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HomeMy WebLinkAbout09-26-2006 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING September 26, 2006 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:07 p.m. in the Commission Chambers at City Hall. Alternate Member Lowery led the Invocation and Member Ballard led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice Chair Chancey, Members Ballard, M. Godek, Stanley and Alternate Member Lowery. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officers Braddy-Bagwell, Rodriguez, and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Members Hopper and Morton were absent excused. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Braddy- Bagwell, Loeffler, Rodriguez, Siegrist, and anyone intending to speak regarding a case. CONSENT AGENDA ALL MATIERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED 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. The Consent Agenda consisted of approval of Items A, B, and C. *Note: Consent Agenda was amended. A. B. Minutes of the August 22, 2006, Code Enforcement Board Meeting Dismissal or Compliance. (Case Numbers 06-093, 06-095, and 06-114 transferred to Consent). Case Number Respondent 1. 06-093 Demerick Dunlap 2.06-095 Karen Barton 3.06-105 David Owen Rivard 4. 06-106 Anthony Cristelli 5. 06-108 Crums Climate Control Inc. 6.06-113 Wilnel & Georgette Telsaint 7. 06-114 Carlos A. Quant were Location of Violation 5010 Log Wagon Rd 1512 Maureen Ave 1215 Little Spring Hill 2011 Lady Avenue 702 Sullivan Ave 201 Olympus Drive 508 Spring Lake Cir Code Enforcement Board Minutes September 26, 2006 C. Order of Continuance (October 24,2006, Meeting) (Case Nos. 06-101, 06-107, 06- 112, 06-119, and 06-120 were transferred to Consent). Case Number Respondent 1. 06-101 Thomas & Lanice Harden 2.06-107 Jason M. Posten 3.06-112 Geronimo Trevino Jr. & Carolyn Sinclair 4. 06-119 Tiago Morelli 5.06-120 Deina M. Reed Location of Violation 513 Water Way 413 Caballero Road 325 Northern Durango 510 Hager Drive 1984 Applegate Drive Vice Chair Chancer. seconded bv Member Ballard. moved to approve the Consent AJlenda with the amendments presented bv Staff Motion carried unanimouslv. COMMENTS FROM CITIZENS None Vice Chair Chancer. seconded bv Member M. Godek. moved to chanJle the order of the agenda bv having cases 06-109. 06-110. and 06-097 heard first. Motion carried unanimouslv. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARJOUS 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 HEARJNG, NS-No Service, OAF - ORDER AUTHORJZING 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 - PROOF OF SERVICE, 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. 06-109- Crums Climate Control, Inc. 535 Safeharbour Drive Violation Cited: 105.4; 51-128 G (3) (a) (b) 08-11-06 NOCV Re-Inspection Date: 08-28-06 08-28-06 SOV 08-28-06 NOH 08-28-06 POS 09-07-06 POS Observation: Failure to obtain inspection fee of$25.00. Officer T. Braddy-Bagwell Meeting Date: 09-26-06 Certified Mail Certified Mail any required inspections for AlC change out, permit #052550 and failed Page 2 of 11 Code Enforcement Board Minutes September 26, 2006 Officer T. Braddy-Bagwell announced the property was in compliance as of September 20, 2006, and the City wishes no further action on the case. Member Stan lev, seconded bv Vice Chair Chancev. moved in Case No. 06-109 to be dismissed at the request of the Citv. Motion carried unanimouslv. Case No. 06-110 - Crums Climate Control, Inc. 610 Sherwood Oaks Circle Officer T. Braddy-Bagwell Violation Cited: 105.4 08-11-06 NOCV Re-Inspection Date: 08-28-06 08-28-06 SOY 08-28-06 NOH Meeting Date: 09-26-06 08-28-06 POS Certified Mail 09-07-06 POS Certified Mail Observation: Failure to obtain any required inspections for Ale change out, permit #0503083. Officer T. Braddy-Bagwell gave a detailed history of the case. Mr. Tice, Crums Climate Control Representative stated they did receive the notices from the City; unfortunately they failed to check and see if the work had been done. He further stated he has contacted the homeowners and they have several issues to address but if allowed two weeks they can get the issues completed. Vice Chair Chancev. seconded bv Member Stan lev. moved in Case No. 06-110 to extend the compliance date to October 10. 