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HomeMy WebLinkAbout04-22-2014 MinutesCODE ENFORCEMENT BOARD MINUTES APRIL 22, 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 Alt. Member Hopper led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Blynder, Carrington, Kelley, 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; Assistant City Attorney Robin Drage, City of Ocoee Police Deputy Chief Ted Silberstein and City of Ocoee Police Detective Michelle Grogan, ABSENT: Vice - Chairman Lowery and Member Osborne were absent /excused. Member Amey was absent. 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 UNDF,R 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 TTEM WILL BE CONSIDERED SEPARATELY. A. Minutes of the March 25, 2014, 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 Respo 14 -012 FRAEDRICH, LAVERN C/O ISABEL E. FREEMAN C. Order of Continuance (May 27, 2014, Meeting) Case Numbe I espondent Location of Violation 85 BUCK KEY COURT Location of Violation Member Kellen seconded by Member Carrington, moved that the supplemental consent agenda be acce -ted as prese Motion carried u Member Kelley, seconded by Member Carringlo z, r that Cases 414 -019 and 412 -013 be moved to the begin the agenda and then revert back to the o riginal _ agenda. Motion carried unanimously. COMMENTS FROM CITIZENS None. HEARIN OF.STATEMENTS OF VIOLATIONS PURSUAN "I' TO THE HEARING RULES ADOPTED BY I IIIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE F.NFORC'EMLN7' OFFICERS D IN EACH CASE AND ARE RFPORTL IN THE CASE'I'ESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TTILES'FO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACED -AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVI F OF COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCE, ATFAPPLICATION 'TO FORECLOSE, CO COMPLIANCE ORDER, CMFD - COMMISSION MEETING FOR DE'IERMINATION, CS - CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO - EXTENDLD 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, OIF -L- ORDER IMPOSING FINE -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF - ORDER REDUCING FINE, PDFS - PER DAY I INE SUSPENDED, POS - POS, RFR - REQUEST FOR REHEARING, RFRDUC - REQUEST FOR REDUCTION DENIED UNTIL, COMPLIANCE, ROT- 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. 14 -019 Gene C. McGarity and Sandra L. McGarity 612 Sherwood Oaks Circle Officer Loeffler Violation Cited: 6 -4 H(6)(b) Observation: 2 trailers parked /store upon property not screened fi view with a 6' opaque fence and gate. 1 trailer (boat) protruding beyond the front building line. Tall weeds and grass under and around trailers. 03/31/14 NOTICE OF CODE. VIOLATION RE- INSPECTION DATE: 04/10/14 04/10/14 STATEMENT OF VIOLATIONS 04/10/14 NOTICE OF HEARING MEETING I)AJ E: 04/22/14 04/10/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 04/22%14 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 04/09/14. TO COMPLY BY 05 /26/14, OR FINE OF $25.00 PER DAY UNTIL IN COMPLIANCE Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer stated that a note was included in the remedial action conveying that fences require a building permit. On April 10, 2014, the re- inspection concluded non - compliance; however, the weeds under and around the trailers were removed. Additionally, a pile of brand -new fence sections had been piled on top of the trailer located on the side of the house. Nancy Pridgen and Gary Allen, 612 Sherwood Oaks Circle, attended on behalf of Mr. and Mrs. McGarity. Ms. Pridgen explained that her mother -in -law owns the property; however, they intend to purchase the property from her. She reported that she spoke with Theresa [Rodriguez], who advised that the boat and trailers were in an acceptable location as long as the yard was kept clean in that area. She continued by saying that her front yard has a new drain field and septic tank and she is unable to relocate the boats as moving theirs would crush the drain field. She stated that her boat has been parked in that location for approximately 15 years, and does not understand why it is just now considered a. violation. Mr. Allen advised that they could possibly move the boat back three feet, but no more as the air conditioner unit is located there. He continued by saying that Theresa [Rodriguez] advised that the boat is fine where it is located as it is less than 21 feet long. The respondents explained that they have a special needs child that enjoys the boat, and all of his medical supplies are in the garage; therefore, the boat and trailer will not fit in the garage. Ofe.. Loeffler explained that the City Code always required trailers to be behind the front building line; however, the revision to the Code now includes the requirement of boats and trailers to