HomeMy WebLinkAbout09-27-2016 Minutes CODE ENFORCEMENT BOARD MINUTES
September 27, 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. Vice-Chairman Carrington 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, Vice-Chairman Carrington, Members Kelley, Odom, Osborne and
Hopper, (Arrival time at 7:50 p.m.). Also present were Board Attorney Mary Sneed, Asst.
Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement
Officers Edward Loeffler, Carmen Diaz, Theresa Rodriguez and Bob Siegrist; Administrative
Assistant Bridgett Coffey, and Recording Clerk Nichole DeRienzo.
ABSENT: Member Blynder.
GUESTS: Assistant City Attorney Dana Crosby-Collier and Mayor Rusty Johnson.
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 August 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
16-088 Exclusive Homes, INC 10618 Clarcona Ocoee Road
George D Laman
16-089 Exclusive Homes, INC 10622 Clarcona Ocoee Road
George D Laman
16-090 Exclusive Homes, INC 10626 Clarcona Ocoee Road
George D Laman
16-095 Barry R Grathwohl JR 811 Apricot Drive
16-096 Charles Butterfield 716 Crystal Drive
16-097 Daysi Fernandez 1103 Pinewood Lane
16-098 Aline M Costa 5030 Lighterwood Court
16-101 Franklin Family Trust 341 Franklin Street
C/O J A Green Trustee
16-103 Tom West INC 120 W Oakland Avenue
130 W Mckey Street
16-108 Carmelo Alvarez JR 307 Phyllis Street
16-109 Molina Maria Del Rosario 1105 Sabrina Drive
16-110 RPG Apopka LLC 1101 Kimball Drive
16-111 Ronald Sims 903 Kimball Drive
16-112 Onelia D Suarez Revocable Trust 332 Little Spring Hill Drive
C/O Onelia D Suarez Trustee
16-113 Grullon Esmanuel 1612 Doreen Avenue
16-114 Shannon L Church 471 Northern Durango
16-117 1885 Lelsie Ann Lane 1885 Lelsie Ann Lane
16-119 Melissa Farias 884 Marlene Drive
16-122 Delfeine Melbourne 1513 Ison Lane
C. Order of Continuance (October 25, 2016, Meeting).
Case Number Respondent Location of Violation
16-104 Rameriz Odilon 57 W Circle Key Drive
16-116 Safavi Corp 606 Catwood Drive
Mehr Rahmatullah
Vice-Chairman Carrington, seconded by Member Kelley, moved that the supplemental consent agenda be
accepted as presented. Motion carried unanimously.
COMMENTS FROM CITIZENS
None.
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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 Kelley, moved that Cases #16-102, #16-106, and #16-012 be moved
to the beginning of the agenda and then revert back to the original agenda. Motion carried unanimously.
Case No. 16-102 Jimmy Sills
1 Taylor Street Officer Diaz
Violation Cited: ZONING 1-1ARTICLE IIM/SECTION 2-4
Observation: Zoning Violation—The existing use does not meet the definition of Light Industrial. Outside storage within the fence does not
comply with I-1 Zoning.
07/05/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/22/16
08/25/16 STATEMENT OF VIOLATIONS
08/25 /16 NOTICE OF HEARING MEETING DATE: 09/27/16
08/25/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL
Officer Diaz presented the case and gave its history. This is a light industrial property that does not permit
outdoor storage for construction materials. The officer produced several exhibits of the violation. The City
is requesting 30 days to comply or be fined $100 per day.
Jimmy Sills, owner of the property, explained that he purchased the property in the year, 1984. At that time,
the property was used as an outdoor storage for numerous years prior. In 1998, he requested to put up the
fence to help hide the storage. In 2013, he was notified that the City was requesting he put up a green
skirting/screen, and then later replaced this with a black screen. Mr. Sills stated these were two instances in
which the City came to visually approve the fence, with no mention of the storage area violation.
Mr. Sills advised there is currently a 3-year lease on the property. He stated that he is willing to respect the
City's wishes to no longer use this property as a commercial storage area, in regards to the Downtown plan
for the City Center.
Mr. Sills requested permission to continue using the industrial property as a commercial storage area until
the current lease is up with his renter. He shared that he has complied with all of the City's previous
requests, and felt in necessary to plead his case that for the past 32 years, he has continued to use this
property as an outdoor storage for construction materials and commercial purposes with no prior complaints
from Code Enforcement pertaining to the City zoning code.
Board Attorney Mary Sneed directed all questions to Assistant City Attorney Dana Crosby-Collier.
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Assistant City Attorney Dana Crosby-Collier explained that if a non-conforming use is in a zoning
district at the time of the zoning, the non-conforming use can generally continue under the code until
something happens to the structure. This is an industrial zoning code that does not allow outdoor storage.
