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Home My WebLink About09-22-2015 Minutes CODE ENFORCEMENT BOARD MINUTES September 22,2015 CALL TO ORDER Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 p.m. in the Commission Chambers at City Hall. Vice-Chairman Carrington 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, Vice-Chairman Carrington, Members Kelley, and Osborne. Member Hopper arrived while reverting back to the regular agenda. 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 Blynder and Odom 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 August 25, 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 15-072 Stephen Griffin 3432 Mccormick Woods Drive Taiche Taylor 15-090 Diaz Becerra Maria Guadalope 607 Melva Avenue 15-095 Jorge Benzaquen 327 Sabinal Street C. Order of Continuance (October 27, 2015, Meeting). None. Vice-Chairman Carrington, seconded by Member Kelley, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. COMMENTS FROM CITIZENS None. Vice-Chairman Carrington, seconded by Member Kelley, moved that Case #15-082 be moved to the beginning of the agenda and then revert back to the original agenda. 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. 15-082 Douglas E Scott 384 Douglas Edward Drive Evangeline K Scott Officer Diaz 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 08/25/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 07/27/15 TO COMPLY BY 09/18/15 OR FINE OF $200.00 PER DAY, PER VIOLATION UNTIL COMPLIED 09/22/15 ORDER OF CONTINUANCE MOTION TO EXTEND COMPLIANCE DATE TO 10/16/15 Officer Diaz presented the case and gave its history. It is currently in non-compliance. Evangeline Scott, homeowner, is requesting to extend the time of the permit to work on the electrical for an additional month. Owners are currently work with the building department on obtaining the permit to have the electrical completed for the final inspection of the pool. Member Osborne, seconded by Vice-Chairman Carrington, moved that in Case #15-082, the compliance time be extended to October 30, 2015. Motion failed 2-2 with Chairman Lowery and Member Kelley dissenting. Member Kelley, seconded by Vice-Chairman Carrington, moved that in Case #15-082, the compliance time be extended to October 16, 2015. Motion carried 3-1 with Member Osborne dissenting. Page 2 Case No. 15-088 Cheryl Robison 1010 Sarah Lee Lane U.S. Bank N. A. Officer Loeffler Violation Cited: 108-35, 115-3, 115-5, 115-6 Observation: Within 500' of an elementary school and along the student walk route grass over 10 feet including easement and sidewalk. Unsecured access to an in-ground swimming pool with green unsanitary water- conditions constitutes a dangerous public safety nuisance and menace condition warranting emergency city abatement action(s) under the provisions of 7-6 of the code of ordinances. 08/24/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: SEE INVOICE(S) 08/31/15 INVOICE CITY ABATEMENT($115.00) 08/31/15 INVOICE CITY ABATEMENT ($50.00) 09/10/15 STATEMENT OF VIOLATIONS 09/10/15 NOTICE OF HEARING MEETING DATE: 09/22/15 09/10/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL 09/22/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 08/24/15. IN COMPLIANCE AS OF 08/25/15.NO FINE ASSESSED BUT FEE OF $500.00 TO BE PAID TO RECOVER THE CITY COST FOR ABATEMENT. 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 property owner was given until August 24, 2015 to abate the violation and come into compliance. As of August 25, 2015, the property remained in non-compliance, and the City was required to initiate an emergency abatement of the property. The property owner had previously inquired what to do regarding the property, and as staff informed them of direction, with no action was taken. Staff is requesting the City's total cost for the emergency abatement of$550 to be imposed to the respondent. Member Osborne, seconded by Member Hopper, moved that in Case #15-088, the respondent be found in violation as cited as of August 24, 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 $550.00, be imposed to the respondent. Motion carried unanimously. Case No. 15-094 Amaya Madrid Officer Loeffler 9051 A.D. Mims Rd Jose Antonio, Escalante Rivera &Jessy Vanessa Violation Cited: 51-13 Observation: modular buildings/construction without required approved,reviewed and issued permits from the Ocoee building department. 09/12/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/09/15 09/10/15 STATEMENT OF VIOLATIONS 09/10/15 NOTICE OF HEARING MEETING DATE: 09/22/15 09/10/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL 09/22/15 COMPLIANCE ORDER IN VIOLATION ON 08/17/15. TO COMPLY BY 10/10/15 OR FINE OF $200.00 PER DAY AS LONG AS VIOLATION REMAINS IN NON- COMPLIANCE. Page 3 Officer Loeffler presented the case and gave its history. In response to multiple citizen complaints, the Officer displayed numerous exhibits of the modular buildings that were constructed without a permit. Property owner was given until August 17, 2015 to remove the trailer and modular buildings. Respondent expressed interest to the Officer to obtain a permit, however the request was denied by the Building Department. The property still remains in non-compliance as of September 22, 2015. Staff recommends giving the respondent 14 days to remove the modular buildings or pay $50 a day until brought into compliance. Member Kelley, seconded by Member Osborne, moved in Case #15-094, the respondent be found in violation as cited as of August 17, 2015, and be given until October 10, 2015, to come in to compliance or be fined$200 per day for each day the violation remain in non-compliance. Motion carried unanimously. Case No. 15-096 Carlos Perez 1510 Mona Avenue Officer Loeffler Violation Cited: 115-5 Observation: overgrown/tall weeds and grass;front,rear and side yard. 08/04/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/06/15 09/10/15 STATEMENT OF VIOLATIONS 09/10/15 NOTICE OF HEARING MEETING DATE: 09/22/15 09/10/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL 09/22/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 08/05/15 TO COMPLY BY 10/05/15 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. Officer Loeffler presented the case and gave its history due to citizen complaints regarding tall weeds and grass at the owner-occupied residence. In violation on August 4, 2015 and is still in non-compliance as of this date. Member Kelley, seconded by Member Hopper, moved in Case #15-096, the respondent be found in violation as cited as of August 4, 2015, and be given until October 5, 2015, to come in to compliance or be rued$100 •er da or each da the violation remain in non-compliance. Motion carried unanimousl . COMMENTS None. ADJOURNMENT Meeting adjourned at 7:30 p.m. ATT ST- AP ROVED: it,aC Nichole G eRienzo, B Re ord. g Clerk Darrell 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 4