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Home My WebLink About10-24-2017 Minutes CODE ENFORCEMENT BOARD MINUTES October 24, 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. Member Odom 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, Member Odom, Member Lomneck, and Member Murray. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Diaz and Edward Loeffler; Administrative Assistant Bridgett Coffey, and Recording Clerk Amber Landry. ABSENT: Vice-Chairman Carrington and Member Lewis 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 May 23, 2017, Code Enforcement Board Meeting. Assistant Support Services Director — Code Enforcement Manager Doug Gaines presented the dismissals/compliances. B. Dismissal or Compliance. 17-032 C. Order of Continuance,November 28, 2017 Meeting Case Number Respondent Location of Violation 17-044 Devin Glover 2410 El Marra Drive Julia Glover 17-066 Timothy M Walter 1819 Prairie Lake Blvd. Kathleen S Walter 17-068 Sabrina Davis 611 N. Lakewood Ave NELL 4 LLC 1iPage Member Odom 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 Member Odom second by Member Lomneck, moved that Case #17-069 be heard at the beginning of the agenda and then revert back to the original agenda with case #17-056 and all subsequent cases. Motion carried unanimously. No. 17-069 Brian E Davis Officer Diaz 307 West Ohio Street Violation Cited: 108-35, 108-3(2), 108-19A.C., 108-22, 6-4H(6)(b)(iii), 108-24C.D., 165-3 Observation: Attractive Nuisance, Unsanitary Living conditions without required approved City of Ocoee water service and No Duke Energy electricity since September 27, 2016, Duke Energy was out at this property in reference to power theft. RV on the property is also being used as living quarters for homeless people and illegal activities. Public nuisance Conditions constituting an extreme life safety danger. Extremely Unsecured house: Attractive Nuisance. Miscellaneous junk/debris on property. Untagged/Inoperable junk vehicles on the property. 07/20/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/30/17 BC 09/13/17 STATEMENT OF VIOLATIONS BC 09/13/17 NOTICE OF HEARING MEETING DATE: 09/26/17 BC 09/13/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 09/20/17 ORDER OF CONTINUANCE MEETING DATE: 10/24/17 BC Officer Diaz presented the case and gave its history. Officer Diaz further explained that as of October 24, 2017, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $150.00 21 Page per day/per violation thereafter that the violation remains in non-compliance. The City is also requesting authorization to abate the nuisance and assess cost to the fine. Officer Diaz then called neighboring resident, Vincent Baily, to attest to the activity going on at the property. Vincent Baily, neighboring property owner who resides at 301 Bay Street Ocoee, FL, confirmed that the testimony Officer Diaz presented was correct. He indicated that he has lived at his current residence for roughly fourteen years, and stressed that the camper has been on-site for at least four to five years possibly longer. He does not believe it is fair that he and other residents must remove boats from their front yard, yet this eye sore has been allowed for years. He then elaborated on Officer Diaz's testimony expressing his extreme concern regarding the financial interest and safety for himself, nearby residents and the City. He identified some of the issues he personally has dealt with; high volumes of traffic up and down the street throughout the night into the early morning hours, multiple items have been stolen from his property, his mail was taken and a check was illegally cashed, his vehicle was broken into which resulted in his cellphone being stolen. He has also had multiple tags stolen from his boat and trailer. One tag was found on a stolen vehicle being driven by Joe a houseguest of Brian Davis. He has found used heroin needles on his property. The police had a meth lab violation search at the residence. He found a house-guest of Mr. Davis' sleeping under his trailer on his property. Not to mention the endless hours of police, ambulance and other emergency vehicles responding to disturbance at the property during late hours of the night causing disruptions in his life. He pleaded with the Board to consider the violation of his rights and implored the City to rectify the problem as soon as possible. Brian Davis, property owner who resides at 307 West Ohio Street Ocoee, FL, addressed the board and explained that the property has been owned by his family since 1947. In 2016 when his father passed away he was deeded the property. Mr. Davis confirmed that the property has not had electricity since his