HomeMy WebLinkAbout01-25-2000 Minutes MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
January 25, 2000
CALL TO ORDER
Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to
order at 7:31 p.m. in the Commission Chambers of City Hall. Alternate Member Solomon
led the invocation and the Pledge of Allegiance. The roll was called and a quorum declared
present.
PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Holmes and
Konicek, and Alternate Members Godek and Solomon. Also present were
Attorney Tom Feeney, Code Enforcement Supervisor Shelly Simon, Code
Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S.
Harris, and Administrative Secretary Marisa Dawson.
ABSENT: Members Ellison and Skiles (both excused).
APPROVAL OF MINUTES OF NOVEMBER 23, 1999, MEETING
Vice Chairman Lenko, seconded by Member Konicek, moved to approve the Minutes of the
November 23, 1999, Code Enforcement Board meeting 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: NOCV-NOTICE OF CODE VIOLATION;NOH-NOTICE OF HEARING;SOV-STATEMENT
OF VIOLATION(S);OOC-ORDER OF CONTINUANCE;AND POS-PROOF OF SERVICE.
Vice Chairman Lenko, seconded by Member Godek, moved that Cases 99-160, 99-170, 00-
001 and 00-011 be dismissed at the request of the City. Motion carried 7-0.
Vice Chairman Lenko, seconded by Member Chancey, moved that Cases 99-152 be heard first
and 99-151 be heard second. Motion carried 7-0.
Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code
Enforcement Officers Loeffler and Siegrist.
Case 99-152, Clara R. Auric Life Estate, REM; Cathy Jo Piroth, and Charlene McCrea,
330 Spring Bluff Court Officer Siegrist
Violation cited: 115-5 A, B & C; 115-6
08-10-99 - NOCV Re-inspection Date: 09-30-99
10-07-99 - SOV
10-07-99 NOH Meeting Date: 10-26-99
Code Enforcement Minutes
January 25, 2000
L, 10-07-99 - POS Mail Z 057 388 056
10-26-99 - Comp. Order Comply with 115-6 by 11-2-99 or $250 per day fine
11-09-99 - Aff. Of Non-Compliance Reinspection on 11-09-99
11-23-99 - Order Imposing Fine & Lien $250 per day as of 11-2-99
12-09-99 - Aff. Of Compliance Complied 12-7-99 ($8,500 fine accrued)
Observation: Grass over ten inches in the backyard and side yard. Dirty swimming pool
water.
Chairman Linebarier gave a brief summary of the history of the case.
Clara Amic, the respondent, having been sworn, stated that they have pumped out the pool
twice and that it is now empty. She stated she did not receive any notice since they were sent
to Charlene McCrea and she did not recognize the signatures on the proof. She was advised
that it is up to her to maintain a correct address with the County Tax Collector's office.
Celeste Howell, the respondent's daughter, having been sworn, stated that she lives with her
mother. She stated that they pumped the pool out twice and that they were not aware that the
fines were accruing. She stated that Ms. McCrea's son, David Runco, lives with Ms.McCrea,
and it appeared that he signed on the proof. A discussion ensued.
Vice-Chairman Lenko, seconded by Member Chancey, moved to consider reducing the fine in
Case 99-152. Motion carried 7-0.
L, Member Chancey, seconded by Vice Chairman Lenko, moved to reduce the fine from $8,500
to $1,000. After a brief discussion,
Chairman Linebarier moved to amend the original motion to reduce the fine imposed from
$8,500 to $500 if paid by 2-5-00 or have the fine revert back to $8,500. The amended motion
died for lack of a second.
Chairman Linebarier, seconded by Member Holmes, moved to amend the original motion to
reduce the fine imposed from $8,500 to $500 if paid by March 1, 2000 or have the fine revert
back to $8,500. The amended motion carried 7-0.
The original motion as amended carried 7-0.
Case 99-151, Thomas G. Zosel, 180 N. Cumberland Avenue Officer Siegrist
Violation cited: 108-19 A, F (lc) ; 108-21 A & B; 108-22; 108-23 D, E (1 & 2) ; M (1 &
2) ; Q; R (2) ; T; U; V; and NEC 370-25
09-16-99 - NOCV Re-inspection Date: 09-28-99
10-07-99 - SOV
10-07-99 - NOH Meeting Date: 10-26-99
10-07-99 - POS Mail Z 057 388 055
10-26-99 - Comp. Order Comply by 12-7-99 or $200 per day fine
12-20-99 - Aff. Of Compliance Complied 12-15-99 ($1,400 fine accrued)
Observation: House in substandard condition with electrical system; not to NEC Code
per Eddie Hendrix, Chief Electrical Inspector.
