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Home My WebLink About07-26-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JULY 26, 2005 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 p.m. in the Commission Chambers at City Hall. Member Henderson led the Invocation and Chairman Godek led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice-Chairman Chancey, Members Donenfeld (arrived at 7:02 p.m.) , Henderson, Hopper, and Alternate Member Lenko (left at 7:05 p.m.). Also present were Building Official Jones, Code Enforcement Officers Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, Permitting Clerk Ramos, Attorney Mai, and Deputy City Clerk Brasher. ABSENT: Member Stanley, who was 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 Item A. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, June 28, 2005. Member Henderson, seconded bv Member Hopper, moved to approve the Consent Aaenda 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: Code Enforcement Board Minutes July 26, 2005 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, NS-No Service, 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, SFH - SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD - WITHDREW. Permitting Clerk Ramos administered the oath to Building Official Jones, Code Enforcement Officers Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, and anyone intending to speak regarding a case. Code Enforcement Officer Loeffler introduced Building Official Jones. Building Official Jones said it was a pleasure to represent the City of Ocoee and to meet the board members. Vice-Chairman Chancey. seconded bv Member Donenfeld. moved to hear Case Nos. 05-046, 05-062, and 05-067 as the next items on the aaenda. Motion carried 5- O. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 05-046- Rogelio Solorio & Valentina Santos 467 New Meadows Court Officer Loeffler Violation Cited: 165-3 A 05-26-05 NOeV Re-Inspection Date: 06-13-05 06-13-05 SOV 06-13-05 NOH Meeting Date: 06-28-05 06-28-05 ooe 06-28-05 NOH Meeting Date: 07-26-05 07 -07 -05 POS Observation: E-Better Place RSVP complaint received 5-24-05; Inoperable or untagged/registered vehicle on property; blue van. Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property was in compliance. Officer Rodriguez, having been sworn, interpreted for Valentina Santos. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-046 Valentina Santos, having been sworn, said the auto is parked in the garage. 2 Code Enforcement Board Minutes July 26, 2005 Member Hopper, seconded bv Member Donenfeld, moved to find the Respondents in violation of Section 165-3 A. as of June 9, 2005. but in compliance as of Julv 26. 2005, and no fine imposed. Motion carried 5-0. Case No. 05-062- John and Herta Wright 1363 Olympia Park Circle Officer Braddy-Bagwell Violation Cited: 51-13 06-13-05 NOev Re-Inspection Date: 06-28-05 07-14-05 SOV 07-14-05 NOH Meeting Date: 07-26-05 07-14-05 POS Certified Mail Observation: Failure to obtain a permit for an addition to the house. The addition application has been in the Building Department with comments on the plans needing to be changed. Comments sent by fax on 4-5-05, then by mail on 4-11-05. The structure was erected without a permit first obtained. Officer Braddy-Bagwell, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the Case was in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-062 John and Herta Wright said they brought a sketch of their addition to the Building Department to obtain a permit. They were issued a permit and preceded with their addition, upon final inspection, it was brought to their attention that they had received a permit for replacement windows, not a structure permit. They were told they had to have plans drawn for the construction and submit the plans before a permit could be issued. They submitted the plans July 9 and are waiting for a permit to be issued. Building Official Jones said the plans may be in the Plans Review cycle and when the plans are reviewed and approved, a permit would be issued. Building Official Jones said he would try to rush the Review Cycle for this project. Member Hopper said there was a misunderstanding with regards to the permit but the violation could be a potential hazard. Member Henderson. seconded bv Member Hopper. moved in Case No. 05-062 to find the Respondents in violation of Section 51-13 as of June 23. 