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Home My WebLink About10-27-2015 Minutes CODE ENFORCEMENT BOARD MINUTES October 27, 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. 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 Kelley, Odom, Hopper and Osborne. 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 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 September 22, 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 15-101 Lakendon Inc 103 Mercantile Court 15-105 Eileen Salhab 2524 Dovetail Drive C/O Kent Francois 15-106 Albert C Hensel Jr 700 Rich Drive 15-110 Victoria J Laney 828 Hammocks Drive C. Order of Continuance (November 24, 2015, Meeting). None. Vice-Chairman Carrinjton, 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 #15-094 and Case #15-109 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. 15-094 Amaya Madrid 9051 A.D. Mims Rd Jose Antonio Officer Loeffler 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 Officer Loeffler presented the case and gave its history. He stated the owner attempted to obtain a permit from the building department once the module had arrived on the property, which was not approved. The modular building was still present on the property and is currently in non-compliance. Luis Reyes, brother of the property owner, had requested an extension of time to remove the building until November 15th, due to the buyer not being able to remove the module during the time given. The owner does not have the ability to remove it without the assistance of the buyer. Member Osborne, seconded by Member Odom, moved that in Case #15-094, the compliance time be extended to November 15, 2015. Motion failed 2-4 with Chairman Lowery, Vice-Chairman Carrington and Members Kelley, and Hopper dissenting. Page 2 Vice-Chairman Carrington, seconded by Member Kelley, moved in Case #15-094, to impose fine of$200 a day, effective as of October 11, 2015, until brought in to compliance. Motion carried 4-2 with Members Odom and Osborne dissenting. Case No. 15-109 Garcia Maria De Jesus 20 Sundial Key Drive Elsa Escobedo Officer Diaz Violation Cited: 51-13 Observation: Building a Shed without required permits,plans,approval and inspections. 09/28/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/13/15 10/13/15 STATEMENT OF VIOLATIONS 10/13/15 NOTICE OF HEARING MEETING DATE: 10/27/15 10/13/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Diaz presented the case and gave its history that included exhibits for this case. This property was a citizen complaint regarding drinking and partying in the back of the property, as well as concerns of a shed that may be used for sleeping quarters. The officer confirmed there was no permit pulled for the existing shed. This issue was dealt with a couple years back, and the shed had been taken down then. As of today, the property remained in non-compliance, and the City is requesting 10 days to come in to compliance, or to impose a fine of$150 per day until property is brought in to compliance. Maria Garcia, property owner, explained she had flown in from Texas to address the situation on the property. Her current tenant is her brother, who built the shed. She was unable to obtain a request for the building permit because she had not been able to come back to Florida. She is requesting time to request a permit, or tear down the shed. Member Hopper, seconded by Member Osborne, moved that in Case #15-109, the respondent be found in violation as cited as of October 12, 2015, and be given until November 6, 2015, to come in to compliance, or be fined$250 per day the violation remains in non-compliance Motion carried unanimously. Case No. 15 -100 Christiana Trust Officer Siegrist 1301 Center Street Violation Cited: 115-5, 165-3, 168-6A, B (1) Observation: Grass/weeds over 10". White pick-up truck parked in backyard on grass. 09/09/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/24/15 09/30/15 STATEMENT OF VIOLATIONS 09/30/15 NOTICE OF HEARING MEETING DATE: 10/27/15 09/30/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Siegrist presented the case and gave its history. He provided exhibits of the property displaying overgrown grass and weeds, as well as a white pick-up truck parked in the backyard on an unsurfaced area, with no tag. As of October 5, 2015, the officer observed the grass and weeds had been mowed, and brought in to compliance. The property still remains in non-compliance for the remaining two codes, as of October 27, 2015. Staff recommends giving the respondent 10 days to remove the modular buildings or pay $75 per day, per violation, until brought in to compliance. Page 3 Member Kelley, seconded by Vice-Chairman Carrinj'ton, moved in Case #15-100, the respondent be found in violation for codes 165-3 and 168-6A as cited as of September 24, 2015, and be given until November 6, 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. 15-104 Foundation of Lights Inc. 120 Floral Street Officer Diaz Violation Cited: 6-14Cg l li iii iv Observation: Tractor trailer stored in violation of PUD zoning code. 10/01/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/06/15 10/07/15 STATEMENT OF VIOLATIONS 10/07/15 NOTICE OF HEARING MEETING DATE: 10/27/15 10/07/15 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Diaz presented the case and gave its history. This property was citizen complaints regarding a tractor trailer parked and stored on, and to the right away of the property. The property was in violation as of October 6, 2015 and as of today, October 27, 2015, it is in compliance. Member Hopper, seconded by Member Odom, moved in Case #15-104, the respondent be found in violation as cited as of October 6, 2015, and be found in compliance as of October 27, 2015, and no fine to be assessed at this time. Motion carried unanimously. Case No. 15-107 David Foster 120 Floral Street Officer Loeffler Violation Cited: 115-3, 115-6, 108-35 Observation: Open un-secured, un-restricted access to an above ground swimming pool with wood stairs and deck (no removable ladder).Green unsanitary water. Dilapidated and falling fence sections and gate. 09/09/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/13 /15 10/13 /15 STATEMENT OF VIOLATIONS 10/13 /15 NOTICE OF HEARING MEETING DATE: 10/27/15 10/13 /15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This property was citizen complaints regarding a vacant residential structure with two wide open, unsecured broken fence gates that led to an un-secured, un- restricted above ground swimming pool, with wood stairs and deck with no removable ladder. The pool contained green, unsanitary water. On October 13, 2015, the property remained in non-compliance, and the officer observed the posted violation on the property was removed. He was contacted by the property owner, who stated this is a bank owned property. As of October 27, 2015, the property remains in non-compliance. The officer requested an immediate abatement to treat the unsanitary water, repair and reinstall the fence gates, which would include securing the fence with locks. Staff also requested a compliance time of seven days, or the respondent be fined $150.00 a day, per violation until in compliance, and also to have the respondent be responsible for the City's emergency abatement cost. Member Kelley, seconded by Member Odom, moved in Case #15-107, the respondent be found in violation as cited as of September 16, 2015, and be given until November 3, 2015, to come in to compliance or be fined $150 per day, for each day the violations remain in non-compliance. Also authorize the City to perform an immediate abatement, and have the respondent be responsible for the City's abatement cost. Motion carried unanimously. Page 4 OTHER BUSINESS 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 reported there is an affidavit of compliance on file for the property. No further action was required by the board. 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 reported there is an affidavit of compliance on file for the property. No further action was required by the board. COMMENTS Assistant Support Services Director Doug Gaines commented on the un-official results of the Election, stating that due to the current results, the City may be having a run-off Election in November. Page 5 ADJOURNMENT Meeting adjourned at 7:50 p.m. ATT r ST: • PP O ED: 410° AerV ichole 'a eRi. • B R- ording Clerk D 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 6