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HomeMy WebLinkAbout10-27-1998 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING October 27, 1998 CALL TO ORDER Vice 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 in the pledge of allegiance. Vice Chairman Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Vice Chairman Linebarier, Members Chancey, Holmes, Lenko, Skiles, and Alternate Member Konicek. Also present were Attorney Feeney, Code Enforcement Supervisor Simon, Administrative Supervisor Seaver, and Administrative Secretary Weatherly. ABSENT: Member Ellison - Excused, and Member Godek - Excused APPROVAL OF MINUTES OF SEPTEMBER 22, 1998 MEETING Attorney Feeney stated that on page 2 should read "Attorney Feeney advised that Chapter 162 of the Florida Statutes and the City Code authorizes"; instead of "Attorney Feeney advised that Chapter 162 of the City Code authorizes". Member Lenko, seconded by Member Chancey, moved to approve the Minutes of the September 22, 1998, Code Enforcement Board meeting as corrected. Motion carried 5-0. (Member Skiles stated that for the approval of September 22, 1998, meeting minutes should read 5-0 since he was absent from the meeting and should not vote on the accuracy of the minutes.) COMMENTS FROM CITIZENS None CASES CONTINUED Member Lenko, seconded by Member Skiles, moved at the request of the City that Case No. 98-110, George Laman I; 98-113, Lawrence J. and Sandra K. Duncan be continued to November 24, 1998, and 98-117, John R. Sanders be dismissed. Motion carried 6-0. Member Lenko, seconded by Member Skiles, moved that Case No. 98-103, Buford L. Adams, and 98-104, Mr. and Mrs. Miller, be adopted as the same case; and 98-106, Buford L. Adams, and 98-107, Mr. and Mrs. Miller be adopted as same case. Motion carried 6-0. As the people were in the audience to respond, Vice Chairman Linebarier, seconded by Member Lenko, moved that Case No. 98-103, Buford L. Adams; 98-104, Mr. and Mrs. Miller; 98-106, Buford L. Adams; and 98-107, Mr. and Mrs. Miller, be heard first at the request of the City, followed by Case No. 93-09, Jerry L. Jones. Motion carried 6-0. Code Enforcement Board October 27, 1998 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. 98-103, Buford L. Adams - 11301 West Colonial Drive, Ocoee, FL 34761 Officer Simon Violation Cited: Sec 165-3, 115-3 Compliance Date: August 12, 1998 05/12/98 - NOCV - Re-Inspection Date: 9-2-98 09/16/98 - SOV 09/16/98 - NOH - Meeting Date: 09/22/98 09/16/98 - POS - MAIL 09/22/98 - Order of Continuance - 10/27/98 10/02/98 - NOH - Meeting Date: 10/27/98 10/02/98 - POS - Mail - Z057-384-958 RECD 10/03/98 Observation: Numerous trucks and junk vehicles inoperable/without current tags, as well as, accumulations of trash and debris. Exhibit A - Letter from Code Enforcement Supervisor Simon to Buford L. Adams Exhibit B - Schedule of Electrical Fees Exhibit C - City Commission Minutes of May 16, 1972 Exhibit D - Ordinance 559 Exhibit E -Orange County Property Appraiser Property Line Exhibit F - Letter from Building & Zoning Official Flippen to Ms. McPherson Exhibit G - Photos of property Exhibit H - Photos of property Exhibit I - Photos of property Exhibit J - Composite 98-104, Mr. and Mrs. Miller - 11301 West Colonial Dr., Ocoee, FL 34761 Officer Simon Violation cited: Sec. 165-3, 115-2 Compliance Date: August 12, 1998 05/12/98 - NOCV - Re-Inspection 09/02/98 09/16/98 - SOV 09/16/98 - NOH - Meeting Date: 09/22/98 09/16/98 - POS - Mail Delivery 09/22/98 - Order of Continuance - 10/27/98 10/02/98 - NOH Meeting Date: 10/27/98 10/05/98 - POS - Mail Z057-384-959 Observation: Numerous trucks and junk vehicles inoperable/without current tags, as well as accumulations of trash and debris . Officer Simon, representing Code Enforcement board, having been sworn and stating qualifications, made a statement. Mabel Miller, 11301 West Colonial