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Home My WebLink About10-22-2013 Minutes CODE ENFORCEMENT BOARD MINUTES OCTOBER 22, 2013 CALL TO ORDER Chairman Robert 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 Carrington gave the invocation, and Vice - Chairman Lowery led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice - Chairman Lowery, Members Amey, Carrington, Kelley, Osborne, and Alt. Member Hopper. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Member Blynder was absent /excused. GUESTS: None. Administrative Assistant Coffey administered the oath to the code enforcement officers and to anyone intending to speak regarding a case. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE 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. A. Minutes of the SEPTEMBER 24, 2013, Code Enforcement Board Meeting Assistant Support Services Director - Code Enforcement Manager Doug Gaines presented the dismissals- compliances as well as the continuances. B. Dismissal or Compliance Case Number Respondent Location of Violation 13 -132 LUIS ALFONSO BARRAGAN 70 E CIRCLE KEY DRIVE OFFICER HERMILA A BARRAGAN DELGADO 13 -133 ROMERCA INTERNATIONAL INC 300 N BLUFORD AVENUE OFFICER GIMENO - LELAND LOHENGRI DELGADO 13 -134 A AND D OCOEE PLAZA LLC 100 W SILVER STAR ROAD OFFICER DELGADO Case Number Respondent Location of Violation 13 -138 HARPER TRUST 1202 CENTER STREET OFFICER IGNACIO MENDOZA ANDRADE SIEGRIST 13 -139 WEST OAKS TOWNE CENTER LLC 9693 W COLONIAL DRIVE OFFICER DELGADO 13 -140 TRUONG DUNG HOANG 427 STERLING LAKE DRIVE OFFICER SIEGRIST 13 -141 PAUL J / ROSLYN G BRUEGGER 601 L F ROPER PARKWAY OFFICER DELGADO 13 -143 MARK / CARLA HUTCHISON 2008 JOAN JEAN LANE OFFICER SIEGRIST C. Order of Continuance (NOVEMBER 26, 2013 Meeting) Case Number Respondent Location of Violation 13 -085 YASSIM / BIBI SATTER 206 E SILVER STAR ROAD OFFICER SIEGRIST Vice - Chairman Lowery, seconded by Member Kelley, moved the that consent agenda be accepted as presented. Motion carried unanimously. Vice - Chairman Lowery, seconded by Member Carrington, moved that Case #12 -013 be moved to the beginning of the agenda and then revert back to the original agenda order. Motion carried unanimously. COMMENTS FROM CITIZENS None. Page 2 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- APPLICATION 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, LDC — Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, 01F-L- ORDER IMPOSING FINE -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF — ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - POS, 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 HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 12 -013 Angela - Robert Schmitt 1903 Jessica Lea Lane Officer Rodriguez Violation Cited: 105.4 Observation: Failure to obtain any required inspections for an addition, permit #0600815, issued on April 13, 2006 and expired on October 10, 2006. 01 -19 -12 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 02 -18 -12 02 -09 -12 STATEMENT OF VIOLATIONS 02 -09 -12 NOTICE OF HEARING MEETING DATE: 02 -28 -12 02 -09 -12 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 02 -28 -12 ORDER OF CONTINUANCE MEETING DATE: 03 -27 -12 03 -27 -2 ORDER OF CONTINUANCE FOUND IN VIOLATION AS OF 02 -13 -12 TO COMPLY BY 03 -25 -2013 OR FINE OF $100.00 PER DAY. 04 -23 -13 COMPLIANCE ORDER MOTION TO EXTEND FROM 03 -25 -13 TO 10 -22 -13 TO COMPLETE WORK AND COMPLY. 10 -22 -13 ORDER OF CONTINUANCE MOTION TO EXTEND FROM 10 -22 -13 TO 04 -22 -14 TO COMPLETE WORK AND COMPLY. Officer Siegrist presented the case and gave its history. Photos were presented as evidence. The property was re- inspected today. It was observed to be not finished. The respondents have made progress. City requests an additional extension of six months. Angela Schmitt, 1903 Jessica Lee Lane, reported that they have been painting and doors are hung. The Schmitts are working with Home Depot who approved a grant after a four -month waiting period . Testimony was presented that once the grant was approved, supplies arrived. Another grant was approved, and the Schmitts are waiting to pick up supplies. Member Osborne asked if the home is visible to the neighbors. Mrs. Schmitt answered that they do have a fence around the property. Member Hopper asked if they had electricity; Mrs. Schmitt said `no'. He asked if the power had been inspected, she said `yes'. When the member asked if the work had passed inspection, she replied affirmatively. He asked why six months. She