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HomeMy WebLinkAbout05-22-2001 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MAY 22, 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 Vice-Chairman Lenko led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members Chancey and Konicek. Also present were Attorney O'Quinn, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, and Administrative Assistant II Maxwell. ABSENT: Members Ellison, Godek, Solomon, who were excused. Members Henderson and Skiles,who were un-excused. Vice-Chairman Lenko disclosed for the record that she reviewed the Code Enforcement Meeting tape of April 24, 2001. 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, April 24,2001. B. Order of Continuance (Meeting: June 26, 2001) -None C. Order of Dismissal-None Vice-Chairman Lenko, seconded by Member Chancey, moved to approve the Consent Agenda as presented. Motion carried 4-0. COMMENTS FROM CITIZENS Mayor Vandergrift stated, "I want to compliment the Code Enforcement Board and staff for the professionalism displayed during the first live broadcast on Channel 10 and I hope the broadcasts will serve as a deterrent to other offenders." Code Enforcement Board Minutes May 22, 2001 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. 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 Case No. 01-003 -Jamie E. Grace 1204 Willow Creek Drive Officer Loeffler Violation Cited: 115-3; 108-35; 115-5; 108-23 M (1)&(2) ; 108-23 N(1) ; 108-23 J 03-16-01 NOCV Re-inspection Date: 04-03-01 04-04-01 SOV 04-04-01 NOH Meeting Date: 04-24-01 04-04-01 POS Posting 04-05-01 POS Certified Mail 04-24-01 OOC Meeting Date: 05-22-01 05-16-01 POS Certified Mail 05-16-01 POS Regular Mail Observation: Junk, trash, debris littering entire property. 4 dilapidated accessory structures each full of debris. Roofs and walls rotted and falling in. House full of junk and debris. Unsecured back doors ripped off frame, broken window, and overgrown grass and weeds. Code Enforcement Officer Loeffler, having been sworn, requested a continuance until the June 26, 2001, Code Enforcement Board Meeting. Member Chancey, seconded by Member Konicek, moved to continue Case No. 01-003 until the June 26, 2001, Code Enforcement Board Meeting at the request of the city. Motion carried 4-0. Case No. 01-013 -Miguel A. Valle 806 Nicole Boulevard Officer Siegrist Violation Cited: 51-21 05-02-01 NOCV Re-Inspection Date: 5-14-01 05-15-01 SOV 05-15-01 NOH Meeting Date: 05-22-01 05-15-01 POS Hand Delivery Observation: Carport canopy with canvas without permit in front yard (side yard) . Code Enforcement Officer Siegrist,having been sworn, presented exhibits, gave a brief history of the Case, and stated as of May 22, 2001, the property is in compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the Respondent in Case No.01-013 in violation of Section 51-21 as of March 1, 2001, but in compliance as of May 22, 2001, and no fine or penalty be imposed. Motion carried 4-0. 2 Code Enforcement Board Minutes May 22, 2001 Vice-Chairman Lenko disclosed that due to a conflict of interest, she would be abstaining from voting in Case No. 01-011 and 01-012, as Freeman Legal Associates, P.A., represent her in legal matters. Member Chancey, seconded by Member Konicek, moved to hear testimony from Case No. 01-011 and Case No. 01-012 as same. Motion carried 3-0. Case No. 01-011 -Isabel E. Freeman 151 W. Silver Star Road Officer Loeffler Violation Cited: 119-2 03-30-01 NOCV Re-Inspection Date: 4-10-01 05-11-01 SOV 05-11-01 NOH Meeting Date: 05-22-01 05-11-01 POS Certified Mail Observation: Doing business without a City License #01085, has not renewed for Fiscal Year 2000-2001. Case No. 01-012 -Freeman Legal Associates, P.A. 151 W. Silver Star Road Officer Loeffler Violation Cited: 119-2 03-30-01 NOCV Re-Inspection Date: 04-10-01 05-11-01 SOV 05-11-01 NOH Meeting Date: 05-22-01 05-11-01 POS Certified Mail (111W Observation: Doing business without a City License #01085, has not renewed for Fiscal Year 2000-2001. Code Enforcement Officer Loeffler, having been sworn, presented Exhibit A, gave a brief history of both Cases and stated as of May 21, 2001, the property is in compliance. Respondent, Randy Freeman, stated he had received the notice in January 2001, indicating the Occupational License Fees for 2000-2001 for his firm and, as he found the fees to be excessive, he had sent a letter and made phone calls of inquiry, which remain unanswered. He said he was finally told on May 21, 2001, the reason for the excessive fee was that the City of Ocoee had not received an