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HomeMy WebLinkAbout11-26-2013 MinutesCODE ENFORCEMENT BOARD MINU'T'ES NOVEMBER 26, 2013 CALL TO ORDER Chairman Robert 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 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 bowery, Members Carrington, Kelley, and Alt. Member Hopper. Also present were, Code Enforcement Officers Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Asst. Support Services Director - Code Enforcement Manager Doug Gaines, and Members Amey, Blynder and Osborne were 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 1111 CONSEN "F AGENDA ARL CONSIDERED TO BF. ROUI INF BY TIIE CODE FNFORCFMENI BOARD AND WILL IW ACTED UPON 13Y ONL MOTION THERE WILL BE NO SEPARATE DISCUSSION OF TIIFSF ITF,MS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, IN WHICH CASE TIIE CHAIRMAN WILL INSI RUC 1 111E BOARD CLERK "LO REMOW, 1 I "FEM FROM "IHF CONSFNI' AGENDA AND SUCH ITEM WILE BE CONSIDERED SEPARATI,LY. A. Minutes of the OCTOBER 22, 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 13 -148 LOU E. BF,NOIST TR OFFICER DELGADO 13 -154 DEAN HARPER, INC. OFFICER DF,LGADO 13 -156 MAGGIE .IONES OFFICER DELGADO Vocation of Violation 70 E CIRCLE KEY DRIVE 99 CYPRESS KEY COURT 1104 DOREEN AVE Case Number Respondent 13 -159 PABLO MORALES OFFICER DELGADO 13 -160 F,STED M ROBERTS OFFICER BONNIE F ROBERTS DELGADO FEI,IX FIGUEROA 13161 REGIONS BANK & SIIOPPING OFFICER C/O FOWLER WI1ITF BOGGS PA DELGADO C. Order of Continuance (NOVEMBER 26, 2013 Meeting) Case Number Responde g 13 -155 APRIL. ACCOR OFFICER DELGADO Location of V iolation 25 COQUINA KEY DRIVE 77 SIESTA KEY COURT 250 MOORE ROAD Location of Violation 639 SAFE HARBOUR DRIVE Member Kelley, seconded by Member Carrington, moved that the consent agenda be accepted as presented. Motion passed unanimously. Mice- Chairman Lowery, seconded by Member Kelley, moved that Cases #08 -075, 13 -085, 13 -152 be moved to beginning of the agenda and then revert back to the _ori(zinal _u e-tzd _or_d Motion passed unanimousIv. COMMENTS FROM CITIZENS None. HEARINGS OF.STATEMENTS OF VIOLATIONS PURSUAN 1 TO THE HEARING RULES ADOP 111) 13Y TIIIS BOARD ON JUNE 27, 1995, VARIOUS DOCJMFN IS ARE USED BY THE CODL ENFORCEMLN I OFFICERS IN FACH CASE AND ARE REPORTED IN THE: CASE IESI IMONY GIVEN 13Y 'If IF COOL ENFORCEMENT OFFICER. IN THFSF MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBIZEVIA'IFD AS FOLLOWS_ ACED - AFFIDAVII OF COMPLIANCE FOR DF:MOI,FIION, AOC - At 01: COMPLIANCE., AONC - AFFIDAVI'F OF NON- COMPLIANCF, At 'F- APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD -- COMMISSION MLI:I ING FOR DETERMINATION, CS CON FINFIED STAY, CTR - COPY TO RIiSPONDL:NI ECO -- F.XTFNDFD COMPLIANCE ORDL:R, EX- EXHIBITS, FS- F'FES SI'AYF.D, LDC Land Development Code, NOCV - NOTICE OF CODE VIOLA ION, NOFI - NOTICE OF HEARING, NS -No Seitiice OAF ORDER AUIIIOREZING FORECLOSURE„ 0IF -1 -- ORDER IMPOSING FINE -LILN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE:. , OR1 ORDILR REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - POS, RFR - REQUF.ST FOR REHEARING, RI- RF.QUF:SI FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDACTION OF FINE. SFH SUBPOFNA FOR HEARING. SOV - STAIFMFNT OF VIOLATION (S) and WD WITHDREW. _ - Page 2 HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 08 -075 Theresa Morales 1714 Palmerston Circle Officer Siegrist Violation(s) cited: 105.4 Observation: Failure to obtain any required final inspections for Fence, permit # 0602221, issued on September 08, 2006 and expired March 07, 2007. 