2005. but to qive until Auqust 23, 2005. to complv. or impose fine of $50 per day. Motion carried 5-0. Case No. 05-067 - Richard Argabright, Margaret Argabright, Charles W. Argabright 426 Caballero Road Officer Rodriguez Violation Cited: 51.13 07-07-05 NOeV Re-Inspection Date: 07-15-05 07-18-05 SOV 07-18-05 NOH Meeting Date: 07-26-05 07 -18-05 POS Certified Mail 3 Code Enforcement Board Minutes July 26, 2005 Observation: Fence installation without required permit. Officer Rodriguez, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property was in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-067 Mr. & Mrs. Charles Argabright, having been sworn, stated they replaced several fence panels that were damaged during the hurricane and they were notified that they were violation because they had not obtained a permit. They were told the permit fee would be $75 instead of the usual $45 because they put the fence up before the permit was obtained. They further said the Building Code states that minor repairs do not require a permit and they thought replacing a few fence panels would be considered minor repairs. Mrs. Argabright stated she has not been able to obtain a copy of the "code" referencing fences from the City. Building Official Jones stated the permit fee was a double fee of $75 due to the fact that the fence was erected before a permit was obtained. He said he had previously told the Respondents that the City would waive the higher permit fee and only charge $45 for their fence permit. He further stated historically, with regards to fencing, two (2) fence panels or less would be considered minor repairs. Attorney Mai said it is up to the board as to how they interpret minor repairs. Vice-Chairman Chancey said he is not convinced there was a violation and that a permit was required. Vice-Chairman Chancey, seconded bv Member Donenfeld, moved in Case No. 05- 067 to find the Respondents in compliance of Section 51-13 and no permit is reauired for the fence replacement. Motion failed 2/3 with Chairman Godek, Members Henderson and Hopper votinq no. Member Henderson. seconded bv Member Hopper. moved in Case No. 05-067 to find the Respondents in violation of Section 51-13 as of Julv 14. 2005. but to qive until Auaust 22, 2005. to complv or impose fine of $5 per day. Motion carried 5-0. Recess 8:05 - 8:15 p.m. Case No. 05-058-James C. & Wendy D. Booth Officer Braddy-Bagwell, having been sworn, stated Case No. 05-058 was in compliance. 4 Code Enforcement Board Minutes July 26, 2005 Case No. 05-060 - Boris R. Ortiz & Kevin Fences 2295 Stefanshire Avenue Officer Rodriguez Violation Cited: 51-13 06-07-05 NOeV Re-Inspection Date: 07-08-05 07 -14-05 SOV 07 -14-05 NOH Meeting Date: 07-26-05 07-14-05 POS Certified Mail Observation: Fence without required permits, plans, approval and inspections. Officer Rodriguez, having been sworn, stated the property was in compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-060 Vice-Chairman Chancey, seconded bv Member Henderson, moved in Case No. 05-060 to find the Respondents in violation of Section 51-13 as of Julv 6. 2005. but in compliance as of Julv 18, 2005, and no fine imposed. Motion carried 5-0. Case No. 05-061- Tommy S. & Alicia M. Martin 801 Malcom Road Officer Braddy-Bagwell Violation Cited: 105-4 06-13-05 NOev Re-Inspection Date: 07-28-05 07-14-05 SOV 07-14-05 NOH Meeting Date: 07-26-05 07-14-05 POS Certified Mail Observation: Failure to complete final inspections for concrete slab and carport, permit # 0010126 and 0010252. Permit was originally issued 07-14-03. Officer Braddy-Bagwell asked that Case No. 05-061 be continued until the August 23, 2005, Code Enforcement Board Meeting due to no proof of delivery. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-061 Member Donenfeld. seconded bv Vice-Chairman Chancey, moved to continue Case No. 05-061 until the Auqust 23. 2005, Code Enforcement Board MeetinQ at the request of the City of Ocoee. Motion carried 5-0. Case No. 05-059 - Bobby J. Harris clo Alice B. Armstrong Officer Siegrist, having been sworn, asked that Case No. 05-059 be continued until the August 23, 2005, Code Enforcement Board Meeting at the request of the City of Ocoee. Member Donenfeld, seconded bv Member Hopper, moved to continue Case No. 05-059 until the Auqust 23, 2005. Code Enforcement Board Meetinq, at the request of the City of Ocoee. Motion carried 5-0. 5 Code Enforcement Board Minutes July 26, 2005 Case No. 05-063 - Capil & Randi Marin Officer Braddy-Bagwell, having been sworn, stated Case No. 05-063 was in compliance. Case No. 05-064 - Pools of Jade Inc. clo James W. Findley Officer Braddy-Bagwell, having been sworn, stated Case No. 05-064 was in compliance. Case No. 05-065- Bob's Pool Service Inc. clo Robert J. Wendorf 1887 Rushden Drive Officer Braddy-Bagwell Violation Cited: 105.4 05-12-05 NOeV Re-Inspection Date: 06-28-05 07 -18-05 SOV 07-18-05 NOH Meeting Date: 07-26-05 07 -18-05 POS Certified Mail Observation: Failure to complete final inspections for a pool, permit #0401119. Officer Braddy-Bagwell, having been sworn, gave a detailed history of the Case, and stated the property is in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-065 Member Donenfeld, seconded bv Member Henderson, moved in Case No. 05-065 to find the Respondents in violation of Section 105.4 as of Mav 22. 