update on the number of employees at his business. Vice-Chairman Lenko asked Attorney O'Quinn if she could ask a question regarding this case even though she abstained from voting on the cases, and he responded in his opinion, it would not be appropriate for her to participate in the discussion, as she had declared a conflict of interest. Discussion ensued. Chairman Linebarier advised the Respondent that the cases were brought before the Code Enforcement Board even though they were in compliance because the compliance date on the notification was April 9, 2001, and the fees due were not paid until May 21, 2001. Discussion ensued. Chairman Linebarier advised the respondent that should there be a violation in the future at this same location, it would be considered a repeat violation. Discussion ensued. Code Enforcement Supervisor Simon advised the trips and notices to Mr. Freeman's office were courtesies that are extended to businesses to keep the businesses from coming to this board. She added these notices were not heeded or taken care of and she had left five 3 Code Enforcement Board Minutes May 22, 2001 messages with Mr. Freeman's office within the last two months regarding another case and has not had a call back from him. Regarding the fine, under State Statutes, this process includes sending surveys to the same places every year where the licenses are sent. Discussion ensued. Respondent, Mr. Freeman stated, "Ms. Simon indicated on the record that she called me four or five times related to another case in another matter. First of all, Ms. Simon has the luxury of being able to discuss my capes with my clients which, as an attorney-at-law in the state of Florida, I am bound by an attorney-client privilege and I am not at liberty to discuss any matters that my clients may wish to discuss without their permission. It is not always appropriate or even permissible for me to talk about these matters. First of all, I have indicated from the onset that this was an oversight on my part, that we had been in violation and that has never been denied." Discussion ensued. Chairman Linebarier advised Code Enforcement Supervisor Simon to note Mr. Freeman's objections to the testimony given. Discussion ensued. Member Konicek, seconded by Member Chancey moved to find the Respondent in Case Nos. 01-011 and 01-012, in violation of Section 119-2 as of April 9, 2001, but in compliance as of May 21, 2001, and no fine or penalty be imposed. Motion carried 3-0. Case No. 01-014 - Peter A. Giarrusso 2011 Lady Avenue Officer Siegrist Violation Cited: 108-19 A; NEC 110-12 A; NEC 370-25 05-02-01 NOCV Re-Inspection Date: 05-14-01 05-15-01 SOV 05-15-01 NOH Meeting Date: 05-22-01 05-15-01 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, and stated as of May 22, 2001, the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Chancey, moved to find the Respondent in Case No. 01-014 in violation of Section 108-19 A; NEC 110-12, and NEC 370-25 as of May 12, 2001, but to give until May 29, 2001 to comply or forfeit$100 a day. Motion carried 4-0. Recess 8:20 p.m. -8:30 p.m. L, 4 Code Enforcement Board Minutes May 22, 2001 (kw OTHER BUSINESS Case No. 01-002 -Ronald E. Shirah 510 Shumard Oaks Drive Officer Loeffler Violation Cited: 119-2; LDC 6-4-H 02-16-01 NOCV Re-Inspection Date: 03-05-01 03-15-01 SOV 03-15-01 NOH Meeting Date: 03-27-01 03-15-01 POS Certified Mail 03-27-01 OOC Meeting Date: 04-24-01 04-10-01 NOH Meeting Date: 04-24-01 04-11-01 POS Certified Mail 04-13-01 POS Posting 04-24-01 CO 05-08-01 AOC Given until May 7, 2001, or $150.00 per day. Observation: Small old pick-up truck with door-signage/decals "O.K. Fine Trucking" Florida tag #52QPC. Florida Department of Corporation paper identifying a Florida profit business of "O.K. Fine Trucking" with principal and mailing address of 510 Shumard Oaks Drive Ocoee, Florida further identifying the Officer/director of same as Ronald E. Shirah at 510 Shumard Oaks Drive as the principal and mailing address of "O.K. Fine Trucking." Case No. 01-010- Glenn C. & Dianne M. Alford 1400 Prairie Lake Boulevard Officer Siegrist Violation Cited: 108-23 D; 108-12 E (1&2) ; NEC 370-25 03-21-01 NOCV Re-inspection Date: 04-11-01 04-12-01 SOV 04-12-01 NOH Meeting Date: 04-24-01 04-12-01 POS Certified Mail 04-13-01 POS Posting 04-24-01 VO 04-24-01 CO 05-17-01 AOC Observation: Did not correct all violations from minimum housing re-inspection. Chairman Linebarier announced that Case No. 01-002 and 01-010 are in compliance. Case No. 01-007-Richard Andrew McGilligan & Kristine M. Remick 1606 Ison Lane Officer Loeffler Violation