The URL can be used to link to this page

Home My WebLink About07-27-1999 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING July 27, 1999 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:34 p.m. in the Commission Chambers of City Hall and led in the Pledge of Allegiance. Member Ellison led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Members Chancey, Ellison, Holmes, Konicek, Skiles, and Alternate Member Godek sitting in for Vice Chairman Lenko. Also present were Attorney Thomas C. Feeney, III, Code Enforcement Supervisor Shelly Simon, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S. Harris, and Acting City Clerk Marian Green. ABSENT: Vice Chairman Lenko and Alternate Member Hall. Both excused. APPROVAL OF MINUTES OF JUNE 22, 1999, MEETING Member Holmes, seconded by Alternate Member Godek, moved to approve the Minutes of the June 22, 1999, Code Enforcement Board meeting as presented. Motion carried 6-0. (Member Skiles abstained as he was not present for the June 22 meeting.) 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. Member Skiles, seconded by Alternate Member Godek, moved that Case 99-096 be dismissed at the request of the City. Motion carried 7-0. Member Sidles, seconded by Alternate Member Godek moved that Case 99-115 be continued until the August 24, 1999, meeting at the request of the City. Motion carried 7-0. Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Case 99-101, Gerald R. and Christine R. Blake, 905 Maureen Ave. Officer Loeffler Violation cited: LDC 6-4H(5b) 05-05-99 - NOCV Re-inspection Date: 05/24/99 05-26-99 - SOV 05-26-99 - NOH Meeting Date: 06-22-99 Code Enforcement Minutes July 27, 1999 05-26-99 - POS Mail Z 526 937 088 06-22-99 - 00C 06-24-99 SOV 06-24-99 - NOH Meeting Date: 07-27-99 06-24-99 - POS Posted by E. Loeffler 07-27-99 - In Compliance Observation: Boat in front of house. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case. Mr. Blake, after having been sworn, stated the violation has been corrected. Chairman Linebarier asked Mr. Blake why it took so long to correct. Mr. Blake said the delay was due to the trailer's broken axle and his laziness. Chairman Linebarier cautioned Mr. Blake that should he be found in violation again of the same article, the penalty would be imposed as of the date the violation is noticed without benefit of a board hearing. Member Skiles, seconded by Alternate Member Godek, moved to find the respondent in Case 99-101, Gerald R. and Christine R. Blake be found in violation of LDC 6-4H (Sb) as of May 20, 1999, but in compliance as of July 27, 1999 and no fine be imposed. Motion carried 7-0. Case 99-105, Stephen S. and Christina J. Ford, 707 Russell Drive Officer Loeffler Violation cited: NEC 440-11; 108-12; 108-19 D; SBCCI 606.3.4.1 05-10-99 - NOCV Re-inspection Date: 05-24-99 05-26-99 - SOV 05-26-99 - NOH Meeting Date: 06-22-99 05-26-99 - POS Mail Z 526 937 092 06-22-99 OOC 06-24-99 - SOV 06-24-99 - NOH Meeting Date: 07-27-99 06-24-99 - POS Posted by E. Loeffler Observation: Did not schedule a re-inspection for the Minimum Housing Standards compliance. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case. He added the property was not in compliance as of July 27, 1999. Chairman Linebarier asked if there was anyone in the audience to represent Steven S. and Christina J. Ford. Hearing none, the Chairman addressed the Board for recommendation. Member Chancey, seconded by Member Ellison, moved to find the respondent in Case 99- 105 in violation of 108-12; 108-19 D; 606.3.4.1; NEC 440-11 as of May 23, 1999 and respondent has until August 3, 1999, to comply or forfeit $150.00 per day. Motion carried 7- 0. Case 99-114, Edmund and Frances Roberts, 15 Pine Key Court Officer Siegrist Violation cited: 108-19 F(b) ; 108-23 D,V;108-24 D; NEC 110-12; NEC 370-25; 108-12 D 06-07-99 - NOCV Re-inspection Date: 06-26-99 