09 -11 -13 NO FICE OF CODE VIOLATION 10 -08 -13 STATEMENT OF VIOI:ATIONS 10 -08 -13 NOTICE OF HEARING 10 -08 -13 ALL DOCUMENTS SENT BY 10 -22 -13 COMPLIANCE ORDER 2 -05 -08 NOTICE OF CODE VIOLATION 3 -10 -08 STATEMENT OF VIOLATIONS 3 -10 -08 NOTICE OF HEARING 3 -10 -08 PROOF OF SERVICE 3 -25 -08 ORDER OF CONTINUANCE 3 -28 -08 PROOF OF SERVICE 4-11-08 PROOF OF SERVICE 4 -22 -08 COMPI_,IANCE ORDER 5- 27 -08 ORDER IMPOSING FINEAJEN 6 -19 -09 AFFADAVIT OF COMPLIANCE 6 -23 -09 ORDER IMPOSING FINE /LIEN 09/25/12 RECOMMENDATION ORDER 10 -16 -13 REQUEST FOR REDUCTION RE- INSPECTION DATE: 10 -03 -13 MEETING DATE: 10 -22 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 10- 02 -13, TO COMPLY BY 1 1 -08 -13 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCF,. RE- INSPECTION DATE: 02 -27 -08 MEETING_; DATE: 03 -25 -08 REGULAR AND CERTIFIED MAIL, MEETING DATE: 4 -22 -08 REGULAR AND CERTIFIED MAIL. POSTING FOUND IN VIOLATION AS CITED GIVEN UNTIL 5 -23 -08 TO COMPLY OR BE FINED $150.00 A DAY TOTAL DUE $58,650.00 BOARD RECOMMENDS TO REDUCE FINE TO CITY COSTS ONLY OF $637.78. TO BE DETERMINED BY CITY COMMISSION 10- 16 -12, MEETING DATE: 11 -26 -2013 1 I -26 -13 C.E.B. RECOMMENDATION: TO REDUCE FINE TO $2000.00 AND TO BE PAID WITHIN 60 DAYS OF THE COMMISSION DECISION, TO BE HEARD BY THE COMMISSION BOARD FOR FINAL DECISION. Vice - Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #08 -075 for possible reduction of tine. Officer Loeffler explained that the respondent was previously given a deadline by which to pay the reduced fine, but the respondent did not meet the date. The officer said he believed that a new property owner took over the property in the meantime. Chairman Godek asked what the original fine amount was. Officer Loeffler answered that it was $58,650. Page 3 Chairman Godek asked if it was known why the respondent never paid. The officer replied that he did not know. The officer added that the City had no problem with the previous reduction, and that the commission had previously approved the $2000 reduced fine. Mr. Sean Mills, attorney at OS Law, LLC, located at 2290 Lucien Way, Maitland, FL, representing the current property owner, stated that his client took title of the property during the time that US Bank was to come into compliance and pay the $2000. Attorney Mills continued that it was his understanding that US Bank had little interest in paying off the fine. Ile stated that his client was an innocent party to the previous failure to pay. Attorney Mills said that his client was asking that the fine be reduced back to $2000. Alt. Member Hopper stated that Attorney Mills would have to present his request again to the commission as this board could only make a recommendation to the commission. Attorney Mills said that he understood. Further discussion ensued regarding the action to be taken by the board. Alt. Member Hopper, seconded by Vice - Chairman Lowerli, moved that in Case 908 -075 the code board recommends to the c th t he one he reduc t o 82 The ink n�iu he paid within 60 days of the date t he c ommis si on makes its determi Motion� unanimc2usly. Case No. 13 -085 Yassim Satter / Bibi Z Satter 206 E Silver Star Rd Officer Siegrist Violation(s) cited: 115 -3, 51 -13 Observation: misc. Trash/debris on property incl. Scrap metal, many washing machines and large storage container 06 -27 -13 NOTICE OF CODE VIOLATION 07 -17 -13 STATEMENT OF VIOLATIONS 07 -17 -13 NOTICE OF HEARING 07 -17 -13 ALL DOCUMENTS SENT BY 08 -27 -13 ORDER OF CONTINUANCE 09 -24 -13 ORDER 01 CONTINUANCE 10 -22 -13 ORDER OF CONTINUANCE 11-26-13 COMPLIANCE ORDER RF- INSPECTION DATE: 07 -16 -13 MEETING DATE: 07-23-13 REG. & CERTIFIED MAIL MEETING DATE: 09 -24 -13 MEETING DATE: 10- 22-13 MEETING DATE 11-26-13 FOUND IN VIOLATION AS OF 07 -18 -13 OF 51 -13. TO COMPLY BY 12 -03 -13 OR FINE, OF $100.00 PER DAY UNTIL IN COMPLIANCE. Officer Siegrist presented the case and gave its history. Photographs were submitted as evidence. As of July 16th, compliance was reached with 115-3. Code 51 -13 compliance is still outstanding. As of today, the property is non - compliant Officer Siegrist reported that Deputy Building Official Dean Hall had met with the respondents and had told them to get structural engineer drawings in