The URL can be used to link to this page

Home My WebLink About06-24-2003 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JUNE 24, 2003 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and the Invocation. The roll was called and a quorum was declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members Chancey, Donenfeld, Godek, Henderson, Skiles and Alternate Member Stanley. Also present were Enforcement Officers Simon, and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Maxwell. ABSENT: Member Konicek, who was 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. The Consent Agenda consisted of approval of Items A, B and C. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, May 27, 2003. B. Order of Continuance—(Meeting: July 22, 2003)—None C. Order of Dismissal Case Number Respondent Location of Violation 03-000802 Charles Anasis 10 Franklin Street 03-001802 Sherill R. Harper 69 Sand Dollar Key Drive Harper Ray Trust Vice-Chairman Lenko, seconded by Member Skiles, 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: Code Enforcement Board Minutes June 24,2003 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 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 Simon, Siegrist, and anyone intending to speak regarding a case. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Vice-Chairman Lenko, seconded by Member Skiles, moved to dismiss Case Nos. 03-001060 and 03-001504 at the request of the City of Ocoee. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Skiles, moved in hear Case No. 03-002501 as the first item on the agenda. Motion carried 7-0. Case No. 03-002501 —Winfred L. Whitehead Estate 40 7th Street Officer Simon Violation Cited: 51-13 06-17-03 NOCV Re-Inspection Date: 06-13-03 06-17-03 SOV 06-17-03 NOH Meeting Date: 06-24-03 06-17-03 POS Certified Mail-Winfred L.Whitehead Estate Observation: Operating in the capacity of a contractor and failed to obtain required permitting for demolition work performed on another's property. The removal only part of the building left the remaining structure in an unsafe manner,hazardous to public safety. Construction and other debris left behind in yard. Case No. 03-002501 —Darrell Nunnelley 40 7`h Street Officer Simon Violation Cited: 51-13 06-17-03 NOCV Re-Inspection Date: 06-13-03 06-17-03 SOV 06-17-03 NOH Meeting Date: 06-24-03 06-17-03 POS Certified Mail-Winfred L.Whitehead Estate Observation: Operating in the capacity of a contractor and failed to obtain required permitting for demolition work performed on another's property. The removal only part of the building left the remaining structure in an unsafe manner,hazardous to public safety. Construction and other debris left behind in yard. L 2 Code Enforcement Board Minutes June 24,2003 Code Enforcement Officer Simon presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Building Official Phelps stated the structure was unsafe and un-repairable. He stated he was notified that a portion of the structure was destroyed which then brought forth a code violation due to no permit being obtained. Respondent, Joseph Whitehead stated he was not aware the structure was to be destroyed before the closing date. Respondent, Darryl Nunnelley, stated he could not get a permit to destroy the structure because the structure partially sat on another landowner's property and the structure had to be torn down before the closing date or the purchasers would not be able to obtain a loan. He further stated the debris would be removed within six days. Member Donenfeld, seconded by Vice-Chairman Lenko, moved in to dismiss Case No. 03- 002501 against the Respondent, Winfred L. Whitehead Estate. Motion carried 7-0. Vice-Chairman Lenko moved in Case No. 03-002501 to find the Respondent Darrell Nunnelley in violation of Section 51-13 as of June 13, 2003, and impose fine of$5,000 and to order the debris removed from the property by July 1, 2003. Motion failed due to lack of a second. Vice-Chairman Lenko, seconded by Member Henderson, moved to amend the immediate proceeding motion to include the violation was irreversible and irreparable. Motion carried 6 to 1 with Member Skiles voting no. Vice-Chairman Lenko, seconded by Member Henderson, moved in Case No. 03-002501 to find the Respondent Darrell Nunnelley in violation of Section 51-13 as of June 13 2003, and to impose fine of$3,000 and to order the debris removed from the property by July 1, 2003. Motion failed 3 to 4 with Members Skiles, Donenfeld, Chancey, and Godek voting no. Vice-Chairman Lenko, seconded by Chairman Linebarier, moved to amend the immediate proceeding motion to impose fine of$1,000. Motion failed 4 to 3 with Members Chancey, Godek, Donenfeld and Skiles voting no. Member Chancey, seconded by Member Henderson moved to find the Respondent Darrell Nunnelley in violation of Section 51-13 causing irreversible and irreparable damage as of June 13, 2003, and to impose fine of$500. Motion carried 4 to 3 with Chairman Linebarier, Vice-Chairman Lenko, and Member Henderson voting no. Vice-Chairman Lenko seconded by Chairman Linebarier moved in Case No. 03-002501 to give the Respondent until July 1, 2003, to remove the debris. 