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Home My WebLink About10-28-2014 MinutesCODE ENFORCEMENT BOARD MINUTES October 28, 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 Asst. Support Services Director - Code Enforcement Manager Doug Gaines, 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 UNDFR'I'III? CONSI?NF AGENDA ARL CONSIDETED TO BF ROUTINE BY THE CODE ENFORCEMENT BOARD AND WILL BL ACTED UPON 13Y ONE MOTION. TIILRL WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF TIIF BOARD, IN WHICH CASE T111" CHAIRMAN WILL INSTRUCT THE BOARD CLERK TO REMOVE, 'Lill; I LL;M FROM "HIE CONSENT AGENDA AND SUCH ITEM WILL BL CONSIDERED SEPARA'I FLY. A. Minutes of the September 23, 2014, Code Enforcement Board Meeting Assistant Support Services Director — Code Enforcement Manager Doug Gaines presented the dismissals - compliances. B. Dismissal or Compliance _ Case Number R espondent Location of V 14 -081 Luis Ricardo Barajas 83 F, Circle Key Court Miguel A Barajas 14 -083 David S Lindenauer 863 Hammocks Drive Carol Lindenauer C. Order of Continuance (November 25, 2014, Meeting) None Member Carrington, seconded by Vice - Chairman Lowery, moved that the supplemenicrl consent agenda be ac cepted as presented. Motion carri u nanimously. Vice- Chairman Lowery, seconded by Member Carrinkton, moved that Cases #12 -102 and 13 -152 be moved to the beginning of the a enda and then rev . back to the original agenda. Motion carried unanimously. COMMENTS FROM CITIZENS None. HEARINGS OF.STATEMENTS OF VIOLATIONS PURSUANT TOT[ E ITEARING RULES ADOPTED BY 'II IIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMFN IS AR I: USED 13Y THE. CODE F,NFORCEMEN I OFFICERS IN I C A CASE. AND ARE REPORTED IN TIIF CASE TESTIMONY GIVEN BY 'CI I CODE ENPORCI:MLN I OPPICFR. IN 'IJIESF? MINUTES THE TITLES TO '1'1IOSF: DOCUMF?NTS WILL BFi ABBREVIATED AS FOLLOWS: ACFD - AFFIDAVIT OF COMPLIANCE FOR DFMOI,IIION, AOC - AFFIDAVFI OF COMPLIANCE, AONC - AFFIDAVIT OF NON - COMPLIANCEi, AI I - APPLICATION TO FORFCI.OSF: CO - C'OMPI.IANCF ORDER, CMI D COMMISSION MFF FIND FOR DETFRMINA'I ION, CS CONFINULD STAY, CTR - COPY TO RFSPONDISN'1, ECO LXJ LNDLD COMPLIANCE ORDER, LX- EXIIIBITS FS- FEI:S STAYED, LDC Land Development Code, NOCV - NOTICF. OF CODE VIOLATION, NOII - NOTICE OF HEARING., NS -No Service, OAF - ORDER AUTHORIZING FORECLOSURE, Oil -I.- ORDER IMPOSING MINI: -LIEN ONC - ORDER OF NON - COMPLIANCE, OOC - ORDER OF CONTINUANCE, - ORF — ORDER REDUCING FINE., PDI S - PER DAY FINF SUSPFNDFD, POS - POS, RFR - REQULST FOR REHEARING, RFRDUC- REQUEST FOR RLDUCIION DENIED UN 111, COMPLIANCE, ROF- RFDIICIION OF FIND SI II SUBPOENA FOR HEARING, SOV - S "EA "I'EMENI OF VIOLA "I ION (.S) and WD — WI11 DREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Vice - Chairman Lowery, seconded by Member Carrington, moved to re -hear Case #12 -102, for- request of reduction of fine. Molion carri unanimously. Case No. 12 -102 Greg Adkins/ Louise Hoyos 710 Crystal Drive Officer Rodriguez Violation Cited: 115-3, 115 -6 Observation: Miscellaneous junk /debris in the backyard of property. Unsafe, dirty swimming pool. 06/18/12 NOTICE OF CODI VIOLATION 07/31/12 STATEMENT OF VIOLATIONS 07/31/12 NOTICE OF HEARING 07/31/12 PROOF OF SERVICE 08/15/12 PROOF OF NOTICE BY POSTING 08/28/12 COMPLIANCE ORDER 09/25/12 BOARD ORDER 10/01/12 ORDER IMPOSING FINE)LIEN 10/01/12 PROOF OF SERVICE 11/13/12 