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HomeMy WebLinkAbout11-24-2015 Minutes CODE ENFORCEMENT BOARD MINUTES November 24,2015 CALL TO ORDER Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:03 p.m. in the Commission Chambers at City Hall. Vice-Chairman Carrington gave the invocation, and Member Osborne 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 Osborne, and Kelley. Also present were Board Attorney Mary Sneed, Code Enforcement Officers Carmen Delgado, Edward Loeffler, and Bob Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Nichole DeRienzo. ABSENT: Members Hopper, Odom and Blynder, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, 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 October 27, 2015, Code Enforcement Board Meeting. B. Dismissal or Compliance. Case Number Respondent Location of Violation C. Order of Continuance (January 26, 2016, Meeting). Case Number Respondent Location of Violation COMMENTS FROM CITIZENS None. Vice-Chairman Carrington, seconded by Member Kelley, moved that Cases #15-112 be moved to the beginning of the agenda and then revert back to the original agenda. Motion carried unanimously. HEARINGS OFSTATEMENTS 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. 15-112 Davey E Mixson 138 Lafayette Street Officer Loeffler Violation Cited: 168-6 B(1),165-3A,165-4 Observation: Untagged,inoperable vehicle(black pick-up truck)parked upon grass easement.Untagged inoperable minivan front yard behind tree. 10/12/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Loeffler presented the case and gave its history. He reported the inoperable vehicle was parked upon the grass and was untagged. There was an additional vehicle that was untagged and parked in the front yard of the property, behind a tree. Bryan Mixon, owner of the property, stated that he has been waiting on his son to bring over a tow truck to have the vehicles removed, because they are inoperable. He mentioned the parking is limited in his neighborhood, and he is requesting an additional week to have the vehicles removed from the premises. Member Kelley moved in Case #15-112, the Code Enforcement Board recommends that the respondent be given until December 15, 2015, to come in to compliance, or be fined $50.00 per day for each day the violation remains in non-compliance. The motion by Member Kelley failed due to the lack of a second. Member Osborne, seconded by Vice-Chairman Carrington, moved in Case #15-112, the Code Enforcement Board recommends that the respondent be found in compliance as cited for 165-3A, but found in violation as cited for 168-6BA on November 3, 2015, and be given until December 4, 2015, to come in to compliance, or be fined $100.00 for each day the violation remains in non-compliance. Motion carried unanimously. Page 2 Case No. 15-111 Kelly Michelle Panchou & 109 Lafayette Street Jason Wade Panchou Officer Loeffler Violation Cited: 115-5 Observation: Misc. Overgrown grass/tall weeds in backyard. 10/06/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Loeffler reported there is an affidavit of compliance on file for the property.No further action. Vice-Chairman Carrington, seconded by Member Osborne, moved to dismiss Case #15-111, as no further action is needed. Motion carried unanimously. Case No. 15-113 Vivienne Henry 958 Bloomington Court Officer Loeffler Violation Cited: 115-3, 108-35 Observation: Dead,decayed,diseased tall palm tree near pedestrian sidewalk and right-of-way constituting a dangerous nuisance to pedestrians,vehicles and structures especially during severe weather. 10/01/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action. Vice-Chairman Carrington, seconded by Member Osborne, moved to dismiss Case #15-113, as no further action is needed. Motion carried unanimously. Case No. 15-114 Mark Daviteit 802 Apricot Drive Officer Loeffler Violation Cited: 108-24D, 115-3,108-23Q Observation: Misc.junk, material, scrap, debris, furniture littering rear carport and rear yard area. Open unsecured fence and gate leading to a large abandoned hot-tub Jacuzzi full of unsanitary green water. 09/28/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Loeffler 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 dilapidated fence, green spa water, and miscellaneous furniture and debris in the rear yard. The officer requested to give the respondent 15 days to comply or to be fined for non-compliance. Member Kelley, seconded by Vice-Chairman Carrington, moved that in Case #15-114, the respondent be ound in violation as cited as o October 16 2015 and be liven until December 8 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. Page 3 Case No. 15-115 Ronald L Merideth 12 Lafayette Street Barbara D Merideth Officer Loeffler Violation Cited: 108-24D, LDC 6-4, 168-6 9(B)(1), 82-4 Observation: Prohibited storage materials, scrap, appliances and other similar items front yard. Prohibited storage of hauling trailers front yard and drive.Unpermitted yard-sale activity. Vehicle parked on unsurfaced unimproved yard grass surface. 