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HomeMy WebLinkAbout11-28-2017 Minutes CODE ENFORCEMENT BOARD MINUTES November 28, 2017 Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:02 pm 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, Member Lomneck, Member Lewis and Member Murray. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Diaz, Edward Loeffler, Teresa Rodriguez and Robert Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Amber Landry. ABSENT: None 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 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 17-066 Timothy M Walter 1819 Prairie Lake Blvd Kathleen S Walter 17-068 Sabrina Davis 611 N Lakewood Ave Nell 4 LLC 17-080 Garcia Juan C Carapia 202 Audrey Street 17-083 Octavio Toledo 1103 Sabrina Drive Milagro Toledo • C. Order of Continuance (January 23, 2018 Meeting) 17-075 American Homes 4 Rent 250 Misty Meadow Drive Properties Three, LLC 17-079 Chevon Stallworth 4991 Timber Ridge Trail Vernet Stallworth D. Removed from Agenda 05-051 Crawford Tire Services Inc. 110 Taylor Street do Margaret Crawford and Crawford Tire Co. Raymond Crawford Jr. Tr. Gary A. Crawford, Dana Crawford Vice-Chairman Carrington, seconded by Member Odom, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. Vice-Chairman Carrington, second by Member Lomneck, moved that Cases #17-074, #17-081 and#17-070 be heard at the beginning of the agenda and then revert back to the original agenda with case #17-044 and all subsequent cases. 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, 01F-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. 17-074 West Orange Properties V LLC Officer Diaz 432 Ocoee Apopka Rd Violation Cited: LCD 6-14C (g),I(4) Observation: SEMI-TRAILERS STORED IN VIOLATION OF CODE. PARKING/STORING CARROLL FULMER SEMI TRACTOR-TRAILERS ON GRASS. 7/12/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 10/17/17 BC 11/09/17 STATEMENT OF VIOLATIONS BC 11/09/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/09/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/09/17 AFFIDAVIT OF POSTING OFFICER DIAZ BC Officer Diaz presented the case and gave its history. Officer Diaz further explained that as of November 28, 2017, the property is in compliance. However, the case was presented as this is an ongoing concern. Darryl Hunsicker, who resides at 6617 Nina Rosa Drive Orlando, FL 32819, appeared before the Board as a Representative for Gary Crawford the owner of West Orange Properties V LLC and explained that the trailer presented in the photo is not a trailer that belongs to West Orange Properties. He conveyed that neither West Orange Properties nor any company representatives have given permission to park on the lot. He voiced that they have an ongoing problem with unauthorized trucks and trailers parking in their lot. He further noted that large telephone poles were installed to avoid parking on this lot; however, they were knocked down. He repeatedly confirmed that he does not know who the trailers and trucks belong to. Member Odom questioned if anyone had reported this matter to the Police Department. Mr. Hunsicker stated they have not. Assistant Support Services Director — Code Enforcement Manager Doug Gaines informed Mr. Hunsicker that as the property owner he has the right to remove the trucks and trailers from the property by having them towed. Vice-Chairman Carrington suggested a "no trespassing" sign with a tow notice. He also recommended contracting with a tow company to remove unwanted vehicles. Chairman Lowery explained this is an issue West Orange Properties LLC will need to monitor closely in order to avoid fines in the future; and further, highly recommended installing the signs. Member Lomneck, seconded by Vice-Chairman Carrington, moved that in Case #17-074 the respondents be found in violation as cited as of July 12, 2017, and be found in compliance of November 28, 2017, and that no fine be assessed at this time. Motion carried unanimously. Case No. 17-081 Angel M Matos Officer Loeffler 1201 Russell Drive Paul J Matos Violation Cited: LDC 6-4H(6)(b)(c), 108-24D, 115-3A(3) Observation: In-operable, expired tag / no-tag trailer and RV camper stored in back yard and not screened from view with a six foot (6') opaque fence and gate. RV camper has long ago expired tag and evidence in-operation including flat tires and covering of mold and dirt. Trailer has no tag and is sinking into dirt. Additionally a pile of old outdoor furniture is behind trailer and RV.AII conditions constituting a nuisance to the public health, safety and welfare and creating a blighted effect upon the neighborhood and the city proper. 09/05/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/13/17 BC 11/13/17 STATEMENT OF VIOLATIONS BC 11/13/17 NOTICE OF HEARING MEETING DATE: 11/28/17BC 11/13/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/14/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of November 28, 2017, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $25.00 per day thereafter that the violation remains in non-compliance. Angel Matos, property owner who resides at 1201 Russell Drive Ocoee, FL 34761, addressed the board and explained that he does not deny the concerns brought before the board. He expressed that he has been unable to correct the issues and requests an extension until the end of December to resolve the matter. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-081 the respondents be found in violation as cited as of October 15, 2017, and be given until December 29, 2017, to come into compliance or be fined $25.00 per day per violation until found in compliance. Motion carried unanimously. Case No. 17-070 Kelly Michelle Panchou Officer Rodriguez 109 Lafayette Street Jason Wade Panchou Violation Cited: 165-4 Observation: Untagged / Expired Tag/Inoperable Vehicle on the property. 