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HomeMy WebLinkAbout03-22-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MARCH 22, 2005 CALL TO ORDER Member Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers at City Hall. Member Godek led the Pledge of Allegiance to the Flag and Member Donenfeld led the Invocation. The roll was called and a quorum was declared present. PRESENT: Vice-Chairman Lenko (arrived at 7:08 p.m.), Members Donenfeld, Godek, Henderson, Konicek and Alternate Members Hopper and Stanley. Also present were Building Official Phelps, Code Enforcement Officers Braddy-Bagwell, Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Mai, and Deputy City Clerk Brasher. ABSENT: Chairman Linebarier and Member Chancey, 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, February 22, 2005. B. Order of Continuance - April 26, 2005 Member Henderson, seconded bv Member Donenfeld, 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 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 March 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, Zoning Inspector Dunsford, 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 05-017 and 05-023 are in compliance, Case Nos. 05-022 and 05-024 were withdrawn without prejudice, and Case No. 05-009 has been dismissed at the request of the City. Case No. 05-021- Elizabeth Hager TR and Marion Davis TR 137 S. Cumberland Avenue Violation Cited: 115-3 10-28-04 NOCV 02-15-05 SOV 02-15-05 NOH 02-15-05 POS 02-22-05 OOC 02-24-05 SOV 02-24-05 NOH Meeting Date: 03-22-05 02-25-05 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. Officer Siegrist Re-Inspection Date: 02-15-05 Meeting Date: 02-22-05 Certified Mail Code Enforcement Officer Siegrist, having been sworn, presented exhibits A - E, gave a detailed history of the case, and stated the property is in non-compliance. Zoning Inspector Dunsford, having been sworn, stated the trees in question are in violation of the Code of Ordinances and they are a hazard. Building Official Phelps asked Zoning Inspector Dunsford if he was employed by the City to inspect trees and work in the capacity of an arborist. Mr. Dunsford said he was employed by the City as the Zoning Inspector as well as the City arborist. Mr. Phelps asked Mr. Dunsford if he was a certified arborist. Mr. Dunsford said he is not a certified arborist, but he has approximately 15 years of arborist experience. Mr. Phelps asked Mr. Dunsford 2 Code Enforcement Board Minutes March 22, 2005 if he felt the trees in question are a danger and needs to be removed. Mr. Dunsford said the trees are a danger and need to be removed. Building Official Phelps asked the Code Enforcement Board to make a determination whether the City has presented prima-facie evidence as to whether a violation exists and to rule on the issue. Attorney Mai explained that Building Official Phelps is asking the Code Enforcement Board to determine if the City has presented enough evidence to show that a violation against the Respondents exists. Member Godek, seconded bv Alternate Member Hopper, moved in Case No. 05- 021, to hear the prima-facie evidence presented bv the City. Motion carried 6-0. Building Official Phelps said there is a request by the Respondent that the Code Enforcement Board issue a subpoena to a witness. The City has no need to hear the testimony by the witness so it is the responsibility of the Respondent to satisfy the Code Enforcement Board as to the necessity of the subpoena to the witness. Jim Fleming, representative speaking on behalf of the Respondents, stated Mr. Cook could cut down the tree(s) and/or limbs that lean over or onto his property at any time without permission. The reason Mr. Cook asked for the trees to be inspected is because he has a building that was converted from a garage to a house; unfortunately, the Certificate of Occupancy for that conversion cannot be located. Building Official Phelps objected to the house issue that Mr. Fleming is presenting to the board because it has no bearing on the violation of the trees. Mr. Fleming said the violation notice says the trees are causing danger to the house, and the house may be there illegally. Building Official Phelps advised the Code Enforcement Board that Mr. Fleming has not