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Home My WebLink About02-25-2014 MinutesCODE ENFORCEMENT BOARD MINUTES FEBRUARY 25, 2014 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 Member Amey 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, Blynder, Carrington, Osborne, and Alt. Member Hopper. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado, Edward Loeffler, and Robert Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Diana Turner. ABSENT: Member Kelley 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 "TIIF. CONSENT AGENDA ARE' CONSIDERED TO BE ROUTINE BY THE, CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON 13Y ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED 13Y A MEMBER OP "THE BOARD, IN WHICH CASE "1'111; CHAIRMAN WILL INSTRUCT TIIE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Minutes of the JANUARY 28, 2014, Code Enforcement Board Meeting B. Dismissal or Compliance Case Number Respondent Location of Violation C. Order of Continuance None Case Number Respondent Location of Violation Member Carrington, seconded by Vice - Chairman Lowery, moved to accept the minutes of the January 28, 2014, Code Enforcement Board ineeting. Motion carried unanimously. Vice - Chairman Lowery, seconded by Alt. Member Hopper, moved that Cases 414 -003, 911 -005, and 11- 282 be moved to the beginning of the agenda and then revert back to the original agenda. Motion carried unanimously. COMMENTS FROM CITIZENS None. HEARINGS OF.STATEMENTS OF VIOLATIONS PURSUANT TO THE IIEARING RULES ADOPTED BY'I HIS BOARD ON .TUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY I'HE CODE ENFORCEMENT' OFFICERS IN EACH CASE AND ARE REPORTED IN THE CAST: TESTIMONY GIVEN 13Y THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACED - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVI1 OF COMPLIANCE, AONC - AFFIDAVIT OP 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- EXIIIBI'ES, FS- FEES STAYED, LDC - Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS -No Scnvice, OAF - ORDER AUTHORIZING FORECLOSIJRF, OIF -I; ORDER IMPOSING FINE: -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER 01; CONTINUANCE, , ORE — ORDER REDUCING FINE, PDFS - PER DAY FINE: SUSPENDED, POS - POS, RFR - REQUEST FOR REHEARING, RFRDUC- RF,QUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OP 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. 14 -003 Susan Herring 926 E Silver Star Road Violation Cited: 115 -3 Observation: Misc. trash /debris on property. Officer Siegrist 01/15/14 NOTICE OF CODE VIOLATION 02/12/14 STATEMENT OF VIOLATIONS 02/12/14 NOTICE OF HEARING 02/12/14 ALL DOCUMENTS SENT BY 02/25/14 BOARD ORDER RE- INSPECTION DATE: 02/08/14 MEETING DATE: 02/25/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 02/08/14 OF 115 -3. FOUND IN COMPLIANCE AS OF 02/25/14. NO FINE. Officer Siegrist presented the case and gave its history. Exhibits (photos) were presented. On February 25, 2014, the officer re- inspected the property and observed it to be in compliance. Susan Herring, 926 E. Silver Star Road, approached the podium and thanked Officer Siegrist for his assistance in resolving the issues. She continued by saying that although her property is in compliance, her neighbors continue to complain. Chairman Godek advised that this discourse should only refer to the present case. Ms. Herring inquired where she should place items that belong outside. Chairman Godek advised her to continue to follow the City's Code. Chairman Godek asked for the date of compliance. Officer Siegrist responded that the property came into compliance today, February 25, 2014. Vice - Chairman Lowery seconded by MemberAmey, moved that in Case 914 -003, the respondent be found in