08/15/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/29/17 BC 10/24/17 STATEMENT OF VIOLATIONS BC 10/24/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 10/26/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/08/17 AFFIDAVIT OF POSTING OFFICER RODRIGUEZ BC Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of November 28, 2017, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $25.00 per day/per violation thereafter that the violation remains in non-compliance. Jason Panchou, property owner that resides at 109 Lafayette Street Ocoee, FL 34761, addressed the board and explained that he does not deny the concerns brought before the board. However, prior to Officer Rodriguez's citation he was unaware that he was violating a City Code. He expressed remorse and requested a 15 day extension. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #17-070 the respondents be found in violation as cited as of August 30, 2107, and be given until December 15, 2017, to come into compliance or be fined$25.00 per day until found in compliance. Case No. 17-044 Devin Glover Officer Siegrist 2410 El Marra Drive Julia Glover Violation Cited: 165-3, 168-6 Observation: One (1) Corvette/ gry/ FL tag #BG1 005/exp. May-12/ all parked in backyard on grass. Also weeds and grass over 10". 06/06/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 06/2717 BC 07/03/17 STATEMENT OF VIOLATIONS BC 07/03/17 NOTICE OF HEARING MEETING DATE: 08/22/17 BC 07/03/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of November 28, 2017, the property is in compliance. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-044 the respondents be found in violation as cited as of June 21, 2017, and be found in compliance as of November 28, 2017, and that no fine be assessed at this time. Motion carried unanimously. Case No. 17-076 Ernesto Rodriguez Officer Loeffler 1001 Doreen Ave Violation Cited: 115-3B, 115-3A(3), 108-24D, 168-6B Observation: Overgrown and tall weed and grass growth over' 10." Inoperable untagged expired tag truck parked upon grass side yard loaded with old rolls of carpeting. Misc. junk, trash, debris, beer cans littering property. Vehicles parking upon unsurfaced/unimproved front yard grass. 10/17/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/06/17 BC 11/06/17 STATEMENT OF VIOLATIONS BC 11/06/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/06/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/09/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of November 28, 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. Member Odom, seconded by Vice-Chairman Carrington, moved that in Case #17-076 the respondents be found in violation as cited as of November 3, 2107, and be given until December 13, 2017, to come into compliance or be fined $50.00 per day per violation until found in compliance. Case No. 17-077 Hun Tran Officer Loeffler 3544 MaCauley Ct Truc Mai Thai Violation Cited: 51-13 Observation: Unpermitted plumbing and low voltage pump; discharging ground water onto adjoining below grade property. 09/25/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/06/17 BC 11/09/17 STATEMENT OF VIOLATIONS BC 11/09/17 NOTICE OF HEARING MEETING DATE: 11/28/17BC 11/09/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/09/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of November 28, 2107, the property is in compliance. Member Lomneck seconded by Vice-Chairman Carrington moved that in Case #17-077 the respondents be found in violation as cited as of October 11, 2017, and be found in compliance of November 28, 2017, and that no fine be assessed at this time. Motion carried unanimously. Case No. 17-078 Ralph P. Kitchens Sr. Estate Officer Loeffler 1003 Burgoyne Street Violation Cited: 115-3A(3), 165-3A, 165-4A Observation: Misc. Junk & debris littering property. Untagged / expired tag in- operable vehicle with evidence of abandonment parked next to driveway. 10/16/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/06/17 BC 11/09/17 STATEMENT OF VIOLATIONS BC 11/09/17 NOTICE OF HEARING MEETING DATE: 11/28/17BC 11/09/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/09/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of November 28, 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. Member Odom, seconded by Vice-Chairman Carrington, moved that in Case #17-078 the respondents be found in violation as cited as of October 31, 2107, and be given until December 13, 2017, to come into compliance or be fined $50.00 per day per violation until found in compliance. Motion carried unanimously. Case No. 17-082 Juan M Gutierrez Officer Loeffler 1001 Sabrina Drive Maria G Prieto Violation Cited: 165-3A, 168-6B(1), 115-3B Observation: Expired tag vehicle; tall weeds and grass under vehicle — parked upon surfaced unimproved grass lawn. 10/17/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/14/17 BC 11/15/17 STATEMENT OF VIOLATIONS BC 11/15/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/15/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/15/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of November 28, 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. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-082 the respondents be found in violation as cited as of November 1, 2107, and be given until December 13, 2017, to come into compliance or be fined $50.00 per day per violation until found in compliance. Motion carried unanimously. Case No. 17-084 Michael Gordon Officer Siegrist 2600 Cedar Bluff Lane Valjean New Kevin Richard New Violation Cited: 165-3A Observation: One (1) Acura Integra/ beige/ NO TAG/ parked in front driveway. 