11/03/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL 11/18/15 AFFIDAVIT OF COMPLIANCE Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action. Vice-Chairman Carrington, seconded by Member Kelley, moved to dismiss Case #15-115, as no further action is needed. Motion carried unanimously. Case No. 15-116 Pham Lien 400 S Bluford Avenue Officer Loeffler Violation Cited: 115-3, 115-7 Observation: Tall weeds and grass: front,rear,side yards and easements and pedestrian sidewalks near school including around a flashing school zone sign. Habitual neglected responsibility by tenant occupants and owner; conditions constituting a nuisance and creating a blighted effect reflecting upon the neighborhood and the overall economic and esthetic health of the city. 11/04/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was a citizen complaint about an occupied property regarding tall weeds and grass. The City had previously brought code violation 115-7 in to compliance; however, the property remains in non-compliance for code violation 115-3. Vice-Chairman Carrington, seconded by Member Osborne, moved that in Case #15-116, the respondent be found in violation as cited for violation #115-3, as of November 11, 2015, and be given until December 4, 2015, to come in to compliance or be fined $100 per day, for each day the violation remains in non- compliance. Motion carried unanimously. Case No. 15-117 Karen H Brown 452 S Bluford Avenue Officer Loeffler Violation Cited: 115-3,115-7 Observation: Vacant structure and lot with history of prior code enforcement actions-property monitored and some abatement performed by Five Brothers Mortgage Service. Observed neglected and unmonitored property with tall weeds and grass including easements and pedestrian sidewalk areas. Conditions constituting a public nuisance creating blight effect on the neighborhood and the overall economic and esthetic health of the city. 11/04/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/11/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Page 4 Officer Loeffler presented the case and gave its history. This property has become a public nuisance due to the conditions surrounding the pedestrian sidewalks. The owner has failed to abate the tall weeds and grass and continue monitoring the property. This property also has a history of code enforcement violations. Member Osborne, seconded by Member Kelley, moved that in Case #15-117, the respondent be found in violation as cited as of November 11, 2015, and be given until December 4, 2015, to come in to compliance or be fined $100 per day, for each day the violation remains in non-compliance. Motion carried unanimously. Case No. 15-118 Tasha Davis 1100 Windswept Drive Manik Rohit Officer Diaz Violation Cited: 115-3, 165-3 A, 165-4 A,B,(1)(a)(b)(2) C,D Observation: Black crates throughout the front of the property. Miscellaneous junk/debris on property. Red truck with flat tires and Expired Tag/Untagged/Inoperable Vehicle on the property. 09/22/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/22/15 11/10/15 STATEMENT OF VIOLATIONS 11/10/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/10/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Diaz reported there is an affidavit of compliance on file for the property. No further action. Vice-Chairman Carrington, seconded by Member Kelley, moved to dismiss Case #15-118, as no further action is needed. Motion carried unanimously. Case No. 15-119 Kunal B Patel 2834 Eagles Landing Trail Officer Siegrist Violation Cited: 105.4 Observation: Expired City permit#0240-2015 issued 02-12-15,for building a Screen Enclosure. 10/29/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/10/15 11/11/15 STATEMENT OF VIOLATIONS 11/11/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/11/15 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Siegrist requested an order of continuance for this case to be presented at the next Code Enforcement Meeting in January, 2016. Vice-Chairman Carrington, seconded by Member Kelley, moved in Case #15-119, an order of continuance to the next Code Enforcement Meeting on January 26, 2016. Motion carried unanimously. Case No. 15-120 Scott Leake 879 Cool Springs Court Tracy Jo Leake Officer Siegrist Violation Cited: 105.4 Observation: Obtain all required inspections and pay all outstanding fees,to complete/close out permit. 