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Home My WebLink About02-27-2001 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 27, 2001 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 the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, (arrived at 7:35 p.m.) Members Godek, Konicek, Skiles, and Solomon. Also present were Attorney Sneed, 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 9:45 p.m.). ABSENT: Members Chancey, Ellison and Henderson, 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. tir The consent agenda consisted of approval of Items A& B. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, January 23,2001. B. Order of Dismissal Case Number Respondent Location of Violation A. 00-135 M/J Enterprises Inc. of Lake Mary 11010 W. Colonial Drive B. 00-136 Secretary of Housing &Urban Dev 507 Spring Creek Drive C. 00-147 Robert Woodall Chevrolet, Inc. 651 LF Roper Parkway D. 00-148 Dennis H. Jones, Sr. 651 LF Roper Parkway Member Godek, seconded by Member Konicek, moved to approve the consent agenda as presented. Motion carried 5-0. 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; Code Enforcement Board Minutes February 27, 2001 (ilre 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 BEARINGS Case No. 00-112 —Peter A. Giarrusso 2011 Lady Avenue Officer Siegrist Violation Cited: 165-3 08-12-00 NOCV Re-inspection Date: 09-25-00 09-29-00 SOV 09-29-00 NOH Meeting Date: 10-24-00 09-29-00 POS Mail (7000 0520 0014 8639 9488) -Giarrusso-Received on 10-3-00 10-24-00 OOC January 23, 2001 11-20-00 NOH Meeting Date: 01-23-01 11-20-00 POS Certified Mail (7000 0520 0014 8635 4241) 01-23-01 OOC 02-09-01 NOH Meeting Date: 02-27-01 02-09-01 POS Certified Mail (7000 0520 0014 8635 4579) 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, presented exhibits, and stated as of February 27, 2001, the property is in full compliance. A lengthy discussion ensued. Vice-Chairman Lenko, seconded by Member Skiles, moved to find the Respondent in Case No. 00-112, in violation of Section 165-3, as of January 27, 2001, but in compliance as of February 27, 2001, and no fine or penalty be imposed. Motion carried 6-0. Case No. 00-149—Lois Benaglio TR 201 Security Circle Officer Loeffler Violation cited: 108-35 09-08-00 NOCV Re-inspection Date: 01-25-01 01-30-01 SOV 01-30-01 NOH Meeting Date: 02-27-01 01-30-00 POS Certified Mail Observation: Exterior walls weak/rotted/water-damaged. Roof water damaged- leaking throughout structure. Interior flooring rotted/water damaged in bedrooms, hallway and completely missing under kitchen counter/sink and bathroom counter sink. Broken and missing windows. Exterior electric service not to code: deemed unsafe by electrical inspector for City with meter removed. Interior electric not to code: exposed wiring/spliced wiring/wiring not to code. Plumbing leaking, plumbing fixtures leaking throughout. Pest/insect infestation. No smoke detectors. Building official deemed structure unsafe on September 6, 2000, at 4:00 p.m. Placards for unsafe structure posted September 6, 2000. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case, presented exhibits, and stated as of February 27, 2001, the property is in non-compliance. A lengthy discussion ensued. L 2 Code Enforcement Board Minutes February 27, 2001 Respondent, Ron Benaglio, having been sworn, stated he resides at 11 Floral Street, Ocoee, Florida and 14505 Max Hooks Road, Lot 1, Clermont, Florida. Ron Benaglio stated he has copies of the property transfer to the new owner, which was recorded February 27, 2001. Vice-Chairman Lenko asked the Respondent if the buyer was aware that the structure needs to be demolished. Respondent, Mr. Benaglio stated the issue of demolishing the structure had not been addressed. Mr. Benaglio also stated he was told that since he did not live in the structure, a certified contractor would have to do all the repair work but if he resided in the structure,he as owner could do some of the repair work and have a licensed contractor do the electrical work. Code Enforcement Supervisor Simon stated the Respondent met with a Building Official and asked if the structure could be re-built and why they could not do the work themselves. Mrs. Simon also stated the Respondent was advised that if he lived on the property, he could do some of the repair work himself, but this is a rental property. Mrs. Simon further stated the structure had been condemned and