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HomeMy WebLinkAbout03-25-1997 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON March 25, 1997 CALL TO ORDER Chairperson 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 Chairperson Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Chairperson Carlsson, Vice Chairperson Linebarier, Members Holmes, Shagner, Skiles, and Alternate Member Godek. Also present were City Commissioner Parker, Attorney O'Quinn, Code Enforcement Officers Conyers and Simon, Executive Secretary Seaver, and Clerk/Stenographer Lewis. ABSENT: Members Chestney and Lenko (both absences were excused). APPROVALS This item consisted of the Minutes of the February 25, 1997 Code Enforcement Board meeting. Chairperson Carlsson said that the motion at the bottom of page 1 should read Member Shagner rather than Vice Chairperson Linebarier. Member Holmes said that he believed that in Case No. 97-008 on page 3 should read "... c/o ..." rather than "... % ..." Member Shagner, seconded by Member Skiles, moved to approve the Minutes of the February 25, 1997 Code Enforcement Board meeting as corrected. Motion carried 5-0. As he had been absent for the meeting, Vice Chairperson Linebarier abstained from voting. COMMENTS FROM CITIZENS None 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. Vice Chairperson Linebarier, seconded by Member Shagner, moved that Case No. 96-117, Katherine Burns, 96-128, Sonja Green, 97-015, Marion A. Bennett, and 97-017, Marsha G. Peacock, be continued to the next meeting at the request of the City, and that Case No. 97-018, Wendell Meeks, be stricken from the agenda as it had been dismissed by the City. Motion carried 6-0. At the request of Chairperson Carlsson, Code Enforcement Officers Conyers and Simon were sworn in by Executive Secretary Seaver. L Code Enforcement Board Meeting March 25, 1997 97-002, BETTY PEDRICK - 104 Mobile Lane 01/10/97 NOCV - Re-inspection Date:01/28/97 02/06/97 NOH - Board Meeting Date:02/25/97 02/06/97 SOV 02/06/97 POS - Mail Cert#P150-529-095 02/25/97 Order of Continuance 03/18/97 NOH - Board Meeting Date:03/25/97 03/18/97 POS - Hand Delivery Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that on December 4, 1996, he had observed missing skirting, missing 3" numbers for the address, and miscellaneous trash and debris in the yard. A Community Information Notice had been left on the door advising the resident about the violations. A re-inspection on December 12, 1996, found that the property remained in non- compliance. On January 10, 1997, an NOCV was sent to the property owner as identified by Orange County Tax Records, Betty Pedrick, for violation of 108-23. General requirements for the exterior and interior of structures: (C) Replacement Skirting. Also, 54-3 display required; responsibility for postinjt;design requirements: "All buildings shall have the assigned building number properly displayed, whether or not mail is delivered to the building. The posting of the building number shall be the responsibility of both the owner and the occupant of the building"; Also, 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..." The respondent was given until January 24, 1997 to come into compliance. On January 28, 1997, a re-inspection revealed that trash was piled along the rear of the trailer, the skirting was not attached properly, and the numbers were not 3". The case file was given to the Clerk to process for Board action. On February 19, 24, and 25, 1997, the property was reinspected and it remained in non-compliance. The case, due to Non-Proof of Service, was not heard at the February Board meeting. On February 28, 1997, Officer Conyers said that he met the tenant, Gertrudis Hernandez, at the property which remained in non-compliance. Ms. Hernandez was informed about what was needed to correct the violations by March 7, 1997. On March 10, 1997, the trash was gone but the skirting had gaps and was off the ground. It remained in non-compliance. A door hanger notice had been left at the property. On March 18, 1997, the trash was back and the skirting was still in non-compliance. On this date, Officer Conyers said that he hand delivered the letter to Ms. Pedrick and informed her of the Board meeting date. A re-inspection on March 25, 1997, revealed that the skirting was being put up, and the trash had been removed. The respondent had corrected the Chapter 115-3 and 54-3 violations. Member Shagner moved to find Betty Pedrick, Case No. 97-002, 104 Mobile Lane, in violation of 108-23, 54-3, Chapter 115-3, as of January 24, 1997 but in compliance of 115-3, and 54-3, and in non-compliance of 108-23 as of March 25, 1997, and be given until March 27, 1997, to correct the violations or be fined $100 a day. Motion dies for the lack of a second. Attorney O'Quinn said in order to protect the City's right to find a repeat violation that it would be appropriate to make two separate motions. Member Holmes, seconded by Member Skiles, moved to find Betty Pedrick, Case No. 97-002, in violation of 54-3 and 115-3, as of January 24, 1997, but in compliance as of February 24, 1997, and no fine be assessed at this time. Motion carried 6-0. 