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Home My WebLink About09-27-2005 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING SEPTEMBER 27,2005 CALL TO ORDER Chainnan Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:02 p.m. in the Commission Chambers at City Hall. Member Hopper led the Invocation and Chainnan Godek led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Arney, Hopper, Stanley, and Alternate Member Morton. Also present were Code Enforcement Officers Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, Permitting Clerk Ramos, Attorney Maui, and Deputy City Clerk Brasher. ABSENT: Vice-Chairman Chancey and Alternate Member Lenko, who ere excused. Member Henderson and Member Donenfeld, who were un-excused. CONSENT AGENDA ALL MATTERS USTED UNDER TIlE CONSENT AGENDA ARE CONSIDERED ROUTINE BY TIlE CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF TIlESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF TIlE BOARD, IN WHICH CASE TIlE CHAIRMAN WILL INSTRUCT TIlE BOARD CLERK TO REMOVE TIlE ITEM FROM TIlE 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, August 23, 2005. B. Dismissal or Compliance Case Number Respondent 1. 03-001078 Joel & Candida M. Farias 2. 05-050 Bank Investments, LLC 3. 05-067 Charles W. Argabright 4. 05-074 Gorgornio Ramirez 5. 05-075 Daryl & Wren Fettterhoff 6. 05-084 Chetram & Elawatte Setaram 7. 05-085 Pamela L. Monetti 8. 05-086 Saul J Serrano & Patricia A. Mora Location of Violation 1608 Lady Avenue 860 Maguire Road 426 Caballero Road 815 Apricot Drive 490 Basking Ridge Court 499 Kindling Court 6825 Sawmill Blvd 6748 Lumbetjack Ln Member Hopper. seconded bv Member Amev. moved to avvrove the Consent Af!enda as presented. Motion carried 5-0. Code Enforcement Board Minutes September 27. 2005 Chainnan Godek welcomed new Alternate Member Jim Morton to the Code Enforcement Board. COMMENTS FROM CITIZENS None HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO TIlE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY TIlE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN TIlE CASE TESTIMONY GIVEN BY TIlE CODE ENFORCEMENT OFFICER IN TIlESE MINUTES TIlE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACFD _ AFFIDAVIT OF COMPUANCE FOR DEMOUTION, AOC - AFFIDAVIT OF COMPUANCE, AONC - AFFIDAVIT OF NON-COMPUANCE, ATF- APPUCATION TO FORECLOSE. CO _ COMPUANCE ORDER, CMFD - COMMISSION MEETING FOR DETERMINATION, CS - CONTINUED STAY, CTR _ COPY TO RESPONDENT, ECO _ EXTENDED COMPUANCE ORDER, EX-EXHIBITS, FS- FEES STAYED, LDC - Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH _ NOTICE OF HEARING. NS-No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIFIL- ORDER IMPOSING FINE/LIEN, ONC _ ORDER OF NON-COMPUANCE, 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 COMPUANCE, ROF- REDUCTION OF FINE, SFH - SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD - WITHDREW. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Braddy- Bagwell, Loeffler, Rodriguez, and Siegrist, and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 05-041- Anthony F. Cristelli - 2011 Lady Avenue Officer Siegrist, having been sworn, stated the property was is in compliance. Case No. 05-083 - Denver Harper & Russel Harper - 209 W. Silver Star Rd Officer Siegrist, having been sworn, asked that Case No. 05-083 be continued until the October 25, 2005, Code Enforcement Board Meeting. Member HODDer. seconded bv Alternate Member Morton. moved to continue Case No. 05- 083 until the October 25. 2005. Code Enforcement Board Meeting. at the request of the City. Motion carried 5-0. Case No. 05-087 - Charles L. Bowling & Janice L. Bowling - 710 Russell Drive Officer Siegrist, having been sworn, asked that Case No. 05-087 be continued until the October 25,2005, Code Enforcement Board Meeting. Alternate Member Morton. seconded bv Member Hooper. moved to continue Case No. 05- 087 until the October 25. 2005. Code Enforcement Board Meeting. at the request of the City. Motion carried 5-0. 2 Code Enforcement Board Minutes September 27. 