father passed away. He stated that his father's passing has been a very difficult and emotional time for him. He stressed that he is working hard to get the situation under control, and believes that over the past few months he has made some progress. He explained that he is on SSI and therefore is working on a limited budget. He acknowledged that there is an abundant amount of work ahead of him, and asked for the board to consider these factors when making a decision. Member Odom inquired about the people living at the residence. Mr. Davis explained that they were non-paying guest some who were homeless and others that are friends. He stressed that he will be asking them to leave. Further discussion ensued. Member Lomneck, seconded by Member Odom, moved that in Case #17-069 the respondent be found in violation for codes 108-35, 108-3(2), 108-19A.C., 108-22, 6-4H(6)(b)(iii), 108-24C.D., 165-3 as cited as of August 7, 2107, and be given until November 2, 2017, to come into compliance or be fined$150.00 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. 31 Page No. 17-056 Esmanuel Grullon Officer Loeffler 1612 Doreen Avenue Violation Cited: 115-3B Observation: OVERGROWN AND TALL WEED AND GRASS GROWTH OVER 10". 07/30/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/09/17 BC 08/10/17 STATEMENT OF VIOLATIONS BC 08/10/17 NOTICE OF HEARING MEETING DATE: 08/22/17 BC 08/10/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 08/23/17 ORDER OF CONTINUANCE MEETING DATE: 10/24/17 BC 10/11/17 PROOF OF POSTING Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that this case is for recovery of cost due to an emergency abatement which was the result of overgrown weeds and tall grass during the canceled meeting period. During this time period the home became vacant and the City believed an emergency abatement was necessary. The abatement took place on August 30, 2017, by the City contractor. The City is requesting that the property be found in violation but in compliance as of August 30, 2017, by means of the City contractor. The City further requests that the cost of the emergency abatement be recorded against the property. Further discussion ensued. Member Odom, seconded by Member Lomneck, moved that in Case #17-056 the respondent be found in violation for code 115-3B as cited as of July 20, 2107, and be found in compliance as of August 30, 2017, and that no fine be assessed. Respondent, however, is ordered to pay the emergency abatement costs. Motion carried unanimously. No. 17-057 Francisco Delgado Officer Loeffler 1512 Jemima Avenue Violation Cited: 115-3B, 165-3, 168-6B (1) Observation: Overgrown and tall weed and grass growth over 10" Vehicle parked upon unsurfaced unimproved front yard grass. Three (3) in-operable untagged/expired tag vehicles on property. 06/05/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/08/17 BC 08/10/17 STATEMENT OF VIOLATIONS BC 08/10/17 NOTICE OF HEARING MEETING DATE: 08/22/17 BC 08/10/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 10/11/17 PROOF OF POSTING 4IPage Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of October 24, 2017, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $50.00 per day/per violation thereafter that the violation remains in non-compliance. Further discussion ensued. Member Lomneck, seconded by Member Odom moved that in Case #17-057 the respondent be found in violation for code 115-3B, 165-3, 168-6B(1) as cited as of June 20 2107, and be given until November 3, 2017, to come into compliance or be fined$50.00 per day per violation until found in compliance. Motion carried unanimously. No. 17-059 Ernesto Rodriguez Officer Loeffler 1001 Doreen Avenue Violation Cited: 115-3B, 115-4 Observation: OVERGROWN /TALL WEEDS AND GRASS IN BACK, FRONT,SIDE YARDS AND RIGHT- OF-WAY EASEMENT ALONG DOREEN AVENUE AND LADY AVENUE. 06/26/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/09/17 BC 08/10/17 STATEMENT OF VIOLATIONS BC 08/10/17 NOTICE OF HEARING MEETING DATE: 08/22/17 BC 08/10/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 08/22/17 ORDER OF CONTINUANCE MEETING DATE: 09/26/17 BC 09/20/17 ORDER OF CONTINUANCE MEETING DATE: 10/24/17 BC 10/11/17 PROOF OF POSTING Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of October 24, 2017, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $50.00 per day/per violation thereafter that the violation remains in non-compliance. Additionally, as this is a pedestrian safety issue the City is requesting authorization for abatement, and the costs ordered against the property. Further discussion ensued. Member Odom, seconded by Member Lomneck, moved that in Case #17-059 the respondent be found in violation for codes 115-3B and 115-4 as cited as of July 10, 2107, and be given until November 2, 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. 