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Home My WebLink About05-26-2015 MinutesCODE ENFORCEMENT BOARD MINUTES May 26, 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 Hopper 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 Osborne, Hopper, Carrington, Kelley and Blynder. 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 Nichole DeRienzo. ABSENT: None. 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 April 28, 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 -042 Delfina Garcia 15 -063 Tiffany & Marsha Graham Nicholas Somers 15 -064 Rickey Adair C. Order of Continuance (June 23, 2015, Meeting) Case Number Respondent 15 -057 Pedro Camacho Joaquin Pompa Location of Violation 11 Sundial Key 2010 Nancy Ann Terrace 1500 Maureen Avenue Location of Violation 900 Starke Lake Circle Vice - Chairman Lowery, seconded by Member Carrington, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. COMMENTS FROM CITIZENS None. Member Hopper, seconded by Member Kelley, moved that Cases #12 -194 and #15 -058 be moved to the beginniLig of the agenda and then revert back to the original agenda. Motion carried unanimously. Member Carrington, seconded by Vice - Chairman Lowery, moved to re -hear Case #12 -194, or request of reduction oLfine. Motion carried unanimously. 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: ACFD - 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 Case No. 12 -194 Akpinar Esma Ipek 115 Hopewell Drive Violation Cited: 115 -3 Observation: WEED /GRASS OVER 10 ". ALSO MISC. TRASH/DEBRIS ON PROPERTY. Officer Siegrist 09/06/12 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 09/24/12 10/03/12 STATEMENT OF VIOLATIONS ORDER IMPOSING FINE/LIEN 10/03/12 NOTICE OF HEARING MEETING DATE: 10/23/12 10/03/12 PROOF OF SERVICE REG. & CERTIFIED MAIL 10/12/12 PROOF OF POSTING 07/15/13 10/23/12 COMPLIANCE ORDER. FOUND IN COMPLIANCE AS OF 09/21/12 11/06/12 AFFIDAVIT OF NON - COMPLIANCE 11/27/12 BOARD ORDER 11/27/12 ORDER IMPOSING FINE/LIEN 11/30/12 PROOF OF SERVICE 01/07/13 AFFIDAVIT OF NON COMPLIANCE 03/06/13 AFFIDAVIT OF NON COMPLIANCE 05/07/13 AFFIDAVIT OF NON COMPLIANCE 07/15/13 AFFIDAVIT OF NON COMPLIANCE 08/16/13 AFFIDAVIT OF NON COMPLIANCE 11/18/13 AFFIDAVIT OF NON COMPLIANCE 01/21/14 AFFIDAVIT OF NON COMPLIANCE 03/21/14 AFFIDAVIT OF NON COMPLIANCE 05/21/14 AFFIDAVIT OF COMPLIANCE 05/23/14 ORDER IMPOSING FINE/LIEN 05/27/14 PROOF OF SERVICE FOR CODES 115 -5. IN NON - COMPLIANCE FOR CODE 115 -3 AS OF 10/23/12. TO COMPLY BY 11/05/12 OR FINE OF $250.00 PER DAY UNTIL IN COMPLIANCE. IMPOSE FINE AS OF 11/06/12 CERTIFIED MAIL Page 2 TOTAL DUE $143,750.00 CERTIFIED MAIL 05/05/15 REQUEST FOR REDUCTION MEETING DATE: 05/26/15 Officer Siegrist presented the case and gave its history. Property was presented at the October 23, 2012 meeting. At that time, they were found in non - compliance and given until November 5, 2012 to comply, or be fined $250 per day. As of May 21, 2014, they were given an affidavit of compliance with the total fine as of May 23, 2014, is $143,750.00 and the City's cost is $1,015.13. Mr. Eddie Bean, representative of the property, explained his company received the property from the bank due to foreclosure in April 2014 to bring the property back into compliance, so they could get the property on the market to sell. He stated the property was in compliance within 60 days of the initial citation and they have continued to maintain the property to this day. Mr. Bean is requesting the fine to be reduced to the City's cost of $1,015.13. Member Kelley, seconded by Member Hopper, moved that in Case 412 -194, that the Code Enforcement Board recommends to the City Commission that the fine be reduced to City's cost of $1,015.13. Motion carried 6 -1 with Member Carrington dissenting. Case No. 15 -058 Juan Manuel & Ramiro Rodriguez 1401 Samantha Street Officer Siegrist Violation Cited: 168 -6 A &B (l ) Observation: Misc. One (1) Lincoln Navigator/ SUV/ purple/ FL tag/ parked on back yard lawn/grass /dirt. 04/30/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: N/A 04/30/15 STATEMENT OF VIOLATIONS 04/30/15 NOTICE OF HEARING MEETING DATE: 05/26/15 04/30/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Siegrist