HomeMy WebLinkAbout01-26-2016 Minutes CODE ENFORCEMENT BOARD MINUTES
January 26,2016
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
Hopper 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, Blynder, 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 Marsha Segal-George, Administrative Assistant Bridgett
Coffey, and Recording Clerk Nichole DeRienzo.
ABSENT: None.
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 November 24, 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
15-128 Margaret W Acree 604 Christine Avenue
16-001 Charles L Paolucci 1221 Baranova Road
Catherine Page
C. Order of Continuance (February 23, 2016, Meeting).
None.
Vice-Chairman Carrington, seconded by Member Odom, 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,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. 15-119 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
11/24/15 ORDER OF CONTINUANCE MEETING DATE: 01/26/2016
Officer Loeffler presented the case and gave its history that included exhibits for this case. The complaint
came from the building department for an expired permit. The property owner had created a room addition
in back of the house, which displayed exhibits on screened enclosure. The property owner had a permit for
screen enclosure, but not for the room that was built and had no inspection completed. The building
department gave them the option to come in and request a permit for the room addition. They performed
more work than what was requested with the current permit. The owner has had 60 days to come in
compliance. As of today's date the property is in non-compliance and Staff is requesting 30 days to come in
compliance, or be fined $150 per day.
Member Kelley, seconded by Vice-Chairman Carrington, moved that in Case #15-119, the respondent be
found in violation as cited as of November 9, 2015, and be given until February 15, 2016, to come in to
compliance or be fined$100 per day,for each day the violation remains in non-compliance.
Discussion ensued between the Board members on what is a reasonable time to give the property owner to
comply, in which they may need more time for architectural drawings to be completed.
Motion carried unanimously.
Case No. 15-123 Alacran's Pizzeria, LLC
750 S Bluford Avenue Sun Central Development, Inc. Officer Diaz
Violation Cited: 51-13
Observation: Installed commercial sign without required permits,plans,approval and inspections.
11/02/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/18/15
11/19/15 STATEMENT OF VIOLATIONS
11/19/15 NOTICE OF HEARING MEETING DATE: 01/26/16
11/19/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL
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Officer Diaz presented the case and gave its history that included exhibits for this case. The complaint came
from building department to obtain a permit for this commercial property, which is required to install a sign
on a commercial location. As of today, the property is in non-compliance, and the City is requesting 15 days
to come into compliance, or be fined $150 per day until it is brought in compliance.
Vice-Chairman Carrinkton, seconded by Member Hopper, moved that in Case #15-123, the respondent be
found in violation as cited as of November 16, 2015, and be given until February 10, 2016, to come in to
compliance, or be fined $150 per day that the violation remains in non-compliance. Motion carried 6-1,
with Member Osborne dissenting.
Case No. 15-126 Russell N Harper Officer Diaz
97 Deer Key Court
Violation Cited: 108-03(2), 115-3, 108-35, 51-13, 115-5
Observation: Attractive Nuisance, Property not secured no side door (door removed), neighbors concerned where squatters are
entering home. Police Officer Lee M. Stephens found possible squatters in the mobile home and the Condition of the house is
appalling. Structural damage, exposed electrical wires, open sewer pipes,plumbing missing, floor rotted and floor missing in and
throughout, skirting missing, miscellaneous trash and debris throughout mobile home. Over growth of plants and grass/weeds.
Conditions constituting an extreme life safety danger. Extremely Unsecured house: Attractive Nuisance.
ADDITIONAL INFORMATION: Property owner not monitoring and maintaining.
Remedial/Corrective Action(s): Demolish/Remove Extremely Unsecured house: Attractive Nuisance. Or Obtain required
permit(s)for Structural damage,Exterior doors and windows, exposed electrical wires, open sewer pipes,plumbing missing, floor
rotted and floor missing in back bedroom and roof from City of Ocoee building department. Submit any additional required items
as determined by the permitting and review process. Remove all miscellaneous junk/debris from property. Mow/cut tall weeds or
grass from front/back of property.
12/09/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE:
*IMMEDIATE ABATEMENT/SECURE
12/09/15 STATEMENT OF VIOLATIONS
12/09/15 NOTICE OF HEARING MEETING DATE: 01/26/16
12/09/15 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL
Officer Diaz received a complaint from the Ocoee Police Department of possible squatters, and found
exposed wires, miscellaneous trash and open sewer pipes around the property, with excessive weeds and
grass. This required an emergency abatement of the property, due to the public's safety. As of today, the
property owner has obtained a demolition permit for the structure. However, due to the health of the
gentleman who will be conducting the demolition of the trailer, he is requesting to have more time to bring
the property in to compliance. The City is requesting 60 days for property to be brought in to compliance, or
be fined $150 a day, and for the City to take action of the demolition. Staff is also requesting to have the
contractors cost and the current City abatement cost of$285 be added to the fine.