2 Code Enforcement Board Meeting March 25, 1997 Member Holmes, seconded by Member Shagner, moved to find Betty Pedrick, Case No. 97- 002, in violation of 108-23 as of January 24, 1997, and be given until March 28, 1997 to correct the violation or be fined $100 a day thereafter. Motion carried 6-0. 97-016, BASE OPERATIONS MANAGEMENT SERVICES - 325 Lee Street 02/18/97 NOCV - Re-inspection Date:02/24/97 03/10/97 NOH - Board Meeting Date:03/25/97 03/10/97 SOV 03/10/97 POS Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that on January 30, 1997, he had observed an excessive growth of grass and/or weeds, and an inoperable, untagged, vehicle at the property. The resident was given a Community Information Notice and five (5) days to correct the violation. The resident had informed him that with six (6) children she could not afford a lawn service, and that the key was lost to the vehicle but the tag was in the trunk. A white male had said that he would mow the grass. Officer Conyers gave the respondent until February 4, 1997 to correct the violations. A re-inspection on February 5, 1997, found the grass had not been mowed but the vehicle had a tag. On February 18, 1997, an NOCV was sent to the property owner as identified by Orange County Tax Records, Base Operations Management Services, for violation of Chapter 115-5 Excessive weed or crass growth: "No person shall allow or permit excessive growth of weeds, grass, undergrowth or other dead or living life (collectively referred to herein as "weed or grass growth") on property owned, rented, leased or controlled by such person, etc..." The respondent was given until February 24, 1997 to come into compliance. On February 24, and March 4, 1997, a re- inspection revealed that the property remained in non-compliance. Officer Conyers stated those attempts to contact Mr. Griffin resulted in no answer. The case file was given to the Clerk to process for SOV. On March 24, 1997, while conducting a Minimum Standards Inspection at this home, he observed that the grass had been mowed. The property was now in compliance. In response to Chairperson Carlsson, Officer Conyers said the City had received Proof of Service. Vice Chairperson Linebarier, seconded by Member Skiles, moved to find Base Operations Management Services, Case No. 97-016, in violation of Chapter 115-5, Excessive weeds, as of February 4, 1997, and in compliance as of March 25, 1997, and that no fine be assessed. Discussion ensued about the date given to correct the violation. The vote was taken at this time during the meeting. Motion carried 6-0. 97-019, CAROLYN MITCHELL - 322 Maguire Road 02/11/97 NOCV - Re-inspection Date:03/12/97 03/13/97 NOH - Board Meeting Date:03/25/97 03/13/97 SOV 03/14/97 POS Jim Mitchell, 3131 N. Powers Drive, Orlando 32818-3182, was sworn in by Executive Secretary Seaver. Code Enforcement Officer Simon testified that in November 1996, she had spoken with several employees of Florida Landscaping Management who was parking their vehicles in the grass and retention area located west of the building, and established that Florida Landscaping Management was operating at the address. The area they were using for parking was not a part of the improved parking area for the businesses located at the warehouses on Maguire Road. Complaints of the parking had generated the inspection on the property. Further 3 %r Code Enforcement Board Meeting March 25, 1997 research revealed that there was no occupational license issued by the City to the business of Florida Landscaping Management at that location. The company had a license for 1995-96 with the City but it had been for a different location, and they had not renewed their license upon moving. The previous license had expired in October 1996. After several telephone conversations with Steve Penny, the owner of the company, Mr. Penny filed an application for the license. An appointment was made to do the inspection for licensing. Officer Simon said that the inspection was canceled as the parking area needed improvement, needing