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Home My WebLink About04-23-2002 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING APRIL 23, 2002 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:33 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and Member Donenfeld led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived 7:37 p.m.), Members Chancey, Konicek, Skiles, Solomon and Donenfeld. Also present were Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, and Administrative Assistant II Maxwell. ABSENT: Members Godek and Henderson, who were excused. Code Enforcement Attorney. 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 Case Number Respondent Location of Violation 02-015 Onelia Vega 1713 Leslie Ann Lane Member Konicek, seconded by Vice-Chairman Lenko, 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; ATF-APPLICATION TO FORECLOSE;CS-CONTINUED STAY;EX-EXHIBITS;FS-FEES STAYED;NOCV-NOTICE OF CODE VIOLATION;NOH- NOTICE OF HEARING; SOV-STATEMENT OF VIOLATION(S); OAF-ORDER AUTHORIZING FORECLOSURE;OOC- ORDER OF CONTINUANCE; CO - COMPLIANCE ORDER; ONC - ORDER OF NON-COMPLIANCE; OIF/L- ORDER Code Enforcement Board Minutes April 23,2002 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-COMPLIANCE;PDFS-PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. 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. 02-014—Billy D. Holler 1702 Ison Lane Officer Siegrist Violation Cited: 108-19I,108-12D,NEC 370-25 02-06-02 NOCV Re-Inspection Date: 02-27-02 03-05-02 SOV 03-05-02 NOH Meeting Date: 03-26-02 03-05-02 POS Certified Mail 04-04-02 NOH Meeting Date: 04-23-02 04-04-02 POS Posting 04-05-02 POS Certified Mail Observation: Did not schedule a minimum standards re-inspection to verify compliance. Code Enforcement Officer Siegrist, having been sworn, gave a brief historyof the Case and stated the property is in compliance. Member Skiles, seconded by Member Donenfeld, moved in Case No. 02-014 to find the Respondent in violation of Sections 108-191, 108-12D, and NEC 370-25, as of February 22, 2002, but in compliance as of April 8, 2002,and no fine or penalty imposed. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Solomon, moved to hear Case Nos. 02-018, 02- 019, 99-111, 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 Skiles, moved to hear testimony from Case Nos. 02-018, 02-019 as same. Case No. 02-018 -Fortunato O. & Maria E. Burtos 1609 Mona Avenue Officer Loeffler Violation Cited: 51-90(105.1) 03-25-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail Observation: Outstanding mechanical final inspection. L 2 Code Enforcement Board Minutes April 23,2002 L Case No. 02-019—Cameron Brassart Complete Air Mechanical Officer Loeffler Violation Cited: 51-90(105.1) 03-25-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail Observation: Outstanding mechanical final inspection. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of both Cases and stated the property is in non-compliance. Respondent, Cameron Brassart, having been sworn, stated he is unable to get the final inspection at the property because the tenant moved out and he is unable to locate the owner of the property. Vice-Chairman Lenko, seconded by Member Skiles, moved to continue Case Nos. 02-018 and Case No. 02-019 until the May 28, 2002, Code Enforcement Board Meeting. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Skiles, moved to re-hear Case No. 99-111 for reduction of fine. Motion carried 7-0. Case No. 99-111 -Destiny 98 (New Owner) 688 Veronica Circle Officer Loeffler Violation Cited: 108-35 05-05-99 NOCV Re-Inspection Date: 06-07-99 06-08-99 SOV 06-08-99 NOH Meeting Date: 06-22-99 06-28-99 POS Posted by E.Loeffler 06-22-99 Exhibit A(Photo) 06-22-99 CO July 9,1999 or$250 per day 08-24-99 AOC Complied 08-23-99 08-24-99 OIFL $11,000 Total Amount Due 01-07-00 ATF 01-25-02 OAF 01-25-02 AOCFD $11,000 Still Due 04-10-02 RFR/ROF Observation: Partially erected structure(walls/foundation). Walls do not have lintel/tie beams. Code Enforcement Supervisor Simon, having been sworn, stated it took the new property owner approximately a year to have the structure demolished. Chairman Linebarier stated in January 2000, the Code Enforcement Board authorized foreclosure on the property located at 688 Veronica Circle. Ms. Simon stated Chairman Linebarier's statement was correct but the authorization was under the previous property owner and she was directed to notify the new property owner to allow them to correct the violations. Niki Bathke (representing Destiny 