5IPage OTHER BUSINESS No. 17-035 Jamie E Grace Officer Loeffler 1204 Willow Creek Drive Violation Cited: 108-24D, 108-35 Observation: Spray painted gang 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 05/23/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED 115-3, 115-5, 108-24D, 108-35 AS OF 05/10/17 TO COMPLY BY 06/02/17 OR FINE OF $100.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. 06/03/17 AFFIDAVIT OF NON COMPLIANCE BC 08/15/17 AFFIDAVIT OF COMPLIANCE BC Officer Loeffler updated the board on the status of this case. The City contractor was able to access the property. They mowed the yard and painted over the gang graffiti. The City is requesting that the property be found in compliance as of August 15, 2017, by means of the City contractor, and that no fines are assed at this time. However, the City does requests that the cost of the abatement be recorded against the property. Further discussion ensued. Member Lomneck, seconded by Member Odom, moved that in Case #17-035 to impose abatement costs against the property. Motion carried unanimously. No. 17-030 Jimmie Dale Yawn Officer Loeffler 1101 Sabrina Drive Shirley Ann Leroy Temples Violation Cited: 115-3, 108-24D Observation: Older model pick-up truck parked upon unsurfaced portion of property, expired tag, sinking in dirt. Misc. junk, debris, scrap, old tires littering front side yard. Conditions constituting a nuisance and creating a blighted effected upon the neighborhood. 61 Page 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 05/23/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED 115-3, 108-24D AS OF 04/13/17. TO COMPLY BY 06/09/17 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. 08/10/17 AFFIDAVIT OF NON COMPLIANCE BC Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Member Odom, second by Member Lomneck, moved that in Case #17-030 to impose fines as of June 10, 2017, as previously set by this board. Motion carried unanimously. No. 17-028 Gary R Fehrman Officer Loeffler 327 Wurst Road 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 05/23/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED 165-3A, 108-24D AS OF 03/17/17. TO COMPLY BY 06/09/17 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. 08/10/17 AFFIDAVIT OF NON COMPLIANCE BC Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Member Odom, second by Member Lomneck, moved that in Case #17-028 to impose fines as of June 10, 2017, as previously set by this board. Motion carried unanimously. 7 ' Page COMMENTS Member Odom indicated that she is glad to be back. She emphasized that she is looking to move forward with the new Board Members and is very excited about additional meetings that will take place. She also addressed everyone, stating she is pleased to see everyone safe after Hurricane Irma. Board Attorney Mary Sneed stated that it was nice to see everyone and welcomed the new Board Member, Dennis Murray. Asst. Support Services Director - Code Enforcement Manager Doug Gaines expressed that he was pleased to see everybody again, and welcomed Member Murray to the Board. He voiced extreme appreciation to the residents and staff members that have worked hard over the past several months bringing properties into compliance. He revealed that the department is in a new budget year and would like the Board to consider a color for their new shirts. It was discussed that a decision will take place at the following meeting when all members are present. He then reminded everyone that the next board meeting is on November 28, 2017, the Tuesday after Thanksgiving. He concluded by wishing everyone a Happy Halloween and a Happy Thanksgiving. Member Odom asked if there were additional openings on the Board. Asst. Support Services Director - Code Enforcement Manager Doug Gaines confirmed that there are additional openings, as the Board consists of a total of nine members. Recording Clerk Amber Landry confirmed the open positions. Chairman Lowery welcomed the two new members, Member Murray and Member Lewis. He also thanked the commission for helping the board find new members. He asked everyone to please keep Officer Siegrist in their thoughts and prayers as he recently suffered a heart-attack, but is recovering well. Officer Siegrist should be back next month. Chairman Lowery closed with thanking the City staff and City residences for a job well done. Meeting adjourned at 7:51pm ATTEST: A PPROVED: LO—f1thy. _/ Amber Landry, CEB Recording Clerk i smell Lower , Chairman i 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