more parking than he had spaces. Officer Simon said that in December 1996, she had referred Jim Mitchell to Julian Harper, Zoning Coordinator as there was several zoning issues that must be addressed. Officer Simon gave lengthy testimony in this case. On February 11, 1997, an NOCV was sent to the property owner as identified by Orange County Tax Records, Carolyn Mitchell, for violation of Chapter 119-2: "It shall be unlawful for any person to engage in any business, occupation or profession within the City without a license issued hereunder."The respondent was given until February 14, 1997 to come into compliance. On February 14, 1997, the date Florida Landscaping was given to comply, Mr. Penny inquired about how he could comply with the violation of not having a license, and to get his license. He volunteered several options which included parking his business vehicles off the site somewhere else, and not on Maguire Road, until the situation could be rectified or he could pursue moving to another location. She had advised Mr. Penny that she would research some of his questions and options which he was offering to resolve the problem with Mr. Flippen, Building Official. Mr. Harper called Mr. Mitchell back in the afternoon on Caw March 21, 1997, and advised him of what was needed in order to improve the zoning. No license, as of March 25, 1997, had been issued for this business on the location. The business vehicles are still being parked at the location after hours as recent as March 20, 1997. The City had decided to issue Mr. Penny a license knowing that he had a parking issue that must be resolved or he is subject to being cited. Officer Simon said that a letter (to Mr. Penny) had been included in the meeting packet. Discussion ensued about the occupational license, whether there would be a late fee for the license, and the necessary amount of time needed to resolve the parking problems in order to get the license. Jim Mitchell, 15717 Oakland Avenue, Oakland 34760, stated for the record that he was speaking on the behalf of and with permission from his wife, Carolyn, who was the respondent in this case. Mr. Mitchell explained that he was in the process of getting an Across/Access Agreement from Mr. Magus but the City had informed him that it was unacceptable that it must be legally done. He requested a 30 day extension (to resolve the parking problem rather than the license). Member Skiles moved to find Carolyn Mitchell, Case No. 97-019, in violation of Chapter 119-2, as of February 14, 1997, and give her until March 28, 1997 to obtain a business license or be fined $50 a day. Discussion ensued about the length of time to come into compliance. Member Skiles withdrew the motion. 4 Code Enforcement Board Meeting Lie March 25, 1997 Vice Chairperson Linebarier, seconded by Member Skiles, moved to find Carolyn Mitchell, Case No. 97-019, in violation of Chapter 119-2, as of February 14, 1997, and be given until March 31, 1997, to obtain the license or forfeit $50 a day thereafter. Motion carried 6-0. 97-020, FLORIDA LANDSCAPING MANAGEMENT - 322 Maguire Road 02/11/97 NOCV - Re-inspection Date:03/12/97 03/13/97 NOH - Board Meeting Date:03/25/97 03/13/97 SOV 03/14/97 POS Code Enforcement Officer Simon testified that the history was the same as in Case No. 97- 109. Vice Chairperson Linebarier, seconded by Member Skiles, moved that the testimony from the Code Enforcement Officer in Case No. 97-019, Carolyn Mitchell, be accepted for Case No. 97-020, Florida Landscaping Management. Motion carried unanimously. Steve Penny, 14112 Summerset Court, Clermont 34711, was sworn in by Executive Secretary Seaver, and said that he was hoping that the parking situation could be resolved. He said that he was not negligent in attempting to pay his fees, and that he understood what was needed to come into compliance. Vice Chairperson Linebarier, seconded by Member Shagner, moved that Florida Landscaping Management, Case No. 97-020, is found in violation of Chapter 119-2, as of February 14, 1997, and be given until March 31, 1997, to obtain the license or forfeit $50 a day thereafter. Motion carried unanimously. 