presented the case and gave its history. This was a citizen complaint and is an occupied property. On April 30th, he observed a Lincoln navigator parked in the back yard on an unapproved service and presented exhibits displaying the violation on the property. The officer also stated this is a repeat violation. Juan Rodriguez, owner of the property, stated he currently has tenant's that are residing on the property. He explained the fence had been knocked down and he advised the occupants not to park vehicles in the back of the property. The owner plans to have the gate fixed to eliminate the violation from happening in the future. Member Hopper, seconded by Member Kelley, moved in Case #15 -058, the respondent be found in repeat violation as cited as of April 30, 2015, and be found in compliance as of May 15, 2015, and no fine to be assessed at this time. Motion carried unanimously. Case No. 15 -059 Karen Brown 452 S Bluford Avenue Officer Loeffler Violation Cited: 115 -5, 108 -35, 115 -3 Observation: Dangerous public nuisance and attractive nuisance conditions. Tall weeds and grass within one block of an public middle and elementary school involving student, pedestrian and motorist visibility and line -of -sight safety issues at corner and upon sidewalk and right -of -way. Attractive nuisance conditions to juveniles and criminals. 04/16/15 NOTICE OF CODE VIOLATION 05/12/15 STATEMENT OF VIOLATIONS 05/12/15 NOTICE OF HEARING RE- INSPECTION DATE: REPEAT VIOLATION MEETING DATE: 05/26/15 Page 3 05/12/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was a repeat violation as well as a citizen and staff complaint. The officer presented exhibits displaying the hazardous conditions and explained the City initiated an emergency abatement of the property. The City brought this into compliance on May 18, 2015. The City is requesting to assess the fine of $250 per day, per violation. Member Osborne moved in Case #15 -059, the respondent be found in repeat violation as cited as of May 2 2015, and be found in compliance May 18, 2015, and to be fined ,$250 per day, per violation also to pay the City's cost of $160 in abatement fees. Motion died due to lack ofsecond. Vice - Chairman Lowery, seconded by Member Carrington, moved in Case #15 -059, the respondent be found in repeat violation as cited as of 2, 2015, and be found in compliance May 18 2015 and to be fined $250 per day, per violation, also to pay the City's cost of $160 in abatement fees. Motion carried 4 -3 with Member Osborne, Kelley and Blunder dissenting. Other Business Case No. 15 -049 Jamie Grace 1204 Willow Creek Road Officer Siegrist Violation Cited: 108 -23I, 115 -5 Observation: Grass /weeds over 10 ". Broken/missing exterior windows. 03/16/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04/02/15 04/03/15 STATEMENT OF VIOLATIONS 04/03/15 NOTICE OF HEARING MEETING DATE: 04/28/15 04/03/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL 04/28/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 03/31/15. TO COMPLY BY 05/08/15 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL COMPLIED. AUTHORIZE CITY TO ABATE THE PROPERTY AND ADD FEES TO FINE. 05/12/15 AFFIDAVIT OF NON COMPLIANCE 05/26/15 AFFIDAVIT OF COMPLIANCE Officer Loeffler presented the case and gave its history and also provided exhibits displaying the conditions of the property. This house is vacant. It was in non - compliance on March 16, 2015 and became in compliance on May 26, 2015. The City is requesting to impose a fine of $50 per day, per violation and to also include the City's cost of $596. Member Hopper, seconded by Member Carrington moved that in Case #15 -049, to impose fine as cited on May 9, 2015, to May 26, 2015, for the amount of $1,700 and add the City's cost $596 Motion carried unanimously. Page A. Case No. 15 -050 Southeast Property & Management LLC 406 Mabel Street Violation Cited: 115-6,115-6 Observation: Dirty swimming pool water. Grass /weeds over 10 ". 