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Home My WebLink About10-22-2002 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING OCTOBER 22, 2002 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:32 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Members Chancey, Donenfeld, Godek, Konicek, and Skiles. Also present were Community Development Director Wagner, Building Official Washington, Chief Plans Examiner Wieland, Code Enforcement Officers Loeffler, Siegrist, and Simon, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Maxwell. ABSENT: Vice-Chairman Lenko, Member Henderson and Alternate Member Stanley,who were excused. CONSENT AGENDA 4111111111, 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, September 24, 2002. B. Order of Continuance—(Meeting: November 26, 2002) C. Order of Dismissal Case Number Respondent Location of Violation 02-047 Melissa M. Burnett 1235 Russell Drive Member Konicek, seconded by Member Skiles, moved to approve the Consent Agenda as presented. Motion carried 6-0. COMMENTS FROM CITIZENS Community Development Director Wagner introduced himself and announced that as of October 1, 2002, the Building Department and the Planning Department were combined into one department now called the Community Development Department. He said the re- organization of the departments will improve coordination and communication and will expedite development reviews and will help maintain the development that has already been approved. Code Enforcement Board Minutes October 22,2002 Mr. Wagner thanked the board members for serving their community in this capacity. 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 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 Simon. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Member Konicek, seconded by Member Skiles, moved to hear Case Nos. 02-059, 02-062, 02- 041, 02-030, 01-054, 01-025, and 02-058 as the next items on the Agenda. Motion carried 6- 0. Case No. 02-058—Kissimmee Entertainment, Inc. 1259 Russell Drive Officer Simon Violation Cited: 51-13 Permit Required 08-01-02 NOCV Re-Inspection Date: 10-04-02 10-11-02 SOV 10-11-02 NOH Meeting Date: 10-22-02 10-11-02 POS Certified Mail Observation:Re-pipe plumbing with a city permit. Code Enforcement Officer Simon, having been sworn, presented exhibits, gave a brief history of the Case and stated the Case should be dismissed. Plans Examiner Wieland, having been sworn stated he inspected the location but did not Lir notice re-piping being performed at the location. 2 Code Enforcement Board Minutes October 22,2002 Building Official Washington, having been sworn, stated he saw piping, piping equipment, and holes in the walls inside the property. Member Skiles, seconded by Member Konicek, moved to dismiss Case No. 02-058 at the request of the City of Ocoee. Motion carried 6-0. Case No. 02-059- Pak Mail and Pat Mann 1746 Silver Star Road Officer Simon Violation Cited: 51-13 Permit Required 06-26-02 NOCV Re-Inspection Date: 10-04-02 10-11-02 SOV 10-11-02 NOH Meeting Date: 10-22-02 10-11-02 POS Certified Mail Observation: Erected advertising sign for Pak Mail w/o city permit. Code Enforcement Officer Simon, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Respondent, Pat Mann, having been sworn, stated the company that made the sign told her they pulled a permit for the sign but she has since found out that was not the truth. Ms. Mann further stated she is working with another sign company to resolve this issue. Community Development Director Wagner stated there will possibly be more cases like this one in the future. In the past sign permits were approved by the Building Department but at the same time the signs were in violation of the Land Development Code and this is one of the reasons the Building Department and the Planning Department have come together under the Community Development Department. Member Chancey, seconded by Member Konicek, moved in Case No. 02-059 to find the Respondent in violation of Section 51-13 as of July 7, 2002, but to give until November 12, 2002, to comply or impose fine and lien of$50.00 per day. Motion carried 6-0. Case No. 02-062 -Doroteo & Victoria Hernandez 213 S. Kissimmee Avenue Officer Loeffler Violation Cited: 108-22 09-05-02 NOCV Re-Inspection Date: 10-09-02 10-15-02 SOV 10-15-02 NOH Meeting Date: 10-22-02 10-15-02 POS Certified Mail 10-15-02 POS Hand Delivery Observation: Wood patio deck porch was rebuilt/repaired and place over portions of main electric service. Electric service to house is lying on roof,routed along wall and blocked covered by porch/patio. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. 3 Code Enforcement Board Minutes October 22,2002 L Respondent, Doroteo Hernandez, having been sworn, stated he called an electrical contractor to do the job but the contractor never followed through with the work so he contacted a second electrical contractor who has not started the work as of yet. Member Konicek, seconded by Member Donenfeld, moved in Case No. 02-062 to find the Respondents in violation of Section 108-22 as of October 9, 2002, but to give until November 5, 2002, to comply or impose fine and lien of$50.00 per day. Motion carried 6-0. Member Skiles, seconded by Member Godek, moved to re-hear Case Nos. 01-025, 01-054, 02-030, and 02-041 for reduction offine and lien. Motion carried 6-0. 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 08-27-02 OWL As of 07-17-02 or pay$25.00 per day Observation: Junk/inoperable blue van with no tag in yard at location. Case No. 02-030-Ignacio& Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation Cited: 115-5 06-05-02 NOCV Re-Inspection Date: 06-05-02 06-05-02 SOV 06-05-02 NOH Meeting Date: 06-25-02 06-05-02 POS Certified Mail 06-25-02 AOC 06-25-02 OWL Total Due$1050.00,$50.00 fine 06-04-02/06-25-02 Observation: Overgrown grass/weeds 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$100.00 per day 12-05-01 AONC 01-22-02 OWL 05-22-02 AOC Total Due$14,700.00 Observation: One junk in-operable,white van with no tag and unattached wheel. Case No. 01-025-Ignacio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation Cited: Overgrown grass,weeds front side and rear yards. 07-03-01 NOCV Re-Inspection Date: 07-02-01 07-03-01 SOV 07-03-01 NOH Meeting Date: 07-24-01 07-03-01 POS Certified Mail 07-24-01 OWL Certified of$10.00 per day,07-02-01 to 07-31-01,$110.00 Observation: Overgrown grass,weeds front side and rear yards. 4 Code Enforcement Board Minutes October 22,2002 L Code Enforcement Officer Loeffler,having been sworn, gave a detailed history of the Cases and stated the property is in compliance. Respondents, Ignacio & Bertha Ibarra, having been sworn, stated they thought the letters from the city were about the grass and weeds so they continued to throw the letters in the garbage without reading them. Recess 8:45 p.m. -8:55 p.m. Member Godek, seconded by Member Donenfeld, moved in Case Nos. 01-025, 01-054, 02- 030, 02-041 to reduce the fine in all cases to $1,000.00 ifpaid by November 25, 2002, but if not paid by November 25, 2002, the fine reverts back to the original fine of$18,260.00. Motion carried 5-1 with Skiles voting no. Case No. 02-052—Denise A. Carr 826 Satin Leaf Circle Officer Siegrist Violation Cited: 165-3 10-09-02 NOCV Re-Inspection Date: 10-07-02 10-09-02 SOV 10-09-02 NOH Meeting Date: 10-22-02 10-10-02 POS Certified Mail 10-10-02 POS Posting tklior Observation: One International Truck,white FL tag#GL172D,exp.December 2000,parked in front driveway. Code Enforcement Officer Siegrist,having been sworn,presented exhibits,and stated the Respondent is a repeat violator and the property is in non-compliance. Member Chancey, seconded by Member%nicek, moved in Case No. 02-052 to impose fine of$150.00 per day as of October 7, 2002. Motion carried 6-0. Member Chancey, seconded by Member Konicek, moved in Case No. 02-052 to impose fine and lien of$150.00 per day as of October 7, 2002. Motion carried 6-0. Case No. 02-053—Jorge& Martha Torres 1007 Jamela Avenue Officer Simon Violation Cited: 51-90,105.1 Inspections 07-11-02 NOCV Re-Inspection Date: 10-04-02 10-11-02 SOV 10-11-02 NOH Meeting Date: 10-22-02 10-11-02 POS Certified Mail Observation: Outstanding final inspection on laundry/heater room. Code Enforcement Officer Simon, having been sworn, stated the City of Ocoee is asking for a continuance in Case No. 02-053 until the November 26, 2002, Code Enforcement