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Home My WebLink About03-24-2015 MinutesCODE ENFORCEMENT BOARD MINUTES MARCH 24, 2015 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 Carrington gave the invocation, and Member Osborne 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 Carmen Delgado, Edward Loeffler and Bob Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Diana Turner. ABSENT: GUESTS: 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 February 24, 2015, Code Enforcement Board Meeting Assistant Support Services Director — Code Enforcement Manager Doug Gaines presented the dismissals - compliances. B. Dismissal or Compliance Case Number Respondent 15 -023 Brian Hanawait 15 -028 Exclusive Homes/ c/o Laman G Douglas 15 -029 Exclusive Homes/ c/o Laman G Douglas 15 -030 Exclusive Homes/ c/o Laman G Douglas 15 -032 John E Price Estate/ David Daugherty 15 -036 Jorge Gonzalez Location of Violation 312 Phyllis Street 10618 Clarcona Ocoee Road 10618 Clarcona Ocoee Road 10618 Clarcona Ocoee Road 492 Wurst Road 719 Marlene Drive 15 -039 Leon Coldero 2694 Portabello Court C. Order of Continuance (April 28, 2015, Meeting) None. Member Carrington, seconded by Member Kelley, 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, CMED - 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 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. 15 -031 Charlene M. McCrea 1213 Freedom Court Officer Siegrist Violation Cited: 168 -6 A, B(1), 165 -3A, 115 -5 Observation: Grass /weeds over 10 ". Toyota Camry/ burgundy/ no tag/ parked in backyard on lawn/grass /dirt. 01/30/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 02/16/15 02/24/15 STATEMENT OF VIOLATIONS 02/24/15 NOTICE OF HEARING MEETING DATE: 03/24/15 02/24/15 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 03/24/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 02/14/15. TO COMPLY BY 04/03/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE CODE 115 -5 /GRASS /WEEDS AND ADD FEES TO FINE. Officer Siegrist 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. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. The City is recommending a 10 -day compliance window and $50 per day, per violation, for non - compliance after the 10 days; and that the Board authorize the City to abate the grass, and the cost added to the fine. Board discussion ensued regarding towing the vehicle from the property. Officer Siegrist and Assistant Support Services Director- Code Enforcement Manager Gaines explained the City does not tow vehicles from private properties. Member Osborne seconded by Member Kelley, moved that in Case 915 -031, the respondent be found in violation as cited as of February 14, 2015, and be given until April 3, 2015, to come in to compliance, or be fined $100 per day, per violation for each day the violations remain in non - compliance; and to authorize the City to abate the rg ass (115 -5) and assess the costs to the fine. Motion carried unanimously. Page 2 Case No. 15 -033 Srmof 11 2012-1 Trust/ c/o Quintairos Prieto Wood Boyer PA 292 Sabinal Street Officer Delgado Violation Cited: 95 -3, 115 -3 Observation: Deterioration of existing fence. Fence in back of property is down and windows in back of property are open and accessible to vandalism. 02/27/15 NOTICE OF CODE VIOLATION 03/05/15 STATEMENT OF VIOLATIONS 03/05/15 NOTICE OF HEARING 03/05/15 ALL DOCUMENTS SENT BY 03/24/15 COMPLIANCE ORDER RE- INSPECTION DATE: 03/03/15 MEETING DATE: 03/24/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED ON 02/27/15. TO COMPLY BY 04/03/15 OR FINE OF $150.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. ALLOW CITY TO ABATE PROPERTY AND ADD FEES TO FINE. Officer Delgado 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. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. 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 authorize the City to secure the property. Member Kelley, seconded by Member Carrington, moved that in Case #15 -033, the respondent be found in violation as cited as of February 27, 2015, and be given until April 3, 2015, to come in to compliance, or be fined $150 per damper violation, for each day the violations remain in non - compliance; and to authorize the City to abate the nuisances, and assess the costs to the fine. Motion carried unanimously. Case No. 15 -034 Florida Land Trust/ c/o Eric S Mashburn/ Mohammed Moshin/ L &C Electrical Services 128 N Bluford Avenue Officer Delgado Violation Cited: 105 -4 Observation: Failure to obtain any required inspections on electrical alterations, permit #0726 -2014, issued on May 6, 2014. 