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.
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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.
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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.
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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.
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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.
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Code Enforcement Board Minutes
July 24, 2001
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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
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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
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