2006. Motion rescinded bv Vice Chair Chan cev. No vote taken. Vice Chair Chan cev. seconded bv Member M. Godek. moved in Case No. 06-110 to find the respondent in violation as cited as of August 21.2006. and be given until October 10.2006. to come into compliance or be fined $50/per dav thereafter. Motion carried unanimouslv. Case No. 06-097 - Crums Climate Control, Inc. 712 Broadway Drive Violation Cited: 105.4 06-30-06 NOCV 08-10-06 SOY 08-10-06 NOH 08-10-06 POS 08-22-06 CO 09-05-06 ANC Observation: Failure to obtain any required inspections for AlC change out, permit #0502709, issued 09/12/05. Officer T. Braddy-Bagwell Re-Inspection Date: 08-08-06 Meeting Date: 08-22-06 Certified Mail Given until 09-01-06 or pay $100.00 per day Officer T. Braddy-Bagwell gave a detailed history of the case and announced on September Page 3 of 11 Code Enforcement Board Minutes September 26, 2006 19,2006, an affidavit of compliance was issued; however, a fine of $1700.00 is still due to the City. Chairman Godek informed Mr. Tice that if he would like to have his fine reduced he will need to file paperwork for a reduction of fine with the Board Clerk. Member Stan lev. seconded hv Member M. Godek. moved in Case No. 06-097 to continue case to the October 24. 2006. Code Enforcement Board Meeting. Motion carried unanimouslv. Case No. 06-078 - James Miller 1408 Wanda Street Violation Cited: 115-5 07-06-06 NOCV Re-Inspection Date: 07-21-06 07-27-06 SOV 07-27-06 NOH Meeting Date: 08-22-06 07-31-06 POS Certified Mail 08-03-06 POS Regular Mail 08-03-06 POS Posting 08-22-06 CO Order of Continuance 08-25-06 NOH Meeting Date: 09-26-06 08-25-06 POS Certified Mail 09-07-06 POS Regular Mail 09-07-06 POS Posting Observation: Tall weeds/grass front and back property. Officer Rodriguez Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property was in non-compliance as of September 26, 2006. The owner Mr. James Miller is deceased and his daughter is not interested in the property for she is a minor. Officer Loeffler stated they have done several searches for probate action and have not found any evidence of such action at this time. Member Ballard. seconded bv Member Stan lev. moved in Case No. 06-078 to find the respondent in violation as cited as of Julv 20. 2006. and be $liven until October 10. 2006. to come into compliance or be fined $50/per dav thereafter. Motion carried unanimouslv. Case No. 06-082 - Edgardo and Natalie A. Caruso 409 Little Spring Hill Drive Violation Cited: 115-5; 115-3; 108-24 07-11-06 NOCV Re-Inspection Date: 07-26-06 08-02-06 SOY 08-02-06 NOH 08-02-06 POS 08-03-06 POS 08-03-06 POS 08-22-06 CO 08-25-06 NOH Officer Rodriguez Meeting Date: 08-22-06 Certified Mail Regular Mail Posting Order of Continuance Meeting Date: 09-26-06 Page 4 of 11 Code Enforcement Board Minutes September 26, 2006 08-25-06 POS Certified Mail 09-07-06 POS Regular Mail 09-07-06 POS Posting Observation: Tall weeds/grass front yard and back property. Miscellaneous junk, debris, and door. Pod storage/container on front of property. Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property was in compliance as of September 26, 2006. Member M. Godek. seconded bv Alternate Member Lowerv. moved in Case No. 06-082 to find the respondent in violation as cited as of Julv 25. 2006. but in compliance as of Seotember 26. 