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HomeMy WebLinkAbout10-26-1999 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING October 26, 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 Holmes (arrived at 7:32 p.m.), Konicek, Skiles and Alternate Members Godek and Solomon. Also present were Attorney 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 Chancey and Ellison (both excused). APPROVAL OF MINUTES OF SEPTEMBER 28, 1999, MEETING Vice Chairman Lenko, seconded by Member Skiles, moved to approve the Minutes of the September 28, 1999, Code Enforcement Board meeting as presented. Motion carried 6-0, with Alternate Member Solomon abstaining since he was not present at the September meeting. Lir 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 Alternate Member Godek, moved that Cases 99-143, 153, 154 and 157 be continued until November 23, 1999. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Skiles, moved that Case 99-116 be continued until February 22, 1999. After discussion between staff and the Board about allowing several months for staff to receive responses to the subpoenas duces tecum issued in this case, the motion carried 7-0. Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Case 99-142, Robert T. and Virgina T. Caldwell Officer Loeffler Violation cited: 54-3 A (1) & D; NEC 440-11; and 108-23 I 09-10-99 - NOCV Re-inspection Date: 09-23-99 09-24-99 SOV Code Enforcement Minutes October 26, 1999 09-24-99 - NOH Meeting Date: 10-26-99 09-24-99 - POS Mail Z 057 388 045 10-15-99 POS Posted on 10-15-99 Observation: Address numbers not visible from street. Air conditioner handler needs an electrical disconnect and house has a broken window. Failure to schedule a minimum housing standards re-inspection. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Robert T. Caldwell, the respondent, having been sworn, stated that he has had this property inspected several times for minimum housing standards, and has complied every time. He has installed new address numbers and could not find any broken window on the house. He asked the staff and Board why every time he has a minimum housing standards inspection something else different is found that was previously acceptable. He stated that when the house was built the City inspected it and found no problems with it, but now he is told that there must be an air handler disconnect. He has been told conflicting reports from staff on whether the hot water heater must drain in or out of the house. He stated that he believes that the inspection process is flawed. Code Enforcement Officer Loeffler and Code Enforcement Supervisor Simon responded to the Board's questions. Robert T. Caldwell also responded to various questions by the Board. A discussion ensued. Member Holmes stated for the record that Mr. Caldwell is a close family friend of his and they attend the same church. Supervisor Simon advised the homeowner that he cannot pull a permit himself because he does not reside in the house. He must hire a licensed electrician to pull a permit. Member Holmes stated for the record that Mr. Caldwell is a close family friend of his and they attend the same church. Vice Chairman Lenko, seconded by Member Konicek, moved to find the respondents in Case 99-142 in violation as of September 20, 1999, and give the property owners until November 9, 1999 to comply or be fined$100.00 per day. Motion carried 7-0. Case 99-151, Thomas G. Zosel, 180 N. Cumberland Avenue Officer Siegrist Violation cited: 108-19A, F(1c) ; 108-21 A&B; 108-22; 108-23D, 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 527-388-055 Observation: House in sub-standard condition with electrical system; not to NEC Code per Eddie Hendrix, Chief Electrical Inspector. Officer Siegrist, having been sworn, gave a brief history of the case. L 2 Code Enforcement Minutes October 26, 1999 Chairman Linebarier stated for the record that Mr. Zosel is a long time acquaintance of his and that he is familiar with the subject property, but that he would be able to give an unbiased decision in this case. Thomas G. Zosel, the respondent, having been sworn, stated that he rented the property to the tenants with the provision that they do the code repairs to the property. He further stated that his wife has been ill and unable to work and that he does not have the money to do the repairs. R.L. Simmons, the tenant, having been sworn, stated that he is attempting to make the necessary repairs, but that he works six days a week. The respondent and the tenant responded to various questions by the Board. The tenant stated that he believes they need about 40 days to complete the repairs. Vice Chairman Lenko, seconded by Member Holmes, moved to find the respondents in Case 99-151 in violation as of September 28, 1999, and give the property owners until December 7, 1999 to comply or be fined$200.00 per day. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Skiles, moved to place Cases 99-109 and 99-117 next up on the agenda. Recess from 8:23 p.m. to 8:34 p.m. Case 99-109, Erick and Yves Franklin, 2368 Blake Way Officer Loeffler Violation cited: 119-2 REPEAT VIOLATION 05-28-99 - NOCV Re-inspection Date: 05-28-99 05-28-99 - SOV 05-28-99 - NOH Meeting Date: 06-22-99 05-28-99 - POS Hand Delivery by E. Loeffler 06-22-99 - EXHIBITS A thru M (Copies and Film) 06-22-99 - ORDER IMPOSING FINE AND LIEN - MAY 28, 1999 or $250 PER DAY 06-30-99 - ORDER IMPOSING FINE AND LIEN - $7,000.00 TOTAL AMOUNT DUE 07-02-99 - AFFIDAVIT OF COMPLIANCE - COMPLIED 06-25-99 07-09-99 - REQUEST FOR REHEARING/REDUCTION OF FINE 07-27-99 - EXHIBITS A thru E 08-24-99 - OOC MEETING DATE: 10-26-99 10-04-99 - POS MAIL (Z 057 388 048) Observation: Operating two businesses without an occupational license: "Kitchen Magic" and "Surface Doctor" . Code Enforcement Supervisor Simon having been sworn, gave a brief history of the case. She advised the Board of the Attorney General's opinion that until this issue is addressed legislatively or judicially, that if the only charge is operating without an occupational license, then the appropriate penalty is $250.00 per violation. The City Attorney and City Manager are in agreement with the Attorney General. 3 Code Enforcement Minutes October 26, 1999 Vice Chairman Lenko, seconded by Member Holmes, moved to reduce the fine and lien on Case 99-109 from $7,000.00 to $250.00 per violation and administrative costs incurred by the City of up to $200.00, for a total not to exceed$700.00. Motion carried 7-0. Case 99-117, Edward J. Terry Tr., c/o 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 07-27-99 - EXHIBITS A through G 07-27-99 - OOC On Demolition 07-27-99 - COMPLIANCE ORDER Clean up property by 07-30-99 or fine of $250.00/day 07-28-99 - NOH Meeting Date: 08-24-99 07-28-99 - POS Mail Z-336-283-467 08-18-99 - AFF. OF COMPLIANCE Complied 07-30-99 08-24-99 - OOC Meeting Date: 10-26-99 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 Supervisor Simon, having been sworn, gave a brief history of the case. Nivor She stated that the building official and the zoning coordinator met with Mr. Woodberry who is the owner's representative, and came to an agreement provided that certain conditions were met. She stated that staff just received the survey on the property on October 21st, and that staff is requesting a 30 day continuance to put the agreement in writing and get all documentation. She responded to questions by the Board about the affidavit of compliance and condemnation of the property. A lengthy discussion ensued. Ted Woodberry stated that he was not authorized to speak, but was attending the meeting in case something slipped through the crack or was misunderstood. Vice Chairman Lenko, seconded by Alternate Member Godek, moved to continue Case 99-117 until November 23, 1999 to give the respondents the time to fulfill the agreement made with the building official dated October 26, 1999 (Exhibit "A"), but the original order of demolition still stands. Motion carried 7-0. Case 99-152, Clara R. Amic 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 10-07-99 - POS Mail Z 057 388 056 Observation: Grass over ten inches in the backyard and side yard. Dirty swimming pool water. 4 Code Enforcement Minutes October 26, 1999 Officer Siegrist, having been sworn, gave a brief history of the case. He stated that the grass has been cut, but that the owners are still in non-compliance on the swimming pool water. Member Holmes, seconded by Member Konicek, moved to find the respondents in Case 99- 152 in violation of 115-5 A, B & C as of September 14, 1999 and in compliance as of October 15, 1999 and assess no penalty; and to find the respondents in violation of 115-6 as of September 14, 1999 and to give the respondents until November 2, 1999 to comply or be fined $250.00 per day. Motion carried 7-0. Case 99-155, Elizabeth Cassidy (tenant), 35 Eagle Key Court Officer Loeffler Violation cited: 115-3; 115-5 09-13-99 - NOCV Re-inspection Date: 09-28-99 10-14-99 - SOV 10-14-99 - NOH Meeting Date: 10-26-99 10-14-99 - POS Mail Z 057 388 059 Observation: Miscellaneous junk/auto parts littering yard, overgrown grass/weeds. Officer Loeffler, having been sworn, gave a brief history of the case. He stated that the respondent is the tenant, he has not yet received proof of service on the property owner. He stated that the grass has