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HomeMy WebLinkAbout03-25-2003 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MARCH 25,2003 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:30 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and Member Donenfeld led the Invocation. The roll was called and a quorum was declared present. PRESENT: Chairman Linebarier, Members Chancey, Godek, Henderson, Konicek, Skiles, and Alternate Member Donenfeld. Also present were Enforcement Officers Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Maxwell. ABSENT: Vice-Chairman Lenko and Alternate Member Stanley,who were excused. 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. tkilW The Consent Agenda consisted of approval of Items A and B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, February 25,2003. B. Order of Continuance—(Meeting: April 22,2003)-None C. Order of Dismissal-None Member Henderson, seconded by Member Konicek, moved to approve the Consent Agenda as presented. Motion carried 7-0. 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 CS-CONTINUED STAY Code Enforcement Board Minutes March 25,2003 CTR-COPY TO RESPONDENT EX-EXHIBITS FS-FEES STAYED NOCV-NOTICE OF CODE VIOLATION NOH-NOTICE OF HEARING OAF-ORDER AUTHORIZING FORECLOSURE OIF/L-ORDER IMPOSING FINE/LIEN ONC-ORDER OF NON-COMPLIANCE OOC-ORDER OF CONTINUANCE PDFS-PER DAY FINE SUSPENDED POS-PROOF OF SERVICE RFR-REQUEST FOR REHEARING; RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE ROF-REDUCTION OF FINE SOV-STATEMENT OF VIOLATION(S) Permitting Clerk Ramos administered the oath to Code Enforcement Officers Loeffler, Siegrist, and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Member Konicek, seconded by Member Skiles, moved to adopt testimony in Case Nos. 03- 023 and 03-024 as same and to move Cases Nos. 03-023 and 03-024 to the top of the agenda. Motion carried 7-0. Case No. 03-023—Clayton J. Colvin 140 S. Bluford Avenue Officer Loeffler Violation Cited: 115-3 02-28-03 NOCV Re-Inspection Date: 02-26-03 02-28-03 SOV 02-28-03 NOH Meeting Date: 03-25-03 03-03-03 POS Certified Mail 03-03-03 POS Regular Mail Observation: Old mechanical equipment with tarps,miscellaneous debris,storage racks,junk and debris behind shop. Case No. 03-024-Pizza Plus, Inc. 140 S. Bluford Avenue Officer Loeffler Violation Cited: 115-3 02-28-03 NOCV Re-Inspection Date: 02-26-03 02-28-03 SOV 02-28-03 NOH Meeting Date: 03-25-03 03-03-03 POS Certified Mail 03-03-03 POS Regular Mail Observation: Old mechanical equipment with tarps,miscellaneous debris,storage racks,junk and debris behind shop. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the cases, stated the Respondents are repeat violators and said the property is in compliance. Respondent Mrs. Colvin stated the property is in compliance. Chairman Linebarier advised Mrs. Colvin this is the third violation for the same situation and to be prepared for a penalty to be imposed. Respondent Chas Warner stated the property is in compliance. 2 Code Enforcement Board Minutes March 25,2003 L Member Chancey, seconded by Member Henderson, moved in Case No. 03-023 to find the Respondent in violation of Section 115-3 as of February 26, 2003, as a repeat violator but in compliance as of March 24, 2003, and to impose a fine of$20 per day for a total of$520. Motion carried 5-2 with Members Skiles and Donenfeld voting no. Member Chancey, seconded by Member Godek, moved in Case No. 03-024 to find the Respondent in violation of Section 115-3 as of February 26, 2003, as a repeat violator but in compliance as of March 24, 2003, and to impose a fine of$30 per day for a total of$780. Motion carried 5-2 with Member Skiles and Donenfeld voting no. Case No. 02-079-Edward J. Terry TR c/o S A Tarr 253 Ocoee-Apopka Road Violation Cited: 115-5; 108-33(1)(3)&(6) Officer Loeffler 11-25-02 NOCV Re-Inspection Date: 12-11-02 12-18-02 SOV 12-18-02 NOH Meeting Date: 01-28-03 12-18-02 POS Certified Mail 01-28-03 OOC 01-30-03 NOH Meeting Date: 02-25-03 01-30-03 POS Certified Mail 01-30-03 POS Regular Mail 01-30-03 POS Posting 02-25-03 OOC 02-27-03 NOH Meeting Date: 03-25-03 02-27-03 POS Certified Mail 02-27-03 POS Regular Mail Observation: Main, large storefront window broken-out; homeless persons accessing building via same. Roof leaking, interior ceiling collapsing,water damaged and falling down. Grass and weeds around vacant building overgrown. Code Enforcement Officer Loeffler stated the City of Ocoee is asking for a continuance in Case No. 02-079. Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-079 until the April 22, 2003, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 7-0. Case No. 02-084-W J Milner& Co. of Florida 850 Maguire Road Officer Loeffler Violation Cited: 108-33(11)(3)(5)&(6) 11-01-02 NOCV Re-Inspection Date: 11-19-02 12-20-02 SOV 12-20-02 NOH Meeting Date: 02-25-03 12-20-02 POS Certified Mail 01-28-03 OOC 01-30-03 NOH Meeting Date: 02-25-03 01-30-03 POS Certified Mail 01-30-03 POS Regular Mail 02-25-03 OOC 02-27-03 NOH Meeting Date: 03-25-03 02-27-03 POS Certified Mail 02-27-03 POS Regular Mail 3 Code Enforcement Board Minutes March 25,2003 Observation: Retail sales area,roof leaking wet-water damaged broken hanging ceiling tiles,insulation,and water damage to ceiling light fixtures. Code Enforcement Officer Loeffler presented exhibits, gave a brief history of the case and stated the property is in compliance. Member Chancey, seconded by Member Konicek, moved in Case No. 02-084 to find the Respondents in violation of Section 108-33(11)(3)(5)&(6) as of November 16, 2002, but in compliance as of March 25, 2003, and no fine or penalty imposed. Motion carried 7-0. Case No. 03-017-David M.Dorman, Michael D. Dorman, & Emily S. Dorman 295 Highbrooke Boulevard Officer Loeffler Violation Cited: 51-90(105.1) 01-13-03 NOCV Re-Inspection Date: 02-10-03 02-12-03 SOV 02-12-03 NOH Meeting Date: 02-25-03 02-12-03 POS Certified Mail 02-12-03 POS Certified Mail 02-12-03 POS Certified Mail 02-12-03 POS Regular Mail 02-25-03 OOC 02-27-03 POS Certified Mail 02-27-03 POS Certified Mail 02-27-03 POS Certified Mail 02-27-03 POS Regular Mail Observation: No final inspection for screen enclosure. Initial final inspection failed 03-07-02. Code Enforcement Officer stated the City of Ocoee is requesting dismissal of the Case No. 03-017. Member Konicek, seconded by Member Skiles, moved to dismiss Case No. 03-017 as requested by the City of Ocoee. Motion carried 7-0. Case No. 03-025—Carolyn B. Mitchell TR 312 Maguire Road Officer Simon Violation Cited: 119-2 01-21-03 NOCV Re-Inspection Date: 02-20-03 03-14-03 SOV 03-14-03 NOH Meeting Date: 03-25-03 03-14-03 POS Certified Mail 03-14-03 POS Regular Mail Observation: Unitec Sales moved and did not obtain an Occupational License for new address. Building Clerk Ramos stated the City of Ocoee is asking for a continuance in Case No. 03- 025 until the April 22, 2003, Code Enforcement Board Meeting. Member Konicek, seconded by Member Skiles, moved at the request of the City of Ocoee to continue Case No. 03-025 until the April 22, 2003, Code Enforcement Board Meeting. Motion carried 7-0. Chairman Linebarier stated that Case Nos. 02-076, 02-077 and 03-008 are in compliance. L 4 Code Enforcement Board Minutes March 25,2003 Case No. 02-063—Gilbert R. McCoy 375 Enterprise Street Officer Loeffler Violation Cited: 108-35;115-3;115-5 08-27-02 NOCV Re-Inspection Date: 09-27-02 10-10-02 SOV 10-10-02 NOH Meeting Date: 10-22-02 10-10-02 POS Certified Mail 10-22-02 OOC 10-22-02 NOH Meeting Date: 11-26-02 10-22-02 POS Certified Mail 11-26-02 OOC 11-26-02 NOH Meeting Date: 01-28-03 12-02-02 POS Certified Mail 12-02-02 POS Posting 01-28-03 CO Given until 03-14-03 or pay$100 per day Observation: Stacks of old tires,miscellaneous junk and debris. Overgrown/tall weeds/grass. Old tires,complainants advising health safety concerns with unattended tires at location. Code Enforcement Officer Loeffler stated the property is in non-compliance. Member Chancey, seconded by Member Konicek, moved in Case No. 02-063 to impose fine and lien of$100 per day as of March 15, 2003. Motion carried 7-0. Case No. 03-018—Pedro Flores 736 N. Lakeshore Avenue Officer Loeffler Violation Cited: 51-90(105.1) 01-13-03 NOCV Re-Inspection Date: 02-10-03 02-12-03 SOV 02-12-03 NOH Meeting Date: 02-25-03 02-12-03 POS Certified Mail 02-12-03 POS Regular Mail 02-25-03 CO Given until 03-07-03 per day or pay$100 per day Observation: Porch addition and roof over not installed correctly. No final or re-inspection performed. Code Enforcement Officer Loeffler stated the City of Ocoee is requesting dismissal of Case No. 03-018. Member Konicek, seconded by Member Henderson, moved to dismiss Case No. 03-018 at the request of the City of Ocoee. Motion carried 7-0. COMMENTS Attorney Sneed—None Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler—None Permitting Clerk Ramos—None Chairman Linebarier - Asked Administrative Assistant Maxwell to make the necessary 5 Code Enforcement Board Minutes March 25,2003 (w amendments to the Code Enforcement Rules and Guidelines and bring the revised documents to the next meeting. Member Chancey —Asked if the time change for the board meting could be put on the water bill. Administrative Assistant Maxwell III said it could also be announced on OGTV and the City of Ocoee web site. Member Donenfeld—None Member Godek-None Member Konicek-None Member Henderson —Asked if the Code Enforcement Meeting time could be changed from 7:00 p.m. to 7:30 p.m. After discussion from the Code Enforcement Board and staff the consensus was to change the meeting time from 7:00 p.m. to 7:30 p.m. Member Skiles -None Administrative Assistant III Maxwell-None Member Henderson, seconded by Member Donenfeld, moved to change the Code Enforcement Board Meeting time from 7:30 p.m. to 7::00 p.m. Motion carried 7-0. ADJOURNMENT Meeting adjourned at 8:428 p.m. Attest: APPROVED: • 4t11)-81CL I . - Al 0/1•A'") Brenda Maxwell,Administrative Assistant III ihn Linebarier,Chairman L 6