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HomeMy WebLinkAbout01-28-1997 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON January 28, 1997 CALL TO ORDER Chairperson Carlsson called the regular meeting of the Ocoee Code Enforcement Board to order at 7:34 p.m. in the Commission Chambers of City Hall and led in the pledge of allegiance. Vice Chairperson Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Carlsson, Vice Chairman Linebarier, Members Holmes, Lenko, and Alternate Members Godek and Skiles. Also present were Attorney O'Quinn, Code Enforcement Officers Conyers and Simon, Deputy Clerk Cronnon, and Clerk/Stenographer Lewis. ABSENT: Members Chestney and Shagner (both absences were excused). Clerk Stenographer Lewis introduced Hector Rivera, Clerk Stenographer and Court Reporter from the Office of the City Clerk. APPROVALS This item consisted of the Minutes of the November 26, 1996 Code Enforcement Board meeting. Chairperson Carlsson said that under Approvals, line 3, the vote should read "... 5-1 rather than 6-0." Member Holmes, seconded by Alternate Member Skiles, moved to approve the Minutes of the November 26, 1996 Code Enforcement Board meeting as corrected. Motion carried 6-0. COMMENTS FROM CITIZENS None Vice Chairperson Linebarier said that the Docket sheet in Case No. 96-124, Maria Salcedo, 108 E. Circle Key Drive, reflected a date of December 6, 1996 or $100 a day and the minutes read for a Compliance Order of December 6, 1996 or $200 a day. Deputy Clerk Cronnon said that a correction would be made to the Docket but the Compliance Order had been mailed with the correct figure. Chairperson Carlsson announced the resignation of Member Santos who had been an outstanding member while she served on the Board. He said that they were reluctantly accepting the resignation, and asked that the Clerk write a letter of thanks for her service. The City has been notified about the resignation and the City Commission will appoint someone to the Board. PUBLIC HEARINGS OF NEW CASES PURSUANT TO NOTICES OF HEARING - The following cases as written in these minutes will use abbreviations to describe the violation(s) and the dates of inspection(s) at the beginning of each case. Code representation: NOCV - Notice of Code Violation; NOH - Notice of Hearing; SOV - Statement of Violation(s); and POS - Proof of Service. Code Enforcement Board Meeting fhw January 28, 1997 Vice Chairperson Linebarier, seconded by Alternate Member Skiles, moved that Case No. 96-120, Dr. James Ferdinand, 96-148, Edwin M. & Marsha M. Nelson, and 96-149, Hollis Hutto, be stricken from the agenda as they have been dismissed by the City. Also, that Case No. 96-117, Katherine Burns, and Case No. 96-128, Sonja Green, be continued at the request of the City. Motion carried unanimously. Vice Chairperson Linebarier said that with the consent of the Board and in view of the fact that there was a quorum, he felt that he would like to excuse himself from deliberations in voting this evening because of a possible conflict of interest in his candidacy for the City Commission seat. He then asked the attorney to see if that was acceptable as a reason for excusing himself under the provisions of the law. Attorney O'Quinn said that he thought that it was, and the Board did have a quorum. Chairperson Carlsson wished Mr. Linebarier the best and excused him prior to item IV on the agenda. At the request of Chairperson Carlsson, Code Enforcement Officers Conyers and Simon were sworn in by Deputy Clerk Cronnon. Member Holmes, seconded by Member Lenko, moved to hear Agenda Item V. C., Case No. 96-81, Deborah Higgins at this time during the meeting. Motion carried unanimously. 96-81, DEBORAH J. HIGGINS 9/11/96 NOCV - Re-inspection Date:9/13/96 9/16/96 NOH - Board Meeting Date:9/24/96 9/16/96 SOV 9/16/96 POS - Certified#P882-518-606 9/24/96 Violation Order:10/1/96 or $250 per day 10/22/96 Order Imposing Fine & Lien:$250 per day 11/26/96 Affidavit of Compliance:$6,750. due at this time. Deborah Higgins, the respondent, was sworn in by Deputy Clerk Cronnon. Chairperson Carlsson read a letter from Attorney Daniel Mantzaris requesting a reduction in the current fine and removal of the lien on Ms. Higgins property. He said that the case docket revealed as of 11/26/96 that Ms. Higgins was in compliance but there was $6,750 in fines due at this time. Daniel Mantzaris, P. O. Box 87, Orlando 32802, attorney for Ms. Higgins, said that they did not want to rehear the case as there was no new testimony. Mr. Mantzarin briefed the Board about his experience in representing several cities in code enforcement matters. He addressed the situation as it now existed and what they were going to do about it in the future, specifically the fine of $6,750. He had discussed the violations with Ms. Higgins who clearly understood that there were violations on her property that should have been taken care of sooner than they had been. In his review of the situation, there seemed to be, for whatever reason, some communication problem going on which may have contributed to the delay in coming into compliance. Ms. Higgins was now in compliance on the property. He then expounded upon Ms. Higgins' financial status, and said that Ms. Higgins was working on the property for her and her family to earn some sort of an income. 