Loading...
HomeMy WebLinkAbout11-27-2001 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING NOVEMBER 27, 2001 CALL TO ORDER Vice-Chairman Lenko called the regular meeting of the Ocoee Code Enforcement Board to order at 7:30 p.m. in the Commission Chambers at City Hall. Vice-Chairman Lenko led the Pledge of Allegiance to the Flag and Member Henderson led the Invocation. The roll was called and a quorum declared present. PRESENT: Vice-Chairman Lenko, Members Chancey, Donenfeld Konicek, Henderson, Skiles, and Solomon. Also present were Attorney O'Quinn, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, and Administrative Assistant II Maxwell. ABSENT: Chairman Linebarier, Member Godek, and Code Enforcement Supervisor Simon, 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 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, October 23, 2001. B. Order of Continuance (Meeting: January 22, 2002) C. Order of Dismissal- None Member Skiles, 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;EX-EXHIBITS; 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; RFRDUC- RQUEST FOR REDFUCTION DENIED UNTIL COMPLIANCE;ROF-REDUCTION OF FINE;AONC-AFFIDAVIT OF NON- COMPLIANCE;PDFS-PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. Code Enforcement Board Minutes November 27,2001 Member Konicek, seconded by Member Solomon, moved to consider Case No. 01-058, 01- 060, 01-061, 01-062, and 01-063, as the next items on 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. 01-058 -Joseph J. Marra 50 E. Silver Star Road Officer Loeffler Violation Cited: 108-19A,C,D,F(l)(c)&(d);115-3;0165-3 10-16-01 NOCV Re-Inspection Date: 10-30-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail 11-16-01 POS Hand Delivery Observation: Person(s)occupying structure without water and electric utilities causing violation of related minimum standard ordinances. Miscellaneous junk and debris littering property. Junk vehicle on the property. Vacant structure not secured,attractive nuisance to homeless persons/juveniles. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case, presented exhibits, and stated the property is in non-compliance. Respondent, Joseph Marra, having been sworn, stated he has called the police to have the unknown people removed from the woods behind the vacant house and after the police leave the people break in to the house. Mr. Marra further stated he has rented the property and will make some of the necessary repairs and if the property is not in compliance by the next Code Enforcement Board Meeting the house will be demolished. Discussion ensued. Member Henderson, seconded by Member Skiles, moved to find the Respondent in Case No. 01-058, in violation of Sections 108-19A,C,D,F,(1)(c)&(d); 115-3; 165-3; 108-35 as of October 16, 2001, but to give until December 27, 2001, to comply or forfeit $25.00 per day and to immediately vacate the tenant from the property. Motion carried 7-0. Member Konicek, seconded by Member Skiles, moved to hear testimony from Case No. 01- 060 and Case No. 01-061 as same. Motion carried 7-0. Case No. 01-060 - Anthony Raynor c/o Raynor Shine Tree Service 827 & 843 Marshall Farms Officer Loeffler Violation Cited: LDC 7-4(B) (1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail 11-15-01 POS Posting Observation: Environmentally sensitive wetlands area disturbed/altered; wetlands area filled with dumped tree/landscape debris without required City Commission approval/permitting. Portion or wetland are cleared/excavated without required City Commission approval/permitting. Code Enforcement Board Minutes November 27,2001 Case No. 01-061 - Ashley Cooper Van Landingham TR do Marshall L. Van Landingham 827 & 843 Marshall Farms Road Officer Loeffler Violation Cited: LDC 7-4(b)(1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 04-24-01 11-14-01 POS Certified Mail 11-14-01 POS Posting Observation: Environmentally sensitive wetlands area disturbed/altered; wetlands area filled with dumped tree/landscape debris without required City Commission approval/permitting. Portion of wetland area cleared/excavated without required City Commission approval/permitting. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Cases, presented exhibits, and stated the property is in non-compliance. Respondent, Anthony Raynor, having been sworn, stated he was not aware the property was wetlands. Mr. Raynor further stated he has fenced the property to stop further dumping and he needs at least 90 days to get the property in compliance. Discussion ensued. Respondent, Marshall Van Landingham, having been sworn, stated he will help Mr. Raynor correct the violations. Discussion ensued. Member Skiles, seconded by Member Konicek, moved to find the Respondents in Case No. 01-060 and Case No. 01-061 in violation of Section LDC 7-4 (B)(1) but to give until February 26, 2002, to comply or forfeit$100.00 a day. Motion carried 7-0. Member Konicek, seconded by Member Skiles, moved to hear testimony from Case No. 01- 062 and Case No. 01-063 as same. Motion carried 7-0. Case No. 01-062 - Anthony Raynor c/o Raynor Shine Tree Service 827 & 843 Marshall Farms Road Officer Loeffler Violation Cited:51-21A; 115-3; 119-2; 165-3; 168-6B(1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail 11-15-01 POS Posting Observation: Operating business without City Occupational License and related requirements of licensing including but not limited to:land use requirement, zoning requirement,and required site-improvements. Construction(fence)without permit(s). Dumping of wood; large tree-truck sections, tree debris and chopped/ground wood debris. Junk-in operable vehicles stored at location. Vehicles, both cars and hauling trucks,parked/stored on property,not surfaced or otherwise improved. Case No. 01-063 -Ashley Cooper Van Landingham TR do Marshall L. Van Landingham 827 & 843 Marshall Farms Road Officer Loeffler Violation Cited: 51-21A; 115-3; 119-2; 165-3; 168-6B(1) 10-05-01 NOCV Re-Inspection Date: 11-12-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 Code Enforcement Board Minutes November 27,2001 11-14-01 POS Certified Mail 11-15-01 POS Posting Observation: Operating business without City Occupational License and related requirements of licensing including but not limited t;" land use requirement, zoning requirement, and required site-improvements. Construction(fence) without permit(s). Dumping of wood: large tree-trunk sections,tree debris and chopped/ground wood debris. Junk/in operable vehicles stored at location. Vehicles,both cars and hauling trucks,parked/stored on property not surfaced or otherwise improved. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Cases,presented exhibits, and stated the property is in non-compliance. Respondent, Anthony Raynor, having been sworn, stated he spoke with Code Enforcement Supervisor Simon and Mrs. Simon advised him as to what procedures to follow to get the property into compliance. Respondent, Marshall Van Landingham, having been sworn, stated the violations will be corrected. Discussion ensued. Member Chancey, seconded by Member Solomon, moved to find the Respondents in Case No. 01-062 and No. 01-063 in violation of Sections No. 119-2 and 168-6B(1) as of November 5, 2001, but in compliance as of November 27, 2001, no fine or penalty imposed; in violation of Sections 51-21A and 115-3 but to give until February 26, 2002, to comply or forfeit $100.00 per day; in violation of Section 165-3 as of November 5, 2001, but to give until December 4, 2001, to comply or forfeit$50.00 per day. Motion carried 7-0. (60 Recess 9:11 p.m. - 9:28 p.m. Member Konicek, seconded by Member Skiles, moved to hear Case No. 96-123 as the next item on the agenda. Motion carried 7-0. Case No. 96-123 -Melba Brown 404 Mable Street Officer Loeffler Code Enforcement Officer Loeffler, having been sworn, stated this is a request for re- hearing for reduction of fine. Officer Loeffler gave a detailed history of the Case and stated the property is in compliance. Respondent, Melba Brown, having been sworn, stated she did not know there was a lien on her property until she tried to re-finance her home. Ms. Brown further stated the property has been in compliance since 1997. Discussion ensued. Member Solomon, seconded by Member Skiles, moved in Case No. 96-123 to reduce the fine from $175,400.00 to $0 and to satisfy the lien. Motion carried 7-0. Member Konicek, seconded by Member Skiles, moved to hear testimony from Case No. 01- 049 and Case No. 01-050 as same. Motion carried 7-0. Code Enforcement Board Minutes November 27,2001 Case No. 01-049 -Nestor & Carmen M. Arzola 1007 Ursula Street Officer Siegrist Violation Cited: 115-5 09-06-01 NOCV Re-Inspection Date: 10-17-01 10-26-01 SOV 10-26-01 NOH Meeting Date: 11-27-01 10-26-01 POS Certified Mail Observation: Backyard grass over 10'. Case No. 01-050 - Inez Rodriquez 1006 Ursula Street Officer Siegrist Violation Cited: 115-5 09-06-01 NOCV Re-Inspection Date: 10-17-01 10-26-01 SOV 10-26-01 NOH Meeting Date: 11-27-01 10-26-01 POS Certified Mail 11-15-01 POS Hand Delivery Observation: Backyard grass over 10'. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the cases, presented exhibits, and stated the property is in compliance. Member Skiles, seconded by Member Konicek, moved to find the Respondents in Case No. 01-049 and Case No. 01-050 in violation of Section 115-5 as of September 20, 2001, but in compliance as of October 30, 2001, and no fine or penalty imposed. Motion carried 7-0. ‘1161,,, Case No. 01-052- US Bank National Assn TR do Equicredit Corp of America 475 Little Rock Street Officer Loeffler Violation Cited: 108-23 D; 108-23 M(1&2);108-23 N(1&2); 108-35; 115-3 10-11-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail Observation: Junk,debris,large auto-parts,paint cans,clothing,boxes,propane tanks littering property. Structure open/unsecured. Rear exterior personnel door missing. Penetrations/holes in exterior walls. Code Enforcement Officer Loeffler,having been sworn,presented exhibits, gave a detailed history of the Case, and stated the property is in non-compliance. Member Skiles, seconded by Member Donenfeld, moved to find the Respondent in Case No. 01-052 in violation of Section 108-23D; 108-23M(1&2); 108-23N(1&2); 108-35; and 115-3 as of October 26, 2001, but to give until December 12, 2001, or impose fine of$100.00 per day and to order the City of Ocoee to secure the property if not in compliance by December 12, 2001. Motion carried 7-0. Case No. 01-053 - Nestor & Carmen M. Arzola 1007 Ursula Street Officer Siegrist Violation Cited: 108-12D; 108-19D;108-22;10-23E(1&2);108-24D;LDC 54-3A(1)D;NEC 370.25 10-16-01 NOCV Re-Inspection Date: 10-30-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail Observation: Did not schedule a Minimum Standards re-inspection to verify compliance. Code Enforcement Board Minutes November 27,2001 Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and stated the property is in non- compliance. Member Chancey, seconded by Member Solomon, moved to find the Respondents in Case No. 01-053 in violation of Section 108-12D; 108-19D; 108-22; 108-23E (1&2); 108-24D; LDC 54-3A(1)D as of October 26, 2001, but in compliance except for Section No. 108-19D and 108-22 as of November 27, 2001, but to give until December 4, 2001, to comply or impose fine of$100.00 per day. Motion carried 7-0. Case No. 01-054 - Ignacio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation Cited: 165-3 09-13-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail Observation: One junk in-operable, white van with no tag, and unattached wheel. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a brief history of the Case, and stated the property is in non-compliance. Member Chancey, seconded by Member Henderson, moved to fined the Respondents in Case NO. 01-054, in violation of Section 165-3 as of September 28, 2001, but to give until December 4, 2001, to comply or impose fine of$100.00 per day. Motion carried 7-0. Case No. 01-055 - Mary Lynn Griffin-Jocoy 700 Center Street Officer Loeffler Violation Cited: 165-3 09-21-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail 11-19-01 POS Hand Delivery Observation: In operable/untagged vehicle, tan Jeep station wagon. Code Enforcement Officer Loeffler,having been sworn, presented exhibits, gave a brief history of the Case and stated the property is in non-compliance Member Skiles, seconded by Member Konicek, moved to find the Respondent in Case No. 01-055 in violation of Section 165-3 as of October 5, 2001, but to give until December 4, 2001, to comply or impose fine or$100.00 per day. Motion carried 7-0. Case No. 01-056- Edward J. & Lori Ann Rawa 418 Tranquille Oaks Drive Officer Loeffler Violation Cited: 115-3 09-13-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail 11-16-01 POS Posting Observation: Miscellaneous junk, debris, trash and auto parts and equipment. Code Enforcement Board Minutes November 27,2001 Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in compliance. Member Solomon, seconded by Member Skiles, moved to find the Respondents in Case No. 