order to get approval. The respondents planned to put a structure over the container in the yard. Alt. Member Hopper asked where the property was located. Officer Siegrist described the location. Alt. Member Hopper asked what the City's stance was on the matter. Officer Siegrist said that he had no problem with giving the respondents more time since the respondents are making an effort, albeit slowly. Alt. Member Hopper agreed, but also stated that it may be time to draw the line. - Page 4 Member Carrington expressed his dislike of extending the time, noting that the respondents have already received three continuances. Vice - Chairman Lowery asked for the City's stance on the case. Officer Siegrist said he has no problem with an additional 30 to 45 days. Member Carrington said that the board has already given continuances. Board Attorney Sneed asked the officer if he could let the board know why the continuances occurred. Officer Siegrist answered that they are in communication with the respondents, and progress is being made, but compliance has not been reached. Member Kelley asked about the neighbors. Officer Siegrist answered that he has had no problems with the neighbors. He thinks that the neighbors were more concerned about the metal junk that was in the yard which has been removed. Further discussion ensued. Mr. Shaheed Sattar, 206 E. Silver Star Road, son of the respondents, spoke on behalf of the case. Mr. Sattar testified that when they got the property, they went to the building department to ask to place a structure on the property to contain certain items after a theft of their personal property occurred (two generators, among other things, were stolen). This happened to the neighbor at 204 E. Silver Star Road as well. The next door neighbor called Mr. Sattar about the items sitting on Mr. Sattar's property. Mr. Sattar explained that he had recently married and had brought things from the garage of his previous dwelling to the East Silver Star Road property. Due to being involved with his wedding, the equipment had not been moved. Officer Siegrist said that the City allows such containers to stay on the property for thirty (30) days. Alt. Member Hopper continued to discuss the matter with Mr. Sattar, and it was concluded that the respondents wanted to have the storage container become a permanent fixture on the property with a covering over it. Alt. Member Hopper expressed concern that such a structure might not meet code. Board Attorney Sneed reminded the board that the matter before the board is about work being done without a permit, not whether or not the storage unit can be on the property. She said the testimony presented has been about meeting with the City to determine how to get the permit. Member Carrington asked what has happened between Mr. Sattar and the City regarding obtaining the permit over the ninety days. Mr. Sattar said that his father lives in New York and is not often available to assist much with the process. They only recently found a structural engineer. When that happened, Mr. Sattar testified that he hurried over to the building department. Officer Siegrist said that they had been working for quite some time with the zoning staff member at the City when they needed to be working with the building division, but no one told them that. This is where much time was lost. Member Carrington stated that the matter needs to be finalized sooner rather than later. Mr. Sattar said that the architectural engineer says that he can have the plans ready before Thanksgiving. The plans will then need to be submitted to the building division. Officer Siegrist said the plans will need to be reviewed/ approved. Board Attorney Sneed said to Mr. Sattar that the board is going to set a date [for compliance], and if they were not able to obtain a permit by that date, the structure would need to be removed or fines will begin accruing. She