Any permits that were granted for the property over the years pertaining to the structure of the fence, did not
have an effect on what the regulations or codes were for that property.
Member Kelley inquired as to when the zoning took effect for this property and if the owner was given a
notice of any changes that may have been made during the 32 years he maintained the property.
Assistant City Attorney Dana Crosby-Collier was not precisely aware of when the zoning may have
changed or when the land development code may have taken place. She stated they would need to execute
further research to determine if this would be a variance or non-conforming issue for this particular
circumstance.
Further discussion ensued.
Vice-Chairman Carrington stated that overall; this may not be considered a"non-conforming" issue. The
resident was never made aware of any ongoing issues during the several times Code Enforcement
encountered the property. He believes the City had constructive knowledge of how the property was being
used during this time and how violations were never addressed. The Board should allow both parties the
opportunity to research and plead their case. He recommends they continue the case in order for them to
determine a suitable recommendation for this case.
Vice-Chairman Carrinjton, seconded by Member Odom, moved to continue Case #16-102, until October
25, 2016, at which time both parties may present their side of the case. Motion carried unanimously.
Case No. 16-106 Dax E. Russell
558 Palio Court Shannon Russell Officer Siegrist
Violation Cited: 115-5
Observation: Weeds/grass over 10".
08/04/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/02/16
09/12/16 STATEMENT OF VIOLATIONS
09/12/16 NOTICE OF HEARING MEETING DATE: 09/27/16
09/12/16 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 today, September 27,
2016, the property is in compliance. The officer stated that the property owner was present as well if he
would like to make a statement.
Member Kelley, seconded by Member Osborne, moved that in Case #16-106, the respondent be found in
violation as cited as of August 19, 2016, and found in compliance as of September 27, 2016, and no fine be
assessed at this time. Motion carried unanimously.
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Vice-Chairman Carrington, seconded by Member Kelley, moved to hear Case #16-012,for reduction of
f
fine. Motion carried unanimously.
Case No. 16-012 HATLEY PARTNERS, LLC
716 Kelley'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 Place 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: 03/22/16
03/09/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL
03/22/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED: ARTICLE IV
108-35, 115-3 ON 03/02/16. TO COMPLY
IMMEDIATELY OR FINE OF $250.00 PER DAY
PER VIOLATION. AUTHORIZE CITY TO
ALLEVIATE THE NUISANCENIOLATIONS AND
ADD COSTS TO FINE.
06/27/16 AFFIDAVIT OF NON COMPLIANCE
08/12/16 AFFIDAVIT OF COMPLIANCE OFFICER LOEFFLER
08/18/16 ORDER IMPOSING FINE $58,750.00
09/12/16 REQUEST FOR REDUCTION MEETING DATE: 09/27/16
Officer Loeffler presented the case and gave its history. He stated that the owner is requesting a lower
reduction than what the Amnesty Reduction Program offers. The Officer explained that the program
proposes a capped amount of $5,000. The ongoing nuisance involved on the property has had a negative
effect on the City. Staff is requesting the fine of $5,000 to remain the same, due to the countless law
enforcement visits, city abatements and ongoing nuisance to the neighborhood.
Mayor Johnson stated he would like to speak in regards to this house. He explained this property has been
nothing but trouble for the past few years. The Mayor, as well as our citizens, are relieved to have this issue
straightened out. It is worth our time and efforts as a City to consider an additional reduction for the
property owner, who was able to bring this house into compliance. It has been a pleasure for the citizens to
see this ongoing nuisance come to an end.
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Brannon Rue, owner of the property, stated he purchased this property at the public auction in June of this
year. It took him several months to have the previous owners removed from the property. After many un-
anticipated legal fees to remove the previous owners, they were able to begin a complete renovation inside
and outside of the property. His goal has been to restore the home as well the neighborhood, and to
ultimately re-sell the property once the renovation is finally complete. He is hoping the City will consider
lowering the cost of the fine to compensate for the additional costs and attorney fees he endured, as well as
his time and efforts that have been put into this property.
Member Osborne, moved in Case #16-012, to recommend the fine be reduced to $2,500. Motion failed due
to lack of second.
Member Odom, seconded by Vice-Chairman Carrinzton, moved in Case #16-012, that the fine be set at
$5,000. Motion carried unanimously.
Member Hopper arrived at 7:50 p.m.
Case No. 16-084 Demerick Dunlap
5010 Log Wagon Road Officer Siegrist
Violation Cited: 165-3 A
Observation: One(1)Olds Cutlass/white/gold with damaged front end parked in front driveway.
