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Home My WebLink About06-28-2016 Minutes CODE ENFORCEMENT BOARD MINUTES June 28,2016 CALL TO ORDER Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 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, Blynder and Osborne. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Diaz, Edward Loeffler, Theresa Rodriguez and Bob Siegrist; 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 May 24, 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 16-046 Gloria Pate 2340 Alclobe Circle Nels Pate C. Order of Continuance (July 26, 2016, Meeting). Case Number Respondent Location of Violation 16-063 Lois Benaglio 220 W Ohio Street Vice-Chairman Carrington, seconded by Member Kelley, 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,,ORE—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. 16-052 Charlene M Mccrea 1213 Freedom Court Deutsche Bank National Trust Officer Loeffler Violation Cited: 115-3, 108-35, 108-24D, 108-19A, C, D, F(c)(d), 108-22, 108-23J Observation: Occupancy in-violation of Minimum Housing Standards. Misc. junk, trash, debris, furniture, appliance, equipment littering property. Broken window glass, no water or electrical utility connection resulting in unsanitary and unsafe conditions. All conditions constituting a Public Nuisance and nuisance to the health safety and welfare of the public,the occupants,the neighborhood and the overall City. 05/25/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/16/16 06/16/16 STATEMENT OF VIOLATIONS 06/16/16 NOTICE OF HEARING MEETING DATE 06/28/16 06/16/16 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was a citizen complaint regarding hazardous conditions of broken windows, trash and debris located on this occupied property. This property is reported to have no electricity or running water, has a tent set up that is being occupied. The neighbors have reported drug activity. It is unknown if occupancy has been discontinued, and the owner of the property is deceased. The City is requesting a revision to abate the property to fix the windows and clean up the trash and debris, as well as assess a fine of$100 a day until the property is brought into compliance. Member Kelley, seconded by Member Odom, moved that in Case #16-052, the respondent be found in violation as cited as of June 14, 2016, and be given until July 15, 2016, to come into compliance, or be fined $100 per day, per violation for as long as the violation remains in non-compliance, and to further authorize the City to abate the Code Violations 108-35 and 108-23J, and the cost be added to the fine. Motion carried unanimously. Page 2 Case No. 16-051 G and J Investing Group, INC. 6712 Lumber Jack Lane Officer Siegrist Violation Cited: 115-6, 108-23Q Observation: Dirty swimming pool water. Fence in poor condition. 06/08/16 STATEMENT OF VIOLATIONS 06/08/16 NOTICE OF HEARING MEETING DATE 06/28/16 06/08/16 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Siegrist presented the case and gave its history, provided exhibits. This was a citizen complaint regarding an occupied property with a dirty swimming pool and broken fence. The Officer allowed the owner to have until June 6, 2016, to correct the violation. The City is requesting 10-day compliance time, or to be fined $100 per day, per violation until the property is brought into compliance. Member Hopper, seconded by Member Osborne, moved that in Case #16-051, the respondent be found in violation as cited as of June 6, 2016, and be given until July 8, 2016, to come into compliance, or be fined $50 per day, per violation for as long as the violation remains in non-compliance. Motion carried 5-2, with Members Kelley and Blunder dissenting. Case No. 16-056 Pedro Camacho 900 Starke Lake Circle Joaquin Pompa Officer Rodriguez Violation Cited: 165-4A,B(1)(a)(b)(2),C,D Observation:Trailer parked on front of property.Untagged/Expired Tag/Inoperable Vehicle on the property. 05/12/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 05/31/16 06/01/16 STATEMENT OF VIOLATIONS 06/01/16 NOTICE OF HEARING MEETING DATE 06/28/16 06/01/16 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Rodriguez presented the case and gave its history. This was a citizen complaint regarding an untagged vehicle parked in front of property, as well as a trailer parked on the side of the house. On May 31, 2016, the property is currently in compliance for two of the Code Violations 158-6c, 115-1, but not in compliance, for Code Violation 165-4. The City is requesting a compliance time of 7 days or be fined $50 per day. Member Hopper, seconded by Vice-Chairman Carrington, moved that in Case #16-056, the respondent be found in violation as cited as of May 30, 2016, and be given until July 8, 2016, to come into compliance, or be fined$100 per day, per violation for as long as the violation remains in non-compliance. Motion carried 6-1, with Member Kelley dissenting. Page 3 Case No. 16-059 Joel & Jesse Rodriguez 1260 Russell Drive Officer Loeffler Violation Cited: 115-3, 108-24D, 168-6B(1) Observation: Scrap metal, junk, debris, old furniture, parts, equipment, old appliances littering side yards, back yard and driveway. Overgrown tall weeds and grass in and around the above described items. Makeshift prohibited front side yard fence attempting to block view of above described conditions.Parking upon unsurfaced unimproved portion of yard grass. Conditions constituting a public nuisance and nuisance to the health,safety and welfare of the community and changing the character of a residential area. 06/02/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/17/16 06/17/16 STATEMENT OF VIOLATIONS 06/17/16 NOTICE OF HEARING MEETING DATE 06/28/16 06/17/16 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was a citizen complaint regarding tall weeds and grass, as well as debris and trash scattered about the property with a partition in front of the debris, as well as a vehicle parked on an unsurfaced part of grass. All conditions are considered public nuisances; however, the residents are elderly and would need some additional time to rectify the violations. The City is requesting a 30-day compliance time or be fined $50 per day. Member Osborne, seconded by Member Hopper, moved that in Case #16-059, the respondent be found in violation as cited for code violations 115-3, 108-24D, 168-6b(1) as of June 17, 2016, and be given until July 16, 2016, to come into compliance, or be fined $50 per day, per violation for as long as the violation remains in non-compliance. Motion fails 3-4, with Chairman Lowery, Vice-Chairman Carrint"ton, and Members Kelley and Blynder dissenting. Member Odom, seconded by Member Kelley, moved that in Case #16-059, the respondent be found in violation as cited for code violations 115-3, 108-24D, 168-6b1 as of June 17, 2016, and be given until July 30, 2016, to come into compliance, or be fined $50 per day, per violation for as long as the violation remains in non-compliance. Motion carries 6-1 with Member Osborne dissenting. Case No. 16-060 John Mackey 2000 Nancy Ann Terrace Officer Loeffler Violation Cited: 115-5, 115-3 Observation: Overgrown/tall weeds and grass. Misc.junk,containers,tools littering car-port driveway area. 05/06/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/15/16 06/15/16 STATEMENT OF VIOLATIONS 06/15/16 NOTICE OF HEARING MEETING DATE 06/28/16 06/15/16 ALL DOCUMENTS SENT BY REG &CERTIFIED MAIL Officer Loeffler presented the case and gave its history. The Officer responded to a citizen-generated complaint regarding a vacant home that contained junk and debris, miscellaneous tools and parts located in the driveway of the property, as well as tall weeds and grass. The City has requested a compliance time of 5 days, or to be fined $50 per day, with a provision for the City to abatement the property of the tall weeds and grass. Page 4 Vice-Chairman Carrington, seconded by Member Kelley, moved that in Case #16-060, the respondent be found in violation as cited as of May 20, 2016, and be given until July 8, 2016, to come into compliance, or be fined $50 per day, per violation for as long as the violation remains in non-compliance, and to further authorize the City to abate the property, and the cost be added to the fine. Motion carried unanimously. OTHER BUSINESS Case No. 16-040 Sharon Ann Graham Nelson 1400 Wanda Street Teena Marie Graham Price Officer Rodriguez Violation Cited: 165-4A,B (1)(a),(b)(2)C,D Observation: Inoperable vehicle on the property not been moved for more than 48 hours. 03/24/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/12/16 04/12/16 STATEMENT OF VIOLATIONS 04/12/16 NOTICE OF HEARING MEETING DATE 04/26/16 04/12/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL 04/14/16 PROOF OF NOTICE BY POSTING 04/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 04/08/16. TO COMPLY BY 05/31/2016 OR FINE OF $25.00 PER DAY UNTIL COMPLIED. Officer Rodriguez reported there is an affidavit of compliance on file for the property. No further action was required by the Board. Case No. 16-044 Romo De Vivar Liam 1900 Adair Street Officer Loeffler Violation Cited: L.D.C. 5-4, Observation: shrub/landscape growth along easement with Adair Street blocking motorist,bike and pedestrian safe triangle of sight view. 04/01/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 05/12/16 05/12/16 STATEMENT OF VIOLATIONS 05/12/16 NOTICE OF HEARING MEETING DATE 05/24/16 05/12/16 ALL DOCUMENTS SENT BY REG & CERTIFIED MAIL 05/24/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 04/14/16 TO COMPLY BY 06/03/16 OR FINE OF $100.00 PER DAY AS LONG AS THE VIOLATION REMAINS IN NON-COMPLIANCE. 05/25/16 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. Page 5 COMMENTS Assistant Support Services Director Gaines discussed the Board's availability to meet for the training course with Board Attorney Sneed, and the option to continue cases to the following month to ensure they can meet after 8 p.m. at the next meeting in July. ADJOURNMENT Meeting adjourned at 7:55 p.m. ATT S • 'r • D: Nichol: DeRieM, CE: Recording 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 6