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HomeMy WebLinkAbout07-28-2015 Minutes CODE ENFORCEMENT BOARD MINUTES July 28, 2015 CALL TO ORDER Chairman Lowery 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 Hopper gave the invocation, and Member Kelley led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Lowery, Members Osborne, Hopper, Kelley and Odom. 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, and Recording Clerk Nichole DeRienzo. ABSENT: Vice-Chairman Carrington and Board Attorney Mary Sneed, excused. 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 June 23, 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 Location of Violation 15-065 Carmen Jarvis 2561 Auld Scot Blvd 15-067 Elizabeth Caswell 6826 Millstream Rd 15-069 Linda& Margaret Gaddis 603 Sherwood Oaks Circle 15-071 Southwest Property & Management, LLC 406 Mabel Street 15-073 Marie Pierre, Jean Claude, & Rose Durosier 1410 Center Street 15-074 Dawn Carpenter 640 Jay Street 15-077 Good Homes Orlando, LLC & Carlos Segrera 8995 W Colonial Drive 15-078 Brazon Agrenis, Andarcia Carmen, & Avenida 340 Spruce Pine Road Francisco De Miranda C. Order of Continuance (August 25, 2015, Meeting). Case Number Respondent Location of Violation 15-072 Stephen Griffin& Taiche Taylor 3432 McCormick Woods Drive 15-075 Joseph, Thomas, & Melissa Armour 196 Beacon Point Drive Member Hopper, seconded by Member Odom, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. COMMENTS FROM CITIZENS None. Member Kelley, seconded by Member Hopper, moved that Cases #11-033 be moved to the beginning of the agenda and then revert back to the original agenda. Motion carried unanimously. Member Kelley, seconded by Member Hopper, moved to re-hear Case #11-033, for request of reduction of fine. 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,01F-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. 11-033 Charles Lowery 1000 Center Street Officer Delgado Violation Cited: 115-1, 115-2, 115-3 Observation: Miscellaneous junk/debris on property. 01/13/11 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/24/11 03/01/11 STATEMENT OF VIOLATIONS 03/01/11 NOTICE OF HEARING MEETING DATE: 03/22/11 03/01/11 PROOF OF SERVICE REG. &CERTIFIED MAIL 03/22/11 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 02/28/11 TO COMPLY BY 04/12/11 OR FINE OF $100.00 PER DAY, PER VIOLATION. 04/13/11 AFFIDAVIT OF NON-COMPLIANCE 04/26/11 C.E.B.. ORDER IMPOSE FINE AS OF 04/03/11 @$100.00 PER DAY, PER VIOLATION AND ADD COSTS OF CITY OF $ 302.50. 04/27/11 ORDER IMPOSING FINE/LIEN 04/27/11 PROOF OF SERVICE REG&CERTIFIED MAIL 06/29/11 AFFIDAVIT OF NON COMPLIANCE 08/30/11 AFFIDAVIT OF NON COMPLIANCE 10/31/11 AFFIDAVIT OF NON COMPLIANCE 01/09/12 AFFIDAVIT OF NON COMPLIANCE Page 2 03/19/12 AFFIDAVIT OF NON COMPLIANCE 05/25/12 AFFIDAVIT OF NON COMPLIANCE 07/25/12 AFFIDAVIT OF NON COMPLIANCE 09/26/12 AFFIDAVIT OF NON COMPLIANCE 11/28/12 AFFIDAVIT OF NON COMPLIANCE 01/31/13 AFFIDAVIT OF NON COMPLIANCE 04/01/13 AFFIDAVIT OF NON COMPLIANCE 06/07/13 AFFIDAVIT OF NON COMPLIANCE 08/16/13 AFFIDAVIT OF NON COMPLIANCE 10/09/13 AFFIDAVIT OF NON COMPLIANCE 01/29/15 AFFIDAVIT OF NON COMPLIANCE 01/30/15 AFFIDAVIT OF NON COMPLIANCE 06/02/15 AFFIDAVIT OF COMPLIANCE 06/26/15 REQUEST FOR REDUCTION MEETING DATE: 07/28/15 Officer Delgado presented the case and gave its history. The property was presented at the March 22, 2011, meeting. At that time, they were found in non-compliance and given until April 12, 2011 to comply, or be fined $100 per day, per violation. Property was in violation 1,521 days. As of June 2, 2015, they were given an affidavit of compliance with the total fine of$154,620.50 and the City's cost is $2,520.50. Barney Killinger, affiliate with California General Partnership, received the property as a foreclosure in April 2015. The company had since then cleaned up the excess