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Home My WebLink About11-25-2003 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 25, 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 Member Henderson led the Invocation. The roll was called and a quorum was declared present. PRESENT: Chairman Linebarier, Members Chancey, Donenfeld, Godek, Henderson, Konicek, and Skiles. Also present were Building & Zoning Official Phelps, Enforcement Officers Braddy-Bagwell, Loeffler and Siegrist, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Maxwell. ABSENT: Vice-Chairman Lenko and 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. The Consent Agenda consisted of approval of Items A and B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, October 28, 2003. B. Order of Continuance—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 ATF-APPLICATION TO FORECLOSE CO-COMPLIANCE ORDER Code Enforcement Board Minutes November 25,2003 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 Loeffler, Siegrist and anyone intending to speak regarding a case. Member Konicek, seconded by Member Skiles, moved to hear Case Nos. 03-003291, and 03- 002719 to the top of the Agenda. Motion carried 7-0. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 03-003291 —Cypress Colony Inc. & Gregg Wright, Registered Agent 0 Maguire Road Officer Loeffler Violation Cited: 115-5; 115-3 09-26-03 NOCV Re-Inspection Date: 10-31-03 11-11-03 SOV 11-11-03 NOH Meeting Date: 11-25-03 11-12-03 POS Certified Mail 11-12-03 POS Certified Mail Registered Agent, Gregg Wright Observation: Overgrown/tall, weed/grass undergrowth and vegetation within large abandoned, hazardous water/sewer facility dilapidated with missing sections. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Byron Carter representative for Cypress Colony stated the grass/weeds have been mowed and the fence has been repaired. Building And Zoning Official Phelps stated the property owners would be required to go through the necessary steps before demolition of the water treatment plant is permitted. Mr. Carter stated the water treatment plant would be secured as soon as possible but there is no time line as to when the whole problem can be expected to be alleviated. Attorney Sneed asked Mr. Carter if Cypress Colony was waving any objections to proper service of notice and Mr. Carter said they were. 2 Code Enforcement Board Minutes November 25,2003 Building and Zoning Official Phelps stated the records indicate that the Cypress Colony is the owner of the property in question and he is concerned that if there is no time compliance order in place, nothing may be done to correct the violations. Mr. Phelps further stated he would like to see no more than 90 days given to comply and that the interior fence be repaired within 14 days. Member Konicek, seconded by Member Skiles, moved in Case No. 03-003291 to find the Respondent in violation of Section 115-5 and 115-3 as of October 6, 2003, but to give until December 5, 2003, to secure the area around the water treatment plant or impose fine of$100 a day and to give until February 26, 2004, to comply with all violations or impose fine of $150 a day. Motion carried 7-0. Case No. 03-002719—Virginia R. Kelley 465 Meadows 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 09-23-03 OOC For 60 days 09-24-03 NOH Meeting Date: 11-25-03 10-06-03 POS Certified 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. Building and Zoning Official Phelps stated the Respondents were given the option of paying the variance fee or applying for the wavier of the fee to proceed with the Variance. Mr. Phelps further stated the Respondent knew a permit was required for the driveway and the driveway was installed without a permit. Owner Richard Kohlmeier, having been sworn, stated he has done everything he has been asked to do by the City and he would like to get this resolved. He further stated things should have never gone this far and he did try to get a permit but it was denied. Mr. Kohlmeier further stated the paperwork just sits on someone's desk for weeks and he wants to get this resolved whether he has to pay the $500 or what ever it is. He also asked why the property right across the street did not get cited for the same violation and he does feel he should have to pay for a variance for 64 sq. ft. of concrete and if someone would look into the records,they would see that his neighbor did not get a permit for their driveway. Member