2005 Case No. 05-088 - Curtis L. Martin & Dawn M. Martin 496 Noelwood Court Officer Rodriguez Violation Cited: 115-3; 115-5 09-08-05 NOCV Re-Inspection Date: 09-08-05 09-08-05 SOV 09-14-05 NOH Meeting Date: 09-27-05 09-14-05 POS Certified Mail 09-14-05 POS Regular Mail 09-14-05 POS Posting Observation: Misc. junk, debris, auto-parts on property. Tall weeds/grass in backyard. Officer Loemer, having been sworn, stated the Respondents were repeat violators (Case No. 05-073), presented exhibits, gave a detailed history of the Case and stated the property was in compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-088 Member Amev. seconded bv Alternate Member Morton. moved in Case no. 05-088 to find the Respondents in violation as repeat violators of Sections 115-3 and 115-5 as of September 8.2005. but in compliance as of September 27.2005. and no fine imposed. Member Arney withdrew her motion and Alternate Member Morton withdrew his second. Member Amev. seconded bv Alternate Member Morton. moved in Case No. 05-088 to find the Respondents as repeat violators of Sections 115-3 and 115-5 as of September 8. 2005. but in compliance as of September 23. 2005. and to impose fine of $25 per day. Motion carried 5-0. Case No. 05-089- JPS Investments Group, Inc. - Shastine & John City wide right-of-ways- and utility poles Officer Loeffler Violation Cited: LDC 8-6 R; & 8-2 08-30-05 NOCV Re-Inspection Date: 09-09-05 09-12-05 SOV 09-12-05 NOH Meeting Date: 09-27-05 09-13-05 POS Certified Mail 09-21-05 POS Hand Delivery Observation: Placing ofprohibitedlun-permittedlillegal signs upon utility poles and within the corporate limits of the City ofOcoee, Florida; "Yellow color-plastic signs displaying hand-written message "Need House/House wanted this area (321)299-6100" on utility poles throughout city limits. 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. Contribute to blight/property values and are a general eyesore. Phone number traced to Pavao, Shastine and JPS Investments Group, Inc. As of 8-29-05; small white signs displaying phone number described above and placed in road right-of-ways and medians "For Rent". Code 3 Code Enforcement Board Minutes September 27, 2005 Officers required to stop vehicles on a 45 mph road to remove median signs creating a clear and present danger to motorists and officers. Officer Loeffler, 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. 05-089 Member HopDer. seconded bv Member Amev. moved in Case No. 05-089. to find the Respondents in violation of the Section 8-6 Rand 8-2 of the Land Development Code as of September 7. 2005. but to give until October 24. 2005. to comply or impose fine of $100 per day. Motion carried 5-0. Member Stanlev. seconded bv Member Amev. moved to amend the motion in Case No. 05- 089 to find the Respondents in violation of Section 8-6 Rand 8-2 of the Land Development Code as of September 7. 2005. but to give until October 4. 2005. to comply or impose fine of $100 per day. Motion carried 5-0. Case No. 05-090 - Michael S. Harris - 704 Crystal Drive Officer Siegrist, having been sworn, asked that Case No. 05-090 be continued until the October 25,2005, Code Enforcement Board Meeting. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-090 Member Stanlev. seconded bv Alternate Member Morton. moved to continue Case No. 05- 090 until the October 25. 2005. Code Enforcement Board Meeting. at the request of the City. Motion carried 5-0. Case No. 05-091 - Blanca Rangel 736 N. Lakewood Avenue Officer Siegrist Violation Cited: 115-5; 108-23 Q; 115-3 08-24-05 NOCV Re-Inspection Date: 09-09-05 09-13-05 SOV 09-13-05 NOH Meeting Date: 09-27-05 09-13-05 POS Certified Mail 09-14-05 POS Regular Mail 09-14-05 POS Posting Observation: Weeds/grass growth in excess of 10". Fence in poor condition. Trash and debris (Mostly wood, panels, boards, etc.) Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property was in non-compliance. 4 Code Enforcement Board Minutes September 27. 2005 QUESTIONS AND COMMENTS REGARDING CASE NO. 05-091 Blanca Rangel, having been sworn, stated she purchased this property from HUD and after she closed on the property, the property was condemned. She stated that she did not make any changes to the property, due to the fact that she was working with HUD and her mortgage company to resolve this issue. She further stated the weeds and grass would be moved within the next few days and she asked for a 90 day extension to have the other violations corrected, as the home will have to be demolished. Alternate Member Morton. seconded bv Member Stanlev. moved in Case No. 05-091 to find the Respondent in violation of Section 115-5. 