2005. but to Qive until AUQust 22, 2005. to complv or impose fine of $50 per day. Motion carried 5-0. Case No. 05-066 - Jesus & Fabiola Martinez 606 Apricot Drive Officer Rodriguez Violation Cited: 115-3 06-29-05 NOeV Re-Inspection Date: 07-14-05 07 -18-05 SOV 07 -18-05 NOH Meeting Date: 07-26-05 07 -18-05 POS Certified Mail Observation: Misc. junk, debris, equipment. auto-parts, tires, and wood panels on property. Officer Rodriguez, having been sworn, stated Case No. 05-066 was in compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-066 Member Hopper, seconded bv Member Donenfeld. moved in Case No. 05-066 to find the Respondents in violation of Section 115-3 as of Julv 13. 2005. but in compliance as of Julv 22. 2005. and no fine imposed. Motion carried 5-0. Case No. 05-068- Charles & Patsy Butterfield 716 Crystal Drive Violation Cited: 115-6; 115-3 Officer Siegrist 6 Code Enforcement Board Minutes July 26, 2005 06-23-05 Noev Re-Inspection Date: 07-08-05 07-19-05 SOV 07-19-05 NOH Meeting Date: 07-26-05 07-19-05 POS Certified Mail Observation: Dirty swimming pool water, and misc. trash and debris. Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property was in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-068 Vice-Chairman Chancey, seconded bv Member Hopper, moved in Case No. 05- 068 to find the Respondents in violation of Section 115-6 and 115-3 as of Julv 5, 2005. but to qive until Auaust 5. 2005, to complv or impose fine of $250 per day. Motion carried 5-0. Case No. 05-069- Lien Pham Officer Loeffler, having been sworn, stated the City of Ocoee is withdrawing Case No. 05-069 without prejudice. Case No. 04-041- Aurelio Gonzalez Officer Siegrist, having been sworn, stated Case No. 04-041 was in compliance. Case No. 05-041- Anthony F. Cristelli 2011 Lady Avenue Violation Cited: 51-13 15-05-05 NOev Re-Inspection Date: 05-17-05 05-17 -05 SOV 05-17 -05 NOH Meeting Date: 05-24-05 05-17 -05 POS Certified Mail 05-24-05 NS 05-25-05 NOeV 05-25-05 SOV 05-25-05 NOH Meeting Date: 06-28-05 05-26-05 POS Certified Mail 05-26-05 POS Regular Mail 06-13-05 POS Hand Delivery Observation: New shed in backyard without a permit. Officer Siegrist Officer Siegrist, having been sworn, stated the City of Ocoee is requesting that Case No. 05-041 be continued until August 22, 2005. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-041 Member Henderson, seconded bv Member Donenfeld, moved to continue Case No. 05-041 until the Auqust 23. 2005, Code Enforcement Board Meetina. at the request of the City of Ocoee. Motion carried 5-0. 7 Code Enforcement Board Minutes July 26, 2005 Case No. 05-045- James A. Cardwell 428 Little Spring Hill Drive Violation Cited: 51-13 05-23-05 NOev Re-Inspection Date: 06-06-05 06-09-05 SOV 06-09-05 NOH Meeting Date: 06-28-05 06-09-05 POS Certified Mail 06-28-05 CO Given until 07-26-05 or pay $25 per day Observation: Fence without required permit, plans, approval, and inspections. Officer Rodriguez Officer Rodriguez, having been sworn, stated the City of Ocoee is requesting that Case No. 05-045 be continued for 180 days (January 24, 2006). QUESTIONS AND COMMENTS REGARDING CASE NO. 05-045 Vice-Chairman Chancey, seconded bv Member Donenfeld, moved to continue Case No. 05-045 until the January 24. 2006, Code Enforcement Board Meetinq. Motion carried 5-0. Case No. 05-051- Crawford Tire Service, Inc. - c/o: Margaret Crawford & Crawford Tire Company, Raymond Crawford Jr., Gary A. Crawford, & Dana Crawford 110 Taylor Street Officer Siegrist Violation Cited: 115-3 04-15-05 NOeV Re-Inspection Date: 06-08-05 06-10-05 SOV 06-10-05 NOH Meeting Date: 06-28-05 06-10-05 POS Certified Mail 06-28-05 CO Given until 07-15-05 or pay $150 per day, Observation: Many large piles of tires and wheels, including tire storage in semi-tractor trailer. Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property was in non-compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-051 Vice-Chairman Chancey. seconded bv Member Donenfeld. moved in Case No. 05- 051 to impose fine pursuant to order as of Julv 16, 2005. at a rate of $150 per day. Motion carried 4-1 with Member Hopper votinq no. COMMENTS Building Official Jones - Said it was a pleasure to be here. Attorney Mai - None Code Enforcement Officer Braddy-Bagwell - Said Case No. 05-024 is in compliance. 8 Code Enforcement Board Minutes July 26, 2005 Code Enforcement Officer Loeffler - Said Congratulations to the new officers. Code Enforcement Officer Rodriguez - None Code Enforcement Officer Siegrist - Welcomed Building Official Jones. Permitting Clerk Ramos - None Member Donenfeld - None Vice-Chairman Chancey - None Chairman Godek - Said he attended a City Commission Meeting where a rocking chair was presented to John Linebarier. Member Henderson - None Member Hopper - None Deputy Clerk Brasher - None ADJOURNMENT Meeting adjourned at 8:55 p.m. Attest: BJ 1 tQ ) , O/\~ Di~ Brenda Brasher, Deputy City Clerk 9