08/21/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/15/17 BC 11/15/17 STATEMENT OF VIOLATIONS BC 11/15/17 NOTICE OF HEARING MEETING DATE: 11/28/1 BC 11/15/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/15/17 AFFIDAVIT OF POSTING OFFICER SIEGRIST BC Asst. Support Services Director- Code Enforcement Manager Doug Gainesstated that this case should have been dismissed at the beginning of the meeting. Vice-Chairman Carrington, seconded by Member Lomneck, moved that Case #17-084 be dismissed. Motion carried unanimously. • Case No. 17-085 Jerry W McNair Officer Loeffler 5143 Log Wagon Road Patricia L McNair Violation Cited: 165-3A, 168-4A, 115-3(3) Observation: Expired tag, in-operable vehicle on property, blocking pedestrian sidewalk and protruding into right-of-way, dangerously held in place by wood blocks on a steep down-grade driveway. 10/24/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/15/17 BC 11/15/17 STATEMENT OF VIOLATIONS BC 11/15/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/15/17 ALL DOCUMENTS SENT BY REG. &CERTIFIED MAIL BC 11/15/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC Asst. Support Services Director- Code Enforcement Manager Doug Gaines stated that this cause should have been dismissed at the beginning of the meeting. Vice-Chairman Carrington, seconded by Member Lomneck, moved that Case #17-085 be dismissed. Motion carried unanimously. OTHER BUSINESS Case No. 17-057 Francisco Delgado Officer Loeffler 1512 Jemima Ave 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 Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chairman Carrinjton, second by Member Lomneck, moved that in Case #17-057 to impose fines as of November 4, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-059 Ernesto Rodriguez Officer Loeffler 1001 Doreen Ave 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 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 #17-059 to impose fines as of November 13, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-069 Brian E Davis Officer Diaz 307 Ohio Street Violation Cited: 108-35, 108-3(2), 108-19AC, 108-22, 6-4H, 108-24CD, 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: 09/26/17BC 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 reported that Mr. Davis has worked very hard and was able to bring most violations into compliance. There is one violation still in non-compliance. Officer Diaz recommended an extension until December 22, 2017, to come into full compliance. Vice-Chairman Carrington, second by Member Odom, moved that in Case #17-069 the compliance date be extended until December 22, 2017. Motion carried unanimously. DECEMBER MEETING Chairman Lowery raised the matter about whether or not there would be a December meeting. Vice-Chairman Carrington, seconded by Member Lomneck, moved to cancel the December 26, 2017, Code Enforcement Meeting, and resume in January 2018. Motion carried unanimously. COMMENTS Member Odom - Wished everyone a joyous and peaceful Christmas. Vice-Chairman Carrington - Thanked everyone for all of the hard work. Welcomed the new board members and wished Happy Holiday's to all. Board Attorney Mary Sneed - Noted that it was great having a full board, and that she looks forward to having a quorum moving forward. She also wished everyone a Happy Holiday and Happy New Year. Member Lewis - Wished everyone a happy and safe Holiday season. He looks forward to working with the board in the New Year. Member Lomneck - Raised the question of moving the meeting time to align with the City Commission meeting time, which is 6:15pm. Chairman Lowery stated this suggestion would need to be discussed at a meeting. Board Attorney Mary Sneed suggested adding it to the January Agenda. Asst. Support Services Director - Code Enforcement Manager Doug Gaines stated he would talk to the City Manager and determine what was required to present the request to the City Commission. Board Attorney Mary Sneed asked the board if the time suggested would work for the other board members. Vice-Chairman Carrington and Member Odom indicated the time would not work with their current schedule. Asst. Support Services Director - Code Enforcement Manager Doug Gaines also reminded the board that the start time needs to be considerate of the citizen's schedule as well. It was decided to leave the meeting time as it stands. Officer Diaz - Wished everyone a Merry Christmas and a Happy New Year. She also welcomed the new board members. Asst. Support Services Director- Code Enforcement Manager Doug Gaines -Noted that it is fantastic to see a full board! He then brought up the discussion of the Board Member's new shirt color. After a small exchange of ideas it was determined the new board shirt color would be a dark grey. The names on the shirt will be first initial and last name. He ended by wishing everyone a Happy Holiday. Chairman Lowery - Thanked the board for a job well done, and recognized the hard work from the board, as they have grown and overcome a lot this past year. He explained that this is a volunteer board and acknowledged the board member's devotion to the City and their desire to better the City. He thanked the Officers for a job well done and Administrative Assistant Coffey for keeping things well organized. He then offered his condolences to Mr. Lewis on the loss of his loved one. He ended by wishing everyone a safe and Happy Holiday Season. See you next year! Meeting adjourned at 7:59 pm ATTEST: : 'PROV D: Ot-rnt 6-nCiA /.4 Amber Landry, CEB Recordi Jerk Darrell Lowery, is rman / 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.