2006. and no fine be assessed. Motion carried unanimous Iv. Case No. 06-092 - Philip A. Guadagno 902 Keaton Parkway Officer Rodriguez Violation Cited: 165-3; 115-3 07-21-06 NOCV Re-Inspection Date: 08-09-06 08-09-06 SOY 08-09-06 NOH Meeting Date: 08-22-06 08-09-06 POS Certified Mail 08-22-06 CO Order of Continuance 08-25-06 NOH Meeting Date: 09-26-06 08-25-06 POS Certified Mail 09-07-06 POS Regular Mail 09-07-06 POS Posting Observation: Untaged/expired tag or inoperable vehicle on front of property. Miscellaneous junk, debris, car equipment (motor) on front of property. Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property is in compliance as of September 26, 2006. Alternate Member Lowerv. seconded bv Member M. Godek. moved in Case No. 06-092 to find the respondent in violation as cited as of August 4. 2006. but in compliance as of September 26. 2006, and no fine be assessed. Motion carried unanimous Iv. Case No. 06-102 - Aluminum & More Inc. & Carolyn B. Mitchell TR. 332 Maguire Road Officer Siegrist Violation Cited: 115-3; 51-13 08-09-06 NOCV Re-Inspection Date: 08-25-06 08-25-06 SOV 08-25-06 NOH Meeting Date: 09-26-06 08-25-06 POS Certified Mail Observation: Fence without permit (Aluminum & More): and miscellaneous trash and debris, including dumpster placed on adjoining property near retention pond. Page 5 of 11 Code Enforcement Board Minutes September 26, 2006 Officer Siegrist gave a detailed history of the case and presented exhibits. He further announced the respondent has applied for a fence permit but has not obtained it so as of September 26, 2006, the respondent is in non-compliance. Member Ballard. seconded bv Member Stan lev. moved in Case No. 06-102 to find the respondent in violation as cited as of August 24. 2006. and be given until October 10. 2006, to come into compliance or be fined $100/per dav thereafter. Motion carried unanimouslv. Case No. 06-103 - Denver R. Harper & Emmett Harper 416 Ocoee Hills Road Violation Cited: 115-3; LDC 6-4 H 5 (a&b) 08-25-06 NOCV Re-Inspection Date: 08-22-06 08-25-06 SOV 08-25-06 NOH Meeting Date: 09-26-06 08-25-06 POS Certified Mail 09-12-06 POS Regular Mail 09-12-06 POS Posting Observation: Lot with overgrown grass/weeds. Officer Rodriguez Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property was a repeat violation and had come into compliance on August 4, 2006; however a fine of $1300.00 is still due to the City and the property is in violation again. Vice Chair Chancev. seconded bv Member Ballrd. moved in Case No. 06-103 to find the respondent in violation as a repeat violator as cited as of August 22. 2006. and to be imposed a fine of$250.00/per dav effective August 22.2006. Motion carried unanimouslv. Case No. 06-104 - Hazel Godfrey 2082 Cassinghaffi Circle Violation Cited: 115-5 08-25-06 NOCV Re-Inspection Date: 08-18-06 08-25-06 SOV 08-25-06 NOH Meeting Date: 09-26-06 08-29-06 POS Certified Mail 09-12-06 POS Regular Mail 09-15-06 POS Posting Observation: Tall weeds/grass on front and back of property. Officer Rodriguez Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property was in compliance as of September 26, 2006. Member M. Godek. seconded bv Member Ballrd. moved in Case No. 06-104 to find the respondent in violation as cited as of August 13. 2006. but in compliance as of September 26. Page 6 of 11 Code Enforcement Board Minutes September 26, 2006 2006. and no fine be assessed. Motion carried unanimouslv. Case No. 06-111- Deina M. Reed 1984 Applegate Drive Violation Cited: 115-5 07-31-06 NOCV Re-Inspection Date: 08-15-06 08-29-06 SOV 08-29-06 NOH Meeting Date: 09-26-06 08-29-06 POS Certified Mail 09-12-06 POS Regular Mail 09-13-06 POS Posting Observation: Tall weeds/grass front and back property. Officer Rodriguez Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property was in non-compliance as of September 26, 2006. Vice Chair Chancey inquired if the grass had been measured since he finds it hard to believe by looking at the exhibits that the grass was over 10" high. Officer Rodriguez stated she did not measure it with a ruler. Officer Loeffler stated if they look closely at the exhibit it shows the grass is higher then the wheels on the garbage bin. Member Ballard. seconded bv Alternate Member Lowerv. moved in Case No. 06-111 to find the respondent in violation as cited as of August 14. 