2 Code Enforcement Board Meeting January 28, 1997 Mr. Mantzarin asked the indulgence of the Board to allow Ms. Higgins to pay (to the Board or the City) a fine of $500, payable within 30 days, in exchange for the release of the entire $6,750 balance that was owed on the fine, and in the event that it was not paid within 30 days, then it could revert back to the full amount. In response to Member Lenko, Attorney O'Quinn said that if the Board was inclined in its discretion to grant the leniency, it would be appropriate to give the respondent a period of five (5) days in which to pay the fine. Code Enforcement Officer Simon said that it was not the position of the City to take people's properties from them. This case had involved a lot of the City time but she believed that the settlement offered would cover the City's expense in this case. Member Hohnes, seconded by Member Lenko, moved in Case No. 96-81, Deborah J. Higgins, to reduce the $6,750 fine to $500 if paid by close of business on February 4, 1997; if fine was not paid by close of business on that date, the fine remains at $6,750. Motion carried 5-0. Chairperson Carlsson said that once the fine had been paid, the respondent could return to the City for removal of the fine/lien. Vice Chairperson Linebarier left the meeting at 7:54 p.m. 96-106, WINIFRED L. & LORA M. WHITEHEAD 08/05/96 NOCV - Re-inspection Date:9/23/96 11/07/96 NOH - Board Meeting Date:11/26/96 11/20/96 SOV 11/20/96 POS - Mail Cert#P882-518-827 Ley 01/21/97 NOCV 01/21/97 NOH - Board Meeting Date:01/28/97 01/21/97 POS - Hand Delivery Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-106 referred to the property located at 698 S. Bluford Avenue. Officer Simon said that on March 12, 1996, a letter had been sent to the respondent concerning a Minimum Standards inspection that had been conducted on their rental property located at the above address, and advising Mr. Whitehead of numerous corrections that needed to be made at the premises. The property owner was given 60 days to make these corrections and to arrange a re-inspection. An NOCV was sent on August 5, 1996, to the owner as identified by the Orange County Tax Records, Winifred L. & Lora M. Whitehead, for violation of Article II Housing Minimum Standards Code 108-21 Minimum Requirements for Electrical Lights and Outlets. Also, 108-23.General requirements for the exterior and interior of structures: "D) Exterior Walls, G) Stairs Porches and Appurtenances, I) Windows, M) Exterior Doors (Weatherstrip), P) Protective Treatment for wood;masonry;to ensure water and airtightness, R)Interior floors, walls, and ceilings." 108-24 Sanitation Requirements "D)Care of premises:weeds;trash." Standard Plumbing Code 1204.1 Protection of Potable Water Supply Backflow: "Install backflow preventors to all exterior hose bibs." Chapter 54 Building, Numbering of 564-3 Display Required. Responsibility for posting;Design Requirements. "Install 3"street address numbers visible from the street." The respondent was given until August 16, 1996 to come into compliance. After no request for re-inspection, an SOV and NOH were sent via restricted delivery to the property owner for the November Board meeting. The property owner contacted Building Official Flippen, requested and received an extension until after the new year. The case had been pulled from the November meeting. To date, the property owner has not ,,� 3 Code Enforcement Board Meeting January 28, 1997 requested an inspection. An SOV and NOH were hand delivered on January 27, 1997 to Lewis Whitehead by Sgt. Seaver, Ocoee Police Department. Discussion ensued about possible lead paint (on the building), electrical conditions, and the lengthy time given to the respondent in which to correct the violations. Member Lenko, seconded by Alternate Member Skiles, moved to find Winifred L. & Lora M. Whitehead, Case No. 96-106 in violation of Article II Housing Minimum Standards Code 108-21 Minimum Requirements for Electrical Lights and Outlets, 108-23, D), G), I), M), P), R), 108-24 Sanitation Requirements D), Standard Plumbing Code 1204.1 Protection of Potable Water Supply Backflow, and Chapter 54 Building, Number of 564.3 Display Required, as of August 16, 1996, and be given until February 4, 1997 to come into compliance or be fined$100 a day thereafter. Motion carried 4-1. Member Holmes voted "nay." 96-109, PREMIER PROPERTIES 11/07/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/18/96 SOV 11/20/96 POS - Certified#P882-518-646 12/02/96 Order of Continuance 12/3/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-696 Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers stated that in the future cases (similar to this one) would be cited with specific codes for violation of the Minimum Housing. Officer Conyers testified that Case (itarNo. 