the same action taken against the previous owners will be taken against the new owner. Discussion ensued. Ramiro Rodriguez, 156 Mobile Lane, new owner of 201 Security Circle, stated he was aware that he can not live in the property at 201 Security Circle but he was not aware that he had to be a licensed building contractor to do the repairs on the structure. Chairman Linebarier advised Mr. Rodriguez that he must live on the property in order to make repairs to the structure or be a licensed contractor and that Mr. Rodriguez cannot live on the property because the property was condemned. Discussion ensued. Chairman Linebarier advised Mr. Rodriguez that the Code Enforcement Board will allow him to have about thirty(30) days to submit engineering plans to the Planning Department to review for renovations of the trailer or demolish the trailer. Discussion ensued. Vice-Chairman Lenko,seconded by Member Godek, moved to continue Case No. 00-149 until the March 27, 2001, Code Enforcement Board Meeting, to provide the new owner reasonable opportunity to bring the property into compliance by submitting engineering plans or demolish the structure. Motion carried 6-0. Code Enforcement Supervisor Simon stated for the record that when the City of Ocoee was put into the position to evict the tenants, the property owner did step forward to make provisions to the tenants by giving rent back so the tenants could find another place live. Case No. 00-150—Virgil& Teresa Bugara 1004 Ruth Jordana Court Officer Siegrist Violation Cited: 165-3 11-07-00 NOCV Re-inspection Date: 01-11-01 01-30-01 SOV 01-30-01 NOH Meeting Date: 02-27-01 01-30-01 POS Certified Mail Observation: One green car under tarp, missing right rear tire and wheel; on side 3 Code Enforcement Board Minutes February 27, 2001 (ipe yard. Vice-Chairman Lenko, seconded by Member Skiles, moved to dismiss Case No. 00-150, at the request of the City of Ocoee. Motion carried 6-0. Case No. 01-151 —Wm. F. McKinley& Cora McKinley 1241 Russell Drive Officer Siegrist Violation Cited: 108-19F1b; 108-19I; 108-22; 108-23E (1&2) ; 108-23I; 108-230; 108-23Q; 108-23R2; 108-23V; 108-24D; LDC606.3.4.1; NEC 110-12A 12-28-00 NOCV Re-inspection Date: 02-14-01 02-15-01 SOV 02-15-01 NOH Meeting Date: 02-27-01 02-15-01 POS Certified Mail Observation: Did not schedule a Minimum Standards re-inspection for the following items: (see violations cited) Code Enforcement Officer Siegrist, having been sworn, gave a detailed history of the Case, presented exhibits, and stated as of February 27, 2001, the property was vacant and in non- compliance. Member Solomon, seconded by Vice-Chairman Lenko, moved to find the Respondents in Case No. 01-151, in violation as cited as of January 7, 2001, and to give until March 27, 2001, to comply or forfeit$50.00 per day per violation. The vote on the motion as amended was 6-0. Member Solomon, seconded by Vice-Chairman Lenko, moved to amend the fine to $100 per day. Motion carried 6-0. RECESS 8:33 p.m. - 8:45 p.m. (Vice-Chairman Lenko did not return to the dais when the meeting reconvened) Case No. 00-091 —Christian J. Larsen 1214 Adeleide Court Officer Loeffler Violation Cited: 108-22; 108-23 E (2) 07-06-00 NOCV Re-inspection Date: 07-26-00 08-01-00 SOV 08-01-00 NOH Meeting Date: 08-22-00 08-01-00 POS Mail (Z 203 423 409) C. Larsen, 1214 Adeleide Court 08-01-00 POS Mail (Z 203 423 411) C. Larsen, 4217 Meadowbrooke Ave. , Orlando, FL 32808-2113 08-11-00 POS Post 08-22-00 VO 108-22; 108-23 I, M (1&2) 08-22-00 CO 108-22; 108-23 E (2) ; 108-35 By September 1, 2000 or $250 Per day per violation 09-15-00 AONC Re-Inspected 09-15-00 09-26-00 OIFL 108-22; 108-23 E (2) or $250 per say per violation 01-08-01 AOC $63,500.00 fine due as of 1/8/01 02-27-01 RFROF/L Observation: Front porch roof support bean rotted/loose. Exterior electrical service panel missing face plate. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case L, and stated as of January 8, 2001,the property is in full compliance due to a foreclosure. 