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Home My WebLink About01-23-2001 Minutes MINUTES OF THE CITY OF OCOEE (1116. CODE ENFORCEMENT BOARD MEETING JANUARY 23, 2001 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:37 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and Member Solomon led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members Chancey, Godek, Konicek, and Henderson. Also present were Attorney O'Quinn, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, Administrative Supervisor Seaver, Building Clerk Ramos, Administrative Assistant II Maxwell, and Mayor Vandergrift (arrived at 8:50 p.m.). ABSENT: Members Ellison and 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 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, November 28, 2001. B. Order of Continuance (Meeting: February 27, 2001) Case Number Respondent Location of Violation A. 00-112 Peter A. Giarrusso 2011 Lady Avenue B. 00-136 Secretary of Housing & Urban Dev 507 Spring Creek Drive C. Order of Dismissal Case Number Respondent Location of Violation A. 00-126 Leonard M. Zeigler & Samantha Zeigler 615 N. Lakewood Avenue B. 00-137 Johanna Burt 409 Hager Drive Vice-Chairman Lenko, seconded by Member Chancey, moved to approve the consent agenda as presented. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Konicek, moved to continue Case Nos. 00- 135, 00-147, & 00-148, until the February Code Enforcement Board Meeting at the request of the City of Ocoee and for Case No. 00-143 to be dismissed at the request of the City of Ocoee. Motion carried 7-0. Code Enforcement Board Minutes January 23, 2001 L Vice-Chairman Lenko, seconded by Member Henderson, moved to consider Case No. 00- 109 as the next item on the agenda. 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; 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; ROF- REDUCTION OF FINE; AONC - AFFADAVIT OF NON-COMPLIANCE; PDFS - PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. Administrative Supervisor Seaver 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 (lb,. Case No. 00-109 - Monica Lynn Bell 1005 Pinewood Lane Officer Siegrist Violation Cited: 108-12 D; 108-23 D, R (1 & 2) 08-28-00 NOCV Re-inspection Date: 09-15-00 09-18-00 SOV 09-18-00 NOH Meeting Date: 09-26-00 09-18-00 POS Mail (7000 0520 0014 8639 9365) Bell 09-26-00 OOC 09-26-00 NOH Meeting Date: 01-23-01 09-26-00 POS Mail (7000 0520 0014 8639 9464) Bell Observation: Failure to schedule a Minimum Housing Standards/compliance re-inspection. Code Enforcement Officer Siegrist, having been sworn, gave a detailed history of the Case. A lengthy discussion ensued. Member Henderson, seconded by Vice-Chairman Lenko, moved to continue Case No. 00- 109 until the March 27, 2001, Code Enforcement Board Meeting. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Godek, moved to accept testimony as same for Case Nos. 00-130, 00-131, and 00-132. Motion carried 7-0. L 2 Code Enforcement Board Minutes January 23, 2001 Case No. 00-130 - Betty Pedrick 149 Mobile Lane Officer Loeffler Violation cited: 115-3; 165-3 10-26-00 NOCV Re-inspection Date: 11-15-00 11-27-00 SOV 11-27-00 NOH Meeting Date: 01-23-01 11-27-00 POS Mail Observation: One (1) Volvo - no tag. Miscellaneous junk, trash, debris. Case No. 00-131 - Silvan Garcia 149 Mobile Lane Officer Loeffler Violation Cited: 115-3; 165-3 10-26-00 NOCV Re-inspection Date: 11-15-00 11-27-00 SOV 11-27-00 NOH Meeting Date: 01-23-01 11-27-00 POS Mail Observation: One (1) Volvo - no tag. Miscellaneous junk, trash, debris. Case No. 00-132 - Armando Bocanegra 149 Mobile Lane Officer Loeffler Violation Cited: 115-3; 165-3 10-26-00 NOCV Re-inspection Date: 11-15-00 11-27-00 SOV 11-27-00 NOH Meeting Date: 01-23-01 11-27-00 POS Mail Observation: One (1) Volvo - no tag. Miscellaneous junk, trash, debris. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Cases and stated as of December 18, 2000, the property was in full compliance. Member Chancey, seconded by Member Solomon, moved to find the Respondents in Case Nos. 00-130, 00-131, & 00-132, in violation of Sections 115-3 and 165-3 as of November 10, 2000, but in compliance as of December 18, 2000, and no fine or penalty be imposed. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Godek, moved to move Case Nos. 00-144, 00- 145, and 00-146 to the next items to be considered on the agenda. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Konicek, moved to accept testimony as same for Case Nos. 00-144, 00-145, and 00-146. Motion carried 7-0. Vice-Chairman Lenko disclosed that she made comments at an Ocoee City Commission Meeting regarding the banners and balloons at West Oaks Square. L 3 Code Enforcement Board Minutes January 23, 2001 L Case No. 00-144 - West Oaks Square, Inc. 9428 W. Colonial Drive Officer Loeffler Violation Cited: LDC, Article VIII, Section 8-4, B (7) 12-22-00 NOCV Re-inspection Date: 01-07-01 01-10-01 SOV 01-10-01 NOH Meeting Date: 01-23-01 01-10-01 POS Certified Mail Observation: Large hanging banner type signs, posters within, attached to the store business windows. Case No. 00-145 - Jason Sant 9428 W. Colonial Drive Officer Loeffler Violation cited: LDC, Article VIII, Section 8-4, B, (7) 12-22-00 NOCV Re-inspection Date: 01-07-01 01-10-01 SOV 01-10-01 NOH Meeting Date: 01-23-01 01-10-01 POS Certified Mail Observation: Large hanging banner type signs, posters within, attached to the store business windows. Case No. 00-146 - Eyeglass Gallery 9428 W. Colonial Drive Officer Loeffler Violation Cited: LDC, Article VIII, Section 8-4, B, (7) 12-22-00 NOCV Re-inspection Date: 01-07-01 01-10-01 SOV 01-10-01 NOH Meeting Date: 01-23-01 01-10-01 POS Certified Mail Observation: Large hanging banner type signs, posters within, attached to the store business windows. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the above Cases and stated as of January 9, 2001, the property was in full compliance. Respondent, Dean Sant, having been sworn, stated a licensed sign company put the signs up and the company removed the signs on Monday after having been notified by the City of Ocoee of the sign violation. Discussion ensued. Vice-Chairman Lenko, seconded by Member Chancey, moved to find the Respondents in Case Nos. 00-144, 00-145, and 00-146, in violation of Section LDC, Article VIII, Section 8- 4, B, (7) as of January 7, 2001, but in compliance as of January 9, 2001, and no fine or penalty be imposed. Motion carried 7-0. Chairman Linebarier advised the respondent that if the same violation occurs on the same property, it will be considered a second violation from the first day the violation was cited. L 4 Code Enforcement Board Minutes January 23, 2001 L Case No. 00-142 - Robert Bernabo 1908 Jessica Lea Lane Officer Siegrist Violation Cited: 108-12D; 108-19D; 606.3.4.1 12-05-00 NOVC Re-Inspection Date: 12-16-00 12-27-00 SOV 12-27-00 NOH Meeting Date: 01-23-01 12-27-00 POS Certified Mail Observation: Did not schedule a minimum standards re-inspection for the following items. Standard plumbing and back-flow preventer. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and stated as of January 17, 2001, the property was in full compliance. Vice-Chairman Lenko, seconded by Member Godek, moved to find the Respondent in Case No. 00-142, in violation of Sections 108-12D; 108-19D, and 606.3.4.1 as of December 15, 2000, but in compliance as of January 17, 2001, and no fine or penalty be imposed. Motion carried 7-0. Chairman Linebarier announced that Case No. 00-143 was dismissed by the City of Ocoee due to foreclosure by the bank and Case No. 00-147 and 00-148 will be heard at a later date. Chairman Linebarier stated that Case No. 00-119 has an affidavit of compliance but there is a current outstanding fine of$2800.00 and a fine and lien must be assessed. Case No. 00-119 - Albert C. Hensel, Jr. 700 Rich Drive Officer Siegrist Violation Cited: 115-3 09-20-00 NOCV Re-Inspection Date: 10-06-00 10-12-00 SOV 10-12-00 NOH Meeting Date: 10-24-00 10-12-00 POS Mail- (7000 0520 0014 8640 3734) Hensel 10-24-00 CO Due by October 31, 2000 or $100.00 per day 11-01-00 AONC 11-28-00 PDFS Current Fine - $2800.00 01-04-01 AOC Observation: Miscellaneous building supplies. Vice-Chairman Lenko, seconded by Member Chancey, moved to enter an Order Imposing Fine and Lien of$2,800.00 in Case No. 00-119 effective November 1 - 28, 2000. Motion carried 7-0. Member Chancey, seconded by Vice-Chairman Lenko, moved to hear testimony as same for Case Nos. 00-106 and 00-107. Motion carried 7-0. L 5 Code Enforcement Board Minutes January 23, 2001 L Case No. 00-106 - Fred C. Hudson III TR 10401 W. Colonial Drive Officer Loeffler Violation Cited: 51-21 A 08-07-00 NOCV Re-Inspection Date: 09-13-00 09-15-00 SOV 09-15-00 NOH Meeting Date: 09-26-00 09-15-00 POS