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Home My WebLink About05-23-2017 Minutes CODE ENFORCEMENT BOARD MINUTES May 23, 2017 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 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 Odom, and Member Lomneck, Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Diaz, Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Amber Landry. ABSENT: Member Blynder and Member Osborne 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 April 25, 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 17-017 D & J Concrete Inc. 502 Nicole Blvd 17-024 Jose R Granados 701 Lakeview Drive Brittany M Granados 17-025 Paul M Gray 415 E Lakeshore Drive Dorothy E Gray 17-026 Amanda Michelle Cooper 107 Burnt Tree Court 11Page 17-027 Yuqing Fann 323 Wurst Road Sheng Zhang 17-033 Florante V Cachero 111 Burnt Tree Court Loida D Cachero C. Order of Continuance. Case Number Respondent Location of Violation None Vice-Chairman Carrinjton seconded by Member Lomneck 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 No. 17-022 Angelica Ruiz Officer Siegrist 2638 Cedar Bluff Lane Ivan Ruiz Violation Cited: 6-4H(6)(b) Observation: One (1) "Diamond Cargo" enclosed box trailer/yel/FL tag#CQW W74/exp. Apr. 17/parked on side yard without fencing for screening. 04/13/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: BC REPEAT VIOLATION 04/14/17 STATEMENT OF VIOLATIONS BC 04/14/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 04/14/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 21 Page Officer Siegrist presented the case and gave its history. He stated that this case is being presented as a repeat violation. The original case was heard on October 25, 2016, Case #16- 0128. Exhibits were presented. Officer Siegrist further explained that as of May 23, 2017, the property is still in non-compliance. Further discussion ensued regarding the violations cited at the October 25, 2016, meeting. To err on the side of caution, Assistant Support Services Director-Code Enforcement Manager Doug Gaines decided to present this case as an initial violation. The City requested an order of compliance within 15 days or be fined $50.00 per day thereafter that the violation remains in non-compliance. Angelica Ruiz, property owner who resides at 2638 Cedar Bluff Lane Ocoee, FL, stated that she has purchased a gate, which will arrive on Wednesday, May 24, 2017. She also stated that she has pulled a permit with the City to install the fence. Officer Siegrist confirmed that she does have a fence permit(#0889-2017). Ms. Ruiz explained that she recently obtained the funds to remove a tree before installing the gate, and that the tree will be removed on Wednesday, May 24, 2107. Assistant Support Services Director-Code Enforcement Manager Doug Gaines and Officer Siegrist both explained to Mrs. Ruiz that a tree removal permit will be needed prior to removing the tree. Ms. Ruiz expressed that she has a permit. Officer Siegrist clarified to her that the permit (#0889- 2017) is to install a fence and that a separate permit is required to remove the tree. Ms. Ruis stated that she will pull a tree removal permit. Ms. Ruiz requested two weeks to come into compliance. Further discussion ensued. Vice-Chairman Carrington , seconded by Member Odom moved that in Case #17-022, the respondent be found in violation for code 6-4H(6)(b) as cited as of April 12, 2017, and be given until June 9, 2017, to come into compliance or be fined $50.00 per day until found in compliance. Motion carried unanimously. Case No. 17-023 Bank of NY Mellon Trustee Officer Siegrist 2049 Applegate Drive do Select Portfolio Servicing Inc. Violation Cited: 115-6, 108-230, 108-23I, L & 108-23 E (2) Observation: Dirty swimming pool water. Damaged screens. Missing window(s). Damaged roof soffit. 03/29/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/14/17 BC 04/17/17 STATEMENT OF VIOLATIONS BC 04/17/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 04/17/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 31 Page Officer Siegrist presented the case and gave its history. Exhibits were presented. Officer Siegrist further explained that as of May 23, 2017, the property is still in non-compliance. The City is requesting an order of compliance within 30 days or be fined $25.00 per day/per violation thereafter that the violation remains in non-compliance. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Odom moved that in Case #17-023, the respondent be found in violation for codes 115-6, 108-230, 108-23I,L & 108-23 E(2) as cited as of April 13, 2107, and be given until June 9, 2017, to come into compliance or be fined $50.00 per day per violation until found in compliance. Further authorize the City to abate the property and assess cost to the fine. Member Lomneck requested an amendment to the motion. He requested that fees be assessed at $150.00 per day per violation. Further discussion ensued. As no second was made to his motion, amendment died. Original Motion: Vice-Chairman Carrington, seconded by Member Odom moved that in Case #17-023, the respondent be found in violation for codes 115-6, 108-230, 108-23I,L & 108-23 E(2) as cited as of April 13, 2107, and be given until June 9, 2017, to come into compliance or be fined$50.00 per day per violation until found in compliance. Further authorize the City to abate the property and assess cost to the fine. Motion carried unanimously. Case No. 17-028 Gary R Fehrman Officer Loeffler 327 Wurst Rd Violation Cited: 165-3A, 108-24D Observation: 2 inoperable, missing tag / expired tag vehicles on property; back yard and front driveway with evidence of abandonment constituting a nuisance and creating a blighted effect upon the neighborhood. 