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Home My WebLink About01-24-2017 Minutes CODE ENFORCEMENT BOARD MINUTES January 24, 2017 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. Vice-Chairman Carrington initiated the moment of silence, and Member Odom led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Lowery, Vice-Chairman Carrington, Member Osborne, Member Odom, and Member Lomneck. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler and Theresa Rodriguez; Administrative Assistant Bridgett Coffey, City Clerk Melanie Sibbitt and Recording Clerk Amber Landry. ABSENT: Member Blynder 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 October 25, 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 16-133 Pamela Diana Wyatt 634 Shewood Oaks Circle 17-002 Leonardo Ramirez Alvarez 1217 Sand Pine Ave Adelfa Zuniga Ramirez 11Page C. Order of Continuance. Case Number Respondent Location of Violation 17-003 Allan J Simpson 1110 Caballero Road Efficient Air Conditioning Inc. Jorge Medina Elizabeth Medina Vice-Chairman Carrington, 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. 16-124 Padarath Lutchman Officer Rodriguez 762 Lancer Circle Anne Marie Lutchman Violation Cited: 115-6, 108-7, 108-23E (1) (2) 0, R(1), 108-35 Observation: An abandoned swimming pool (dirty) with torn screens making it unsafe/unsecured, constituting to be a danger and nuisance/public nuisance. Ceiling of the swimming pool area is deteriorated/rotten wood and falling down. 09/30/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/15/16 09/20/16 STATEMENT OF VIOLATIONS 09/20/16 NOTICE OF HEARING MEETING DATE: 10/25/16 09/20/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL 10/25/16 ORDER OF CONTINUANCE MEETING DATE: 11/22/16 Officer Rodriguez presented the case and gave its history. Exhibits were provided. As of today, January 24, 2017, the property is still not in compliance. She further stated she has spoken with the respondent; Mr. Lutchman, who has explained his financial hardship and also confirmed that 21 Page he would be present for tonight's meeting. The City is requesting a compliance time of 30 days or be fined $50.00 per violation per day Board Attorney Mary Sneed asked if any code violations have come into compliance. Officer Rodriguez answered, "No" and advised there are tenants living in the residence, including two small children. Member Osborne inquired if there was anything blocking a person from falling into the pool, such as a fence. Officer Rodriguez advised there is no fence, and the screen on the screen enclosure is broken. Chairman Lowery clarified that the city cannot go onto the property and address the safety issues given there are tenants living in the home. Officer Rodriguez responded in the affirmative, and then once again stressed that she is very concerned about the safety of children living in the home. Padarath Lutchman, property owner, explained his financial hardship and requested additional time due to this hardship. His request was for an additional 90 days to come into compliance. Member Osborne stressed concerns about the safety of the public and the tenants due to the pool not being secure. Padarath Lutchman offered to repair the screen immediately, if that was the main concern, and wanted to know if he should post a"no trespassing" sign on the property. Member Osborne explained that she did not feel posting a "no trespassing" sign would stop little children from running through the property and falling into the pool. Vice-Chairman Carrington asked Mr. Lutchman if he currently had tenants living in the home paying rent. Mr. Lutchman explained that he had moved tenants into the home thinking it would help with funds to make repairs, however they are not paying rent. They moved in two months ago, but have only paid one month rent. Chairman Lowery asked Mr. Lutchman how quickly he could repair the screen. Mr. Lutchman stated he could start working on the screen this weekend. Attorney Mary Sneed made a suggestion that Mr. Lutchman be asked to refill the pool. Chairman Lowery asked Mr Lutchman if he could repair the screen and fill the pool this weekend. Mr. Lutchamn stated that he would repair the screen and start refilling the pool this weekend. 31 Page Vice-Chairman explained his frustration in that there has been ample notice of these issues, yet nothing has been fixed up to this point. He stressed that he can appreciate the financial constrains; however, as a homeowner there are certain basic requirements that you have to meet, especially given the fact that he has tenants. He would expect that the pool would be re-filled and the screens repaired rather abruptly and certainly should be done in less than 30 days. He feels the roof could be addressed beyond the 30 days but that the safety issues must be addressed immediately. He also stated that this case has already had one continuance back in October 2016. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #16-124, the respondent be found in violation for code violations 115-6, 108-7, 108-23E(1)(2) 0, R(1), 108- 35, as cited as of September 14, 2016, and be given until February 24, 2017, to come into compliance or be fined$50 per violation per day. Motion carried unanimously. Mr. Lutchman expressed concern over the board's decision. Chairman Lowery explained that their decision had been made, that a vote was taken, and the motion was carried unanimously. He advised Mr. Lutchman to speak with the City on the issue. Case No. 17-001 Thelma Pyles Officer Loeffler 114 Spring Lake Circle do Jeffrey Alan Watson Violation Cited: 108-35, 115-3, 108-19A,C,D,E(2) F(1)(C)(D), 108-22 Observation: (While with multi jurisdictional law enforcement) Occupancy is in-violation of Minimum Housing Standards. Occupancy without sanitary connection to approved potable water supply or waste system or connection to an approved safe electric utility and all related sanitary and safety issues resulting from no water or electric utility; unsanitary and unsafe conditions constituting a Public Nuisance and nuisance to the health safety and welfare of the public, the occupants, the neighborhood and the overall city. Broken, missing section of fence resulting in unsecured open access to school property, and school walk-way. 10/15/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/31/16 01/09/17 STATEMENT OF VIOLATIONS 01/09/17 NOTICE OF HEARING MEETING DATE: 01/24/17 01/11/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL Officer Loeffler presented the case and gave its history. Exhibits were presented. He further explained the home is being occupied with no water or electricity; thus, creating unsanitary and unsafe conditions constituting a Public Nuisance and nuisance to the health safety and welfare of the public, the occupants, the neighborhood and the overall city. Officer Loeffler shared that on multiple occasions he has witnessed occupants of 114 Spring Lake Circle filling gallon buckets 41 Page from the residence at 112 Spring Lake Circle and carrying them back to 114 Spring Lake Circle He has also witnessed multiple occupants entering and exiting the residence. Additionally, there is broken, missing section of fence resulting in unsecured open access to school property, and school walk-way. As of today, January 24, 2017, the property is still not in compliance with violations 108-35, 115-3, 108-19A,C,D,E(2) F(1)(C)(D), and 108-22. The City is requesting to abate the nuisance if the property becomes vacant; otherwise, City is also requesting a compliance time of 10 days or be fined $50.00 per violation per day. It was clarified that the abatement process would be to secure the building and fence. Vice-Chairman Carrington, seconded by Member Osborne, moved that in Case #17-001, the respondent be found in violation for code violations 108-35,115-3, 108-19A, C, D, E(2), F(1)(C)(D), 108-22 as cited as of October 30 2016, and be given until February 2, 2017, to come into compliance or be fined$50 per violation per day. Further authorize the city to immediately abate should the property become vacant and assess cost to the fine. Motion carried unanimously. Case No. 17-004 William R. Haygood Officer Loeffler 3309 Midlake Terrace Patricia H Haygood Violation Cited: 115-5, 165-3 Observation: Overgrown /tall weeds and grass/vegetation; back yard. In-operable expired tag pick-up truck front driveway. 11/03/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 12/30/16 01/12/17 STATEMENT OF VIOLATIONS 01/12/17 NOTICE OF HEARING MEETING DATE: 01/24/17 01/12/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL Officer Loeffler presented the case and gave its history. As of today, January 24, 2017, the property is not in compliance for code violations 115-5, and 165-3. The City is requesting a compliance time of 30 days or be fined $25 per violation per day. Property owner, Patricia Haygood, was not present at the meeting, but did have a hand written letter dropped off on her behalf. Officer Loeffler read the letter. In this letter, Ms. Haygood requested an extension siting medical reasons including a return of cancer and current disability. Ms. Haygood requested an extension until February 26, 2017. Member Osborne, seconded by Member Lomneck, moved that in Case #17-004, the respondent be found in violation for code violation 115-5, 165-3, as cited as of November 18, 2016, and be given until February 24, 2017, to come into compliance or be fined$25.00 per violation per day. Motion carried 3-2 with Chairman Lowery& Vice-Chairman Carrington opposing. 