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Home My WebLink About07-26-2016 Minutes CODE ENFORCEMENT BOARD MINUTES July 26,2016 CALL TO ORDER Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:03 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, 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 June 28, 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 16-064 Thomas Trzecki 605 Ridgefield Avenue Donna M Trzecki 16-065 Charlie E Dickey 712 Malcom Road Kathy A Dickey 16-067 JRW Investments Properties, INC. 873 Sedalia Street C. Order of Continuance (August 23, 2016, Meeting). Case Number Respondent Location of Violation 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,,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. 16-063 Lois Benaglio 220 W Ohio Street Officer Diaz Violation Cited: 51-13, 115-3, 43-7A(1)(3), 43-8,301.3,168-6 Observation: Unpermitted Shed being used as sleeping quarters,three(3)beds and window air conditioning unit and extension to shed with tarp cover without required permits, plans, approval and inspections.. Miscellaneous junk/debris on property, generator in front of house. Roosters and chickens in the backyard of property. Washing machine water/drainage waste not connected to any drainage system. Deteriorated of existing fence/gate. Two(2)Trailers on front of property. 05/18/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/09/16 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 06/28/16 ORDER OF CONTINUANCE MEETING DATE: 07/26/16 Officer Diaz presented the case and gave its history. This was a citizen complaint regarding multiple issues located around the property that included chickens, jet skis, trailers, and debris. The provided exhibits displayed also showed the structure of a shed that may be used as living quarters on the property and contained beds, dry wall, an air conditioning unit, a generator, as well as a ceiling fan. There is currently no permit on file for the structure. On July 26, 2016, the Officer re-inspected the property and found the trailers and chickens have been removed from the property, but the trash and debris, and the shed still remains in non-compliance. Vice-Chairman Carrington, seconded by Member Hopper, moved that in Case #16-063, the respondent be found in violation as cited as of May 30 2016, but be found in compliance for code violations 43-7A(1)(3), 43-8, 301.3, and 168-6, as of July 26, 2016; and be given until August 5, 2016, to come into compliance for code violations 51-13 and 115-3, or be fined$100 per day,per violation for as long as the violation remains in non-compliance. Motion carried unanimously. Page 2 Case No. 16-068 Toni Pietschman Bridges TR 212 S CUMBERLAND AVE 216 S CUMBERLAND AVE Officer Diaz Violation Cited: 115-5, 115-3 Observation: Overgrown grass or weeds back of property behind shed.Miscellaneous junk/debris on property. 05/18/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/28/16 07/06/16 STATEMENT OF VIOLATIONS 07/06/16 NOTICE OF HEARING MEETING DATE 07/26/16 07/06/16 ALL DOCUMENTS SENT BY REG& CERTIFIED MAIL Officer Diaz presented the case and gave its history. This was a citizen complaint regarding trash and debris on the property, as well as over grown grass and weeds. Exhibits were also provided. Property is in compliance as of today; however, they are repeat offenders and the Officer requests this to be notated for any future violations. Vice-Chairman Carrington, seconded by Member Hopper, moved that in Case #16-068, the respondent be found in violation as cited as of May 24, 2016, and in compliance as of July 26, 2016, with no fines assessed at this time. Motion carried unanimously. Case No. 16-071 Edgardo Caruso 409 Little Spring Hill Officer Loeffler Violation Cited: 115-5, 108-35, 115-3, 108-23J Observation: Vacant structure, broken windows, unsecured, unauthorized egress observed by neighbors and police department. Tall weeds and grass.All conditions constituting a public nuisance,a dangerous and attractive nuisance creating a blighted effect changing the character of the neighborhood and impacting the health of the City. 07/07/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/13/16 07/14/16 STATEMENT OF VIOLATIONS 07/14/16 NOTICE OF HEARING MEETING DATE: 07/26/16 07/14/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL Officer Loeffler presented the case and gave its history. This was a citizen generated complaint received by the Ocoee Police Department and surrounding neighbors