be screened from - -_ Page 2 _ - view with a 6 -foot opaque fence. The City is recommending a 30 -day compliance window, and a $25 per day for non - compliance after the 30 days. Alt. Member Hopper inquired if the City has knowledge of the conversation between and the respondents. Chairman Godek explained that the ordinance has always required boats to be behind the front building line. Alt. Member Hopper inquired from the respondents, if they had three feet to move the boat back, why was that not done? Ms. Pridgen responded they never received notification of the violation. Alt. Member Hopper explained that there is an ordinance in place that. needs to be followed. This may require them to store the boat and trailers offsite. Mr. Allen commented they did not receive notification of the violation. Ms. Pridgen stated that she will soon receive assistance in moving the boat back three feet. Assistant Support Services Director - Code Enforcement Manager Doug Gaines explained. that the notification was issued to the legal owners: additionally, the paperwork was left in the screen door. Alt. Member Hopper, seco by llember K elle , in ov_ec t that i Lase X414 -019, th respondent b ound in violation as cited as Of April 9, 201 and in comp liance as of May 26 2014, or be fined $25 for each day the violation rernains_ r_n_ nv_ n- coinpliance. Motion . missed by rnatority r oll -call vote of 4 to I with Member Blynder dissenting. Ms. Pridgen inquired how to appeal the board's decision. Board Attorney Sneed explained that she may file an appeal with the Orange County Clerk of the Courts within 30 days, or file a notice of appeal with the City Clerk's Office. Case No. 12 -013 Angela Schmitt and Robert J. Schmitt 1903 Jessica Lea Lane Officer Siegrist for Officer Rodriguez Violation Cited: 105.4 Observation: Failure to obtain anv 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 RF,- INSPECTION DATE: 02/18/12 02/09/12 STATEMENT OF VIOLA] IONS 02/09/12 NOTICE OF HEARING MEETING DA'I13: 02 /28/12 02/09/12 ALL DOCUMENTS SENT BY REG. &. CERTIFIED MAIL 02/28/12 ORDER OF CONTINUANCE MEETING DATE: 0.3/27/12 03/27/12 ORDER OF CONTINUANCE FOUND IN VIOLATION AS OF 02/13/12 04/23/12 COMPLIANCE ORDER 10/22/13 ORDER OF CONTINUANCE 04/23/13 COMPLIANCE ORDER 10/22/13 ORDER OF CONTINUANCE 04/22/14 ORDER OF CONTINUANCE TO COMPLY BY 03/25/13 OR FINE OF $100.00 PER DAY MOTION TO EXTEND FROM 03/25/13 TO 10/22/13 TO COMPLETE WORK AND COMPLY MOTION T O EXTEND FROM 10/22/ 13 TO 04/22/14 TO COMPLETE WORK AND COMPLY MOTION TO EXTEND FROM 03/25/13 TO 10/22/13 TO COMPLETE WORK AND COMPLY. MOTION TO EXTEND FROM 10/22/13 TO 04/22/14 TO COMPI.,ETE WORK AND COMPLY. MOTION TO EXTEND FROM 04/22/14 TO 07/22/14, TO COMPLETE WORK AND COMPLY. Page 3 Officer Siegrist presented the case for Officer Rodriguez and gave its history. Photos and a building inspection report were presented as exhibits. The officer explained that the board heard this case on October 22, 2013, with a continuance order until today, April 22, 2014. Ile continued by saying the deputy building official reported that the work is approximately 85% complete, and the workmanship is of high quality. The deputy building official is requesting a three -month extension to complete the project. Ile continued by saying that a permit has been issued. Angela Schmitt, 1903 Jessica Lea Lane, and Robert Pigman, a volunteer for the Fuller Center for Housing approached the podium to give their testimony. Mr. Pigman explained ghat he is a Fuller Center volunteer and is assisting Ms. Schmitt with the project. He reported great progress has been made and the project is very close to completion. A three -month extension to complete the job was requested by Mr. Pigman. Member Ifelley, seconded by Member Carrington, moved that in Case 912 -013, to extend the compliance dgle to July 22 2014_ Motion_ ccii - rie - d unanir zozrslv Case No. 14 -011 Good Homes Orlando LLC/ Carlos Segrera 8995 W. Colonial Drive Officer Delgado Violation Cited: 8- 6(a)Q(1) Observation: Advertisements of AIn Wireless, Good Home Pharmacy, Sears with flags, signs, banner and balloons throughout Good Homes Shopping Center without required permit. 02/26/14 NOTICE OF CODE V101- ,ATION RE- INSPEC "T[(_)N DATE: 03/10/14 03/20/14 STATEML"NT OF VIOLATION 03/20/14 NOTICE OF HEARING MEETING DATE: 04/22/14 03/20/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 04/22/14 VIOLATION ORDER FOUND IN VIOLATION AS OF 03/06/14 AND IN COMPLIANCE AS OF 04/22/14 NO FINE. Officer Delgado presented the case and gave its history. Photos were presented as exhibits. Officer Delgado reported that the property is in compliance as of April 22, 2014. Member Blynder, seconded bLMenzber Kelley, hzo ved th in Cas #14 -011, the respondent be in violation as cited as of March 6, 2014, and found in compliance as of Al2ril 22, 2014, and that no fine be assessecl. ]hellion carried unanimously. Case No. 14 -013 Maggie Jones 1104 Doreen Avenue Officer Siegrist Violation Cited: 108 -22, 108- 2-3R(1), 108 -23M(1 &2), 115 -3, 108 -35, 108- 23E(1 &2) Observation: House not secured. Electric service not to Code at exterior disconnect and meter box. Roof not watertight /weathertight. Ceilings in disrepair throughout. Rear exterior doors broken. Misc. trash /debris on property. 