98), having been sworn, stated her employer purchased the tax lien on the subject property located at 688 Veronica Circle in 1998 and the property was foreclosed on in order to get back the company's investment since the owner had not paid 3 Code Enforcement Board Minutes April 23,2002 the taxes on the property. The tax deed was acquired in May 2001 and the property was demolished in December 2001. Vice-Chairman Lenko, seconded by Member Donenfeld, moved in Case No. 99-111 to reduce the fine of$11,000 to $1,000 if paid within 30 days. Motion carried 7-0. Recess 8:20 p.m. -8:31 p.m. Member Konicek, seconded by Member Solomon, moved to hear testimony from Case Nos. 02-008 and 02-010 as same. Motion carried 6-0. Case No. 02-008 - Cypress Colony, Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: 108-33(11),I08-33F,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 01-28-02 NOH Meeting Date: 02-26-02 01-28-02 POS Certified Mail 02-26-02 CO Given until April 23,2002,or$250 per day per violation. 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. Case No. 02-010-Cypress Colony, Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: Exhibit D,Page 1&2 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 01-28-02 NOH Meeting Date: 02-26-02 01-28-02 POS Certified Mail 02-26-02 CO Given until April 23,2002,or$250 per day per violation. Observation: Numerous Building and Fire Violations. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case and stated the property is in compliance. Member Skiles, seconded by Member Konicek, moved in Case Nos. 02-008 and 02-010 to find the Respondent in violations as cited as of September 14, 2001, but in compliance as of April 23, 2002, and no fine or penalty imposed. Motion carried 6-0. (Vice-Chairman Lenko away from dais) Member Konicek, seconded by Member Solomon, moved to hear testimony from Case No. 02- 009 and 02-011 as same. Motion carried 6-0. L 4 Code Enforcement Board Minutes April 23,2002 Case No. 02-009 - Colony Plaza Condo Assoc., Inc 11100 W. Colonial Drive Officer Loeffler Violation Cited: See Exhibit D,Page 2 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 CO Given until April 23,2002,or pay$250 per day per violation.Vacate by 01-29-02 or$200 per day. Observation: Numerous Building and Fire Violations. Case No. 02-011 - Colony Plaza Condo Assoc., Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: See Exhibit D,Page 2 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 01-28-02 NOH Meeting Date: 02-26-02 01-28-02 POS Certified Mail 02-26-02 CO Given until April 23,0222,or$100 per day per violation. Observation: Numerous Building and Fire Violations Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Cases and stated there is limited compliance in both Cases. Vice-Chairman Lenko returned to dais at 8:38 p.m. Fire Inspector Butch Stanley, having been sworn, stated the Life Safety issues have not been addressed with the Ocoee Fire Department. Officer Loeffler stated one of the five Life Safety issues has been corrected. Attorney Jed Burman, representing Colony Plaza Condominium Association, Inc., having been sworn, gave a detailed overview of the monies that have been expended on repairs. He further stated there has been ongoing litigation that has hampered the renovations of the property and asked for an additional thirty days to complete the repairs on the generator. Mr. Stanley stated Simplex started repairs on the fire alarm but did not complete the work due to non-payment. The fire alarm system is not in compliance at this time. Andrew Boswell, Project Manager for Purofirst, having been sworn, stated he was hired to do the re-construction work on the Colony Plaza but his company has not worked on the project since November 2001, due to non-payment. He further stated that he obtained the Demolition Permit and the Life Safety permit and the company working on the property is not working under his direction. Code Enforcement Supervisor stated Mr. Boswell is the only contractor who has a permit to work at the subject property site. Vice-Chairman Lenko, seconded by Member Chancey, moved in Case No. 02-009 to impose 5 Code Enforcement Board Minutes April 23,2002 fine and lien of$250 per day per violation and in Case No. 02-011 to impose fine and lien of $100 per day per violation effective April 24, 2002. Motion carried 7-0. Recess 9:22 p.m. - 9:31 p.m. Member Konicek, seconded by Member Skiles, moved to combine testimony from Case No. 02-016 and Case No. 02-017 as same. Motion carried 7-0. Case No. 02-016—John