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January 25, 2000
Officer Siegrist gave a brief history of the case. He stated that there has been continual
progress made on the property.
Thomas Zosel, the respondent, having been sworn, stated that they have been working on the
house but they kept running into more problems on the home as they worked on it. They
completed everything a week after the extension ran out. A discussion ensued.
Member Holmes, seconded by Member Godek, moved to consider reducing the fine in Case
99-151. Motion carried 7-0.
Vice-Chairman Lenko, seconded by Member Konicek, moved to reduce the fine from $1,400
to $400. After a brief discussion,
Member Godek, seconded by Member Holmes, moved to amend the original motion to reduce
the fine imposed from $1,400 to $200. The amended motion carried 4-3, with Members
Godek, Holmes, Konicek and Solomon voting in favor, and Chairman Linebarier, Vice-
Chairman Lenko and Member Chancey voting against.
The original motion as amended carried 4-3, with Members Godek, Holmes, Konicek and
Solomon voting in favor, and Chairman Linebarier, Vice-Chairman Lenko and Member
Chancey voting against.
Member Holmes, seconded by Member Konicek, moved that Case 00-002 be taken out of
order and heard next . Motion carried 7-0.
Case 00-002, Edwin & Deborah Colon, 2011 Shari Lynn Terrace Officer Loeffler
Violation cited: 108-19 D, F(lb) , I; 108-20 B; 108-23 E(2) , R(2) ; 606.3.4.1; 108-12 D
12-13-99 - NOCV Re-inspection Date: 01-07-00
01-07-00 - SOV
01-07-00 - NOH Meeting Date: 1-25-00
01-07-00 - POS Mail Z 333 613 784
Observation: Did not schedule a re-inspection to verify correction of violations from
the conducted Minimum Housing Standards inspection.
Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the
property is not in compliance.
Edwin & Deborah Colon, the respondents, having been sworn, stated that the property is in
compliance except for the bathroom ventilation, which they cannot afford to correct. They
stated that they recently purchased the home, and it passed inspection with the private inspector
that they hired. A discussion ensued.
Vice-Chairman Lenko, moved to find the respondents in Case 00-002 in violation as cited as
of December 23, 1999, and give the respondents until February 15, 2000 to comply or be fined
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January 25, 2000
(ow $100 per day. Motion failed for lack of a second.
Member Holmes, seconded by Member Chancey, moved to find the respondents in Case 00-
002 in violation as cited as of December 23, 1999, and give the respondents until February 25,
2000 to comply or be fined$100 per day. Motion carried 7-0.
Recess from 8:35 p.m. to 8:48 p.m.
Case 99-164, David P. & Deborah J. Rose, 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: 1-25-00
12-09-99 - POS Mail Z 333 613 767 (Incorrectly Signed)
12-20-99 - POS Mail Z 333 613 782
01-06-00 - POS Posted
Observation: Did not schedule a re-inspection to verify correction of Minimum Housing
violations.
Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the
property is not in compliance. He is having a difficult time locating the property owner and a
tenant is living there now. A lengthy discussion ensued.
Vice-Chairman Lenko, seconded by Member Chancey, moved to find the respondents in Case
99-164 in violation as cited as of November 18, 1999, and give the respondents until February
4, 2000 to comply or be fined $100 per day per violation ($1,200 total per day). Motion
carried 7-0.
Chairman Linebarier requested that the notice be hand-delivered to the property.
Mayor Vandergrift advised the Board that they could draft a resolution requesting the City to
notify the Board of Realtors, closing agents and home inspectors of the minimum housing code
once a year. Chairman Linebarier requested Attorney Feeney to draft a resolution to the
Board of Realtors regarding minimum housing code inspections.
Case 99-165, Isaias & Susan Martinez, 205 Franklin Street Officer Loeffler
Violation cited: 165-3
10-25-99 - NOCV Re-inspection Date: 11-24-99
12-09-99 - SOV
12-09-99 - NOH Meeting Date: 1-25-00
12-09-99 - POS Mail Z 333 613 769
Observation: One wrecked, blue Toyota two-door with expired tag #PBN-34I.
Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the
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January 25, 2000
(aw property is now in compliance.
Member Chancey, seconded by Member Holmes, moved to find the respondents in Case 99-
165 in violation as cited as of November 24, 1999, but in compliance as of December 10,
1999, and no fine or penalty be imposed. Motion carried 7-0.
