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Home My WebLink About09-22-1998 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING Loy September 22, 1998 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 Chancey, Godek, Holmes (arrival at 7:35 p.m.), Lenko, and Alternate Member Ellison. Also present were Attorney Feeney, Code Enforcement Supervisor Simon, Executive Secretary Seaver, and Administrative Secretary Weatherly. ABSENT: Member Skiles - Not Excused APPROVAL OF MINUTES OF AUGUST 25, 1998 MEETING Chairman Carlsson stated that on Page 1 he neglected to say Member Godek's absence was excused instead of not excused. Vice Chairman Linebarier stated the vote for the approval of the July 28, 1998 minutes should read 5-0 instead of 6-0 since he was absent from the July 28, 1998 meeting and should not vote on the accuracy of the minutes. Vice Chairman Linebarier, seconded by Member Lenko, moved to approve the Minutes of the August 25, 1998 Code Enforcement Board meeting as corrected. Motion carried 6-0. COMMENTS FROM CITIZENS None Member Holmes arrived at 7:35 p.m. CASES CONTINUED Vice Chairman Linebarier, seconded by Chairman Carlsson, moved at the request of the City that Case No. 98-103, Buford L. Adams; Case No. 98-104, Mr. and Mrs. Miller; Case No. 98-106, Buford L. Adams; and Case No. 98-107, Mr. and Mrs. Miller be continued to October 27, 1998. As the people were in the audience to respond, Vice Chairman Linebarier, seconded by Member Lenko, moved that Case No. 98-102, Miguel A. Figueroa, be heard first at the request of the City, followed by Case No. 94-19 Maria Vela. Motion carried 7-0. PURSUANT TO THE HEREING 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. Code Enforcement Board September 22, 1998 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- 401100 PROOF OF SERVICE. Case 98-102, Miguel A. Figueroa - 701 Butterfly Creek Drive Officer Loeffler Sec: 115-3, Section 115-5 A,B,C, NEC 370-25 08/14/98 NOCV-Re-Inspection Date: 09/03/98 09/03/98 SOV 09/03/98 NOH-Meeting Date: 09/22/98 09/03/98-POS-Mail-Returned/Not Known 09/11/98-POS -Posting Exhibit A-Photos of Propane Tank,Miscellaneous Junk,Trash and Debris Observation: Excessive weed growth. Exposed wire by garage on outside fixtures. Wood pile on west side of house; propane tank-garbage in back yard. Officer Loeffler, representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Glen Richardson, 774 Creek View Ct., Ocoee, FL 34761, was sworn in by Executive Secretary Seaver and stated that he is the President of Shoal Creek Homeowners' Association. He informed the board the gentleman that owned the property passed away in a riding accident about a year or so ago, and the Homeowners' Association is concerned about the debris, particularly with the hurricane coming. He expressed concern that loose lumber, the propane tank and the debris that was moved to the back of the property would become airborne and cause life threatening and property damage. He asked for guidance. Chairman Carlsson informed him that it was the board's position to find the citizen guilty or not guilty and give them several days to take care of the situation, not to give advice. During discussion regarding the condition of the property, Mr. Richardson stated that the Homeowners' Association was willing to clean up the property and then place a lien, but their attorney, Cliff Shephard, had advised against such action as the property was subject to foreclosure. Attorney Feeney advised that Chapter 162 of the Florida Statutes and City Code authorizes the Board to notify the appropriate departments of a condition that may create a hazard and they may or may not take immediate steps. Supervisor Simon said that this falls under the purview of Code Enforcement and Public Works would contract out the clean up. She said if Mr. Richardson would contact her directly she would advise him of the proper steps to take. Chairman Carlsson stated that, as Mr. Richardson did not represent the owner, no one was here to represent this case. The question was raised about postponing this case until the October meeting, and Attorney Feeney advised that, under the circumstances, it would be appropriate to take action at this time. Member Lenko, seconded by Member Chancey, moved that Case No. 98-102, Miguel A. Figueroa, be found in violation of Section 115-3, as of August 28, 1998 and be given to September 29, 1998 to come into compliance or be fined $100.00 a day thereafter. Motion carried 7-0. 