07-02-99 - SOV 07-02-99 - NOH Meeting Date: 07-27-99 07-02-99 - POS Mail Z 526 937 115 2 Code Enforcement Minutes July 27, 1999 Observation: Did not schedule a re-inspection for the Minimum Standards compliance. Code Enforcement Officer Siegrist having been sworn, gave a brief history of the Case. He inspected the property on July 14, 1999 with tenant and owner present and observed the property was now in compliance. Member Skiles, seconded by Member Konicek, moved to find the respondent in Case 99-114 in violation of 108-19 F(b); 108-23 D, V; 108-24 D; NEC 110-12; NEC 370-25; 108-12 D as of June 17, 1999, but in compliance as of July 14, 1999 and no fine be imposed. Motion carried 7-0. Case 99-116, Dean Harper, Inc. 50% Interest and Denver R. Harper 50% Interest, 39 Eagle Key Drive. Officer Loeffler Violation cited: 69-14; 69-20 07-19-99 - NOCV Re-inspection Date: 06-21-99 07-19-99 - SOV 07-19-99 - NOH Meeting Date: 07-27-99 07-19-99 - POS Mail Z 526-937-119 Observation: Property owner had unlicensed person perform electrical repair which resulted in fire damage to 3 meter boxes and disconnects. Code Enforcement Officer Loeffler having been sworn, gave a brief history of the Case. Chairman Linebarier asked the officer if he had any substantiation that the work was completed by an unlicensed worker. Officer Loeffler stated that Chief Electrical Inspector Hendrix was to appear, but left early due to illness. Chairman Linebarier said he felt the board needed the testimony of Mr. Hendrix and the Florida Power representative. Discussion ensued. Member Skiles, seconded by Member Ellison, moved that Case 99-116 be continued until August 24, 1999, meeting for additional testimony. Motion carried 7-0. Case 99-117, Edward J. Terry Tr., do S. A. Tarr, 253 Ocoee-Apopka Road Officer Loeffler Violation cited: CC 108-35 06-17-99 NOCV Re-inspection Date: 07-19-99 07-19-99 -SOV 07-19-99 NOH Meeting Date: 07-27-99 07-19-99 -POS Mail Z-336-283-456 Observation: Front canopy support beam bent, Rear windows broken/missing. Rotted/collapsing rear canopy and rear addition, building debris littering area, rear entrance doors and frame broken/rotted. Roof damaged/rotted/leaking; holes in walls; damaged flooring/tile; exposed wiring and plumbing; water damaged interior wall/and ceiling; open panel boxes and uncovered outlets. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and presented pictures. Mr. Bob Lerner, having been sworn, stated that he was the Attorney for the beneficial interest 3 Code Enforcement Minutes July 27, 1999 in the property and explained that his client has always been willing to work with the City on bringing this property to code. Currently, there is a contract for sale which will not expire until August 24, 1999. Further, he expressed concern that any changes to the property may cause breach of contract. His client is aware the property needs to be made safe and secured, but is asking for an opportunity to see if the property will sell or to see if it can be redeveloped. Mr. Lerner then asked for five months to sell, tear down, or rehab the property. T.J. Carter, 1068 Windsong Circle, Apopka, having been sworn, stated he would take appropriate measures to secure the building. Code Enforcement Supervisor Simon stated that the City wanted the building made safe, and the only way to do so is to bring it up to current code. At this time, it is a non-conforming, abandoned building with no residual value or regulatory value. The building is over 50% dilapidated. The property has not been maintained since under the current ownership. Mr. Carter said they had been responsive to the City's requests for yard maintenance. He then asked for a grace period. Discussion ensued. Clerk's Note: Chairman Linebarier was away from the dais 8:32 p.m. - 8:35 p.m. Member Ellison, seconded by Member Holmes, moved to find