03/18/14 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03 /31/14 04/01/14 STATEMENT OF VIOLATIONS 04/01/14 NOTICE OF HEARING MEETING DATE: 04/22/14 04/01/14 ALI, DOCUMENTS SENT BY REG. & CERTIFIED MAIL 04/22/14 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED OF: 108 -22, 108- 23R(1), 108-23M(1&2), 115-3, 108 -35, 108- 23E(I &2) ON 03/29/2014. TO COMPLY BY APRIL 25, 2014 OR FINE OF $25.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. ALSO ALLOW THE CITY TO ABATE ANI) SECURE PROPERTY AND ADD COSTS TO FINE. Page 4 Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The City is recommending a 10 -day compliance window and $25 per day, per violation for non - compliance after the 10 days; and that the Board order the property to be secured, and the cost added to the fine. City of Ocoee Police Detective Michelle Grogan provided a brief history of the property. She continued by saying on March 19, 2014, she responded to the residence at the request of City of Ocoee Police Officer Edwards. A fax had been received by the Ocoee Police Department from the Florida Department of Children and Families (DCF) indicating that children were living in the house. Upon arrival, the stench coining from the property was overwhelming. She proceeded to make contact with the occupant, a man she had numerous encounters with prior to this incident. "The detective continued by saying that prior to this call, the Orange County Sheriff s Office hazrnat team had evacuated the home as it was a meth lab; however, the occupants returned shortly thereafter. She requested permission to enter the ]ionic and searched for the children. She observed the house to be in very poor condition; there were mouse and insect droppings, no food in the house, no electric, and there were holes in the roof. The detective spoke with neighbors who informed her that the occupants are squatters. They observed the occupant climbing up the power pole to reconnect power services. She ended her testimony by informing the Board that upon evacuation from the property, the children were medically examined and are now in the custody of their mother. Member Carrington inquired if there is anyone currently occupying the property. Detective Grogann. responded, "Yes, there are squatters there." She continued by saying that the squatters have significant criminal history. City of Ocoee Police Deputy Chief Ted Silberstein explained that there has been a lot of criminal activity at that property and several search warrants have been served. Additionally, there has been a death from a drug overdose at the property. Alt. Member Hopper inquired how the police department: will ensure the squatters do not return if the City abates the property. In response to Alt. Member Hopper's inquiry, Assistant Support Services Director - Code Enforcement Manager Doug Gaines presented to the Board the City's recommendations and requests (Exhibit A). Member Blynder inquired if the City has ever demolished a structure. Mr. Gaines stated the City has; however, the City is requesting abatement of the property and not demolition. Member Blynder opined that if he lived in the vicinity of the property, he would be more satisfied with demolishing the structure than abating it. Board Attorney Sneed explained that there is a process for demolishing a structure, and the City may not be at that point yet. Member Carrington, seconded by Member Kelley moved that in Case #14 -013, to fi nd the property located at 1104 Doreen Avenue in the City of Ocoee to constitute a nuisance as defined in section 108 -3 of the Ocoe Code of Ordi nances; ur ther move to fin that the respondent is in violation o f Sections 108 -22, 108- - -- - — 2 3R, 108 -23M, 115 -3, 1 08 -35, 1 -2 3E, 108 -19 108 -7 0 the Oc oee Code of Ordinances as of March 29, 2014, and is given until April 29, 2014, to comply or the City is authorized to abate the violation and assess the costs. Assistant City Attorney Drage advised that the City recommends, if compliance is not reached, to assess fine of $25 per day, per violation for each day the violations remain in non - compliance. Page 5 __ Member Carrington proposed an amendment to his motion. Member Carrington, seconded by Member Kelley, moved to amen the m