violation as cited as of February 8, 2014, and in compliance as of February 25, 2014, and that no fine be assessed. Motion carried unanimously. Vice - Chairman Lowery, seconded by Member Amey, moved to re -hear Case 411 -005, for request of reduction oLfine. Motion carried unanimously. Page 2 Case No. 11 -005 John D. Coughlin and Diana Coughlin 1408 Wanda Street Officer Delgado Violation Cited: 115-3,165-3, 165 -4 (INFORMATION ONLY) Observation: Miscellaneous junk/debris on property. Untagged / Expired Tag /Inoperable Vehicle on the property - van expired tag /inoperable. 10/29/10 NOTICE OF CODE VIOLATION 12/22/10 STATEMENT OF VIOLATIONS 12/22/10 NOTICE OF HEARING 01/03/11 PROOF OF SERVICE 01/31/11 ORDER OF CONTINUACE 02/22/11 COMPLIANCE ORDER RE- INSPECTION DATE: 12/21/10 MEETING DATE: 01/25/11 REG. & CERTIFIED MAIL REG & CERTIFIED MAIL (MEETING DATE 02/22/11) FOUND IN VIOLATION AS OF (115- 3,165 -3) 12/02/10. TO COMPLY BY 03/22/11 OR FINE OF $100.00 PER DAY PER VIOLATION. 03/22/11 AFFIDAVIT OF NON - COMPLIANCE 03/22/11 PER C.E.B. 03/22/11 ORDER IMPOSING FINE /LIEN 03/23/11 PROOF OF SERVICE 05/23/11 AFFIDAVIT OF NON COMPLIANCE 07/25/11 AFFIDAVIT OF NON COMPLIANCE 09/27/11 AFFIDAVIT OF NON COMPLIANCE 11/29/11 AFFIDAVIT OF NON COMPLIANCE 01/30/12 AFFIDAVIT OF NON COMPLIANCE 04/05/12 AFFIDAVIT OF NON COMPLIANCE 06/18/12 AFFIDAVIT OF NON COMPLIANCE 08/21/12 AFFIDAVIT OF NON COMPLIANCE 10/26/12 AFFIDAVIT OF NON COMPLIANCE 01/09/13 AFFIDAVIT OF COMPLIANCE 01/17/13 NOTICE OF CLAIM OF LIEN 01/17/13 PROOF OF SERVICE 01/27/14 REQUEST FOR REDUCTION 02/25/14 C.E.B. RECOMMENDATION: IMPOSE FINE /LIEN AS OF 03/23/2011 REG & CERTIFIED MAIL TOTAL DUE $204,600.00 CERTIFIED MAIL MEETING DATE: 02/25/14 TO OMIT /DELETE FINE AND ONLY CHARGE AN AMOUNT OF "CITY COST ONLY" OF $1983.92. CASE TO BE HEARD BY COMMISSION FOR FINAL DECISION. Officer Delgado presented the case and gave its history. Exhibits (photos) were presented. James Thayer, 1327 Lauanham Ct., Apopka, FL, and Jack Coughlin, 1791 Terra Verde Lane, Chuluota, FL, approached the podium and addressed the board. Mr. Thayer advised that he is the business partner of the respondent, Jack Coughlin. He continued by saying that they purchased the foreclosed home in October 2012, and that the fine was incurred by the previous owner. The property is in compliance. Vice - Chairman Lowery inquired if the respondents knew they were purchasing a property with liens against it. Mr. Thayer responded that the property was a foreclosure, and the liens were enjoined in the foreclosure action. Board Attorney Sneed explained that the language used by title companies and judges is often confusing, and often clouds the issue. Member Blynder asked when the property came into compliance. Officer Delgado stated it came into compliance January 9, 2013. Page 3 Member Osborne, seconded by Member Blunder, moved that in Case 911 -005, that the Code Enforcement Board recommend to the City Commission that the lien be removed, and to reduce the tine to the City's cost of $1983.92. Alt. Member Hopper inquired if the fine imposed is inclusive of both cases against the property. Officer Delgado explained that the fine is only for Case # l 1 -005. Motion carried unanimously. Member Osborne, seconded by Member Carrington, moved to re -hear Case 411 -282, for request of reduction of tine. Motion carried unanimously. Case No. 11 -282 John D. Coughlin and Diana Coughlin 1408 Wanda Street Officer Delgado Violation Cited: 115 -3, 51 -13, 165 -3A, B, 165 -9 Observation: Miscellaneous junk/debris, construction materials, etc. in the backyard of property. Canopy installation in the left side backyard of property without required permits, plans, approval and inspections. Untagged vehicle, white /blue Ford minivan on the backyard. And another pickup truck on jacks on the front of the property for more than 48 hours making vehicle non- operating. 