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Home My WebLink About11-26-2002 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 26,2002 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, Henderson, Konicek, and Stanley (arrived at 7:37). Also present were Community Development Director Wagner, Code Enforcement Officers Loeffler, Siegrist, and Simon, Permitting Clerk Ramos, Attorney Sneed, and Deputy City Clerk Whitford. ABSENT: Vice-Chairman Lenko, Member Skiles 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 and B A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday,October 22,2002. B. Order of Continuance—(Meeting: January 28,2003) Member Henderson, 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 AOC-AFFIDAVIT OF COMPLIANCE AONC-AFFIDAVIT OF NON-COMPLIANCE ATF-APPLICATION TO FORECLOSE CO-COMPLIANCE ORDER CS-CONTINUED STAY Code Enforcement Board Minutes November 26,2002 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 VIOLATONS PURSUANT TO NOTICES OF HEARINGS Member Konicek, seconded by Member Henderson, moved to hear Case No. 02-067 first. Case No. 02-067—Edward Jason Rawa 418 Tranquille Oaks Drive Officer Simon Violation Cited: 115-3;165-3 11-01-02 NOCV Re-Inspection Date: 10-04-02 11-01-02 SOV 11-01-02- NOH Meeting Date: 10-22-02 11-04-02 POS Certified Mail Two junk inoperable and/or untagged vehicles Chevrolet Camaro and blue 2-door. Miscellaneous junk,debris including automotive related parts and equipment. 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, Mr. Rawa, having been sworn, stated while the autos were untagged they were not junk vehicles. He said restoring cars was his hobby and he would be doing that for the next 25 years. He stated he was not going to get rid of the vehicles and could not at this time afford to register them so the board should do what they need to do. Marla Meese, having been sworn, stated she also resides at the Tranquille Oaks address. She said the debris in front of the garage shown in the exhibit has been removed and is no longer there. Mr. Rawa and Ms. Meese left the meeting prior to any decision by the board. Member Henderson, seconded by Member Konicek, moved in Case No. 02-067 to find the Respondent as a repeat violator in violation of Section 115-3; 165-3 as of October 30, 2002, but to give until December 3, 2002, to comply or impose fine of$100.00 per day. Motion carried 7-0. 2 Code Enforcement Board Minutes November 26,2002 L Member Henderson, seconded by Member Konicek, moved to impose fine and lien in Case No. 02-067 to be effective December 4, 2002, if compliance has not been met. Motion carried 7-0. Member Henderson, seconded by Member Konicek, moved to hear Cases 02-064, 02-069, and 02-054 to be next under item IV. Motion carried 6-0. Case No. 02-064-Dykgraff Inc. 1575 Maguire Road Violation Cited: LDR(6-14)5(a)(1);LDR(8-3)(b)&(d);LDR(8-6)A(1) Officer Loeffler 10-07-02 NOCV Re-Inspection Date: 10-25-02 10-31-02 SOV 10-31-02 NOH 10-31-02 POS Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the case, and stated the property was almost in compliance. Respondent, Nathan Dykgraff, having been sworn, presented testimony that all the banner signs had been removed, and all the face panels were in place as of this date. Code Enforcement Officer Loeffler stated if the panels were all in place as stated by Mr. Dykgraff that would put the property in compliance. Member Konicek made a motion to which Attorney Sneed stated LDR (6-14 and 5(a)(1) should not have been on the docket as they were in compliance within the allotted time. Member Konicek, seconded by Member Donefeld, moved to amend his previous motion by removing all reference of LDR (6-14) and 5(a)(1). Motion carried 7-0. Member Konicek, seconded by Member Donefeld, moved in Case No. 02-064 to find the respondent in violation of LDR (8-3)(b)&(d); LDR (8-6)A(1) as of 10-22-02 and give them until 12-11-02 to comply or forfeit$50.00 per day. Motion carried 7-0. Case No. 02-069—Jason D. Gage 561 Palm Drive Officer Siegrist Violation Cited: 165-3 10-16-02 NOCV Re-Inspection Date: 11-01-02 11-11-02 SOV 11-11-02 NOH Meeting Date: 11-26-02 11-12-02 POS Certified Mail 11-12-02 POS Posting Observation: Did not schedule a minimum standards re-inspection to verify compliance,(one Camaro Burgundy&Gray,with no tag,on jacks,make car operable or remove or garage,and current license tag.) Code Enforcement Officer Siegrist,having been sworn,presented exhibits, and stated the property is in compliance. 