debris around the property and brought the property up to code to have the house sold. Mr. Killinger explained they are in the process of closing with a buyer and requested the fine be reduced to the City's cost. Member Osborne, seconded by Member Hopper, moved that in Case #11-033, that the Code Enforcement Board recommends to the City Commission that the fine be reduced to City's cost of$2,520.50. Motion carried unanimously. Case No. 15-057 Pedro Camacho & Joaquin Pompa 900 Starke Lake Circle Officer Loeffler Violation Cited: 115-3, 108-24, 168-6, 6-4H(6)(B) Observation: Misc. Conditions constituting a public nuisance and nuisance to the Public Health, Safety&Welfare. Inoperable,expired tag,no tag vehicles with evidence of abandonment and/or inoperable condition parked/stored on property with ramps,jacks,jack stands, flat or missing tires and tall weeds and grass. Vehicles parked and stored on un-surfaced grass lawn. Property littered with tools, equipment, parts, debris,junk, scrap and building materials. Tall weeds& grass on portions of property. Prohibited trailer parking and storage location. 04/09/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/28/15 05/12/15 STATEMENT OF VIOLATIONS 05/12/15 NOTICE OF HEARING MEETING DATE: 05/26/15 05/12/15 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL 05/26/15 ORDER OF CONTINUANCE MEETING DATE: 06/23/15 06/23/15 ORDER OF CONTINUANCE MEETING DATE: 07/28/15 Officer Loeffler presented the case and gave its history. April 8, 2015, he responded to multiple citizen complaints and presented exhibits displaying the violation on the property. The officer observed a nuisance vehicle with evidence of abandonment, which was parked on unsurfaced grass, with the property being littered with tools and debris, and also documented tall weeds and grass. As of May 12, 2015, the property was still in non-compliance. As of July 28,2015, the property is in compliance, but the officer also stated this property has had repeat violations. Page 3 Member Kelley seconded by Member Hopper, moved in Case #15-057, the respondent be found in repeat violation of codes 115-3, 108-24, 168-6, and 6-4H(6)(B), as cited as of April 28, 2015, and be found in compliance as of June 12, 2015, and no fine to be assessed at this time. Motion carried unanimously. Case No. 15-066 Chevron & Vernet Stallworth 4991 Timber Ridge Trail Officer Loeffler Violation Cited: 165-3 Observation: White 4-door sedan, front driveway flat tires, covered in dirt and mold, no valid license tag. Red vehicle in back yard is visible from street. Tall weeds and grass under and around red vehicle; evidence of abandonment. 04/30/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/10/15 06/11/15 STATEMENT OF VIOLATIONS 06/11/15 NOTICE OF HEARING MEETING DATE: 06/23/15 06/11/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL 06/23/15 ORDER OF CONTINUANCE MEETING DATE: 07/28/15 Officer Loeffler presented the case and gave its history. This was a citizen and Homeowner's Association complaint. The officer presented exhibits displaying abandonment of vehicles in the front yard as well as a red vehicle parked behind the house that is visible from the street. As of July 28, 2015, the property was still in non-compliance. The officer requests the respondent to be given 10 days to comply or be fined $50 per day. Member Blunder, seconded by Member Kelley, moved in Case #15-066, the respondent be found in violation as cited as of May 15, 2015, and be given until August 7, 2015, to come in to compliance or be fined$100 per day for each day the violation remain in non-compliance. Motion carried unanimously. Case No. 15-076 Deannie L Nelson 712 Broadway Drive Officer Siegrist Violation Cited: 115-6, 43-7 A.(1)&B. Observation: Dirty swimming pool water.Two(2)goats with collars and defecation in backyard. 