HomeMy WebLinkAboutItem #08 Code Enforcement Reduction of Fine/Lien for A&D Ocoee Plaza Inc.,: 100 W. Silver Star Rd.J
n a
Oro
flar ida
AGENDA ITEM COVER SHEET
Meeting Date: October 21, 2014
Item #
Contact Name:
Contact Number:
Shawn Sorenson
407 - 905 -3100 ext 2112
Reviewed By.
Department Director:'
City Manager:
Subject: Code Enforcement Reduction of Fine /Lien for A & D Ocoee Plaza Inc., re: 100 W.
Silver Star Road. (District 3 Commissioner Rusty Johnson )
Background Summary
This property was cited on February 22, 2011 by Fire Inspector Shawn Sorenson for fire alarm in trouble; fire
alarm out of inspection date; fire sprinkler is red tagged and needs repaired and missing ceiling tiles. On April
26, 2011 the Code Enforcement Board issued an order to comply by May 13, 2011 or be fined $100.00 per day
per violation. On August 29, 2011 the respondent came into compliance.
Issue:
A & D Ocoee Plaza Inc., appeared before the Code Enforcement Board on September 23, 2014 and requested
a reduction of the fine / lien amount of $21,400.00.
Recommendations:
The Code Enforcement Board is recommending the fine /lien be reduced to $3,315.83, the city's cost. The
decision by the Board to reduce the amount was based on testimony and answers from Lisandro Diaz.
Attachments:
Code Enforcement Board meeting minutes and inspection report.
Financial Impact:
The city would be paid its costs of $3,315.83.
Type of Item: (please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
X Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. n= d4w N/A
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 —
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, , ORF — 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
Vice - Chairman Lowery, seconded by Member Kelley, moved to re -hear Case #11 -059, for request of
reduction of fine. Motion carried unanimously.
Case No. 11 -059 A & D Ocoee Plaza, Inc. / Jose Aybar / Lisandro Diaz
100 W. Silver Star Road Inspector Sorenson
Violation (s) Cited: NFPA 1 (13.1.7.), NFPA 1 (4.5.8), NFPA 1 (13.3.3.3)
Observation: Fire alarm in trouble; fire alarm out of inspection date; fire sprinkler in red tagged and needs repair. Missing
ceiling tiles.
03/11/11
NOTICE OF CODE VIOLATION
03/23/11
STATEMENT OF VIOLATIONS
03/23/11
NOTICE OF HEARING
03/23/11
ALL DOCUMENTS SENT BY
04/26/11
COMPLIANCE ORDER
05/24/11 C.E.B.
07/14/11
AFFIDAVIT ON NON COMPLIANCE
08/29/11
AFFIDAVIT OF COMPLIANCE
09/16/11
ORDER IMPOSING FINE/LIEN
09/16/11
PROOF OF SERVICE
09/08/14
REQUEST FOR REDUCTION
09/23/14
BOARD RECOMMENDATION
RE- INSPECTION DATE: 03/22/11
MEETING DATE: 04/26/11
REG. & CERTIFIED MAIL
FOUND IN VIOLATION AS OF 03/21/11 OF
CODES; NFPA1 (13.1.7), NFPA1 (4.5.8), AND
TO COMPLY BY 05/13/11 OR FINE OF $100
PER DAY, PER VIOLATION. NFPA1 13.3.3.3
NOTED IN COMPLIANCE AS OF 04/26/11
IMPOSE FINE FOR CODE NFPA1 (13.1.7)
AND NFPA1 (1.4.5.8) AS OF 05/14/11
TOTAL DUE $21,400.00
REG. & CERTIFIED MAIL
MEETING DATE: 09/23/14
TO REDUCE FINE TO $2500.00 PLUS CITY COST
OF $815.83. CASE TO BE HEARD BY COMMISSION
ON OCTOBER 21, 2014 FOR FINAL DECISSION.
Fire Inspector Sorenson presented the case and gave its history. The inspector advised that the issue was
corrected and the case was closed on August 29, 2011; an Affidavit of Compliance was documented on
August 29, 2011. The Board found the respondent in violation as of March 21, 2011, and gave the
respondent until May 13, 2011, to comply. The Board fined the respondent $100 per day, per violation, for
each day the violations remained in non - compliance. To date, the total fine is $21,400.
The respondent, Lisandro Diaz, addressed the Board. He stated he is the vice - president of A & D Ocoee
Plaza, LLC. and that he was unaware of the liens and fines imposed until he recently attempted to refinance
the property. He testified that he did not receive any correspondence from the City regarding this case.
Additionally, he addressed the fire alarm issue when Fire Inspector Sorenson called him via telephone.
Furthermore, he transitioned to a different fire alarm company.