asked Mr. Sattar if he understood that. Mr. Sattar answered that he understood. Page 5 Member Keller, seconded by Member Carrington, moved that in Case 913 -085, the respondents be found in violation 51 -13 as ofJuly 18, 2013, and given until December 31, 2013, to comply or be fined 8100.00 per day for each day the violation remains in non - compliance. Alt. Member Hopper stated that compliance is simply for the respondent to get a permit. Chairman Godek said that was correct. Motion z)assed unanimousl Case No. 13 -152 Greg Adkins / Louise Hoyds 710 Crystal Drive Officer Loeffler Violation(s) cited: 115-3,108-35,108-24 Observation: Wide open / unsecured access to a unsanitary in- ground swimming pool. (Pool not -to -code) Tall weeds and grass. Conditions constituting a dangerous public nuisance, attractive nuisance to the public health, safety and welfare. Conditions creating a blighted effect impacting the neighborhood and city. 10 -24 -13 NOTICE OF CODE VIOLATION 11 -13 -13 STATEMENT OF VIOLATIONS 11-13-13 NOTICE OF HEARING 11 -13 -13 ALL DOCUMENTS SENT BY 11-26-13 COMPLIANCE ORDER RE- INSPECTION DATE: 11-12-13 MEETING DATE: 11 -26 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 11 -03 -13 OF 115 -3, 108 -24, 108 -35. TO COMPLY BY 12 -10 -13 OR FINE OF $75.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. ALSO AUTHORIZE CITY TO ABATE BY SANITATION AND SECURITY ONLY AND ADD THE COSTS THE FINE IF NOT IN COMPLIANCE BY DATE NOTED. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. (Member Carrington confirmed that the compliance date should have been November 3, 2013, rather than October 3, 2013 as was written). The property is vacant and in the foreclosure process. A representative is present to speak about the case. Officer Loeffler said the City is asking for: a 15 -day compliance time, a $75 per day fine, and the authorization to abate the property. Ms. Cynthia Talton, attorney for Wells Fargo Bank located at 4919 Memorial Highway, Suite 200, Tampa, Florida, said her client recently found out that the property was vacant; they are in theforeclosure process and are asking for an extension of 30 to 45 days to allow them to do the work to correct the violations. Alt. Member Hopper said he would say 'no' to such a request because the violations are a danger to the community. Member Carrington proposed that the City abate the property and pass the fee on to Wells Fargo. This way the hazards could be secured much sooner. Member Kelley stated that the abatement would not bring the property into compliance, but simply fix the most pressing safety issues. Member Carrington stated that he thought waiting 30 to 45 days was ridiculous. Page 6 Alt. Member Hopper asked what Wells Fargo wanted to do. Attorney Talton said that her client wanted to fix the problem so that they did not get stuck with the huge fines once they gained title to the property in foreclosure. Alt. Member Hopper explained to the attorney his problem with the hazard that the unsecured pool presented. Member Carrington said he did not understand why Wells Fargo could not get the property straightened out sooner than 30 to 45 days. Officer Loeffler stated that while the City is capable of abating the entire nuisance, it could also simply secure the property which would resolve the biggest danger while leaving it for someone else to remove the swimming pool and mow the grass. Member Kelley, seconded by Member Carrington, moved shat in Case 413 -152, the respondents be found in violation as cited as of November 3, 2013, and be given until December 10, 2013, to comply or be fined $75 per day, per violation until compliance is reached, and to authorize the City to abate the sanitation and security issues and add the cost to the fine. Alt. Member Hopper expressed concern that the property would not be abated until after the 15 -day compliance period, but Board Attorney Sneed reminded him