108-13 Q. and 115-3 as of September 8. 2005. but to give until October 24. 2005. to comply or impose fine of $100 per day. Motion carried 5-0. Case No. 05-092 - Bissoondai Narine 6948 Log Jam Court Siegrist Violation Cited: 115-3 08-24-05 NOCV Re-Inspection Date: 09-09-05 09-13-05 SOV 09-13-05 NOH Meeting Date: 09-27-05 09-13-05 POS Certified Mail 09-14-05 POS Regular Mail 09-14-05 POS Posting Observation: Weeds/grass growth in excess oflO". Officer Officer Siegrist, having been sworn, presented exhibits, gave a brief history of the Case, and stated the property was in compliance. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-092 Member Amev. seconded bv Member Stanlev. moved in Case No.05-092 to find the Respondent in violation of Section 115-3 as of September 5. 2005. but in compliance as of September 27.2005. and no fine imposed. Motion carried 5-0. Recess 7:50 p.m. - 8:00 p.m. Member Stanlev. seconded bv Member Hopper. moved to hear Case No. 04-026 for reduction offine. Motion carried 5-0. Case No. 04-026 - Lloyd F. Kruckemyer TR. 904 Hyland Springs Drive Officer 5 Siegrist Violation Cited: 115-5 06-28-04 NOCV 07-15-04 SOV 07-14-04 NOH 07-16-04 POS 07-16-04 POS 07-16-04 POS 07-27-04 OOC 08-03-04 NOH 08-09-04 POS 08-09-04 POS 08-09-04 POS 08-24-04 CO 09-02-04 AONC 09-29-04 OIF As of 09-01-04 10-15-04 AOC 44 days 09-15-05 RFR Total Due $4,400 Observation: Weeds/grass over 10". Code Enforcement Board Minutes September 27. 2005 Re-Inspection Date: 07-12-04 Meeting Date: 07-24-04 Certified Mail Regular Mail Posting Meeting Date: 08-24-04 Certified Mail Regular Mail Posting Given until 08-31-04 or pay $100 per day Officer Siegrist, having been sworn, stated the City has been mowing the grass/weeds at this property and costs of mowing, in the amount of $1,400 have been satisfied with regards to this case. QUESTIONS AND COMMENTS REGARDING CASE NO. 04-026 Present owner of the property, Joseph Chambers, having been sworn, stated he has paid all the past due taxes and the mowing costs associated with this property. He further stated the property is now on a mowing schedule and the property would not be in violation again. Alternate Member Morton. seconded bv Member Stanlev. moved in Case No. 04-026 to reduce the fine to O. Alternate Member Morton withdrew his motion and Member Stanley withdrew her second. Member Amev. seconded bv Member Hopper. moved in Case No. 04-026 to reduce the fine to $500 if paid by October 4. 2005. or the fine reverts back to the original fine of $4.400. Motion carried 5-0. Case No. 05-043- Edward Jason Rawa 418 Tranquille Oaks Drive Violation Cited: 165.3 06-07-05 NOCV Re-Inspection Date: 06-07-05 06-07-05 SOY 06-07-05 NOH Meeting Date: 06-28-05 Officer Braddy-Bagwell 6 Code Enforcement Board Minutes September 27,2005 06-07-05 POS 06-09-05 POS 06-28-05 OIF 08-02-05 AOC 08-23-05 RFR/ROF Total Due $27,500 Observation: Two white trucks, one multi-colored car grey primer, one green truck, one maroon vehicle and one red, without tags and grass overgrown around vehicles. Certified Mail Hand Delivery - Marla Meese Girlfriend $500 per day -Repeat Violator Officer Braddy-Bagwell, having been sworn, stated the Respondent is not present for the re- hearing. (No action taken in Case No. 05-043) Case No. 05-059 - Bobby James Harris 907 Alaska Drive Siegrist Violation Cited: 108-19 A & I; 108-22; 108-23 E (1) &R (1) 06-07-05 NOCV Re-Inspection Date: 07-15-05 07-19-05 SOy 07-19-05 NOlI 07-19-05 POS 07-26-05 OOC 07-27-05 SOy 07-27-05 NOH 07-28-05 POS 08-10-05 POS 08-12-05 POS 08-23-05 CO 09-07 -05 AONC Observation: Roof not watertight/weather tight; interior ceilings and wall in bathroom not in good conditions; no safe adequate and constant supply of potable water; electrical wiring and equipment not maintained to NEC Code; smoke alarms not installed near sleeping areas and operable. Officer Meeting Date: 07-26-05 Certified Mail Meeting Date: 08-23-05 Certified Mail Regular Mail Posting Given until 09-06-05 or pay $250 per day Officer Siegrist, having been sworn, stated there are new owners, and the City requests that the Case be dismissed. (No action taken in Case No. 05-059) Member Amev. seconded bv Member Hooper. moved to rehear Case No. 05-070 for reduction of/ine. Motion carried 4-1 with Alternate Member Morton voting no. Case No. 05-070 - Richard F. Sederland 702 Crystal Drive Violation Cited: 165-3; 115-3 08-05-05 NOCV 08-05-05 SOY 08-05-05 NOH 08-05-05 POS 08-10-05 POS Officer Siegrist Re-Inspection Date: 08-04-05 Meeting Date: 08-23-05 Certified Mail Posting 7 Code Enforcement Board Minutes September 27. 