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HomeMy WebLinkAbout04-26-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING APRIL 26, 2005 CALL TO ORDER Member Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:05 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 7:15 p.m.), Members Chancey (left at 8:30 p.m.), Donenfeld, Godek, Konicek and Alternate Member Hopper. Also present were Building Official Phelps, Code Enforcement Officers Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Brasher. ABSENT: Chairman Linebarier, Member Henderson, and Alternate Member Stanley, who were excused. GUEST: Mayor Vandergrift 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, March 22 , 2005. B. Order of Continuance - May 24, 2005 Member Donenfeld. seconded bv Member Konicek, moved to approve the Consent Aqenda as presented. Motion carried 5-0. 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 Code Enforcement Board Minutes April 26, 2005 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 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 Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, Building Official Phelps, and anyone intending to speak regarding a case. Member Konicek. seconded by Member Donenfe/d. moved to hear Case Nos. 05- 008, 05-021. 05-028, 05-026, and 05-030 as the next items on the aqenda. Motion carried Motion carried 5-0. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Building Official Phelps stated Case Numbers 05-025, 05-029, 05-031 are in compliance, Case Nos. 05-021, 05-032, and 05-034 are tabled until the May 24, 2005, Code Enforcement Board Meeting. Member Chancey. seconded by Member Donenfe/d, moved to continue Case Nos. 05-021, 05-032. and 05-034 until the May 24, 2005, Code Enforcement Board Meetinq. Motion carried 5-0. Attorney Sneed announced that a subpoena needs to be reissued regarding Case No. 05-021. Building Official Phelps said the gentleman that requested the subpoena submitted a letter stating that he did not desire to have the subpoena issued and so it was not served. James Fleming asked that a subpoena be served in Case No. 05-021 for the May 24, 2005, Code Enforcement Board Meeting. Vice-Chairman Lenko arrived at 7:15 p.m. Recess 7:15 p.m. - 7:20 p.m. Case No. 05-030 - Outdoor Holding III LLC, Hodgskin Outdoor Living, Inc., Hodgskin Outdoor Products, Inc. (Owner/Registered Agent: Lori A. Hodgskin) 432 Ocoee-Apopka Road Officer Loeffler Violation Cited: LDC 1-6 A, B; & 4-1; & 4-3; 51-13 03-09-05 NOCV Re-Inspection Date: 04-11-05 2 Code Enforcement Board Minutes April 26, 2005 04-11-05 SOV 04-11-05 NOH Meeting Date: 04-26-05 04-13-05 pas Hand Delivery Observation: Construction without required site-plans, review, approval or permitting. Three (3) storage structures. Banner type signs located on property. Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-030 Member Hopper asked if an updated Site Plan had been resubmitted. Officer Loeffler said Building Official Phelps would have additional information regarding that issue. Building Official Phelps said a letter from the Respondent's engineer indicated they plan to start work on the new Site Plan on May 1, but the City does not have an application for a Site Plan at this time. Dan Langley, attorney with Fishback, Dominick, Bennett, Stepter, Ardaman, Ahlers & Bonus LLP, representing the Respondent in Case No. 05-030, stated his client received a Violation Notice on March 9, 2005, which notices violations on two (2) properties. The property at 441 Palm Drive should be removed from the Violation Notice due to the fact that the Respondent no longer owns the property. Officer Loeffler said the issues before the Code Enforcement Board are only with the Ocoee-Apopka Road property and the Palm Drive property may be excluded from these proceedings. Attorney Langley presented exhibits that stated that former City Manger Gleason approved the temporary structures until the property is developed or disposed of. Respondent Mr. Hodgskin, having been sworn, said he came to the City for a zoning change and Community Development Director Wagner said he would approve the zoning change if Mr. Hodgskin would give the City right-of-way access through his property. At no time were there discussions regarding giving right-of-way until the night of the hearing. Mr. Hodgskin stated he was ready to build until the night he was asked to give right-of-way to the City. After that meeting, he met with former City Manager Gleason, who gave him permission to have as many temporary structures as he needed to protect his building materials and goods stored on the site. He further stated that he had to bring in fill dirt because the City brought in fill dirt for an old wastewater treatment pond and the City's fill dirt flooded his property. Officer Loeffler said the City is asking for reasonable time for a Site Plan to be submitted and for the property to be brought into compliance. 