Henderson asked the Respondent if someone led him to believe that the variance fee would be waved. Mrs. Kelley stated that Commissioner Howell led the Respondents to 3 Code Enforcement Board Minutes November 25,2003 believe that the variance fee could be waved. Building and Zoning Official Phelps stated that cutting a two-foot section out of the driveway would bring the property into compliance. Member Chancey, seconded by Member Skiles, moved in Case No. 03-002719 to find the Respondent in violation of Section 51-13 as of August 10, 2003, but to give until February 20, 3004, to comply or impose fine of$25 a day. Motion carried 7-0. Recess 7:55 p.m. —8:07 p.m. 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 09-23-03 OOC 09-24-03 NOH Meeting Date: 10-28-03 10-06-03 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 09-23-03 OOC 09-24-03 NOH Meeting Date: 10-28-03 10-06-03 POS Certified Mail Observation: Interior office walls, rooms installed within an open warehouse without required permit(s), review and inspections. Code Enforcement Loeffler stated that the City of Ocoee is requesting a continuance of Case No. 03-001006 until the January 2004, Code Enforcement Board Meeting. Member Chancey, seconded by Member Konicek, moved to continue Case No. 03-001006 until the January 2004, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 7-0. L 4 Code Enforcement Board Minutes November 25,2003 Case No. 03-003292—Edwin & Deborah Colon 2011 Shari Lynn Terrace Officer Loeffler Violation Cited: 108-24 D; 165-3 09-09-03 NOCV Re-Inspection Date: 11-03-03 11-12-03 SOV 11-12-03 NOH Meeting Date: 11-25-03 11-12-03 POS Certified Mail 11-12-03 POS Regular Mail Observation: Miscellaneous junk, trash, auto-parts and debris littering yard. Multiple (3) untagged, inoperable vehicles on property. Old appliances and equipment. Code Enforcement Officer Loeffler gave a detailed history of the Case and stated the property is in compliance. Member Skiles, seconded by Member Donenfeld, moved in Case No. 03-003292 to find the Respondents in violation of Section 108-24 D and 165-3 as of September 24, 2003, but to find the Respondents in compliance of Section 165-3 as of October 11, 2003, and Section 108-24 D as of November 14, 2003, and no fine or penalty imposed. Motion carried 7-0. Case No. 03-002801 —Shaun & Christy G. Tibby 1615 Mona Avenue Officer Siegrist Violation Cited: 51-13 08-12-03 NOCV Re-Inspection Date: 08-26-03 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 09-23-03 OOC 09-26-03 NOH Meeting Date: 10-28-03 10-07-03 POS Certified Mail 10-07-03 POS Regular Mail 10-09-03 POS Posting 10-28-03 CO Given until 11-04-03 or pay$50 per day 11-06-03 AONC Observation: Concrete broken and mostly removed with bobcat, front driveway without permit. Obtain permit at City Hall. Code Enforcement Officer Siegrist stated the property is in non-compliance. Member Chancey, seconded by Member Konicek, moved in Case No. 03-002801 to impose fine and lien. Motion carried 7-0. L 5 Code Enforcement Board Minutes November 25,2003 Chairman Linebarier stated that Case No. 03-00002902 is in compliance but there is a fine due of$650.00. Mark N. & Katrina D.Johnson 1602 Little Spring Hill Drive Officer Siegrist Violation Cited: 115-5 09-05-03 NOCV Re-Inspection Date: 09-17-03 10-07-03 SOV 10-07-03 NOH Meeting Date: 10-28-03 10-07-03 POS Certified Mail 10-07-03 POS Regular Mail 10-08-03 POS Posting 10-28-03 CO Given until 11-04-03 or pay$50 per day 11-06-03 AONC 11-18-03 AOC Total Days (13) $650.00 Observation: Grass over grown 10". Member Chancey, seconded by Member Henderson, moved in Case No. 03-002902 to impose fine and lien of$650.00. Motion carried 6-1 with Member Skiles voting no. OTHER BUSINESS Code Enforcement Officer Siegrist stated in Case No. 03-002715 the property is in compliance. Building and Zoning Official Phelps stated there has been a change of owner in Case No. 03-002715. 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 Member Donenfeld—Good to have Chairman Linebarier back. Member Godek—Happy Holidays to all. Member Henderson—Happy Holidays. Member Chancey—Happy Holidays. Member Konicek—Happy Holidays. Member Skiles—Happy Thanksgiving and Merry Christmas. Chairman Linebarier—Happy Holidays. Deputy City Clerk Maxwell—None L 6 Code Enforcement Board Minutes November 25,2003 ADJOURNMENT Meeting adjourned at 8:22 p.m. Attest: APPROVED: e 04, / renda Maxwell, eputy City Clerk /John Linebarier, Chairman L L 7