the respondent in Case 99-117 in violation of City Code 108-35 as of July 17, 1999, and respondent be given until July 30, 1999, to secure the property to the satisfaction of the Code Inspectors and this Case be fhir continued until August 24, 1999. If not secured by July 30, 1999, the respondent will be fined $250.00 a day. Motion carried 7-0. Recess 8:50 p.m. to 9:03 p.m. Case 99-046, Gary Lee Armstrong, 1106 Caballero Road Officer Siegrist Violation cited: Section 108-23 E2 10-20-98- NOCV Re-inspection Date: 01-13-99 02-08-99- SOV 02-08-99- NOH Meeting Date: 02-23-99 02-08-99- POS Mail Z 526-937-054 02-23-99- Submit Photos Exhibit A,B,C 02-23-99- Compliance Order, March 9, 1999 or $150.00 a day 03-23-99- Date Amended to June 30, 1999 07-22-99- Affidavit of Compliance, complied 07-13-99, amount due $1800.00 Observation: Roof with many damaged shingles, in state of disrepair. Part of the roof is covered with visqueen and bricks. Code Enforcement Officer Siegrist, having been sworn, had no additional testimony. Gary L. Armstrong, 1106 Caballero Road, having been sworn, stated that he had problems getting the work done in time as he and his father, a former roofer, were making the repairs and both his mother and father were in poor health. Lee E. Armstrong, 5611 Arundel Drive, having been sworn, provided documentation of his kiaw and Mrs. Armstrong's medical conditions and stated he had asked for a thirty day extension on 4 Code Enforcement Minutes July 27, 1999 6-28-99 to complete the work by 7-13-99. Discussion ensued. Chairman Linebarier stated that since Mr. Lee Armstrong was not the owner of the property, his illness would not affect work being completed. Member Holmes asked Mr. Gary Armstrong when the original damage had occurred. Mr. Armstrong stated that it was hail damage from several years ago. Discussion ensued. Member Skiles, seconded by Member Konicek, moved to find the respondent in Case 99-046 in violation of Section 108-23 E2 as of June 30, 1999, and in compliance as of July 13, 1999 and that the penalty of$1800.00 be reduced to zero. (See below for vote after amendments were defeated.) Discussion ensued. Member Ellison, seconded by Member Chancey, moved to amend motion and find the respondent in Case 99-046 in violation of Section 108-23 E2 as of June 30, 1999, and in compliance as of July 13, 1999, and to raise the reduced penalty from zero to $900.00. Motion was defeated 3-4. Chairman Linebarier, Members Konicek, Skiles, and Godek dissented. Discussion ensued. Member Holmes, seconded by Member Chancey, moved to amend motion and find the respondent in Case 99-046 in violation of Section 108-23 E2 as of June 30, 1999, and in compliance as of July 13, 1999, and to raise the reduced penalty from zero to $500.00. Motion was defeated 2-5. Chairman Linebarier, Members Konicek, Ellison, Skiles, and Godek dissented. Discussion ensued Member Skiles, seconded by Member Holmes, moved to amend motion and find the respondent in Case 99-046 in violation of Section 108-23 E2 as of June 30, 1999, and in compliance as of July 13, 1999 and to raise the reduced penalty from zero to $100.00. Motion was defeated 3-4. Chairman Linebarier, Members Konicek, Ellison, and Chancey dissented. Discussion ensued A vote on the original motion to reduce the penalty in Case 99-046 from $1800.00 to zero carried 4-3 with Members Chancey, Ellison and Holmes dissenting. Chairman Linebarier explained to Mr. Armstrong that the fine of $1800.00 was reduced to zero by the Board, but if the code was violated again, the fine will begin from the day the violation was cited Case 99-109, Erick and Yves Rose Franklin, 2368 Blake Way, Repeat Violation Officer Loeffler Violation cited: 119-2 05-28-99- NOCV Re-inspection Date: 05-28-99 05-28-99- SOV 05-28-99- NOH Meeting date: 6-22-99 05-28-99- POS Hand Delivered by Officer E. Loeffler 