11/09/11 NOTICE OF CODE VIOLATION 12/07/11 STATEMENT OF VIOLATIONS 12/07/11 NOTICE OF HEARING 12/07/11 ALL DOCUMENTS SENT BY 01/24/12 COMPLIANCE ORDER 02/13/12 AFFIDAVIT OF NON COMPLIANCE 02/29/12 ORDER IMPOSING FINE /LIEN 02/29/12 PROOF OF SERVICE 04/10/12 AFFIDAVIT OF NON COMPLIANCE 06/13/12 AFFIDAVIT OF NON COMPLIANCE 08/13/12 AFFIDAVIT OF NON COMPLIANCE 10/16/12 AFFIDAVIT OF NON COMPLIANCE 12/17/12 AFFIDAVIT OF NON COMPLIANCE 02/20/13 AFFIDAVIT OF NON COMPLIANCE 03/04/13 AFFIDAVIT OF COMPLIANCE 03/05/13 ORDER IMPOSING FINE /LIEN 03/05/13 PROOF OF SERVICE 01/27/14 REQUEST FOR REDUCTION 02/25/14 C.E.B. RECOMMENDATION: RE- INSPECTION DATE: 12/05/11 MEETING DATE: 01/24/12 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 11/24/11 FOR 51 -13 TO COMPLY BY 02/10/12 OR FINE OF $100.00 PER DAY. REG & CERTIFIED MAIL TOTAL DUE $38,500.00 CERTIFIED MAIL MEETING DATE: 02/25/14 TO OMIT /DELETE FINE AND ONLY CHARGE AN AMOUNT OF "CITY COST ONLY" OF $155790. CASE TO BE HEARD BY COMMISSION FOR FINAL DECISION Officer Delgado presented the case and gave its history. Exhibits (photos) were presented. Mr. Thayer inquired regarding the difference between the cited violations for both cases. Officer Delgado explained that they are separate cases for separate violations. This violation is for the permit required for the temporary structure in the back of the property. Mr. Coughlin inquired regarding the fees charged for the code enforcement officer in the amount of $100 per hour. Officer Delgado stated that the fee includes the inspections conducted every two months, and for each time the officer visited the property. _111l11111 -- ------ 1111— 1111 _ 1111_ Page 4 Vice - Chairman Lowery seconded by Member Amey moved that in Case 411 -282, that the Code Enforcement Board recommend to the City Commission that the lien be removed, and to reduce the fine to the City's cost of $1557.90. Motion carried unanimously. Member Amey asked the respondents if they are aware that they will need to appear before the City Commission. Chairman Godek explained the Code Enforcement Board recommends to the City Commission the reduction of the fine and the lien removal; however, the City Commission makes the final determination. Case No. 14 -004 Ahr- FL3 -LLC 2744 Cullens Court Officer Loeffler Violation Cited: 108 -24 Observation: Untagged /in- operable blue car. In- operable green car. White van partially on front yard grass and blocking pedestrian sidewalk /public right -of -way. Trash cans left curbside during non -waste removal schedule days. 2 trailers parked /stored in front building line and not screened from view with a 6' opaque fence /gate. Misc. Junk, trash, litter, debris littering property. 11/21/13 NOTICE OF CODE VIOLATION 02/12/14 STATEMENT OF VIOLATIONS 02/12/14 NOTICE OF HEARING 02/12/14 ALL DOCUMENTS SENT BY 02/25/14 BOARD ORDER RE- INSPECTION DATE: N/A MEETING DATE: 02/25//14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 12/15/13 OF 108 -24. FOUND IN COMPLIANCE AS OF 02/25/14. NO FINE. TO BE NOTED FOR POSSIBLE FUTURE REPEAT. Officer Loeffler presented the case and gave its history. Exhibits (photos) were presented. The officer stated, as of today, the property is in compliance. The officer explained that the location has been a habitual code and law enforcement issue. The case is being presented due to the lack of monitoring of the rental property, which results in a nuisance for the neighborhood. The City wishes to have the findings on record in order to deter future issues with the property owner, and so the respondent may be