AFFIDAVIT OF COMPLIANCE 11/14/12 ORDER IMPOSING FINE /LIEN 11/14/12 PROOF OF SERVICE 10/21/14 REQUEST FOR REDUCTION 10/28/14 BOARD RECOMMENDATION: RE- INSPECTION DATE: 06/28/12 MEETING DATE: 08/28/12 REG. & CERUFIE1) MAIL, FOUND IN VIOLATION AS 01 06/27/12 TO COMPLY BY 09/12/12 OR FINE OF $100.00 PER DAY, PER VIOLATION, AND ALLOW CITY TO ABATE PROPERTY IF NOT IN COMPLIANCE BY DATE GIVEN AND ADD FEES TO FINE. IMPOSE FINE CERTIFIE1) MAIL TOTAL DUE $12,825.00 CERTIFIED MAIL MEETING DATE: 10/28/14 REDUCE FINE TO $2500.00 + CITY COST OF $930.50. TO BE HEARD BY CITY COMMISSION FOR FINAL DECISION. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits, Sue King, representative from DataQuick Title, and authorized representative for U.S. Bank National Association, explained that this lien was imposed prior to the foreclosure. However, the foreclosing attorney did not catch the lien and did not include it with the foreclosure. She continued by saying the bank has two feasible remedies: negotiate with the City for a reduction of fine; or go back and try and include the lien in the foreclosure. Chairman Godek explained the Board may only make a recommendation to reduce the fine, and the case will need to go before the City Commission. Page 2 _ _ Vice - Chairman Lowery inquired which violations were abated by the City. Officer Loeffler explained that he is not sure; however, an Affidavit of Compliance is on file for the property. Administrative Assistant Coffey explained the City contracted for the abatement. The cost of the abatement is $350.00, in addition to the City's cost of $580.50, for a total of $930.50. Member Hopper moved that in Cuse 412 -102, that the Code Enforcement Board recommend to the City Commission to reduce the fine to $930.50. Motion failed from lack ofa second Member Blynder, seconded by Member Carrington, moved that in Case 412 -102, shat the Code Enforcement Board recommend to the City Commission to reduce t he fine to , 2,500.00 plus - the Ciiv cos o � ,�930.50. � - - -- - - Member Hopper inquired if the bank has a buyer for this property. Ms. King responded that she is unsure. Motion carried bi majority roll -cull vote of 5 to 2, tit Vice - Chairman Lowery and Member Hoppe dissenling. Vice - Chairman Lowery, seconded by Member Kelley, moved to re -hear Case 413 -152, for requesl reduction o jfine. Motion carried ununirnously. Case No. 13 -152 Greg Adkins / Louise Hoyos 710 Crystal Drive Officer Loeffler Violation(s) cited: 115 -3, 108 -35, 108 -24 Observation: Wide open / unsecured access to a unsanitary in- ground swimming pool. (Pool not -to -code) Tall weeds and grass. Conditions constituting a dangerous public nuisance, attractive nuisance to the public health, safety and welfare. Conditions creating a blighted effect impacting the neighborhood and city. 10/24/13 NOTICE OF CODE VIOLATION 11/13/13 STATEMENT OF VIOLATIONS 11/13/13 NOTICE OF HEARING 11/13/13 ALI. DOCUMENTS SENT BY 11/26/13 COMPLIANCE ORDER 01/28/14 C.E.B. ORDER 01/29/14 ORDER IMPOSING FINE/LIEN 01/29/14 PROOF' OF SERVICE 02/25/14 AFFIDAVIT OF NON - COMPLIANCE, 04/25/14 AFFIDAVIT OF COMPLIANCE 04/25/14 ORDER IMPOSING FINE /LIEN 04/28/14 PROOF OF SERVICE 10/21/14 REQUEST FOR REDUCTION 10/28/14 BOARD RECOMMENDATION: RE- INSPECTION DATE: 11/12/13 MEETING DATE: 11/26/13 REG, & CER I'IFIED MAIL 1`01_IND IN VIOLATION AS OF 11/03/13 OF 1 15 -3, 108 -24, 108 -35. TO COMPLY