96-109 referred to the property located at 6725 Lumberjack Lane. On August 26, 1996, the above address was inspected for Code Compliance with the Minimum Standards Code as requested by Michael Rowe. On September 3, 1996, a letter was sent notifying Premier Properties of the violations and to arrange a re-inspection within 60 days of the date of the letter. On November 7, 1996, an NOCV was sent to the owner as identified by the Orange County Tax Records, Premier Properties, for violation of "108-12 Minimum Standards Codes (D): "Any violation not corrected in the time and manner specified in the notice pursuant to this section may be referred to the Code Enforcement Board of the City, at its options, may independently or concurrently take such other enforcement action as may be permitted by law, statutes or ordinance." The respondent was given until November 15, 1996 to come into compliance. On November 18, 1996 after no one had called for a re-inspection, it was given to the Clerk to process for Board action. On November 21, 1996, he had spoken to Cheryl Waverite, Premier Properties, who said that she had tried to contact him about an extension but he had never received the messages. Although Ms. Waverite had said that she would call to schedule a re-inspection for November 25 or 26, 1996, no one has called by this meeting date. Member Holmes, seconded by Member Lenko, moved to find Premier Properties, Case No. 96-109, in violation of 108-12 Minimum Standards Code (D) as of November 15, 1996, and be given until February 4, 1996 to correct the violation or be fined $100 a day thereafter. Motion carried unanimously. L4 Code Enforcement Board Meeting January 28, 1997 96-112, DELFINO PUERTA 11/06/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/18/96 SOV 11/20/96 POS - Certified#P882-518-843 12/02/96 Order of Continuance 12/03/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-695 Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-112 referred to the property located at 94 Sand Dollar Key Drive. Officer Conyers said that on July 18, 1996, the above address was inspected for Code Compliance with the Minimum Standards Code, as requested by Myanmar Bande'. On August 1, 1996, a letter was sent informing the respondent of the violations and to call for a re-inspection within 60 days of the date of the letter. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Delfino Puerta, for violation of "108-12 Minimum Standards Codes (D): "Any violation not corrected in the time and manner specified in the notice pursuant to this section may be referred to the Code Enforcement Board of the City, at its options, may independently or concurrently take such other enforcement action as may be permitted by law, statutes or ordinance." The respondent was given until November 13, 1996 to come into compliance and to call for a re-inspection. Officer Conyers explained that he and Peg McDonald of Mothers Helping Mothers had difficulty in reaching each other by telephone. However, Ms. McDonald returned the call and said that she would call on 11/18/96 for a re-inspection. On November 26, 1996, the property remained in non-compliance. The property owner and Ms. McDonald were present at the last Board meeting but the case was not heard due to Non-Proof of Service. He again informed Ms. Puerta and Ms. McDonald about scheduling a re-inspection but no one has called to date. Member Lenko, seconded by Member Holmes, moved to find Delfino Puerta, Case No. 96-112, in violation of 108-12 Minimum Standards Code (D) as of November 13, 1996, and be given until February 4, 1997 to correct the violation or be fined $150 a day thereafter. Motion carried 4-1. Alternate Member Skiles voted "nay." 96-115, GENEVA WALLS 11/06/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/18 /96 SOV 11/20/96 POS - Mail Cert#P882-518-641 12/19/96 POS - Posting Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-115 referred to the property located at 612 N. Lakewood Drive. Officer Conyers said that the property was inspected on July 27, 1996 for Code Compliance with the Minimum Standards Code as requested by Barbara Arregunde. On August 1, 1996, a letter was sent to the respondent about these violations and informing Ms. Walls to call for a re-inspection within 60 days of the date of the letter. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Geneva Walls, for violation of "108-12 Minimum Standards Codes (D): "Any violation not corrected in the time and manner specified in the notice pursuant to this section may be referred to the Code Enforcement Board of the City, at its options, may independently or concurrently take such other enforcement action as may be permitted by law, statutes or ordinance." The respondent was given until November 13, 5 Code Enforcement Board Meeting January 28, 1997 1996 to comply with this Code and to call for a re-inspection. On November 18, 1996, no one had called for a re-inspection and it was given to the Clerk to process for Board action. The case was not heard during the November Board meeting due to Non-Proof of Service. On November 21, 1996, the certified letter was returned to the City. Officer Conyers said that on December 19, 1996, he posted the property and spoke to the tenant's daughter who provided information about where they pay their rent; also, that the property was in foreclosure. Joyce, Herb's Fabrics, returned his call and stated the property was repossessed by Leader Federal and no one should be living in the house. She would look into the situation and call him back. On January 27, 1997, no one has called and people were still living in the house. Another search with the Orange County Tax Records to locate the owner for this address was made and the property owner was still listed as Geneva Walls. He said that he had called Orange County's Foreclosure Department and was informed that they did not have any action on this property. Chairperson Carlsson thanked Officer Conyers for the extensive research of the case. Member Lenko, seconded by Member Holmes, moved to find Geneva Walls, Case No. 96-115, in violation of 108-12 Minimum Standards Code (D) as of November 13, 1996, and be given until February 4, 1997 to correct the violation or be fined $200 a day thereafter. Motion carried 4-1. Alternate Member Skiles expressed concern about the amount of the fine, and voted "nay." 96-119, RANDY LUBIN 11/06/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/18/96 SOV 11/20/96 POS - Mail Cert#P882-518-644 12/02/96 Order of Continuance 12/03/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-693 Chairperson Carlsson said for the record that no one was present to represent the case. He also said that he knew Mr. Lubin and excused himself from voting in this case. Attorney O'Quinn said that it was not necessary that Mr. Carlsson excuse himself from voting on this matter simply because he knew the owner of the property. If Mr. Carlsson had a personal interest in the outcome then that would present a conflict of interest. Chairperson Carlsson said that he might be biased and abstained himself from the vote (filing written notice of such with the Clerk Stenographer). Code Enforcement Officer Conyers testified that Case No. 96- 119 referred to the property located at 624 Olympic Circle. Officer Conyers said that on July 17, 1996 the property was inspected for Code Compliance with the Minimum Standards Code as requested by Pamela LeMasters. On August 1, 1996, a letter was sent to the respondent informing him of the violations and advising Mr. Lubin to call for a re-inspection within 60 days of the date of the letter. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Randy Lubin, for violation of "108-12 Minimum Standards Codes (D): "Any violation not corrected in the time and manner specified in the notice pursuant to this section may be referred to the Code Enforcement Board of the City, at its options, may independently or concurrently take such other enforcement action as may be permitted by law, statutes or ordinance." The respondent was given until November 13, 1996 to come into compliance with this Code and to call for a re-inspection. On November 18, 1996, no one had called for a re-inspection and it was 6 Code Enforcement Board Meeting January 28, 1997 given to the Clerk to process for Board action. On January 22, 1997, a re-inspection of the property revealed that it remained in non-compliance. Officer Conyers said that Ms. Lubin has informed him that she had received nothing about this action against her home until Ms. Cronnon of the Building Department had called to set up an inspection. Officer Conyers said that Ms. Lubin had advised him that she and Mr. Lubin were getting a divorce. He informed Ms. Lubin that she should appear and bring her concerns before the Board at this meeting. Member Lenko, seconded by Alternate Member Skiles, moved to find Randy Lubin, Case No. 96-119, in violation of 108-12 Minimum Standards Code (D) as of November 13, 1996, and be given until February 4, 1997 to come into compliance or be fined $50 a day thereafter. Motion carried 4-0. 