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HomeMy WebLinkAbout07-22-2014 MinutesCODE ENFORCEMENT BOARD MINUTES JULY 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 Hopper 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 Blynder, Hopper, Kelley and Osborne. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado, Edward Loeffler and Robert Siegrist; Board Attorney Mary Sneed and Recording Clerk Diana Turner. ABSENT: Member Carrington was absent /excused. Alt. Member Amey was absent. GUESTS: None. Code Enforcement Officer Carmen Delgado 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 TILE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Minutes of the June 24, 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 Respondent 14 -056 Cah 2014 -1 BORROWER,LLC OFFICER MILLENIUM AIR CONDITIONING, INC SIEGRIST 14 -057 BRIDGES TONI PIETSCHMAN TR OFFICER DELGADO 14 -058 BRIDGES TONI PIETSCHMAN TR OFFICER DELGADO Location of Violation 1611 LADY AVENUE 212 S CUMBERLAND AVENUE 216 S CUMBERLAND AVENUE 14 -059 COLFIN Ai -FL 4 LLC OFFICER C/O Cah MANAGER SIEGRIST 14 -061 OCOEE PLAZA LLC OFFICER SADIQUE JAFFER & ASHU LUTHRA LOEFFLER JAY O BERRY 901 HAWAII DRIVE 221 N CLARKE ROAD C. Order of Continuance (August 26, 2014, Meeting) Case Number 14 -044 OFFICER LOEFFLER Respondent DAN WANG Location of Violation 216 S LAKESHORE DRIVE Member Kelley, seconded by Vice - Chairman Lowery, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. COMMENTS FROM CITIZENS None. 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: ACED - 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 — EX'TENDED 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,, ORE — 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. 14 -055 Pham Lien 400 South Bluford Avenue Officer Loeffler Violation Cited: 115 -3, 108 -35, 115 -5 Observation: Extremely overgrown tall weeds and grass throughout property, along pedestrian sidewalk, road right -of -way and next to public school grounds. Child, pedestrian and motorists view obstructed and blocked in the vicinity of school and sidewalk leading to school. Property not secured by fence and gate within close proximity to school grounds with extremely tall weeds and grass. Conditions constituting an extreme life safety danger. Unsecured garage and accessory structures; attractive nuisance. 06/25/14 NOTICE OF CODE VIOLATION 06/25/14 STATEMENT OF VIOLATIONS 06/25/14 NOTICE OF HEARING 06/25/14 ALL DOCUMENTS SENT BY 06/26/14 AFFIDAVIT OF COMPLIANCE 07/22/14 BOARD ORDER RE- INSPECTION DATE: N/A MEETING DATE: 07/22/14 REG. & CERTIFIED MAIL INVOICE /FINE (FOUND IN VIOLATION AS OF JUNE 26, 2014. NO FINE, BUT PMT. AS 120.00 TO BE PAID TO CITY FOR THE ABATEMENT IN 30 DAYS. IF PAYMENT NOT RCVD. LIEN SHALL BE PLACED AGAINST PROPERTY. Page 2 Officer Loeffler presented the case and gave its history; photos were presented as exhibits. The officer stated the City took emergency action to abate the property as it was considered a dangerous nuisance. The vacant property is adjacent to a public school with summer activities. On June 26, 2014, the City, via contracted services, abated the nuisance; the Cost of abatement is $120. The City is looking to find the respondent in violation as of June 26, 2014, and in compliance as of June 26, 2014, and to impose a recovery lien of $120.00. Member Hopper, seconded by Member Osborne, moved that in Case 914 -055 the respondent he found in violation as cited as of June 26, 2014, and in compliance as of June 26 2014 and that no fine be assessed at this time. The respondent is ordered to pay back to the City $120 (used for abatement of the property) within 30 days, or a lien will be assessed. Motion carried unanimously. Case No. 14 -060 John E Price Estate/ David Daugherty 492 Wurst Road Officer Siegrist Violation Cited: 115 -3 Observation: Misc. trash /debris on property. 