Dr., Ocoee, FL 34761, was sworn in by Administrative Supervisor Simon and stated her husband went to City of Ocoee to obtain an occupational license, and they referred him to Orange County. Orange County informed them if they added a trailer on the lot to live there for safety reasons they would not need a permit. Mrs. Miller stated that Supervisor Simon informed her she needed an occupational license from the City of Ocoee. Supervisor Simon inspected the property, and informed Mrs. Miller she had debris, and that the Building department would send a letter stating what needed to be cleaned up. The letter never came, but they began to clean the property. 2 Code Enforcement Board October 27, 1998 Mabel Miller said she had asked Mr. Flippen for a variance, and he had responded that he thought they could have one and instructed them to apply at City Hall. Mrs. Miller was told that they did not qualify for a variance. The Building department instructed her to come to the Code Enforcement Board, and perhaps they would give them a special permit. Supervisor Simon stated she informed Mr. and Mrs. Miller to request a re-inspection. Vice Chairman Linebarier asked Mrs. Miller why she didn't call for a re-inspection. Mrs. Miller said she was never told that she needed a re-inspection. Debbie McPherson, West Colonial Dr., Ocoee, FL 34761, was sworn in by Administrative Supervisor Seaver and spoke at length how this situation has affected her parents health. Ms. McPherson said she did have an Orange County permit. She called Orange County to obtain a copy of the permit, but they destroyed all permits that were on file after seven years. After a lengthy discussion, Ms. McPherson stated she received the permit in April, 1989, and she always had a state and Orange County license for 21 years. They did not know they needed to have a City license or a re- inspection of their property. Commissioner Howell, 895 Marlene Drive, Ocoee, FL 34761, was sworn in by Administrative Supervisor Seaver and stated he spoke with Orange County, and they informed him all records were destroyed from 1977 back. Mr. Howell asked if the property had always been C3 or was it zoned as C4, and why after 10 years are they concerned about the trailer being there now. Supervisor Simon said it was annexed as C4 and became C3 later. She located this information from the 1972 minutes. After lengthy discussion, Mr. Flippen had advised her to inspect the property because it had been re-opened for business, and to see if they had a City occupational license. She inspected the property and they did not have a license. She stated that Mr. Flippen advised Mrs. Miller that they could get a variance, and it was up to the Planning department to make the decision. Supervisor Simon asked Planning why they couldn't get a variance, and Planning said they didn't meet the criteria. A question was raised by the board if Mr. Buford Adams would be held responsible since he was an absentee landlord. Attorney Feeney stated that absentee landlords and abandoned or junk vehicles are different from maintaining property, different than facilities where the landlord is responsible. The language in the City Code says that no person shall keep any abandoned or junk vehicle. The memorandum says that unlike other parts of the City Code, an absentee landlord is not held responsible for an abandoned or junk vehicle that may be in the right of way or on the property. The owner of the vehicle is held responsible. Attorney Feeney stated that in Case No. 98- 103, Mr. Adams may not be responsible because he is an absentee landlord. Mr. Feeney also stated absentee owners cannot allow anyone to dump on property. L 3 Code Enforcement Board October 27, 1998 Member Lenko, seconded by Member Skiles, moved that Case No. 98-103, Buford L. Adams, and 98-104, Mr. and Mrs. Miller be found in violation of Section 115-3 and 