BY 12/10/13 OR FINE OF $75.00 PER DAY, PER VIOLA"T"ION UNTIL IN COMPLIANCE, ALSO AUTHORIZE CITY TO ABATE BY SANITATION AND SECURITY ONLY AND ADD 111E COS'T'S TLTE FINE IF NOT IN COMPLIANCE BY DATE NOTED. IMPOSE FINE. CERTIFIED MAIL TOTAL Dl1F. $30,375.00 CERIfF1E1) MAIL MEET ING DATE: 10/28/14 TO REDUCE FINE TO CITY COST OF $ 480.50. TO BF, HEARD BY COMMISSION FOR FINAL DECISION. __ Page 3 Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. The officer explained that the property was previously brought into compliance by City contractor; however, neglect of the property reoccurred, generating a new case [13 -152]. The City did not abate this case. Total cost for this case is $480.50. Member Osborne inquired the current condition of the property. The officer explained that the pool has been removed and the property has been secured. The member inquired if the property is now in compliance. The officer answered in the affirmative. Sue King explained that the bank spent $35,000 restoring the property and is considered move -in ready. She continued by saying that this lien was filed after the Lis Pendens, and before the Certificate of 'Title; therefore, the bank is not required to clear this lien. However, the bank would like to receive a formal release of lien. Board Attorney Sneed agreed with Ms. King, assuming the timeline is correct as to when the lien against the property was filed. Assistant Support Services Director Gaines concurred with the attorney, and opined that in such cases, the Commission generally requests the City's cost. Vice - Chairman Lowery, seconded by Member Osborne, moved that in Case #13 -152, that the Code En o rcernenl Board _ recommend Cis_ Corn nissiun the tine to the Cily's . cost ol' S'48 Motion carried unanimously. Case No. 14 -084 Edgardo Caruso/ Natalie Caruso 409 Little Spring Hill Dr Officer Siegrist Violation Cited: 115 -5 Observation: Grass /weeds over 10 ". 09/29/14 NOTICE: OF CODE VIOLATION 10/16/14 STA "I'EMENTOF' VIOLATIONS 10%16/14 NOTICE OF HEARING 10/16/14 ALL DOCUMENT'S SENT BY 10/28/14 COMPLIANCE ORDER RE- INSPEC'T'ION DATE: 10/15/14 MEF,TING DAT : 10/28/14 RECD. & CERTIFIED MAIL, FOUND IN VIOLATION AS OF 10/14/2014. TO COMPLY BY 11/07/2014 OR FINE OF $100.00 PER DAY UNTIL., IN COMPLIANCE. AUTHORIZE CITY TO ABATE THE PROPERTY AND ADD COSTS TO THE FINE Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. The officer re- inspected the vacant property today, October 28, 2014, and observed the property to be in non- compliance. 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 tine. The officer explained that this case was self-initiated and not generated through citizen complaint. Member Carrington, seconded by Member Osborne, moved Thal in Case #14 -084, the respondents be found in violation as tiled as ofOclober• 14, 2 01 4 _ crud be i ven until Nove 7, 2014, to come i compliance, or be fined S 100 per day, for° each day the violations remain in non - compl and to authorize the Cily to abase the nuisance and assess the costs to the fine. Motion carried unanimously. Case No. 14 -085 Dona J Kennington 1515 Jemima Avenue Officer Loeffler Violation Cited: 115 -5, 54- 3A(l), 108- 231,J,Q Observation: Grass /tall weeds and brass. Broken and shattered window Blass (2 windows). Dilapidated, falling chain link fence_ No address numbers displayed on building or mailbox. Page 4 08/25/14 NOTICE OF CODE VIOLATION 