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Home My WebLink About08-26-2014 MinutesCODE ENFORCEMENT BOARD MINUTES August 26, 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 Member Blynder 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 Officer Edward Loeffler; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Diana Turner. ABSENT: Member Carrington and Alt. Member Amey 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 THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, IN WHICH CASE THE CHAIRMAN WILL INSTRUCT THE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Minutes of the July 22, 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 14 -044 Respondent Dan Wang Location of Violation 216 S Lakeshore Drive 14 -070 Ah4R FL LLC C. Order of Continuance (September 23, 2014, Meeting) Case Number Respondent 14 -064 Laura Gleason 14 -0661 Charlene M McCrea David Runco Jr. 2747 Grapevine Crest Location of Violation 1433 Spring Lake Terrace 1213 Freedom Court 14 -068 Andrews Christopher Blane 307 Longshadows Court Member Kelley, seconded by mice- 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 TILE IIEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCF.MF.NT 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 — EXTENDED COMPLIANCE ORDER, EX- EXHIBITS, FS- FEES STAYED, LDC — Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIF -L- ORDER IMPOSING FINE -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORE -- ORDER REDUCING FINE, PDFS - PER DAY PINE 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 -065 Pham Lien 400 S Bluford Avenue Officer Loeffler Violation Cited: 115 -5 Observation: Extremely overgrown tall grass and weeds 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 a public nuisance creating an extreme life safety danger. 07/29/14 NOTICE OF CODE VIOLATION 07/29/14 STATEMENT OF VIOLATIONS 07/29/14 NOTICE OF HEARING 07/29/14 ALL DOCUMENTS SENT BY 08/26/14 COMPLIANCE ORDER NOTE AS A REPEAT VIOLATION 08/27/14 INVOICED RE- INSPECTION DATE: N/A MEETING DATE: 08/26/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 07/29/14 ISSUE FINE OF $500.00 PER DAY FOR 8 DAYS FROM 07/29/14 TO 08/06/14 AND ADD THE CITY COST OF ABATEMENT OF $150.00 TO THE FINE. TOTAL OF $4,150.00. MAILED CERTIFIED TO PHYSICAL AND Officer Loeffler presented the case and gave its history; this is a repeat violation case. Photos were presented as exhibits. The officer observed the property to be in non - compliance on July 29, 2014, and the City abated the property on August 6, 2014, as it was a dangerous, public nuisance. The cost of abatement is $150.00. The City is recommending the $150.00 recovery cost for the abatement, and a fine of up to $500.00 per day for the one day the property remained in non - compliance. Member Kelley, seconded by Member Hopper, moved that in Case 914 -065, the respondent be found in violation as a repeat violator as cited as of July 29, 2014, and be fined $500.00 per day for the eight days the property was in violation and add the $150.00 cost of abatement to the fine, totaling $4,150.00. Motion passed by majority roll -call vote of 4 to 2 with Chairman Godek and Member Osborne dissentin ,-. - Page 2 Case No. 14 -071 Donald Ohara 2204 Essex Drive Violation Cited: 108 -35, 115 -6, 115 -3, 115 -5 Observation: Overgrown/tall weeds and grass. Unsanitary swimming pool water doors open. 07/03/14 NOTICE OF CODE VIOLATION 08/14/14 STATEMENT OF VIOLATIONS 08/14/14 NOTICE OF IIEARING 08/14/14 ALL DOCUMENTS SENT BY 08/26/14 COMPLIANCE ORDER Officer Loeffler Unsecured structure; back entrance double RE- INSPECTION DATE: 08/13/14 MEETING DATE: 08/26/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 07/09/14 TO COMPLY BY 09/08/14 OR FINE OF $250.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE, AND AUTHORIZE CITY TO ABATE THE VIOLATIONS AND ADD THE COSTS TO THE FINE. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer explained that the case came forward by multiple citizen complaints; the property is considered to be a public nuisance and a menace to the public's health, safety and welfare. The officer contacted the owner, Donald Ohara, and Mr. Ohara explained that this property is part of an ongoing bankruptcy. Furthermore, as told by the officer, Mr. Ohara showed little concern with bringing the property into compliance. The officer stated that the neighbors have mowed the front yard. The City is recommending a 10 -day compliance window and $100 per day for non - compliance after the 10 days; and that the Board order the nuisance abated, and the cost added to the fine. Member Osborne inquired if the Board could order multiple abatements of the property as the owner showed no concern for maintaining the property. Board Attorney Sneed and Assistant Support Services Gaines explained that the abatement can only be authorized once at this meeting. The Board's attorney inquired from the officer if he had looked into the bankruptcy action. The officer responded that he could not find a bankruptcy action. Vice - Chairman Lowery, seconded by Member Osborne, moved that in Case 414 -071, the respondent be found in violation as cited as of July 9, 2014, and be given until September 8, 2014, to come into compliance or be fined $150 per day, per violation, for each day the violations remain in non - compliance, and to authorize the Citv to abate the nuisance and assess the costs to the fine. Member Hopper stated the penalty recommended is not stiff enough, and fining the respondent $250.00 per day, per violation is more in line with the violation. He also stated that he feels as though the timeframe offered to the respondent is too generous. Board Attorney Sneed stated the City needs time to draft the order. Assistant Support Services Gaines explained that the City also needs time to legally serve the paperwork to the respondent. Member Kelley, seconded by Member Hopper, moved to amend the original motion to raise the fine to 5250.00 per day, per violation for each day the violation remains in non - compliance. Motion carried unanimously. Regarding the motion, now containing the amendment, Motion carried unanimously. Page 3 OTHER BUSINESS 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 08/26/2014 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. OF 120.00 TO BE PAID TO CITY FOR THE ABATEMENT IN 30 DAYS. IF PAYMENT NOT RCVD. LIEN SHALL BE PLACED AGAINS PROPERTY. IMPOSE FINE /LIEN AGAINST PROPERTY FOR FOR THE FINE AMOUNT PREVIOUSLY ORDERED. Officer Loeffler reported that the property is non - compliant. Member Osborne seconded by Member Kelley, moved that in Case 914 -055, to impose fine pursuant to the Board's order. 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 08/26/14 BOARD 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 IMPOSE FINE /LIEN AS PER PREVIOUS BOARD ORDER. Officer Loeffler presented the case for Officer Siegrist and reported that the property is non - compliant. Member Osborne seconded by Member Kelley moved that in Case 414 -060, to impose fine pursuant to the Board's order. Motion carried unanimously. Page 4 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 08/26/14 BOARD ORDER RE- INSPECTION DATE: 07/09/14 MEETING DATE: 07/22/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 06/26/14 TO COMPLY BY 08/08/14 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. IMPOSE FINE /LIEN PER PREVIOUS BOARD ORDER. Officer Loeffler reported that the property is non - compliant. Member Blynder, seconded by Member Hopper, moved that in Case 914-062, to impose fine pursuant to the Board's order. Motion carried unanimously. COMMENTS Assistant Support Services Director Gaines — will research the Board's account balance so that new shirts may be ordered. Member Kelley — thanked the officers for a job well done. Vice - Chairman Lowery — commended the officers for an excellent job. Member Hopper — wished everyone a happy and safe Labor Day. Chairman Godek — wished everyone a happy and safe Labor Day. ADJOURNMENT Meeting adjourned at 7:26 p.m. ATTEST: APP i Tana Turner, CEB Recording Clerk Robert Godek, Chairman Notice: Airy person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting. Page 5