satisfied the board for the need to subpoena the witness. Mr. Fleming requested that the board continue this Case until the April 2005, Code Enforcement Board meeting. Vice-Chairman Lenko asked Mr. Fleming what purpose would be served in issuing a subpoena to Mr. Cook to appear before the Code Enforcement Board. Mr. Fleming stated he would like Mr. Cook to be issued a subpoena to appear before the Code Enforcement Board because Mr. Cook has filed a complaint in regards to the trees and he would like an explanation as to how the trees are a danger to the structure. Building Official Phelps stated that the ordinance does not indicate that trees must be a danger to a structure; it mentions dead and diseased trees. Mr. 3 Code Enforcement Board Minutes March 22, 2005 Phelps further stated that Mr. Cook would not have the expertise to know the condition of the trees. Mr. Phelps further stated that the Respondent should retain an arborist to present the facts on his behalf if he feels the trees are not in violation. Attorney Mai stated the Respondent has a right to have a subpoena issued and to have this case heard by the Code Enforcement Board. The Respondent's "due process" would be violated if the City or the Code Enforcement Board were to deny the Respondent's request for the City to subpoena a witness. Mr. Fleming stated he has had five (5) arborists review the condition of the trees and it will cost an estimated $4,500 - $13,000 to have the trees removed. He further stated the trees are not dangerous because they have survived three (3) hurricanes. Building Official Phelps asked that a determination be made whether to issue the subpoena to Mr. Cook and to hear the testimony when the Case is presented. Member Godek, seconded bv Member Konicek, moved in Case No. 05-21 to subpoena James Cook, who resides at 15 S. Cumberland Avenue, Ocoee, Florida, as a witness to the April 26, 2005, Code Enforcement Board MeetinG and to continue the Case until the April 26, 2005, Code Enforcement Board MeetinG. Motion carried 6-0. Mr. Phelps asked Attorney Mai to explain "for the record" the subpoena procedure. Attorney Mai stated the board issued a subpoena for James Cook to appear before the board at the April 26, 2005, Code Enforcement Board Meeting to give testimony, and the subpoena is enforceable by law. Member Henderson, seconded bv Member Donenfeld, moved to hear Case No. 05-010 as the next item on the AGenda. Motion carried 6-0. Building Official Phelps asked that the Code Enforcement Board dismiss the Case against Respondent Patricia Jones. 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 Meeting Date: 01-25-05 Certified Mail Given until 2-04-05 or pay $250 per day per violation 4 Code Enforcement Board Minutes March 22, 2005 02-07 -05 AONC 02-24-05 NOCV 02-24-05 SOV 02-24-05 NOH Meeting Date: 03-22-05 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 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.) Member Donenfeld, seconded bv Member Godek, moved to dismiss Case No. 05- 010 at the request of the City of Ocoee. Motion carried 6-0. Member Godek, seconded bv Member Donenfeld, moved to hear Case No. 04-049 for reduction of fine. Motion carried 6-0. Case No. 04-049 - Mark Gage & John Gage and A Better Mobile Storage, Inc. 471 L.F. Roper Parkway Officer Siegrist Violation Cited: 51-13 08-31-04 NOCV 09-15-04 SOV 09-15-04 NOH 09-16-04 POS 09-28-04 CO 10-26-04 AONC 10-26-04 OIF 03-10-05 AOC 03-15-05 RFR/ROF Total Due $3,350 Observation: Work with a permit, additional shade covers installed, no approved site plan. Approx. 25 covers on site. Re-Inspection Date: 09-11-04 Meeting Date: 09-28-04 Certified Mail Given until 1 0-26-04 or pay $25 per day As of 1 0-27 -04 5 Code Enforcement Board Minutes March 22, 2005 Building Official Phelps stated the Respondent is in compliance and there were delays in the compliance process that were outside the Respondents control. The fine should be reduced to $150 to cover the actual costs. Member Donenfeld, seconded bv Alternate Member Stanley, moved in Case No. 04-049 to reduce the fine to $150 if paid bv April 5, 2005, or the fine reverts back to the oriqinal fine of $3,350. Motion carried 6-0. Member Godek, seconded bv Member Donenfeld, moved to hear Case