5 IPage Case No. 17-005 Judy Baker Estate Officer Loeffler 695 S Lakewood Ave Emmett Ray Warr Robert Earl Warr Ralph Edward Warr Ronnie David Warr Billie Jean Rewis Jeffrey D Scott Violation Cited: 115-3, 108-9, 108-24, and 168-6 Observation: Person(s) living within accessory structure/shed. Pile of building material/debris next to house. Shed does not meet minimum housing standards; prohibited occupancy; No certificate of occupancy, ventilation, sanitary facilities, water supply, approved safe electric utility and square footage requirements. Inoperable untagged vehicle parked on the rear yard grass. Pile of building debris, prohibited occupancy in-operable vehicle constitute a public nuisance. 10/28/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/15/16 01/12/17 STATEMENT OF VIOLATIONS 01/12/17 NOTICE OF HEARING MEETING DATE: 01/24/17 01/12/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL Officer Loeffler presented the case and gave its history. Exhibits were presented. As of today, January 24, 2017, the property is currently not in compliance with violations, 115-3, 108-9, 108- 24, and 168-6. The City is requesting a compliance time of 10 days or be fined $50.00 per day per violation. Member Odom, seconded by Vice-Chair Carrington, moved that in Case #17-005, the respondent be found in violation for code violations 115-3, 108-9, 108-24 and 168-6 as cited as of November 12 2016, and be given until February 3, 2017, to come into compliance or be fined $50 per violation per day. Motion carried unanimously. OTHER BUSINESS Case No. 16-116 Safavi Corp Officer Loeffler 606 Catwood Drive Mehr Rahmatullah Violation Cited: 108-24D, 115-3, 165-3, A 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. 61 Page 08/24/16 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 ORDER OF CONTINUANCE MEETING DATE 10/25/2016 10/25/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 09/08/16 OF 165-3A. TO COMPLY BY 11/11/16 OR FINE OF $50.00 PER DAY AS LONG AS VIOLATIONS REMAIN IN NON COMPLIANCE. 11/01/16 AFFIDAVIT OF COMPLIANCE OFFICER LOEFFLER Officer Loeffler reported the property is in full compliance. No further action was required by the Board. Case No. 16-128 Angelica Ruiz Officer Siegrist 2638 Cedar Bluff Lane Ivan Ruiz Violation Cited: LDC 6-4H (6)(b), 119-2 Observation: One (1) "Diamond Cargo" enclosed box trailer/yell FL tag #CQW W74/exp. Apr. 17/parked on side yard without fencing for screening. Operating a business ("El Cactus Azul") within Corporate City limits without a current/valid City Occupational License. 09/30/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/11/16 10/11/16 STATEMENT OF VIOLATIONS 10/11/16 NOTICE OF HEARING MEETING DATE: 10/25/16 10/11/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL 10/25/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED OF 119-12 ON 10/10/16. TO COMPLY BY 11/09/16 OR FINE OF $50.00 PER DAY UNTIL IN COMPLIANCE. 11/10/16 AFFIDAVIT OF COMPLIANCE OFFICER SIEGRIST Officer Loeffler reported the property is in full compliance No further action was required by the Board. 7IPage Case No. 16-129 Stanley C Wasilczyk Officer Siegrist 903 Satin Leaf Circle Violation Cited: 115-3, 108-19A,C Observation: Occupancy(Christopher S. Buehrer)in violation of Minimum Housing Standards; no potable water connection and related. Overgrown and tall weeds and grass. 09/28/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/14/16 10/14/16 STATEMENT OF VIOLATIONS 10/14/16 NOTICE OF HEARING MEETING DATE: 10/25/16 10/14/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL 10/25/16 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED FOR 115-3 & 108-19(A)(C). TO COMPLY BY 11/25/16 OR FINE OF $50.00 PER DAY FOR EVERY DAY THE VIOLATIONS REMAIN IN NON-COMPLIANCE. Officer Loeffler reported the property is in full compliance. No further action was required by the Board. COMMENTS Chairman Lowery introduced the new recording clerk, Amber Landry and new Board Member Brad Lomneck. He also mentioned that the board is in need of two additional members. Member Odom wished everyone a Happy New Year. She stated she was very happy that the board is still in place, and is looking forward to working with everyone. Vice-Chairman Carrington also welcomed new Board Member Brad Lomneck, and Recording Clerk Amber Landry. Thanked the staff for a job well done, and wished everyone a Happy New Year. Board Attorney Mary Sneed - Stated it was nice to see everyone. Member Osborne welcomed everyone one and wished all a Happy New Year. Officer Loeffler thanked the citizens, and noted that we had many citizens that came into compliance during the two month gap. Asst. Support Services Director- Code Enforcement Manager Doug Gaines—Welcomed the board back, stated the city missed them. Chairman Lowery — Stated he was glad to be back, believes we are off to a great start. SIPage Thanked the citizens and city staff for a job well done. Meeting adjourned at 7:45 p.m. ATTEST: AP' • ED: / La.rdjICI ir.. Amber Landry, CEB Recordii 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. Wage