2006. and be given until October 10. 2006. to come into compliance or be fined $100/per dav thereafter. Motion carried unanimous Iv. Recess 7:58 - 8:10 p.m. Case No. 06-115 - Joseph M. Bandur 505 Spring Lake Circle Violation Cited: 165-3 08-10-06 NOCV Re-Inspection Date: 08-29-06 08-30-06 SOY 08-30-06 NOH Meeting Date: 09-26-06 08-30-06 POS Certified Mail 09-12-06 POS Regular Mail 09-13-06 POS Posting Observation: Untagged/expired tag or inoperable vehicle. Officer Rodriguez Officer Rodriguez stated the property is in compliance and the City is requesting dismissal. Vice Chair Chancev. seconded bv Member M. Godek. moved in Case No. 06-115 to be dismissed at the reQuest of the Citv. Motion carried 5-1 with Member Stan lev awav from the dais. Page 7 of 11 Code Enforcement Board Minutes September 26, 2006 Case No. 06-116 - Marilyn Ivette Maldonado and Ashley Fusconi 402 Spring Lake Circle Officer Rodriguez Violation Cited: 115-5 08-14-06 NOCV Re-Inspection Date: 08-29-06 08-30-06 SOV 08-30-06 NOH Meeting Date: 09-26-06 09-07-06 POS Certified Mail Observation: Tall weeds/grass front and back property. Officer Rodriguez gave a detailed history of the case and presented exhibits. She further announced the property was in non-compliance as of September 26, 2006. Officer Rodriguez informed the board that the proof of service was accepted and signed by the tenant so the City is going against the tenant on this case. Attorney Sneed stated the proof of service was sent to the address that was on record with the property appraiser's office. She further stated the board can find both owner and tenant in violation. Vice Chair Chancev. seconded bv Alternate Member Lowerv. moved in Case No. 06-116 to .find both respondents in violation as cited as of AU$lust 25. 2006. and be given until October 10. 2006. to come into compliance or be fined $50/per dav thereafter. Motion carried unanimouslv. Case No. 06-117 - David W. Driesse 471 Little Aspen Court Officer Siegrist Violation Cited: 115-5; 115-3; 108-23 Q 08-10-06 NOCV Re-Inspection Date: 08-28-06 08-30-06 SOY 08-30-06 NOH Meeting Date: 09-26-06 08-30-06 POS Certified Mail 09-06-06 POS Regular Mail 09-06-06 POS Posting Observation: Weed/grass growth over 10". Also large dead tree limbs and branches in backyard. Also 8ft. white fence in backyard in poor condition. Officer Siegrist gave a brief history of the case and presented exhibits. He further announced the property was in non-compliance as of September 26, 2006. Chairman Godek inquired if the property was at a point where the City would step in to cut the grass. Officer Loeffler stated it is a public nuisance and was cited by 115-3 so the City could step in. Member Ballard. seconded bv Alternate Member Lowerv. moved in Case No. 06-117 find the respondent in violation as cited as of August 25.2006. and be given until October 10.2006. to come into comvliance or be fined $150/ per dav thereafter. Motion carried unanimouslv. Page 8 of 11 Code Enforcement Board Minutes September 26, 2006 Case No. 06-118 - Drewtina Properties VIII, LLC Lake Olympia Square Replat Two 35/39 Lot 2B, Ocoee Violation Cited: 115-7 08-16-06 NOCV Re-Inspection Date: 08-31-06 09-06-06 SOV 09-06-06 NOH Meeting Date: 09-26-06 09-07-06 POS Certified Mail Observation: Lot with tall weeds/grass. Officer Rodriguez Officer Rodriguez gave a brief history of the case and presented exhibits. She further announced the property was in compliance as of September 11, 2006. Alternate Member Lowerv. seconded bv Member Ballard. moved in Case No. 06-118 find the respondent in violation as cited as of August 30. 