06-22-99- Exhibits A-M (copies and film) cow 06-22-99- Order imposing fine and lien - 05-28-99 or $250.00 per day 07-02-99- Affidavit of Compliance 06-25-99 5 Code Enforcement Minutes July 27, 1999 06-30-99- Order imposing fine and lien of $7,000.00 07-09-99- Request for re-Hearing/Reduction of fine Observation: Operating two businesses without an occupational license: "Kitchen Magic" and "Surface Doctor" . Code Enforcement Officer Loeffler, having been sworn, had no additional testimony on the Case. Member Ellison, seconded by Alternate Member Godek, moved to grant a rehearing of Case 99-109 for a reduction of fine. Motion carried 7-0. Brenda H. Smith, Attorney for Mr. Franklin, having been sworn, presented her understanding of the case and supported her opinion that the fine should not exceed $250.00 plus costs, per state statute. Discussion ensued. Mrs. Rose Franklin, having been sworn, stated "Surface Doctor" is no longer in business. Code Enforcement Officer Loeffler submitted an estimate dated April 7, 1999, displaying the address of the business as 2368 Blake Way, Ocoee. Mr. Erick Franklin, having been sworn, presented an invoice stating the date was actually April 7, 1997, not 1999. Discussion ensued. Code Enforcement Supervisor Simon suggested possible alternatives: (1) Lower the fine to $250.00; (2) Leave fine as is, and in 90 days when fine is unpaid, enforce the lien, and let City's attorney argue the case in Circuit Court as to how binding the Attorney General's opinion is; or (3) Continue to next meeting so she may assess what the charges have been for this case and bring that back to the Board to assess a fine and lien. Member Holmes, seconded by Alternate Member Godek, moved to find the respondent in Case 99-109 in violation of Section 119-2 as of May 28, 1999, and to set fine at $250.00 per day for four days for a total of$1,000.00 and therefore reduce the fine from $7,000.00 to $1,000.00 to be paid by close of business on August 13 or the fine reverts back to the original amount. Following lengthy discussion, a vote was taken and motion was defeated 2-5, with Chairman Linebarier, Members Chancey, Ellison, Konicek, and Godek dissenting. Attorney Feeney said addressing the ambiguity of the law was a call best made by the City Attorney instead of the Board attorney. He said copies may be considered evidence but are not the best evidence. Code Enforcement Supervisor Simon suggested that it might be most appropriate for staff to consult the City Attorney about which statute the City should impose (162 or 205) and report back at the next meeting. Chairman Linebarier ordered Case 99-109 to be continued until the August 24, 1999 meeting 6 Code Enforcement Minutes July 27, 1999 so the Attorneys can give their opinions on how to proceed with this situation. OTHER BUSINESS Chairman Linebarier announced that an Affidavit of Compliance has been received on the following cases: 97-108 Robert Reid, 122 Olympus Dr. 97-109 Groundtek of Central Fl. Inc. 122 Olympus Dr. 97-110 Patrick Freeman 124 Olympus Dr 97-111 Groundtek of Central Fl. Inc. 124 Olympus Dr 99-091 Mahendra N. Samaroo 688 Veronica Cr. 99-099 Richard and Erin Elliott 913 Marlene Dr. 99-104 Thomas B. and Kim Monks 1246 Russell Dr. 99-109 Erick and Yves Rose Franklin 2368 Blake Way Chairman Linebarier announced Order Imposing Fine and Lien on the following: 99-108 Vernon A. and Irene M. Welch 1400 Adair St.- $150.00 a day 99-109 Erick and Yves Rose Franklin 2368 Blake Way- $7,000.00 Chairman Linebarier announced that the fine has been paid on Case 99-005 the Ray Harper Trust Agreement, 138 W. Circle Key Drive, has paid a fine of$7,000.00. COMMENTS: None Meeting adjourned at 10:35 PM. Attest: APPROVED: 4"11ref/0 ...._ -4 /fit if/AZ.4) --c-'o ice,,►%`•gilding Clerk ohn Linebarier, Chairman p kt A AA )5 � Marian Green, Acting City Clerk L 7