answered that they had hoped it would have been done by now. Officer Siegrist said that they are at the mercy of their supplier, but they have had 11 inspections and passed them all. Mrs. Schmitt answered that they are hoping that they will not need that much time. They just got the supplies from Home Depot a month ago. Her husband did the painting and tile work; he is doing the doors now. Page 3 Member Osborne asked what needs to be done to the outside of the home. Mrs. Schmitt answered that exterior paint needs to be applied. Member Osborne asked if paint is included in what has to be inspected. Officer Siegrist answered 'yes'. Vice - Chairman Lowery, seconded by Member Amev, moved that the compliance date be extended to April 22, 2014. Motion carried unanimously. Case No. 13 -142 Debbie / Samuel Avery 902 Alaska Drive Officer Siegrist Violation Cited: 108 -23 Q Observation: Fence in disrepair, backyard, with fallen down sections 09 -11 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 10 -03 -13 10 -08 -13 STATEMENT OF VIOLATIONS 10 -08 -13 NOTICE OF HEARING MEETING DATE: 10 -22 -13 10 -08 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 10 -22 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 10- 02 -13, TO COMPLY BY 11 -08 -13 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. As of today, the property was inspected and observed to be in non - compliance. The City recommends a 15 -day compliance period or a $50 fine per day. Member Hopper asked if the officer had made contact with the respondent. The officer responded that it is vacant property. Member Kelley asked what is behind the fence. Officer Siegrist answered that an empty swimming pool is behind the fence. Member Kelley asked if that was a violation. Officer Siegrist answered 'no'. Member Carrington, seconded by Vice - Chairman Lowery, moved that in case #13 -142, the respondents be found in violation as cited as of October 2, 2013, and be given until November 8, 2013, to comply or be fined $50 /day for each day the violation remains in non - compliance. Motion carried unanimously. Case No. 13 -145 Theresa L Wicker - 414 Caballero Rd Towe - Charlton Officer Loeffler Violation Cited: 115- 3,108 -35 Observation: Unsecured structure with unauthorized egress & occupancy. Conditions constituting an attractive nuisance and a nuisance to the public health, safety and welfare. 09/19/13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 10/08/13 10/09/13 STATEMENT OF VIOLATIONS 10/09/13 NOTICE OF HEARING MEETING DATE: 10/22/13 10/09/13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 10/22/13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 09/30/13 OF 115 -3 AND 108 -35. TO COMPLY BY Page 4 10/28/13 OR FINE OF $50.00 PER DAY. PER VIOLATION UNTIL IN COMPLAINCE. ALSO ALLOW CITY TO ABATE PROPERTY AT SUCH DATE IF IN NON- COMPLIANCE AND ADD COSTS TO FINE. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The case was the result of complaints made by neighbors. As of this date the property remains non - compliant pertaining to the codes as cited. The City is seeking a five -day compliance period. Following the five days, the City is seeking permission to lock the gate to the property and to lock the house. Member Osborne, seconded by Member Amey, moved that in Case #13 -145, the respondents be found in violation as cited as of September 30, 2013, and be given until November 1, 2013, to comply or be fined $50 /day per violation and to authorize City to abate and assess the cost to the fine. Member Hopper asked if the City could move on it before the first of the month. Board Attorney Sneed said `no'. Member Hopper asked if the City could then move the compliance date to October 28 or 29 Member Osborne, seconded by Member Kelley, moved to amend her motion to October 28, 2013. Motion carried unanimously. The original motion with the amended date carried unanimously. COMMENTS Officer Siegrist - showed before /after photos of a property; burned out car was removed as well from another property. Member Hopper - announced that Leon Terry had passed away; he asked that everyone keep the Terry family in their thoughts and prayers Member Kelley — declared that staff was doing a great job working with citizens to reach compliance. Vice - Chairman Lowery — said that it looks like the staff is getting better and better each month. • f ST: APP' • D: / priVIAII r ,40 0 tella W. M CEB Reco ding - k Rs pert Godek, Chairman Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. Page 5