No. 05-006 for reduction of fine. Motion carried 6-0. Case No. 05-006 - Bissoondai Narine 6948 Log Jam Court Violation Cited: 108-24 D 12-14-04 NOCV Re-Inspection Date: 12-29-04 12-30-04 SOV 12-30-04 NOH 12-30-04 POS 01-05-05 POS 01-05-05 POS 01-25-05 CO 02-04-05 AONC 02-22-05 OIF 03-01-05 AOC 03-18-05 RFR/ROF Observation: Twenty (20) yard roll-off box "Republic" at end of circle on grass. Officer Siegrist Meeting Date: 01-25-05 Certified Mail Regular Mail Posting Given until 2-01-05 or pay $200 per day Total Due: $5,600 Respondent Ingkar Narine, stated the violation notice was sent to the property address which is an empty lot. He was not aware of the violation until he came to City Hall on business and was notified of the violation by Permitting Clerk Ramos. Building Official Phelps said the estimated costs associated with this Case are $250. Member Godek, seconded bv Alternate Member Stanley, moved in Case No. 05- 006 to reduce the fine to $250 if paid bv April 5, 2005, or the fine will revert back to the oriQinal fine of $5,600. Motion carried 6-0. Case No. 05-008 - Palma Julia Argentina 1100 Oakwood Lane Violation Cited: 108-35; 115-6 Officer Loeffler 6 Code Enforcement Board Minutes March 22, 2005 12 -15-04 01-05-05 01-05-05 01-05-05 01-25-05 NOCV SOV NOH POS POS Re-Inspection Date: 01-05-05 Meeting Date: 01-25-05 Certified Mail Given until 1-31-05 to pay $200 per day. Authorized City to bring property into compliance on 108-35 02-01-05 AONC 02-15-05 AOC Owner secured property 02-16-05 RFR/ROF Total Due: $2,800 Observation: Green water in swimming pool. Member Godek. seconded bv Member Donenfeld, moved in Case No. 05-008 to deny the request for rehearinq and reduction of fine until the Respondent appears before the Code Enforcement Board Meetinq. Motion carried 6-0. Member Konicek requested that the Respondent be notified of the action taken in Case No. 05-008. Case No. 05-014 - Ocoee Blackwood Partners LLC, and A.C. Development Group, Inc. 1201 Blackwood Avenue Officer Siegrist Violation Cited: 51-12; 51-15; 51-17 12-29-04 NOCV Re-Inspection Date: 01-12-05 01-13-05 SOV 01-13-05 NOH Meeting Date: 01-25-05 01-13-05 POS Certified Mail 01-25-05 CO-45days Given until 3-12-05 or pay $100 per day Observation: Incorrect light fixtures on light poles, work not performed in accordance with approved plans. Code Enforcement Officer Siegrist, having been sworn, stated the property is in non-compliance but the Respondent is making a good faith effort. He said the new light fixtures came in but they are the wrong size. New fixtures had to be ordered, which will delay compliance for a few more weeks. Vice-Chairman Lenko said no action is required for Case No. 05-014. DISCUSSION ON PROPERTY LOCATED AT 140 S. BLUFORD AVENUE Building Official Phelps asked that the Code Enforcement Board recommend to the City to proceed with collection action up to and including foreclosure for the property located at 140 S. Bluford Avenue. Pizza Plus, Inc. no longer occupies the 7 Code Enforcement Board Minutes March 22, 2005 building but there are outstanding fines with regards in Case Nos. 02-023, 02-024, 02-045, and 03-024. Vice-Chairman Lenko noted "for the record" there is no one present to speak on behalf of the property located at 140 S. Bluford Avenue. Member Konicek, seconded bv Member Donenfeld. moved in Case Nos. 02-023, 02-024, 02-045, 03-023, and 03-024, at the request of the City of Ocoee, to proceed with collection action UP to and includinq foreclosure. Motion carried 6-0. COMMENTS Building Official Phelps -None Attorney Mai - Said thank you for the opportunity to come before you tonight. Code Enforcement Officer Braddy-Bagwell- None Code Enforcement Officer Siegrist - None Code Enforcement Officer Loeffler -None Permitting Clerk Ramos - None Vice-Chairman Lenko - Said this was a good meeting and welcomed Officer Braddy-Bagwell back. Member Donenfeld - Said his son is in Holland tiptoeing thru the tulips. Member Godek - None Member Konicek - Welcomed Attorney Mai. Alternate Member Stanley - None Alternate Member Hopper - Said thank you to Attorney Mai for keeping the board straight. Deputy Clerk Brasher - None ADJOURNMENT Meeting adjourned at 8:25 p.m. Attest: ~D~ LO:.D~ Denise Lenko, Vice- Chairman 8