The URL can be used to link to this page

Home My WebLink About01-22-2002 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JANUARY 22, 2002 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 Henderson led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived 7:39 p.m.), Members Chancey, Donenfeld, Godek, Henderson, and Konicek. Also present were Attorney O'Quinn, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, and Administrative Assistant II Maxwell. ABSENT: Member Skiles and Member Solomon, 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, B, & C. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, January 22, 2002. B. Order of Continuance (Meeting: February 26, 2002) C. Order of Dismissal Case Number Respondent Location of Violation 1. 01-064 Luis & Austria Cordoves 2010 Shari Lynn Terrace Member Konicek, seconded by Member Donenfeld, moved to approve the Consent Agenda as presented. Motion carried 6-0. (Vice-Chairman Lenko had not yet arrived) 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: CS-CONTINUED STAY;EX-EXHIBITS; FS-FEES STAYED;NOCV-NOTICE OF CODE VIOLATION;NOH-NOTICE OF HEARING;SOV-STATEMENT OF VIOLATION(S);OOC-ORDER OF CONTINUANCE; NOW CO - COMPLIANCE ORDER; ONC - ORDER OF NON-COMPLIANCE; OIF/L- ORDER IMPOSING FINE/LIEN; AOC - AFFIDAVIT OF COMPLIANCE; ATF- APPLICATION TO FORECLOSE; RFR- REQUEST FOR REHEARING; RFRDUC- REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE;ROF-REDUCTION OF FINE;AONC-AFFIDAVIT OF NON- Code Enforcement Board Minutes January 22,2002 COMPLIANCE;PDFS-PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. Code Enforcement Supervisor Simon administered the oath to Code Enforcement Officers Loeffler and Siegrist. Attorney O'Quinn administered the oath to Code Enforcement Supervisor Simon. HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF HEARINGS Case No. 01-057 - Robert L. Bagley 2006 Paula Michelle Court Officer Siegrist Violation Cited: 108-12D,108-19D,108-22,108-23D,O,Q,108-24D,NEC 370-25,SPC 606.3.4.1 10-16-01 NOCV Re-inspection Date: 10-30-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail 11-27-01 OFC Meeting Date: 01-22-02 11-30-01 AOC 01-16-02 POS Hand Delivery Observation:Did not schedule a minimum standards re-inspection to verify compliance. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and stated the property is in compliance. Member Konicek, seconded by Member Godek, moved to find the Respondent in Case No. L. 01-057 in violation of Sections 108-12D, 108-19D, 108-22, 108-23 D,O,Q, 108-24D, NEC 370-25, and SPC 606.3.41 as of October 26, 2001, but in compliance as of November 30, 2001, and no fine or penalty imposed. Motion carried 6-0. (Vice-Chairman abstained from voting due to her arrival time) Vice-Chairman Lenko, seconded by Member Donenfeld, moved to move Case No. 02-003 to the third item on the agenda. Motion carried 7-0. Case No. 02-001 -Jaimini H. Patel 1659 Cambridge Village Officer Loeffler Violation Cited: 51-21 A 08-23-01 NOCV Re-Inspection Date: 12-11-01 01-04-02 SOV 01-04-02 NOH Meeting Date: 01-22-02 01-04-02 POS Certified Mail Observation: Permit application submitted 5-08-01 rejected,no further action. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a brief history of the Case and stated the property is in non-compliance. Speaking on behalf of the Respondent, Hiteshri Patel, having been sworn, stated her mother was not aware a permit was needed to close in the rear porch and when her mother applied for a permit it was denied due to not having drawings drawn by an engineer. Discussion ensued. L 2 Code Enforcement Board Minutes January 22,2002 cor Vice-Chairman Lenko, seconded by Member Henderson, moved to find the Respondent in Case No. 02-001 in violation of Section 51-21 A as of September 7, 2001, but to give until February 19, 2002, to comply or impose fine and lien of$200.00 per day. Motion carried 7- 0. Case No. 02-003 -Albert P. & Jeanne S. Heissler 735 Lakeview Drive Officer Loeffler Violation Cited: 108-23Q,108-35,115-3,165-3 11-27-01 NOCV Re-Inspection Date: 01-02-02 01-04-02 SOV 01-04-02 NOH Meeting Date: 01-22-02 01-04-02 POS Certified Mail Observation: Permit application submitted 5-08-01 rejected,no further action. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Respondent, Albert Heissler, having been sworn, stated he needs two months to clean up the area and get the vehicles running. Discussion ensued. Vice-Chairman Lenko, seconded by Member Donenfeld, moved to find the Respondents in Case No. 02-003 in violation of Sections 108-23Q and 108-35 as of December 12, 2001, but in compliance as of January 22, 2002, and no fine or penalty imposed and to be found in violation of Section 165-3 and 115-3 as of December 12, 2001, but to give until February 25, 2002, to comply or impose fine and lien of$100.00 per day. Motion carried 7-0. Chairman Linebarier advised the Respondent that he would be considered a repeat violator if there is a re-occurrence of any of these violations and a penalty could be assessed. Recess 8:20 p.m. to 8:30 p.m. Vice-Chairman Lenko, seconded by Member Konicek, moved to hear Case Nos. 02-008, 02- 009, 02-010 and 02-011 as the next items on the Agenda. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Konicek, moved to adopt testimony from Case No. 02-008 and 02-009 as same. Motion carried 7-0. Case No. 02-008 - Cypress Colony, Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: 108-33(11),108-33F,108-35,108-38,108-39A,C,D;NEPA 10-1.1,NEPA 7-1.1.1,NEPA 2-1 08-30-01 NOCV Re-Inspection Date: 01-07-02 01-11-02 SOV 01-11-02 NOH Meeting Date: 01-22-02 01-11-02 POS Certified Mail Observation: Five Life Safety violations involving building occupancy/public safety: Fire alarm disconnected-not functioning correctly. Fire sprinkler system disabled not functioning. Electrical violations: Water damaged electrical systems and equipment. Back-up generator not operable/functioning,not powering emergency back-up like-safety systems. Exit/egress systems/doors and hardware not operating/opening correctly. 3 Code Enforcement Board Minutes January 22,2002 Lir Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to continue Case No. 02-008 until the February 26, 2002, Code Enforcement Board Meeting at the request of the city. Motion carried 7-0. Case No. 02-009 - Colony Plaza Condominium Assoc., Inc. 11100 W. Colonial Dr. Officer Loeffler Violation Cited: 108-33(11),108-33F,108-35,108-38,108-39A,C,D,NEPA 10-1.1,NEPA 7-1.1.1,NEPA2-1 08-30-01 NOCV Re-Inspection Date: 01-07-02 01-11-02 SOV 01-11-02 NOH Meeting Date: 01-22-02 01-11-02 POS Certified Mail Observation: Numerous Building and Fire violations. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Fire Inspector Butch Stanley, having been sworn, stated there was extensive water damage, fire alarm system was non-operational, back-up generator has been out of service for an extended period of time, generator service card has not been updated since 1974, and over-all ikkro lacking maintenance throughout the complex. Discussion ensued. Respondent, Attorney Louis Gonzalez, representing Colony Plaza Condo Assoc., Inc., having been sworn, stated he can personally ensure the building is not being occupied other than a licensed contractor and maintenance personnel. Mr. Gonzalez further stated the repairs have been delayed due to ongoing litigation not involving this situation. Discussion ensued. Code Enforcement Supervisor Simon, having been sworn, stated there are people in the building at different times during the day and night, which means the no-occupancy notice is being violated. Ms. Simon further stated the City of Ocoee has been asking for a compliance schedule from the owners/contractors and to date this information has not been provided. Discussion ensued. Chairman Linebarier asked if any permits have been pulled for the repairs of the buildings. Andrew Boswell, Purofirst Emergency Services & Reconstruction (Purofirst ESR), contractor for Colony Plaza Condo Assoc., Inc. stated a demolition permit has been applied for but has not been picked up and he will to also pull a permit for renovations. Mr. Boswell further stated his company will need at least 90 days to take care of the Life Safety issues. Site Manager Carlos Merced,having been sworn, stated he performs daily maintenance on the building. Vice-Chairman Lenko inquired as to why there people are seen in the building at