3 Code Enforcement Board Minutes April 26, 2005 Attorney Langley presented an affidavit from Neil Harris stating that he met with former City Manager Gleason and they discussed rezoning, a Site Plan, temporary structures, and right-of-way acquisition for the City. Attorney Langley asked Building Official Phelps if he recalls a telephone conversation discussing the following: ~ His client (Respondent) wishing to develop the subject property; ~ His client (Respondent) was having difficulty with the engineer completing the Site Plan due to the time schedule; and ~ Discussing the possibility of not removing the temporary structures but instead submitting the Site Plan and other development approvals; and ~ Building Official Phelps saying the City would like the Respondent to show a good-faith effort in submitting a Site Plan and otherwise show he was going to develop the property within a reasonable time; and ~ Actions taken by the Respondent and/or Attorney Langley in order to comply with the request for a reasonable good-faith effort to develop the property. Building Official Phelps said he did recall the telephone conversation. Attorney Langley asked Building Official Phelps if the Site Plan submitted to the City was satisfactory to the City. Building Official Phelps said the Site Plan was not satisfactory because a licensed practicing architect or engineer must prepare the Site Plan. The Site Plan must be submitted along with the appropriate fees and there are certain meetings that must be attended. He further stated the Community Development Department has explained these requirements to the Respondent. Member Chancey asked Attorney Langley how much time the Respondent would need in order to come into compliance. Member Godek said the Respondent has never asked for a compliance extension date. Building Official Phelps asked the Respondent if former City Manager Gleason gave him permission to have a temporary fence. Mr. Hodgskin said he obtained a permit for the fence. Building Official Phelps asked the Respondent why he did not obtain a permit to build the temporary structures since he obtained permits for the fence and the trailer. Mr. Hodgskin said former City Manger Gleason said he did not need a permit for the temporary structures. Building Official Phelps said no one has the authority to waive the permit process, it is the law that a permit be obtained for the construction of temporary structures. Attorney Sneed advised the Code Enforcement Board that only the City Commission has the authority to change the Code of Ordinances. 4 Code Enforcement Board Minutes April 26, 2005 Building Official Phelps asked the board to continue this Case. Member Chancey. seconded by Member Godek. moved to continue Case No. 05- 030 until the June 28, 2005, Code Enforcement Board Meetina. Motion carried 5-1 with Alternate Member Hopper votinq no. Recess 8:27 p.m. - 8:43 p.m. Mayor Vandergrift thanked the Code Enforcement Board for the superior job that they do and wished Chairman Linebarier a speedy recovery. He also announced the Ocoee High School would be hosting an Open House on July 30. Case No. 05-026 - Edward Koziel and Nancy L. Richard 321 Springfoot Court Officer Loeffler Violation Cited: 51-13 02-28-05 NOCV Re-Inspection Date: 03-15-05 04-11-05 SOV 04-11-05 NOH Meeting Date: 04-26-05 04-11-05 POS Certified Mail Observation: Roof replaced, clay tile type, without required permit & inspections. (Zoning Department observation received Feb 25, 2005) Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-026 Respondent Edward Koziel, 321 Springfoot Court, having been sworn, stated someone gave him the tile like roofing product. He said his sister, who is the owner of the house, is going through chemo treatments in New York and she is unable to obtain the permit. Building Official Phelps said property that is for rent or for sale cannot get owner/builder permits, per state law. If an owner/builder wants to obtain a permit, they must reside at the residence and install the roof themselves. Otherwise, in order for a permit to be obtained, the Respondent must have a licensed contractor submit the application along with a statement from an engineer that the building design would carry the load of tiles. Attorney Sneed advised the board that Nancy Richard could transfer all or part ownership of the property to Edward Koziel. Member Godek, seconded by Member Donenfeld. moved to continue Case No. 05- 026 until the May 24. 2005, Code Enforcement Board Meetinq. Motion carried 6-0. 5 Code Enforcement Board Minutes April 26, 2005 Case No. 05-028 - Concepcion Farias 1904 Lauren Beth Avenue Officer Loeffler Violation Cited: 51-13 03-02-05 NOCV Re-Inspection Date: 03-21-05 04-11-05 SOV 04-11-05 NOH Meeting Date: 04-26-05 04-11-05 POS Certified Mail Observation: Construction without required permit(s), reviews and inspections. Garage conversion to enclosed room. Neighborhood complaint received March 1,2005. Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. Officer Rodriguez, having been sworn, interpreted for the Respondent, Concepcion Farias. QUESTIONS and COMMENTS REGARDING CASE NO. 05-028 Respondent Concepcion Farias, having been sworn, stated she did not know she needed a permit for the construction of the room and she asked for an additional 45 days to obtain a permit. Member Godek, seconded by Member Donenfeld, moved in Case No. 05-028 to find the Respondent in violation of Section 51-13 as of March 18. 