HomeMy WebLinkAbout08-27-2002 Minutes MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
AUGUST 27,2002
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 Donenfeld led the Invocation. The roll was
called and a quorum declared present.
PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived at 7:35 p.m.), Members
Chancey, Donenfeld, Godek, Konicek, and Henderson. Also present were
Code Enforcement Supervisor Simon, Code Enforcement Officer Loeffler,
Code Enforcement Officer Siegrist, Building Clerk Ramos, Attorney Sneed,
and Administrative Assistant II Maxwell.
ABSENT: Member Sidles and Alternate Member Stanley,who were excused.
Code Enforcement Supervisor Simon introduced Dorothy, Code Enforcement Board
Member from Montverde.
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, July 23,
2002.
B. Order of Continuance—(Meeting: September 24,2002)
C. Order of Dismissal-None
Vice-Chairman Lenko, seconded by Member Konicek, 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
Code Enforcement Board Minutes
August 27,2002
FORECLOSE; CFR - COPY TO RESPONDENT; 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 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 and
Code Enforcement Officers Loeffler and Siegrist.
HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF
HEARINGS
Chairman Linebarier advised the Code Enforcement Board Members that the Respondent in
Case No. 02-022 is a repeat violator.
Member Henderson, seconded by Vice-Chairman Lenko, moved to rehear Case Nos. 02-022,
and 02-019 for reduction of fine.
Vice-Chairman Lenko, seconded by Member Konicek, moved to hear Case Nos. 02-019 and
02-022 as the next items on the Agenda. Motion carried 7-0.
Case No. 02-022—Joseph J. Marra
50 E. Silver Star Road Officer Loeffler
Violation Cited: 108-19 A,C,D;108-419 F(1)(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
04-17-02 POS Regular Mail
04-23-02 OWL x250.00 per day for 14 days
(RV) 04-29-02 thru 04-22-02,Total due$3,500.00
Observation: Person(s)occupying dwelling without electric and water utilities,required for minimum housing code during occupancy.
Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case
and stated the respondent is requesting a reduction of fine and lien.
Respondent, Joseph J. Marra, having been sworn, stated he evicted the tenants by physically
having them removed. He was not aware that there was a lien on the property until a realtor
notified him.
Member Henderson, seconded by Member Donenfeld, moved in Case No. 02-022 to reduce
the fine from $3,500.00 to $250.00 and remove the lien if paid in full by September 10, 2002.
Motion carried 7-0.
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August 27,2002
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Case No.02-019—Cameron Brassart
do Complete Air Mechanical
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
04-23-02 OOC
04-26-02 Meeting Date: 05-28-02
05-28-02 CO Given until 06-04-02 or pay$100.00 per day
06-25-02 OWL $100.00 per day,effective 06-05-02
08-21-02 AOC Total due$7,700.00
Observation: Outstanding mechanical final inspection.
Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case,
and stated the respondent tried to correct the violation but was unable to do so because the
Respondent did not have access to the house and air conditioning unit.
Respondent, Cameron Brassart, having been sworn, stated he could not get access to the
property to get the final inspection.
Member Henderson, seconded by Vice-Chairman Lenko, moved in Case No. 02-019, to
reduce the fine to $0 and satisfy the lien. Motion carried 7-0.
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Recess 8:20 p.m. -8:33 p.m.
Case No. 02-034—Allen L. Beverly,Jr.
1404 Samantha Street Officer Siegrist
Violation Cited: 108-12 D;108-19 I;108-20 B;108-23 D;SPC 606-3.4.1
05-21-02 NOCV Re-Inspection Date: 06-25-02
06-28-02 SOV
06-28-02 NOH Meeting Date: 07-23-02
06-28-02 POS Certified Mail
07-23-02 OOC Meeting Date: 08-27-02
07-25-02 SOV
07-25-02 NOH Meeting Date: 08-27-02
07-25-02 POS Certified Mail
07-25-02 POS Regular Mail
08-26-02 POS Post
Code Enforcement Officer Siegrist, having been sworn, gave a detailed history of the Case
and stated the property is in non-compliance.