Cited: 115-3 and 108-35 03-16-01 NOCV Re-inspection Date: 04-06-01 04-09-01 SOV 04-09-01 NOH Meeting Date: 04-24-01 04-09-01 POS Certified Mail 04-09-01 POS Posting 04-09-01 POS Regular Mail 04-24-01 CO 05-04-01 AONC Given until May 4, 2001, or be fined $200.00 per day. Observation: Vacant house, unsecured with juvenile, homeless persons activity within, miscellaneous junk, trash and debris littering property, including auto parts and containers of old motor oil. Code Enforcement Officer Loeffler, having been sworn, and stated the property is in non- compliance. Vice-Chairman Lenko, seconded by Member Chancey, moved to enter an order imposing fine and lien in Case No. 01-007, effective May 5, 2001. Motion carried 4-0. 5 Code Enforcement Board Minutes May 22, 2001 Case No. 01-151 -William F. McKinley & Cora McKinley 1241 Russell Drive Officer Siegrist Violation Cited: 108-19 F lb; 108-19 I; 108-22; 108-23 E (1&2) ; 108-23 I; 108-231; 108-230; 108-23 R2; 108-23 V; 108-24 D; SPC 606.4.3.1; NEC 110-12 A 12-28-00 NOCV Re-inspection Date: 01-08-01 02-15-01 SOV 02-15-01 NOH Meeting Date: 02-27-01 02-15-01 POS Certified Mail 02-27-01 CO Given until March 27, 2001 or $100 per day 04-12-01 AONC 108-23 Q in compliance Observation : Did not schedule a Minimum Standards re-inspection for the above items. Code Enforcement Supervisor Simon stated determination of ownership has not been resolved at this time. Randy Freeman, having been sworn, stated as a friend of the respondents, the property in question was subject to foreclosure proceedings in 2000. Vice-Chairman Lenko, seconded by Member Konicek, moved to reduce the fine in Case No. 01-151 to $0 and to dismiss the Case at the request of the City of Ocoee. Motion carried 4-0. Code Enforcement Supervisor Simon thanked Mr. Freeman for the information he provided in Case No. 01-151. L COMMENTS Building Clerk Ramos -None Code Enforcement Supervisor Simon -None Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler-None Attorney O'Quinn—None Chairman Linebarier-None Vice-Chairman Lenko - The 12th annual conference for Florida Association Code Enforcement is being held June 21-23, 2001, in Daytona Beach. If anyone is interested in attending, please contact Code Enforcement Supervisor Simon. Chairman Linebarier asked Code Enforcement Supervisor Simon if any funds were budgeted for training of Board Members. Code Enforcement Supervisor Simon stated she did not know, but she would check to see if the training was budgeted. Discussion ensued. Vice-Chairman Lenko stated she acquired a great deal of information from last year's conference. Member Konicek—None Member Chancey-None Administrative Assistant II Maxwell—None L 6 Code Enforcement Board Minutes May 22, 2001 ADJOURNMENT Meeting adjourned at 8:48 P.M. Attest: APPROVED: )LAI , Carmen Ramos, Building Clerk John Linebarier, Chairman renda Maxwell,Administrative Assistant II L C 7 • - e„ u) 4- aT N FORM 8B MEMORANDUM OF VOTING CONFLICT FOR Li COUNTY, MUNICIPAL, AIS OTHER LOCAL PUBLIC OFFICERS" 4:"" LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE L-a1kkr)1 ? A,I5F 01tc�+r 1.-t_ ecv) .. E'�,ec m -r BoARD MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 4117 5"T'�,:A Li kg., LJ K 2 DIql ve- WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY ❑COUNTY ❑OTHER LOCAL AGENCY /lCOe-/ FL 3V-14,+ oRANGo- NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED T y Or Or-0 G r� MY POSITION IS: MAY aa, aoO i ❑ ELECTIVE )b APPOINTIVE WHO MUST FILE FORM 8B _ This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.,and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister,father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. Li IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) • APPOINTED OFFICERS (continued) (I. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST _ (_Lti1kO —_—_ hereby disclose that on_IY2A� aa- ,20 (a)A measure came or will come before my agency which(check one) ALS• inured to my special private gain or loss; inured to the special gain or loss of my business associate, _______ • ___ inured to the special gain or loss of my relative, _ • inured to the special gain or loss of whom I am retained;or ___ inured to the special gain or loss of_— which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: TWO Coot r02CEmEN-7-'C4sES CASE # Ol - Oft AA.RD CRSS t ®I -of 2 Cf4fr►e. (3EFb►2E -r, 130A RD /3 J /,.1Vc7 I-0ED tSAr3EL e. 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VES7- (ii e , Qc4-- ---- -- Date Filed Signature L/j c_ tn�AfR P iCSd,/ C•F s) NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2