01/29/15 03/05/15 03/05/15 03/05/15 03/24/15 NOTICE OF CODE VIOLATION STATEMENT OF VIOLATIONS NOTICE OF HEARING RE- INSPECTION DATE: 03/04/15 MEETING DATE: 03/24/15 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 02/13/15. TO COMPLY BY 04/03/15 OR FINE OF $250.00 PER DAY UNTIL IN COMPLIANCE. Officer Delgado presented the case and gave its history. The City's building department requested code enforcement action for failure to obtain final inspections for electrical alterations. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. The City is recommending a 10 -day compliance window and $50 per day, for non - compliance after the 10 days. Member Hopper, seconded by Member Kelley, moved that in Case #15 -034, the respondents be found in violation as cited as of February 13, 2015, and be ,given until April 3, 2015, to come in to compliance, or be fined $250 per day, for each day the violation remains in non - compliance. Motion carried unanimously Page 3 Case No. 15 -035 Florida Land Trust/ c/o Eric S. Mashburn/ Mohammed Moshin/ Project Service Group LLC/ c/o Samuel F Cort Sr 128 N Bluford Avenue Officer Delgado Violation Cited: 105 -4 Observation: Failure to obtain any required inspections on re -pipe, permit #0958 -2014, issued on June 6, 2014. 01/29/15 NOTICE OF CODE VIOLATION 03/05/15 STATEMENT OF VIOLATIONS 03/05/15 NOTICE OF HEARING 03/05/15 ALL DOCUMENTS SENT BY 03/24/15 COMPLIANCE ORDER RE- INSPECTION DATE: 03/04/15 MEETING DATE: 03/24/15 REG. & CERTIFIED MAIL FOUND FLORIDA LAND AND TRUST, (C /O ERIC S MASHBURN) IN VIOLATION AS CITED AS OF 02/13/15. TO COMPLY BY 04/03/15 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. Officer Delgado presented the case and gave its history. The City's building department requested code enforcement action for failure to obtain final inspections for re- piping work. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. The City is recommending a 10- day compliance window and $50 per day, for non - compliance after the 10 days. Sam Cort, owner of Project Service Group LLC, explained the property owner is having issues with the Internal Revenue Service (IRS) and he was unsure as to whether he should proceed with the project. Member Osborne inquired if the owner has access to the property so the City could conduct a final inspection. Mr. Cort responded in the affirmative. Chairman Godek inquired if the project has been completed. Mr. Cort explained the project has not been completed. Member Hopper opined the Board is charged with determining if there is compliance or violation of the Code. Member Hopper, seconded by Member Kelley, moved that in Case 415 -035, the respondents be found in violation as cited as of February 13, 2015, and be given until April 3, 2015, to come in to compliance, or be fined $100 per day, for each day the violation remains in non - compliance. Member Kelley inquired, as there are many respondents in this case, to whom will the fine be charged to. Board Attorney Sneed explained that historically, the City will charge the fine to the owner; however, the City may charge the fine to all related respondents. Member Kelley, seconded by Vice - Chairman Lowery, moved to amend the motion to read that the owner, Florida Land Trust c% Eric S Mashburn, be found in violation as cited as of February 13, 2015. Member Kelley explained he does not want the contractor to be penalized for the owner's legal troubles. He continued by saying that his proposed amendment will only penalize the owner of the property. Vice - Chairman Lowery noted the fine amounts differ for both cases [15 -034 & 15 -035]. Member Carrington explained that for him, Case 15 -035 carries a bit more of a risk as it could become a fire hazard. Page 4 After Board discussion: The amendment carried unanimously. After Board discussion: The amended motion carried unanimously. Case No. 15 -037 Juan Manuel Rodriguez/ Ramiro Rodriguez 1401 Samantha Street Violation Cited: 165 -3 A., 168 -6 A,B(1) Observation: One (1) full size van/purple/ parked on back yard lawn/grass /dirt. 02/06/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 03/03/15 03/09/15 STATEMENT OF VIOLATIONS 03/09/15 NOTICE OF HEARING 03/09/15 ALL DOCUMENTS SENT BY 03/24/15 COMPLIANCE ORDER MEETING DATE: 03/24/15 REG. & CERTIFIED MAIL Officer Siegrist FOUND IN VIOLATION AS CITED AS OF 03/03/15. TO COMPLY WITH 168.6 BY 04/03/15 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. Officer Siegrist 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 inspected the property on March 3, 2015, and documented compliance of Code 165 -3 A; however, non - compliance of Code 168 -6 A,B(1). The officer continued by saying the purple van was removed from the property; however, the owner then parked a blue truck in the back yard. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. The City is recommending a 10 -day compliance window and $50 per day, for non - compliance after the 10 days. Board discussion ensued regarding the two vehicles parked in the back yard. The officer explained the untagged purple van was removed from the property; therefore, is in compliance of Code 165 -3. However, as there is now a blue truck that is parked in the back yard, the respondent remains in non - compliance of Code 168 -6 A,B(1). Member Osborne, seconded by Vice- Chairman Lowery, moved that in Case #15 -037, the respondents be found in violation of Code 168 -6 A,B(1) as of March 3, 2015, and be given until April 3, 2015, to come in to compliance, or be fined $100 per day, for each day the violation remains in non - compliance. Member Hopper questioned the Code violation. The officer explained, per Code, the vehicle cannot be parked in the back yard. Member Hopper stated the owner may have been doing work in the back yard. The officer responded, per code, vehicles are not permitted to be parked in the back yard. After Board discussion: Motion carried, (6 -1) with Member Hopper dissenting. Page 5 Case No. 15 -038 George M. Brothers TR 421 Sterling Lake Drive Violation Cited: 108 -35, 108 -230, 108 -230, 115 -6 115 -5 Officer Siegrist Observation: Grass /weeds over 10 ". Dirty swimming pool water. House NOT secured at rear personnel door. Fence in disrepair. Damaged/torn screens. 02/18/15 NOTICE OF CODE VIOLATION 03/09/15 STATEMENT OF VIOLATIONS 03/09/15 NOTICE OF HEARING 03/09/15 ALL DOCUMENTS SENT BY 03/04/15 COMPLIANCE ORDER RE- INSPECTION DATE: 03/06/15 MEETING DATE: 03/24/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 03/05/2015. TO COMPLY BY 04/03/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE GRASS, SECURITY & POOL AND ADD FEES TO COST OF FINE. Officer Siegrist 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. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. 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 authorize abatement of violation of Codes 115 -5, 108 -35 and 108 -23Q, and that the cost be added to the fine. Member Kellev. seconded by Member Carrington. moved that in Case #15 -038. the respondent be found in violation as cited as of March 5, 2015, and be ,given until April 3, 2015, to come in to compliance, or be fined $100 per day, per violation, for each day the violations remain in non - compliance; and to authorize the Citv to abate violations of Codes 115 -5. 108 -35 and 108 -230. and assess the costs to the fine. Motion carried unanimously. Case No. 15 -040 Francoise Piverger 2694 Portabello Court Officer Loeffler Violation Cited: 105 -4 Observation: Expired permit with no final inspection. Permit #03890 -2013 "alteration- renovation- exterior ". 01/07/15 NOTICE OF CODE VIOLATION 03/12/15 STATEMENT OF VIOLATIONS 03/12/15 NOTICE OF HEARING 03/12/15 ALL DOCUMENTS SENT BY 03/24/15 COMPLIANCE ORDER RE- INSPECTION DATE: 03/12/15 MEETING DATE: 03/24/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 01/17/15. TO COMPLY BY 04/17/15 OR FINE OF $250.00 UNTIL IN COMPLIANCE. Officer Loeffler presented the case and gave its history. A re- inspection of the property was conducted today [March 24, 2015], and resulted in non - compliance. The City is recommending a 30 -day compliance window and $25 per day, for non - compliance after the 30 days. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #15 -040, the respondent be found in violation as cited as of January 17, 2015, and be given until April 17, 2015, to come in to compliance, or be fined $250 per day, for each day the violation remains in non - compliance. Motion carried unanimously. Page 6 OTHER BUSINESS Case No. 15 -018 Thomas Wiggins/ Cherie Brassart 62 E Circle Key Drive Officer Delgado Violation Cited: 115 -1, 168 -6 Observation: Miscellaneous debris all over the yard. Furniture cushions, multiple bicycles, tables, chairs, washer and dryers on property. Two trailers on front of property. 