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HomeMy WebLinkAbout06-23-1998 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON June 23, 1998 Chairman Carlson announced that, without objection, elections would be considered under Other Business. CALL TO ORDER Chairman Carlsson 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 in the pledge of allegiance. Vice Chairman Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Carlsson, Vice Chairman Linebarier, Members Godek, Holmes, Lenko, Luck, Skiles, and Alternate Member Chancey. Also present were Attorney Feeney, Code Enforcement Officers Cronnon, Code Enforcement Supervisor Simon, Executive Secretary Seaver, and Administrative Secretary Weatherly. ABSENT: Roy Ellison - Excused, Ellis Shapiro-Excused. APPROVAL OF MINUTES VICE CHAIRMAN LINEBARIER, seconded by MEMBER LENKO, moved to approve the Minutes of the May 26, 1998 Code Enforcement Board meeting as presented. CASES CONTINUED Vice Chairman Linebarier, seconded by Member Chancey, moved that Cases 98-073, Rene and Viviane Mestdagh; 98-083, J. Brienza; 98-085, Mahmoud Y. Chatila; 98-086, One Stop Car Care; and 98-087, Thomas B. and Kim Monks be continued to the July 28, 1998 meeting, and Cases 97-108, Robert Reid; 97-109, Groundtek of Central Florida; 97-110, Patrick Freeman; and 97-111, Groundtek of Central Florida be continued to the August 25, 1998 at the request of the City. Motion carried 7-0. COMMENTS FROM CITIZENS None As the people were in the audience to respond, VICE CHAIRMAN LINEBARIER, seconded by Member Lenko, moved, ,that that Case No. 98-084, Silver Ark Limited, be heard first at the request of the City, followed by Case No. 98-082, Dean Harper, Inc. Motion carried 7-0. 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);AND POS-PROOF OF SERVICE. Code Enforcement Board Meeting June 23, 1998 98-084, Silver Ark Limited Inc. -1700 E Silver Star Road Simon 04/28/98 NOCV - Re-Inspection Date: 6/15/98 06/15/98 NOH Board Meeting Date: 6/23/98 LP' 6/15/98 SOV 06/15/98 POS - Delivery - MAIL CERT#Z057-384-928 • Observation: Debris dumped on property to include tires, building materials, tanks, blocks and other miscellaneous trash. Rusted truck located on property. Exhibits "A" Photographs taken on June 23, 1998 of the property in violation. Officer Simon, representing the Code Enforcement, having been sworn and stating qualifications, made a statement. William H. Morrison, Esquire, 7100 S. Highway 17-92, Fern Park, FL 32730, representing Silver Ark Limited, Inc.,.upon being sworn in by Executive Secretary Seaver, stated that Mr. William Davis, the previous owner, and Silver Ark Limited, Inc. have jointly engaged Lot Construction to clean up the lot as soon as possible. He said it was his understanding that they began June 22, 1998. He asked that they be given two weeks to clean up, as their communication with the principal of Silver Ark Limited, Inc., has just been established. MEMBER LENKO, seconded by Member Godek, moved to find Case No. 98-084, Silver Ark Limited, c% William H. Morrison, Esquire, in violation of Sections 115-3, and 165-3 Ocoee Code of Ordinances, as of June 8, 1998, and that they be given to July 7, 1998 to come into compliance or be fined$100 a day thereafter. Motion carried 7-0. 98-082, Dean Harper, Inc. - 73 Sand Dollar Key Dr. Cronnon 06/04/98 NOCV - Re-inspection Date: 06/08/98 06/08/98 NOH - Board Meeting Date -06/23/98 06/08/98 SOV 06/09/98 POS - Delivery - Mail Cert#Z057-384-926 Observation: Erected a mobile home and a shed without a permit. Exhibit "A" - "Seven Day Notice to Cure Breach of Lease Agreement Or to Quit, Vacate, and Deliver Possession" delivered to tenant on Monday, June 22, 1998 -The tenant's name is Eloy Rodriquez of 73 Sand Dollar Key Drive. Officer Cronnon, representing Code Enforcement, having been sworn and stating qualifications, made a statement. Attorney Donald P. Sluder, and executive vice president of Dean Harper, Inc. and representing Dean Harper, Inc., upon being sworn in by Executive Secretary Seaver, stated that, with regard to jurisdiction, the Code Inspector give reasonable notice. The violation was observed on June 3, 1998, and the compliance date was sent on June 2, 1998. Dean Harper, Inc. did not receive the notice until June 13, 1998, and the post tkir date on the certified letter was June 9, 1998. Mr. Sluder stated that the certification dates June 4, 1998, and the compliance date was on June 7, 1998. He stated that for this reason this board does not have jurisdiction of this case, and it should be dismissed accordingly for failure of proper statutory notification. 