97-021, AGNES V CLARK TRUST/LAWRENCE E. SANDERS TRUSTEE-60 Periwinkle Key Drive 02/17/97 NOCV - Re-inspection Date:03/12/97 03/14/97 NOH - Board Meeting Date:03/25/97 03/14/97 SOV 03/14/97 POS - Mail Cert#P882-518-710 Code Enforcement Officer Simon testified that on May 8, 1996, a Minimum Housing Inspection was conducted by Building Official Flippen on the property, and several violations were noted. She said that Teresa Braddy had sent Mr. Sanders a letter advising him of the violations. He was given 60 days to come into compliance. Mr. Sanders called at the end of 1996 and advised that he would call again. On February 17, 1997, after hearing no further word, an NOCV was sent to the property owner as identified by Orange County Tax Records, Agnes V Clark Trust/Lawrence E. Sanders Trustee, for violation of Chapter 54-3 Display required; responsibility for posting; design requirements: (A) "Building Numbers. 1) Residential buildings." 108-12 Procedure where violation is discovered (D) "Any violation not corrected in the time ..." 108-19. Minimum standards for basic equipment and facilities. (A) "Sanitary Facilities" § 108-23. General requirements for the exterior and interior of structures. (B) "Skirting." (D) "Exterior walls." (F) "Means of egress." (I) "Windows." (0) "Screens."(Q) "Accessory structures." §108-24. Sanitation requirements. (D) "Care of premises." (F) "Use and operation of supplied plumbing fixtures. " Officer Simon said that the Building Official had observed the following needs: install steps at the rear door, install skirting around the entire mobile home, remove/demolish utility building from a rear yard, remove all trash and debris from the yard, mow the yard, and to repair all metal siding that has open joints. Siding must 5 (600 Code Enforcement Board Meeting March 25, 1997 be in good repair and capable of keeping rain and moisture from interior walls. The respondent must repair all windows to operating condition, repair or install all missing or torn window screens, post the address on the front of the mobile home with a minimum of 3" letters of a contrasting color of weather resistant material, and to repair the water service line at a front hose bib. The respondent was given until February 27, 1997 to come into compliance. On March 12, 1997, a re-inspection revealed that the property remained in non-compliance. Officer Conyers testified that the shed had been removed, the skirting has been installed, and the yard has been mowed. In response to Chairperson Carlsson, Officer Simon said that the violation of 108-12 (D) was for not having a re-inspection by the required time stated in the letter, and 108-19 referred to Mr. Flippen's comments to repair the water service line at the front hose bib. Also, Chairperson Carlsson commended staff for highlighting the violations on the SOV. Lawrence E. Sanders, 422 N. Woodland Street, Winter Garden 34787, was sworn in by Executive Secretary Seaver, and stated that he had been told that the property must be reinspected after going to the City for water turn on. Some kids in the neighborhood had torn up the trailer and knocked down the shed. Upon receiving the notice, he had the shed removed and skirted the trailer. He explained that he and Officer Simon had left messages for each other, and the time had gone by fast. He had not retired as planned which would have enabled him to work on the trailer. Chairperson Carlsson inquired of Mr. Sanders about the status of each violation. In response to Chairperson Carlsson, Mr. Sanders said that five (5) days was the shortest period of time that he could have the violations corrected and ready for a re-inspection. Member Hohnes, seconded by Member Shagner, moved to find Agnes V Clark Trust/Lawrence E. Sanders Trustee, Case No. 97-021, in violation of Chapter 54-3 (A)(1), 108-12 (D), 108-19 (A), 108-23 (B), (D), (F), (I), (0), (Q), 108-24 (D), (F), on February 27, 1997, and be given until April 1, 1997 or be fined $100 a day thereafter. Motion carried 6-0. 97-022, OCOEE FOOD MART - 700 S. Bluford Avenue 03/12/97 NOCV - Re-inspection Date:03/14/97 03/18/97 NOH - Board Meeting Date:03/25/97 03/18/97 SOV 03/18/97 POS - Hand Delivery Code Enforcement Officer Simon testified that on March 5, 1997, she had received a complaint from Building Official Flippen about the dumping of grease and other possible substances that were being discharged and dumped into the ditch area next to the business. Also, that the dumping was being conducted by the business (owner). Upon contact with the Department of Agriculture Consumer Services in regards to the complaints, an inspection was made on March 6, 1997. The inspection revealed a strong smell of grease and other substances such as fluids and fetid water being dumped into the ground area leading to the ditch. She had also observed a very dark area running from the top of the ditch down into the water. The dirt itself, tiiry 6 Code Enforcement Board Meeting March 25, 1997 by feel, had been very greasy. She had also observed the sewer clean out behind