Member Kelley, seconded by Member Hopper, moved in Case #15-126, the respondent be found in
violation for codes 108-03(2), 115-3, 108-35, 51-13 and 115-5, as cited as of December 9, 2015, and be
given until February 12, 2016, to come in to compliance or be fined $100 per day, per violation for each
day the violations remain in non-compliance. Also to authorizes the City to receive the cost of abatement of
$285, and to further authorize demolition and removal to abate the property, and additional costs be added
to the fine. Motion carried unanimously.
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Case No. 15-127 Deannie L Nelson
712 Broadway Drive Federal National Officer Loeffler
Mortgage Assn.
Violation Cited: 115-3, 108-35, 115-5, 115-6, 165-3, 165-9
Observation: Unsecured open access to an in-ground swimming pool with black-green unsanitary water and mosquito larvae.
Overgrown, tall weeds and grass. Junk, debris, appliances littering property. Junk inoperable vehicle back, side yard. Conditions
constituting a dangerous public nuisance and a nuisance to the public health, safety and welfare warranting expedited emergency
abatement under the provisions of ordinance 108-42 and an expedited public hearing date under the provisions of 7-6 (D) of the
code.
Remedial/Corrective Action(s): Secure access to the in-ground swimming pool.
Mow/cut tall weeds and grass. Remove junk,trash, debris. Remove junk inoperable vehicle. Treat pool water to be clear, sanitary
and free of disease spreading mosquito larvae.
12/16/15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: EMERGENCY
ABATEMENT
12/16/15 STATEMENT OF VIOLATIONS
12/16/15 NOTICE OF HEARING MEETING DATE 01/26/2016
12/16/15 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL
12/16/15 PROOF OF NOTICE BY POSTING
Officer Loeffler presented the case and gave its history that included exhibits for this case. This property
was citizen complaints regarding black, green unsanitary water, with excess debris, as well as an inoperable
motor vehicle, and overgrown weeds and grass. This finding constitutes dangerous conditions and required
emergency abatement by the City. The front door was ajar upon arrival of the code officer, and the police
were called to investigate. Staff is requesting to give the property owner 30 days to comply, or to be fined
$100 per day and to add the cost of city abatement. The officer is asking for both provisions due to having
no confirmation of whether or not someone is residing in the house.
Vice-Chairman Carrington, seconded by Member Osborne, moved in Case #15-127, the respondent be
found in violation as cited as of December 16, 2015, and be given until February 3, 2016, to come in to
compliance or be fined $150 per day, per violation 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.
Case No. 16-002 Kyra R Criss
1219 Baranova Road Carl M Townsend Officer Loeffler
Violation Cited: 165-3 A, 168-6(1)
Observation: Untagged,expired tag, in-operable vehicle parked/stored upon unsurfaced front yard.
12/08//15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/12/16
01/14/16 STATEMENT OF VIOLATIONS
01/14/16 NOTICE OF HEARING MEETING DATE 01/26/2016
01/14/16 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL
Officer Loeffler presented the case and gave its history that included exhibits for this case. This property
contained an inoperable, dilapidated vehicle with an expired tag located in front yard. The vehicle is also
located on the unsurfaced front yard, with excessive weed and grass growth under vehicle. City is requesting
a compliance time of 10 days or be fined $50 per day.
Page 4
Member Hopper, seconded by Member Kelley, moved in Case #16-002, the respondent be found in
violation as cited as of December 23, 2015, and be given until February 5, 2016, 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.
Case No. 16-003 Maguire Investments, LLC
270 Maguire Road Vincent Wolle Officer Loeffler
Violation Cited: 115-3, 108-35, 59-3
Observation: Vacant wooded lot with homeless encampment and related trash,junk,and debris. Unsanitary living conditions without
sanitary water and waste water,trash removal. Prohibited camping. Conditions constituting a public nuisance.
12/18//15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/12/16
01/14/16 STATEMENT OF VIOLATIONS
01/14/16 NOTICE OF HEARING MEETING DATE 01/26/2016
01/14/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL
Officer Loeffler presented the case and gave its history that included exhibits for this case. This property
contained a homeless camping area in the vacant wooded lot. The officer was summoned to the location due
to complaints of trash and debris, and reports of people living in woods. Given the conditions, the City may
be required to order emergency abatement if necessary. The Ocoee Police Department had previously
warned the people residing on the property of the non-compliance. The owner of the property stated that he
would post no trespassing signs and is looking into a land clearing permit for developer interests. As of this
day, the property is still in non-compliance. The City is requesting 15 days to come in to compliance, or
have the owner be fined $100 a day, until removal of debris has been made.
Member Hopper, seconded by Vice-Chairman Carrington, moved in Case #16-003, the respondent be
found in violation as cited as of January 6, 2016, and be given until February 12, 2016, to come in to
compliance or be fined $50 per day, per violation, for each day the violations remain in non-compliance,
and authorize the City to abate the property and add the costs to the fine. Motion carried 5-2, with Member
Kelley dissenting.