07/12/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 07/28/16
08/01/16 STATEMENT OF VIOLATIONS
08/01/16 NOTICE OF HEARING MEETING DATE: 08/23/16
08/01/16 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
08/23/16 ORDER OF CONTINUANCE MEETING DATE: 09/27/16
09/27/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF
07/27/16. TO COMPLY BY 10/07/16 OR FINE OF
$100.00 PER DAY UNTIL IN COMPLIANCE.
10/11/16 AFFIDAVIT OF NON COMPLIANCE OFFICER SIEGRIST
Officer Siegrist presented the case and gave its history. This was a citizen complaint regarding an
inoperable vehicle with an expired tag parked in the driveway. Exhibits were also provided. City is
requesting a compliance time of 10 days, or be fined $50 per day.
Member Kelley, seconded by Member Hopper, moved that in Case #16-084, the respondent be found in
violation as cited as of July 27, 2016, and be given until October 7 2016, to come into compliance, or be
fined$100 per day for as long as the violation remains in non-compliance. Motion carried unanimously.
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Case No. 16-115 Elton Grantham
805 Spring Lake Circle Lottie V Grantham Officer Loeffler
Violation Cited: 108-24D, 115-3, 108-35, 115-5
Observation: Misc. junk, trash, debris, tools, parts, equipment littering property. Disabled untagged red Pontiac Firebird and parts front
driveway. Misc. car parts and tires near vehicle. Overgrown tall weeds and grass, front, side and back yards. All conditions constituting a
nuisance and creating a blighted effect upon the neighborhood and the City.
08/26/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/15/16
09/15/16 STATEMENT OF VIOLATIONS
09/15/16 NOTICE OF HEARING MEETING DATE: 09/27/16
09/15/16 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
09/27/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF
09/10/16. TO COMPLY BY 10/07/16 OR FINE OF
$50.00 PER DAY, PER VIOLATION UNTIL IN
COMPLIANCE.
Officer Loeffler presented the case and gave its history. This was a citizen complaint regarding junk,
debris, tires, tools and an inoperable vehicle located in the driveway of the property, as well as tall weeds
and grass. Exhibits were also provided. City is requesting a response time of 10 days or to be fined $50 per
day.
Member Kelley, seconded by Vice-Chairman Carrington, moved that in Case #16-115, the respondents be
found in violation as cited for code violations 108-24D, 115-3, 108-35, 115-5, as of September 10, 2016,
and be given until October 7, 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.
Case No. 16-118 Maggie Jones
1104 Doreen Avenue Officer Loeffler
Violation Cited: 115-3, 108-35, 115-5
Observation: Overgrown/tall weeds and grass,front,side and rear yards. Junk,trash and debris including bed mattresses,loose bedding and
sheets,and bagged trash littering the property. Conditions constituting a nuisance and creating a blighted effect upon the neighborhood and the
City.
08/30/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/15/16
09/15/16 STATEMENT OF VIOLATIONS
09/15/16 NOTICE OF HEARING MEETING DATE: 09/27/16
09/15/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL
Officer Loeffler observed tall weeds and grass, as well as a mattress and scattered debris across the vacant,
boarded-up property. Citizens are extremely upset with the nuisance of this property. City is requesting a 10
day compliance time or be fined $50 per day; also requests the City to abate the property and add additional
costs to the fine.
Member Hopper, seconded by Member Kelley, moved that in Case #16-118, the respondent be found in
violation as cited as of September 14, 2016, and be given until October 7, 2016, to come into compliance, or
be fined$150 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 additional cost be added to the fine. Motion carried
unanimously.
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OTHER BUSINESS
Case No. 16-083 G and I Investing
6712 Lumberjack Lane Group, INC 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
08/23/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AS OF
07/16/2016. TO COMPLY BY 09/16/2016 OR FINE
OF $100.00 PER DAY AS LONG AS THE VIOLATION
REMAINS IN NON COMPLIANCE. AUTHORIZE THE
CITY TO ABATE THE CODE VIOLATION AND ADD
THE COST/FEES TO THE FINE.
Officer Siegrist reported there is an affidavit of compliance on file for the property.
No further action was required by the Board.
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 an nuisance to the public health and
safety;pedestrians and children entering street where sidewalk is blocked.
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.
Vice-Chairman Carrinzton, seconded by Member Hopper, moved to impose fine as of September 7, 2016.
Motion carried unanimously.
COMMENTS
Members praised the Amnesty Program, and believe it is working well.
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ADJOURNMENT
Meeting adjourned at 8:11 p.m.
ATT T: APPROVED:
/ i
, ` c-wet Le usfri
Nichole eRienzo, B Re,ording Clerk Darrell 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.
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