10/16/14 STATEMENT OF VIOLATIONS 10/16/14 NOTICE OF HEARING 10/16/14 ALL DOCUMENTS SENT BY 10/28/14 COMPLIANCE ORDER RE- INSPECTION DATE: 09/17/14 MEETING DATE: 10/28/14 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS OF 09/15/2014 TO COMPLY BY 11/07/14 OR FINE OF $100.00 PER DAY, PER VIOLATION, UNTIL IN COMPLIANCE. AUTHORIZE THE CITY TO ABATE THE PROPERTY SHOULD THEY SEE THE NEED 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 was brought forward by citizen complaints: the condition of the vacant property creates a blighted effect on the neighborhood. "The City is recommending a seven -day compliance window and $100 per day, per violation for non - compliance after the seven days; and that the Board order the nuisance abated, and the cost added to the fine. Member Osborne inquired if missing address numbers on a building or mailbox is a finable offense. The officer answered in the affirmative. Member Kelley inquired the number of violations. The officer stated five violations. Member Kelley, seconded by Member Carrington, moved that in Case #14 -085, the respondent be found in 0olation as cited as of'Sep 15, 2014, and be given until November 7. 2014, to come in to compliance, or_be fin 81 per dav, vet; 14olation, fin each day the viol remain in non - compl and to authorize the City to abate the nuisance and assess the costs to the fine. Motion carried unanimously. Case No. 14 -086 Sonia Johnson/ Norrey Greene 2576 Twisting Sweetgum Way Officer Loeffler Violation Cited: 115-5 Observation: Grass /tall weeds and grass Repeat violation. (Habitual violation). 08/20/14 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 09/17/14 10/16/14 STATF,MEN'[' OF VIOLATIONS 10/16/14 NOTICE OF HEARING MEETING DATE: 10/28/14 10/16/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 10/28/14 COMPLIANCE ORDER FOUND IN VIOLATION AS Cl 111) AS A REPEAT VIOLATOR AS OF 09/06/2014. TO BE FINE $250.00 EFFECTIVE 09/06/2014 PER DAY FOR AS LONG AS THE VIOLATION REMAINS IN NON - COMPLIANCE. AUTHORIZE THE CITY TO ABATE THE PROPERTY SHOULD THEY SEE THE. NEED AND ADD THE COST TO THE 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 further stated this is a repeat violation. The City abated the nuisance from the last case against the property. The officer re- inspected the vacant property today, October 28, 2014, and observed the property to be in non - compliance. The City is _ _ Page 5 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. Board Attorney Sneed inquired the City's fine assessment date recommendation: the compliance date of September 6, 2014, or the date observed, August 20, 2014. The officer stated September 6 Vice - Chairman Lowery inquired if the Board can fine the respondent as a repeat violator. Ms. Sneed answered in the affirmative, and explained that the Board's order will not set a compliance timeframe. Member Kelley seconded by Vice - Chairman Lowery, moved that in Case 914 -086, the respondents be bund in repeat violation as cited as of September 6, 2014, and be fined S25 per day effective September 6, 2014, until the properly comes into compliance, and to au thorize the Cit�to abate the nuisance and assess the costs to the fine. Motion carried unanimously. Ill 1111Nto1310101W%i 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. 