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Home My WebLink About03-22-2016 Minutes CODE ENFORCEMENT BOARD MINUTES March 22,2016 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 Kelley 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 February 23, 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 16-007 Charter OC Ocoee LLC 1475 E Silver Star Road ESJ Capital Partners C. Order of Continuance (April 22, 2016, Meeting). Case Number Respondent Location of Violation Member Kelley, seconded by Member Hopper, 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 Member Kelley, seconded by Member Hopper, moved that Cases #16-014 be moved to the beginning of the agenda and then revert back to the original agenda. Motion carried unanimously. Case No. 16-014 Erika Y Ortiz 1223 Blue Spring Court Victor H Herrera Officer Siegrist Violation Cited: 51-13 Observation: Work without permit.New structure/slab(garage/shed)on northeast corner of backyard property. 02/24/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03/09/16 03/10/16 STATEMENT OF VIOLATIONS 03/10/16 NOTICE OF HEARING MEETING DATE 03/22/16 03/10/16 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Siegrist presented the case and gave its history. This was a citizen complaint regarding an occupied residence. Officer provided exhibits that displayed a new structure in the corner of the back yard, which was completed without a permit. The respondent had submitted a request for the permit and was previously denied by the Building Department. The setbacks do not currently meet code for the zoning review. Other citizen complaints were that they feel there may be people living in the structure. Staff requested 30 days to comply or be fined $100 per day until the violation is brought into compliance. Speaker required a translator. Victor Herrera, property owner, explains the existing garage was falling apart, so he went ahead and replaced it. There was a pre-existing slab of concrete that he added some additional concrete to in order to complete the foundation of the shed. Respondent is requesting an extension of 30 days to request a permit. Member Hopper, seconded by Member Kelley, moved that in Case #16-014, the respondent be found in violation as cited as of March 8, 2016, and be given until April 30, 2016, to come into compliance, or be fined $150 per day, for as long as the violation remains in non-compliance. Motion carried 4-1, with Member Odom dissenting. Page 2 --- Case No. 16-011 Skytop Grove LTD 361 Maine Street Officer Diaz Violation Cited: 115-3 Observation: Miscellaneous junk/debris on property.Jacuzzi trash and debris throughout yard front and back. 01/19/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/16/16 02/17/16 STATEMENT OF VIOLATIONS 02/17/16 NOTICE OF HEARING MEETING DATE 03/22/16 02/17/16 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL Officer Diaz presented the case and gave its history that included exhibits for this case. This was a multiple citizen generated complaint regarding an occupied property having trash and miscellaneous debris throughout the front and back yard, which included an old Jacuzzi, plumbing pipes, pallets, and an inoperable vehicle and tires. Staff is requesting 7 days to comply or per fined $100 per day until the property is in compliance. Member Hopper, seconded by Member Osborne, moved that in Case #16-011, the respondent be found in violation as cited as of February 9, 2016, and be given until March 31, 2016, to come into compliance, or be fined$150 per day,for as long as the violation remains in non-compliance. Motion carried unanimously. Case No. 16-012 Dana L Nielsen 716 Kelly's Cove Officer Loeffler Violation Cited: ARTICLE IV 108-35, 115-3 Observation: Conditions constituting a nuisance to the public health, safety and welfare. On-going, irreversibly already occurred and prior history of activity and conditions that endanger the health, safety and welfare of the neighborhood, the residents and general public effecting the overall welfare of the city and changing the safe character of a residential area. The use, sale of, abuse and storage of heroin and methamphetamines, misc.junk, debris and trash littering the property, broken window glass,tall weeds and grass, inoperable and missing smoke detectors, unnavigable blocked garage passage and egress and a back fence gate opening to Florida Central Railroad habitually used by foot and bike traffic engaged in the purchasing and use of heroin and methamphetamines. All conditions presenting a nuisance to the public health, safety and welfare and creating a blighted effect upon the neighborhood and the city. SPECIFIC TO THIS VIOLATION NOTICE: Ocoee Ordinances 108-3 define a Public Nuisance as(1)any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of Florida or ordinances of the City of Ocoee. Florida Statute 823.10: Places where controlled substances are illegally kept, sold, or used declared a public nuisance. 03/09/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/11/16 03/09/16 STATEMENT OF VIOLATIONS 03/09/16 NOTICE OF HEARING MEETING DATE 3/23/16 03/09/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Loeffler presented the case and gave its history. Ocoee Police Department and Code Enforcement Officers were summoned to this property several times. The officers examined tall weeds and grass as well as junk and debris littering the property with several broken windows on the house. There was a report of a man on bicycle that was seen coming into the backyard by the open fence, and proceeded to buy drugs at the property location. The Drug Task Force was able to apprehend the individual and confiscated the drug possessions. This is declared as a public nuisance that is ongoing and jeopardizes the safety of the other residents. Residents of the community deem the ongoing nuisance with the property changes the character of the neighborhood in a negative manner. The utilities on the property had been red tagged and disconnected due to non-payment. All visible violations would need to be brought into compliance Page 3 immediately, and the City is recommending an immediate daily-set fine until property is brought into compliance. Michelle Grogan, a Detective from the Ocoee Police Department, speaks regarding the ongoing issues that have been happening since 2009. The Detective discusses all of the citizen complaints regarding this property, as well as their safety