06/25/14 NOTICE OF CODE VIOLATION 07/10/14 STATEMENT OF VIOLATIONS 07/10/14 NOTICE OF HEARING 07/10/14 ALL DOCUMENTS SENT BY 07/22/14 COMPLIANCE ORDER RE- INSPECTION DATE: 07/08/14 MEETING DATE: 07/22/14 REG. & CERTIFIED MAIL FOUND IN COMPLIANCE AS OF 07/08/14 OF 115-5 & LDC 8 -2A, AND IN VIOLATION OF 115-3 AS OF JULY 5, 2014. TO COMPLY BY 08/08/14 OR FINE OF $100.00 PER DAY. Officer Siegrist presented the case and gave its history; photos were presented as exhibits. The officer explained that the case came forward by citizen complaints. He further explained that the respondent was noticed on June 25, 2014, for violations of codes 115 -3, 115 -5, and LDC 8 -2(A). Re- inspection of the property on July 8, 2014, concluded compliance of codes 115 -5 and LDC 8 -2(A), but not of 115 -3. As of today, July 22, 2014, the property remains in non - compliance of code 115 -3. The City is recommending a 15 -day compliance window and $50 per day for non - compliance after the 15 days. Member Kelley, seconded by Member Hopper, moved that in Case 914 -060, the respondent be found in violation as cited as of.Iuly 5, 2014, and be given until August 8, 2014, to come into compliance or be fined $100 per day for each day the violation remains in non - compliance. Motion carried unanimously. Case No. 14 -062 Countrywide Bank FSB 5010 Lighterwood Court Officer Loeffler Violation Cited: 115 -3, 115 -5, 115 -6 Observation: Overgrown grass /tall weeds. Unsanitary green swimming pool water. 06/10/14 NOTICE OF CODE VIOLATION 07/10/14 STATEMENT OF VIOLATIONS 07/10/14 NOTICE OF HEARING 07/10/14 ALL DOCUMENTS SENT BY 07/22/14 COMPLIANCE ORDER RE- INSPECTION DATE: 07/09/14 MEETING DATE: 07/22/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 06/26/2014 TO COMPLY BY 08/08/2014 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. Page 3 Officer Loeffler presented the case and gave its history; photos were presented as exhibits. The property is bank owned; however, the property is occupied. The officer explained that the case came forward by citizen complaints. The City is recommending a 15 -day compliance window and $100 per day, per violation, for non - compliance after the 15 days. Discussion ensued regarding the occupancy of the residence. The officer explained that the City cannot abate the property as it is occupied. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case 414 -062, the respondent be , found in violation as cited as of June 26, 2014, and be given until August 8 2014, to come into compliance or be fined $100 per damper violation, for each day the violations remain in non - compliance. Motion carried unanimously. OTHER BUSINESS Case No. 12 -013 Angela Schmitt/ 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 02/09/12 STATEMENT OF VIOLATIONS 02/09/12 NOTICE OF HEARING 02/09/12 ALL DOCUMENTS SENT BY 02/28/12 ORDER OF CONTINUANCE 03/27/12 ORDER OF CONTINUANCE RE- INSPECTION DATE: 02/18/12 MEETING DATE: 02/28/12 REG. & CERTIFIED MAIL MEETING DATE: 03/27/12 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 10/22/13 ORDER OF CONTINUANCE 04/22/14 ORDER OF CONTINUANCE 07/22/14 AFFIDAVIT OF COMPLIANCE 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 COMPLETE WORK AND COMPLY. MOTION TO EXTEND FROM 04/22/14 TO 07/22/14 TO COMPLETE WORK AND COMPLY. Officer Siegrist presented the case for Officer Rodriguez. The officer informed the Board that the respondents are in full compliance with the Code Enforcement Board's orders. No further action was required by the board. Page 4 Case No. 14 -040 Glennie Mays 126 Burnt Tree Court Violation Cited: 115 -5 Observation: Grass /weed growth over 10 ". 