C. & Tara L. Egger 356 Covered Bridge Drive Officer Loeffler Violation Cited: 51-34 02-15-02 NOCV Re-Inspection Date: 03-07-02 03-12-02 SOV 03-12-02 NOH Meeting Date: 03-26-02 03-12-02 POS Certified Mail Observation: Outstanding gas final inspection and fees due. Case No. 02-017—Thomas Eugene Cowart 356 Covered Bridge Drive 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. Code Enforcement Officer Loeffler, having been sworn, stated the City of Ocoee is dismissing these Cases. Vice-Chairman Lenko, seconded by Member Konicek, moved to dismiss Case Nos. 02-016 and 02-017 at the request of the City of Ocoee. Motion carried 7-0. Member Konicek, seconded by Member Skiles, moved to combine testimony from Case No. 02-020 and Case No. 02-021 as same. Motion carried 7-0. Case No. 02-020-John R. & Maria J. Bosela 1233 Montheath Circle Officer Loeffler Violation Cited: 51-90 105.1 03-25-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail Observation: Outstanding pool final inspection. L 6 Code Enforcement Board Minutes April 23,2002 L Case No. 02-021 -James Burke/Florida Pools 1233 Montheath Circle Officer Loeffler Violation Cited: 51-90;105.1 Observation: Outstanding pool final inspection. 03-25-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail Observation: Outstanding pool final inspection. Code Enforcement Officer Loeffler, having been sworn, stated the property is in compliance. Vice-Chairman Lenko, seconded by Member Donenfeld, moved to find the Respondents in violation of Section 51-90 and 105.1 as of April 4, 2002, but in compliance as of April 18, 2002, and no fine or penalty imposed. Motion carried 7-0. Case No. 02-022 -Joseph J. Marra 50 E. Silver Star Road Officer Loeffler Violation Cited: 108-19A,C,D;108-19 F91)(c)(d); 108-35 04-10-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail (1110 Observation: Person(s)occupying dwelling without electric and water utilities;required for minimum housing codes during occupancy. Chairman Linebarier stated the Respondent is a repeat violator. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case and stated the property is in compliance. Mr. Loeffler further stated there have been dead bolt locks installed and a no trespassing sign has been posted on the property. Vice-Chairman Lenko, seconded by Member Skiles, moved in Case No. 02-022 to impose fine and lien of$250.00 per day effective April 9, 2002 through April 22, 2002. Motion carried 7-0. 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 01-22-02 OOC Meeting Date: 02-26-02 02-28-02 POS Posting 02-26-02 CO Given until March 12,2002 or pay$200 per day 03-13-02 AONC Observation: Building/house re-roofed without required permit. Garage door opening blocked-in/enclosed with masonry construction without required permit(s). Trash and debris is covered-over with sand and dirt in back yard. L 7 Code Enforcement Board Minutes April 23,2002 L Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 02-002 to enter into an order of fine and lien of$200.00 per day, effective March 13, 2002. 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 Violation Cited: 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 02-26-02 RD Total due$4,000.00 03-08-02 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. Vice-Chairman Lenko, seconded by Member Skiles, moved in Case No. 01-052 to deny the request for re-hearing of reduction of fine. Motion carried 7-0. COMMENTS Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler—None Building Clerk Ramos - Asked the board members for updated work and home phone numbers. Code Enforcement Supervisor Simon—None Chairman Linebarier - Said Member Solomon is moving to Winter Garden in the next several months and it will be a loss to the City of Ocoee. He further stated last month the City of Ocoee could not hold a Code Enforcement Board Meeting because we were short one member for a quorum. Please make an effort to attend the meetings. Vice-Chairman Lenko — Said Easter Sunday her cousin's husband, a Palm Beach County Sheriff, lost his life in the line of duty. Member Konicek—None Member Chancey-None Member Skiles—None Member Solomon—Pleasure to be here and he will enjoy his last two months on the board. Member Donenfeld-None Administrative Assistant II Maxwell—None ADJOURNMENT ,,,,. Meeting adjourned at 10:10 p.m. 8 Code Enforcement Board Minutes April 23,2002 L Attest: APPROVED: Ad ' i • - dA _amu \A. 7 IP O.....4 V S•elly Simon, C• - E orcement Supervisor f ohn Linebarier, Chairman Brenda Maxwell,A•ministrative Assistant II L L 9