all hours of the day and night. Code Enforcement Supervisor Simon, having 4 Code Enforcement Board Minutes January 22,2002 been sworn, stated Mr. Merced has an office on the 7th floor of the building. Vice-Chairman Lenko, seconded by Member Godek, moved to find the Respondent in Case No. 02-009, in violation of Sections 108-33 F, 108-35, 108-38, 108-39 A,C,D, NFPA 10-1.1, NFPA 7.1.1.1, NFPA 2.1, as of September 14, 2001, but to give until April 23, 2002, to comply or impose fine and lien of$250.00 per day, per violation but to comply with all sections of the City of Ocoee Code requiring vacation or vacate the building as of January 29, 2002, or impose fine and lien of$200.00 per day. Motion carried 7-0. Recess 9:50 p.m. - 10:00 p.m. (Chairman Linebarier noted that Member Donenfeld did not return after the recess.) Case No. 02-010- Cypress Colony,Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: SBC 103.5,704.2.4,705.5,705.6,803.1,1004.3.1, 1006.1,1006.2.3,1008,1012.1.1, 1012.1.2, 1014.1.2,1016.2.1, 1601.2, 3003.1.1, 3003.2, 3003.3, 3003.4(1)(2), 3003.6.1, 3003.7; 153.3.1;NEC 110-26(a)(1), 300-11,410(a)(b)(1)(2)(c), SFPC 102.5.1, 504.9.1, 602.6.2,603.2.1,603.2.2,603.6,603.6.1,603.8.1,603.8.3,603.20.2,603.20.3,603.20.4,801.1.5,802.1.1,805.2.8,807.1,807.1.5,807.2.5, 810.1,810.2;NEPA 1-6.2,3-8.6,SMC 103.5, 103.6,304.7.1,501.4;SGC 403.1.1(7),403.1.2;SPC 409.4.1.4,409.4.2,507.5,606.1,606.2, 801.3,804.1,1001.6,1004.12,SPC 1600. 10-09-01 NOCV Re-Inspection Date: 01-07-02 01-11-02 SOV 01-11-02 NOH Meeting Date: 01-22-02 01-11-02 POS Certified Mail Observation: Numerous Building and Fire Violations. Case No. 02-011 - Colony Plaza Condo Assoc.,Inc. 11100 W. Colonial Dr. Officer Loeffler Violation Cited: SBC 103.5,704.2.4,705.5,705.6,803.1, 1004.3.1,1006.1, 1006.2.3, 1008, 1012.1.1,1012.1.2,1014.1.2, 1016.2.1,1601.2, 3003.1.1, 3003.2, 3003.3, 3003.4 (1)(2), 303.6.1, 3003.7, 153.31,NEC 110-26(a)(1), 300-11, 410(a)(b)(1)(2)(c), SFPC 102.5.1, 504.9.1, 602.6.2,603.2.1,603.2.2,603.6,603.6.1,603.8.1,603.8.3,603.20.2,603.20.3,603.20.4,801.1.5,802.1.1,805.2.8,807.1,807.1.5,807.2.5, 810.1,810.2,NEPA 1-6.2,3-8.6,SMC 10335,103.6,304.7.1,501.4,SGC 403.1.1(7),403.1.2,SPC 409.4.1.4,409.4.2,5075.5,606.1,606.2, 801.3,804.1,1001.16,1004.12;SPC 1600 10-09-01 NOCV Re-Inspection Date: 01-07-02 01-11-02 SOV 01-11-02 NOH Meeting Date: 01-22-02 01-11-02 POS Certified Mail Observation: Numerous Building and Fire Violations Code Enforcement Supervisor Simon, having been sworn, stated the City of Ocoee is requesting a continuance in Case No. 02-010 and 02-011 until the February 26, 2002, Code Enforcement Board Meeting. Vice-Chairman Lenko, seconded by Member Konicek, moved to continue in Case No. 02- 010 and 02-011 until the February 26, 2002, Code Enforcement Board Meeting. Motion carried 6-0. (Donenfeld was away from the dais.) Now 5 Code Enforcement Board Minutes January 22,2002 Case No. 02-002 -Kissimmee Entertainment, Inc. 1259 Russell Drive Officer Loeffler Violation Cited: 51-21A, 115-3 11-06-01 NOCV Re-Inspection Date: 11-29-01 01-07-02 SOV 01-07-02 NOH Meeting Date: 01-22-02 01-07-02 POS Certified Mail Observation: Building/house re-roofed without required permit. Garage door opening blocked-in/enclosed with masonry construction without required permits. Trash and debris is covered with sand and dirt in back yard. Code Enforcement Officer Loeffler, having been sworn, stated the City of Ocoee is requesting a continuance in Case No. 02-002 until the February 26, 2002, Code Enforcement Board Meeting. Vice-Chairman Lenko, seconded by Member Henderson, moved to continue Case No. 02- 002 until the February 22, 2002, Code Enforcement Board Meeting. Motion carried 6-0. (Donenfeld away from the dais.) Case No. 02-004 -Edgardo & Natalie Caruso 409 Little Spring Hill Drive Officer Loeffler Violation Cited: 108-12D,108-23 I,Q,R(1),NEC 110-12A,NEC 370-25,SPC 606.3.4.1 10-16-01 NOCV Re-Inspection Date: 12-05-01 01-04-02 SOV 01-04-02 NOH Meeting Date: 01-22-02 01-04-02 POS Certified Mail Observation: Did not schedule a Minimum Standards re-inspection to verify. Code Enforcement Officer Loeffler,having been sworn, gave a brief history of the Case and stated the property is in compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the Respondents in Case No. 02-004 in violation of Section 108-12D, 108-23 I,Q,R(1), NEC 110-12A, NEC 370- 25, SPC 606.3.4.1, as of November 30, 2001, but in compliance as of January 22, 2002, and no fine or penalty imposed. Motion carried 6-0. (Donenfeld away from the dais.) Case No. 02-007 -Paul Branick 1107 Maureen Avenue Officer Loeffler Violation Cited: 165-3 12-21-01 NOCV Re-Inspection Date: 01-09-02 01-10-02 SOV 01-10-02 NOH Meeting Date: 01-22-02 01-10-02 POS Certified Mail Observation: One Ford Taurus,white,no tag,with smashed front window,tail lights and mirrors,and one Ford F-100 truck, gray with no tag,left rear tire. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a brief history of the Case and stated the property is in compliance. L 6 Code Enforcement Board Minutes January 22,2002 Member Konicek, seconded by Member Henderson, moved to find the Respondent in Case No. 02-007 in violation of Section 165-3 as of January 6, 2002, but in compliance as of January 22, 2002, and no fine or penalty imposed. Motion carried 6-0. (Donenfeld away from dais.) Member Donenfeld returned to the dais at 10:20 p.m. Case No. 01-052- US Bank National Assn., TR do Equicredit Corp. of America 475 Little Rock Street Officer Loeffler 108-23,108-23M(1&2),108-23N(1&2),108-35,115-3 10-11-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail 11-27-01 CO Given until 12-12-01 or pay$100 per day 12-13-01 AONC Observation: Junk, debris, large auto-parts, paint cans, clothing, boxes, propane tanks littering property. Structure open/unsecured. Rear exterior personnel door missing. Penetrations/holes in exterior walls. Code Enforcement Officer Loeffler,having been sworn, gave a brief history of the Case and stated the property is in compliance. Member Konicek, seconded by Member Godek, moved to find the Respondent in Case No. 01-052 in violation of Section 108-23D, 108-23M(1&2), 108-23N(1&2), 108-35, 115-3 as of October 16, 2001, and to impose fine and lien of$100.00 per day from December 13, 2001, to January 22, 2002, for the total amount due. Motion carried 7-0. Chairman Linebarier announced the following Cases are in compliance or were dismissed: Case No. 01-053 Compliance of Section 108-12D; 108-19D; 108-22; 108-23E(1&2); 108-24D; LDC 54-3A(1)D Case No. 01-062 Compliance of Section 165-3; 168-6B (1) Case No. 01-063 Compliance of Section 165-3; 168-6B (1) Case No. 01-055 Compliance of Section 165-3 Case No. 01-065 Compliance of Section 108-23Q Case No. 01-058 Compliance of Section 108-19A,C,D,F (1)(c)(d); 165-3; 108-35 Case No. 01-064 Dismissed Case No. 01-054 - Ignacio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation Cited; 165-3 09-13-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail 11-27-01 CO Given until 12-04-01 or pay$100 per day 12-05-01 AONC Observation: One junk inoperable,white van with no tag and unattached wheel. 7 Code Enforcement Board Minutes January 22,2002 Car Code Enforcement Officer Loeffler, having been sworn, stated the property is in non- compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 01-054 to impose order of fine and lien of$100.00 per day effective December 5, 2001. Motion carried 7-0. COMMENTS Attorney O'Quinn - Said he was happy to be here. Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler -None Code Enforcement Supervisor Simon -None Chairman Linebarier - Said he will be out of town in February and will not be attending the February Code Enforcement Board Meeting. Vice-Chairman Lenko - Said she hoped everyone had a happy holiday. Member Konicek—None Member Chancey-None Member Godek-None Member Henderson -None Member Donenfeld -Happy New Year. Administrative Assistant II Maxwell — Said to please call Carmen or Brenda if you are unable to attend the Code Enforcement Board Meeting. If Carmen or Brenda are unavailable, please ask to leave a message on our voice mail so there are no discrepancies with attendance. ADJOURNMENT Meeting adjourned at 10:44 p.m. Attest: APPROVED: �►�/� - - \I / . 41 •f, _ .. 1 Shel ; Simon, Co s :En rcement Supervisor ohn Linebarier, Chairman I.at %,t. S . __ Q__ Brenda Maxwell,Administrative Assistant II L 8