2 Code Enforcement Board September 22, 1998 Case 94-19, Maria Vela - 4 Sundial Key Drive Officer Braddy Violation Cited: Chapter 108-35 04/20/94-NOCV Re-Inspection Date: 05/10/94 05/13/94-SOV 05/13/94-NOH-Meeting Date: 09/22/98 05/16/94-POS-Mail P315-759-245 05/24/94-Order of Continuance 07/18/94-NOH-July 26, 1994 07/19/94-POS-Mail P864-028-204 07/24/94-Order of Continuance-August 23, 1994 08/10/94-NOH-08/23/94 08/10/94-SOV 08/23/94-Compliance Order-August 30, 1994 or$250.00 08/30/94-Affidavit of Non-Compliance 09/27/94-Order Imposing Fine 09/22/98-Request for Reduction Exhibit "A" -Photos of trailer Observation: See Case File Vice Chairman Linebarier read Jose Vela's request for a reduction of fine due to a broken leg and hip on or about April 13, 1995, which kept him from active employment for over a year. Mr. Linebarier stated that if there was a bit of diligence applied during the eight months there would be no need to discuss this case. However, it was discussed at length, as the Board was uncertain about whether to even hear the case. tkirw Supervisor Simon advised that the City had issued a demolition order in June and intended to foreclose but, due to lack of funds to demolish, had not taken that action as yet. She said the case is now in compliance as the trailer was removed two weeks ago and the owners would like to bring another trailer on the lot. In response to Chairman Carlsson's question regarding the amount of the fine from 1994 to 1998, Executive Secretary Seaver advised that a guesstimate would be $300,000. Attorney Feeney advised that this board has the power to reduce any fines it has imposed, but that the statutes are not specific on how to reduce them. He added that the three things that must be considered are (1) whether it is a repeat violation, (2) efforts to correct the violation, and (3) the seriousness of the offense, and he stated that someday the City may foreclose on the property. Vice Chairman Linebarier, seconded by Chairman Carlsson, moved to hear the case at the request of Jose and Maria Vela. Motion carried 5-2. Member Lenko and Member Chancey voted "nay". Mrs. Maria Vela, 3481 Seminole Street, upon being sworn in by Executive Secretary Seaver, related the hardships she had experienced during the four years, which included going to school and working at the same time, being robbed and the property being vandalized. However, she agreed with Chairman Carlsson when he stated that she had no legitimate excuse to ignore the letters from the City. 3 Code Enforcement Board September 22, 1998 Mrs. Vela left the room at 8:10 p.m. and returned at the invitation of Vice Chairman Linebarier to hear the results of the reduction of the fine. Vice Chairman Linebarier, seconded by Member Lenko, moved that Case No. 94-19, Maria Vela, request for a reduction of fine, that the board reduce the overall fine from $300,000 to $30,000 providing the $30,000 is paid by October 16, 1998, and if not paid by that time revert back to existing fine of$300,000 as of the date of October 16, 1998. Motion failed 3-4. Chairman Carlsson, Member Godek, Member Chancey, and Member Ellison voted "nay. " Member Lenko, seconded by Member Chancey, moved to deny the request for reduction of fine on Case No. 94-19, Maria Vela. Motion carried 5-2. Member Holmes and Vice Chairman Linebarier voted "nay. " Case 98-101, Chase Manhattan Mortgage Corp - 700 Rich Drive Officer Loeffler Sec 115-3 Compliance Date: 08/24/98 08/14/98-NOCV-Re-Inspection Date: 08/25/98 09/02/98-SOV 09/02/98-NOH-Meeting Date: 09/22/98 09/03/98-POS MAIL Observation: Three tires near garage/driveway. Officer Loeffler,representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Chairman Carlsson stated, for the record, that no one was