02/27/15 NOTICE OF CODE VIOLATION 04/03/15 STATEMENT OF VIOLATIONS 04/03/15 NOTICE OF HEARING 04/03/15 ALL DOCUMENTS SENT BY 04/28/15 COMPLIANCE ORDER 05/12/15 AFFIDAVIT OF COMPLIANCE Officer Siegrist RE- INSPECTION DATE: 03/16/15 MEETING DATE: 04/28/15 REG & CERTIFIED MAIL FOUND IN VIOLATION AS CITED AS OF 03/14/15 AND IN COMPLIANCE AS OF 04/17/15 OF CODE 115 -5. GIVEN UNTIL 05/08/15 TO COMPLY WITH 115 -6 OR FINE OF $50.00 PER DAY. OFFICER SIEGRIST Officer Siegrist reported there is an affidavit of compliance on file for the property. No further action was required by the board. Case No. 15 -051 Bennett Anderson 128 Olympus Drive Officer Loeffler Violation Cited: 64H(6)(b),I68 -613(1) Observation: Vehicle (Duke Energy Heavy Commercial Truck) & trailer parking upon un- surfaced unimproved grass yard. Prohibited trailer parking. 04/14/15 NOTICE OF CODE VIOLATION 04/14/15 STATEMENT OF VIOLATIONS 04/14/15 NOTICE OF HEARING 04/14/15 ALL DOCUMENTS SENT BY 04/28/15 COMPLIANCE ORDER RE- INSPECTION DATE: 04/10/15 MEETING DATE: 04/28/15 REG & CERTIFIED MAIL FOUND IN VIOLATION AS OF 04/02/15. TO COMPLY BY 04/05/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the board. Case No. 15 -053 Alberto Farrell 11 555 Whiskey Creek Court Officer Loeffler Violation Cited: 115 -5 A, B, C, 165 -3A Observation: Inoperable / expired tag vehicle: Blue Ford Truck. Tag expired 2012, vehicle covered in mold, dust, dirt, leaves, (Evidence of abandonment) tall weeds and grass front, rear and side yards. 04/14/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04/14/15 04/14/15 STATEMENT OF VIOLATIONS 04/14/15 NOTICE OF HEARING MEETING DATE: 04/28/15 04/14/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL 04/28/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 04/17/15. TO COMPLY BY 05/08/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. Officer Loeffler reported there is an affidavit of non - compliance on file for the property. Page 5 Member Osborne, seconded by Vice - Chairman Lowery, moved to impose fine as of May 9 2015. Motion carried unanimously. Case No. 15 -054 Thomas Donohoe 1503 Foxfire Drive Officer Loeffler Violation Cited: 165-3A,115-3,108-24D Observation: Inoperable untagged /expired tag van parked on driveway. Misc. junk, equipment, trash, old furniture and debris littering property. 04/14/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04/14/15 04/14/15 STATEMENT OF VIOLATIONS 04/14/15 NOTICE OF HEARING MEETING DATE: 04/28/15 04/14/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL 04/28/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 04/17/15. TO COMPLY BY 05/08/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. Officer Loeffler 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 May 9, 2015. Motion carried unanimously. Case No. 15 -055 NAFDOF06 6802 Lumberjack Lane Officer Loeffler Violation Cited: 6- 4H(6)(b) Observation: Trailer with boat prohibited storage: Not screened from view with 6' opaque fence and gate. 04/14/15 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04/14/15 04/14/15 STATEMENT OF VIOLATIONS 04/14/15 NOTICE OF HEARING MEETING DATE: 04/28/15 04/14/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL 04/28/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 04/10/15. TO COMPLY BY 05/08/15 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. Officer Loeffler 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 May 9, 2015. Motion carried unanimouslv. COMMENTS Member Kelley inquired if the officers are handling a complaint from District 1 in a gated community that was already called in from the HOA and citizens. Advised he will provide Commissioners with a list of concerns to be taken care o£ Chairman Godek announced his resignation to the Board. He further requested nominations for a new Chairman and Vice - Chairman. Page 6 Member Hopper nominated Keith Carrington as Chairman. Member Kelley nominated Darrell Lowery as Chairman. Vote was taken by show of hands. Poll was 5-1 to appoint Member Lowery as the New Chairman with Chairman Godek abstaining and Member Hopper not in favor. Member Hopper nominated Keith Carrington as Vice - Chairman. Vote was taken by show of hands. All were in favor to appoint Member Carrington as Vice - Chairman. ADJOURNMENT ATT S Meeting adjourned at 7:43 p.m. 4AVED: Nichol eRienzo, CEB R ording 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 7