2 Code Enforcement Board Meeting June 23, 1998 He said that he would like to take this to higher authority. The board, after discussion with counsel, did not agree. Mr. Sluder stated that Dean Harper, Inc. is in compliance, and he explained that there was a third party, Eloy Rodriquez, involved that had installed the trailer on their land, and the third party is responsible for getting the permit. Mr. Sluder delivered the "Seven Day Notice to Cure Breach of Lease Agreement or to Quit, Vacate, and Deliver Possession," on June 22, 1998. If the tenant does not comply with retrieving the permit, eviction proceedings will be commenced immediately. He also explained that the record title holder of the mobile home is Bessie F. Loomis, 2019 Lava Lane, Apopka, FL. Chairman Carlsson requested that the record show that the seven day notice was delivered to Eloy Rodriquez of 73 Sand Dollar Key Drive on Monday, June 22, 1998. Vice Chairman Linebarier, seconded by Member Godek, moved to find Case No. 98-082, Dean Harper, Inc. do of Donald P. Sluder, Esquire, in violation of Section 51-21A, Ocoee Code of Ordinances, as of June 4, 1998, correction made June 7, 1998, and that they be given to July 7, 1998 to come in to compliance to forfeit $200 a day. Motion carried 7-0. OTHER BUSINESS Chairman Carlsson stated that the following cases have been dismissed at the request of the (1109 City: 98-067, John Ridge Trustee affidavit of compliance; 98-074, Margaret Colella affidavit of compliance; and 98-075, Veterans Affairs Secretary. ELECTIONS Chairperson Carlsson opened the floor for nominations of Chairperson. Member Lenko, seconded by Member Godek, moved to nominate Mr. Frank Carlsson as Board Chairperson. Motion carried 7-0. Chairperson Carlsson opened the floor for nominations of Vice-Chairperson. Member Skiles, seconded by Member Godek, moved to nominate Mr. John Linebarier as Board Vice- Chairperson. Motion carried 7-0. COMMENTS Mayor Scott Vandergrift discussed Pioneer Key 1 and Pioneer Key 2, and stated that several meter--mobile homes are being moved out of there. He said he was under the impression that other cities have strict ordinances about what can be moved back in to replace the mobile homes that are being moved out. He noted that the National League of Cities has made available pamphlets addressing possible solutions, such as purchasing lots as they become available. 3 Code Enforcement Board Meeting June 23, 1998 Mayor Vandergrift asked the board to evaluate this situation, and advised that the City of Ocoee possibly could receive federal funds for this project. Chairman Carlson Carlsson said there will be a different type of citizens when the impact fees are $5400.00 The Mayor said they are paying $5,000 for a trailer. If a new trailer is put in, it would cost $22,000, and an older one is $10,000. Chairman Carlson Carlsson said if it is a private park they can do it. Officer Cronnon said if it has been a vacant lot up to a year they can do the impact fees. Mayor Vandergrift congratulated Chairman and Vice Chairman for their re-election. Officer Cronnon said good bye to the board, and advised she was making a career move to be trained as Solid Wastewater operator. Chairman Carlsson expressed appreciation for Officer Cronnon's three years of service to this Board. Officer Simon announced that Steve Smith has been hired as a detective for Orange County, and that a new animal control officer has come on board. Member Holmes asked Officer Simon if the Code Enforcement Board would be hearing animal cases. Officer Simon answered no. Member Holmes thanked the Mayor for participating in a camping trip with Cub Master Scout Pack 198, and asked that the fireworks for the City not be canceled. John Linebarrier welcomed the new clerk. Mayor Vandergrift read the Proclamation in regards to the fireworks to the group. ADJOURNMENT At 8:29 p.m., the meeti,_ was adjourned. 