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Home My WebLink About09-23-2014 MinutesCODE ENFORCEMENT BOARD MINUTES September 23, 2014 CALL TO ORDER Chairman Robert Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:02 p.m. in the Commission Chambers at City Hall. Member Carrington 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, Carrington, Hopper, Kelley, and Osborne. Also present were Fire Inspector Shawn Sorenson and Code Enforcement Officers Edward Loeffler and Bob Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Diana Turner. 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 ALI, MATTERS LISTED UNDER TI11? CONSENT AGENDA ARE CONSIDERED TO BE' ROUTINE BY TILE CODE ENFORCEMENT 130ARD AND WILL BI ACTED UPON BY ONE MOTION. 'I11FRF, WILL 613 NO SEPARATF; DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF TIJE BOARD, IN WHICH CAST; TIIE CHAIRMAN WILL INSTRUCT'I'VE BOARD CLERK TO RF,MOVF, THF, ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SI-TARATELY. A. Minutes of the August 26, 2014, Code Enforcement Board Meeting Member Carrington, seconded by Member Hopper moved to accepi the minutes of the August 26, 2014, Code Enforcement Board meeting. Motion carried unanimously B. Dismissal or Compliance Case Number Respondent Location of Violation The dismissal or compliance cases ivere presented in agenda order. C. Order of Continuance (October 28, 2014, Meeting) Case Number Respondent Location of Violation Vice- Chairman Lowery, seconded by Member Hopper, moved that Case #11 -059 be moved to the beginning of the agenda and then revert back to the original agenda. Molion carried unanimously. COMMENTS FROM CITIZENS None. HEARINGS OF.STATEMENTS OF VIOLATIONS PURSUANT TO'ITIL IIEARING RULES ADOPTED 13Y 'I HIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMEN'I S ARE USED BY 'I HE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTFD IN THE. CASE I ES "IIMONY GIVEN BY THE CODE LNFORCF.MEN'l OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACED - AFFIDAVIT OF COMPLIANCE FOR DI ?MOLFIION, AOC - AFFIDAVIT OI: COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCE, A'FF- APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD — COMMISSION MEEI ING FOR DFTFRMINA'IION, CS — CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO — EXTENDED COMPLIANCE ORDER, F,X- EXIIIBFIS, FS- FEES STAYF,D, LDC Land Development Code, NOCV - NOTICE OF CODE VIOLATION, NOH -NOTICE OF I IEARING, NS -No Service, OAI� -ORDER AUTHORIZING FORLCI.OSURF, OIF -I.- ORDER IMPOSING FINF, -LIEN, ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF — ORDF,R REDUCING FINE, PDFS - PER DAY FINE SUSPENDED, POS - POS, RFR - REQUEST FOR REHEARING, RFRDUC- RF.QUFST ];OR REDUCTION DENIED UNTIL COMPLIANCE, ROF- RE:DUCHON OF FINE. SFII SUBPOENA FOR HEARING, SOV - STATEMENT OI' VIOLATION (S) and WD— WI I HDRFW. 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; NFPAI (13.1.7), NFPAI (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 NFPAI (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 411 -059, that the Code Enforcement Board recommend to the City Commission to reduce the fine to 82,500, plus the City's cost o� 8815.83. Motion carried by roll -call vote of 5 to 2, with Members Carrington and Kelley dissenting. Ofe. 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 RE- INSPECTION DATE: 07/15/14 Case Number Respondent Location of Violation 14 -0661 Charlene M McCrea 1213 Freedom Court 07/25/14 David Runco Jr REG. & CERTIFIED MAIL Ofe. 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 RE- INSPECTION DATE: 07/15/14 07/25/14 STATEMENT OF VIOLATIONS 07/25/14 NOTICE OF HEARING MEETING DATE: 08/26/14 07/25/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08/26/14 ORDER OF CONTINUANCE MEETING DATE: 09/23/14 09/23/14 COMPLIANCE ORDER 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 Blynder, seconded by Member Kelley, moved that in Case 914 -064, the respondent be found in violation as cited as ofJuly 11, 2014, and be given until October 3, 2014, to come in to compliance, or be fined 8150 for each day the violation remains in non - compliance. Page 3 _ - Member Hopper opined that the fine should be increased as the respondent blatantly continued with the construction even after the officer advised that a permit was needed. Member Blunder, seconded by Member Carrington, moved to amend the motion that in Case #14 -064 that the fine be increased to 5250 for each day the violation remains in non - compliance. The motion carried unanimor.rsly. Regarding