that they must wait after the compliance period before the City takes action. Motion passed unanimously. Case No. 13 -151 (Repeat Violation) 112 Burnt Tree Court JAMES H WYMER JR Officer Siegrist Violation(s) cited: 115 -3 Observation: Misc. trash /debris on property, incl.: concrete blocks side and backyards; bldg. materials side and backyards; boats without trailers front and backyards; etc. 10 -24 -13 NOTICE OF CODE VIOLATION 10 -24 -13 STATEMENT OF VIOLATIONS 10 -24 -13 NOTICE OF HEARING 10 -24 -13 ALL DOCUMENTS SENT BY 10 -24 -13 PROOF OF NOTICE BY POSTING 11 -26 -13 COMPLIANCE ORDER RE- INSPECTION DATE: N -A MEETING DATE: 11 -26 -13 REG. & CERTIFIED MAIL FOUND IN REPEAT VIOLATION AS OF 10 -23 -13 FOR 115 -3. THIS FINE OF $50.00 PER DAY SHALL START AS OF 10- 23 -13. 11 -27 -13 ORDER IMPOSING FINE -LIEN 11 -27 -13 PROOF OF SERVICE CERTIFIED MAIL Officer Siegrist presented the case as a repeat violation. He presented the case and gave its history. Photos presented as evidence. As of today property is non - compliant. City recommends a fine of $50 per day. Chairman Godek asked if they paid a fine before. Officer Siegrist said they met their compliance date, and hence, have never been fined. -- Page 7 Member Carrington, seconded by Member Kelley, moved that in Case 413 -151, the respondent be found in repeat violation as cited as of October 23, 2013, and be fined $50 per day until the respondent comes into compliance. Motion passed unanimously. Case No. 13 -162 Winnifred H Griffin Estate 125 N Lakeshore Drive C/O Richard Lee Griffin Officer Loeffler Violation(s) cited: 115-3,108-19,51-13, Observation: Public Nuisance Condition / Minimum Housing Standards Violation(s): Open, non - functioning septic system with related nuisance odor and waste water system not in compliance with Minimum Housing Standards. Fence (Dog-pen) constructed without required permit, review, approval, paid fees or inspections. 10 -11 -13 NOTICE OF CODE VIOLATION 11 -12 -13 STATEMENT OF VIOLATIONS 11 -12 -13 NOTICE OF HEARING 11-12-13 ALL DOCUMENTS SENT BY 11 -26 -13 COMPLIANCE ORDER RE- INSPECTION DATE: 11 -12 -13 MEETING DATE: 11 -26 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 11 -01 -13 OF 115 -3, 108 -19, 51 -13. TO COMPLY BY 12 -06 -13 OR FINE OF $250.00 PER DAY, PER VIOLATION, UNTIL IN COMPLIANCE. Officer Loeffler presented the case and gave its history. Photos were presented and passed around (the projector had a malfunction). The violation specifically prescribed contacting Orange County Health Department for the septic to be handled with a permit since Ocoee does not have jurisdiction in the matter. Chairman Godek asked if the trench was like an open sewer. Officer Loeffler answered "Yes, that's what the neighbors say." Member Kelley, seconded by Member Carrin ,-ton, moved that in Case 413 -162, the respondent be found in violation as of November 1. 2013, as cited and be given until December 6, 2013, or pav $250 per day, per violation for each day the violation remains in non - compliance. Alt. Member Hopper asked if someone was living there. Officer Loeffler answered, "Yes. According to the neighbors, there are a lot of them [living there]." Motion passed unanimously. Case No. 13 -163 James E Freeman l Joann J Freeman 2413 Greywall Avenue Officer Loeffler Violation(s) cited: 108 -24 D Observation: Vehicle with expired tag; front driveway. Vehicle has evidence of non - operational condition; spider /dust webs, debris. Low tire pressure. 10 -21 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 10 -28 -13 11 -13 -13 STATEMENT OF VIOLATIONS - - Page 8 - - - _ - - - -- 11-13-13 NOTICE OF HEARING 11-13-13 ALL DOCUMENTS SENT BY 11 -26 -13 COMPLIANCE ORDER MEETING DATE: 11 -26 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 10 -30 -13 OF 108 -24D. TO COMPLY BY 12 -13 -13 OR FINE OF $ 50.00 PER DAY UNTIL IN COMPLIANCE. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. As of this date the inoperable and expired -tag vehicle remains. There has been no contact from the respondents. The City recommends a fine of $25 per day and a 15 -day compliance period. Vice - Chairman Lowery, seconded by Alt. Member Hopper, moved that the respondents be found in violation as cited as of October 30, 2013, and be given until December 13, 2013, to come into compliance or be fined $25 per day thereafter. Member Kelley said he did not see the fine as a sufficient motivator given that the respondents had been in violation for well over a month with the neighbors having had to live with it. Further discussion ensued. Member Carrington, seconded by Member Kelley, moved to amend the rnotion by proposing that the fine be S50 per day. Motion passed by a Majority roll -call vote of 4 to I with Vice - Chairman Lowery dissenting. Vice - Chairman Lowery, seconded by Alt. Member Hopper, moved that the respondents be found in violation as cited as of October 30, 2013, and be given until December 13, 2013, to come into compliance or be fined S50 per day thereafter. Motion passed unanimously. Case No. 13 -164 Gerald D Cothern / Joni K Cothern 1405 Prairie Oaks Court Violation(s) cited: 115 -5 Observation: Overgrown / tall weeds and grass: vacant lot within 500' of improved residential 10 -14 -13 NOTICE OF CODE VIOLATION 11-13-13 STATEMENT OF VIOLATIONS 11-13-13 NOTICE OF HEARING 11-13-13 ALL DOCUMENTS SENT BY 11-26-13 COMPLIANCE ORDER RE- INSPECTION DATE: 10 -31 -13 MEETING DATE: 11 -26 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 10 -30 -13 OF 1 15 -5. TO COMPLY BY 12 -06 -13 OR FINE OF $25.00 PER DAY UNTIL IN COMPLIANCE. ALSO AUTHORIZE CITY TO ABATE AND ADD COSTS TO FINE. BC Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The observation happened in response to a citizen complaint. As of this date, the property is still in violation. Member Kelley, seconded by Alt. Member Hopper, moved that respondent be found in violation as cited as of October 30, 2013, and be given until December 6, 2013, to comply or be fined $25 per day for each day the property remains in non - compliance, and additionally to authorize City to abate the violation and pass all cost on the respondent. Motion passed unanimously. Page 9 Case No. 13 -165 William Christopher Vaughan / Green Tree Servicing 1354 Olympia Park Circle Walter Investment Mgt. Corp. Officer Loeffler Violation(s) cited: 115 -3, 108 -35 Observation: PUBLIC NUISANCE CONDITIONS: Danger To The Public Health, Safety and Welfare. Unsecured fence / gate leading to unsecured open pool enclosure personnel door and missing screens, leading to a unsecured wide open dwelling structure. Overgrown / tall weeds and grass. Conditions constituting a dangerous public nuisance / attractive nuisance and menace to the public health, safety & welfare. Creating a blighted effect upon the neighborhood and the city. 10 -10 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 11 -14 -13 11-15-13 STATEMENT OF VIOLATIONS 11 -15 -13 NOTICE OF HEARING MEETING DATE: 11 -26 -13 11-15-13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11-26-13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 10 -25 -13 OF 1 15- 3,108 -35. TO COMPLY BY 12 -06 -13 OR FINE OF $ 150.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. ALSO AUTHORIZE CITY TO ABATE AND ADD COST TO FINE IF NOT COMPLIED BY DATE NOTED. BC. Officer Loeffler disclosed that this case is being presented strictly from the case file. The officer presented the case and gave its history. Photos were presented as exhibits. Orange County records only showed Mr. William C. Vaughn as the property owner. As of November 14, 2013, the property was verified as non- compliant. Confusion between this property and one with a similar address delayed the presenting of this case. Alt. Member Hopper asked if there was a real danger. Officer Loeffler replied, "Absolutely." He