otion to include that in Case #14- 013, that In es be assesse asofApril29, 201 at the rate of $25 per d am, per violation as cited. Member Blynder inquired the reason the City is recommending time to allow for compliance considering the homeowner is incarcerated. Board Attorney Sneed explained that this is not a repeat violation and by Statute, the City must allow time for compliance. Member Blynder inquired the minimum amount of time allowed for compliance. Ms. Sneed explained that it is recommended to allow one week; however, if City staff feels as though they can get the Order out earlier, the compliance timeframe can be shortened. Board discussion ensued regarding the timeframe for abatement and the eviction process. After board discussion, Member Carrington proposed an amendment to his amended motion. Member Carrin; ton, seconded by Member Kelley, moved to amend the atnended motion to include that i Case #14 -013, that fines be assessed as ofApril 25, 2014, at the ra te of $25 per dav, perviolation as cited. The motion c arried unanimous Regarding the original motion, now containing the arriended date of fine assessment as of April 25, 2014, 1'he motion carried unanirrzousIv, Case No. 14 -018 Thomas Lovett and Andrea Lovett 2620 Cedar Bluff Court Officer Loeffler Violation Cited: 108 -241), 115 -5, A,B,C Observation: Tall weeds and grass growth front, side & rear yards. 03/18/14 NOTICE OF CODE VIOLATION 04/10/14 STATEMENT OF VI0LA7,IONS 04/10/14 NOTICE OF HEARING 04/10/14 ALL DOCUMENTS SENT BY 04/22/14 COMPLIANCE ORDI':R RE- INSPECTION DATE: 04/09/14 MEETING DATE: 04/22/14 REG. &. CERTIFIED MAIL FOUND IN VIOLATION AS OE 04/04/14, TO COMPLY BY 04 /29/14 OR FINE OF $25.00 PER DAY, PER VIOLATION, AND ALLOW CITY TO ABATE GRASS AND ADD COST'S TO FINE. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. As of today, April 22, 2014, the property remains in non - compliance. The City is recommending a $25 per day, per violation tune, and permission to abate the grass and add the abatement to the fine. M ember Blynder, seconded by Alt. Member Hopper, moved that in Case #14 -018, the respondent be found in violation a s cited as o Apr l 4 2014, and be oi >>en_until_April.. 29, 201 4, to come into comTlianc or be fined S25 p er day, , violat for each day the v i o lation ) __. em_ains i n n on - compliance, and to authorize the City to abate the violation and assess the costs to the fine. Moti carried unanimous _ __ Page 6 COMMENTS Assistant Support Services Director Doug - apologized for not being able to attend the Volunteer Appreciation Dinner, and thanked the Board for their hard work and volunteerism. Member Blynder - thanked the City for the Volunteer .Appreciation Dinner and gift, the Lakeshore Center, and thanked Mr. Gaines for the Letter. Member Kelley - thanked the officers and staff for their hard work. Member Carrington - thanked staff for a great job and the City for the Volunteer Appreciation Dinner. Alt. Member Hopper - commented that code enforcement officers and City staff did a great _job in resolving the l 104 Doreen Avenue issue. Ile thanked the City for the Volunteer Appreciation Dinner. Board Attorney Sneed - thanked the Board for doing a great job! Chairman Godek - thanked the City for the Volunteer Appreciation Dinner, and thanked the Board and officers for a job well done. ADJOURNMENT Meeting adjourned at 8:06 p.m. ATTEST: + Turner, CEB Recording Clerk APPROV 'D: Robert Godek, Chairman Notice: Any person who desires in appeal any decision at This ntecting 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 cvidcuce upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Off 48 hours in advance of the meeting Page 7 Exhibit A Presentation to the Code Enforcement Board by Assistant Support Services Director - Code Enforcement Manager Doug Gaines Presentation to the Code Enforcement Board The City respectfully submits to this Board that the property at 1104 Doreen Avenue in Ocoee is and should be declared to be a Public Nuisance, as defined in Section 108 -3 of the Code of Ordinances of the City of Ocoee. Specifically, the property presents unsafe conditions that represent such neglect of security that opportunities for criminal activity exist. In addition, the property presents a danger and detriment to the neighborhood due to its deteriorating condition. Physical and unsanitary conditions are present that are dangerous to human life and detrimental to the health of persons lining on or near the premises. Major violations of the Minimum Standards Codes contained in Chapter 1.08 of the Code of Ordinances of the City of Ocoee cumulatively impact the premises to the point where conditions endanger human life and substantially and detrimentally affect the safety and security of occupants, nearby occupants, and passersby. The property currently presents the following physical defects: 1. Roof penetrations and material failures allow rain to enter the building. 