Page 2
Member Osborne inquired when the fines began accruing. Board Attorney Sneed responded from May
14, 2011, through August 29, 2011.
Board Attorney Sneed administered the oath to Administrative Assistant Coffey so that she may provide
testimony regarding City correspondence to the respondent. Mrs. Coffey testified that some items were
returned undeliverable; however, four items were mailed certified and signed for. She continued by saying
that she spoke with Mr. Diaz, and he indicated that he did know the persons that signed for the certified
mail. Mr. Diaz explained that the persons that signed for the certified mail never did contact him to give
him the correspondence.
Vice - Chairman Lowery inquired the City's cost. Fire Inspector Sorenson responded $815.83.
Member Osborne requested to be informed of the meaning of "fire alarm in trouble ". Fire Inspector
Sorenson explained that it means a deficiency on the fire alarm. He continued by saying the alarm's actual
problem is unknown unless a licensed contractor troubleshoots the issue.
Vice - Chairman Lowery, seconded by Member Hopper, moved that in Case #11 -059, that the Code
Enforcement Board recommend to the City Commission to reduce the fine to $2,500, plus the City's cost of
$815.83. Motion carried by roll -call vote of 5 to 2, with Members Carrington and Kelley dissenting_
Case Number
Res op ndent
Location of Violation
14 -0661
Charlene M McCrea
David Runco Jr
1213 Freedom Court
Ofc. Loeffler informed the Board that this case is dismissed as it is in compliance.
Case No. 14 -064 Laura Gleason
1433 Spring Lake Terrace Officer Siegrist
Violation Cited: 51 -13
Observation: Work without permit. New structure /slab (garage /shed) on north side of property.
06/25/14
NOTICE OF CODE VIOLATION
07/25/14
STATEMENT OF VIOLATIONS
07/25/14
NOTICE OF HEARING
07/25/14
ALL DOCUMENTS SENT BY
08/26/14
ORDER OF CONTINUANCE
09/23/14
COMPLIANCE ORDER
RE- INSPECTION DATE: 07/15/14
MEETING DATE: 08/26/14
REG. & CERTIFIED MAIL
MEETING DATE: 09/23/14
FOUND IN VIOLATION AS OF 07/11/2014
TO COMPLY BY 10/03/2014 OR FINE OF
$250.00 PER DAY UNTIL IN COMPLIANCE.
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer
explained that he advised the resident that he would need to apply for a permit for the structure. The
respondent submitted an application for a permit, but later withdrew it. As of today, September 23, 2014, the
property remains in non - compliance.
Member Blunder, seconded by Member Kelley, moved that in Case #14 -064, the respondent be found in
violation as cited as of July 11, 2014, and be given until October 3, 2014, to come in to compliance or be
fined $150 for each day the violation remains in non - compliance.
Page 3
a FIRE
•
FIRE INSPECTION REPORT
__ NOTICE • • •
_ ,
Exit wa s /doors are
015. ❑ y
blocked/ obstructed.
and class II flammable liquid
storage.
016. ❑ Approved aisles /corridors 030. ❑
Approved container(s) not
not provided /maintained.
provided for flammable liquid
Date
?- r22 -//
storage.
Address Of Property
c w Li 3 • l act
,5��
n'
not marked /secured.
Suite#
# of Stories:
I Occup. Load:
Date
?- r22 -//
Building And/Or Occupant Name
/�► j�
extinguisher(s).
T �
2 S
Lock Box:
t'GQ 1
17` L 1/
d
3 744 &
❑ Yes ❑ No
Person Receiving Re rt
Temporary wiring /improper
use of extension cord(s).
FEI#
Occup. Lic
Print:
panel covers not provided.
Signature:
o Yes ❑ No
Owners Name
Phone:
Sprinklers:
Fire Pump:
Generator:
-f7 ❑ No
❑ Yes -,-a - No
❑ Yes 9-40
Inspector a ",
Phone:
Sta ' Nu er
4"
Alarm:
Suppression
�
407- 905 -3140
5
-8 Cl No
Q Yes
THIS INSPECTION REVEALED: Q NO VIOLATIONS V;-THE FOLLOWING VIOLATIONS:
Example: ❑ Inspection OK ® VIOLATION OVIOLATION CLEARED
ALAI;IUI - NFPA 1 & 72 013. ❑ Approved self closer not 028. ❑ Approved cylinders or
01. P C Automatic /Maual alarm provided /maintained. pressure vessels not
equipment not provided/ provided /labeled /serviced/
maintained /serviced.(NFPA 014. ❑ Approved doors and /or secured.
101 Ch.9.6 & FBC Ch.9) frames not rated in
wall /partition. 029. ❑ Excessive storage of class I
02. ❑
Fire Alarm circuit breaker
SUPPRESSION AND HOOD
SYSTEMS - NFPA 1 & 96
not marked /secured.