115-2 respectively as of August 12, 1998, and be given to November 10, 1998, to comply or be fined $100.00 a day thereafter. Motion carried 5-1. Vice Chairman Linebarier voted "nay. " Member Lenko, seconded by Member Skiles, moved that Case No. 98-104, Mr. and Mrs. Miller to be found in violation of section 165-3, and 115-2, as of August 12, 1998, and be given until November 10, 1998, to comply or be fined $100.00 a day thereafter. Motion carried 6-0. Member Skiles asked why are there different code violations. Attorney Feeney stated that with respect to junk there are two different code sections; one says you can not dump junk anywhere, and one says you can not permit anybody to dump junk. If the code had that same sort of language on the abandoned vehicles, then there would not be problems with absentee owners. Member Lenko, seconded by Member Holmes, moved to adopt the previous testimony from Case No. 98-103, Buford L. Adams; and 98-104, Mr. and Mrs. Miller, for Case No. 98-106, Buford L. Adams, and 98-107, Mr. and Mrs. Miller. Motion carried 6-0. Vice Chairman Linebarier stated that he would like to give them time enough to go to the Board of Adjustment. Member Lenko, seconded by Member Skiles, moved that Case No. 98-106, Buford L. Adams and 98-107, Mr. and Mrs. Miller be found in violation of Section LDC, Article V6C, and Section 51-35 as of August 12, 1998, and be given until January 26, 1999, to comply or be fined$250.00 a day thereafter. Motion carried 6-0. Mrs. Miller said she wished to get a variance and Attorney Feeney responded that she should seek counsel. RECESS AT 9:00 P.M. - 9:10 P.M. Vice Chairman Linebarier called the meeting back to order. Case 93-09, Jerry L. Jones - 801 West Harbour Ct., Ocoee, FL 34761 Officer Simon 01/28/93 - NOCV 04/19/93 - SOV 04/19/93 - NOH - 04/27/93 04/23/93 - POS - MAIL 04/27/93 - Order of Continuance to May 25, 1993 05/17/93 - SOV 05/17/93 - NOH - 05/25/93 05/18/93 - POS - Delivery 05/18/93 - POS - Delivery 05/25/93 - Compliance Order 41110.- 07/09/93 - NOH 07/19/93 - Amended of NOH 08/01/95 - NOH 4 Code Enforcement Board October 27, 1998 10/13/98 - Request for Re-hearing/Reduction of Fine placed on Agenda for 10/27/98 meeting Exhibit "A" Member Lenko, seconded by Member Skiles, moved that Case No. 93-09, Jerry L. Jones under Other Business be moved to Item IV Hearing of Statement of Violations. Motion carried 6-0. After a lengthy discussion, Vice Chairman Linebarier said if they were presenting new evidence, the Board would hear the case. Member Holmes, seconded by Member Skiles, moved to consider Case No. 93-09, Jerry L. Jones, request to a re-hearing for reduction of fine. Motion carried 4-2. Member Lenko and Member Chancey voted "nay. " Discussion ensued regarding whether citizens needed to be sworn in. Attorney Feeney stated that advocates do not need to be sworn in. However, a person having independent knowledge and general counsel, dealing with notices in which to testify things for Board consideration would be sworn in. After a lengthy discussion, it was decided that Mr. Labret did not need to be sworn in, as he was here as an advocate. Mr. Steven Michael Labret stated that everyone was under the impression that the fines would be abated while they were handling the litigation process. Mr. Labret said if they had known the fines would accrue they would not have contested. They filed for reduction of fines because his client could not pay the fines. Mr. Labret said his client may have to file for bankruptcy because of the fines. Neil T. McShane, 638 Highland Ave., Orlando, FL 32803, upon being sworn in by Administrative Supervisor Seaver, stated that he was the attorney who handled the case, and he was politely advised not to. Mr. McShane said when the case was first presented to the Board that Officer Braddy and Attorney Jordan informed him that the fines would not accrue