96-122, GORDON SCOTT CAMP 11/06/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/19/96 SOV 11/20/96 POS - Mail Cert#P882-518-578 12/02/96 Order of Continuance 12/03/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-669 12/31/96 POS - Hand Delivery:01/28/97 Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-122 referred to the property located at 1601 Jemima Avenue. Officer Conyers said that on August 1, 1996 the property was inspected for Code Compliance with the Minimum Standards Code as requested by Kimberly Fafert. On August 8, 1996, a letter was sent to the respondent informing him of the violations and advising Mr. Camp to call for a re-inspection within 60 days of the date of the letter. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Gordon Scott Camp, for violation of "108-12 Minimum Standards Codes (D): "Any violation not corrected in the time and manner specified in the notice pursuant to this section may be referred to the Code Enforcement Board of the City, at its options, may independently or concurrently take such other enforcement action as may be permitted by law, statutes or ordinance." The respondent was given until November 13, 1996 to come into compliance with this Code and to call for a re-inspection. On November 18, 1996, no one had called for a re-inspection and it was given to the Clerk to process for Board action. Officer Conyers said that he attempted twice on December 19, 1996 to hand deliver a letter to Mr. Camp. No one was at home and a card was left for Mr. Camp to call him. The original letter had been sent to 1601 Jemima Avenue but Mr. Camp lives at 1600 Mona Avenue. He hand delivered a letter on December 19, 1996 to Mr. Camp's wife at 1600 Mona Avenue address and advised her of the Board meeting in January. To date, no one has called for a re-inspection. Member Lenko, seconded by Alternate Member Godek, moved to find Gordon Scott Camp, Case No. 96-122, in violation of 108-12 Minimum Standards Code (D) as of November 13, 1996, and be given until February 4, 1997 to correct the violation or be fined $100 a day thereafter. Motion carried unanimously. 7 Code Enforcement Board Meeting January 28, 1997 96-123, MELBA BROWN 11/06/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/19/96 SOV 11/20/96 POS - Mail Cert#P882-518-579 12/02/96 Order of Continuance 12/03/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-670 12/31/96 POS - Hand Delivery:01/28/97 Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-123 referred to the property located at 404 Mable Street. Officer Conyers said that on August 2, 1996 the property was inspected for Code Compliance with the Minimum Standards Code as requested by Sandra Contl. On August 8, 1996, a letter was sent regarding the violations and advising Ms. Brown to call for a re-inspection within 60 days of the date of the letter. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Melba Brown, for violation of "108-12 Minimum Standards Codes (D): "Any violation not corrected in the time and manner specified in the notice pursuant to this section may be referred to the Code Enforcement Board of the City, at its options, may independently or concurrently take such other enforcement action as may be permitted by law, statutes or ordinance." The respondent was given until November 13, 1996 to come into compliance with the Code and to call for a re-inspection. On November 18, 1996, no one had called for a re-inspection and it was given to the Clerk to process for Board action. On December 31, 1996, Ms. Cronnon hand delivered a certified letter with information about the hearing and an SOV to the owner. Officer Conyers said that he had inspected the house and found it to be in non-compliance. As of January 27, 1997, no one had called to request another re-inspection. Member Holmes, seconded by Member Lenko, moved to find Melba Brown, Case No. 96-123, in violation of 108-12 Minimum Standards Code (D) as of November 13, 1996, and be given until February 4, 1997 to correct the violation or be fined $100 a day thereafter. Motion carried unanimously. 96-144, ELIZABETH PEDRICK 11/06/96 NOCV - Re-inspection Date:11/19/96 11/19/96 NOH - Board Meeting Date:11/26/96 11/19/96 SOV 11/20/96 POS - Mail Cert#P882-518-569 12/02/96 Order of Continuance 12/03/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-674 Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-144 referred to the property located at 41 W. Circle Key Drive. Officer Conyers said that on September 9, 1996, he had observed miscellaneous trash and debris on the porch and around the house, and that the skirting needed repairing or replacing. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Elizabeth Pedrick, for violation of Chapter 115-3 Creation Prohibited: "No person shall allow to be dumped,placed, accumulated or otherwise located on lands or premises owned by such person within the City any nuisance and menace to public health, safety and welfare, etc..." Also, 108-23. General requirements for the exterior and interior of structures: "(B)Skirting." The respondent was given until November 15, 1996 to come into compliance. On November 19, 1996, a re- inspection was conducted and most of the trash had been removed but the skirting had not been repaired or replaced. The property remained in non-compliance. On November 26, 1996, a 8 Code Enforcement Board Meeting January 28, 1997 re-inspection found the property was still in non-compliance. Officer Conyers said that he had contacted Ms. Pedrick on January 27, 1997, concerning the property and Ms. Pedrick informed him that the handy man would do the skirting. Ms. Pedrick was in compliance with the skirting, however, trash was still behind a camper, and a bumper was lying in the yard. He tried several times to contact Ms. Pedrick to let her know that the property was still in non-compliance but the phone was busy. Discussion ensued about the trash and debris. Member Lenko, seconded by Alternate Member Skiles, moved to find Elizabeth Pedrick, Case No. 96-144 in violation of 108-23 (B) Skirting as of November 16, 1996 but in compliance as of January 28, 1997, and that no fine be imposed at this time but in violation of Chapter 115-3, Creation Prohibited, as of November 15, 1996, and be given until February 4, 1997, to come into compliance or be fined $50 a day thereafter. Motion carried unanimously. 96-147, ELIZABETH PEDRICK 11/06/96 NOCV - Re-inspection Date:11/19/96 11/19/96 NOH - Board Meeting Date:11/26/96 11/19/96 SOV 11/20/96 POS - Mail Cert#P882-518-572 12/02/96 Order of Continuance 12/03/96 NOH - Board Meeting Date:01/28/97 12/03/96 POS - Mail Cert#P882-518-675 Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-147 referred to the property located at 42 Shell Key Court. Officer Conyers said that on September 9, 1996, he had observed miscellaneous trash and debris in the yard, windows, coolers, etc., and the skirting needed repairing or replacing. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Elizabeth Pedrick, for violation of Chapter 115-3 Creation Prohibited: "No person shall allow to be dumped,placed, accumulated or otherwise located on lands or premises owned by such person within the City any nuisance and menace to public health, safety and welfare, etc..." Also, 108-23. General requirements for the exterior and interior of structures: "(B)Skirting." The respondent was given until November 15, 1996 to come into compliance. On November 15, 1996 a re- inspection revealed that the trash had been picked up but the skirting had not been repaired or replaced. On November 19, 1996, a re-inspection of the property found the property remained in non-compliance. On November 26, 1996, the property was reinspected and the skirting had not been repaired. It remained in non-compliance. On January 28, 1997, a re-inspection found the property had been brought into compliance. Member Lenko moved to find Elizabeth Pedrick, Case No. 96-147 in violation of Chapter 115-3, Creation Prohibited, and 108-23 (B): Skirting, as of November 15, 1996, and that Ms. Pedrick was found in compliance as of January 28, 1997 and no fines are assessed. Motion died for the lack of a second. Discussion ensued about the different articles and compliance dates, and clarification that Ms. Pedrick owned the land and Ms. Hills owned the trailer. Officer Conyers dismissed, at the request of the City, the Chapter 115-3 violation. Member Lenko, seconded by Member Holmes, moved to find Elizabeth Pedrick, Case No. 96-147 in violation of 108-23 (B): Skirting, as of November 15, 1996 but had corrected the violation as of January 28, 1997, and that no fines be imposed at this time. Motion carried unanimously. 9 Code Enforcement Board Meeting January 28, 1997 96-150, JAMES E. & NANCY M. WIGGINS 11/06/96 NOCV - Re-inspection Date:12/10/96 12/10/96 NOH - Board Meeting Date:01/28/97 12/10/96 SOV 12/10/96 POS - Certified#P882-518-690 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-150 referred to the property located at 76 Siesta Key. Officer Conyers said that on November 9, 1996, he had observed miscellaneous trash and debris, including a refrigerator and chair in the yard, overgrown grass, and two (2) cream colored vehicles with no tags and grass growing up around them. On November 6, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, James E. & Nancy M. Wiggins, for violation of Chapter 115-3: Creation Prohibited: "No person shall allow to be dumped,placed, accumulated or otherwise located on lands or premises owned by such person within the city any nuisance and menace to public health, safety and welfare, etc " Also, Chapter 165-3 Prohibited acts (a): "No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee." The property owner was given until November 22, 1996 to come into compliance. A re-inspection on November 25, 1996 was conducted and found that one vehicle was gone and the grass had been mowed. The refrigerator was still there and the other cream colored vehicle was backed in and he could not tell whether it had a current tag or not, one tire appeared to be flat. A re-inspection on November 26, 1996 found the property remained in non-compliance. On December 10, 1996, the property was reinspected and it remained in non-compliance. A re-inspection on January 28, 1997 revealed (.