Board Meeting. Low 5 Code Enforcement Board Minutes October 22,2002 Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-053 until the November 26, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 6-0. Case No. 02-054- Silver Crossing Center 1746 Silver Star Road Officer Simon Violation Cited: 51-13 Permit Required 06-26-02 NOCV Re-Inspection Date: 10-04-02 10-11-02 SOV 10-11-02 NOH Meeting Date: 10-22-02 10-11-02 POS Certified Mail Observation: Erected advertising sign for Pak Mail w/o city permit Code Enforcement Officer Simon, having been sworn, stated the City of Ocoee is asking for a continuance in Case No. 02-054 until the November 26, 2002, Code Enforcement Board Meeting. Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-054 until the November 26, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 6-0. Case No. 02-057-David Deshaw 140 Sage Crest Drive Officer Simon Violation Cited: 51-13 Permit Required 08-01-02 NOCV Re-Inspection Date: 10-04-02 10-11-02 SOV 10-11-02 NOH Meeting Date: 10-22-02 10-11-02 POS Certified Mail Observation: Built screen enclosure without a city permit Code Enforcement Officer Simon, having been sworn, stated the City of Ocoee is asking for a continuance in Case No. 02-057 until the November 26, 2002, Code Enforcement Board Meeting. Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-057 until the November 26, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 6-0. Case No. 02-061 —Arthur E. Jr. & Suzanne D. Moseley 2459 Greywall Avenue Officer Loeffler Violation Cited 115-3;108-23 P 09-10-02 NOCV Re-Inspection Date: 10-01-02 10-15-02 SOV 10-15-02 NOH Meeting Date: 10-22-02 10-15-02 POS Certified Mail 10-15-02 POS Hand Delivery Observation: Wood siding and window trim/frames replaced,left unprotected with paint Miscellaneous wood and debris from repair left in front of garage area. 6 Code Enforcement Board Minutes October 22,2002 L Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case and stated the property is in compliance. Member Godek, seconded by Member Skiles, moved in Case No. 02-061 to find the Respondents in violation of Section 115-3 and 108-23 P as of September 25, 2002, but in compliance as of October 22, 2002 and no fine or penalty imposed. Motion carried 6-0. Case No. 02-063-Gilbert R. McCoy 375 Enterprise Street Officer Loeffler Violation Cited: 108-35;115-3;115-5 08-27-02 NOCV Re-Inspection Date: 09-27-02 10-10-02 SOV 10-10-02 NOH Meeting Date: 10-22-02 10-10-02 POS Certified Mail Observation: Stacks of old tires,miscellaneous junk and debris. Overgrown/tall weeds/brass. Old tires,complainants advising health safety concerns with unattended tires at location. Code Enforcement Officer Loeffler, having been sworn, stated the City of Ocoee is requesting a continuance in Case No. 02-063 until the November 26, 2002, Code Enforcement Board Meeting. Member Konicek, seconded by Member Donenfeld, moved to continue Case No. 02-063 until kir the November 26, 2002 Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 6-0. Chairman Linebarier stated that Case No. 02-050 is in compliance, no action required. COMMENTS Community Development Director Wagner - Said he was very impressed as to how the Code Enforcement Board conducts business and he looks forwards to working with this board in the future. Building Official Washington-None Attorney Sneed - Said Attorney Feeney may be at the November Code Enforcement Board Meeting. Code Enforcement Officer Siegrist-None Code Enforcement Officer Loeffler—None Code Enforcement Officer Simon-None Permitting Clerk Ramos -None 7 Code Enforcement Board Minutes October 22,2002 Chairman Linebarier- Said thank you to Administrative Assistant III Maxwell for the board shirts. Member Chancey - Said he would like an update on the Colony Plaza. Code Enforcement Officer Loeffler stated fines are still accruing and no permit has been pulled to begin any renovations. Member Donenfeld- Said he just got back from London,Paris, and Rome. Member Godek-None Member Konicek-None Member Skiles -None Administrative Assistant III Maxwell-None ADJOURNMENT Meeting adjourned at 9:35 p.m. Attest: APPROVED: 0)1 ' Brenda Maxwell,A ministrative Assistant III `John Linebarier,Chairman cry 8