05/07/14 NOTICE OF CODE VIOLATION 05/29/14 STATEMENT OF VIOLATIONS 05/29/14 NOTICE OF HEARING 05/29/14 ALL DOCUMENTS SENT BY 06/24/14 COMPLIANCE ORDER 07/08/14 AFFIDAVIT OF NON - COMPLIANCE 07/15/14 AFFIDAVIT OF COMPLIANCE 07/16/14 ORDER IMPOSING FINE /LIEN 07/16/14 PROOF OF SERVICE 07/22/14 BOARD ORDER Officer Siegrist RE- INSPECTION DATE: 05/28/14 MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 05/22/14. TO COMPLY BY 07/04/14, OR FINE OF $50.00 PER DAY, FOR EACH DAY IN VIOLATION. AUTHORIZE CITY TO ABATE PROPERTY AND ADD COST TO FINE. TOTAL DUE $615.00 CERTIFIED MAIL IMPOSE FINE Officer Siegrist reported that there is an affidavit of non - compliance on file for the property; however, as of July 15, 2014, the City, via contracted services, abated the property; the cost of abatement is $615. Member Hopper, seconded by Member Kellen, moved that in case #14 -040, to impose fine pursuant to the Board's Mav 22. 2014. order. Motion carried unanimously. Case No. 14 -042 Jessica Brown 505 Apricot Drive Officer Siegrist Violation Cited: 115 -3, 165 -3A Observation: Misc. trash /debris (incl. old Yamaha motorcycle) on property. Weeds /grass over 10 ". One (l) Saturn 2dr. blu /grn no tag /parked in front driveway. 05/16/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 06/03/14 06/10/14 STATEMENT OF VIOLATIONS 06/10/14 NOTICE OF HEARING MEETING DATE: 06/24/14 06/10/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 06/24/14 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 05/31/14. IN COMPLIANCE OF 165 -3A, BUT IN VIOLATION OF 115 -3. TO COMPLY BY 07/04/14 OR FINE OF $75.00 PER DAY UNTIL IN COMPLIANCE. 07/08/14 AFFIDAVIT OF NON - COMPLIANCE 07/22/14 BOARD ORDER IMPOSE FINE Officer Siegrist reported that there is an affidavit of non - compliance on file for the property. Member Hopper, seconded by Member Kelley, moved that in case 914 -042, to impose fine as of July 5, 2014, pursuant to the Board's order. Motion carried unanimouslK Page 5 Case No. 14 -046 Robert Joseph Byrne Jr 109 Minor Court Officer Loeffler Violation Cited: 64H Observation: Trailers with boat parked in prohibited manner. Protruding past the front building line and not screened from view with a 6' opaque fence and gate. 05/22/14 NOTICE OF CODE VIOLATION 06/12/14 STATEMENT OF VIOLATIONS 06/12/14 NOTICE OF HEARING 06/12/14 ALL DOCUMENTS SENT BY 06/24/14 COMPLIANCE ORDER RE- INSPECTION DATE: 06/11/14 ti MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 06/09/14. TO COMPLY BY 07/04/14 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. 07/22/14 AFFIDAVIT OF COMPLIANCE Officer Loeffler informed the Board that the respondent is in full compliance with the Code Enforcement Board's orders. No further action was required by the board. Case No. 14 -047 Thomas H Moore III/ Kerri V Moore 422 E Lakeshore Drive Officer Loeffler Violation Cited: 64H Observation: Camping trailer parked stored in prohibited manner. Tall weeds and grass under and around trailer and not screened from view with a 6' opaque fence and gate. 05/19/14 NOTICE OF CODE VIOLATION 06/12/14 STATEMENT OF VIOLATIONS 06/12/14 NOTICE OF HEARING 06/12/14 ALL DOCUMENTS SENT BY 06/24/14 COMPLIANCE ORDER RE- INSPECTION DATE: 06/11/14 MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 06/06/14. IN COMPLIANCE OF 108 -24D BUT IN VIOLATION OF 64H. TO COMPLY BY 07/14/14 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. 07/22/14 AFFIDAVIT OF NON - COMPLIANCE IMPOSE FINE Officer Loeffler reported that there is an affidavit of non- compliance on file for the property. Member Blynder, seconded by Member Kelley, moved that in case 414 -047, to impose fne as of July 15, 2014, pursuant to the Board's order. Motion carried unanimously. Case No. 14 -048 John Alex Alexander 1300 Center Street Officer Loeffler Violation Cited: 115 -3, 108 -24D Observation: Tall weeds and grass. Fallen rotten tree limbs on fence and in yard. Conditions constituting a nuisance. 