4 Code Enforcement Board Minutes February 27, 2001 Vice-Chairman Lenko returned to the dais at 8:52 p.m. John McCormick, Attorney-at-Law, representing the new owners, Chase Manhattan Mortgage Company, stated that the mortgage company did not know there were liens placed on the property until after the foreclosure. Discussion ensued. Code Enforcement Supervisor Simon stated the City of Ocoee abated the major nuisances on the property, which included sanitizing the swimming pool and mowing the property, which totaled$445.00 for the contracted work paid by the city. Discussion ensued. Vice-Chairman Lenko, seconded by Member Solomon, moved the reduce the fine in Case No. 00-091, to $1,000.00, provided the fine is paid within 30 days and if the fine is not paid within 30 days, the fine will revert back to the original fine of$63,500.00. Motion carried 6- 0. Vice-Chairman Lenko, seconded by Member Skiles, moved to adopt testimony from Case No. 00-106 and 00-107, as same. Motion carried 6-0. Case No. 00-106—Fred C. Hudson 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 $250.00 per day as to 21-21 A only. 10-16-00 AONC Inspected 10/11/00 10-24-00 FS/11-28-00 $3500.00 11-28-00 CS/1-23-01 01-23-01 OIFL 02-01-01 AOC $2000.00 fine from 1-24-01 through 1-31-01 02-27-01 RFROF/L Total Fine $5500.00 Observation: Two permanent signs affixed to building without permits. Case No. 00-107—Hudson Furniture 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 9341) Hudson Furniture 09-18-00 POS Hand Dellivery-9/15/00 by Officer E. Loeffler 09-26-00 CO 10/10/00 or $250.000 per as to 21-21 A only. 10-16-00 AONC Re-Inspected 10/11/00 10-24-00 FS/11-28-00 $3500.00 11-28-00 CS/01-23-01 01-23-01 OIFL 02-01-01 AOC $2000.00 fine 1-14-01 through 1-31-01 02-27-01 RFROF/L Total Fine $5500.00 Observation: Two permanent signs affixed to building without permits. ,,, Code Enforcement Supervisor Simon, having been sworn, gave a detailed history of both 5 Code Enforcement Board Minutes February 27, 2001 Cases. Mrs. Simon stated Mr. Hudson assured her that his contractor would contact her to resolve the issue no later than January 18, 2001, and the contractor has made no contact to resolve this matter. Mrs. Simon further stated that the signs are in compliance as of January 31, 2001. Discussion ensued. Respondent, Fred C. Hudson, 90 Raintree Lane, Ormond Beach, having been sworn, stated at the time this incident occurred he was out of town building other stores and he was not aware of the whole situation. Discussion ensued. Member Godek, seconded by Vice-Chairman Lenko, moved to reduce the total fine in Case Nos. 00-106 and 00-107 to $1500.00. Motion carried 4-2 with Members Skiles and Solomon voting no. Discussion ensued. Member Skiles, seconded by Member Solomon, moved to amend the total fine in Case Nos. 00-106 and 00-107 to $750.00. Motion failed 3-3. 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 01-23-01 OIF/L 02-27-01 RFROF/L Observation: Miscellaneous building supplies. Code Enforcement Officer Siegrist, having been sworn, stated the property was in full compliance as of January 4, 2001. Beatrice Hensel, representing the Respondent, Albert Hensel, having been sworn, stated the property is cleaned up. Vice-Chairman Lenko, seconded by Member Godek, moved to reduce the fine to $100.00. Motion carried 5-1 with Vice-Chairman Lenko voting no. Member Skiles, moved by Member Konicek, moved to amend the fine to $0. Motion carried 5-1 with Vice-Chairman Lenko voting no. Chairman Linebarier advised Mrs. Hensel that if there should be another code violation at this same address, it will be considered a second offense and any fines will start from the first day cited. 6 Code Enforcement Board Minutes February 27, 2001 Lir COMMENTS Mayor Vandergrift - Announced the Code Enforcement Board would be televised on Channel 10 in the near future. Administrative Supervisor Seaver-None Building Clerk Ramos -None Code Enforcement Supervisor Simon-None Attorney Sneed-Everyone did a great job tonight. Code Enforcement Officer Loeffler-None Code Enforcement Officer Siegrist-None Vice-Chairman Lenko-She said this was the first Volunteer Dinner she has attended and she pretended it was a fish fry but it was enjoyable. Don't forget to vote March 13. Member Godek-None Member Skiles-None Member Konicek-Brenda did a great job with the Volunteer Dinner. Administrative Assistant II Maxwell-Those who weren't at the Volunteer Dinner missed a great dinner. Chairman Linebarier - Wished Commissioners would attend Code Enforcement Board Meetings from time to time. This Volunteer Dinner was the first one he has missed since 1980. Member Solomon -None ADJOURNMENT Meeting adjourned at 9:59 P.M. Attest: APPROVED: _ 7=-1. '-e4 Reann Seaver, Administrative Supervisor Jo n Linebarier, Chairman (-PAQ- 9.-QQ Brenda Maxwell, Adm1"---ItIts,. ative Assistant II C 7