HomeMy WebLinkAbout11-24-1998 Minutes MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
November 24, 1998
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 in the pledge of
allegiance. Member Ellison led in the prayer. The roll was called and a quorum declared
present.
PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Ellison,
Godek, Skiles, and Alternate Member Konicek. Also present were Attorney
Feeney, Code Enforcement Supervisor Simon, Administrative Supervisor
Seaver, Code Enforcement Officers Loeffler and Siegrist, and Clerk
Stenographer Smith. Member Holmes arrived at 8:05 p.m. but did not take part
in the meeting.
ABSENT: Member Hall - Excused.
APPROVAL OF MINUTES OF SEPTEMBER 22, 1998 MEETING
Vice Chairman Lenko, seconded by Member Skiles, moved to approve the Minutes of the
October 27, 1998, Code Enforcement Board meeting as presented. Motion carried 5-0. (Due
to being absent from the October 27, 1998 meeting, Members Ellison and Godek abstained
from the vote).
COMMENTS FROM CITIZENS
None.
CASES CONTINUED
Vice Chairman Lenko, seconded by Member Skiles, moved, at the request of the City, to
continue Case No. 98-110, George Laman I., and Case No. 98-118, Estate of Clyde R. Fair
until the January 26, 1999 meeting. Motion carried 7-0.
Attorney Feeney wanted to make the staff aware of the fact that, in Case No. 98-110, George
Laman I., he would not be able to represent the Code Enforcement Board because he and his
Law Firm would have a conflict of interest as they are representing Mr. Laman I. Attorney
Feeney said this would give the Staff time to find independent counsel for this particular case,
as the city attorney would not be permitted to represent the Code Enforcement Board as well as
the City Staff under the state laws. Attorney Feeney presented a memo, written years earlier,
by City Attorney Rosenthal concerning Ordinance 165-3, abandoned vehicles, and said
although this was only a part of the memo, Mr. Rosenthal would forward the entire document
to the board very soon. He added that this memo would pertain to Case No. 98-110 and that
he would not be able to advise them on how to interpret the memo in regards to this case.
Chairman Linebarier said he did not think this would be a problem and would accept City
Attorney Rosenthal's interpretation of the Code.
Code Enforcement Board
November 24, 1998
Lir Vice Chairman Lenko, seconded by Member Skiles, moved to hear Case No. 95-115, Martha
Medina first, and Case No. 98-125, Erik and Yves R. Franklin to follow as there were citizens
in the audience to respond in these cases. 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.
Case 95-115, Martha Medina - 602 Melva Avenue Officer Braddy
Violation Cited: Section 108-19; 108-23
Compliance Date: 9/03/95
08/26/95 - NOCV - Re-Inspection Date: 9/06/95
09/15/95 - SOV
09/15/95 - NOH - Meeting Date: 09/26/95
09/26/95 - POS - Mail #Z395-711-333
09/26/95 - Compliance Order; 10/02/95 or $100 a day
10/03/95 - Affidavit of Non-Compliance
10/24/95 - Order Imposing Fine and Lien; As of 10/03/95
04/02/98 - Affidavit of Compliance
11/24/98 - Request for Re-Hearing
Observation: Install smoke detectors to all sleeping areas. Repair all windows into
working condition. Replace broken windows. Seal all holes in flooring. Daylight can
be seen through the cracks. Seal the large gap around the faucets in the bathtub.
Repair roof into working condition. Replace all rotted wood.
Chairman Linebarier stated in Case No. 95-115, Martha Medina, the first consideration
would be to decide if they would rehear the case. After a short discussion Vice Chairman
Lenko, seconded by Member Ellison, moved to rehear Case No. 95-115, Martha Medina, per
request of the respondent. Motion carried 7-0.
Code Enforcement Supervisor Simon, representing Code Enforcement, gave a brief history
of the Case.
Mr. Nicolas Veloquio, 3705 Rolino Lane, Apopka, was sworn in by Supervisor Seaver and
requested to speak on behalf of his sister Martha Alvarado (name change due to marriage).
Attorney Feeney requested that Mrs. Martha Alvarado, 3703 Rolino Lane, Apopka (Martha
Medina) be sworn in also. Mr. Veloquio said his sister did not understand anything about
compliance and was asking for more time to comply and a reduction in fine. Chairman
Linebarier said that an affidavit of compliance was issued on April 2, 1998 and the fine
stopped accruing as of that date. A long discussion ensued after which Mr. Veloquio said his
sister requested a reduction in the fine as the house is not worth as much as the lien placed on
the house, and said she would like to fix up the property to sell it. Supervisor Simon agreed
in regard to the value of the property and said they had complied and the City would have no
problem with a lower fine. The discussion then continued concerning what amount the fine
should be.