continued that he would like to see complete abatement of the property given the neighborhood, the conditions, and the length of time that the property has been this way. Further discussion ensued. Officer Loeffler answered that the City's contractor can treat the pool, mow and secure the property. He continued that, by ordinance, the main goal is to treat the pool in order to kill the mosquito larvae. Board Attorney Sneed advised that whoever makes the motion should mention the respondent by his name - William Christopher Vaughn. Member Carrinzton, seconded by Member Kelley, moved that in Case 413 -165, the respondent, William Christopher Vaughn found in violation of codes 115 -3 and 108 -35 as of October 25, 2013, and be given until December 6, 2013, to comply or be fined 5150 per day, per violation for each day the violations remain in non - compliance; and further to authorize the City to completely abate the nuisance and pass the cost on to the respondent. Motion passed unanimously. OTHER BUSINESS Case No. 13 -142 Debbie Avery / Samuel Avery 902 Alaska Drive Violation(s) cited: 108 -23 Q 09 -11 -13 NOTICE OF CODE VIOLATION 10 -08 -13 STATEMENT OF VIOLATIONS Officer Siegrist RE- INSPECTION DATE: 10 -03 -13 Page 10 10 -08 -13 NOTICE OF HEARING 10 -08 -13 ALL DOCUMENTS SENT BY 10 -11 -13 PROOF OF NOTICE BY POSTING 10 -22 -13 COMPLIANCE ORDER 11 -11 -13 AFFIDAVIT OF NON- COMPLIANCE 11 -26 -13 IMPOSE FINE 11-27-13 ORDER IMPOSING FINE -LIEN 11 -27 -13 PROOF OF SERVICE MEETING DATE: 10 -22 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 10- 02 -13, TO COMPLY BY 11 -08 -13 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. BEGIN FINE AS OF 1 1 -09 -2013 CERTIFIED MAIL Officer Siegrist presented the case as a repeat violation. As of November 9, 2013, there was an affidavit of non - compliance on file. Vice - Chairman Lowery, seconded by Alt. Member Hopper, moved to impose tine as of November 9, 2013. Motion passed unanimously. Case No. 13 -145 Theresa L Wicker -Towe- Charlton 414 Caballero Rd Officer Loeffler Violation(s) 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 10 -09 -13 STATEMENT OF VIOLATIONS 10 -09 -13 NOTICE OF HEARING 10 -09 -13 ALL DOCUMENTS SENT BY 10 -22 -13 COMPLIANCE ORDER RE- INSPECTION DATE: 10 -08 -13 MEETING DATE: 10 -22 -13 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 09 -30 -13 OF 115 -3 AND 108 -35. TO COMPLY BY 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 11-26-13 FULL COMPLIANCE AND ADD COSTS TO FINE. NO ACTION TAKEN Officer Loeffler reported that there was no action needed regarding this property. The property is in full compliance. December Meeting Chairman Godek raised the matter about whether or not there would be a December meeting. Alt. Member Hopper, seconded by Member Kelley, moved that there be no meeting in December 2013. Motion passed unanimously Page 11 COMMENTS Officer Siegrist — wished everyone a great holiday. Alt. Member Hopper - wished Happy Holidays to everyone and expressed his appreciation to the commission for authorizing funds for Christmas decorations for the City. Vice - Chairman Lowery - wished citizens Happy Holidays, and added that he is looking forward to new year. Member Carrington — encouraged the staff to keep up the good work, and wished everyone Happy Holidays. Member Kelley - expressed thanks to officers for a great year with a lot of hard work and wished everyone Happy Holidays. Chairman Godek - said he did not want to catch anything (sickness) that others had. (Sniffles and coughs could be heard in the Chambers. Laughing erupted as a result of the chairman's remark). He wished everyone a Merry Christmas and Happy New Year. He added that the officers were doing a great job, and that he would see everyone next year. ADJOURNMENT Meeting adjourned at 8:09 p.m. 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 Clerks Office 48 hours in advance of the meeting. Page 12