„ that the property had been brought into compliance. Member Lenko, seconded by Member Holmes, moved to find James E. & Nancy M. Wiggins, Case No. 96-150, in violation of Chapter 115-3, and Chapter 165-3 (A) as of November 22, 1996, but the violation was corrected as of January 28, 1997 and that no fine be assessed at this time. Motion carried unanimously. RECESS - 9:11 P.M. - 9:22 P.M. OTHER BUSINESS 95-28, DEAN HARPER INC. - 118 Sandy Key Court 3/15/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-478 Restricted Delivery 96-11, DEAN HARPER INC. - 118 Sandy Key Court 2/14/96 NOCV - Re-inspection Date:1/26/96 2/19/96 Repeat Violator 2/19/96 NOH - Board Meeting Date:2/27/96 2/20/96 POS - Mail Cert#P882-518-632 2/27/96 Order of Continuance- 3/26/96 3/9/96 NOH 3/22/96 POS - Hand Delivery 3/26/96 Order Imposing Fine & Lien- $17,500 The information below pertains to Case Nos. 95-28 and 96-11, Dean Harper Inc. Chairperson Carlsson said for the record that there was no one present to represent the case. Code Enforcement Officer Simon said that pursuant to Code of Ordinances, Chapter 7, §7-8.F. Powers of the Board states that the Board can authorize the City Attorney to foreclose on a lien after three (3) months from the filing of the lien have elapsed and the lien remains unpaid. Officer Simon respectfully requested that the Board give authorization in the case of Dean Harper Inc., original Case No. 95-28, and the second Case No. 96-11, deeming him a repeat offender. The violation was for Chapter 119-2, engaging in a business without a license. Mr. 10 Code Enforcement Board Meeting January 28, 1997 Harper was found in violation by this Board in both cases and a lien with regard to those findings was filed on April 2, 1996. The lien, $17,000 remains unpaid. The City was asking the Board for approval to authorize foreclosure on the lien. Member Lenko, seconded by Alternate Member Skiles, moved in Case No. 96-11, Dean Harper Inc., to foreclose on the lien. Motion carried 5-0. 96-90, JEFFREY A. & MARGARET BRATCHER - 1213 Russell Drive 09/06/96 NOCV - Re-inspection Date:9/27/96 10/10/96 NOH - Board Meeting Date:10/22/96 10/10/96 SOV 10/11/96 POS - Certified#P150-535-638 10/22/96 Order of Continuance 10/25/96 NOH - Board Meeting Date:11/26/96 10/25/96 Notice of Posting 12/02/96 Compliance Order:12/06/96 or $100 per day Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers stated that on January 28, 1997, he had called the Foreclosure Department (of Orange County) and was informed that this property was foreclosed on January 8, 1997, and was set to be sold on February 7, 1997. In response to Chairperson Carlsson, Attorney O'Quinn said that the sale may not occur, for whatever reason, and advised the Board to proceed with issuance of the Order Imposing Fine and Lien. He wanted the Board to also understand that if the property was sold that the liens would be cleared as of that date, and the City would not be able to (gain compensation). Member Lenko, seconded by Alternate Member Skiles, moved to Issue an Order Imposing Fine and Lien in Case No. 96-90, Jeffrey A. & Margaret Bratcher, effective December 7, 1996. Motion carried unanimously. 96-121, ALICIA ROCNA - 110 Coquina Key Drive 11/06/96 NOCV - Re-inspection Date:11/18/96 11/18/96 NOH - Board Meeting Date:11/26/96 11/18/96 SOV 11/20/96 POS - Certified#P882-518-577 12/02//96 Compliance Order:12/06/96 or $250 per day Chairperson Carlsson said for the record that no one was present to represent the case. Member Holmes, seconded by Member Lenko, moved to Issue an Order Imposing Fine and Lien in Case No. 96-121, Alicia Rocna, at $250 per day effective December 7, 1996. Motion carried 5-0. 96-124, MARIA SALCEDO - 31 Harbor Key Court 11/06/96 NOCV - Re-inspection Date:11/18/96 11/19/96 NOH - Board Meeting Date:11/26/96 11/19/96 SOV 11/20/96 POS - Mail Cert#P882-518-580 12/02/96 Compliance Order:12/06/96 or $100 per day Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers said that the site that was inspected was 31 Harbor Key Court and that it was not 110 Coquina. In response to Chairperson Carlsson, Attorney O'Quinn said if the address and the Compliance Order does not reflect the address in which the violation exists, then we need to repair and present this Compliance Order. Member Holmes, seconded by Member Lenko, moved to table Case No. 96-124, Maria Salcedo, to the next Board meeting. Code Enforcement Officer Simon said for the record that all of the original notices and