(CH.13)
(Ch.4)
ELECTRICAL - NFPA 1 -CH.11
03. ❑
Access to electrical panels
extinguisher(s).
not provided /maintained.
03a. p
Circuit Directory or
Circuit Identificatiull
(NFPA 70 408.4)
04. ❑
Temporary wiring /improper
use of extension cord(s).
05. ❑
Proper cover plates, electrica
panel covers not provided.
06. ❑ 020. ❑ Insufficient number.
Generator(s) and /or fire pump
not maintained. (Ch.11 &Ch.13) 021.
❑ Unapproved size /type.
07. ❑ Illegal multiplug adapter(s) in
use.
EXIT(S) AND EMERGENCY
LIGHTS - NFPA 101 -CH.7
08. ❑ Documentation for testing of
emergency light(s) and /or
exit sign(s) not provided.
09. ❑ Insufficient or not working
exit egress /directional signs
010. ❑ Illumination "emergency
lights ".
011. ❑ Improper lock(s) on exit
door(s).
012. ❑ Doors in rated
walls /partitions propped
nnan
C,,11ter of Good Z,,,,.7
SPRINKLER & STANDPIPE
SYSTEMS - NFPA 1 -CH.13
040.)�_Sprinklers /stanpipe system/
fire department connection
OSY or PI valve not repaired/
maintained /serviced.
041. ❑ Sprinkler or control valve
obstructed.
042. ❑ Escutcheon ring(s) missing.
031. ❑ Proper storage container(s) 043. ❑ Storage too high.
not provided for
combustibles. 044. ❑ Missing wrench and /or spare
heads.
032. ❑ Excess combustible waste.
(NFPA 1) 045. ❑ Improper sprinkler coverage.
017. ❑ Exits overcrowded or
insufficient.
018. ❑ Panic hardware not
provided.
GENERAL & HOUSKEEPING - STRUCTURAL - NFPA 1
NFPA 1 046. ❑ Required fire separation not
033. ❑ Address not posted. (Ch. 10) provided /maintained. (CH.12)
019. ❑ Storage under stairs.
FIRE EXTINGUISHERS -
NFPA 1 &10
034. ❑ Dust accumulation in 047. ❑ Fire door(s) not provided/
excessive amounts. (CH.40) maintained. (Ch.12)
035 Missing or broken ceiling 048. ❑ Light Weight Truss Rule Signs
tiles ( FL.Statute 33 -027 )
(Ch 12.)
022. ❑ Unapproved location or
mounting.
023. ❑ Not properly /currently
tagged.
036. ❑
024. ❑ Not accessible.
Obstructed fire hydrant or
fire department connection.
SUPPRESSION AND HOOD
SYSTEMS - NFPA 1 & 96
025. C3 No extinguisher /excessive
(CH.13)
049. ❑ Extinguisher system not
g y
travel distance to 037. ❑
Obstructed fire lane and
provided /serviced /repaired.
extinguisher(s).
and /or building accessibility.
g y
(CH.13)
050. ❑ Ducts and /or filters not
026 ❑ Extinguisher discharged
cleaned /provided /maintained.
FLAMMABLE LIQUIDS /GASES 038. ❑ Occupant load not posted.
OR COMBUSTIBLES (CH.20)
- NFPA 1 &55
027• ❑ Flammable liquids not
separated /labeled /stored in
a an approved manner.
051. ❑ Proper spray booth not
provided /maintained. (NFPA
33)
MISCELLANEOUS
052. O Other -see below
Remarks: Ul
6�xx
Qlt'4�[/�- 1 u
�iPlct 6�-�- (J�_ �yfil 0'e -e ds
7!;;LgC
.J i `s1e0k_s aM ff-e od,C'
If
THIS INSPECTION IS REQUIRED BY FLORIDA STATUTE 633 AND IS ENFORCED BY THE FLORIDAADMINISTRATIVE CODE 69A -3 & 69A -60 IN AN EFFORT TO PREVENT LOSS OF LIFE OR
PROPERTY. THIS NOTICE OF HAZARD ADVISES YOU OF FIRE AND /OR LIFE SAFETY HAZARD(S) WHICH REQUIRES YOUR IMMEDIATE ATTENTION. EACH OF THE HAZARDS DETAILED
HEREINAREAVIOLATION OF 633,F.S.A FOLLOW -UP INSPECTION WILL BE CONDUCTED. OCOEE FIRE DEPARTMENT, 563S. BLUFORDAVE., OCOEE, FL34761
Date of Final Re-Inspection
I Compliance 104ctor
[3 Yes 0 No 0 Partial
d,