During the discussion Supervisor Seaver swore in all of the code enforcement officers.
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Code Enforcement Board
November 24, 1998
Member Skiles, seconded by Member Ellison, moved in Case No. 95-115, Mrs. Martha
rirry Medina (Alvarado), to reduce the fine from $91,000 to $500, payable within 30 days. On a
roll call vote Member Chancey "no, " Member Ellison "yes, " Member Godek "no, " Member
Konicek "no, " Vice Chairman Lenko "no, " Member Skiles "yes, " and Chairman Linebarier
"no. " Motion failed 2-5 opposed.
Vice Chairman Lenko, seconded by Member Godek, moved in Case No. 95-115, Mrs. Martha
Medina (Alvarado), to reduce the fine from $91,000 to $2,000 payable within 90 days.
(Chairman Linebarier said for clarification purposes that if it was not paid within the 90 day
period it would revert back to the $91,000). On a roll call vote Member Chancey "yes, "
Member Ellison "no, " Member Godek "yes, " Member Konicek "yes, " Vice Chairman Lenko
"yes, "Member Skiles "no, " and Chairman Linebarier "yes. " Motion carried 5-2.
Member Holmes arrived at 8:05 p.m.
Case 98-125 Erik and Yves Rose Franklin - 2368 Blake Way, Ocoee, FL 34761 Officer Loeffler
Violation Cited: Sec 119-2, LDR Art V5-17D & E; LDR Art 6-4H5a
Compliance Date: 10/09/98
10/06/98 - NOCV - Re-Inspection Date: 11/03/98
11/04/98 - SOV
11/04/98 - NOH - Meeting Date: 11/24/98
11/05/98 - POS - Mail #Z526-945-179
11/18/98 - POS - Hand Delivery - PD
Observation: Two commercial vans present; miscellaneous kitchen and bath furniture.
Several employees working on sink/vanity. Home phone/address used as business
address.
Officer Loeffler, representing Code Enforcement, having been sworn and stating
qualifications, made a statement.
Mr. Erik Franklin and Mrs. Yves Rose Franklin were sworn in by Supervisor Seaver. Mr.
Franklin explained the nature of his business and Mrs. Franklin said that their home had only
been used as an office for their business. Mr. Franklin also stated that they were no longer in
business as of November 16, 1998.
There was a lengthy discussion concerning three vehicles and the licensing of these vehicles.
They also discussed different aspects of the work that Mr. Franklin had done.
Vice Chairman Lenko, seconded by Member Skiles, moved in Case No. 98-125, Mr. Erik
Franklin and Mrs. Yves Rose Franklin, be found in violation of Section 119-2 LDR Art V5-17D
& E; LDR Art 6-4H5a, as of October 10, 1998, and be given until December 4, 1998, to
comply or be fined$250 a day thereafter. Motion carried 7-0.
Chairman Linebarier explained that the respondents would need to contact the Code
Enforcement Office to find out what they would need to do to comply and said having been
found in violation this time should they be found in violation of these same articles at any
future date could be fined $500 a day immediately, without a hearing. There was a short
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Code Enforcement Board
November 24, 1998
discussion. Mr. Linebarier emphasized that it was the Franklin's responsibility to make an
appointment for the re-inspection.
Recess 9:05- 9:12 p.m. Chairman Linebarier called the meeting back to order.
Case 98-113 Lawrence J. and Sandra K. Duncan - 1300 Oakwood Lane, Ocoee, FL 34761
Officer Loeffler
Violation Cited: Sec 54-3; 108-23I, M; 606.3.4.1; NEC424-19; 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 Cert. #Z526-945-077
10/27/98 - Order of Continuance: 11/24/98
11/05/98 - NOH - Meeting Date: 11/24/98
11/05/98 - POS - Posting
Observation: Failed to schedule a Minimum Housing Standards re-inspection.
Chairman Linebarier stated for the record that no one was here to represent the case.
Officer Loeffler, representing Code Enforcement, having been sworn and stating
qualifications, made a statement. Officer Loeffler stated that the respondents had called for a
re-inspection date, which would be November 25, 1998.
Member Skiles, seconded by Member Godek, moved that Case No. 98-113, Lawrence J. and
Sandra K. Duncan, be found in violation of Section 54-3; 108-231, M; 606.3.4.1; NEC424-19;
108-12D, as of October 3, 1998, and be given until December 4, 1998, to comply or be fined
$150 day thereafter. The motion carried 7-0.
