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Home My WebLink About02-26-2002 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 26, 2002 CALL TO ORDER Vice-Chairman Lenko called the regular meeting of the Ocoee Code Enforcement Board to order at 7:36 p.m. in the Commission Chambers at City Hall. Vice-Chairman Lenko led the Pledge of Allegiance to the Flag and Member Henderson led the Invocation. The roll was called and a quorum declared present. PRESENT: Vice-Chairman Lenko (arrived 7:35 p.m.), Members Chancey, Godek, Henderson, Konicek, Skiles, Solomon and Alternate Member Donenfeld. Also present were Attorney Sneed, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, and Administrative Assistant II 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, & C. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, February 26, 2002. B. Order of Continuance-None C. Order of Dismissal—None Member Konicek, seconded by Member Godek, 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: 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; 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- L REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE;ROF-REDUCTION OF FINE;AONC-AFFIDAVIT OF NON- COMPLIANCE;PDFS-PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. Code Enforcement Board Minutes February 26,2002 Building Clerk Ramos administered the oath to Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist. HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF HEARINGS Case No. 02-002 -Kissimmee Entertainment,Inc. 1259 Russell Drive Officer Loeffler Violation Cited: 51-21 A; 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 01-22-02 OFC Meeting Date: 02-26-02 02-08-02 POS Observation: Building/house re-roofed without required permit. Garage door opening enclosed with masonry construction without required permit(s). Trash and debris covered over with sand and dirt in back yard. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Member Henderson, seconded by Member Chancey, moved to hear testimony from g neighbors surrounding the property located at 1259 Russell Drive. Motion carried 7-0. ice, Jermone Smith, who resides at 890 Kimball Drive, having been sworn, stated he lives adjacent to the property located at 1259 Russell Drive. Mr. Smith stated he saw someone bury trash with a bobcat in the back yard and the bobcat also tore down fencing and shrubs at the property located at 892 Kimball Drive. John Ordos, who resides at 892 Kimball Drive, having been sworn, stated he lives adjacent to the property located at 1259 Russell Drive. Mr. Ordos stated weeds are five feet high, there are poisonous snakes, and the fence needs to be repaired at the property located at 1259 Russell Drive. Code Enforcement Officer Loeffler, having been sworn, stated the property at 1259 Russell Drive has had two previous weed violations. Resident, Bonnie Bailey, having been sworn, said she lives adjacent to the property located at 1259 Russell Drive. Ms. Bailey stated she watched trash being buried in the back yard, and there have been coral snakes, pigmy rattlesnakes and rats on the property. Ms. Bailey further stated last year she kept the front yard mowed but she is unable to continue to mow the yard any longer. She stated she has also called the city manager's office to complain about a dumpster that sat on the property for many months. L 2 Code Enforcement Board Minutes February 26,2002 Code Enforcement Officer Loeffler, having been sworn, stated the Respondent has made no effort to contact Code Enforcement to resolve these violations. Member Chancey, seconded by Member Skiles, moved to find the Respondents in Case No. 02-002 in violation of Section 51-21A and 115-3 as of November 21, 2001, but to give until March 12, 2002, to comply or impose fine and lien of$200.00 per day. Motion carried 7-0. Member Konicek, seconded by Member Skiles, moved to hear Case No. 01-060, 01-061, 01- 062, and 01-063 as the next items on the Agenda and to hear said testimony as same. Motion carried 7-0. Case No. 01-060—Anthony Raynor C/O Raynor Shine Tree Service 827 & 843 Marshall Farms Road Officer Loeffler Violation Cited: LDC 7-4(B)(1) 10-15-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail 11-15-01 POS Posting 11-24-01 CO Given until 02-26-02 or pay$100.00 per day Observation: Environmentally sensitive wetlands area disturbed. Wetlands area filled with dumped tree debris without required City Commission approval. Portion of wetland area cleared without required City Commission approval. Case No. 01-061 -Ashley Cooper Van Landingham, TR C/O Marshall L. Van Landingham 827 & 843 Marshall Farms Road Officer Loeffler Violation Cited: LDC 7-4(B)(1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH 11-14-01 POS Certified Mail 11-15-01 POS Posting 11-27-01 CO Given until 02-26-02 or pay$100.00 per day. Observation: Environmentally sensitive wetlands area disturbed. Wetlands area filled with dumped tree debris without required City Commission approval. Portion of wetland area cleared without required City Commission approval. Case No. 01-062—Anthony Raynor C/O Raynor Shine Tree Service