and many in attendance at the meeting had tears in their eyes when the announcement was made. Permitting Clerk Ramos - None Chairman Linebarier - Said the Orange County School Board just announced the name of the new high school is Ocoee High School. Asked that the board members to give a specific date on cases instead of how many days given to comply. Vice-Chairman Lenko - None Member Chancey - None Member Donenfeld - Said his son would be going to Holland after graduating from Embassy Duty Training. Member Godek - None Alternate Member Stanley - None Alternate Member Hopper - None Deputy Clerk Brasher - None 8 Code Enforcement Board Minutes February 22, 2005 ADJOURNMENT Meeting adjourned at 8:50 p.m. Attest: ~~ Brenda Brasher, Deputy City Clerk dP:EDL J'ohn Linebarier, Chairman ~(/V -:f~ ~ 9