Case 99-166, Isaias & Susan Martinez, 205 Franklin Street Officer Loeffler
Violation cited: 115-3; 115-5; 108-22; 108-23 D, M (1 & 2) ; 0; Q
10-25-99 - NOCV Re-inspection Date: 11-24-99
12-09-99 - SOV
12-09-99 - NOH Meeting Date: 1-25-00
12-09-99 - POS Mail Z 333 613 770
Observation: Miscellaneous junk debris trash(auto parts, tires, batteries, old john-
boats, two without trailer, stack of cement blocks, covered stacked items on east side
of house, old appliance, etc.) . Overgrown weeds and grass. Dilapidated, rotted and
collapsing accessory structure attached to east side of house with collapsing roof and
supports. Missing front exterior door and rotted east-side exterior door. Missing,
damaged and un-sealed exterior siding, front and east side of house. Missing window
screens. Wiring not to code; front entrance with missing door has split zip-cord with
light bulb socket suspended below and romex wiring without exterior weather/water-
tight conduit leading from east side exterior wall to non-exterior electrical blower-
fan motor.
Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the
property is in partial compliance, but that it is still in violation of 115-3, 108-23 Q and 108-23
M (1 & 2).
Vice-Chairman Lenko, seconded by Member Godek, moved to find the respondents in Case
99-166 in violation of 115-5, 108-22, 108-23 D and 108-23 0 as cited as of November 24,
1999, but in compliance as of December 10, 1999, and no fine or penalty be imposed, but to
find the respondents in violation of 115-3, 108-23 Q and 108-23 M (1 & 2) as cited as of
November 24, 1999, but in compliance as of December 10, 1999, and give the respondents
until February 1, 2000 to comply or be fined$100 per day. Motion carried 7-0.
Case 99-167, John D. & Kimberly Farmer, III, 715 Stinnett Drive Officer Loeffler
Violation cited: 108-23 Q; 165-3; SBCCI 606.3.4.1; 108-12 ID
09-20-99 - NOCV Re-inspection Date: 11-24-99
12-09-99 - SOV
12-09-99 - NOH Meeting Date: 1-25-00
12-09-99 - POS Mail Z 333 613 772
Observation: Did not schedule a re-inspection to verify corrections of violations
from Minimum Housing Standards Inspection.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
Member Holmes, seconded by Member Godek, moved to find the respondents in Case 99-167
in violation as cites as of September 30, 1999, and give the properly owners until February 1,
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January 25, 2000
2000 to comply or be fined $100.00 per day. Motion carried 6-0 (Member Chancey was out of
the room).
Case 99-172, Cleo Flener & Josephine Radziminski Flener Officer Loeffler
88 Buck Key Court
Violation cited: 115-3
11-15-99 - NOCV Re-inspection Date: 12-01-99
12-10-99 - SOV
12-10-99 - NOH Meeting Date: 1-25-00
12-10-99 - POS Mail Z 333 613 777
Observation: Miscellaneous junk/debris, auto debris, buckets and auto repair
equipment littering yard/drive.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
Member Holmes, seconded by Member Godek, moved to find the respondents in Case 99-172
in violation as cited as of November 30, 1999, but in compliance as of December 20, 1999,
and no fine or penalty be imposed. Motion carried 7-0.
Case 99-176, Leonard M. & Samantha L. Ziegler, 615 N. Lakewood Ave. Officer Siegrist
Violation cited: 165-3A
11-30-99 - NOCV Re-inspection Date: 12-16-99
12-20-99 SOV
12-20-99 NOH Meeting Date: 1-25-00
12-20-99 - POS Mail Z 333 613 781
Observation: One Chevy truck (gray) - no hood or engine, no tag, backed in front of
driveway.
Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case.
Vice-Chairman Lenko, seconded by Member Solomon, moved to find the respondents in Case
99-176 in violation as cited as of December 15, 1999, but in compliance as of December 28,
1999, and no fine or penalty be imposed. Motion carried 7-0.
Case 99-177, Sam Zalloum Tr., 59 Periwinkle Key Drive Officer Siegrist
Violation cited: 115-5
11-30-99 - NOCV Re-inspection Date: 12-16-99
12-20-99 - SOV
12-20-99 - NOH Meeting Date: 1-25-00
12-20-99 - POS Mail Z 333 613 780
01-04-00 - POS Post
Observation: Weeds/grass over 10 inches.
Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case.
Vice-Chairman Lenko, seconded by Member Solomon, moved to find the respondent in Case
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January25, 2000
99-177 in violation as cited as of December 15, 1999, but in compliance as of January 11,
2000, and no fine or penalty be imposed. Motion carried 7-0.
Case 00-008, Philomena Jordan, 1514 Lady Avenue Officer Loeffler
Violation cited: 108-19 D; 108-23 E(2) ; 108-12 D
12-14-99 - NOCV Re-inspection Date: 01-04-00
01-07-00 - SOV
01-07-00 - NOH Meeting Date: 1-25-00
01-07-00 - POS Mail Z 333 613 793
01-13-00 - POS Post
Observation: Did not schedule a re-inspection to verify correction of the Minimum
Housing inspection.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
Member Chancey, seconded by Member Konicek, moved to find the respondent in Case 00-
008 in violation as cited as of December 24, 1999, but in compliance as of January 25, 2000,
and no fine or penalty be imposed. Motion carried 7-0.