the original motion, now containing the amended fine amount of $250.00, The motion carried unanimously. Case Number Respondent Location of Violation 14 -068 Andrews Christopher Blane 307 Longshadows Court Ofe. Loeffler informed the Board that this case is dismissed as it is in compliance. Case No. 14 -072 Karen Brown 452 S Bluford Avenue Officer Loeffler Violation Cited: 115 -3, 108 -35, 115 -5 Observation: Within 1 block of an Orange County elementary and middle school and along a pedestrian sidewalk heavily traveled by students; open unsecured fence gate leading to an open air in- ground swimming pool with green unsanitary water. Misc. trash and debris and old furniture littering the property. Overgrown tall weeds and grass throughout the property. Conditions constituting a danger nuisance to the public health and safety and welfare. 08/20/14 NOTICE OF CODE VIOLATION 09/10/14 STATEMENT OF VIOLATIONS 09/10/14 NOTICE OF HEARING 09/10/14 ALL DOCUMENTS SENT BY 09/23/14 COMPLIANCE ORDER RE- INSPECTION DATE: 09/10/14 MEETING DATE: 09/23/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 08/26/2014. TO COMPLY BY 10/08/2014 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY SHOULD THEY DECIDE TO DO SO AND ADD COSTS TO FINE. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer explained that the case was brought forward by citizen complaints. The officer continued by saying that a foreclosure action is on hold as a Suggestion of Bankruptcy was filed. The officer contacted the bankruptcy attorney and advised them of the violations. As of today, September 23, 2014, the property remains in non- compliance. The City is requesting authorization to abate the nuisance and add the cost of the abatement to the fine amount. Member Osborne inquired if all three violations are finable offenses. The officer responded in the affirmative. Member Kellev, seconded by Member Osborne, moved that in Case 414 -072, the respondent be found in violation as cited as ofAugrrst 26, 2014, and be given until October 8, 2014, to come in to compliance, or be fined S100 per day, her violation, for each day the violations remain in non - compliance, and to authorize the Cily to abate the nuisance and assess the costs to the fine. Motion carried unanimously. Page 4 Member Hopper inquired if the City can secure the fence leading to the pool. The officer responded the fence can be locked. Case No. 14 -073 Leisa N Hopkins/ Thomas G Hopkins/ Leisa N Hopkins Brown Robert Brown 626 Apricot Drive Violation Cited: 115 -5 Observation: Grass /Weeds Over 10" Officer Siegrist 07/17/14 NOTICE OF CODE VIOLATION 09/04/14 STATEMENT OF VIOLATIONS 09/04/14 NOTICE OF HEARING 09/04/14 ALL DOCUMENTS SENT BY 09/23/14 COMPLIANCE ORDER RE- INSPECTION DATE: 08/27/14 MEETING DATE: 09/23/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 08/01/2014. TO COMPLY BY 10/03/2014 OR FINE OF $150.00 UNTIL IN COMPLIANCE. Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. On July 16, 2014, an inspection of the property resulted in violation of Codes 115 -5 and 115 -6. Re- inspection of the property on August 12, 2014, resulted in non - compliance of 115 -5, and compliance of 115 -6. As of today, September 23, 2014, the property remains in non - compliance of Code 115 -5. Member Osborne inquired if this case was generated by citizen complaint. The officer answered in the affirmative. Chairman Godek inquired if the property is occupied. The officer answered in the affirmative. Member Osborne, seconded by Member Kelley, moved That in Case 414 -073, the respondents be found in violation as cited as ofAygust 1, 2014, and be given until October 3, 2014, to come in to compliance, or be fined S150 per day for each day the violation remains in non - compliance. Member Osborne inquired if the City could abate the nuisance. The officer explained the City cannot as the property is occupied. Motion carried unanimously. Case Number Respondent Location of Violation 14 -076 Eboni S Tucker -Smith 1821 Sparkling Water Circle Hector Perez Cathy Perez Ofe. Loeffler informed the Board that this case is dismissed as it is in compliance. Case No. 14 -077 Christiana Trust/ c/o Wilminton Sav Fund Society FSB TR 2405 Stricker Drive Officer Loeffler Violation Cited: 115 -5, 115 -6 Observation: Neglected property responsibility: overgrown tall weeds and grass. Swimming pool with green unsanitary water. 