while they were still in the litigation process. Jeff Dusek, 812 E. Harbour Ct., Ocoee, FL 34761, was sworn in by Administrative Supervisor Seaver, and stated he complied and moved the fence. He stated Jerry wanted to contest this case. Mr Dusek was told by the original board that if Mr. Jones had won the case, and Mr. Dusek had already moved his fence he could put his fence back because the ordinance had been over ruled. He thought the fines would be waived after a final decision was made. Jerry L. Jones, 801 West Harbour Court, Ocoee, FL 34761, was sworn in by Administrative Seaver and stated that Attorney Jordan had said as long as it was in litigation the fines would not accrue. Mr. Jones spoke at length that he didn't have the money to pay for this. If he had known this, he would never have contested it. Vice Chairman Linebarier said that there are no documents that state the fees were waived while this was in litigation. He could only go by their testimony. 5 Code Enforcement Board October 27, 1998 Supervisor Simon stated that the order of imposing fine and liens was never filed until well after 1996 when the case was decided. When she asked Ms. Braddy about it, Ms. Braddy had no recollection of it. Member Holmes, seconded by Member Skiles, moved to reduce the fine from $40,000 to $10,000 in Case No. 93-09, Jerry L. Jones. Motion tied 3-3. Vice Chairman Linebarier, Member Chancey, and Member Lenko voted "nay. " Member Chancey, seconded by Member Lenko, moved to reduce the fine from $40,000 to $25,000 in Case No. 93-09, Jerry L. Jones. Motion failed 4-2. Vice Chairman Linebarier, Member Holmes, Member Konicek, and Member Skiles voted nay. Member Holmes, moved to reduce the fine from $40,000 to $15,000 in Case No. 93- 09, Jerry L. Jones. Motion failed for lack of second. Member Lenko, seconded by Member Chancey, moved to deny reduction of fine in Case No. 93-09, Jerry L. Jones. Motion failed 4-2. Vice Chairman Linebarier, Member Holmes, Member Konicek, and Member Skiles voted "nay. " Member Chancey, seconded by Member Lenko, moved to reduce the fine from $40,000 to $20,000 in Case No. 93-09, Jerry L. Jones. Motion carried 5-1. Member Konicek voted "nay. " 98-111, Nationsbanc Mortgage Corp - 477 New Meadows Court, Ocoee, FL 34761 - Officer Loeffler Violation Cited: Sec 115-3 Compliance Date: 09/24/98 09/14/98 - NOCV - Re-Inspection Date: 09/25/98 10/02/98 - SOV 10/02/98 - NOH 10/02/98 - POS - Mail Observation: Junk and debris in the front yard and back yard to include old lumber, furniture, four(4) old lawn mowers and auto parts. RECESS - 10:40-10:42 to change tape. Vice Chairman Linebarier called meeting back to order. 98-121, Nationsbanc Mortgage Corp. - 477 New Meadows Court, Ocoee, FL 34761 - Officer Loeffler Violation Cited: Sec 108-23Q Compliance Date: October 14, 1998 09/14/98 - NOCV - Re-Inspection Date: 10/15/98 10/16/98 - SOV 10/16/98 - NOH - Meeting Date 10/27/98 10/16/98 - POS - Mail - Cert#Z526-945-157 Observation: Dilapidated, rotting rear porch canopy not built to code. 6 Code Enforcement Board October 27, 1998 Officer Loeffler, representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Vice Chairman Linebarier stated for the record that no one was here to represent the case. Member Holmes, seconded by Member Lenko, moved that Case No. 98-111, Nationsbanc Mortgage Corp. and Case No. 98-121, Nationsbanc Mortgage Corp. be heard at the same time. Motion carried 6-0. After lengthy discussion, the Board decided to make two separate motions on these cases. Member Holmes, seconded by Member Skiles, moved that Case No. 98-111, Nationsbanc Mortgage Corporation be found in violation of Section 115-3, as of September 24, 1998, and be given to November 10, 1998, to comply or be fined $100.00 a day thereafter. Motion carried 5-2. Member Lenko, Vice Chairman Linebarier voted "nay. " Member Holmes, seconded by Member Lenko, moved that Case No. 98-121, Nationsbanc Mortgage Corporation be found in violation of Section 108-23Q as of October 14, 1998, and be given to November 10, 1998, to comply or be fined $200.00 a day thereafter. Motion carried 6-0. 