Officer Loeffler 827 & 843 Marshall Farms Road Violation Cited: 51-21A; 115-3; 119-2; 165-3; 168-6(B)(1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail 11-15-01 POS Posting 11-27-01 VO For 119-2& 168-6 B 11-27-01 CO Given until 02-26-02 or pay$100.00 per day 51-21A& 115-3 11-27-01 CO Given until 12-04-01 or pay$50.00 per day 165-3 12-12-01 AOC For 165-3 3 Code Enforcement Board Minutes February 26,2002 Observation: Operating business without City of Ocoee Occupational License and related requirements of licensing including but not limited to: land use requirements,zoning requirements,and site improvement requirements. Construction (fence) without permit(s). Dumping of wood; large tree trunk sections, tree debris, and chopped/ground wood debris. Inoperable vehicles stored at location. Vehicles, both cars and hauling trucks, parked/stored on property, not surfaced or otherwise improved. Case No. 01-063 -Ashley Cooper Van Landingham TR CIO Marshall L. Van Landingham Officer Loeffler 827 & 843 Marshall Farms Road Violation Cited: 51-21A; 115-3; 119-2; 165-3; 168-6(B)(1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail 11-27-01 POS Posting 11-27-01 CO Given until 02-26-02 or pay$100.00 per day 51-21A; 115-3 11-27-01 CO Given until 12-04-01 or pay$50.00 per day 12-12-01 AOC For 165-3 Observation: Operating business without City of Ocoee Occupational License and related requirements of licensing including but not limited to: land use requirements,zoning requirements,and site improvement requirements. Construction (fence)without permit(s). Dumping of wood; large tree trunk sections,tree debris, and chopped/ground wood debris. In- operable vehicles stored at location. Vehicles, both cars and hauling trucks, parked/stored on property, not surfaced or otherwise improved. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Cases and stated the property is in non-compliance. Officer Loeffler further stated the Respondent had asked for an extension due to machinery problems and was advised as to what procedure to follow to apply for an extension. Code Enforcement Supervisor Simon, having been sworn, stated on February 20, 2002, Marshall L. Landingham contacted her to set up a meeting, which was held the next day. She stated Mr. Landingham advised her that he had loaned Mr. Raynor $15,000.00 to correct the violations on the property. Ms. Simon further stated she advised Mr. Landingham to attend the February 26, 2002, Code Enforcement Board Meeting and to bring any documents pertinent to this case. Discussion ensued. Respondent, Anthony Raynor, having been sworn, stated he had purchased a tub grinder but it broke down and he did not have the money to repair it. He further stated Mr. Landingham did not give him $15,000.00 to correct the violations on the property. He also stated that he has contracted with a grinding company to grind the remainder of the wood but the company cannot start the work for two weeks. Discussion ensued. Member Solomon, seconded by Member Chancey, moved in Case Nos. 01-060, 01-061, 01- 062, and 01-063 to enter an order imposing fine and lien of $100.00 per day, effective February 27, 2002. Motion carried 7-0. 4 Code Enforcement Board Minutes February 26,2002 Recess 8:30p.m. —8:47p.m. Code Enforcement Officer Loeffler, having been sworn, stated he would like to enter testimony as said same from the January 2002, Code Enforcement Board Meeting regarding Case No. 02-008. Member Henderson, seconded by Member Konicek, moved in Case No. 02-008 to adopt testimony as same from January 2002, Code Enforcement Board Meeting. 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 01-22-02 OOC Meeting Date: 02-26-02 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 life-safety systems. Exit systems/doors and hardware not operating/opening correctly. Code Enforcement Officer Loeffler, having been sworn, stated the security officer is still inside the building and the property is in non-compliance. Discussion ensued. Fire Inspector Stanley, having been sworn, stated he has noticed people on the property and inside the building. These people were asked to leave the premises. Discussion ensued. Member Chancey, seconded by Member Skiles, moved in Case No. 02-008 to find the Respondent in violation as cited on November 14, 2001, but to give until April 23, 2002, to comply or impose fine and lien of$250.00 per day,per violation. Motion carried 7-0. Member Konicek, seconded by Member Solomon, moved to combine testimony from Case No. 02-010 and 02-011 as same. Motion carried 7-0. 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 01-22-02 OOC Meeting Date: 06-26-02 Observation: Numerous Building and Fire Violations. 