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HomeMy WebLinkAbout09-28-1999 MInutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING September 28, 1999 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 of City Hall and 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, Ellison (arrived at 7:32 p.m.), Holmes (arrived at 8:15 p.m.), Skiles and Alternate Member Godek. Also present were Attorney Feeney, Building and Zoning Official Don Flippen, Code Enforcement Supervisor Shelly Simon, Municipal Inspector Electrical Eddie Hendrix, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S. Harris, and Administrative Secretary Marisa Dawson. ABSENT: Member Konicek (excused). APPROVAL OF MINUTES OF AUGUST 24, 1999, MEETING The amended Minutes of the August 24, 1999, Code Enforcement Board meeting were approved as presented, 4-0, with Chairman Linebarier and Vice Chairman Lenko abstaining since they were not present at the August meeting (Member Holmes had not yet arrived). COMMENTS FROM CITIZENS None. HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON TUNE 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. Chairman Linebarier noted for the record that Case 99-117 was continued at the August 24, 1999 meeting until October 26, 1999. Chairman Linebarier noted for the record that Cases 99-027, 105, 111 and 117 all have affidavits of compliance. However, Case 99-111 will require an order imposing fine and lien. Vice Chairman Lenko, seconded by Member Skiles, moved that Cases 99-132, 136, 138, 139 and 140 be moved to the top of the agenda, to be heard in that order. Motion carried 5-1, with Member Chancey voting against. Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Code Enforcement Minutes September 28, 1999 ‘1111,. Case 99-132, Ram and Celia Persad, 1605 Glenhaven Circle Officer Loeffler Violation cited: 51-21; 51-34 07-26-99 - NOCV Re-inspection Date: 08-13-99 09-01-99 - SOV 09-01-99 - NOH Meeting Date: 09-28-99 09-02-99 - POS Mail Z 057 388 024 Observation: Construction materials piled around. Large areas of impervious surfaces and construction of second story balcony performed on exterior rear of building without permit. Code Enforcement Officer Loeffler, having been sworn, presented photos and gave a brief history of the case. Ram Persad, having been sworn, stated that he has been trying to get in contact with the Code Enforcement Officer, but had not heard back from him. He further stated that he is only 1.1% over the 50% of concrete allowed and that he does not know what to do. He had a contractor, but he has been unable to contact the contractor and is attempting to complete the work himself. Code Enforcement Officer Loeffler and Code Enforcement Supervisor Simon responded to the Board's questions. Ram Persad also responded to various questions by the Board. A discussion ensued. Chairman Linebarier advised the homeowner that before any permits can be issued, the impervious surfaces must be reduced to 50% or less. He stated that the homeowner must also get an extension on the permit for the balcony, and then request a reinspection. Vice Chairman Lenko, seconded by Member Chancey, moved to find the respondents in Case 99-132 in violation of 51-21 and 51-34 as of August 5, 1999, and give the property owners until October 19, 1999 to comply or be fined $250.00 per violation per day. Motion carried 5- 1, with Member Ellision voting against. Ram Persad stated that he would probably not be able to complete the work by October 19, 1999. Chariman Linebarier stated that the homeowner should meet with staff tomorrow, and if the homeowner shows good faith in correcting the violations and then requests an extension, the Board would be willing to consider it at the next meeting. Case 99-116, Dean Harper, Inc. 50% Interest and Denver R. Harper 50% Interest, 39 Eagle Key Drive Supervisor Simon 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 07-27-99 OOC Meeting Date: 08-24-99 2 Code Enforcement Minutes September 28, 1999 07-27-99 - NOH Meeting Date: 08-24-99 07-29-99 - POS Mail Z 336-283-468 08-03-99 POS Mail Z 336-283-562 08-24-99 - OOC Meeting Date: 09-28-99 Observation: Property owner had unlicensed person perform electrical repair which resulted in fire damage to 3 meter boxes and disconnects. Code Enforcement Supervisor Simon, having been sworn, stated that at the last meeting expert testimony was presented as to the cause of the fire and the work that was done. She stated that there were questions and other testimony as to Florida Power's role in the incident. Florida Power at first was cooperative, but today advised staff that it refuses to appear before this Board voluntarily, so staff is