been cut, but that the junk is still present. Attorney Feeney advised the board of the doctrine of res judicata, and stated that it is always better to have all respondents present at the same time. Supervisor Simon advised the board Lir that the City has to receive separate proof of service on each respondent on multiple respondent cases. Vice Chairman Lenko, seconded by Member Skiles, moved to find the respondent in Case 99- 155 in violation of 115-5 as of September 23, 1999 and in compliance as of October 26, 1999 and assess no penalty; and to find the respondent in violation of 115-3 as of September 23, 1999 and to give the respondents until November 2, 1999 to comply or be fined $100.00 per day. Motion carried 7-0. Case 99-156, Pan Pacific Retail Properties, Inc. (owner), 23 W. Silver Star Road Officer Loeffler Violation cited: LDR Article VIII 8-6 A (1) 08-25-99 - NOCV Re-inspection Date: 10-05-99 10-14-99 - SOV 10-14-99 - NOH Meeting Date: 10-26-99 10-14-99 - POS Mail Z 057 388 060 10-14-99 - POS Mail Z 057 388 062 Registered Agent Observation: Store has erected large banner signs. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Vice Chairman Lenko, seconded by Member Skiles, moved to find the respondent in Case 99- 156 in violation as cited as of August 28, 1999, and in compliance as of October 25, 1999, and no penalty be imposed. Motion carried 7-0. 5 Code Enforcement Minutes October 26, 1999 Member Holmes, moved to adopt the same testimony and pass the same motion on Case 99- 157 as was moved on Case 99-156, so Case 99-157 does not have to came back before the Board on next month's meeting. After being advised that there was no proof of service in Case 99-157, Member Holmes withdrew his motion. OTHER BUSINESS Chairman Linebarier noted for the record that an affidavit of compliance was filed on Case 99-132. Chairman Linebarier noted for the record that the order imposing fine and lien on Case 99- 115 was recorded. Vice Chairman Lenko asked if a board member is not present for testimony on a case, and does not review the record and therefore is not familiar with the facts on the case, what happens if that case comes back before the board on a rehearing or reduction of fine? Is it legal for that member vote on the case? She read from section C, page 4 of the administrative rules (absence from meeting) and section 1.11, page 6 of the hearing rules. She was concerned about the board's decision being overturned on appeal under those facts. Should the member vote or abstain under this scenario? Also, should a member who did not attend the last meeting vote on the acceptance of minutes? Attorney Feeney responded that with respect to reduction of fine, he did not see any problem since any future board can consider it as a hearing de novo (as a brand new hearing). With respect as to the finding of violation and the sanction thereof, a member needs to be present for all the evidence. If the member was not here for the first part of the testimony, it is the responsibility of the member to listen to the tape of the meeting before he or she votes in a matter. He also stated that the State statutes say that a member is not allowed to abstain and there is some conflict there. He also stated that on the vote to adopt minutes it is a procedural vote and even a brand new board could approve the minutes of the previous old board. A discussion ensued. The Board requested a written opinion from the attorney on this matter. COMMENTS: Vice Chairman Lenko stated she was sorry for ambushing Supervisor Simon on the building. Supervisor Simon stated that she does not disagree with Vice Chairman Lenko. Building Clerk Harris reminded the Board about the Workshop on Florida Statute 162 on November 15, 1999. Attorney Feeney stated that he was delighted to be here. 6 Code Enforcement Minutes October 26, 1999 L Administrative Secretary Dawson stated that it was interesting to see the changing perspectives between the staff and Board. Member Holmes welcomed the new alternate member, Spencer Solomon. He also stated that he would not be at the November meeting and wished everyone a happy Halloween, happy Thanksgiving, Merry Christmas and safe and prosperous Y2K and see you all in January. Member Skiles asked what about President's Day. Alternate Member Solomon stated it was a pleasure to be here and it feels unusual to be on this side of the dais. Vice Chairman Lenko reminded everyone to wear their new shirts to Founder's Day. No other comments from the Board or Staff. Meeting adjourned at 10:00 PM. Attest: APPROVED: AVIS Ai. • „ i ng Clerk /ohn H. inebarier, C airman 7Kahi d a_ _ auk. n Marisa Dawson, Administrative Secretary 7