the business was not properly capped and had obvious obstructions in it. There were also signs of brown grease. As a result of the inspection on the interior building, the Department of Agriculture Consumer Services advised that the mop sink was not draining properly. Officer Simon said that she had spoken with the owner at this time about the grease that was on the side of the building. There was a tank to discharge and hold grease until it could be appropriately taken from the property. He had advised her that it had been cleaned out the day before, and when she had looked into the tank, it had been empty. The owner had informed her that an employee had dumped it because the tank had been full. The tank had since been cleaned, and there would be no further problem about dumping in the ditch. A Community Information Notice had been left with the owner and he was given until March 7, 1997, in which to clean the ditch area. Also, a plumber was needed to fix the problem with the sewer clean out and the drainage problems with his interior plumbing. As this was a commercial building, the plumber would also be required to pull a permit, and to also have an inspection by the Municipal Plumbing Inspector. On March 10, 1997, a re-inspection of the property revealed that the sewer had been capped. She could not verify whether the obstructions had been properly cleaned or whether the waste lines were cleaned in the building and were now draining properly. On March 12, 1997, an NOCV was sent to the property owner as identified by Orange County Tax Records, Ocoee Food Mart, for violation of Chapter 143-6; "No person shall allow discharge on any street or alley or on his own or the premises of another any foul or fetid water or fluid substance or throw thereon any decaying fibe flesh or vegetable or other offensive or noisome matter." Also, Chapter 108-33: Minimum requirements for Commercial, Business and Industrial Structures (7); "Every lavatory and water closet shall be in good working condition and properly connected to an approved water and sewer system, unless otherwise provided by the Ocoee City Code. Every plumbing fixture and water pipe shall be properly installed and maintained in good sanitary working condition,free from defects, leaks and obstructions." The respondent was given until March 14, 1997 to come into compliance. Vice Chairperson Linebarier left the meeting at 8:46 p.m. Mayor Vandergrift arrived to the meeting at 8:48 p.m. Officer Simon said that on March 18, 1997, Code Enforcement Officer Cronnon had hand delivered an SOV and NOH for this Board meeting. To date, the business (owner) had made no contact with her. She had also reported the complaint to the Orange County Environmental Protection Agency because the ditch ran into other waterways. A re-inspection of March 25, 1997, revealed that the ground around the area was dry. A smell of grease still existed but the dirt where the grease had been dropped appeared to either have dried up or been covered up. The ditch had not been cleaned and "stuff" was being dumped in it. Again, there was no permit or any verification on whether the waste line and sewer line were properly cleaned and repaired. Vice Chairperson Linebarier returned to the meeting at 8:50 p.m. 7 Code Enforcement Board Meeting March 25, 1997 In response to Chairperson Carlsson, Officer Simon clarified that the grease discharge was being physically dumped from the cooking fryers, and that she believed that the ditch lead into Lake Bennett. Also in response to Chairperson Carlsson, Officer Simon said that RMN Inc. was the owner of the property. Ocoee Food Mart leases the building and was the owner of the business. Mac Patel, 1884 White Avenue, Orlando 32806, was sworn in by Executive Secretary Seaver, and said it had been inspected by Officer Simon and the Health Department. He explained that an employee had not known what to do and had just thrown it outside by the side of the building. He had told the employee that he could not dump it by the side of the building, that he already had the barrel outside. The employee said that it had been a mistake and cleared it all out the next day. Mr. Patel said that he could correct the violations by April 1, 1997. As a former Federal Policing Investigator for the government, Chairperson Carlsson emphasized to the respondent that what he had done was a very serious offense as it would eventually go into a waterway. Mr. Carlsson cautioned the respondent about not doing it again as he could be cited under Federal Law. As Vice Chairperson Linebarier had left the meeting during testimony in this case, Attorney O'Quinn encouraged him to abstain from voting in this particular issue. Member Holmes, seconded by Member Shagner, moved to find Ocoee Food Mart, Case No. 97-022, in violation of Chapter 108-33 as of March 14, 1997, and be given until April 1, 1997, to correct the violation or be fined $100 a day thereafter. Motion carried 5-0. Vice Chairperson Linebarier abstained from voting. Member Holmes, seconded by Member Skiles, moved to find Ocoee Food Mart, Case No. 97- 022, in violation of Chapter 143-6 as of March 14, 1997 but in compliance as of March 25, 1997, and that no fine be assessed. Motion carried 5-0. Vice Chairperson Linebarier abstained from voting. 