requesting a continuance and subpoenas of the witnesses. Vice Chairman Lenko, seconded by Member Skiles, moved that in Case 99-116, the Board issue a subpoena to the appropriate representatives of Florida Power, to appear at the October 26, 1999 meeting. Member Ellison, seconded by Member Skiles, amended the motion to also issue a subpoena for the tenant of 39 Eagle Key Drive, to appear at the October 26, 1999 meeting. The amended motion carried 6-0, and the original motion carried 6-0. Vice Chariman Lenko stated that she listened to the tapes of the August 24, 1999 meeting. Member Chancey, seconded by Vice Chairman Lenko, moved that Case 99-116 be continued until October 26, 1999. Motion carried 6-0. Case 99-136, John F. Miller, 12 Floral Street Officer Siegrist Violation cited: 115-3 07-09-99 - NOCV Re-inspection Date: 08-19-99 09-02-99 - SOV 09-02-99 - NOH Meeting Date: 09-28-99 08-05-99 - POS Mail Z 057 388 031 Observation: Numerous bicycles, empty wooden pallets, and appliances in the front and side yard. Code Enforcement Officer Siegrist, having been sworn, presented photos and gave a brief history of the case. He stated that the subject property is now in compliance. John F. Miller and Cindy Miller declined to speak. Member Skiles, seconded by Member Ellison, moved to find the respondent in Case 99-136 in violation of section 115-3 as of July 24, 1999, but in compliance as of September 16, 1999, and no penalty be imposed. Motion carried 7-0 (Member Holmes arrived at 8:15 p.m.). Recess from 8:25 p.m. to 9:39 p.m. Member Ellison, seconded by Member Skiles, moved that the testimony and subsequent findings in Case 99-138 and 99-139 be combined and applied to both cases. Motion carried 7- 0. Case 99-138, Clarke Road, Inc., 1612 E. Silver Star Road Officer Loeffler 3 Code Enforcement Minutes September 28, 1999 Violation cited: 51-21 REPEAT VIOLATION 09-01-99 - NOCV Re inspection Date: 09-01-99 09-01-99 - SOV 09-01-99 - NOH Meeting Date: 09-28-99 09-01-99 - POS Mail Z 057 388 025 09-01-99 - POS Mail Z 057 388 027 to Registered Agent Observation: Storage shed/container without permit. Case 99-139, Eckerd Drugs, 1612 E. Silver Star Road Officer Loeffler Violation cited: 51-21 REPEAT VIOLATION 09-01-99 - NOCV Re-inspection Date: 09-01-99 09-01-99 - SOV 09-01-99 - NOH Meeting Date: 09-28-99 09-01-99 - POS Mail Z 057 388 026 09-01-99 - POS Mail Z 057 388 028 to Registered Agent Observation: Storage shed/container without permit. Code Enforcement Officer Loeffler, having been sworn, presented photos and gave a brief history of the case. Jackie Mulvaney, manager of Eckerd Drugs, having been sworn, stated that she is a new manager at Eckerd and was not advised by the former manager that storage sheds are not allowed. She corrected the violation immediately upon notice. A discussion between the Board, Attorney Feeney and staff ensued about a repeat violation every year when management at Eckerd's changes. Ms. Mulvaney advised the Board that she has notified two corporate attorneys, J.C. Penney's (the corporate parent of Eckerd's) and the district manager about this situation and that it will not be repeated. Member Skiles, seconded by Member Holmes, moved to find the respondents in Case 99-138 and 99-139 in violation of 51-21 as of August 31, 1999, but in compliance as of September 7, 1999, and that no penalty be imposed. Motion carried 7-0. Case 99-140, Debra J. Durrett, 203 S. Cumberland Avenue Officer Loeffler Violation cited: 108-23 I,0 & R 08-18-99 - NOCV Re-inspection Date: 09-08-99 09-16-99 - SOV 09-16-99 - NOH Meeting Date: 09-28-99 09-16-99 - POS Mail Z 057 388 041 Observation: Did not schedule a re-inspection for the Occupational License inspection. Code Enforcement Supervisor Simon having been sworn, stated that the property has been foreclosed, and that the mortgage company is the new property owner and the violation will be reissued to the new property owners. Member Holmes, seconded by Member Skiles, moved to dismiss Case 99-140. Motion carried 7-0. Case 99-134, Sallie M. O'Donnell, 1704 Mona Avenue Officer Loeffler Violation cited: 115-5 A, B & C; 108-23 Q 07-29-99 NOCV Re-inspection Date: 08-23-$9 4 Code Enforcement Minutes September 28, 1999 09-02-99 - SOV 09-02-99 - NOH Meeting Date: 09-28-99 09-02-99 POS Mail 333 607 710 Observation: Trash, excessive grass and weed growth, and dilapidated storage shed. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Member Ellison, seconded by Member Skiles, moved to find the respondent in Case 99-134 in violation as cited as of August 13, 1999, and in compliance as of September 23, 1999, and no penalty be imposed. Vice Chairman Lenko, seconded by Member Chancey, amended the motion to reflect the violation date as of August 18, 1999. The amended motion carried 7-0, and the original motion carried 7-0, with the corrected violation date as of August 18, 1999. Case 99-135, Jose Herrara & Benjamin Barajas, 103 Cypress Key Court Officer Siegrist Violation cited: 54-3 A & D 08-11-99 - NOCV Re-inspection Date: 08-23-99 09-02-99 - SOV 09-02-99 - NOH Meeting Date: 09-28-99 09-02-99 - POS Mail Z 057 388 030 09-02-99 - POS Posted Observation: No street numbers displayed on mobile home. Code Enforcement Officer Siegrist having been sworn, gave a brief history of the case. Member Holmes, seconded by Alternate Member Godek, moved to find the respondents in Case 99-135 in violation as cited as of August 21, 1999, and in compliance as of September 28, 1999, and no penalty be imposed. Motion carried 7-0. Case 99-141, Joseph J. and Fred J. Allegretti, 123 Clowson Court Officer Loeffler Violation cited: 165-3 07-26-99 - NOCV Re-inspection Date: 09-16-99 09-17-99 - SOV 09-17-99 - NOH Meeting Date: 09-28-99 09-17-99 - POS Mail Z 057 388 043 09-22-99 - POS Hand Delivery Observation: Red Chrysler with no tag and Nissan with no tag. Code Enforcement Officer Loeffler having been sworn, gave a brief history of the case. Member Skiles, seconded by Member Holmes, moved to find the respondents in Case 99-141 in violation as cited as of August 10, 1999, and in compliance as of September 28, 1999, and no penalty be imposed. Motion carried 7-0. Case 99-115, Juan Diaz Estate, c/o Elizabeth Diaz, 1007 Sarah Lee Lane Officer Siegrist Violation cited: 108-23 0, N(1) , S;108-24 D; NEC 370-25; 108-12 D 06-30-99 - NOCV Re-inspection Date: 07-13-99 07-14-99 - SOV 07-14-99 - NOH Meeting Date: 07-27-99 07-14-99 - POS Mail 07-27-99 - OOC 07-29-99 - NOH Meeting Date: 08-24-99 07-29-99 SOV 5 Code Enforcement Minutes September 28, 1999 07-29-99 - POS Posted 08-24-99 - COMPLIANCE ORDER: COMPLY BY SEPTEMBER 7, 1999 OR FORFEIT $100.00 PER DAY Observation: Did not schedule a re-inspection for the Minimum Standards compliance. An Affidavit of Non-Compliance was filed on September 28, 1999 in this case. Member Holmes, seconded by Member Skiles, moved to find the respondent in Case 99-115 in violation of 108-23 0, N(1), S; 108-24 D; NEC 370-25; 108-12 D as of July 10, 1999, and impose a fine and lien of$100.00 per day as of September 8, 1999. Motion carried 7-0. OTHER BUSINESS Chairman Linebarier noted for the record that a Release of Lien was filed on Case 98-124. Chairman Linebarier noted for the record that Case 99-109 was continued at the August 24, 1999 meeting until the October 26, 1999 meeting. COMMENTS: Building Clerk Harris stated that the Workshop on Florida Statute 162 is tentatively scheduled for November 15, 1999. Code Enforcement Supervisor Simon stated that it will be a three hour workshop by Bob Hamilton and the University of Central Florida. Vice Chairman Lenko, seconded by Member Ellison, moved to cancel the December 28, 1999 meeting. Motion carried 7-0. Code Enforcement Supervisor Simon handed out CIN's (Community Information Notice) for the Board to see. She stated that there has already been a meeting with the City Attorney about the updated statutes, and that the updates are pretty much accepted as legislated. The Board advised Supervisor Simon that they would like to review the amendments to the ordinance prior to the City Commission voting on it. Member Ellison apologized for his lateness, but he had car trouble. Vice Chairman Lenko asked if anything was ever done with the water department regarding a "welcome to Ocoee" letter advising new residents of code requirements. She stated that she missed the "observation" section of the written case history. Building Clerk Harris stated that the omission of that section was an error, and the observation section will be back on the case histories next meeting. Member Holmes welcomed the Chairman and Vice Chairman back and said that the new T- shirts look very nice. He asked about the new software, and Supervisor Simon stated that it should be installed soon. He also stated that he would not be at the November meeting, and congratulated Attorney Feeney on his position as the Speaker of the House. Loy Member Godek wanted to have the violation date ("as of" date) added to the case history 6 Code Enforcement Minutes September 28, 1999 form. Building Clerk Harris stated that the new alternate member is Spencer R. Solomon, and that he will be attending next month's meeting. No other comments from the Board or Staff. Meeting adjourned at 9:42 PM. Attest: APPROVED: obdr,"AMU!' ' � u ding Clerk PGt% hn H. Linebarier, Chairman / l- Marisa Dawson, Administrative Secretary 7