98-115, Rodolfo Garcia - 1602 Adair Street, Ocoee, FL 34761 Officer Siegrist Violation Cited: Sec 108-19D; 108-23E2 & N1; 108-24D; 606.3.4.1; NEC 110-12a; NEC 370-25; NEC 424-19; 108-12D Compliance Date: 10/02/98 09/22/98 - NOCV - Re-Inspection Date: 10/05/98 10/06/98 - SOV 10/06/98 - NOH - Meeting Date: 10/27/98 10/06/98 - POS - Mail Observation: Failed to schedule a Minimum Housing Standards re-inspection. Vice Chairman Linebarier stated for the record that no one was here to represent the case. Officer Siegrist, representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Officer Siegrist stated for the record that there might be a communication barrier between Mr. Garcia and the City but the City had done everything they could do. Member Lenko, moved that Case No. 98-115, Rodolfo Garcia be found in violation of Section 108-19D; 108-23E2 & N1; 108-24D; 606.3.4.1; NEC 110-12a; NEC 370-25; NEC 424-19; 108-12D as of October 2, 1998, that he be given until November 3, 1998, to comply or be fined $250.00 a day thereafter. Motion failed for lack of second. 7 Code Enforcement Board October 27, 1998 Member Holmes stated that there might be a communication barrier and to give the citizen more time to comply. Officer Siegrist informed the board he gave the defendant the name of a translator to assist with the violations. Member Holmes, seconded by Member Skiles, moved that Case No. 98-115, Rodolfo Garcia be found in violation of Section 108-19D; 108-23E2 & N1; 108-24D; 606.3.4.1; NEC 110-12a; NEC 370-25; NEC 424-19; 108-12D as of October 2, 1998, and be given until November 10, 1998, to comply or be fined $150.00 a day thereafter. The motion carried 4-2. Member Chancey and Member Lenko voted "nay. " 98-118, Estate of Clyde R. Fair do Louis L. Lopez - 36 Coquina Key Dr., Ocoee, FL 34761 Officer Siegrist Violation Cited: Section 165-3 Compliance Date: 10/09/98 09/24/98 - NOCV - Re-Inspection Date: 10/12/98 10/14/98 - SOV 10/14/98 - NOH - Meeting Date: 10/27/98 10/14/98 - POS - Mail Z 526-945-205 Returned - Vacant 10/16/98 - POS - Posting Observation: Dodge Aries car without a tag. Vice Chairman Linebarier stated for the record that no one was here to represent the case. Officer Siegrist, representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Supervisor Simon stated it was a vacant lot, and no forwarding address was available. Supervisor Simon said that someone dumped a vehicle on the lot. After a lengthy discussion, Officer Siegrist will trace the vin number to see who is the proper owner. Supervisor Simon stated they should postpone the case to the November meeting to have time to identify the owner of the vehicle. Member Holmes, seconded by Member Lenko, moved that Case No. 98-118, Estate of Clyde R. Fair c%Lois L. Lopez be continued to the November meeting to provide an opportunity to trace the vin number to identify the owner of the vehicle. Motion carried 6-0. 98-120, Elizabeth Pedrick - 52 W. Circle Key Dr., Ocoee, FL 34761 Officer Loeffler Violation Cited: Sec 108-19 D & I; 108-23 N1, 0, Q & R2; 108-24D; NEC 110-12A; 108-12D Compliance Date: 10/07/98 09/22/98 - NOCV - Re-Inspection Date: 10/12/98 10/14/98 - SOV 10/14/98 - NOH - Meeting Date: 10/27/98 10/14/98 - POS 10/23/98 Revised Date per Officer Loeffler Observation: Failed to schedule a Minimum Housing Standards re-inspection. 8 Code Enforcement Board October 27, 1998 Vice Chairman Linebarier stated for the record that no one was here to represent the case. Officer Loeffler, representing the Code Enforcement Board, having been sworn and stating qualifications, made a statement. Member Holmes, seconded by Member Lenko, moved that Case No. 98-120, Elizabeth Pedrick to be found in violation of Sec. 108-19D & I; 108-23 N1, 0, Q & R2; 108- 24D; NEC 110-12A; 108-12D, as of October 7, 1998, but in compliance as of October 26, 1998 and no penalty assessed. Motion carried 6-0. 