Mail (7000 0520 0014 8639 9334)-Fred C. Hudson, III 09-18-00 POS Post-09-15-00 09-26-00 CO 10-10-00 or$250 per day as to 51-21 A only 10-16-00 AONC Inspected 10-11-00 10-24-00 FS 11-28-00 $3500 11-28-00 CS 01-23-01 Observation: Two permanent signs affixed to building without permits. Case No. - 00-107 - Hudson Furniture 10401 W. Colonial Drive Officer Loeffler Observation Cited: 51-21A 08-07-00 NOCV Re-Inspection Date: 09-13-00 09-15-00 SOV 09-15-00 NOH Meeting Date: 09-26-00 09-15-00 POS Mail(7000 0520 0014 8639 9341)-Hudson Furniture 09-18-00 POS Hand Delivery-09-15-00 by Officer E. Loeffler 09-26-00 CO 10-10-00 or$250 per day as to 51-21A only 10-16-00 AONC Re-Inspected 10-11-00 11-28-0 FS 11-28-00 $3500.00 11-29-0 CS 01-23-01 Observation: Two permanent signs affixed to building without permits. Code Enforcement Supervisor Simon stated a permit has been applied for but was denied by the Ocoee Planning Department due to discrepancies in the plans submitted. Mrs. Simon further stated that Mr. Hudson contacted her and said his contractor would contact her by January 18, 2001, and to date this issue is unresolved. Vice-Chairman Lenko, seconded by Member Solomon, moved to re-instate the Order Imposing Fine and Lien of $250.00 per day effective January 24, 2001, and to enter an Order Imposing Fine and Lien effective January 23, 2001, of$3,500.00 for Case Nos. 00- 106 and 00-107. Motion carried 7-0. Case No. 00-125 - Timothy Shane Harris & Kelly Diane McVay 1008 Sarah Lee Lane Officer Siegrist Violation Cited: 108-12D; 108-19I; 108-23E(1&2), R(2); 606.3.4.1 10-10-00 NOCV Re-Inspection Date: 10-31-00 11-01-00 SOV 11-01-00 NOH Meeting Date: 11-28-00 11-01-00 POS Certified Mail 11-17-00 POS Posting at City Hall& 1008 Sarah Lee Lane 11-28-00 CO Given until 12-5-00 or$100 per day 12-5-00 AOC Observation: Failure to schedule a Minimum Housing Standards/Compliance re-inspection. 6 Code Enforcement Board Minutes January 23, 2001 Chairman Linebarier stated Case No. 00-125 was in full compliance. Case No. 00-128 - Steven F. Miller 2006 Leslie Ann Lane Officer Siegrist Violation Cited: 108-19 F (lb); 108-19 I; 108-23 R (2); 108-23 0; NEC 110-12 A; 606.3.4.1; NEC 424-19; 108-23 M (1&2); 108-23 R(1&2); 108-19 A; 108-23 D; NEC 370-25; 108-12 D. 10-26-00 NOCV Re-Inspection Date: 10-30-00 11-08-00 SOV 11-08-00 NOH Meeting Date: 11-28-00 11-08-00 POS Certified Mail 11-16-00 POS Hand delivery by Sgt. Dreasher 11-28-00 CO Given until 12-12-00 or$250 per day 12-19-00 AONC Observation: Failure to schedule a Minimum Housing Standards/Compliance re-inspection. Member Henderson, seconded by Vice-Chairman Lenko, moved to impose fine and lien effective January 23, 2001, of$10,500, in Case No. 00-128. Motion carried 7-0. Case No. 00-099 - Stella G. King 131 N. Cumberland Avenue Officer Loeffler Violation Cited: 115-5 07-07-00 NOCV Re-Inspection Date: 08-25-00 08-28-00 SOV 08-28-00 NOH Meeting Date: 09-26-00 08-28-00 POS Mail (7000 0520 0014 8639 9143)-Stella G. King, Ocoee 08-28-00 POS Mail (7000 0520 8639 9136)-Stella G. King, Winter Garden 09-25-00 POS Post 09-26-00 CO 09-27-00 or$250 per day 09-29-00 AONC Re-Inspected 09-28-00 10-24-00 OIFL $250 per day effective 09-28-00 12-07-00 AOC 12-11-00 ATF Chairman Linebarier stated that the City of Ocoee is asking for an application to foreclose on Case No. 00-099. Vice-Chairman Lenko, seconded by Member Konicek, moved to approve the City of Ocoee's application to foreclose on Case No. 00-099. Motion carried 7-0. COMMENTS Mayor Vandergrift - Just wanted to say thanks for all you do! Administrative Supervisor Seaver - None Code Enforcement Supervisor Simon - Apologized for giving the wrong case information. Attorney O'Quinn - None Code Enforcement Officer Loeffler - None Code Enforcement Officer Siegrist - None Vice-Chairman Lenko - She is still waiting for a fish fry. Member Godek - None Member Konicek - None 7 Code Enforcement Board Minutes January 23, 2001 Administrative Assistant II Maxwell - Announced the Annual Volunteer Dinner will be February 23, 2001, with live music at the Ocoee Community Center. Chairman Linebarier - None Member Chancey - None Member Henderson - None Member Solomon - None ADJOURNMENT Meeting adjourned at 8:58 P.M. Attest: APPROVED: ct?abrAt&gAt� I /0/A-1-a4A;41 A' Reann Seaver, Administrative Supervisor '�hn Linebarier, Chairman Brenda Maxwell, Administrative Assistant II L 8