08/19/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 09/10/14 09/10/14 STATEMENT OF VIOLATIONS 09/10/14 NOTICE OF HEARING MEETING DATE: 09/23/14 Page 5 09/10/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 09/23/14 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 08/19/2014. TO COMPLY BY 10/15/2014 OR FINE OF $150.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE THE NUISANCE SHOULD THEY DECIDE TO DO SO AND ADD COSTS TO FINE. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer explained that the case on the vacant property was brought forward by citizen complaints. As of today, September 23, 2014, the property remains in non- compliance. The City is requesting authorization to abate the nuisance and add the cost of the abatement to the fine amount. Member Kelley, seconded by Member Osborne, moved that in Case 414 -077, the respondent be found in violation as cited as ofAugust 19, 2014, and be given until October 15, 2014, to come in to compliance, or be fined $150 per day, per violation, for each day the violations remain in non - compliance, and to authorize the Cily to abate the nzisance and assess the costs to the fine. Motion carried unanimousl . Case Number Respondent Location of Violation 14 -078 Faris M Crews 1013 Sarah Lee Lane Ofe. Loeffler informed the Board that this case is dismissed. OTHER BUSINESS Case No. 14 -010 Bonnell L. Patrick 1912 Marsh Wren Court Officer Loeffler Violation Cited: 51 -13, 108 -24D Observation: Unpermitted construction: secondary deck with below -grade room under secondary deck and related windows, electric and plumbing. Misc. debris on property: old tires in the front driveway. 02/19/14 NOTICE OF CODE VIOLATION 03/13/14 STATEMENT OF VIOLATION 03/13/14 NOTICE OF HEARING 03/13/14 ALL DOCUMENTS SENT BY 03/25/14 COMPLIANCE ORDER 09/23/14 BOARD ORDER RE- INSPECTION DATE: 03/13/13 MEETING DATE: 03/25/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 02/28/14. TO COMPLY BY 09/19/14 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTTI., IN COMPLIANCE. IMPOSE FINE AS OF 09/20/2014 Officer Loeffler reported that the property is in non - compliance. The officer explained that the Board provided the property owner with the opportunity to obtain permits and /or variances; however, the Planning Division rejected the respondent's plans, the Building Division denied the permit application, and the City Commission denied the variance application. Vice - Chairman Lowery seconded by Member Kelley, moved that in Case 414 -010 to impose fine as of September 20, 2014. Motion carried unanimously. Page 6 _ __ Case No. 14 -065 Pham Lien 400 S Bluford Avenue Officer Loeffler Violation Cited: 115 -3 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 09/23/14 BOARD ORDER RE- INSPECTION DATE: N/A MEETING DATE: 08/26/14 REG. & CERTIFIED MAIL FOUND IN VIOLTION 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 TO P.O. BOX ADDRESS IMPOSE FINE OF $4000.00 PLUS COST OF MOWING ABATEMENT OF $150.00 Officer Loeffler reported that the property is in non - compliance. The officer explained the Board's order should also include the cost of the fine to abate the nuisance. Member Osborne, seconded by Member Carrington, moved that in Case 414 -065, to impose fine in the amount of S4,000, plus the cost of abatement in the amount of $150, totaling $4.150. Motion carried unanimously. Case No. 14 -071 Donald Ohara 2204 Essex Drive Officer Loeffler Violation Cited: 108 -35, 115 -6, 115-3, 115 -5 Observation: Overgrown /tall weeds and grass. Unsanitary swimming pool water. Unsecured structure; back entrance double doors open. 07/03/14 NOTICE OF CODE VIOLATION 08/14/14 STATEMENT OF VIOLATIONS 08/14/14 NOTICE OF HEARING 08/14/14 ALL DOCUMENTS SENT BY 08/26/14 COMPLIANCE ORDER 09/23/14 BOARD ORDER 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. IMPOSE FINE AS OF 09/09/2014 Officer Loeffler reported that the property is in non - compliance. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case 414 -071, to impose one as of Semember 9. 2014. Motion carried unanimously. Page 7 COMMENTS Member Blynder — liked the new Board shirts! Member Kelley — thanked the officers for a job well done. Vice - Chairman Lowery — commended the officers and Fire Inspector Sorenson for an excellent job. Member Carrington — thanked the officers and staff for a great job. ADJOURNMENT Meeting adjourned at 7:42 p.m. ATTEST: APP E 44iana Turner, CEB Recording Clerk Ro ert Godek, Chairman Notice: Any person who desires to appeal and decision at this mectin,, 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 Clerks Office 48 hours in advance of the meeting. Page 8