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HomeMy WebLinkAbout08-23-2016 Minutes CODE ENFORCEMENT BOARD MINUTES August 23,2016 CALL TO ORDER Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:02 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, and Hopper. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler, Theresa Rodriguez and Bob Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Nichole DeRienzo. ABSENT: Vice-Chairman Carrington, Members Blynder and Osborne, as well as Code Enforcement Officer Carmen Diaz. 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 July 26, 2016, Code Enforcement Board Meeting. B. Minutes of the July 26, 2016, Code Enforcement Board Workshop. Assistant Support Services Director — Code Enforcement Manager Doug Gaines presented the dismissals-compliances. C. Dismissal or Compliance. Case Number Respondent Location of Violation 16-080 MATTIE J GRAFTON REVOCABLE TRUST 25 7TH STREET C/O MATTIE J GRAFTON TRUSTEE 16-085 MEERA D MAHABIR 1760 CAROLINA WREN DRIVE 16-086 LESLIE LEON CARPENTER 114 LAFAYETTE STREET 16-091 OCTAVIO LONDONO 477 MEADOW SWEET COURT GILMA LONDONO C. Order of Continuance (September 27, 2016, Meeting). Case Number Respondent Location of Violation 16-084 DEMERICK DUNLAP 5010 LOG WAGON ROAD 16-088 EXCLUSIVE HOMES INC 10618 CLARCONA OCOEE. GEORGE D LAMAN ROAD 16-089 EXCLUSIVE HOMES INC 10622 CLARCONA OCOEE GEORGE D LAMAN ROAD 16-090 EXCLUSIVE HOMES INC 10626 CLARCONA OCOEE GEORGE D LAMAN ROAD Member Kelley, 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,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 Case No. 16-082 Davey E Mixon 138 Lafayette Street Officer Rodriguez Violation Cited: 165-3A Observation: Untagged/inoperable black pickup truck and black 4 door sedan. 07/19/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: REPEAT VIOLATION 07/25/16 STATEMENT OF VIOLATIONS 07/25/16 NOTICE OF HEARING MEETING DATE: 08/23/16 07/25/16 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08/02/16 AFFIDAVIT OF COMPLIANCE OFFICER RODRIGUEZ Officer Rodriguez presented the case and gave its history. This is a repeat violation pertaining to a citizen complaint regarding an untagged/inoperable vehicle located in the driveway of the property. The initial violation was corrected, however, when the Officer re-inspected the property, there was a different car located in the driveway. Staff is requesting immediate fines to be assessed due to this being the third violation by the respondent. Page 2 - Member Kelley, seconded by Member Hopper, moved that in Case #16-082, the respondent be found in repeat violation as cited as of July 28, 2016, and be fined $500 per day, per violation for as long as the violation remains in non-compliance. Motion carried unanimously. Case No. 16-083 G and J Investing Group, INC. 6712 Lumberjack Lane Officer Siegrist Violation Cited: 115-5 Observation: Weeds/grass over 10"especially back yard. 06/30/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/19/16 07/25/16 STATEMENT OF VIOLATIONS 07/25/16 NOTICE OF HEARING MEETING DATE: 08/23/16 07/25/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL Officer Siegrist presented the case and gave its history. This was a citizen complaint regarding excessive grass and weed growth on the vacant property. Exhibits were also provided. As of August 23, 2016, the property is in non-compliance. Staff is requesting a compliance time of 10 days or be fined $50 a day until violation is brought into compliance; also requests to authorize emergency abatement and add cost to the fine. Member Hopper, seconded by Member Hopper, moved that in Case #16-083, the respondent be found in violation as cited as of July 16, 2016, and be given until September 16, 2016, to come into compliance, or be fined$100 per day 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. 16-087 Bernice N Edge Life Estate 327 Little Iris Street Rem: Marcia V Spencer Officer Loeffler Violation Cited: 115-7, 115-5, 115-3, 108-35 Observation: Corner lot with overgrown weed, grass and vegetation overgrowth blocking the pedestrian sidewalk. Unmaintained easement outside the fence on a corner lot;corner lots have 2 front yards and side walk easements;property owner is responsible for maintain easement. Additionally, the grass is overgrown front, side and rear yard. Blocked sidewalk and tall grass constitutes a nuisance to the public health and safety;pedestrians and children entering street where sidewalk is blocked. 