01/06/15 NOTICE OF CODE VIOLATION 01/15/15 STATEMENT OF VIOLATIONS 01/15/15 NOTICE OF HEARING 01115115 ALL DOCUMENTS SENT BY 01/27/15 COMPLIANCE ORDER 03/24/15 RE- INSPECTION DATE: 01/15/15 MEETING DATE: 01/27/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 01/13/2015. TO COMPLY BY 03/23/2015 OR FINE OF $50.00 PER DAY, PER VIOLATION. FULL COMPLIANCE/NO ACTION Ofc. Delgado reported there is an affidavit of compliance on file for the property. No further action was required by the board. Case No. 15 -019 Dorothy A Phelps 469 Little Aspen Court Officer Siegrist Violation Cited: 115 -5 Observation: Overgrown grass /weeds 10 ". 01/07/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 01/23/15 02/06/15 STATEMENT OF VIOLATIONS 02/06/15 NOTICE OF HEARING MEETING DATE: 02/24/15 02/06/15 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 02/24/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 01/22/15. TO COMPLY BY 03/06/15 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. 03/09/15 AFFIDAVIT OF NON- COMPLIANCEOFFICER SIEGRIST 03/24/15 AFFIDAVIT OF COMPLIANCE 03/24/15 IMPOSE FINE AS OF 03/17/2015 Ofc. Siegrist reported the property came in to compliance on March 23, 2015, via City abatement. Vice - Chairman Lowery, seconded by Member Osborne, moved to impose fine as of March 7, 2015. Motion carried unanimously. Case No. 15 -020 Christopher D Terry/ Lori Terry 1625 Prairie Lake Blvd Violation Cited: 165 -3A, 168 -613(1) Observation: Prohibited acts (2) untagged vehicles and parking upon front yard grass unsurfaced. 01/21/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 02/04/15 02/12/15 STATEMENT OF VIOLATIONS 02/12/15 NOTICE OF HEARING MEETING DATE: 02/24/15 02/12/15 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL Page 7 Officer Loeffler 02/24/15 COMPLIANCE ORDER FOUND IN VIOLATION OF 168 -613 ON 02/04/15 AND IN COMPLIANCE ON 02/24/15. IN NON - COMPLIANCE OF 165 -3A. TO COMPLY BY 03/10/15 OR FINE OF $100.00 PER DAY UNTIL COMPLIED. 03/24/15 FULL COMPLIANCE/NO ACTION Ofc. Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the board. Case No. 15 -021 Claudia Gomez 1414 Prairie Lake Blvd Officer Loeffler Violation Cited: 165 -3A, 168 -613(1) Observation: Prohibited acts (2) untagged vehicles and parking upon front yard grass unsurfaced. 01/21/15 NOTICE OF CODE VIOLATION 02/12/15 STATEMENT OF VIOLATIONS 02/12/15 NOTICE OF HEARING 02/12/15 ALL DOCUMENTS SENT BY 02/24/15 COMPLIANCE ORDER 03/24/15 RE- INSPECTION DATE: 02/04/15 MEETING DATE: 02/24/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED ON 02/04/15. TO COMPLY BY 03/06/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. FULL COMPLIANCE/NO ACTION TAKEN Ofc. Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the board. Case No. 15 -027 Bank of New York Mellon Trust NA Trustee, C/O OCWEN Loan Servicing LLC 1703 Little Spring Hill Drive Officer Siegrist Violation Cited: 115-6,108-23Q Observation: Dirty swimming pool water. Fence in poor condition. 01/28/15 NOTICE OF CODE VIOLATION 02/12/15 STATEMENT OF VIOLATIONS 02/12/15 NOTICE OF HEARING 02/12/15 ALL DOCUMENTS SENT BY 02/25/15 COMPLIANCE ORDER 03/24/15 AFFIDAVIT OF NON - COMPLIANCE 03/25/15 RE- INSPECTION DATE: 02/11/15 MEETING DATE: 02/24/15 REG. & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 02/10/15. TO COMPLY BY 03/12/15 OR FINE OF $100.00 PER DAY PER VIOLATION UNTIL IN COMPLIANCE. IMPOSE FINE AS OF 03/13/15 Ofc. Siegrist reported there is an affidavit of non - compliance on file for the property. Member Kelley, seconded by Vice - Chairman Lowery, moved to impose fine as of March 13, 2015. Motion carried unanimously. Page 8 COMMENTS Member Kelley — praised the officers for a job well done, and for the high compliance rate from the residents. Vice - Chairman Lowery — keep up the good work! Member Osborne - thanked the officers for investigating the parking issues in neighborhoods. ADJOURNMENT Meeting adjourned at 7:49 p.m. ATTEST: APPR�VED: � -�c� �IGI.I'l��rv�e✓ Diana Turner, CEB Recording Clerk Robert Godek, Chairman 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 9