Vice-Chairman Lenko, seconded by Member Henderson, moved in Case No. 02-034 to find
the Respondent in violation of Sections 108-12 D, 108-19 I, 108-20 B, 108-13 D, and SPC
606.3.4.1 as of June 21, 2002, but in compliance of Sections 108-23 D and SPC 606.3.4.1 as
of June 25, 2002, and no fine imposed but to give until September 3, 2002 to comply with
Sections 108-12 D, 108-19 I, and 108-20 B or impose fine of$100.00 per day. Motion carried
7-0.
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August 27,2002
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Chairman Linebarier advised the Code Enforcement Board members that the Respondents
are repeat violators.
Case No. 02-041 —Ignacio & Bertha Ibarra
75 Sand Dollar Key Drive Officer Loeffler
Violation Cited: 165-3
07-18-02 NOCV Re-Inspection Date: 07-17-02
07-18-02 SOV
07-18-02 NOH Meeting Date: 08-27-02
07-19-02 POS Certified Mail
Observation: Junk/inoperable blue van with no tag in yard at location.
Code Enforcement Officer Loeffler, having been sworn, presented exhibits and stated the
property is in non-compliance.
Member Chancey, seconded by Member Godek, moved in Case No. 02-041 to find the
Respondents in violation of Section 165-3 as a repeat violator as of July 17, 2002, and to
impose fine of $25 per day. Motion carried 5-2 with Linebarier and Lenko voting no.
Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 02-041 to enter an
order imposing fine and lien effective July 17, 2002. Motion carried 7-0.
Case No. 02-043 -Leonard Merle,Jr.,& Stacy Deanna Zeigler
615 N. Lakewood Avenue Officer Siegrist
Violation Cited: 51-13;51-90(105.1)
07-05-02 NOCV Re-Inspection Date: 07-18-02
07-25-02 SOV
07-25-02 NOH Meeting Date: 08-27-02
07-25-02 POS Certified Mail
08-16-02 POS Posting
Observation: One room addition without permit. Also miscellaneous yard waster,trash, debris,tree limbs, branches, etc. in front yard.
Final inspection needed on permit#0005826.
Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a brief
history of the Case and stated the property is in non-compliance.
Vice-Chairman Lenko, seconded by Member Donenfeld, moved in Case No. 02-043 to find
the Respondents in violation of Sections 51-13 and 51-90 (105.1) as of July 15, 2002, but to
give until September 6, 2002, to comply or impose fine of$100.00 per day. Motion carried 7-
0.
Case No. 02-044-Magic Mortgage of Central FL.,Inc.
do Randall Freeman
151 W. Silver Star Road Supervisor Simon
Violation Cited: 119-2;119-4 A
07-20--02 NOCV Re-Inspection Date: 08-02-02
08-22-02 SOV
08-22-02 NOH Meeting Date: 08-27-02
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Code Enforcement Board Minutes
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08-22-02 POS Hand Delivery
Observation: Did not renew Occupational License for fiscal year 2001-2002
Code Enforcement Supervisor Simon, having been sworn, presented exhibits, gave a
detailed history of the Case and stated the property is in compliance.
Member Chancey, seconded by Member Konicek, moved in Case No. 02-044 to find the
Respondent in violation of Section119-2 and 119-4 A as of July 1, 2002, but in compliance as
of July 22, 2002, and no fine imposed. Motion carried 7-0.
Case No. 02-046—Clayton J. Colvin
140 S. Bluford Avenue Officer Loeffler
Violation Cited: 115-3
08-20-02 NOCV Re-Inspection Date: 08-26-02
08-20-02 SOV
08-20-02 NOH Meeting Date: 08-27-02
08-20-02 POS Certified Mail
08-20-02 POS Hand Delivery
Observation:Miscellaneous junk and debris stored along side and behind store,visible from school and street.
Code Enforcement Officer Loeffler,having been sworn, stated the City of Ocoee is asking
for a continuance in Case No. 02-046.