concerns. She states that this house has contributed to a growing epidemic of drug contributions and advises the Board that the residents are living in fear for their community as this ongoing nuisance continues. Board Attorney Mary Sneed explains the Board has limitations to authorize any demolition towards any occupied property. Demolition permits will need to be researched, and would have to be revisited if this action is taken into consideration. Member Osborne, seconded by Member Odom, moved that in Case #16-012, the respondent be found in violation for codes ARTICLE IV 108-35, 115-3, as cited as of March 2, 2016, and to order an immediate compliance time, with an immediate fine of$250 per day,per violation,for as long as the violation remains in non-compliance; and to further authorize the City to take whatever legal action necessary to secure the property, and add all costs of abatement to the fine. Motion carried unanimously. Case No. 16-013 Eduardo Valencia 1203 Kimball Avenue Sara Valencia Officer Loeffler Violation Cited: 108-19A, 115-3, ARTICLE IV 108-35 Observation: Unsanitary public nuisance to the public health, safety and welfare; Inoperable septic waste water system; household, human waste and fecal matter emptied from buckets onto rear yard. Septic tank covered only with thin plywood emitting a strong human waste odor. Clothes washer waste plumbing not connected to waste-water septic system; flexible drain pipe runs to other side of back yard into utility easement along Dollar General's perimeter wall. All conditions constituting a nuisance to the public health, safety and welfare; an active nuisance observed in-progress and already occurred in an irreversible manner. 03/09/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: NONE 03/09/16 STATEMENT OF VIOLATIONS 03/09/16 NOTICE OF HEARING MEETING DATE 3/23/16 03/09/16 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was due to numerous citizen complaints regarding buckets of human waste being disposed, as well as several reports of a strong odor coming from the property. The officer provided exhibits of the hazardous conditions, which included buckets containing human waste, an open septic tank covered by a thin piece of plywood and open drain pipes. The property owner was disposing the buckets over the back fence onto a commercial property, which is the Family Dollar. The officer stated that the owner explained the septic of the house had not been working. Regardless, this is an unsanitary public nuisance and Orange County Health Department was notified. Staff is requesting a compliance time of 7 days or be fined $100 a day, per violation. Member Kelley moved that in Case #16-013, the respondent be found in violation for codes ARTICLE IV 108-35, 115-3, and 108-19A, as cited as of March 8, 2016, and be given until March 25, 2016, to come into compliance, or be fined$100 per day,for as long as the violation remains in non-compliance. Motion died due to lack of second. Page 4 Member Osborne, seconded by Member Hopper, moved that in Case #16-013, the respondent be found in violation for codes ARTICLE IV 108-35, 115-3, and 108-19A, as cited as of March 8, 2016, and to order an immediate compliance time, with an immediate fine of$250 per day, per violation, for as long as the violation remains in non-compliance: and to further authorize the City to take whatever legal action necessary to secure the property, and add all costs of abatement to the fine. Motion carried 4-1, with Member Kelley dissenting. RECESS Meeting recessed at 7:58 p.m. Chairman Lowery requests to re-open case #16-012, as the Board was unaware the owner was present for the case. Member Kelley, seconded by Member Odom, moved to re-hear Case #16-012, to allow the owner the opportunity to speak on this case. Motion carried 4-1 with Member Hopper dissenting. Dana Nielsen, owner of the property, explained that her son is in jail and this should have rectified the situation that was taking place on the property. She had to recently legally evict a tenant due to drug issues, and states this has not had an impact on the neighborhood kids playing outside. Mrs. Nielsen believes these accusations are inaccurate, and also confirms the fence has been fixed, and they are currently working hard on cleaning up the yard of the property. The respondent states she has only received one notice regarding the violation, and she is unable to afford to pay these daily fines for the accruing violations. Chairman Lowery states that members are able to revisit the motion if the Board wishes. Member Kelley, seconded by Member Hopper, moves to close Case #16-012 for discussion. Motion carried. Case No. 16-015 Salvador Medina 1404 Lukay Street Officer Loeffler Violation Cited: 168-6 B(1) Observation: Multiple vehicles parked/stored upon unsurfaced lawn areas behind home along Flewelling Ave. 02/04/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03/09/16 03/10/16 STATEMENT OF VIOLATIONS 03/10/16 NOTICE OF HEARING MEETING DATE 3/23/16 03/10/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was a citizen generated complaint regarding vehicles parking on the unsurfaced yard off of the road, and not in the driveway of the property. Officer displays exhibits of 3 vehicles parking on grass. Property remains in non-compliance. Staff is requesting a compliance time of 7 days, or a fine of$50 per day until violation is brought into compliance. Page 5 Member Odom, seconded by Member Hopper, moved that in Case #16-015, the respondent be found in violation as cited as of February 19, 2016, and be given until March 30, 2016, to come into compliance, or be fined$50 per day,for as long as the violation remains in non-compliance. Motion carried unanimously. OTHER BUSINESS 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 reported there is an affidavit of non-compliance on file for the property. Member Osborne, seconded by Member Hopper, moved to impose fine as of February 12, 2016. Motion carried unanimously. COMMENTS Member Hopper congratulates Mayor Johnson and Commissioner Firstner, and acknowledges the terrorist attacks in Belgium. Member Osborne thanks Board Attorney Mary Sneed for interjecting her legal knowledge to help assist the citizens and Board members. ADJOURNMENT Meeting adjourned at 8:23 p.m. ATT ST: APP' 4 D: 4111. JW "Z' ce,4(t ..' Nichol- I eRi* , CEB 'ecording Clerk P arre 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 -