Case 98-124 David E. Cason- 499 Picwood Court, Ocoee, FL 34761 Officer Siegrist
Violation Cited: Sec 115-5
Compliance Date: 10/24/98
10/09/98 - NOCV - Re-Inspection Date: 10/26/98
11/02/98 - SOV
11/02/98 - NOH - Meeting Date: 11/24/98
11/02/98 - POS - Mail #Z526-945-174 & Z526-945-176
Observation: Grass over ten (10) inches.
Chairman Linebarier stated for the record that no one was here to represent the case.
Officer Siegrist, representing Code Enforcement, having been sworn and stating
qualifications, made a statement.
Member Skiles, seconded by Member Godek, moved that Case No. 98-124, David E. Cason,
be found in violation of Section 115-5, as of October 25, 1998, and be given until December 4,
1998, to comply or be fined$150 a day thereafter.
There was a short discussion concerning the process of alleviating the nuisance when the tenant
or property owner did not.
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Code Enforcement Board
November 24, 1998
Chairman Linebarier asked the Code Enforcement Officers to list the respondent as owner or
tikar tenant on the case histories in the future.
Case 98-126 Edward Youngs - 2009 Jessica Lea Lane, Ocoee, FL 34761 Officer Loeffler
Violation Cited: Sec 108-23Q
Compliance Date: 10/16/98
09/16/98 - NOCV - Re-Inspection Date: 11/10/98
11/10/98 - SOV
11/10/98 - NOH - Meeting Date: 11/24/98
11/10/98 - POS - Mail #Z526-945-180
Observation: Fence is dilapidated and in disrepair.
Chairman Linebarier stated for the record that no one was here to represent the case.
Officer Loeffler, representing Code Enforcement, having been sworn and stating
qualifications, made a statement. Officer Loeffler said that he verified they had complied as
of November 16, 1998. Vice Chairman Lenko questioned what was the final date they were
given to comply, to which Officer Loeffler replied November 10, 1998.
Vice Chairman Lenko, seconded by Member Skiles, moved that Case No. 98-126 be found in
violation of Section 108-23Q as of November 10, 1998, but in compliance as of November 16,
1998, and no fine be assessed. Motion carried 7-0.
OTHER BUSINESS
Case 98-103, Buford L. Adams - 11301 West Colonial Dr., Ocoee, FL 34761 Supervisor 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
10/27/98 - Compliance Order - 11/10/98 or $100 a day 115-3 only.
11/09/98 - Affidavit of Compliance
Observation: Numerous trucks and junk vehicles inoperable/without current tags, as
well as, accumulations of trash and debris.
Case 98-104, Mr. and Mrs. Miller - 11301 West Colonial Dr., Ocoee, FL 34761 Supervisor 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
10/27/98 - Compliance Order - 11/10/98 or $100 a day
11/09/98 - Affidavit of Compliance
Observation: Numerous trucks and junk vehicles inoperable/without current tags, as
well as accumulations of trash and debris.
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Code Enforcement Board
November 24, 1998
Chairman Linebarier announced in Case No. 98-103, Buford L. Adams, and Case No. 98-
104, Mr. and Mrs. Miller, there was notice from the City that both cases had complied.
Case 98-111 Nationsbanc Mortgage Corp., 477 New Meadows Court, Ocoee FL 34761 Officer
Loeffler
Violation cited: Sec. 115-3
Compliance Date: September 24, 1998
09/14/98 - NOCV - Re-Inspection 09/25/98
10/02/98 - SOV
10/02/98 - NOH - Meeting Date: 10/27/98
10/02/98 - POS - Mail Delivery Cert. #Z057-384-962
10/27/98 - Compliance Order - 11/10/98 or $100 a day
11/12/98 - Affidavit of Non-Compliance
Observation: Junk and debris in the front yard and back yard to include old lumber,
furniture, four (4) old lawn mowers and auto parts.
Chairman Linebarier announced in Case No. 98-111, Nationsbanc Mortgage Corp., an Order
of Fine and Lien was needed.
Vice Chairman Lenko, seconded by Member Chancey, moved in Case No. 98-111,
Nationsbanc Mortgage Corp., to enter an Order Imposing Fine and Lien of$100 a day, as of
November 11, 1998. Motion carried 7-0.
Case 98-115, Rodolfo Garcia - 1602 Adair Street, Ocoee, FL 34761 Officer Siegrist
Violation Cited: Sec 108-19D; 108-23E2 & Ni; 108-24D; 606.3.4.1; NEC 110-12a; NEC
370-25; NEC 424-19; 108-1213
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 Cert. #Z526-945-076
10/27/98 - Compliance Order - 11/10/98 or $150 a day
11/11/98 Affidavit of Non-Compliance
Observation: Failed to schedule a Minimum Housing Standards re-inspection.