Vice-Chairman Lenko, seconded by Member Konicek, moved to continue Case No. 02-046
until the September 24, 2002, Code Enforcement Board Meeting at the request of the City of
Ocoee. Motion carried 7-0.
Case No. 02-045-Pizza Plus,Inc.
do Chas Warner
140 S. Bluford Avenue Officer Loeffler
Violation Cited: 115-3
08-20-02 NOCV Re-Inspection Date: 08-15-02
08-20-02 SOV
08-20-02 NOH Meeting Date: 08-27-02
08-20-02 POS Certified Mail
08-22-02 POS Hand Delivery
Observation: Miscellaneous junk and debris stored along side and behind store,visible from school and street.
Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed
history of the Case, stated the Respondent is a repeat violator and the property is in non-
compliance.
Vice-Chairman Lenko, seconded by Member Godek, moved in Case No. 02-045 to find the
Respondent in violation of Section 115-3 as a repeat violator as of August 15, 2002 but in
compliance as of August 26, 2002, and to impose fine of$100.00 per day from August 15,
2002 through August 25, 2002. Motion carried 5-2 with Henderson and Donenfeld voting no.
Case No. 02-033 -Fernando & Anna Barajas
Low 1000 Aldane Court Officer Siegrist
Violation Cited: 115-3
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August 27,2002
06-07-02 NOCV Re-Inspection Date: 06-25-02
06-28-02 SOV
06-28-02 NOH Meeting Date: 07-23-02
06-28-02 POS Certified Mail
07-23-02 CO Given until 08-13-02 or pay$25.00 per day
Observation: Large dead tree in backyard.
Code Enforcement Officer Loeffler, having been sworn, stated the property is in non-
compliance.
Vice-Chairman Lenko, seconded by Member Chancey, moved in Case No. 02-033 to enter
an order imposing fine and lien effective August 14, 2002. Motion carried 7-0.
Case No.02-035 -KLB LLC
11241 W. Colonial Drive Officer Siegrist
Violation Cited: 115-5
04-08-02 NOCV Re-Inspection Date: 06-24-02
06-28-02 SOV
06-28-02 NOH Meeting Date: 07-23-02
06-28-202 POS Certified Mail
07-23-02 CO Given until 07-30-02 or pay$250.00 per day.
Observation: Retention pond weeds over 10 inches.
Code Enforcement Officer Siegrist, having been sworn, stated the property is in non-
compliance.
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Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 02-035 to enter an
order imposing fine and lien effective July 31, 2002. Motion carried 7-0.
Chairman Linebarier stated that Case Nos. 02-038 and 02-040 are in compliance, no action
required.
COMMENTS
Attorney Sneed -None
Code Enforcement Officer Siegrist-None
Code Enforcement Officer Loeffler—None
Building Clerk Ramos -None
Code Enforcement Supervisor Simon—None
Chairman Linebarier-Asked the board members to bring their City of Ocoee Code Book to
the City Clerk Department for an update. He also thanked Vice-Chairman Lenko for sitting in
as chairman last month and asked her to sit in for him in September also.
,,. Vice-Chairman Lenko — Asked for an update on Colony Plaza. Code Enforcement
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August 27,2002
Lor Supervisor Simon stated that a mechanical contractor has been hired to clean the water
damage in the north tower but that will not be enough to reopen the building. Ms. Lenko
stated the new Wal-Mart is beautiful.
Member Chancey -None
Member Donenfeld — Said he would not be at the September Code Enforcement Board
Meeting because he will be in Europe.
Member Godek-None
Member Henderson—None
Member Konicek- Thanked Building Clerk Ramos for helping Mr. Marra this evening.
Administrative Assistant II Maxwell - Said the Office of the City Clerk will be ordering
shirts for all board members and shirt sizes are needed to process the order.
ADJOURNMENT
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Meeting adjourned at 9:43 p.m.
Attest: I APPROVED:
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Shelly Simon,Coe forcement Supervisor John Linebari r, Chairman
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Brenda Maxwell,Adm istrative Assistant II
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