treated as a repeat violator. He continued to say that the respondent was also in violation of LDC Article VI, 6- 4H(6)(b) and Code 143 -10; however those were brought into compliance prior to the hearing date. Board Attorney Sneed inquired which violations were included in the Notice of Hearing issued to the respondent. The officer responded, "108 -24 ". The other violations were brought into compliance prior to the date the Notice of Hearing was issued. Member Osborne inquired regarding the date of compliance. The officer responded the compliance date is February 25, 2014; however, the required compliance date was originally December 15, 2013. Member Osborne seconded by Member Blynder, moved that in Case 914 -004, the respondent be found in violation as cited as of December 15 2013 and in compliance as of February 25, 2014, and that no fine be assessed. Vice - Chairman Lowery requested clarification regarding creating permanent records for repeat violators. Board Attorney Sneed explained that Chapter 162 of the Florida Statutes states that if the same violator is found in violation of the same section of the Code within five (5) years, then it is a repeat violation. This will then allow the imposition of penalties from the date observed, up to $500 per day. Additionally, this is true for any property in the county that the respondent owns. Motion carried unanimously. Page 5 Case No. 14 -005 Ahr- FL3 -LLC 2744 Cullens Court Officer Loeffler Violation Cited: 115 -3, 108 -35 Observation: Unfenced vacant single family dwelling with unsecured open access to in- ground swimming pool. Unsecured open access to dwelling. Tall weeds & grass. 02/12/14 NOTICE OF CODE VIOLATION 02/12/14 STATEMENT OF VIOLATIONS 02/12/14 NOTICE OF HEARING 02/12/14 ALL DOCUMENTS SENT BY 02/25/14 BOARD ORDER RE- INSPECTION DATE: N/A MEETING DATE: 02/25//14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 2/11/14 OF 115-3 & 108 -35. FOUND IN COMPLIANCE AS OF 02/25/14. NO FINE. TO BE NOTED FOR POSSIBLE FUTURE REPEAT. Officer Loeffler presented the case and gave its history. Exhibits (photos) were presented. This case pertains to the same address as the prior case, and is a separate emergency action. The property is now in compliance and is currently vacant. As with the previous case, the City wishes to have the findings on record in order to deter future issues with the property owner. Chairman Godek inquired as to the compliance date. Officer Loeffler stated that this is an emergency action, and the compliance date is the same as the observation date, February 25, 2014. Member Amey, seconded by Vice - Chairman Lowery, moved that in Case 414 -005, the respondent be f6und in violation as cited as of February 11, 2014, and in compliance as of February 25, 2014, and that no fine be assessed. Motion carried unanimously. Case No. 14 -006 YARINIS TOWING SERVICES INC & DARIELLYS PRZYGRODZKI City Wide Officer Loeffler Violation Cited: 153 -4, 101 -17 Observation: Prohibited - illegal- unpermitted signs installed /placed upon public right -of -way, easernents, major intersection and utility poles throughout the corporate limits of the City of Ocoee, Florida. 12/23/13 NOTICE OF CODE VIOLATION 02/12/14 STATEMENT OF VIOLATIONS 02/12/14 NOTICE OF HEARING 02/12/14 ALL DOCUMENTS SENT BY 02/25/14 BOARD ORDER RE- INSPECTION DATE: 01/21/14 MEETING DATE: 02/25814 REG. & CERTIFIED MAIL FOUND IN VIOLATION OF 153 -4 & 101 -17 AS OF 12/29/13. FOUND IN COMPLIANCE AS OF 02/25/14. NO FINE. TO NOTE ON FILE FOR ANY FUTURE REPEAT. Officer Loeffler presented the case and gave its history. Exhibits (photos) were presented. The officer stated, as of today, the property is in compliance; however, the City wishes to establish a permanent record