07/06/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/19/16 08/09/16 STATEMENT OF VIOLATIONS 08/09/16 NOTICE OF HEARING MEETING DATE: 08/23/16 08/09/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL 08/08/16 PROOF OF NOTICE OF HAND DELIVERY Officer Loeffler presented the case and gave its history. This was a citizen complaint regarding excessive grass and weed growth on the vacant property, which is blocking the sidewalk for the children walking to and from school. Exhibits were also provided. As of August 23, 2016, the property is in non-compliance. Staff is requesting a speedy compliance time or the respondent be fined $25 a day until violation is brought into compliance; also requests to authorize emergency abatement and add cost to the fine. Page 3 Member Kelley, seconded by Member Hopper, moved that in Case #16-087, the respondent be found in violation as cited as of July 21, 2016, and be given until September 6, 2016, to come into compliance, or be fined $25 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. 16-059 Churaman & Melissa Singh 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 06/28/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 06/17/16 AND TO COMPLY BY 07/30/16 OR FINE OF $50.00 PER DAY, PER VIOLATION AS LONG AS THE VIOLATIONS REMAIN IN NON COMPLIANCE. 07/26/16 NON COMPLIANCE OFFICER LOEFFLER Officer Loeffler reported there is an affidavit of non-compliance on file for the property. Member Kelley, seconded by Member Hopper, moved to impose fine as of July 31, 2016. Motion carried unanimously. 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: 0726/16 07/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 05/30/16 IN COMPLIANCE OF 168-6, 301-3, 43-7, 43-8 ON 07/26/16. TO COMPLY WITH 51-13, 115-3, BY 08/05/16 OR FINE OF $100.00 PER DAY, PER VIOLATION FOR AS LONG AS THE VIOLATIONS REMAIN IN NON COMPLIANCE. Page 4 — Code Enforcement Manager Doug Gaines reported there is an affidavit of compliance on file for the property. No further action was required by the Board. Case No. 16-071 Edgardo Caruso 409 Little Spring Hill Drive 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 07/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED OF ALL CODES AS OF 07/13/16. TO COMPLY BY 08/05/16 OR FINE OF $100.00 PER DAY, PER VIOLATION AS LONG AS THE VIOLATIONS REMAIN IN NON COMPLIANCE. AUTHORIZE CITY TO ABATE THE PROPERTY 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. 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 07/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 07/12/16. TO COMPLY BY 08/12/16 OR FINE OF $50.00 PER DAY, PER VIOLATION FOR AS LONG AS THE VIOLATION REMAINS IN NON COMPLIANCE.AUTHORIZE CITY TO ABATE THE PROPERTY AND ADD COSTS TO FINE. 08/08/16 AFFIDAVIT OF COMPLIANCE OFFICER SIEGRIST Officer Siegrist reported there is an affidavit of compliance on file for the property. No further action was required by the Board. Page 5 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 07/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 07/08/16. TO COMPLY BY 08/12/16 OR FINE OF $50.00 PER DAY, PER VIOLATION FOR AS LONG AS THE VIOLATION REMAINS IN NON COMPLIANCE. Officer Loeffler 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 August 13, 2016. Motion carried unanimously. Case No. 16-075 Jimmie Dale Yawn, Shirley Ann Leroy Temples 1101 Sabrina Drive Linda Carl Temples Officer Loeffler Violation Cited: 165-3A Observation: Off—Street Parking Violations.Vehicle(s)routinely parked/stored in the front yard. 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 07/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 07/08/16. IN COMPLIANCE OF 115-3, 108-24D, 54-3 AS OF 07/13/16. REMAINS IN NON COMPLIANCE OF 165-3AS OF 07/26/16. TO COMPLY WITH THIS CODE BY 08/12/16 OR FINE OF $50.00 PER DAY FOR AS LONG AS THE VIOLATION REMAINS IN NON COMPLIANCE. Officer Loeffler reported there is an affidavit of compliance on file for the property. No further action was required by the Board. Page 6 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 07/26/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF 07/12/16 TO COMPLY BY 08/12/16 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. Officer Loeffler reported there is an affidavit of non-compliance on file for the property. Member Kelley, seconded by Member Hopper, moved to impose fine as of August 13, 2016. Motion carried unanimously. 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 07/26/16 COMPLIANCE ORDER FOUND IN REPEAT VIOLATION AS CITED AS OF 07/13/16. TO COMPLY BY 08/05/16 OR FINE OF $250.00 PER DAY AS LONG AS THE VIOLATION REMAINS IN NON COMPLIANCE. Code Enforcement Manager Doug Gaines reported there is an affidavit of compliance on file for the property, but requests to impose fine for days in violation. Member Kelley, seconded by Member Hopper, moved to impose fine as of August 6, 2016, to August 16, 2016, in the amount of$2,750.00. Motion carried unanimously. COMMENTS None. Page 7 ADJOURNMENT Meeting adjourned at 7:35 p.m. ATT ST: / KTED: LA 41 ichole G eRie r o, CEB 'ecording Clerk t arrell Lowery, Chairman Notice: My 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