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HomeMy WebLinkAbout07-24-2001 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING JULY 24, 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, Members Chancey, Godek, Konicek, and Henderson. Also present were Attorney Feeney, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, and Administrative Assistant II Maxwell. ABSENT: Members Ellison, Skiles and Solomon, who was 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, B, & C. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, June 26, 2001. B. Order of Continuance (Meeting: August 28, 2001) Case Number Respondent Location of Violation 01-029 Spring Lake LTD 9000 A.D. Mims Road 01-031 Blue Teal Corporation 9000 A.D. Mims Road C. Order of Dismissal Case Number Respondent Location of Violation 01-0015 Janet G. King 906 Jamela Drive Vice-Chairman Lenko, seconded by Member Henderson, moved to approve the Consent Agenda as presented. Motion carried 6-0. 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 - L. 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 Code Enforcement Board Minutes July 24, 2001 FINE;AONC-AFFADAVIT OF NON-COMPLIANCE;PDFS-PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. Vice-Chairman Lenko, seconded by Member Skiles, moved to consider Case Nos. 01-026, 01-027, and 01-028 as the next items on the Agenda. Motion carried 6-0. 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 Member Konicek, seconded by Member Henderson, moved to combine testimony from Case No. 01-026 and No. 01-027 as same. Motion carried 6-0. Case No. 01-026-Wal-Mart Stores East Inc d/b/a Wal-Mart Store#01-0942 11029 W. Colonial Drive Officer Loeffler Violation Cited: LDC 4-5 m(7) (d) 05-17-01 NOCV Re-Inspection Date: 06-29-01 07-03-01 SOV 07-03-01 NOH Meeting Date: 07-24-01 07-03-01 POS Certified Mail Observation: Merchandise stored in front and side of store, unscreened and on Loy walkways. Case No. 01-027 - TSSC-LLC Wal-Mart Store #01-0942 11029 W. Colonial Drive Officer Loeffler Violation Cited: LDC 4-5 M(7) (d) 05-17-01 NOVC Re-Inspection Date: 06-29-01 07-03-01 SOV 07-03-01 NOH Meeting Date: 07-24-01 07-03-01 POS Certified Mail Observation: Merchandise stored in front and side of store, unscreened and on walkways. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of both Cases, and stated as of July 5, 2001, the property is in compliance. Gala Burgess, Manager of Wal-Mart, having been sworn, stated that Wal-Mart is in compliance and will stay in compliance. Vice-Chairman Lenko, seconded by Member Chancey, moved to find the Respondent in Case No. 01-026 and 01-027, in violation of Section LDC 4-5 M(7)(d), as of May 23, 2001, but in compliance as of July 5, 2001, and no fine or penalty be imposed. Motion carried 6- 0. 2 Code Enforcement Board Minutes July 24, 2001 Case No. 01-028- Isaias & Susan Martinez 205 W. Franklin Street Officer Loeffler Violation Cited: 115-3; 115-5; 165-3 07-06-01 NOCV Re-Inspection Date: 07-05-01 07-06-01 SOV 07-06-01 NOH Meeting Date: 07-24-01 07-06-01 POS Certified Mail Observation: One tan untagged, in-operable tan van in side yard. Overgrown tall weeds, grass, miscellaneous junk, prior Cases: 99-165 and 99-166 Code Enforcement Officer Loeffler,having been sworn, gave a brief history of the Case, and stated as of July 23, 2001, the property is in compliance. Respondent, Susan Martinez,having been sworn, stated she put the property into compliance as soon as she got the citation. Respondent, Isaias Martinez, having been sworn, stated he takes care of his property. Member Chancey, seconded by Vice-Chairman Lenko, moved to find the Respondents in Case No. 01-028, in violation of Sections 115-3; 115-5; and 165-3, as of July 5, 2001, but in compliance as of July 23, 2001, and to impose a fine and lien of$25 per day as of July 5, 2001. Motion carried 4-2 with Chairman Linebarier and Member Godek voting no. Case No. 01-022 -Mario & Maria De Jesus Ochoa 1511 Tangerwood Court Officer Siegrist Violation Cited: 51-21 06-13-01 NOCV Re-Inspection Date: 06-25-01 07-03-01 SOV 07-03-01 NOH Meeting Date: 07-24-01 07-03-01 POS Certified Mail Observation: Shed in backyard with camper top as roof. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and stated as of July 5, 2001, the property is in compliance. Vice-Chairman Lenko, seconded by Member Godek, moved to find the Respondents in Case No. 01-022 in violation of Section 51-21 as of June 23, 2001, but in compliance as of July 6, 2001, and no fine or penalty be imposed. Motion carried 6-0. Case No. 01-023 - Joe P. & Adriene P.West 1490 Foxfire Drive Officer Siegrist Violation Cited: 51-21 05-31-01 NOCV Re-Inspection Date: 06-18-01 07-03-01 SOV 07-03-01 NOH Meeting Date: 07-24-01 07-03-01 POS Certified Mail 07-03-01 POS Post Observation: Canvas canopy structure in backyard without permit. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a brief history of the Case, and stated as of July 24, 2001, the property is in non-compliance. 3 Code Enforcement Board Minutes July 24, 2001 ‘11.. Vice-Chairman Lenko, seconded by Member Henderson, moved to find the Respondents in Case No. 01-023 in violation of Section 21-21 as of June 15, 2001, but is given until August 3, 2001, to comply or be fined$100 a day. Motion carried 6-0. Chairman Linebarier announced that Commissioner Anderson was in the audience and asked Commissioner Anderson if he would like to speak. Commissioner Anderson stated he enjoyed attending the Code Enforcement Board Meetings. Case No.01-024 - Timoteo Razo 1010 Sal Street Officer Siegrist Violation Cited: LDC 6-4 H(5) (b) ; 165-3 06-13-01 NOCV Re-inspection Date: 06-29-01 07-03-01 SOV 07-03-01 NOH Meeting Date: 07-24-01 07-03-01 POS Certified Mail Observation: One boat trailer and one Chevy pick-up truck, green, no tag, both in front yard. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, and stated as of July 6, 2001, the property is in compliance. Member Konicek, seconded by Member Godek, moved to find the Respondents in Case No. 01-024 in violation of Sections LDC 6-4 H(5)(b); 165-3as of June 29, 2001, but in compliance as of July 6, 2001, and no fine or penalty be imposed. Motion carried 6-0. Chairman Linebarier noted that the Respondents are repeat offenders, Case No. 00-111. Case No. 01-025 -Igancio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Siegrist Violation Cited: 115-5 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 Observation: Overgrown grass, weeds front side and rear yards. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a brief history of the Case and stated as of June 26, 2001, the property is in compliance. Member Chancey, seconded by Vice-Chairman Lenko, moved to find the Respondents in Case No. 01-025, in violation of Section 115-5 as of July 2, 2001, as a repeat offender, but in compliance as of July 13, 2001, and imposing fine and lien of$25 per day. Motion failed with Chairman Linebarier, Members Henderson and Godek voting no. Member Godek moved to amend the motion to impose fine and lien to $10 a day. Amended motion died due to lack of second. L 4 Code Enforcement Board Minutes July 24, 2001 Vice-Chairman Lenko, seconded by Member Godek, moved to find the Respondents in violation of Section 115-5, as of July 2, 2001, as repeat offenders, but in compliance as of July 13, 2001, and order imposing fine and lien of $10 a day. Motion carried 4-2 with Members Henderson and Konicek voting no. Case No. 01-030 - David W. Schwartz 9000 A.D. Mims Road Supervisor Simon Violation Cited: 115-3 06-14-01 NOCV Re-Inspection Date: 06-29-01 07-10-01 SOV 07-10-01 NOH Meeting Date: 07-24-01 07-10-01 POS Certified Mail Observation" Large amounts of debris dumped on property. Numerous contact with representative, Scott Callahan, gave property owner an excess of 60 days to resolve violations. Case No. 01-030 - Dave Clark 9000 A.D. Mims Road Supervisor Simon Violation Cited: 115-3 06-14-01 NOCV Re-Inspection Date: 06-29-01 07-10-01 SOV 07-10-01 NOH Meeting Date: 07-24-01 07-10-01 POS Certified Mail Observation: Large amounts of debris dumped on property. Numerous contact with Scott Callahan, gave property owner an excess of 60 days to resolve violation. Code Enforcement Supervisor Simon, having been sworn, gave a brief history of Case Nos. 01-02-, 01-030, 01-031, and 01-032, and stated the Cases will be heard when there is service on all four cases. Vice-Chairman Lenko, seconded by Member Konicek, moved to continue Case No. 01-030 and 01-032, until the August 24, 2001, Code Enforcement Board Meeting. Motion carried 6-0. Recess 8:38 p.m. - 8:49 p.m. Member Konicek, seconded by Member Chancey, moved to combine testimony from Case No. 01-033 and 01-034 as same. Motion carried 6-0. Case No. 01-033 - West Oaks Mall Trust 9401 W. Colonial Drive Supervisor Simon Violation Cited: 119-2; 119-4 A 06-19-01 NOCV Re-Inspection Date: 07-05-01 07-10-01 SOV 07-10-01 NOH Meeting Date: 07-24-01 07-10-01 POS Certified Mail Observation: Doing business without a City License(#02840) 10:31 AM. Did not renew for Fiscal Year 2000-01. 