10/06/14 AFFIDAVIT OF NON- COMPLIANCF 10/28/14 BOARD ORDER IMPOSE FINE AS OF 10/04/14 Officer Siegrist reported that the property is non - compliant, Vice - Chairman Lowery, seconded by Member Carrington, moved that in Case 1114 - 064, to impose fine oursuant to the Board's order cis ofOclober 4. 2014. Motion carried unanimously. 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 RE- INSPEC'T'ION DATE: 09/10/14 09/10/14 S"T'A"T'EMENT OF VIOLATIONS 09/10/14 NOTICE OF HEARING MEETING DA'Z'E: 09/23/14 09/10/14 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 09/23/14 COMPLIANCE ORDER 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 _ _ Page 6 - - -- - PROPERTY SHOULD THEY DECIDE TO DO SO AND ADD COSTS TO FINE. Officer Loeffler reported that the property was brought into compliance via City contractor. No further ac tion was required by the boar Case No. 14 -073 Leisa N Hopkins/ Thomas G Hopkins/ Leisa N Hopkins Brown Robert Brown 626 Apricot Drive Violation Cited: 11.5 -5 Observation: Grass /Weeds Over 10" 07/17/14 NOTICE OF CODE VIOLATION 09/04/14 STATEMENF OF VIOLATIONS 09/04/14 NOTICE OF HEARING 09/04/14 ALI, DOCUMENTS SENT BY 09/23/14 COMPLIANCE ORDER 10/07/14 AFFIDAVIT OF COMPLIANCE Officer Siegrist R1- INSPECTION DATE: 08/27/14 MEETING DATE: 09 /23/14 REG. & CE TIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 08/01/2014. TO COMPLY BY 10/03/2014 OR FINEOF $150.00 UNTIL IN COMPLIANCE. Officer Siegrist reported that the property is in full compliance with the Code Enforcement Board's orders. No further action was required by the board. 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 09/10/14 STATEMENT OF VIOLATIONS 09/10/14 NOTICE; OF HEARING 09/10/14 ALL DOCUMENTS SENT BY 09/23/14 COMPLIANCE ORDFIR 10/28/14 BOARD ORDER RE- INSPECTION DATE: 09/10/14 MEETING DATE: 09/23/14 RI''G. & CER"TIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 08/19/2014.'10 COMPLY BY 10/15/2014 OR FINE OF $150.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIII? CITY TO ABATE THE NUISANCE SHOULD TFTEY DECIDE TO DO SO AND ADD COSTS TO FINE. IMPOSE FINE AS OF 10/16/14 Officer Loeffler reported that the property is non - compliant. Vice - Chairman Lowery" seconded by Member Osborne, moved Mat in Case 414 -077, to i pursuaw to the Boar w rde i L ay o Oc tober 16, 20 14. Motion carried unanimously. COMMENTS Me Assistant Support Services Director Gaines — the new Board shirts look great! Page 7 Member Blynder — thanked the officers for a job well done Member Kelley — thanked the officers for a job well done. Vice- Chairman Lowery — commended the officers for an excellent job and thanked the citizens for coming into compliance. Wished everyone a Happy Halloween! Member Carrington — thanked the officers and stali' for a great _job. Member Hopper — thanked the officers, staff and chairman for a great job. Member Osborne - thanked the officers, staff and chairman for a great job. Chairman Godek — wished everyone a Happy Halloween! ADJOURNMI+,NT Meeting adjourned at 7:35 p.m. ATTEST: A1'PI VED: Lana Turner, CEB Recording Clerk Robert Godek, Chairman Not1Ce: Any person who desires to appeal any decision at this meeting kill need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proccedinx, is made �r tic h iucltides testimony and evidence upon which the appeal is based. Persons with disahiIities needing assistance to participate in anN of these proceedings should contact the City Clerk's Otrice 48 hours in advance of the meeting. __ Page 8