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Home My WebLink About02-28-2017 Minutes CODE ENFORCEMENT BOARD MINUTES February 28, 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 Lomneck 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 Bob Siegrist; Administrative Assistant Bridgett Coffey, 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 January 24, 2017, 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 17-007 Carl F. Setje 1615 Ison Lane Theresa N. Setje 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 1iPage 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. 17-008 Ernestine L Brown Officer Siegrist 2116 Richfield Cove Dr. Ramona C Brown Violation Cited: 108-23Q Observation: Six (6) ft.wooden fence in disrepair with missing slats and fallen sections(s). 01/12/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/14/17 BC 02/15/17 STATEMENT OF VIOLATIONS BC 02/15/17 NOTICE OF HEARING MEETING DATE: 02/28/17 BC 02/15/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC Officer Siegrist presented the case and gave its history. Exhibits were presented. Officer Siegrist stated that he re-inspected the property on February 28, 2017. The property is still not in compliance; however, a fence permit has been applied for. City requested a compliance time of 30 days, followed by a fine of$25.00 per day thereafter until found in compliance. Ramona Brown, property owner at 2116 Richfield Cove Dr. Ocoee, FL, stated that they have contracted a fence repair person. Ms. Brown requested a 60 day extension, and further explained that a deposit was paid and the company has pulled a permit. However, they have not received confirmation of when they will start installing the new fence. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Osborne, moved that in Case #17-008 the respondent be found in violation for code violation 108-23Q, as cited as of February 12, 2017, and be given until May 1, 2017, to come into compliance or be fined $25.00 per violation per day. Motion carried unanimously. 2IPage Case No. 17-009 Susan E Stewart Officer Loeffler 2002 Shari Lynn Terrace Violation Cited: 115-3, 108-35, 165-3, & 115-5 Observation: Overgrown / tall weeds, grass and vegetation encompassing entire property and structure; blocking egress, view and endangering the physical structure. Conditions constituting a public nuisance, an attractive nuisance to juveniles and criminals, creating a blighted effect upon the neighborhood and the city as a whole. Danger to the public health, safety and welfare. Inoperable, expired tag vehicle front driveway covered in a film of dust, dirt and leaves. 11/15/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/17/17 BC 02/17/17 STATEMENT OF VIOLATIONS BC 02/17/17 NOTICE OF HEARING MEETING DATE: 02/28/17 BC 02/17/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Loeffler presented the case and gave its history. Exhibits were presented. Officer Loeffler further explained that as of today, February 28, 2017, the property remains in violation of all four (4) codes sited. The city is recommending $25 per day per violation, with 15 days compliance time, and wishes to seek abatement. Susan E. Stewart, property owner at 2002 Shari Lynn Terrace, currently resides at 112 Lake Gem Drive, Longwood, FL expressed financial hardship. She explained that she currently owes two (2) years of past taxes as well as the current year. She is in the process of trying to sell the home before the end of the month to avoid a forced tax sell. She has an interested buyer and hopes to close a deal soon. However, due to the financial hardship she will be selling the property as is, and cannot address three (3) of the issues before the board. She can remove the car tomorrow and is requesting until the end of the month to find a buyer to address the additional three (3) violations. Further discussion ensued. Original Motion: Member Lomneck, seconded by Member Odom, moved that in Case #17-009, the respondent be found in violation as cited for code violations 115-3, 108-35. 165-3 & 115-5 as cited as of November 30, 2016, and be given until March 27, 2017, to come into compliance or be fined $25.00 per violation per day. Further authorize the city to abate should the property become vacant and assess cost to the fine. Further discussion ensued. 31 Page Amendment: Vice-Chairman Carrington, seconded by Member Osborne, amended the original motion to change the 30 day compliance time to a 15 day compliance time, giving the respondent until March 13,2017, to come into compliance or be fined$25.00 per violation per day.. Amendment Motion carried unanimously. Motion as Amended: Member Lomneck, seconded by Member Odom, moved that in Case #17-009, the respondent be found in violation as cited for code violations 115-3, 108-35. 