10/29/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/10/15 11/11/15 STATEMENT OF VIOLATIONS 11/11/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/11/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Page 5 Officer Siegrist reported there is an affidavit of compliance on file for the property.No further action. Vice-Chairman Carrington, seconded by Member Kelley, moved to dismiss Case #15-120, as no further action is needed. Motion carried unanimously. Case No. 15-121 Brand Exchange C/O Of 112 W Mckey Street Barbara Freeman & Jimmy Sills Officer Diaz Violation Cited: 119-2,119-10A, B, C, D, E Observation: Running Business without required Business Tax Certificate Occupational License.(Brand Exchange) 10/12/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/10/15 11/11/15 STATEMENT OF VIOLATIONS 11/11/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/11/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Diaz reported there is an affidavit of compliance on file for the property. No further action. Vice-Chairman Carrington, seconded by Member Kelley, moved to dismiss Case #15-121, as no further action is needed. Motion carried unanimously. Case No. 15-122 Jamie E Grace 1204 Willow Creek Road Officer Siegrist Violation Cited: 115-3, 108-24D Observation: Grass/weeds over 10",constituting a nuisance to public health, safety and welfare.Misc.trash/debris on property. 11/03/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/12/15 11/12/15 STATEMENT OF VIOLATIONS 11/12/15 NOTICE OF HEARING MEETING DATE: 11/24/15 11/12/15 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Siegrist presented the case and gave its history while providing exhibits. This was a vacant property that continues to have overgrown grass, and contains an abundant amount of trash, debris, and clothing located on the side yard of the property, which is a nuisance to public health and safety. On November 12, 2015, the property was in non-compliance; and as of today, the property still remains in non-compliance. Staff is requesting emergency city abatement and the costs to be added to the fine, and inquired if the City is able to remove the trash and debris. Member Osborne, seconded by Vice-Chairman Carrington with a request to amend, moved that in Case #15-122, the respondent be found in violation as cited as of November 11, 2015, and be given until November 27, 2015, to come in to compliance or be fined $100 per day, per violation for each day the violation remains in non-compliance; and further, to authorize the City to perform an immediate abatement; whereas, the respondent will be responsible for the City's abatement costs. Vice-Chairman Carrington, seconded by Member Kelley, amends the previous motion, to extend the compliance date to December 11, 2015. Motion carried unanimously. Member Osborne, seconded by Vice-Chairman Carrington, moved that in Case #15-122, the respondent be found in violation as cited as of November 11, 2015, and be given until December 11, 2015, to come in to compliance or be fined $100 per day, per violation for each day the violation remains in non-compliance. and further, to authorize the City to perform an immediate abatement; whereas, the respondent will be responsible for the City's abatement costs. Motion carried unanimously. Page 6 Other Business Case No. 15-100 Christiana Trust 1301 Center Street Officer Siegrist 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 reported there is an affidavit of non-compliance on file for the property and is requesting to impose fine. Member Osborne, seconded by Member Kelley, moved to impose fine as of November 7, 2015. Motion carried unanimously. Case No. 15-107 David Foster 5025 Water Wheel Court Officer Loeffler Violation Cited: 115-3, 115-6, 108-35 Observation: Open unsecured, 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 10/27/15 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 09/16/15 FOR CODES: 115-3, 115-6, 108-35. TO COMPLY BY 11/13/15 OR FINE OF $150.00 PER DAY,PER VIOLATION UNTIL IN COMPLIANCE. CITY AUTHORIZES FOR IMMEDIATE ABATEMENT OF THE PROPERTY VIOLATIONS AND ADD THE COSTS TO THE FINE. Officer Loeffler reported there is an affidavit of non-compliance on file for the property and is requesting to impose fine. Member Kelley, seconded by Vice-Chairman Carrington, moved to impose fine as of November 14, 2015. Motion carried unanimously. Page 7 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 10/27/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 10/12/15. TO COMPLY BY 11/06/15 OR FINE OF $250.00 PER DAY UNTIL IN COMPLIANCE. Officer Diaz reported there is an affidavit of non-compliance on file for the property and is requesting to impose fine. Member Kelley, seconded by Vice-Chairman Carrington, moved to impose fine as of November 7, 2015. Motion carried unanimously. COMMENTS Chairman Lowery, seconded by Member Kelley, moved to cancel the December 2015, Code Enforcement Meeting, and resume in January 2016. Motion carried unanimously. Madam Clerk updated the Board on un-official results from the Run-Off Election. ADJOURNMENT Meeting adjourned at 7:54 p.m. ATT ST: AP,r. • ED: / / / Nichole eRie -EB R,cording 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 8