03/02/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/13/17 BC 05/09/17 STATEMENT OF VIOLATIONS BC 05/09/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 05/09/17 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 May 23, 2017, the property is still in non-compliance. The City is requesting an order of compliance within 15 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Officer Loeffler noted that he was unable to tell if the home is abandoned. 4IPage Member Odom, seconded by Vice-Chairman Carrington, moved that in Case #17-028, the respondent be found in violation for codes 165-3A and108-24D as cited as of March 17, 2017, and be given until June 9, 2017, to come into compliance or be fined $50.00 per day per violation until found in compliance. Motion carried unanimously. Case No. 17-029 May Ocampo Officer Loeffler 1976 Key Lime Street Violation Cited: 105.4.1.2 Observation: ABANDONED, EXPIRED PERMIT WITH NO FINAL INSPECTION: PERMIT #0988-2016 03/27/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 05/08/17 BC 05/09/17 STATEMENT OF VIOLATIONS BC 05/09/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 05/09/17 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 May 23, 2017, the property is still in non-compliance. The City is requesting an order of compliance within 30 days or be fined $25.00 per day thereafter that the violation remains in non-compliance. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #17-029, the respondent be found in violation for code 105.4.1.2 as cited as of April 12, 2107, and be given until June 23, 2017, to come into compliance or be fined $30.00 per day until found in compliance. Motion carried unanimously. Case No. 17-030 Jimmie Dale Yawn Officer Loeffler 1101 Sabrina Ave Shirley Ann Leroy Temples Landa Carl Temples Violation Cited: 115-3, 108-24D Observation: Older model pick-up truck parked upon unsurfaced potion of property, expired tag, sinking in dirt. Misc. junks, debris, scrap, old tires littering front side yard. Conditions constituting a nuisance, and creating a blighted effect upon the neighborhood. 04/03/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 05/08/17 BC 05/09/17 STATEMENT OF VIOLATIONS BC 05/09/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 05/09/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Loeffler presented the case and gave its history. Exhibits were presented. Officer SIPage Loeffler further explained that as of May 23, 2017, the property is still in non-compliance. The City is requesting an order of compliance within 15 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Further discussion ensued. Member Odom, seconded by Member Lomneck, moved that in Case #17-030, the respondent be found in violation for codes 115-3 and 108-24D as cited as of April 13, 2017, and be given until June 9, 2017, to come into compliance or be fined $50.00 per day per violation until found in compliance. Motion carried unanimously. Case No. 17-034 Lois Benaglio Officer Diaz 220 W Ohio Street Pamela Hernandez Violation Cited: 165-2,165-3,165-4A.B.(1)(a)(b)(2)C., 165-7,165-8A.B., 165-9 Observation: Two (2) Vehicle(s) untagged, and inoperable on property. 04/26/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 05/10/17 BC 05/10/17 STATEMENT OF VIOLATIONS BC 05/10/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 05/10/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Diaz presented the case and gave its history. Exhibits were presented. Officer Diaz further explained that as of May 23, 2017, the property is still in non-compliance. The City is requesting an order of compliance within 5 days or be fined $50.00 per day thereafter that the violation remains in non-compliance. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #17-034, the respondent be found in violation for code 165-3 as cited as of May 09, 2017, and be given until May 31,2017, to come into compliance or be fined $50.00 per day until found in compliance. Motion carried unanimously. Case No. 17-035 Jamie E Grace Officer Loeffler 1204 Willow Creek Drive Violation Cited: 115-3, 108-24D, 108-35, 115-5 Observation: Spray painted graffiti on exterior of structure visible from street. Junk, litter all over property. Tall weeds and grass. Unsecured rear window with evidence of criminal egress. 