06/04/14 NOTICE OF CODE VIOLATION 06/12/14 STATEMENT OF VIOLATIONS 06/12/14 NOTICE OF HEARING 06/12/14 ALL DOCUMENTS SENT BY RE- INSPECTION DATE: 06/11/14 MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL Page 6 06/24/14 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 06/11/14. TO COMPLY BY 07/04/14 OR FINE OF $ 100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AND ADD COSTS TO FINE. 07/07/14 AFFIDAVIT OF NON- COMPLIANCE 07/16/14 AFFIDAVIT OF COMPLIANCE 07/18/14 ORDER IMPOSINF FINE /LIEN TOTAL DUE $2470.00 07/18/14 PROOF OF SERVICE CERTIFIED MAIL Officer Loeffler reported that there is an affidavit of non - compliance on file for the property. On July 16, 2014, the City, via contracted services, abated the property; therefore, bringing the property into compliance. Board discussion ensued regarding the total fine amount. Vice - Chairman Lowery, seconded by Member Kelley, moved that in case 914 -048, to impose fine effective July 5, 2014, pursuant to the Board's order dated June 24, 2014. Motion carried unanimously. Case No. 14 -049 Paul L Grubbs Jr/ Paul L Grubbs Jr Estate 1408 Prairie Lake Blvd Officer Loeffler Violation Cited: 108 -35, 115 -3 Observation: Unsecured structure with evidence of juvenile egress. Overgrown tall weeds and grass. Conditions constituting a public nuisance. 05/06/14 NOTICE OF CODE VIOLATION 06/12/14 STATEMENT OF VIOLATIONS 06/12/14 NOTICE OF HEARING 06/12/14 ALL DOCUMENTS SENT BY 06/24/14 COMPLIANCE ORDER RE- INSPECTION DATE: 06/11/14 MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 06/05/14. TO COMPLY BY 07/04/14 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AND ADD COSTS TO FINE. 07/07/14 AFFIDAVIT OF NON - COMPLIANCE 07/21/14 AFFIDAVIT OF COMPLIANCE 07/23/14 ORDER IMPOSING FINE /LIEN TOTAL DUE $3,275.00 07/24/14 PROOF OF SERVICE CERTIFIED MAIL Officer Loeffler reported that there is an affidavit of non - compliance on file for the property. On July 16, 2014, the City, via contracted services, abated the property, therefore, bringing it into compliance. The City's cost to abate the property is $75.00. Member Osborne, seconded by Member Kelley, moved that in case 414 -049, to impose fine effective July S, 2014, pursuant to the Board's order dated .June 24. 2014. Motion carried unanimously. Case No. 14 -050 Sonia Johnson/ Norrey Greene 2576 Twisting Sweetgum Way Officer Loeffler Violation Cited: 115 -5 Observation: Tall weeds and grass. 05/23/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 06/11/14 06/12/14 STATEMENT OF VIOLATIONS Page 7 06/12/14 NOTICE OF HEARING 06/12/14 ALL DOCUMENTS SENT BY 06/24/14 COMPLIANCE ORDER 07/07/14 AFFIDAVIT OF COMPLIANCE MEETING DATE: 06/24/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 06/10/14. TO COMPLY BY 07/04/14 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AND ADD COSTS TO FINE. Officer Loeffler informed the Board that the respondents are in full compliance with the Code Enforcement Board's orders. No further action was required by the board. COMMENTS Assistant Support Services Director Gaines — thanked the board, and advised that he will look into ordering the members new Board shirts. Member Kelley — thanked the officers for their diligence and efforts. Vice - Chairman Lowery — commended the officers for a great job, and the residents for coming into compliance. Member Hopper — thanked Chairman Godek for a job well done and for his long service on the Board. Member Osborne — inquired if the docket could contain whether the violations cited are finable or only informational. Mr. Gaines responded that he will look into this matter. Chairman Godek — thanked the officers for a fine job! He also advised that the Board has one alternate member vacancy. ADJOURNMENT Meeting adjourned at 7:33 p.m. ATTEST: Dana Turner, CEB Recording Clerk 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 8 Robert Godek, Chairman