5 Code Enforcement Board Minutes February 26,2002 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 01-22-02 OOC Meeting Date: 02-26-02 Observation: Numerous Building and Fire Violations Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave detailed history of the Cases and stated the property is in non-compliance. Mr. Loeffler presented a handout of violations for each case. Discussion ensued. Member Henderson, seconded by Member Godek, moved in Case No. 02-011 to find the Respondent in violation as set forth in Exhibit D (Page 2) as of November 9, 2001, but to give until April 23, 2002, to comply or forfeit$100.00 per day,per violation. Motion carried 7-0. Member Konicek, seconded by Member Henderson, moved in Case No. 02-010 to find the Respondent in violation as set forth in Exhibit D (Page 1) as of November 9, 2001, but to give until April 23, 2002, to comply or forfeit$100.00 per day,per violation. Motion carried 7-0. Case No. 02-012—Richard & Susan Staten 1514 Mona Avenue Officer Loeffler Violation Cited: 115-3 01-18-02 NOCV Re-Inspection Date: 02-05-02 02-07-02 SOV 02-07-02 NOH Meeting Date: 02-26-02 02-07-02 POS Certified Mail Observation: Parts,miscellaneous junk,debris littering property. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a brief history of the Case and stated the property is in compliance. Member Chancey, seconded by Member Skiles, moved to find the Respondents in Case No. 02-012 in violation of Section 115-3 as of February 2, 2002, but in compliance as of February 12, 2002, and no fine or penalty imposed. Motion carried 7-0. Case No. 02-013—Clarke Road, Inc. 1612 Silver Star Road Officer Loeffler Violation Cited: 115-3 01-18-02 NOCV Re-Inspection Date: 02-05-02 02-07-02 SOV 02-07-02 NOH Meeting Date: 02-26-02 02-07-02 POS Certified Mail Observation: Trash,junk,debris littering rear of strip mall and area of dumpster. 6 Code Enforcement Board Minutes February 26,2002 Lly Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a brief history of the Case and stated the property is in compliance. Member Solomon, seconded by Member Chancey, moved to find the Respondent in Case No. 02-013 in violation of Section 115-3 as of February 2, 2002, but in compliance as of February 22, 2002, and no fine or penalty imposed. Motion carried 7-0. Case No. 01-052-US Bank National Assn., TR C/O 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 01-22-02 AOC 01-22-02 OIFL Total due$4,000.00 02-05-02 RFR/ROF 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. Member Chancey, seconded by Member Konicek, moved in Case No. 01-052 to deny request for rehearing for reduction offine. Motion carried 7-0. Vice-Chairman Lenko announced the following Cases are in compliance: Case No. 02-001 Compliance of Section 51-21 A Case No. 02-003 Compliance of Section 108-23 Q; 108-35; 115-3; 165-3 COMMENTS Attorney Sneed- Said pleasure to be here. Code Enforcement Officer Siegrist—Said great job everybody. Code Enforcement Officer Loeffler— Said great job everybody. Building Clerk Ramos -None Code Enforcement Supervisor Simon — Thanked Officer Loeffler for providing the violation lists for Case Nos. 02-010 and 02-011 and said Officer Siegrist is filling in for animal control. She also said she looked forward to seeing everyone at the Volunteer Dinner Thursday night. Vice-Chairman Lenko— Said the Volunteer Dinner is at the Community Center at 6:30 p.m. and last years dinner was enjoyable. Everyone did a wonderful job this evening especially Officer Loeffler. Member Konicek— Said April 20 & 21 he will be participating in a 150-mile bicycle ride to benefit MS and donations to the cause would be appreciated. Member Chancey-None Member Godek— Said he reviewed videotapes of meetings he missed. 7 Code Enforcement Board Minutes February 26,2002 Member Henderson — Said he would like to see Officer Loeffler get the pay raise he deserves. Member Skiles—None Member Solomon—None Administrative Assistant II Maxwell — Said the Volunteer Dinner is Thursday, at the Community Center at 6:30 p.m. There will be great food and door prizes. ADJOURNMENT Meeting adjourned at 10:12 p.m. Attest: / APPROVED: She y Simon, C ,e forcement Supervisor Denise Lenko,Vice-Chairman ?)onox\ciceODNA..00_9-Q Brenda Maxwell,Administrative Assistant II 8 OLOi0 CASE #02-010 CYPRESS COLONY INC. NON-COMPLIANT WITH: STANDARD BUILDINGCODES C-0; 103.5 803. 1 Mn-e, I 1004. 3. 1 1012.1.1 1012.1. 2 1016. 2 .1 • • • 3003.1 3003. 4 3003. 6. 1 3003. 7 NATIONAL ELECTRIC CODES 110-26 110-26A 110-26A 1 STANDARD FIRE PREVENTION CODE 102.5 .1 504.9. 1 602.6. 2 • 603. 2 . 1 603. 2. 2 603.6 .1 �y 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 N.F.P.A. 3-8.6 1997 STANDARD MECHANICAL CODES 103.6 501.4 1997 STANDARD GAS CODE 403.1.2 1994 STANDARD PLUMBING CODES 409.4.1.4 . 606.1 606. 2 AND FOR CASE NUMBER 02-011 COLONY PLAZA CONDOMINIUM ASSOC.INC. NON COMPLIANT WITH: STANDARD BUILDING CODES 103.5 704.2 .4 705.5 (iii, 705.6 F K i b`i+ V 1006.1.1 1006. 2 .3 1008 1014.1 . 2 1601 . 2 . 1 3003 .3 803. 1 1004..3..1 1012.1.1 1012.1. 2 1016. 2 .1 3003.1 3003.4 3003. 6. 1 j 3003. 7 NATIONAL ELECTRIC CODES 110-26 110-26A 110-26A 1 300-11A 410-A 410-B 410-C CITY OF OCOEE CODE 153.31 STANDARD FIRE PREVENTION CODE 102.5 .1 504. 9. 1 602.6. 2 603.2 . 1 603.2. 2 V 1 603.6 .1 e) • 603.8 . 1 (J L 603.8.3 1997 STANDARD MECHANICAL CODES 603.20. 2 103. 6 603. 20. 3 304. 7.1 603.20. 4 501. 4 801. 1. 5 1997 STANDARD GAS CODE 802.1.1 403.1. 2 805.2 . 8 1994 STANDARD PLUMBING CODES 807.1 409. 4.1.4 807.1.5 606.1 807.2.5 606. 2 810.1 1997 STANDARD BUILDING CODE Cr' 810.2 1606.1 N.F.P.A. 3-8.6