regarding a vacant property with broken windows, incessant unauthorized egress observed by citizens, and tall weeds and grass. Exhibits were also provided. The property remains in non-compliance and the City is requesting a compliance time of 5 days or the respondent be fined $100 per day. The Officer also requests authorization for emergency abatement of the property. Member Kelley, seconded by Member Blynder, moved that in Case #16-071, the respondent be found in violation as cited for code violations 115-5, 108-35, 115-3 and 108-23J, as of July 13, 2016, and be given until August 5, 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 property, and the cost be added to the fine. Motion carried unanimously. Page 3 Case No. 16-073 Churaman & Melissa Singh 5002 Mill Stream Road Officer Siegrist Violation Cited: 115-3, 115-5 Observation: Weeds/grass over 10".Also,misc.trash/debris(yard waste in driveway). 06/27/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/13/16 07/13/16 STATEMENT OF VIOLATIONS 07/13 /16 NOTICE OF HEARING MEETING DATE: 07/26/16 07/13/16 ALL DOCUMENTS SENT BY REG&CERTIFIED MAIL Officer Siegrist presented the case and gave its history. This was a citizen complaint regarding a vacant property with tall weeds and grass, as well as the driveway covered with yard waste and debris. All conditions are considered public nuisances and the property remains in non-compliance. The City is requesting a compliance time of 10 days or the respondent be fined $50 per day. The Officer also requests authorization for emergency abatement of the property. Member Kelley, seconded by Member Odom, moved that in Case #16-073, the respondents be found in violation as cited for code violations 115-3 and 115-5, as of July 12, 2016, and be given until August 12, 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. Case No. 16-074 Shannon Larson 1006 Sabrina Drive Dana La Nielsen Officer Loeffler Violation Cited: 115-5, 115-3, 165-3A, 108-24D Observation: Overgrown tall weeds and grass portions of back yard along fence line. Inoperable motor vehicle front driveway under multiple tattered car covers.Misc.Junk,scrap,litter and debris within and around car port including hanging tarps. 06/21/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/13/16 07/14/16 STATEMENT OF VIOLATIONS 07/14/16 NOTICE OF HEARING MEETING DATE: 07/26/16 07/14/16 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 an inoperable, untagged vehicle with dilapidated frame, tarps, scrap metal, junk and debris in front and back yard, as well as tall weeds and grass. All conditions are considered public nuisances and the property remains in non-compliance, however the defendant was able to mow the front yard. The City has requested a compliance time of 15 days, or to be fined $50 per day. Member Blynder, seconded by Member Osborne, moved that in Case #16-074, the respondents be found in violation as cited as of July 8, 2016, and be given until August 12, 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 unanimously. Page 4 — — — Case No. 16-075 Jimmie Dale Yawn, Shirley Ann Leroy Temples 1006 Sabrina Drive Linda Carl Temples Officer Loeffler Violation Cited: 115-3, 165-3A, 108-24D, 54-3 Observation: Misc. junk, debris, pile of wood/limbs, old appliances littering property. Inoperable/expired tag pic-up truck parked upon unsurfaced,unimproved portion of property.Missing address numbers. 06/21/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/13/16 07/14/16 STATEMENT OF VIOLATIONS 07/14/16 NOTICE OF HEARING MEETING DATE: 07/26/16 07/14/16 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 trash and debris, scrap metal, old appliances, and an inoperable vehicle with flat tires parked on unsurfaced yard area. The Officer also observed no visible address numbers. On July 13, 2016, the Officer re-inspected the property and found the pile of wood, old appliances and debris were removed and numbers were replaced, however the vehicle remains on unsurfaced area. The City has requested a compliance time of 15 days, or to be fined $50 per day. Member Kelley, seconded by Member Osborne, moved that in Case #16-075, the respondent be found in violation as cited as of July 8, 2016, but be found in compliance for code violations 115-3, 108-24d and 54- 3, as of July 13, 2016, and be given until August 12, 2016, to come into compliance for code violation 165- 3a, or be fined $50 per day for as long as the violation remains in non-compliance. Motion carried