7 N ;` APPROVED: ., I " 1 // Sherry/Seaver, Ex;c Ftive Secretary F Carlsson, Chairman Xaerdas, 1,i14-An4w/ Kathleen Weatherly, Aditinistrative Secretary 4 Code Enforcement Board Meeting June 23, 1998 He said that he would like to take this to higher authority. The board did not agree. Mr. Sluder stated that Dean Harper, Inc. is in compliance, and he explained that there was a third party, Eloy Rodriquez, involved that had installed the trailer on their land, and the third party is responsible for getting the permit. Mr. Sluder delivered the "Seven Day Notice to Cure Breach of Lease Agreement or to Quit, Vacate, and Deliver Possession," on June 22, 1998. If the tenant does not comply with retrieving the permit, eviction proceedings will be commenced immediately. He also explained that the record title holder of the mobile home is Bessie F. Loomis, 2019 Lava Lane, Apopka, FL. Chairman Carlsson requested that the record show that the seven day notice was delivered to Eloy Rodriquez of 73 Sand Dollar Key Drive on Monday, June 22, 1998. Vice Chairman Linebarier, seconded by Member Godek, moved to find Case No. 98-082, Dean Harper, Inc. do of Donald P. Sluder, Esquire, in violation of Section 51-21A, Ocoee Code of Ordinances, as of June 4, 1998, correction made June 7, 1998, and that they be given to July 7, 1998 to come in to compliance to forfeit $200 a day. Motion carried 7-0. OTHER BUSINESS Chairman Carlsson stated that the following cases have been dismissed at the request of the City: 98-067, John Ridge Trustee affidavit of compliance; 98-074, Margaret Colella affidavit tiire of compliance; and 98-075, Veterans Affairs Secretary. ELECTIONS Chairperson Carlsson opened the floor for nominations of Chairperson. Member Lenko, seconded by Member Godek, moved to nominate Mr. Frank Carlsson as Board Chairperson. Motion carried 7-0. Chairperson Carlsson opened the floor for nominations of Vice-Chairperson. Member Skiles, seconded by Member Godek, moved to nominate Mr. John Linebarier as Board Vice- Chairperson. Motion carried 7-0. COMMENTS Mayor Scott Vandergrift discussed Pioneer Key 1 and Pioneer Key 2, and stated that several motor homes are being moved out of there. He said he was under the impression that other cities have strict ordinances about what can be moved back in to replace the mobile homes that are being moved out. He noted that the National League of Cities has made available pamphlets addressing possible solutions, such as purchasing lots as they become available. 3 Code Enforcement Board Meeting June 23, 1998 Mayor Vandergrift asked the board to evaluate this situation, and advised that the City of Ocoee possibly could receive federal funds for this project. L Chairman Carlson said there will be a different type of citizens when the impact fees are $5400.00 The Mayor said they are paying $5,000 for a trailer. If a new trailer is put in, it would cost $22,000, and an older one is $10,000. Chairman Carlson said if it is a private park they can do it. Officer Cronnon said if it has been a vacant lot up to a year they can do the impact fees. Mayor Vandergrift congratulated Chairman and Vice Chairman for their re-election. Officer Cronnon said good bye to the board, and advised she was making a career move to be trained as Solid Wastewater operator. Chairman Carlsson expressed appreciation for Officer Cronnon's three years of service to this Board. Officer Simon announced that Steve Smith has been hired as a detective for Orange County, and that a new animal control officer has come on board. Member Holmes asked Officer Simon if the Code Enforcement Board would be hearing animal cases. Officer Simon answered no. Member Holmes thanked the Mayor for participating in a camping trip with Cub Master Pack 198, and asked that the fireworks for the City not be canceled. John Linebarrier welcomed the new clerk. Mayor Vandergrift read the Proclamation in regards to the fireworks to the group. ADJOURNMENT At 8:29 p.m., the meeting was adjourned. APPROV D: 1 aid. &it. / f\- ' Sherry Seaver,allrecutive Secretary F Carlsson, Chairman (kw2* .v1 itC lig, 14)ZCA Kathleen Weatherly, Administrative cretary 4