165-3 & 115-5 as cited as of November 30, 2016, and be given until March 13, 2017, to come into compliance or be fined $25.00 per violation per day. Further authorize the city to abate should the property become vacant and assess cost to the fine. Motion carried unanimously. Case No. 17-010 Kristina Settie Officer Loeffler 1218 Russell Drive Minu Settie Violation Cited: 51-13 Observation: Unpermitted construction; masonry elevated deck block and paver. 11/26/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/17/17 BC 02/17/17 STATEMENT OF VIOLATIONS BC 02/17/17 NOTICE OF HEARING MEETING DATE: 02/28/17 BC 02/17/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Loeffler presented the case and gave its history. Exhibits were presented. Officer Loeffler further explained that as of February 28,2017, the property remains in violation. The city is recommending $25 per day per violation, with 15 day compliance time. Further discussion ensued. Member Odom, seconded by Vice-Chairman Carrington, moved that in Case #17-010, the respondent be found in violation for code violation 51-13, as cited as of January 26, 2017, and be given until March 15, 2017, to come into compliance or be fined$25.00 per violation per day. Motion carried unanimously. OTHER BUSINESS 4IPage Case No. 16-124 Padarath Lutchman Officer Rodriguez 762 Lancer Circle Anne Marie Lutchman Violation Cited: 115-6, 108-7,108-23E(1)(2)O,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 BC 09/20/16 STATEMENT OF VIOLATIONS BC 09/20/16 NOTICE OF HEARING MEETING DATE: 09/27/16 BC 09/20/16 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 10/25/16 ORDER OF CONTINUANCE MEETING DATE: 11/22/16 BC 11/02/16 ORDER OF CONTINUANCE MEETING DATE: UNSCHEDULED BC 12/08/16 ORDER OF CONTINUANCE MEETING DATE: 01/24/16 BC 01/24/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED BC ON 9/14/16 TO COMPLY BY 02/24/17 OR FINE OF $50 PER DAY PER VIOLATION. Assistant Support Services Director - Code Enforcement Manager Doug Gaines reported the property is in full compliance. No further action was required by the Board. 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 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, school walk-way. 10/15/16 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/31/16 BC 51 Page 01/09/17 STATEMENT OF VIOLATIONS BC 01/09/17 NOTICE OF HEARING MEETING DATE: 01/24/17 BC 01/11/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 01/24/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED. BC TO COMPLY BY 02/02/17 OR FINE $50.00 PER DAY PER VIOLATION. AUTHORIZE CITY TO ABATE THE PROPERTY IMMEDIATELY IF PROPRETY SHOULD BECOME VACANT. Officer Loeffler recommended an order of non-compliance, requesting that the board impose fines and lien. Vice-Chairman Carrinwton, second by Member Lomneck, moved that in Case #17-001 to impose fines as of February 3, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-004 William R Haygood Officer Loeffler 2638 Cedar Bluff Lane 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 BC 01/12/17 STATEMENT OF VIOLATIONS BC 01/12/17 NOTICE OF HEARING MEETING DATE: 01/24/17 BC 01/12/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 01/24/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED 115-5 & 165-3 TO COMPLY BY 02/24/17 OR FINE $25.00 PER DAY, PER VIOLATION. Officer Loeffler stated that the property is still in non-compliance; however he did receive a phone call from Patricia Haygood in which she stated that she has had two (2) additional surgeries since the last meeting, and was able to obtain the title for the vehicle as of today, February 28, 2017. Vice-Chairman Carrin'ton, second by Member Lomneck, moved that in Case #17-004 to impose fines as of February 25, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-005 Judy Baker Estates Officer Loeffler 61 Page 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, 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 BC 01/12/17 STATEMENT OF VIOLATIONS BC 01/12/17 NOTICE OF HEARING MEETING DATE: 01/24/17 BC 01/12/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 01/14/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED AND TO COMPLY BY 02/03/17 OR FINE OF $50.00 PER DAY, PER VIOLATION. Office Loeffler reported the property is in full compliance. No further action was required by the Board. COMMENTS Vice—Chairman Carrington thanked the staff for a job well done. Asst. Support Director — Code Enforcement manager Doug Gaines wished every a Happy Mardi Gras, and then announced that last week the Commission passed an ordinance to establish a Special Magistrate. The Special Magistrate will hear Code Enforcement Commercial cases. Mr. Andrew Hand will be handling these cases for the City. He also handles the Red Light Hearing cases. He will start hearing cases within the next few months. He further explained to the board that they will still be handling the residential cases. Chairman Lowery thanked the citizens and City staff for a job well done. Meeting adjourned at 7:33 p.m. 7jPage ATTEST: • 'P'OVED: ' QriflIck► Lai / 1 / er Landry, CEB Reco g Clerk 6 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. 81 Page