unanimously. Case No. 16-076 Nicole Shelley 1941 Hedgerow Circle Officer Loeffler Violation Cited: 6-4 Observation: Off—Street Parking Violations.Vehicle(s)routinely parked/stored in the front yard. 06/28/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/13/16 07/14/16 STATEMENT OF VIOLATIONS 07/14/16 NOTICE OF HEARING MEETING DATE: 07/26/16 07/14/16 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL Officer Loeffler presented the case and gave its history. The Officer responded to a Homeowner's Association generated complaint regarding a trailer containing a boat parked in the front driveway of the property. The Officer also stated that the respondents have had previous violations. The City has requested a compliance time of 15 days, or to be fined $50 per day. Member Osborne, seconded by Member Kelley, moved that in Case #16-076, the respondent be found in violation as cited as of July 12, 2016, and be given until August 12, 2016, to come into compliance, or be fined$50 per day for as long as the violation remains in non-compliance. Motion carried unanimously. Page 5 - ---- - Case No. 16-077 Manguia INC. Mi Ranchito Meat Market 158 W Silver Star Rd Leonel Manguia Officer Diaz Violation Cited: 168-6B(1)(a)(b) Observation: Off—Street Parking Violations.Vehicle(s)routinely parked/stored in the front yard. 07/13/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: REPEAT VIOLATION 07/14/16 STATEMENT OF VIOLATIONS 07/14/16 NOTICE OF HEARING MEETING DATE: 07/26/16 07/14/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL Officer Diaz presented the case and gave its history. The Officer responded to numerous citizen generated complaints regarding multiple vehicles parked and stored with for "sale signs" displayed on them. Exhibits were also provided and this is a repeat violation on this property. The City had previously requested the owner post no trespassing signs, but the request has not currently been fulfilled. Member Kelley, seconded by Member Hopper, moved that in Case #16-077, the respondents be found.in violation as cited as of July 13, 2016, and be given until August 5, 2016, to come into compliance, or be fined$250 per day, per violationfor as long as the violation remains in non-compliance. Motion carried 6- 1 with Vice-Chairman Carrington dissenting. OTHER BUSINESS 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. 05/26/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/07/16 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 06/28/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 06/06/16 AND TO COMPLY BY 07/08/16 OR FINE OF $50.00 PER DAY, PER VIOLATION AS LONG AS THE VIOLATIONS REMAIN IN NON COMPLIANCE. 07/12/16 AFFIDAVIT OF NON COMPLIANCE Officer Siegrist 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 July 7, 2016. Motion carried unanimously. — — Page 6 — Case No. 16-052 Charlene M Mccrea 6712 Lumber Jack Lane 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 06/28/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 06/14/16 AND TO COMPLY BY 07/15/16, OR FINE OF $100.00 PER DAY, PER VIOLATION AS LONG AS THE VIOLATION REMAINS IN NON COMPLIANCE. ALSO AUTHORIZE THE CITY TO ABATE CODES # 108-35 AND 108-23J AND ADD COST/FEES TO THE FINE. Officer Loeffler reported there is an affidavit of non-compliance on file for the property. Vice-Chairman Carrington, seconded by Member Hopper, moved to impose fine as of July 16, 2016. Motion carried unanimously. 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 06/28/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 05/30/16 AND TO COMPLY BY 07/08/16 OR FINE OF $100.00 PER DAY AS LONG AS THE VIOLATION REMAINS IN NON COMPLIANCE. 07/08/16 AFFIDAVIT OF NON COMPLIANCE Officer Rodriguez 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 July 9, 2016. Motion carried unanimously. —— Page 7 — — — 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 06/28/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 05/20/16 AND TO COMPLY BY JULY 08, 2016 OR FINE OF $50.00 PER DAY, PER VIOLATION. CITY AUTHORIZED TO ABATE THE PROPERTY FOR TALL GRASS/WEEDS AND ADD FEES/COSTS TO FINE IF NOT COMPLIED BY DUE DATE. Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the Board. COMMENTS Member Hopper commends our Mayor for his attendance, as well as our Law Enforcement Officers for their service. ADJOURNMENT Meeting adjourned at 8:00 p.m. ATTEST: • PPROVED: - p‘r Nichole G eRie "EB 'ecording Clerk I arrell 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 8