01-056 in violation of Section 115-3 as of September 28, 2001, but in compliance as of November 27, 2001, and no fine or penalty to be imposed. Motion carried 7- 0. Case No. 01-057 - Robert L. Bagley 2006 Paula Michelle Court Officer Siegrist Violation Cited: 108-12D; 108-19D; 108-22; 108-23D,O,Q; 108-24D; NEC 370-25; SPC 606.3.4.1 10-16-01 NOCV Re-inspection Date: 10-30-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail Observation: Did not schedule a minimum standards re-inspection to verify compliance. Code Enforcement Officer Siegrist, having been sworn, stated the City of Ocoee is requesting a continuance until the January 2002, Code Enforcement Board Meeting. Member Chancey, seconded by Member Konicek, moved to continue Case No. 01-057 until the January 2002, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 7-0. Case No. 01-059 - Kenneth D. Grimes 130 N. Bluford Avenue Officer Loeffler Violation Cited: 108-23M(1&2) ; 115-3 10-25-01 NOCV Re-Inspection Date: 11-06-01 11-14-01 SOV 11-14-01 NOH Meeting Date: 11-27-01 11-14-01 POS Certified Mail Observation: Junk and debris in backyard, along the fence is tires, garbage, and rear exterior door off hinges. Code Enforcement Officer Loeffler, having been sworn, stated the City of Ocoee is requesting dismissal of this Case. Member Skiles, seconded by Member Henderson, moved to dismiss Case No. 01-059 at the request of the City of Ocoee. Motion carried 7-0. Case No. 01-064 -Luis & Austria Cordoves 2010 Shari Lynn Terrace Officer Siegrist Violation Cited: 108-12D;108-24D;NEC 110-12 A;SPC 606.3.4.1 10-25-01 NOCV Re-Inspection Date: 11-09-01 11-19-01 SOV 11-19-01 NOH Meeting Date: 11-27-01 11-19-01 POS Certified Mail Observation: Did not schedule a minimum standards re-inspection to verify compliance. Code Enforcement Officer Siegrist, having been sworn, and stated the City of Ocoee is requesting a continuance until the January 2002, Code Enforcement Board Meeting. Code Enforcement Board Minutes November 27,2001 Member Konicek, seconded by Member Skiles, moved continue Case No. 01-064 until the January 2002, Code Enforcement Board Meeting. Motion carried 7-0. Case No. 01-065 -Bernard Johnson & Diane Mack 823 Satin Leaf Circle Officer Siegrist Violation Cited: 108-23Q 10-25-01 NOCV Re-Inspection Date: 11-13-01 11-15-01 SOV 11-15-01 NOH Meeting Date: 11-27-01 11-15-01 POS Hand Delivery Observation: Fence needs repair;missing slats and leaning sections. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a brief history of the Case and stated the property is in non-compliance. Member Solomon, seconded by Member Henderson, moved to find the Respondents in Case No. 01-065, in violation of Section 108-23Q as of November 04, 2001, but to give until December 4, 2001, to comply or impose fine of$100.00 per day. Motion carried 7-0. OTHER BUSINESS Case No. 01-048 - Harold E. & Cathy A. Nagel, III 703 Wurst Road Officer Siegrist Violation Cited: 51-21;51-31 09-05-01 NOCV Re-Inspection Date: 09-27-01 10-10-01 SOV 10-10-01 NOH Meeting Date: 10-23-01 10-12-01 POS Hand Delivery 10-23-01 CO Given until 11-217-01 or pay$250 per day Observation: Obtain permit and have inspections completed. Code Enforcement Officer Siegrist, having been sworn, gave a detailed history the Case and stated the property is in non-compliance. Member Chancey, seconded by Member Konicek, moved in Case No. 01-048 to impose fine and lien of$250.00 per day effective November 28, 2001. Motion carried 7-0. COMMENTS Building Clerk Ramos - Wished everyone Happy Holidays. Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler -None Attorney O'Quinn -None Vice-Chairman Lenko - Wished everyone Happy Holidays. Member Konicek—Wished everyone Happy Holidays and a prosperous New Year. Member Chancey-None Member Solomon - Said to bring our troops home safely. Member Henderson -None Member Donenfeld - Wished everyone Happy Holidays. Member Skiles - Wished everyone Merry Christmas and Happy New Year. Administrative Assistant II Maxwell—None Code Enforcement Board Minutes November 27,2001 L Member Donenfeld, seconded by Member Skiles, moved to cancel the December, 2001, Code Enforcement Board Meeting. Motion carried 7-0. ADJOURNMENT Meeting adjourned at 10:44 p.m. Attest: APPROVED: GC4440,t . Carmen Ramos, Building Clerk Denise Lenko, Vice-Chairman LCIL002-1 Brenda Maxwell, Ad Aniitrative Assistant II L