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HomeMy WebLinkAbout09-25-2001 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING SEPTEMBER 25, 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 Member Henderson led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived at 7:42 p.m.), Members Chancey, Godek, Konicek, Henderson, and Donenfeld. Also present were Attorney Sneed, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, and Administrative Assistant H Maxwell. ABSENT: Member Solomon and Code Enforcement Supervisor Simon, who were excused. Member Skiles,who was unexcused. Chairman Linebarier welcomed Member Donenfeld to the Code Enforcement Board. 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, August 28, 2001. B. Order of Continuance(Meeting: October 23,2001)- Case No. 01-037 C. Order of Dismissal-None Member Henderson, seconded by Member Konicek, moved to approve the Consent Agenda as presented. 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; ER-EXHIBITS; FS- FEES STAYED; NOCV - NOTICE OF CODE VIOLATION; NOH - NOTICE OF HEARING; SOV - STATEMENT OF VIOLATION (8); 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 - AFFIDAVIT OF NON-COMPLIANCE; PDFS - PER DAY FINE Code Enforcement Board Minutes September 25,2001 (OW SUSPENDED, AND POS - PROOF OF SERVICE. Member Konicek, seconded by Member Donenfeld, moved to consider Case No. 01-047, 01- 023, 01-039, as the next items on the Agenda. Motion carried 7-0. Member Konicek, seconded by Member Donenfeld, moved to amend the motion to add Case No. 01-046 to the top of the agenda. Motion carried 7-0. Building Clerk Ramos administered the oath to Code Enforcement Officers Loeffler and Siegrist. HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF HEARINGS Case No. 01-046- Edward & Lori Ann Rawa 418 Tranquille Oaks Drive Officer Loeffler Violation Cited: 165-3 09-11-01 NOCV Re-Inspection Date: 09-07-01 09-11-01 SOV 09-11-01 NOR Meeting Date: 09-25-01 09-11-01 POS Certified Mail 09-14-01 POS Posting Observation: In-operable, untagged G.M. station wagon up on ramp/jacks. Code Enforcement Officer Loeffler, having been sworn, stated this is a repeat violator, gave a brief history of the Case, presented exhibits and stated the property is in compliance. Father of Respondent, Ed Rawa, having been sworn, stated his son was unable to attend due to being incarcerated and Lori Rawa's whereabouts are unknown. Mr. Rawa asked for leniency in this case under the circumstances. Discussion ensued. Vice-Chairman Lenko,seconded by Member Godek, moved to find the Respondents in Case No. 01-046 in violation of Section 165-3, as a repeat violator and to impose fine of$200. Motion carried 7-0. Case No. 01-047-William H. & Valerie M. Winsemann II 2702 Coventry Lane Officer Loeffler Violation Cited: 108-23 Q; 115-3 08-02-01 NOCV Re-Inspection Date: 09-07-01 09-13-01 SOV 09-13-01 NOH Meeting Date: 09-25-01 09-13-01 POS Certified Mail 09-14-01 POS Posting Observation: Large pile of tree limbs discarded behind fence-line on utility/retention pond, limbs in front side yard. Code Enforcement Officer Loeffler,having been sworn, gave a brief history of the Case, presented exhibits, and stated the property is in compliance. Code Enforcement Board Minutes September 25,2001 Respondent, William Winsemann, having been sworn, apologized and stated he trimmed the trees and did not realize until they were all trimmed that he had too many limbs to put curbside so he put them at the curb weekly until they were disposed of. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the Respondents in Case No. 01-047 in violation of Section 108-23 Q and 115-3 as of August 12, 2001, but in compliance as of September 17, 2001, and no fine or penalty to be imposed. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Chancey, moved to re-hear Case No. 01-023, on basis of reduction of fine. Motion carried 7-0. Case No. 01-023 -Joe P. & Adriene P. West 1490 Foxfire Drive Officer Siegrist Violation Cited: 21-21 05-31-01 NOCV Re-Inspection Date: 06-18-01 07-03-01 SOV 07-03-01 NOW Meeting Date: 07-24-01 07-03-01 POS Certified Mail 07-13-01 POS Posting 07-24-01 CO Given until 08-03-01 or pay $100.00 per day 07-27-01 POS Posted 08-16-01 AONC 08-21-01 AOC Total Amount Due $1,700.00/08-04-01 thru 08-20-01 08-28-01 OIFL 09-17-01 RFRRFL Observation: Canvas canopy structure in backyard without permit. Code Enforcement Officer Siegrist,having been sworn, gave a brief history of the Case, and stated the property is in compliance. Respondent, Joe West,having been sworn, stated Orange County Property Appraisers had the wrong property owner listed on the records web site. He further stated correspondence was sent to the wrong address and his wife got the"citation"thru inner office mail at the Ocoee Police Department. Discussion ensued. Recess 8:20 p.m. - 8:27 p.m. (to obtain additional information from files in the Building Department.) Vice-Chairman Lenko,seconded by Member Henderson, moved to reduce the fine to $150.00. Motion carried 7-0. Member Donenfeld, seconded by Member Konicek, moved to hear Case No. 01-023 on basis of reduction of fine. Motion carried 7-0. Case No. 01-039-Karrie L. Owens Niby 2009 Joan Lee Court Officer Loeffler Violation Cited: 165-3 Code Enforcement Board Minutes September 25,2001 08-17-01 NOCV Re-Inspection Date: 08-16-01 08-17-01 SOV 08-17-01 NOH Meeting Date: 08-28-01 08-17-01 POS Hand Delivery 08-28-01 OIFL $25.00 a day from 08-16-01 to 09-04-01, Total Due $475.00 09-17-01 RFRROF Observation: Brown G.M. Cadillac in front yard, no tag; tall weed growth under vehicle. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case, presented exhibits, stated the property is in non-compliance and the Respondents are repeat offenders involving Case No. 00-062. Respondent's husband, Harry Owens,having been sworn, stated he was out of town working. Respondent, Karrie L. Owens, having been sworn, stated she wrote a check to transfer paperwork on the car. Code Enforcement Officer Loeffler stated the tag on the vehicle in question is registered to a 1989 Oldsmobile. Chairman Linebarrier advised the Respondent to get the car"legal" and request another reduction of fine hearing. Vice-Chairman Lenko, seconded by Member Chancey, moved to deny request for reduction of fine due to non-compliance. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Chancey, moved to hear Case No. 99-164 on basis of reduction of fine. Motion carried 7-0. Case No. 99-164-David P& Deborah J. Rose All American Real Estate,Inc. (Realtor) 1102 Ursula Street Officer Loeffler Violation Cited: 108-19 I; 108-22; 108-23 Q, R (2); 108-24 D; 51-21 A, B, C, & D; 606.3.4.1; NEC 110-12 A; 108-12 D 11-08-99 NOCV Re-Inspection Date: 11-23-99 12-09-99 SOV 12-09-99 NOH Meeting Date: 01-25-00 12-09-99 POS Mail (Z 333 613 767) Incorrectly signed 12-20-99 POS Mail (Z 333 613 782) 12-20-99 POS Post 01-25-00 EX A Thru F Observation: Did not schedule a re-inspection to verify correction of Minimum Housing violations. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. Realtor, Kelly Neuner,having been sworn, stated this home is in a rehabilitation program with $12, 400.00 in escrow for repairs. He said there is a contract on this home but if a lien is left on the property the house will probably never sell. Discussion ensued. Realtor, Brittany King, having been sworn, stated this property is scheduled to close in 60 days. Discussion ensued. Member Chancey, seconded by Member Henderson, moved in Case No. 99-164 to reduce Code Enforcement Board Minutes September 25,2001 the fine to $1,000.00. Motion carried 7-0. Member Chancey, seconded by Vice-Chairman Lenko, moved to amend the motion in Case No. 99-164 to reduce the fine to $1, 000.00, if paid by November 15, 2001. Motion carried 7- 0. Case No. 01-037-Destiny 98 688 Veronica Circle Supervisor Simon Violation Cited: 108-35 08-01-01 NOCV Re-Inspection Date: 08-14-01 05-15-01 SOV 08-15-01 NOH Meeting Date: 08-28-01 08-18-01 POS Certified Mail 05-17-01 POS Posting Observation: Block crumbling/deteriorating at foundation, walls weak. Vice-Chairman Lenko,seconded by Member Konicek, moved to continue Case No. 01-037 until the