Case No. 16-004 Carolyn A Farr 1/2 Int.
501 E Lakeshore Drive Credit Shelter 1/2 Int. Officer Loeffler
Violation Cited: 165-3 A
Observation: Untagged,expired tag,in-operable vehicle(silver SUV)front driveway.
12/08//15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/12/16
01/14/16 STATEMENT OF VIOLATIONS
01/14/16 NOTICE OF HEARING MEETING DATE 01/26/2016
01/14/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL
Officer Loeffler presented the case and gave its history that included exhibits for this case. The officer
responded to a complaint of an untagged, inoperable vehicle located in the driveway of the property. Staff is
requesting 15 days for the respondent to comply, or be fined $50 for every day it remains in non-
compliance.
Vice-Chairman Carrington, seconded by Member Kelley, moved in Case #16-004, the respondent be found
in violation as cited as of December 27, 2015, and be given until February 12, 2016, to come in to
compliance or be fined $50 per day, per violation, for each day the violations remain in non-compliance.
Motion carried unanimously.
Page 5
Case No. 16-005 James A Cardwell
428 Little Spring Hill Drive Officer Siegrist
Violation Cited: 115-3
Observation: Misc.trash/debris on property incl.one(1)very large pile
12/09//15 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/14/16
01/14/16 STATEMENT OF VIOLATIONS
01/14/16 NOTICE OF HEARING MEETING DATE 01/26/2016
01/14/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL
Officer Siegrist presented the case and gave its history that included exhibits for this case. This was a
citizen generated complaint regarding the occupied property containing trash and debris scattered outside,
and also in regards to one large debris pile. The officer gave the respondent an extension until January 11,
2016. As of today,the property is in compliance.
Member Kelley seconded by Member Hopper, moved in Case #16-005, the respondent be found in violation
as cited as of January 11, 2016, and be found in compliance as of January 26, 2016, and no fine to be
assessed at this time. Motion carried unanimously.
OTHER BUSINESS
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
11/24/15 COMPLIANCE ORDER FOUND IN COMPLIANCE AS OF
11/03/2015 OF CODES 165-3A. FOUND IN
VIOLATION AS CITED OF 11/3/15 FOR CODE
168-6B(1). TO COMPLY BY 12/04/15 OR FINE
OF $100.00 PER DAY, FOR EACH DAY
VIOLATION REMAINS IN NON COMPLIANCE.
12/09/15 AFFIDAVIT OF COMPLIANCE OFFICER LOEFFLER
Officer Loeffler reported there is an affidavit of compliance on file for the property.
No further action was required by the Board.
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.
Page 6
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
11/24/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF
10/16/15. TO COMPLY BY 12/08/15 OR FINE
OF $100.00 PER DAY PER VIOLATION,FOR
EACH DAY VIOLATION REMAINS IN NON
COMPLIANCE.
Officer Loeffler reported there is an affidavit of compliance on file for the property.
No further action was required by the Board.
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
11/24/15 COMPLIANCE ORDER FOUND IN VIOLALTION AS CITED AS OF
11/11/15 FOR 115-3 . TO COMPLY BY 12/04/15
OR FINE OF $100.00 PER DAY FOR EACH DAY
THE VIOLATION REMAINS IN NON COMPLIANCE.
Officer Loeffler reported there is an affidavit of compliance on file for the property.
No further action was required by the Board.
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
11/24/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED 11/11/15 FOR
115-3. TO COMPLY BY 12/04/15 OR FINE OF
$100.00 PER DAY, FOR AS LONG AS THE
VIOLATION REMAINS IN NON COMPLIANCE.
Page 7
Officer Loeffler reported there is an affidavit of non-compliance on file for the property.
Vice-Chairman Carrington, seconded by Member Kelley, moved to impose fine as of December 5, 2015.
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
11/24/15 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF
11-11-15. TO COMPLY BY 12/11/15 OR FINE
OF $100.00 PER DAY, PER VIOLATION AS LONG
AS REMAINS IN NON COMPLIANCE.
AUTHORIZE CITY TO ABATE BOTH CODES AND
ADD COSTS TO FINE.
Officer Loeffler reported there is an affidavit of non-compliance on file for the property.
Vice-Chairman Carrington, seconded by Member Kelley, moved to impose fine as of December 12, 2015.
Motion carried unanimously.
COMMENTS
Member Hopper inquires about the amnesty code reductions that were brought forward at the most recent
City Commission meeting.
ADJOURNMENT
Meeting adjourned at 8:02 p.m.
AT EST- APP • ED: AO
4 /� ,
_ Iii
Nichole i eRie w , EB Recor.' g Clerk a ell 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.
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