2005. but to qive until May 10. 2005, to submit permit application, pick approved permit up within five (5) workinq days of beinq notified by the City. and fine may be assessed at a later date. Motion carried 5-0. Member Konicek. seconded by Alternate Member Hopper, moved to hear Case No. 05-008 for reduction of fine and lien. Motion carried 5-0. Case No. 05-008 - Palma Julia Argentina 1100 Oakwood Lane Violation Cited: 108-35; 115-6 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 POS Officer Loeffler 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 02-15-05 02-16-05 03-22-05 04-06-05 AONC AOC RFR/ROF RFR/ROF RFR/ROF Owner secured property Total Due: $2,800 Denied-No one present 6 Code Enforcement Board Minutes April 26, 2005 Observation: Green water in swimming pool. Officer Loeffler said the City incurred $79.65 in costs for Case No. 05-008. QUESTIONS and COMMENTS REGARDING CASE NO. 05-008 Mr. Palma, representing the Respondent, having been sworn, stated he thought the fines were removed since the property was in compliance and that is why he did not come to the March Code Enforcement Board Meeting. Alternate Member Hopper. seconded by Member Konicek. moved in Case No. 05- 008 to reduce fine to $100 if paid by May 24, 2005. or fine reverts back to oriqinal fine of $2.800. Motion carried 6-0. Case No. 05-024 - Denver R. Harper 50% Int. and Dean Harper, Inc. 50% Int. 39 Eagle Key Court Officer Braddy-Bagwell Violation Cited: 108-35 02-10-05 NOCV Re-Inspection Date: 03-09-05 03-10-05 SOV 03-10-05 NOH Meeting Date: 03-25-05 03-10-05 POS Certified Mail 03-22-05 WD 04-08-05 SOV 04-08-05 NOH Meeting Date: 04-26-05 04-08-05 POS Certified Mail Observation: Dilapidated, uninhabitable dwelling/mobile home. All windows and doors are either broken or missing, leaving the trailer continuously accessible to the public. There is roof damage, interior floors are damaged, and rotted. The interior walls and interior doors have been destroyed. Interior and exterior electrical service is water damaged, exposed to the elements. A noxious odor coming from the inside of the mobile home unduly annoys the surrounding community. On the lot: is miscellaneous trash and debris, a half torn down fence and overgrown weeds and grass. Officer Braddy-Bagwell, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. QUESTIONS and COMMENTS REGARDING CASE NO. 05-024 Building Official Phelps stated that one owner wants to move the structure and the other owner wants to demolish the structure. Member Konicek. seconded by Member Godek, moved in Case No. 05-024 to find the Respondents in violation of Section 108-35 as of March 1. 2005, but to qive until May 24. 2005, to comply or impose fine of $250 per day. Motion carried 5-0. Case No. 05-033 - Jarbas R. & Regina L. Ferreira and USA Jarbas Corporation Within Corporate City Limits of Ocoee Officer Loeffler 7 Code Enforcement Board Minutes April 26, 2005 Violation Cited: LDC 8-6 R & 8-2 02-10-05 NOCV Re-Inspection Date: 03-09-05 03-10-05 SOV 03-10-05 NOH Meeting Date: 03-25-05 03-10-05 POS Certified Mail 03-22-06 WD 04-08-06 SOV 04-08-05 NOH Meeting Date: 04-26-05 04-08-05 POS Certified Mail Observation: Placing of prohibited/un-permitted/illegal signs upon utility poles and within the corporate limits of the City of Ocoee, Florida: Reginas Pool Service (407) 578-4488. Phone number traced to: Ferreira Jarbas, 319 Lucille Way, Orlando, Florida. This name traces to State records as Officer/Director USA Jargas Corp., which shows a Regina Ferreira as a Principal of USA Jarbas Corp. Signs create a nuisance to the public health, safety, and welfare; dangerous to motorists during installation by violator(s) and dangerous to motorists and Municipal personnel during removal. Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the Respondent is in compliance. Member Konicek, seconded by Alternate Member Hopper. moved in Case No. 05- 033 to find the Respondents in violation of Section LDC 8-6 R & 8-2 as of March 13, 2005, but in compliance as of April 26. 2005. no fine imposed. Motion carried 5-0. QUESTIONS and COMMENTS REGARDING CASE NO. 05-033 Officer Loeffler said this is a national problem and thanked the Code Enforcement Board for the action taken on Case No. 05-033. COMMENTS Building Official Phelps - Said fines in Case Nos. 04-049 and 05-006 has been paid and no action is required. Attorney Sneed - None Code Enforcement Officer Braddy-Bagwell- None Code Enforcement Officer Siegrist - None Code Enforcement Officer Loeffler -None Code Enforcement Officer Rodriguez - None Permitting Clerk Ramos - None Vice-Chairman Lenko - Thanked everyone for their patience. Member Donenfeld - Said his son is doing well in Holland. Member Godek - None Member Konicek - Welcomed Officer Rodriguez and wished John Linebarier a get well. Alternate Member Hopper - None Deputy Clerk Brasher - None 8 Code Enforcement Board Minutes April 26, 2005 ADJOURNMENT Meeting adjourned at 9:55 p.m. Attest: ~~~ Brenda Brasher, Deputy City Clerk 9 ROVED: /41.