04/10/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 05/11/17 BC 05/11/17 STATEMENT OF VIOLATIONS BC 05/11/17 NOTICE OF HEARING MEETING DATE: 05/23/17 BC 05/11/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC Wage Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of May 23, 2017, the property is still in non-compliance. This property has a long history of code violations with the City. It is a repeat violator with accruing fines. The City is requesting abatement to paint over the gang graffiti, board up windows, remove debris from the yard and mow. Further discussion ensued. Vice-Chairman Carrinzton, seconded by Member Lomneck, moved that in Case #17-035, the respondent be found in violation for codes 115-3, 108-24D, 108-35, and 115-5 as cited as of May 10, 2017, and be given until June 2, 2017, to come into compliance or be fined$100.00 per day per violation until found in compliance. Further authorize the City to abate the property and assess cost to the fine. Motion carried unanimously. OTHER BUSINESS Case No. 17-013 Ignacio Mendoza-Andrade Officer Siegrist 1202 Center Street Richard Mendoza Violation Cited: 51-13 Observation: Work without permit. New slab, column posts and porch roof in backyard. 02/17/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03/07/17 BC 03/08/17 STATEMENT OF VIOLATIONS BC 03/08/17 NOTICE OF HEARING MEETING DATE: 03/28/17 BC 03/08/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 03/28/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON 02/25/17 TO COMPLY BY 05/30/17 OR FINE OF $25.00 PER DAY UNTIL IN COMPLIANCE. 05/09/17 AFFIDAVIT OF COMPLIANCE OFFICER SIEGRIST BC Officer Siegrist reported the property is in full compliance. No further action was required by the Board. 7IPage Case No. 17-016 Maranna Leyia Rogers Officer Loeffler 1206 Russell Drive Violation Cited: 168-6B(1), 115-3, 6-4H(6)(b) Observation: 3 trailers parked in prohibited areas; front area. Vehicles parked upon unsurfaced unimproved front yard grass. 02/08/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/17/17 BC 03/15/17 STATEMENT OF VIOLATIONS BC 03/15/17 NOTICE OF HEARING MEETING DATE: 03/28/17 BC 03/15/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 03/28/17 ORDER OF CONTINUANCE MEETING DATE 04/25/2017 Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chairman Carrington, second by Member Lomneck, moved that in Case #17-016 to impose fines as of May 13, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-019 John T Schnell Estate Officer Diaz 221 S Kissimmee Avenue Violation Cited: 115-5, 115-3 Observation: Overgrown grass or weeds. Miscellaneous junk/debris on property. 02/28/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03/23/17 BC 03/23/17 STATEMENT OF VIOLATIONS BC 03/23/17 NOTICE OF HEARING MEETING DATE: 04/25/17 BC 03/23/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC Officer Diaz recommended an order of non-compliance, requesting that the board impose fine and lien. Member Odom, second by Vice-Chairman Carrington, moved that in Case #17-019 to impose fines as of May 6, 2017, as previously set by this board. Motion carried unanimously. 81 Page Case No. 17-021 Antonio 0 De La Officer Loeffler 485 Kindling Court Maria Luisa Soto Violation Cited: 115-3, 108-24D 03/20/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/11/17 BC 04/11/17 STATEMENT OF VIOLATIONS BC 04/11/17 NOTICE OF HEARING MEETING DATE: 04/25/17 BC 04/11/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Observation: Stacks of old vehicle tires and wheels; rear yard, along fence line, visible to pedestrians, motorists and residents along Adair Street. A condition constituting a nuisance and creating a blighted effect upon the neighborhood and the city. Officer Loeffler reported the property is in full compliance. No further action was required by the Board. COMMENTS Vice-Chairman Carrington - Announced that the Code Enforcement Board is in need of new members. Member Lomneck - Stressed his desire for the City staff and other board members to consider raising the assessed fees. Asst. Support Services Director - Code Enforcement Manager Doug Gaines - Addressed Member Lomneck's concerns about the fines. He explained that several years ago the City Commission, Code Enforcement Board and City staff held a meeting and all agreed to reduce the fines to a more reasonable amount. The problem with the higher fee was that a property would quickly accumulate a fine in excess of $600,000. They would then go in front of the City Commission requesting a lien reduction through the City's Lien Reduction Program. This program, if approved caps a code violation at $5,000. In order to avoid this step it was agreed by all parties to lower the fees. He noted that the program is working. By working with the residents the City is bringing in more revenue than in the past. Chairman Lowery - Expressed his gratitude to all involved, for doing an excellent job. He addressed Member Lomneck's concerns and voiced his appreciation for Member Lomneck's opinion on the matter at hand. He encouraged more discussion on issues of this nature. He then conveyed the urgent need for new board members. Currently there are five (5) vacancies, three (3) regular board members and two (2) alternates. He encouraged Ocoee residents to stop by the City Clerk's office and apply. Meeting adjourned at 7:59pm 91 Page • ATTEST: APPROVED: CLrobk),- dl ,. Amber Landry, CEB Record' Clerk 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. 10IPage