98-101, Chase Manhattan Mortgage Corp. - 700 Rich Dr., Ocoee, FL 34761 Officer Loeffler Violation Cited: Sec. 115-3 Compliance Date: August 24, 1998 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 09/22/98 - Compliance Order - Given until 10/06/98 or $200.00 per day 10/07/98 - Affidavit of Compliance Observation: Three tires near garage/driveway. An Affidavit of Compliance was presented to the Board in this case. 98-102, Miguel A. Figueroa - 701 Butterfly Creek Dr., Ocoee, FL 34761 Officer Loeffler Violation Cited: Sec 115-3, 115-5 A,B,C, NEC 370-25 Compliance Date: August 29, 1998 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 09/22/98 - Compliance Order - 09/29/98 or $100.00 A Day 09/30/98 - Affidavit of Non-Compliance Observation: Excessive weed growth. Exposed wire by garage on outside fixtures. Wood pile on west side of house; propane tank-garbage in back yard. Vice Chairman Linebarier stated for the record that no one was here to represent the case. Member Lenko, seconded by Member Holmes, moved that Case No. 98-102, Miguel A. Figueroa to be found in compliance as of October 27, 1998, and to enter an order of imposing fine and lien of $2,700.00 accrued between September 29, 1998, and October 27, 1998. Motion carried 5-1. Member Skiles voted "nay. " 98-105, Linda E. Klecha - 1904 Lauren Beth Avenue, Ocoee, FL 34761 Officer Loeffler Violation Cited: Sec 115-5 Compliance Date: September 8, 1998 08/24/98 - NOCV - Re-inspection Date: 09/09/98 09/15/98 - SOV 09/15/98 - NOH - Meeting Date: 09/22/98 9 Code Enforcement Board October 27, 1998 09/15/98 - POS - Delivery Low 09/22/98 - Compliance Order - October 6, 1998 or $100.00 A Day 10/07/98 - Affidavit of Non-Compliance Observation: Weeds and grass over 10 inches. Vice Chairman Linebarier stated for the record that no one was here to represent the case. Member Holmes, seconded by Member Lenko, moved that for Case No. 98-105, Linda E. Klechka, to impose a fine of lien as of October 7, 1998, for a fine of$100.00 per day thereafter. Motion carried 6-0. MISCELLANEOUS INFORMATION Case No. 95-146, Persaud Khemwattee - 449 S. Bluford Ave. A payment of lien of$5,800.00 was presented to the Board in this case. OTHER BUSINESS ELECTIONS Vice Chairman Linebarier opened the floor for nominations of Chairman and Vice- Chairman. Member Lenko, seconded by Member Holmes, moved to nominate Mr. John Linebarier as Board Chairman. Motion carried 6-0. Member Skiles, seconded by Member Holmes, moved to nominate Ms. Denise Lenko as Board Vice-Chairman. Motion carried 6-0. COMMENTS FROM THE BOARD Attorney Feeney - None Member Chancey - None Member Skiles - None Member Holmes announced happy Halloween and Veteran's Day. Member Lenko asked if there was a legal way the City could limit the amount of times a case was brought before the Board requesting reduction of fines. Attorney Feeney said there was not a way to stop people from asking for a reduction of fine but a quick review of the application would reveal whether there is some new information or whether the majority of the Board is interested in considering it. Chairman Linebarier asked that the City provide more accuracy on the figures of the fines. Supervisor Simon said she would have more information on the fees. L 10 Code Enforcement Board October 27, 1998 Chairman Linebarier welcomed Member Konicek to the board, and thanked the Board for electing him. He wished Supervisor Simon and Member Holmes Happy Birthday. ADJOURNMENT At 11:27 p.m. the meeting was adjourned. APPROVED: Attest: She► eaver, inistrative Supervisor`ohn Linebarier, Chairman L✓ Kathleen Weatherly, Administrative Secretary L L