2006. but in compliance as of September 11. 2006. and no fine be assessed. Motion carried unanimous Iv. OTHER BUSINESS Case No. 06-077- Gary Lee Armstrong 1106 Caballero Road Officer Rodriguez Violation Cited: 165-3 07-05-06 NOCV Re-Inspection Date: 07-21-06 07-27-06 SOV 07-27-06 NOH Meeting Date: 08-22-06 07-31-06 POS Certified Mail 08-22-06 CO Given unit! 09-01-06 or pay $100.00 per day 09-05-06 AC Observation: Inoperable vehicle (white pick-up truck). Officer Rodriguez announced the property was in compliance. 06-080- Paul Cars, Inc c/o Paul J. Sawyer 701 L F Roper Parkway Officer Siegrist Violation Cited: 54-3 A (2); 108-34 A; 108-33 A (11); 108-33 A (1) 07-10-06 NOCV Re-Inspection Date: 07-26-06 07-28-06 SOY 07-28-06 NOH Meeting Date: 08-22-06 07-31-06 POS Certified Mail 08-22-06 CO Given until 09-26-06 or pay $200.00 per day Observation: Missing business name & bldg. address (including site nos.) on exterior front & rear exterior exit personnel doors. Main bldg. address not on structure. Weeds/grass in excess of 10" and trash/debris. Emergency and exit lights not operational. Fence in disrepair (south side). Officer Siegirst announced the property was in non-compliance as of this morning however, since it is still September 26, 2006, he technically has to wait until tomorrow to re-do an inspection. Page 9 of 11 Code Enforcement Board Minutes September 26, 2006 06-089 - Eagle 6, LLC, & W & P Services, Inc. 2706 Rew Circle Violation Cited: 115-3 07-13-06 NOCV 08-08-06 SOV 08-08-06 NOH 08-08-06 POS 08-22-06 CO 08-29-06 AC Observation: One (1) steel 55-gallon drum, rusted exterior, unknown contents on northwest side of parking lot. Officer Siegrist Re-Inspection Date: 08-04-06 Meeting Date: 08-22-06 Certified Mail Given until 09-01-06 or pay $50.00 per day Officer Siegrist announced the property was in compliance. Case No. 06-096- Victoria L. McFarland 1521 Prairie Lake Blvd. Violation Cited: 105.4 04-14-06 NOCV 08-10-06 SOY 08-10-06 NOH 08-10--06 POS 08-22-06 CO 09-05-06 ANC Observation: Failure to obtain any required inspections for re-roof, permit #0501477 issued 05/05/05. Re-Inspection Date: 08-08-06 Officer T. Braddy-Bagwell Meeting Date: 08-22-06 Certified Mail Given until 09-01-06 or pay $50.00 per day Officer T. Braddy-Bagwell gave a brief history of the case and announced that on August 29, 2006, the property changed ownership. She further stated the new owners brought the property into compliance on September 21, 2006, and the City is requesting that no fine be assessed to the new owners. Vice Chair Chancev. seconded bv Alternate Member Lowerv. moved in Case No. 06-096 to find the respondent in compliance as of September 21.2006. and no fine be assessed. Motion carried unanimouslv. COMMENTS Code Enforcement Officer Loeffler presented the activity synopsis for July and August 2006: JULY 2006 Minimum Housing Standard Inspections Pre -existing Housing Stock = 94 (2005 = 53) Occupational License Inspections = 14(2005 = 20) E-Better Place Complaint Investigations = 12 Complaint & Nuisance Investigations = 175 (2005 = 50) Page 10 of 11 Code Enforcement Board Minutes September 26, 2006 Nuisance Signs/Street-Spam Removed = 211 AUGUST 2006 Minimum Housing Standard Inspections Pre -existing Housing Stock = 67 (2005 = 70) Occupational License Inspections = 18 (2005 = 17) E- Better Place Complaint Investigations = 12 Complaint & Nuisance Investigations = 131 (2005 = 74) Nuisance Signs/Street-Spam Removed = 243 (political) Code Enforcement Officer Loeffler also presented before/after exhibits of violations within the City. ADJOURNMENT Meeting adjourned at 8:34 p.m. " u'JM Melanie Sibbitt, Deputy City Clerk Page 11 of 11