2005 08-23-05 OIF In violation 8-4-05 thru 8-23-05 @$50 per day=$l,OOO total due 09-22-05 RFR/ROF Observation: One Volvo/tanlMichigan tag # VUR745 expired on June 2003, with flat right front and left rear tires, parked on side of the house, and weeds/grass growth in excess of 10". QUESTIONS AND COMMENTS REGARDING CASE NO. 05-070 Respondent Richard Sederland, having been sworn, stated he has had many hardships with regards to ownership of the property and is asking that the fine be reduced. Member HODDer. seconded bv Alternate Member Morton. moved in Case No. 05-070 to deny the reduction offine. Motion carried 4-1 with Member Stanley voting no. Case No. 05-071- Ocoee Equities, LLC and Matthew J. Falconer 10570 W. Colonial Drive Officer Loeffler Violation Cited: 115-5; LDC 6-10 H (1); 108-33 A (1) B; 108-34 A & C 06-27-05 NOCV Re-Inspection Date: 08-03-05 08-08-05 SOV 08-08-05 NOH Meeting Date: 08-23-05 08-08-05 POS Certified Mail Observation: Overgrowth weeds/grass within required landscape areas/un-maintained required landscaping. Turflgrass damaged outside of retaining wall. Retaining wall covered with black stains/mold. Misc. trash and debris littering property and solid waste container areas. Screened solid water container structures; gates left open visible from store front and parking areas. Sign damaged/dilapidated; tops section/crown separated from masonry, stucco, and wood main monument sign. (permit required to repair). Officer Loeffler, having been sworn, stated the property is still in violation and he has had no contact from the owners. QUESTIONS AND COMMENTS REGARDING CASE NO. 05-071 Member HODDer. seconded bv Member Stan lev. moved in Case No. 05-071 to impose fine of $250 per dav effective September 27. 20005. Motion carried 5-0. COMMENTS Attorney Maui - None Code Enforcement Officer Braddy-Bagwell - None Code Enforcement Officer Loeffler - None Code Enforcement Officer Rodriguez - None Code Enforcement Officer Siegrist - Permitting Clerk Ramos - None Member Arney - None Chainnan Godek - Said he recently saw Congressman Feeney and Congressman Feeney sent 8 Code Enforcement Board Minutes September 27, 2005 his regards. Member Hopper - Said it is a pleasure and an honor to serve on the Code Enforcement Board and thanked the citizens for the kind words for the job the Code Enforcement Board is doing. Member Stanley - Welcomed Alternate Member Morton. Alternate Member Morton - Asked why a board member uses the City of Ocoee Fire Department address as their mailing address and stated another member's property address is no longer listed in their name according to Orange County. Deputy City Clerk Brasher stated that Ms. Stanley's husband is the Ocoee Fire Marshall and spouses and children of certain employees have the right to have their address, telephone number, place of employment, etc., withheld according to the State of Florida. Member Morton further questioned Ms. Stanley as to her place of residency. He also stated that the gentleman's (Member Donenfeld) home had recently been sold and he was just doing his personal due diligence. Attorney Maui advised Mr. Morton that ifhe has a problem with a Board Member he should address the problem with the City Commission. Mr. Morton said he does this type of thing for a living. Attorney Maui further advised Mr. Morton to contact the City Commission with regards to this issue. Deputy City Clerk Brasher stated she would contact Member Donenfeld and get his current address. Deputy Clerk Brasher - None ADJOURNMENT Meeting adjourned at 8:40 p.m. Attest: APPROVEn:_~ ~ Chairman .J?ilo /Y)dG~~/ Brenda Brasher, Deputy City Clerk 9