Recess from 9:50 p.m. to 10:00 p.m.
Case 00-010, Juan Ayala & Junior Ayala, 410 Little Spring Hill Dr. Officer Loeffler
Violation cited: 108-20 B; 108-22; 108-23 M(2) , 0; 108-24 ID; NEC 110-12 A; NEC 370-25;
108-12 D
12-14-99 - NOCV Re inspection Date: 01-04-00
01-10-00 SOV
01-10-00 - NOH Meeting Date: 1-25-00
01-10-00 - POS Mail Z 333 613 796 (Juan Ayala)
01-10-00 - POS Mail Z 333 613 797 (Junior Ayala)
01-13-00 - POS Hand Delivery
Observation: Did not schedule a re-inspection to verify correction of the Minimum
Housing inspection.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
Vice-Chairman Lenko, seconded by Member Godek, moved to find the respondents in Case
00-010 in violation as cited as of December 24, 1999, and give the property owners until
February 1, 2000 to comply or be fined$100.00 per day. Motion carried 7-0.
Case 00-012, Lorenzo Landa, 808 Wurst Road Officer Loeffler
Violation cited: 108-23 Q; 108-35
11-30-99 - NOCV Re-inspection Date: 01-04-00
01-10-00 - SOV
01-10-00 - NOH Meeting Date: 1-25-00
01-10-00 - POS Mail Z 333 613 800
01-13-00 - POS Hand Delivery
Observation: Two dilapidated, rotted accessory structures with mattresses, strong
urine odor, personal effects/toiletries, exposed wiring.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
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C
Vice-Chairman Lenko, seconded by Member Holmes, moved to find the respondent in Case
00-012 in violation as cited as on December 30, 1999, and give the respondent until February
1, 2000 to comply or be fined$250.00 per violation per day. Motion carried 7-0.
Case 99-111, Mahendra N. Samaroo, 688 Veronica Circle Officer Loeffler
Violation cited: 108-35
05-05-99 - NOCV Re-inspection Date: 06-07-99
06-08-99 - SOV
06-08-99 - NOH Meeting Date: 6-22-99
06-08-99 - POS Posted by E. Loeffler
06-22-99 - Exhibit A (Photo)
06-22-99 - Comp. Order Comply by 7-9-99 or $250 per day fine
08-24-99 - Aff. Of Compliance Complied 8-23-99
08-24-99 - Order Imposing Fine & Lien $11,000 total amount due
01-07-00 - Application to Foreclose O.I.F.L. due for $11,000
Observation: Partially erected structure (walls/foundation) . Walls do not have
lintel/tie beams.
Vice-Chairman Lenko, seconded by Member Godek, moved to approve the application to
foreclose on the $11,000 lien on the subject property. Motion carried 7-0.
Case 99-143, Christopher A. and Elena Wagner, 1103Caballero Road Officer Loeffler
Violation cited: 108-22; 108-23 E(2) ; 108-24 D; NEC 370-25; 108-12 D
09-10-99 - NOCV Re-inspection Date: 09-23-99
09-24-99 - SOV
09-24-99 - NOH Meeting Date: 10-26-99
09-24-99 - POS Mail Z 057 388 046
10-26-99 - OOC Meeting Date: 11-23-99
11-15-99 - POS Hand delivery by OCPD Sgt. Combs
11-18-99 - POS Hand delivery by OCPD Ofc. Fisher on 11-16-99
11-23-99 - Compliance Order $150.00 per day as of 12-07-99
12-10-99 - Affidavit Of Non-Compliance
Observation: Did not schedule a re-inspection to verify correction for Minimum
Housing Standards compliance.
Member Holmes, seconded by Member Godek, moved in Case 99-143 to impose a fine and
lien of$150.00 per day for the violations as cited as of December 8, 1999. Motion carried 7-
0.
OTHER BUSINESS
Member Holmes asked about Case 99-142 and was advised that the fine and lien were
imposed.
COMMENTS:
Vice-Chairman Lenko asked about fines paid on Cases 99-037 and 99-109.
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Member Holmes wished everyone a belated Happy New Year.
No other comments from the Board or Staff.
Meeting adjourned at 10:20 p.m.
Attest: APPROVED:
d"C2/2,4C1
ea, " - ��0: n H , S'ng Clerk / John H. Linebarier, Chairman
snutA.Lea_ ha-' 4-mac
Marisa Dawson, Administrative Secretary
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