06/23/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/09/15 07/10/15 STATEMENT OF VIOLATIONS 07/10/15 NOTICE OF HEARING MEETING DATE: 07/28/15 07/10/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Siegrist presented the case and gave its history. This was a citizen complaint about an occupied property. The officer provided exhibits displaying the conditions of the property that contained a dirty swimming pool and two goats with collars that were present on the property. On July 8, 2015, the property was in non-compliance. The officer requested to give the respondent 15 days to comply or be fined $100 per day,per violation thereafter, if found in non-compliance. Member Hopper, seconded by Member Odom, moved that in Case #15-076, the respondent be found in violation as cited as of July 8, 2015, and be given until August 14, 2015, to come in to compliance or be fined $100 per day, per violation, for each day the violations remain in non-compliance. Motion carried unanimously. Other Business Page 4 Case No. 15-009 Elizabeth A Hunt 322 Sabinal Street Officer Loeffler Violation Cited: 108-35, 115-3, 108-23F, 108-7, 108-9, 54-3A(1), 108-19(i) Observation: Occupancy of a dwelling in violation of the Minimum Housing Standards Codes. Within all rooms, hallways and the garage: conditions constituting a public nuisance and a nuisance to the public health safety and welfare. Life-Safety violations. Physical and unsanitary conditions so lacking illumination or ventilation as to be dangerous to human life or detrimental to the health of occupants or persons on or near the premises. Violations of the Minimum Standards Codes which cumulatively impact upon premises to the point whereby conditions endanger human life or substantially and detrimentally affect the safety or security of occupants. Interior air quality unwholesome and detrimental to the health of human beings. Hazard or menace of fire to a greater degree than that customarily recognized as normal in preventing,suppressing or extinguishing fire or which may obstruct, delay or hinder or may become the cause of an obstruction,a delay,a hazard or a hindrance to the prevention, suppression or extinguishment of fire.Animal waste and food waste littering interior of dwelling. Garbage,junk and debris stacked, positioned and stored within the dwelling making impossible safe normal passage,egress,entry and exit. Doors, windows and hallways blocked and congested with stored and stacked garbage,junk and debris. Inoperable toilet, plumbing fixture with standing waste and related odor. Missing,blocked and inoperable smoke detectors. No ventilation due to stacked and stored garbage,junk,debris blocking windows and air conditioning vents. Stacked and stored garbage,junk and debris to the extent that risk of fire is increased,ability to escape is decreased,ability to extinguish is decreased and danger to the health and safety of responding authorities is increased.No address numbers displayed. 12/19/14 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/14/15 01/15/15 STATEMENT OF VIOLATIONS 01/15/15 NOTICE OF HEARING MEETING DATE: 01/27/15 01/15/15 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL 01/27/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 01/10/2015 AS CITED. TO COMPLY BY 03/27/2015 OR FINE OF $50.00 PER DAY,PER VIOLATION, UNTIL IN COMPLIANCE. 04/28/15 COMPLIANCE ORDER MOTION TO EXTEND COMPLIANCE DATE TO JULY 28,2015. Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the Board. COMMENTS Support Services Director Doug Gaines acknowledged Mayor's retirement party Friday, July 31, 2015. Chairman Lowery announced the mailman, Wayne Hurst, planned to retire at the end of July as well, and wished him luck! ADJOURNMENT Meeting adjourned at 7:32 p.m. • ATT ST: APP'OVED: dit ibi Nichole a eRienzo, CEB ! -cording Clerk arrell Lowery, 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 5