5 Code Enforcement Board Minutes July 24, 2001 Case No. 01-034 - ATM Here 9401 W. Colonial Drive Supervisor Simon Violation Cited: 119-2; 119-4 A 06-19-01 NOCV Re-Inspection Date: 07-05-01 07-10-01 SOV 07-10-01 NOH Meeting Date: 07-24-01 07-10-01 POS Certified Mail Observation: Doing business without a City License(#02840)ATM Here. Did not renew for Fiscal Year 2000-01. Code Enforcement Supervisor Simon, having been sworn, stated the City of Ocoee is dismissing Case Nos. 01-033 and 01-034. Vice-Chairman Lenko, seconded by Member Godek, moved to dismiss Case Nos. 01-033 and 01-034, as the request of the City of Ocoee. Motion carried 6-0. OTHER BUSINESS Case No. 01-106 - 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 FS Until 11-28-00($3500) 10-24-00 FS Until 01-23-01 01-23-01 OFL 02-01-01 AOC $2000 Fine from 01-24-01 -01-31-01 02-27-01 RROFL Total Fine$5500 02-27-01 ORF $750 06-29-01 RROF Observation: Two permanent signs affixed to building without permits. Vice-Chairman Lenko, seconded by Member Chancey, moved in Case No. 01-106, not to hear the request for the reduction of fine an lien. Motion carried 6-0. Case No. 01-007 - Troy A. & Susan P. Deman 1214 Blue Spring Court Officer Siegrist Violation Cited: 108-12D, 108-19A, 108-19D, 108-23E, 108-23N, 108-23 E, NEC 110-12, NEC 370, SPC 606-3.4.1 04-12-01 NOCV Re-Inspection Date: 06-04-01 06-06-01 SOV 06-06-01 NOH Meeting Date: 06-26-01 06-06-01 POS Certified Mail 06-06-01 SOV 06-15-01 POS Certified Mail 06-26-01 CO Given until July 10, 2001, or forfeit$100 a day 06-28-01 AOC Chairman Linebarier noted there is no action required for Case No. 01-017 due to compliance. 6 Code Enforcement Board Minutes July 24, 2001 L Case No. 01-021 - Raymond Walter & Darlene Lockard 1002 Belsay Road Violation Cited: 108-23(E)2; 108-23 J; 108-35; 115-5 05-30-01 NOCV Re-Inspection Date: 06-15-01 06-15-01 SOV 06-15-01 NOH Meeting Date: 06-26-01 06-15-01 POS Certified Mail 06-15-01 POS Posting 06-26-01 CO Given until July 3,2001, or forfeit$250 per day 07-04-01 AONC Observation: Vacant house with evidence of juvenile egresses-unsecured. Missing roof vents, 2 broken windows on front side. Overgrown weeds and grass. Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 01-021, to enter order imposing fine and lien effective July 4, 2001. Motion carried 6-0. COMMENTS Building Clerk Ramos-None Code Enforcement Supervisor Simon - Announced that Roy Ellison submitted his resignation as a member of the Code Enforcement Board. Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler-None Attorney Feeney—None Chairman Linebarier - Said Mr. Solomon would move up from the alternate position on the board to a regular member of the board. Vice-Chairman Lenko - Asked if a formal motion was needed to notify the Ocoee City Commission of Mr. Ellison's resignation. Supervisor Simon stated that Administrative Assistant II Maxwell would take of notifying the Ocoee City Commission of the resignation. Ms. Lenko said she would like the public to have a sense of what the functions of the Code Enforcement Board are. She said the board as a group sits as a panel of judges would, called a Quasi-Judicial Board. When the Code Enforcement Division presents a Case before the Code Enforcement Board, it does not mean that the Code Enforcement Division will win their case, in fact they don't always win. The respondent(s) in the case(s) have the opportunity to present their case and the board always considers the neighbors surrounding the respondent(s) as well. Attorney Feeney stated the Code Enforcement Board is not authorized to enforce the code or investigate cases. Discussion ensued. Chairman Linebarier stated he would like to make it clear to all Ocoee residents that this board is not designed to make money, it is designed to enforce codes but unfortunately the only way to enforce the codes is to hit the respondents in the wallet. Discussion ensued. Member Konicek—None Member Chancey- Said it is nice to see repeat offenders being cited. Member Godek-None Member Henderson -None Administrative Assistant II Maxwell—None 7 Code Enforcement Board Minutes July 24, 2001 ADJOURNMENT Meeting adjourned at 9:12 P.M. Attest:00A1KIA-D # . , Carmen Ramos, Building Clerk ohn Linebarier, Chairman IkOMIA Maxwell,Brenda a well, A mimstrattve Assistant II L 8