3 Code Enforcement Board Minutes November 26,2002 L Peggy Leonard, who is the resident of 561 Palm Drive, explained that the car had been properly licensed, but the tags were not on the vehicle as the car was scheduled to be towed. She explained the delay in removing the vehicle was caused when the towing company was unable to remove the vehicle at the original scheduled time because there were no tires on the subject vehicle and tow truck was not a flat bed, the type necessary to remove vehicle with no tires. Ms. Leonard said with her work schedule it was difficult for the towing company to catch up with her and reschedule,but the vehicle has been removed. Member Konicek, seconded by Member Henderson, moved in Case No. 02-069 to find the Respondent in violation of 165-3 as of 10-27-02, but in compliance as of 11-13-02, and that no penalty be assessed. Motion carried 7-0. 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 10-22-02 OOC 10-22-02 NOH Meeting Date: 11-26-02 10-22-02 POS Certified Mail 11-20-02 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 January 28, 2003, Code Enforcement Board Meeting. Member Chancey, seconded by Member Konicek, moved to continue Case No. 02-054 until January 28, 2003, as requested by the City. Motion carried 7-0. Member Konicek, seconded by Member Chancey, moved to move the hearing on Case No. 02-059 listed under Other Business to Hearing on Statements of Violations. Motion carried 7-0. Case No. 02-059—Pak Mail and Pat Mann 1746 Silver Star Rd. 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 10-22-02 OOC Given until 11-12-02 or$50.00 per day. 11-13-02 AONC Observation: Erected advertising sign for Pak Mail w/o City permit. ihrie Code Enforcement Officer Simon, having been sworn, stated the property is still in non- compliance. - 4 Code Enforcement Board Minutes November 26,2002 L Respondent, Pat Mann, having been sworn, explained to the board the expense involved in removing the sign. She stated she had been in touch with her District Commissioner who had given her some possible options. Ms. Mann stated she had received an application for a variance that she would be requesting from the Board of Adjustment. Member Donefeld, seconded by Member Godek, moved to continue Case No. 02-059 until January 28, 2003, to allow for a decision on a variance from the Board of Adjustment. Motion carried 7-0. Case No. 02-053—Jorge and 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 10-20-02 OOC 10-23-02 NOH Meeting Date: 11-26-02 10-25-02 POS Certified Mail Observation:Outstanding final inspection on laundry/heater room. Code Enforcement Officer Simon, having been sworn, presented exhibits and gave a detailed history of the case. Member Chancey, seconded by Member Konicek, moved in Case No. 02-053 to find the Respondent in violation of 51-90; 105.1 as of 07-21-02 and give them until 12-23-02 to comply or forfeit$50.00 per day. Motion carried 7-0. Recess 8:30 p.m. —8:40 p.m. 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: 01922-02 10-11-02 POS Certified Mail Observation: Built screen enclosure without a city permit. Code Enforcement Officer Simon stated the City was dismissing the case. Member Konicek, seconded by Member Donefeld, moved Case No. 02-057 be dismissed at the request of the City. Motion carried 7-0. Case No. 02-063—Gilbert R. McCoy 375 Enterprise Street Officer Loeffler Violation Cited: 108-35;115-03;115-5 08-27-02 NOCV Re-Inspection Date: 09-27-02 10-10-02 SOV 5 Code Enforcement Board Minutes November 26,2002 10-10-02 NOH Meeting Date: 10-22-02 10-10-02 POS Certified Mail 10-22-02 OOC 10-22-02 NOH Meeting Date: 11-26-02 10-22-02 POS Certified Mail Observation: Stacks of old tires,miscellaneous junk,and debris. Overgrown/tall Old tires,complainants advising health safety concerns with unattended tires at location. Code Enforcement Officer Loeffler, having been sworn, stated the City was asking for a continuance due to lack of proof of service. Member Henderson, seconded by Member Donefeld, moved to continue Case No. 02-063 to January 28, 2003 meeting as requested by the City. Motion carried 7-0. Case No. 02-065—Leader Mortgage Co. LLC 905 Doreen Avenue Officer Siegrist Violation Cited: 115-3 09-25-02 NOCV Re-Inspection Date10-14-02 10-31-02 SOV 10-31-02 NOH Meeting Date: 11-26-02 10-31-02 POS Certified Mail Observation: Trash and debris front and side yards Code Enforcement Officer