The URL can be used to link to this page

Home My WebLink About09-23-2003 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING SEPTEMBER 23, 2003 CALL TO ORDER Vice-Chairman Lenko called the regular meeting of the Ocoee Code Enforcement Board to order at 7:03 p.m. in the Commission Chambers at City Hall. Vice-Chairman Lenko 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: Vice-Chairman Lenko, Members Chancey, Donenfeld, Godek, Henderson, Konicek, Skiles, and Alternate Member Stanley. Also present were Building & Zoning Official Phelps, Enforcement Officers Braddy-Bagwell, Loeffler and Siegrist, Zoning Inspector Dunford, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Maxwell. ABSENT: Chairman Linebarier, 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, August 26, 2003. B. Order of Continuance—(Meeting: October 28, 2003) -None C. Order of Dismissal-None Member Konicek, seconded by Member Donenfeld, 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 (1100 ATF-APPLICATION TO FORECLOSE CO-COMPLIANCE ORDER CS-CONTINUED STAY Code Enforcement Board Minutes September 23,2003 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 Chancey, seconded by Member Konicek, moved to hear Case Nos. 03-002719 and 02-063 as the first items on the agenda. Case No. 03-002719—Virginia R. Kelley 465 Meadow Sweet Court Officer Siegrist Violation Cited: 51-13 08-01-03 NOCV Re-Inspection Date: 09-05-03 09-09-03 SOV 09-09-03 NOH Meeting Date: 09-23-03 09-10-03 POS Certified Mail 09-10-03 POS Regular Mail Observation: Widened driveway(slab) without a permit. Code Enforcement Officer Siegrist, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Respondent Virginia Kelley stated that Richard Kolmeier was her husband and he would be speaking on her behalf. Richard Kolmeier, having been sworn, stated he was trying to improve his property by having his driveway widened and he did not realize that the contractor did get a permit for the project. Zoning Inspector Dunford, having been sworn, stated the Land Development Code states that a drive way must maintain a two-foot clearance between the property line and the edge of the concrete. 2 Code Enforcement Board Minutes September 23,2003 Danny Howell 895 Marlene Drive, having been sworn stated there are five homes in the area with the same driveways and the driveway does not effect any utility or drainage easements and something should be worked out for the driveway to be in compliance. Member Henderson, seconded by Member Skiles, moved in Case No. 03-002719 to continue the case until the November 23, 2003, Code Enforcement Board Meeting. Motion carried 7-0. Case No. 02063—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 03-25-03 OIFL As of 03-15-03 $100 per day 08-19-03 AOC 08-19-03 OIFL Total Due $15,700 09-08-03 RFR/ROF 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, having been sworn, presented exhibits, gave a detailed history of the case and stated the respondent made a great effort to bring the property into compliance. Respondent Gilbert McCoy, having been sworn, stated he did not know the expense he was getting into when he took the property from the previous owner as a payment for money owed to him. Code Enforcement Officer Loeffler stated approximately$106 was incurred in staff time. Member Chancey, seconded by Vice-Chairman Lenko, moved in Case No. 02-063 to reduce the fine to $500 if paid by October 21, 2003. Motion failed 2-5 with Members Donenfeld, Konicek, Henderson, Godek, and Skiles voting no. L 3 Code Enforcement Board Minutes September 23,2003 Member Skiles, seconded by Member Donenfeld, moved in Case No. 02-063 to reduce the fine to $106 if paid within 20 days. Motion carried 5-2 with Members Lenko and Chancey voting no. Case No. 03-001006—Lowrie W. Brown III 301-C Enterprise Street Officer Loeffler Violation Cited: 51-13 03-14-03 NOCV Re-Inspection Date: 08-14-03 08-20-03 SOV 08-20-03 NOH Meeting Date: 09-23-03 08-21-03 POS Certified Mail Observation: Interior office walls, rooms installed within an open warehouse without required permit(s), review and inspections. Case No. 03-001006—Pools of Jade, Inc. 301-C Enterprise Street Officer Loeffler Violation Cited: 51-13 03-14-03 NOCV Re-Inspection Date: 08-14-03 08-20-03 SOV 08-20-03 NOH Meeting Date: 09-23-03 08-21-03 POS Certified Mail Observation: Interior office walls, rooms installed within an open warehouse without required permit(s), review and inspections. Code Enforcement Officer Loeffler stated the City of Ocoee is requesting a continuance of Case No. 03-001006. Member Chancey, seconded by Member Konicek, moved to continue Case No. 03-001006 until the October 28, 2003, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 7-0. Case No. 03-001377—Mortgage Electronic Registration 2003 Lauren Beth Lane Officer Siegrist Violation Cited: 108-23Q 07-30-03 NOCV Re-Inspection Date: 08-18-03 09-11-03 SOV 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail 09-12-03 POS Regular Mail Observation: Fence falling down. Code Enforcement Officer Siegrist, having been sworn, stated the City of Ocoee is requesting dismissal of Case No. 03-001377. 4 Code Enforcement Board Minutes September 23,2003 Member Skiles, seconded by Member Donenfeld, moved to dismiss Case No. 03-001377 at the request of the City of Ocoee. Motion carried 7-0. Case No. 03-002553—Scott Pagano 5001 Water Wheel Court Officer Loeffler Violation Cited: 165-3; 115-3 07-30-03 NOCV Re-Inspection Date: 09-05-03 09-09-03 SOV 09-09-03 NOH Meeting Date: 09-23-03 09-10-03 POS Certified Mail Observation: Miscellaneous junk, trash and debris littering yard. Inoperable vehicle, Buick 4- door with expired tag and flat tire. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case and stated the property is in compliance. Member Chancey, seconded by Member Konicek, moved in Case No. 03-002553 to find the Respondent in violation of Section 165-3 and 115-3 as of August 6, 2003, but in compliance as of September 22, 2003, and no fine or penalty imposed. Motion carried 7-0. Case No. 03-002715—Clemente & Dorca Torres 624 Gallego Avenue Officer Siegrist Violation Cited: 165-3; 115-3 07-31-03 NOCV Re-Inspection Date: 08-25-03 09-11-03 SOV 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail 09-12-03 POS Regular Mail 09-12-03 POS Posting Observation: One Ford T-Bird, white, Florida tag #D16-WYK expired July 202, and miscellaneous trash and debris on property. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the case and stated the property is in non-compliance. Member Konicek, seconded by Member Skiles, moved to find the Respondent in Case No. 03- 002715 violation of Section 165-3 and 115-3 as of August 14, 2003, but to give until October 7, 2003, to comply or impose fine and lien of$50 per day. Motion carried 7-0. Case No. 03-002720—Bridget Gordon 14 S. Cumberland Avenue Officer Siegrist Violation Cited: 165-3 07-31-03 NOCV Re-Inspection Date: 08-19-03 09-11-03 SOV 5 Code Enforcement Board Minutes September 23,2003 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail 09-12-03 POS Regular Mail 09-12-03 POS Posting Observation: One Pontiac 1000, white, Florida tag# D63 K1K, expired November 2002, on side yard. Case No. 03-002720—Kathleen Brown 14 S. Cumberland Avenue Officer Siegrist Violation Cited: 165-3 07-31-03 NOCV Re-Inspection Date: 08-19-03 09-11-03 SOV 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail 09-12-03 POS Regular Mail 09-12-03 POS Posting Observation: One Pontiac 1000, white, Florida tag# D63 K1K, expired November 2002, on side yard. Code Enforcement Officer Siegrist, having been sworn, stated the City of Ocoee is requesting dismissal of Case No. 03-002720. L Member Skiles, seconded by Member Konicek, moved to dismiss Case No. 03-002720 at the request of the City of Ocoee. Motion carried 7-0. Case No. 03-002401 —Clarke Road, Inc. 1542 E. Silver Star Road Officer Siegrist Violation Cited: LDR(6-14)1J(iii); LDR(6-14)2J(i)(ii)(iii); 108-34A; 54-3 A(2)D 06-06-03 NOCV Re-Inspection Date: 09-04-03 09-11-03 SOV 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail Observation: 1) Irrigation system not operable 2) Grass mostly weeds and many bare spots 3) Shrubs-poor condition, many missing 4) Trash and debris 5) Dumpster gates missing 6) Rear exit personnel door without correct address Case No. 03-002401 —Blockbusters 1542 E. Silver Star Road Officer Siegrist Violation Cited: LDR(6-14)1J(iii); LDR(6-14)2J(i)(ii)(iii); 108-34A; 54-3 A(2)D 08-12-03 NOCV Re-Inspection Date: 08-23-03 09-11-03 SOV 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail Observation: 1) Irrigation system not operable 2) Grass mostly weeds and many bare spots 6 Code Enforcement Board Minutes September 23,2003 3) Shrubs-poor condition, many missing 4) Trash and debris 5) Dumpster gates missing 6) Rear exit personnel door without correct address Code Enforcement Officer Siegrist, having been sworn, stated the City of Ocoee is withdrawing the Case against the Respondents. (No Code Enforcement Board action to be taken in Case No. 03-002401) Case No. 03-002801 —Shaun & Christy G. Tibby 1615 Mona Avenue Officer Siegrist Violation Cited: 51-13 08-12-03 NOCV Re-Inspection Date: 08-23-03 09-11-03 SOV 09-11-03 NOH Meeting Date: 09-23-03 09-12-03 POS Certified Mail 09-12-03 POS Regular Mail 09-12-03 POS Posted Observation: Concrete broken and mostly removed with bobcat, front driveway without permit. Obtain permit at City Hall. Code Enforcement Officer Siegrist, having been sworn, stated the City of Ocoee is requesting continuance of Case No. 03-002801 until the October 28, 2003, Code Enforcement Board Meeting. Member Chancey, seconded by Member Skiles, moved to continue Case No. 03-002801 until the October 28, 2003, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 7-0. OTHER BUSINESS Building Official Phelps stated that he wanted the Code Enforcement Board to be aware that when Code Enforcement Officers come before the Code Enforcement Board with an estimated cost on a case, they are giving an estimate of man-hours that they have spent on the case during normal working hours, which does not include the attorney time or the overtime for the Code Enforcement Officers and the Building Clerk. COMMENTS Building Official Phelps—None Attorney Sneed—None Code Enforcement Officer Siegrist-None Code Enforcement Officer Loeffler-None Code Enforcement Officer Braddy-Bagwell—None Permitting Clerk Ramos—None 7 Code Enforcement Board Minutes September 23,2003 Member Donenfeld—None Member Godek—None Member Henderson—None Member Stanley—None Member Skiles -None Member Chancey-None Deputy City Clerk Maxwell — Asked the Code Enforcement Board Members to bring their Code Book to the next meeting for an update. ADJOURNMENT Meeting adjourned at 8:10 p.m. Attest: AP' ' OVED: Brenda Maxwell, Deputy City Clerk D•nise Lenko, Vice Chairman Lir L 8