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Home My WebLink About08-25-2015 Minutes CODE ENFORCEMENT BOARD MINUTES August 25,2015 CALL TO ORDER Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:04 p.m. in the Commission Chambers at City Hall. Member Hopper gave the invocation, and Vice-Chairman Carrington led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Lowery, Vice-Chairman Carrington, Members Hopper, Kelley, Blynder and Odom. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado, Edward Loeffler, and Bob Siegrist; Board Attorney Mary Sneed, Administrative Assistant Bridgett Coffey, and Recording Clerk Nichole DeRienzo. ABSENT: Member Osborne 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 July 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 Location of Violation 15-075 Joseph W. Armour 196 Beacon Point Drive Thomas J. Armour Melissa O. Armour 15-083 Gene C Mcgarity 612 Sherwood Oaks Circle Sandra L Mcgarity 15-084 Jonathan Morejon 610 Sherwood Oaks Circle 15-085 Pham Lien 400 S Bluford Avenue 15-086 Rickey T Adair 1500 Maureen Avenue 15-087 John R Palmer 701 Catwood Drive C. Order of Continuance (September 22, 2015, Meeting). None. Vice-Chairman Carrinzton, seconded by Member Hopper, 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: 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,00C-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. 15-072 Charles Lowery 3432 Mccormick Woods Drive Officer Siegrist Violation Cited: 105.4 Observation: Expired City Permit# 1252-2014 Issued 08-11-14,For A Residential/Shed. 05/27/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/22/15 06/26/15 STATEMENT OF VIOLATIONS 06/26/15 NOTICE OF HEARING MEETING DATE: 07/28/15 06/26/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL 07/28/15 ORDER OF CONTINUANCE MEETING DATE 08/25/15 Officer Siegrist requested that the case be continued to the next meeting date, September 22, 2015. Stephen Griffin, homeowner, has no objection to the continuance. Member Hopper, seconded by Member Odom, moved that in Case #15-072, that the Code Enforcement Board recommends to continue the case until the next meeting on September 22, 2015. Motion carried unanimously. Case No. 15-079 Karen H Brown 452 S Bluford Ave Officer Loeffler Violation Cited: 115-7, 115-6, 115-5, 115-3, 115-6 Observation: Dangerous public nuisance and attractive nuisance conditions. Uncovered unscreened in-ground swimming pool with black unsanitary water. Tall weeds and grass within one block of a 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. 06/30/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/15/15 07/30/15 CITY ABATEMENT INVOICE $150.00 07/31/15 CITY ABATEMENT INVOICE $50.00 08/11/15 STATEMENT OF VIOLATIONS Page 2 08/11/15 NOTICE OF HEARING MEETING DATE: 08/25/15 08/11/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This property is vacant and was a staff and citizen complaint. He also provided exhibits for this case, which displayed a requirement for emergency City abatement due to hazardous, unsafe conditions of tall weeds and grass for school children, pedestrians and motorists. The officer also displayed exhibits entailing photographs of the in-ground pool full of dirty water, which is considered a public nuisance and public health violation. The property owner was given until July 15, 2015 to abate the violation and come into compliance. As of July 31, 2015, the property remained in non-compliance, and the City was required to initiate an emergency abatement of the property. A Management Company had previously inquired what to do regarding the property, and as staff informed them of direction, no action was taken. Staff is requesting the City's total cost for the emergency abatement of$502 to be imposed to the respondent. Member Odom, seconded by Member Hopper, moved that in Case #15-079, the respondent be found in violation as cited as of July 15, 2015, and be found in compliance August 25, 2015, and no fine to be assessed at this time; however, the City's prosecution and emergency abatement costs totaling $502.00, be imposed to the respondent. Discussion: Member Hopper inquired if the respondent was still in violation. Officer Loeffler responded that the property was currently in compliance. Member Kelley inquired about the repeat violation for the tall weeds and grass. The Officer responded that due to the additional violation of the pool, it was not considered a repeat violation this time because emergency action was taken. Motion carried 4-2 with Members Kelley and Blynder dissenting. Case No. 15-082 Douglas & Evangeline Scott Officer Diaz 4991 Timber Ridge Trail & Masterpiece Pool & Spa, Inc. Violation Cited: 105.4 Observation: Failure to obtain any required inspections on a Pool and Spa,permit#0637-2014, issued on May 9,2014. 07/08/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/11/15 08/11/15 STATEMENT OF VIOLATIONS 08/11/15 NOTICE OF HEARING MEETING DATE: 08/25/15 08/11/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Diaz presented the case and gave its history. As of August 25, 2015, property is in non-compliance due to expired permits for the pool and spa, according to the Building Inspector. Officer spoke with contractor and was informed it should be completed in 30 days. Staff is requesting 30 days to come into compliance to have the electrical approved to finish the pool and spa for the final inspection. Member Hopper, seconded by Member Kelley, moved in Case #15-082, the respondent be found in violation as cited as of July 27, 2015, and be given until September 18, 2015, to come in to compliance or be fined$200 per day for each day the violation remain in non-compliance. Motion carried unanimously. — --- — ---- Page 3 — Other Business 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, located in the back yard visible from street.Tall weeds and grass under and around red vehicle;evidence of abandonment. 4/30/15 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 07/28/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 05/15/15 AND TO COMPLY BY 08/07/15 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 and requests to impose fine and lien. Member Blynder, seconded by Member Kelley, moved that in Case #15-066, to impose fine as of August 8, 2015. Motion carried unanimously. Case No. 15-076 Elizabeth A Hunt 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 07/28/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 07/08/15 AND TO COMPLY BY 08/14/15 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. Officer Siegrist reported there is an affidavit of non-compliance on file for the property and requests to impose fine and lien. Member Kelley, seconded by Vice-Chairman Carrington, moved that in Case #15-076, to impose fine as of August 15, 2015. Motion carried unanimously. COMMENTS Support Services Director Doug Gaines informs the Board he will be presenting former Chairman, Bob Godek, with an award the following Tuesday evening for the years he served on the Code Enforcement Board. — — — Page 4 ADJOURNMENT Meeting adjourned at 7:39 p.m. ATT ST: AP' •OVED: /4197,_ Nichole G eRienz� `•ecor•• g Clerk Darre 1 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 -- — —