2. At least one entrance door is missing. 3. There is no electrical power connection to the building, the wires having been removed by Duke Energy. 4. There is no potable water connection to the building, the water meter having been removed by the City of Ocoee. The Minimum Standards violations present at the property include: 108 -7 Maintenance is required for all parts of buildings and structures so that the facility is in a safe and sanitary condition. All elements that are required by the Minimum Standards Codes must be in good working order. 108 -19 A Building must be connected to an approved water and sewer system. During occupancy, there shall be a safe, adequate, and constant supply of potable water. 108 -19 C An adequate hot and cold water supply must be provided to the kitchen sink, lavatory, and tub or shower, with water supplied by an approved distribution system connected to a potable water supply. 108 -22 Structure must be connected to a source of electric power in accordance with the provisions of the Florida Building Code. 108 -23 E(1) Roofs shall be structurally sound and maintained in a safe manner and have no defects that might admit rain or cause dampness in the walls or interior portion of the building. 108 -23 E(2) No item related to the roof structure may display signs of deterioration or cause damage to the immediate area of roof structure that could allow dampness or admit rain to the interior of the building. 108 -23 M(1) Every exterior door shall be substantially weather- tight, watertight, and rodent -proof and shall be kept in sound working condition and good repair. 108 -23 M(2) Every exterior door shall be provided with properly installed hardware that is maintained to ensure reasonable ease of operation to open, close, and secure in an open or closed position. 108 -23 R(1) Interior walls, floors, and ceilings shall be rodent - proof, in sound condition, and in good repair. 115 -3 Items that are a nuisance and menace to public health, safety and welfare shall not be on any property. In addition to these material defects in the structure, the property is known to have housed criminal activity that presented a danger to the occupants of the building, the adjacent properties, and passersby. Being unable to secure the structure represents an attractive nuisance and continues the potential for criminal activity. Unauthorized persons may occupy the building. This is a property with past violations of City Code, as reflected in Case No. 10 -081, 11 -071, and 12 -007. The last listed case is still accruing fines at a rate of $50 per day. Accumulated fines to date total more than $60,000. In accordance with Section 108 -35 of the Code of Ordinances of the City of Ocoee, these many violations of the Minimum Standards Codes were found to represent nuisance and hazardous conditions that cumulatively impact the structure to the extent that the owner was ordered on April 22, 2014 by a code officer authorized by the City Manager, as Enforcement Officer, to repair, remove, secure, vacate, or demolish the structure in accordance with the procedures contained in Chapter 108 of the Code of Ordinances of the City of Ocoee. The notice was hand delivered to the owner, who is currently being held in the Orange County Jail pending trial. These efforts met the notice requirements of Section 162.06(4), Florida Statutes, which says, "If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing." As the owner of the property has been unable to take corrective or preventative actions since that time and will be unable to do so for the foreseeable future given her incarceration, the City asks this Board to declare the property at 1104 Doreen Avenue as being unfit for human occupation and constituting a nuisance. Should the Board make such declaration, we ask this Board to authorize the Enforcement Officer or his designee to give the appropriate notice to the owner and occupant of the building and placard the building as being unfit for human occupancy and to be immediately vacated in accordance with the provisions of Section 108 -39 of the Code of Ordinances of the City of Ocoee. We further ask that this Board to declare that the conditions present an immediate danger to the public and authorize the City to take such immediate actions as may be needed to secure the building so as to abate a serious and continuing danger to the public and preclude the building's occupancy under the provisions of Section 108 -40 of the Code of Ordinances of the City of Ocoee until such time as repairs or demolition may be accomplished by the owner.