here to represent the case. Attorney Feeney stated if the City pursues this case staff must make sure that the appropriate departments at Chase Manhattan have been notified about this hearing. Vice Chairman Linebarier, seconded by Member Lenko, moved that Case No. 98-101, Chase Manhattan Mortgage, is in violation of Section 115-3 as of August 24, 1998 and give them until October 6, 1998 to come into compliance or be fined$200.00 a day thereafter. Motion carried 7-0. Case 98-105,Linda E. Klechka- 1904 Lauren Beth Avenue Officer Loeffler Section 115-5 Compliance Date: 12/8/98 08/24/98-NOCV-Re-Inspection Date: 09/09/98 09/15/98-SOV 09/15/98-NOH-Meeting Date: 09/22/98 09/15/98-POS -Delivery Observation: Weeds and grass over 10 inches. Exhibit A"Photos of grass weeds over 10" Officer Loeffler,representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Chairman Carlsson stated for the record,that no one was here to represent the case. 4 Code Enforcement Board September 22, 1998 Member Holmes moved Case No 98-105, Linda E. Klechka, to be found in violation of Section 115-5 as of September 9, 1998 and be given until October 6, 1998 to come into compliance or be fined$250 a day thereafter. Motion died for lack of a second. Member Holmes, seconded by Member Godek, moved that Case No. 98-105, Linda E. Klechka, be found in violation of Section 115-5 as of September 9, 1998 and be given until October 6, 1998 to come into compliance or be fined$100 a day thereafter. Motion carried 7-0. OTHER BUSINESS Case 98-073, Rene and Viviane Mestdagh -360 Story Road Supervisor Simon Sec 108-30, Section 108-33A, (1) (2)(3)(9) (10) (11) (12), 108-33F, 108-34 and 119-2 Compliance Date: 03/09/98 04/14/98-Application for Demolition of Structure Re-Inspection Date: 05/06/98 05/14/98-SOV 05/14/98-NOH Meeting Date: 05/26/98 05/15/98-POS Mail 05/26/98-Order of Continuance 06/23/98 06/04/98-NOH-Meeting Date 06/23/98 06/04/98-POS Mail Cert.Z336-031-160 06/23/98-Order of Continuance 07/28/98 07/15/98-NOH Meeting Date: 07/28/98 07/15/98-POS Mail Cert#Z057-384-939 07/28/98-Order of Continuance-08/25/98 08/04/98-NOH Meeting Date: 08/25/98 08/04/98-POS-Mail 08/25/98-Order of Continuance-09/22/98 09/04/98-Notice of Dismissal Observation: Occupancy in storage units,alterations to units to accommodate occupancy made without required permitting to include electrical to operate a/c units,refrigerators,washer/dryer hook-ups,telephone and water pipes running through units. Observations of people working in units made and dogs kept in other units. Storage units are being used to house business/tenants which is not the intended use/occupancy. A notice of dismissal was presented to the board. COMMENTS FROM THE BOARD Chairman Carlsson stated he is resigning from the Code Enforcement Board and has turned in a letter of resignation to Ellis Shapiro, City Manager. He read the letter to the board. Chairman Carlsson mentioned that Vice Chairman Linebarier and he have been working on the board for several years. He expressed appreciation for everyone's assistance in handling the Code Enforcement meetings. Attorney Feeney complimented Chairman Carlsson on his service to the City and said it it was extraordinary that he and Mr. Linebarier have such a long and distinguished career. Each board member concurred in turn with Attorney Feeney's remarks. Member Chancey thanked everyone for recommending him to become a member of the board and said he would be proud to serve. 5 Code Enforcement Board September 22, 1998 Member Ellison thanked the board for recommending him as a member. Vice Chairman Linebarier requested recommending that the City Commission move Mr. Ellison to become a full board member and to appoint two more alternates. Chairman Carlsson stated he was going to speak at the next Commission meeting and would make that recommendation. ADJOURNMENT At 8:45 p.m. the meeting was adjourned. APPROVED: Attes / *ALIA. A I bale4411. 619/Aelist She ry Seaverr xecutive Secretary A 2F ink Carlsson, Chairman -0/V latAltd,„ tilc-VtizvtV Kathleen Weatherly, Admini§trative Secretary c:\all_data\Code Enf Bd\ce032498-M.doc L 6