3 Code Enforcement Board Minutes June 24,2003 (kr Vice-Chairman Lenko moved to withdraw the motion. Recess 8:17 p.m. —8:35 p.m. Case No. 03-000913—Benjamine A. &Jamie M. Meeks 1002 Burgoyne Street Officer Simon Violation Cited: 115-3;108-23 Q; 108-19 F;SPC 606.3.4.1 05-16-03 NOCV Re-Inspection Date: 05-28-03 06-02-03 SOV 06-02-03 NOH Meeting Date: 06-24-03 06-03-03 POS Certified Mail 06-03-03 POS Regular Mail 06-13-03 POS Posting Observation: Did not schedule a Minimum Standards Re-Inspection to verify compliance. Code Enforcement Officer Simon requested a continuance in Case No. 03-000913 until the July Code Enforcement Board Meeting due to lack of proof of service. Member Donenfeld, seconded by Member Skiles, moved to continue Case No. 03-000913 at the request of the City of Ocoee until the July 22, 2003, Code Enforcement Board Meeting. Motion carried 7-0. Case No. 03-001078—Joel & Candida M. Farias 1608 Lady Avenue Officer Simon Violation Cited: 108-23 R(1); 108-23 N(1); 108-22; 108-23 I; 108-23 E; SPC 606.3.4.1;and 108-19A 05-09-03 NOCV Re-Inspection Date: 05-21-03 06-02-03 SOV 06-02-03 NOH Meeting Date: 06-24-03 06-03-03 POS Certified Mail 06-03-03 POS Regular Mail Observation: Did not schedule a Minimum Standards Re-Inspection to verify compliance. Code Enforcement Officer Simon requested a continuance in Case No. 03-01078 until the July Code Enforcement Board Meeting. Vice-Chairman Lenko, seconded by Member Skiles, moved to continue Case No. 03-001078 at the request of the City of Ocoee until the July 22, 2003, Code Enforcement Board Meeting. Motion carried 7-0. Case No. 03-001160—Robert J. Kane 1202 Baranova Road Officer Simon Violation Cited: 108-19 D;SPC 606.3.4; 108-24 D 05-15-03 NOCV Re-Inspection Date: 05-30-03 06-10-03 SOV 06-10-03 NOH Meeting Date: 06-24-03 06-10-03 POS Certified Mail 06-10-03 POS Regular Mail Observation: Did not schedule a Minimum Standards Re-Inspection to verify compliance. Code Enforcement Officer Simon gave a detailed history of the case and stated the property 4 Code Enforcement Board Minutes June 24,2003 is in non-compliance. Member Chancey, seconded by Vice-Chairman Lenko, moved in Case No. 03-001160 to find the Respondent in violation of Sections 108-19D; SPC 606.3.4.1 and 108-24 D as of May 26, 2003, but to give until July 1, 2003, to comply or impose fine of$100 a day. Motion carried 7-0. Case No. 03-001701 —Gopaty Ramnarain 1609 Lady Avenue Officer Siegrist Violation Cited: 115-3 05-09-03 NOCV Re-Inspection Date: 06-02-03 06-04-03 SOV 06-04-03 NOH Meeting Date: 06-24-03 06-05-03 POS Certified Mail 06-05-03 POS Regular Mail 06-05-03 POS Hand Delivery Observation: Dead tree,large in front yard. Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Donenfeld, moved in Case No. 03-001701 to find the Respondent in violation or Section 115-3 as of May 29, 2003, but to give until July 3, 2003, to comply or impose fine of$100 per day. Motion carried 7-0. Case No. 03-001905—Christopher Walton 11261 W. Colonial Drive Officer Simon Violation Cited: 51-13 05-15-03 NOCV Re-Inspection Date: 05-28-03 06-04-03 SOV 06-04-03 NOH Meeting Date: 06-24-03 06-05-03 POS Certified Mail 06-05-03 POS Regular Mail Observation: Commercial roof repairs done on Denny's Restaurant in Ocoee without required roof permit for alterations/repairs. Code Enforcement Officer Simon requested a continuance in Case No. 03-01078 until the July Code Enforcement Board Meeting. Vice-Chairman Lenko, seconded by Member Donenfeld, moved to continue Case No. 03- 001905 at the request of the City of Ocoee until the July 22, 2003, Code Enforcement Board Meeting. Motion carried 7-0. OTHER BUSINESS Chairman Linebarier stated the following Case Nos. were either dismissed or are in compliance: 03-039, 03-00365, 03-001527, 03-001802, 03-000802, 03-001060 and 03-001504. Chairman Linebarier opened the floor for election of the Chairman and Vice-Chairman term Liv ending June 2004. 5 Code Enforcement Board Minutes June 24,2003 tior Vice-Chairman Lenko, seconded by Member Henderson, moved to nominate John Linebarier as Chairman to the Code Enforcement Board, term ending June 2004. Motion carried 7-0. Member Donenfeld, seconded by Member Skiles, moved to nominate Denise Lenko as Vice- Chairman to the Code Enforcement Board, term ending June 2004. Motion carried 7-0. Chairman Linebarier and Vice-Chairman Lenko accepted the nominations. COMMENTS Building Official Phelps—None Attorney Sneed—None Code Enforcement Officer Siegrist—None Code Enforcement Simon — Announced she would be leaving the City of Ocoee for a position with Orange County Code Enforcement. Permitting Clerk Ramos—None Chairman Linebarier—Said Code Enforcement Officer Simon will be missed. Vice-Chairman Lenko-Wished everyone a happy, safe July 4`h. Member Donenfeld—Wished everyone a happy, safe July 4th Member Godek—None Member Henderson—None Member Stanley-None Member Chancey-None Deputy City Clerk Maxwell-None ADJOURNMENT Meeting adjourned at 9:00 p.m. 6 Code Enforcement Board Minutes June 24,2003 Low Attest: APPROVED: 1--Aaa9--0 _ Brenda Maxwell,Deputy City Clerk /'ohn Linebarier7Chairman L L 7