Member Ellison, seconded by Vice Chairman Lenko, moved in Case No. 98-115, Rodolfo
Garcia, to enter an Order Imposing Fine and Lien of$150 a day, as of November 11, 1998.
Motion carried 7-0.
Case 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 10/15/98
10/16/98 - SOV
10/16/98 - NOH - Meeting Date: 10/27/98
10/16/98 - POS - Mail Delivery Cert. #Z526-945-157
10/27/98 - Compliance Order - 11/10/98 or $200 a day
11/12/98 - Affidavit of Non-Compliance
Observation: Dilapidated, rotting rear porch canopy not built to code.
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Code Enforcement Board
November 24, 1998
Member Ellison, seconded by Member Godek, moved in Case No. 98-121, Nationsbanc
Mortgage Corp., to enter an Order Imposing Fine and Lien of$200 a day, as of November 11,
1998. Motion carried 7-0.
Case 94-19, Maria Vela, 4 Sundial Key Drive, Ocoee, FL 34761 Officer Braddy
Violation cited: Chapter 108-35
Compliance Date: February 11,1994
04/20/94 - NOCV - Re-Inspection 05/10/94
05/13/94 - SOV
05/13/94 - NOH - Meeting Date: 09/22/94
05/16/94 - POS - Mail Delivery #P315-759-245
05/24/94 - Order of Continuance
07/18/94 - Notice of Hearing July 26, 1994
07/19/94 - POS - Mail #P864-028-204
07/24/94 - Order of Continuance August 23, 1998
08/10/94 - NOH - August 23, 1994
08/10/94 - Statement of Violations
08/23/94 - Compliance Order August 30, 1994 or $250
08/30/94 - Affidavit of Non-Compliance
09/27/94 - Order Imposing Fine and Lien
09/10/98 - Affidavit of Compliance
09/22/98 - Request for reduction
09/22/98 - Request denied
11/24/98 - Application to Foreclose
Observation: See case file.
Due to the large fine accrued, Chairman Linebarier stated that the City was requesting
Lir permission to foreclose on the property at 4 Sundial Key Drive.
Member Godek, seconded by Vice Chairman Lenko, moved that in Case No. 94-19, Maria
Vela, 4 Sundial Key Drive, to grant the City's motion for foreclosure action. Motion carried
7-0.
In reply to a question from Member Konicek concerning the case history of certain cases,
Supervisor Seaver said members could come to the Building Department and examine the case
histories.
Discussion ensued concerning Ordinance No. 165-3 as to obtaining the interpretation advice
needed, also consideration for revisions to that Ordinance.
COMMENTS
Vice Chairman Lenko, seconded by Member Godek, moved to cancel the regular Code
Enforcement Board meeting in December and have the next meeting January 26, 1999. Motion
carried 6-1 with Member Skiles voting "nay. "
Supervisor Simon - Responded to Member Ellison's comment earlier, concerning minimum
housing requirements and water connections, stating that unless the violations are serious in
nature they are required to turn the water on.
Mayor Vandergrift suggested that the board draft a memo concerning the changes they would
like made to Ordinance 165-3 for City Staff. He also wished everyone Happy Holidays.
Code Enforcement Board
November 24, 1998
Member Holmes - Apologized for being late but enjoyed watching the meeting.
Member Konicek - None.
Member Chancey - None.
Member Godek Wished everyone a Happy Thanksgiving and Merry Christmas and said he
would see everyone next year. He reminded everyone of the Christmas Parade December 5,
1998 at 1:00 p.m.
Member Ellison - Commended the Mayor and City Staff on the attractive Christmas street
decorations.
Vice Chairman Lenko - said, with all the new members, a work session for the board
members to discuss rules and procedures would be a good idea.
Chairman Linebarier wished everyone a Happy Thanksgiving, thanked the substitute clerk
and extended the Board's sympathy to Mrs. Weatherly, the regular clerk, and her family, on
the loss of her grandmother.
ADJOURNMENT
Mr. Linebarier, seconded by Member Skiles, moved to adjourn the meeting at 9:55 p.m.
kir
The next meeting is scheduled for January 26, 1999 at 7:30 p.m., in the Commission
Chambers.
APPROVED:
Attest: ,
Sher ;Seaver, A44, nistrative Supervisor Linebarier, Chairman
at Smith, Clerk Stenographer
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