Siegrist, having been sworn,presented exhibits and gave a brief history of the case. Attorney Sneed advised the Board of possible options regarding the implementation of fines or liens. Member Henderson, seconded by Member Donefeld, moved in Case No. 02-065 to find Leader Mortgage Co. LLC in violation of 115-3 as of 10-10-02 and give them until 12-04-02 to comply. If no compliance the City will make the necessary clean up and the respondent will be fined whatever amount the City incurs. Motion carried 7-0. Case No. 02-066—William E. Rochell 1005 Ursula Avenue Officer Siegrist Violation Cited: 115-3 10-07-02 NOCV Re-Inspection Date10-24-02 11-01-02 SOV 11-01-02 NOH Meeting Date: 11-26-02 11-01-02 POS Certified Mail Observation: Frames,wood,metal,glass,windows,trash,and debris. Code Enforcement Officer Siegrist, having been sworn,presented exhibits and gave a brief history of the case. Member Chancey, seconded by Member Konicek, moved to find William E. Rochell in Case No. 02-066 in violation of 115-3 as of 10-17-02, but in compliance as of 11-18-02 and that no penalty be assessed. Motion carried 7-0. 6 Code Enforcement Board Minutes November 26,2002 thr Case No. 02-068—Ramon Galvan & Silvia Barajas 61 Periwinkle Key Drive Officer Siegrist Violation Cited: 108-12D;108-19 F(lb);&I;108-22;108-23 M(2);108-23 0; 108-23 R(2); 108-23 T 10-16-02 NOCV Re-Inspection Date10-28-02 11-01-02 SOV 11-01-02 NOH Meeting Date: 11-26-02 11-04-02 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 history of the case. Member Konicek, seconded by Member Donefeld, moved to find the respondent in Case No. 02-068 in violation of all codes sited as of 10-27-02, but in compliance as of 11-22-02 and that no penalty be assessed. Motion carried 7-0. Case No.02-052—Denise A. Carr 826 Satin Leaf Circle Officer Siegrist Violation Cited: 165-3 10-09-02 NOCV Re-Inspection Date10-07-02 10-09-02 SOV 10-09-02 NOH Meeting Date: 10-22-02 10-10-02 POS Certified Mail 10-10-02 POS Posting 10-22-02 OOC $150.00 per day as of 10-07-02 10-22-02 OIF/L Repeat Violator 10-25-02 AOC Total due$2700.00 10-07-02 thru 10-25-02 Observation: One Internatioal truck,white,FL tag#GL172D expired December 2000,parked in front driveway. Code Enforcement Officer Siegrist, having been sworn,gave a brief history of the case. Chairman Linebarier stated the fine and lien had already been entered on Case No. 02- 052. 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 placed over portions of main electric service. Electric service to house is lying on roof,routed along wall and blocked covered by porch/patio. Chairman Linebarier stated that Case No. 02-062 is in compliance, no action required. Case No. 99-142—Robert T. &Virginia Caldwell 5148 Wood Ridge Court Officer Loeffler Violation Cited: 108-23 I;54-3 A(1)&D;NEC 440-11;108-12 D 09-10-99 NOCV Re-Inspection Date: 09-23-99 09-24-99 SOV 09-24-99 NOH Meeting Date: 10-26-99 09-24-99 POS Certified Mail 10-15-99 POS Posting 7 Code Enforcement Board Minutes November 26,2002 Lir 10-26-99 OOC Comply by 11-09-99 or S100.00 per day. 11-10-99 AONC Total due$28700.00 11-20-02 RFR/ROF Observation: Did not schedule a re-inspection to verify correction for Minimum Housing Standards compliance. Chairman Linebarier stated the requestor had canceled the request for a rehearing. Chairman Linebarier inquired about several previous cases. Permitting Clerk Ramos stated the City was waiting for the Release of Liens to come back from Orange County Recording. COMMENTS Community Development Director Wagner-None. Attorney Sneed—Happy Thanksgiving and Merry Christmas. Code Enforcement Officer Siegrist—None. Code Enforcement Officer Loeffler—None. Code Enforcement Officer Simon—Happy Holidays. Permitting Clerk Ramos—Wished everyone Happy Holidays and Happy Thanksgiving. Chairman Linebarier - Said to let Administrative Assistant III Maxwell know everyone missed her and hopes she'll be back soon. Member Chancey—None . Member Donenfeld—Happy Thanksgiving to everybody. Member Godek—Happy Holidays to all. Member Konicek—Merry Christmas and Happy Holidays. Member Stanley-None. • Member Henderson—Happy Holidays Deputy City Clerk Whitford-None Member Chancey, seconded by Member Konicek, moved to cancel the December meeting. Motion carried 7-0. L 8 Code Enforcement Board Minutes November 26,2002 L ADJOURNMENT Meeting adjourned at 9:30 p.m. Attest: APPROVED: t - b)244,. Sally Watford,Depu , ity Clerk John Linebarier, Chairman L L 9