October 23, 2001, Code Enforcement Board Meeting at the request of the city. Case No. 01-040- Edwin & Deborah Colon 2011 Shari Lynn Terrace Supervisor Simon Violation Cited: 51-21; 51-31; 51-34 08-08-01 NOCV Re-Inspection Date: 08-24-01 09-11-01 SOV 09-11-01 NOH Meeting Date: 09-25-01 09-11-01 POS Certified Mail Observation: Electrical final was denied, re-inspection fee was not paid, and final inspection has not been scheduled. Fence permit was voided due to non-payment and fence was erected without the permit. Final inspection on the fence has not been scheduled. Code Enforcement Officer Loeffler,having been sworn, gave a brief history of the Case and stated the property is in non-compliance. Member Chancey,seconded by Vice-Chairman Lenko, moved to find the Respondents in Case No. 01-040 in violation of Sections 51-21; 51-31; 51-34 as of August 17, 2001, but to give until October 2, 2001, to comply or forfeit$100.00 a day. Motion carried 7-0. Case No. 01-043- Jamie Hunt 605 Jay Street Officer Siegrist Violation Cited: 108-23 Q 08-08-01 NOCV Re-inspection Date: 08-27-01 09-11-01 SOV 09-11-01 NOH Meeting Date: 09-25-01 09-11-01 POS Certified Mail Observation: Fence falling down, missing slants, and sections. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, presented exhibits, and stated the property is in compliance. Member Chancey, seconded by Member Konicek, moved to find the Respondent in Case No. Code Enforcement Board Minutes September 25,2001 (to, 01-043 in violation of Section 108-23 Q as of August 13, 2001, but in compliance as of September 25 2001, and no fine or penalty to be imposed. Motion carried 7-0. Case No. 01-044- Twin Lake Woods Homeowners' Association,Inc. Tract A(Retention Area)08-22-28-8811-00-001 Officer Siegrist Violation Cited: 115-5 08-07-01 NOCV Re-Inspection Date: 08-24-01 09-11-01 SOV 09-11-01 NOH Meeting Date: 09-25-01 09-11-01 POS Certified Mail Observation: Storm-water retention pond weeds over 24". Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, presented exhibits, and stated the property is in non-compliance. Member Donenfeld, seconded by Vice-Chairman Lenko, moved to continue Case No. 01- 044 Code Enforcement Board Meeting until the October 23, 2001, to determine the responsible owner. Motion carried 7-0. Case No. 01-045 -Denise A. Carr 826 Satin Leaf Circle Officer Siegrist Violation Cited: 165-3 08-08-01 NOCV Re-Inspection Date: 08-28-01 09-11-01 SOV 09-11-01 NOR Meeting Date: 09-25-01 09-11-01 POS Certified Mail 09-17-01 POS Hand Delivery Observation: One Camero, brown with no tag in driveway, right rear tire almost flat. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, presented exhibits, and stated the property is in non-compliance. Vice-Chairman Lenko,seconded by Member Konicek, moved to find the Respondent in Case No. 01-045 in violation of Section 165-3 as of August 23, 2001, but to give until October 2, 2001, to comply or folfeit$100.00 per day. Motion carried 7-0. Case No. 01-035 -James M. & Eugenia K. Smith 413 Caballero Road Officer Loeffler Violation Cited: 115-5; 165-3 07-13-01 NOCV Re-Inspection Date: 07-25-01 08-03-01 SOV 08-03-01 NOH Meeting Date: 08-28-01 08-03-01 POS Certified Mail 08-28-01 CO Given until 09-11-01 or $50.00 per day 09-11-01 AOC Chairman Linebarier stated Case No. 01-035 is in compliance. COMMENTS Building Clerk Ramos-None Code Enforcement Board Minutes September 25,2001 Code Enforcement Officer Siegrist—None. Code Enforcement Officer Loeffler-None Attorney Sneed—Said she was glad to be here. Chairman Linebarier - Asked everyone to join him in a moment of silence for the victims, families, and leaders. Vice-Chairman Lenko - Said there are still unresolved issues with the Code Enforcement Review Committee that need to be addressed. Member Konicek—Member Chancey-None Member Skiles-None Member Solomon-Member Henderson-None Administrative Assistant II Maxwell—None ADJOURNMENT Meeting adjourned at 10:17 p.m. A st: APPROVED: _ � i ' • 411.11 Il /ZAAA-i Carmen Ramos,Building Clerk i hn Linebarier, hairman fi 1 Brenda Maxwell, d t tive Assistant II L