Minimum Housing Inspection, were done at 31 Harbor Key Court, Notice of Code Violation was sent to 31 Harbor Key Court, being the location of violation. The Statement of Violation (60, was Notice of Hearing to the November Board meeting for the location of violation was also 11 Code Enforcement Board Meeting Lir January 28, 1997 listed as 31 Harbor Key Court. The Board heard the case of 31 Harbor Key Court on November 26, 1996. Officer Simon said that an erroneous address was typed in the Compliance Order. Member Lenko withdrew the second to the motion, and Member Hohnes withdrew the motion. Attorney O'Quinn said that the testimony that he had heard was that proper notice was given throughout the process, and that this Board in its final official action identified the property at which the violation exists correctly. That being the case, the Board could go ahead and impose the fine and lien, and move forward with the Clerk to ministerially correct (and reissue) the incorrect address appearing on the Compliance Order in the Board's packet tonight. Chairperson Carlsson said for the record that the City stated that on the Compliance Order, paragraph two (2) such violations exist at the following described property, the address should be corrected to 110 Coquina Key Drive to 31 Harbor Key Court, Ocoee, Florida. Member Lenko, seconded by Alternate Member Skiles, moved to Issue an Order Imposing Fine and Lien in Case No. 96-124, Maria Salcedo, effective December 7, 1996. Motion carried 4-1. Member Holmes voted "nay." 96-145, ELIZABETH A. CASSIDY 11/06/96 NOCV - Re-inspection Date:11/19/96 11/19/96 NOH - Board Meeting Date:11/26/96 11/19/96 SOV 11/20/96 POS - Mail Cert#P882-518-570 Chairperson Carlsson said for the record that no one was present to represent the case. Alternate Member Skiles, seconded by Member Lenko, moved to Issue an Order Imposing Fine and Lien in Case No. 96-145, Elizabeth A. Cassidy, effective December 7, 1996. Motion �r carried 5-0. CHAIRPERSON CARLSSON SAID THAT ADDITIONAL PAPERS WERE INCLUDED IN THE PACKET TO UPDATE THE BOARD ON PARTICULAR CASES. COMMENTS City Manager: Absent Code Enforcement Officer Simon said that the Officers had new shirts and jackets, and announced that Thea Cronnon was replacing Jeff Dyer as the new Code Enforcement Officer. Mr. Dyer had returned to the Police Department. Code Enforcement Officer Conyers: None Police Department: None Deputy Clerk Cronnon: None BOARD MEMBERS Member Holmes wished Mr. Linebarier good luck in the upcoming City election. Member Lenko said that if the Board ran into problems where people had showed up for the meeting (at the wrong place due to the Political Forum at the Community Center), they could let the City know and arrange to come back before the Board. In response to Member Lenko, Deputy Clerk Cronnon said that they were still working on the forms. Officer Simon explained that they were also working on a training manual. Member Lenko asked that a correction be made on the Statement of Violations, second paragraph, the first reads "$250 a �r day" while the bottom reads "$500 a day." 12 Code Enforcement Board Meeting January 28, 1997 Attorney O'Ouinn commended and thanked the Board for doing a good job tonight. Chairperson Carlsson said that it had been good to have Mr. O'Quinn back with them. Alternate Member Godek: None Alternate Member Skiles wished Member Linebarier the best of luck in his upcoming election. ADJOURNMENT At 9:45 p.m., the meeting was adjourned. APPROVED: Attest: 6ZAJC-1--tet- ("06utCaf., &.Z Athena Cronnon, Deputy Clerk .11 Carlsson, Chairman ie Lewis, Cler tenographer ttiow a:\wp60\CE012897.M\N4\jfl L 13 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE th_i_hvg6.42./e-oz_ ,,,v N- acogg C'o..DE e /+ri2ei',lf 't 2") ',FAILING ADDRESS THE BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON /� /J, WHICH I SERVE IS A UNIT OF: /3 / o d J/E �� CITI' . COUNTY OTHER LOCAL AGENCY CITY COUNTY DOE ,` • NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VnrEOCCURRED -Z n-A/v gy 2k /7 MY POSH ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. • t INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ,,,riu should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (I I OR\I xB I(1-86 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minute.viii) of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, , hereby disclose that on , 19 • (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: &eC' tib 4A/.0/..0 4- 6/ TY drAf.ti/..c S .�.e, f- / //AJ 46/s-- 4/S Wave-,41 .9 d,( 1C,/C a / 7 %/:- 0/L)-1.-d/ d , Date Filed ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE! DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B- 10-86 PAGE 2 /-2c? 97 96 - 11 � "8 �/ � ,.� „f r "Pk--J ¢-dveli -1--) e_ 4c,44.- a 4 e at5ve "1-44 <zit j Mir 11 .4.-0 J -f e G�ll�rt�r� n 4,0 r Vc.; "L__ / - z/lam,