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Home My WebLink About02-23-2016 Minutes CODE ENFORCEMENT BOARD MINUTES February 23,2016 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. Member Hopper gave the invocation, and Member Odom led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Lowery, Members Kelley, Odom, Hopper and Osborne. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado, Edward Loeffler, and Bob Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Nichole DeRienzo. ABSENT: Vice-Chairman Carrington& Member Blynder. 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 January 26, 2016, 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 16-009 Erik Velazquez 1332 Olympia Park Circle 16-010 Demerick Dunlap 5010 Log Wagon Rd C. Order of Continuance (February 22, 2016, Meeting). Case Number Respondent Location of Violation 16-007 Charter OC Ocoee LLC 1475 E Silver Star Road ESJ Capital Partners LLC Member Hopper, 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,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 Member Kelley, seconded by Member Hopper, moved that Cases #15-123 be moved to the beginning of the agenda and then revert back to the original agenda. 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 Officer Diaz presented the case and explained there is an affidavit on file of compliance; however, the owner still owes the City $150 for the days this property was in non-compliance. Adela Sanchez, property owner, explains there was a misunderstanding with their contractor, and was misinformed by him. They are willing to pay any fees that are owed the City. Member Osborne, seconded by Member Hopper, moved that in Case #15-123, the respondent be found in compliance as of February 12, 2016, and no fine to be assessed at this time. Motion carried unanimously. Case No. 16-008 Jeffrey Donald Harris 672 Veronica Circle Champs Auto Sales Inc. Officer Loeffler Violation Cited: 45-13A (1)(2)(3), 143-9.1.0 Observation: Tree removal without required approval/issued permit. Unpaid bulk removal fee. 01/11/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/11/16 02/11/16 STATEMENT OF VIOLATIONS 02/11/16 NOTICE OF HEARING MEETING DATE: 02/23/16 02/11/16 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Loeffler presented the case and gave its history that included exhibits for this case. The complaint was received by the City's Public Works Department that this was an unpermitted tree removal, with no efforts made to obtain the permit for the removal. Staff requested 15 days to come into compliance or respondent be charged $50 a day until the permit is obtained. Page 2 Member Osborne, seconded by Member Kelley, moved that in Case #16-008, the respondent be found in violation as cited as of January 27, 2016, and be given until March 11, 2016, to come into compliance, or be fined$50 per day, per violation,for each day the violations remain in non-compliance. Motion carried unanimously. OTHER BUSINESS 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 01/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 10/10/15. TO COMPLY BY 02/15/16 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE Officer Siegrist reported there is an affidavit of compliance on file for the property. No further action was required by the Board. 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 Page 3 01/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 12/09/15. TO COMPLY BY 02/12/16 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. ALSO TO INCLUDE $285.00 CURRENT ABATEMENT FEES TO FINE. AUTHORIZING CITY TO ABATE THE PROPERTY VIOLATION COMPLETELY IE.; DEMOLITION AND REMOVAL OF ABATED PROPERTY AND ADD COSTS TO FINE AS WELL, IF PROPERTY DOES NOT COME INTO COMPLIANCE AS ORDERED. Officer Diaz reported there is an affidavit of non-compliance on file for the property. Member Hopper, seconded by Member Kelley, moved to impose fine as of February 13, 2016. Motion carried unanimously. 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 01/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 12/16/15. TO COMPLY BY 2/03/15 OR FINE OF $150.00 PER DAY,PER VIOLATION. AUTHORIZE CITY TO DO EMERGENCY ABATEMENT OF THE PUBLIC HEALTH NUISANCE PROPERTY VIOLATIONS AND ADD COSTS TO FINE. Officer Loeffler reported there is an affidavit of non-compliance on file for the property and requires abatement by the City. Member Kelley, seconded by Member Hopper, moved to impose fine as of February 4, 2016. Motion carried unanimously. Page 4 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 01/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 01/06/16. TO COMPLY BY 02/12/16 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE THE PROPERTY IF NEEDED AND ADD COSTS TO FINE. Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the Board. COMMENTS None. ADJOURNMENT Meeting adjourned at 7:20 p.m. ATTEST: APP' • ED: `riVArA ii A ..� Nichole DeRienzo, CEB Recording Clerk Darrel 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