and case history to try and deter future issues. Member Osborne, seconded by Member Carrington, moved that in Case 414 -006, the respondent be found in violation as cited as o December 29, 2013, and in compliance as of February 25, 2014, and that no fine be assessed Page 6 - Alt. Member Hopper opined that the issue with un- permitted signs is an ongoing battle; not imposing a fine will not deter the issue. He suggested at least charging for the officer's time. Board Attorney Sneed stated that there is a motion on the floor, and discussion should be between board members and not staff. She asked the board to address the motion, and then pursue discussion with staff. Motion carried unanimously. Member Amey commented that if the respondent violates the Code again, then the board can assess a fine. Alt. Member Hopper suggested that the City should at least charge for the officer's time for re- inspection. OTHER BUSINESS Case No. 13 -169 Charlene M Mccrea / David Runco Jr 1213 Freedom Court Officer Siegrist Violation(s) cited: 115 -3 Observation: Misc. trash /debris on property 11/27/13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 12/09/13 12/10/13 STATEMENT OF VIOLATIONS 12/10/13 NOTICE OF HEARING MEETING DATE: 01/28/14 12/10/13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 01/28/14 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 12/07/13 TO COMPLY BY 02/10/14 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. 02/11/14 AFFIDAVIT OF NON - COMPLIANCE 02/25/14 BOARD ORDER IMPOSE FINE AS OF 02/11/2014 Officer Siegrist reported that there is an affidavit of non- compliance on file for the property. Vice - Chairman Lowery, seconded by Alt. Member Hopper, moved that in case 13 -169, to impose fine as of February 11, 2014. Motion carried unanimously. Case No. 13 -173 Toranzo Fences & Gates Llc/ Jason Amadori /Erica Gabbert Amadori 2791 Maria Isabel Avenue Officer Delgado Violation(s) cited: 105 -4 Observation: Failure to obtain any required inspections on Fence, permit #3123 -2012, issued on September 25, 2012. 11/11/13 NOTICE OF CODE VIOLATION 01/06/14 STATEMENT OF VIOLATIONS 01/06/14 NOTICE OF HEARING 01/06/14 ALL DOCUMENTS SENT BY 01/28/14 COMPLIANCE ORDER RE- INSPECTION DATE: 12/17/13 MEETING DATE: 01/28/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 11/25/13. TO COMPLY BY 02/25/14 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE 02/25/14 AFFIDAVIT OF COMPLIANCE Officer Delgado reported that the property is in compliance as of February 25, 2014. No further action was required by the board. - -- - - - -- Page 7 COMMENTS Assistant Support Services Director Doug Gaines — officially welcomed the board's new recording clerk, Diana Turner. Officer Siegrist — showed before /after photos of a property. Recording Clerk Turner — thanked the board for the warm welcome. Member Blynder — commended the affirmative action taken for the repeat violators. Additionally, he thanked Officer Siegrist for his assistance. Member Amey commended Officer Siegrist for his outstanding job. Vice - Chairman Lowery - commended staff and the residents for an excellent job. Member Osborne — requested guidance regarding the disclosure of liens on a property. Board Attorney Sneed explained that many of the foreclosed homes are purchased at auction, and there may be very little due diligence regarding the title research. Further board discussion ensued. ADJOURNMENT Meeting adjourned at 7:52 p.m. ATTEST: APP �\ 1 Dian urn er CEClerk Robert Godek, Chairman Notice: Any person who desires to appeal any decision at this meeting will need a record ofthe proceedings and for this purpose may need to ensure that a verbatim record of 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 8