97-023, RMN INC. - 700 S. Bluford Avenue 03/12/97 NOCV - Re-inspection Date:3/14/97 03/18/97 NOH - Board Meeting Date:3/25/97 03/18/97 SOV 03/18/97 POS - Mail Cert #P882-518-703 Code Enforcement Officer Simon testified that RMN Inc., Case No. 97-023, was the property owner at 700 South Bluford Avenue, and said that the testimony was the same as Case No. 97- 022. Member Shagner, seconded by Member Holmes, moved to accept the testimony from Case No. 97-022, Ocoee Food Mart, and to be the same in Case No. 97-023, RMN Inc. Motion carried 5-0. Vice Chairperson Linebarier abstained from voting. Nagin Patel, 4767 Dunburker Drive, Orlando 32817, was sworn in by Executive Secretary Seaver, and said that they were not aware of the situation until they had received something in tirmv 8 Code Enforcement Board Meeting March 25, 1997 the mail. He said that they would do whatever was necessary that they would pay all the fines on behalf of the tenant (Ocoee Food Mart tenant), and that they will charge him. In response to Chairperson Carlsson's inquiry that the violations would be corrected by April 1, Mr. Patel said that he would make sure that the City was satisfied. Chairperson Carlsson also informed Mr. Patel that the obligation was upon him to call the City for a re-inspection. Member Holmes, seconded by Member Shagner, moved to find RMN INC., Case No. 97-022, in violation of Chapter 143-6 as of March 14, 1997 but in compliance as March 25, 1997, and that no fines are assessed. Motion carried 5-0. Vice Chairperson Linebarier abstained from voting. Member Holmes, seconded by Member Shagner, moved to find RMN INC., Case No. 97-022, in violation of 108-23 as of March 14, 1997, and give them until April 1, 1997, to correct the violation or be fined $100 a day thereafter. Motion carried 5-0. Vice Chairperson Linebarer abstained from voting. Chairperson Carlsson welcomed to the meeting Commissioner Parker who said that she was at the meeting to observe what they do, and to learn a little bit more about code enforcement. She assured them that she would attend more (meetings) in the future, and thanked the Board and staff for the hard work that they were doing. Commissioner Parker left the meeting at 9:06 p.m. OTHER BUSINESS 97-003, HERNANDEZ, GERTRUDIS - 104 Mobile Lane 01/10/97 NOCV - Re-inspection Date:01/28/97 02/06/97 NOH - Board Meeting Date:02/25/97 02/06/97 SOV 02/06/97 POS - Mail Cert#P150-529-096 02/25/97 Compliance Order:3/7/97 or $50 a day 03/10/97 Affidavit of Non-Compliance Chairperson Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that the respondent was the tenant in Case No. 97-002. The property had come into compliance with the exception of the skirting. He said that Ms. Hernandez was the owner of the mobile home, and Ms. Pedrick owned the property. Discussion ensued about whether to issue a fine and lien or in giving the owner of the property in this case until March 28, 1997 to come into compliance. Vice Chairperson Linebarier, seconded by Member Skiles, moved to continue Case No. 97-003, Gertrudis Hernandez, until the April meeting, pending compliance of Case No. 97-002. Motion carried unanimously. 96-45, MAURICIA FABIAN DEMERAN & ANA HERNANDEZ FABIAN- 1006 Sal Street 02/10/96 NOCV - Re-inspection Date:4/15/96 04/17/96 NOH - Board Meeting Date:4/23/96 ( See kerir a,#o. Led. 04/17/96 SOV 04/17/96 POS - Mail Cert #P150-535-562 '445'thsst. yn,nutas - 04/23/96 Order of Continuance: 5/28/96 05/6/96 NOH - No Proof of Service Re: Casa WO. 44.45) 05/28/96 Order of Continuance: 6/25/96 meeting 06/12/96 NOH - POS - Posting 06/25/96 Compliance Order:7/1/96 or $50 per 08/27/96 Order Imposing Fine and Lien day thereafter 06/25/96 Compliance Order:7/1/96 or $50 per day 9 Code Enforcement Board Meeting March 25, 1997 02/25/86 Request for Re-hearing:Cont'd to 3/25/97 03/25/97 Request for Re-hearing Attorney O'Quinn explained that the Board had tabled the decision to rehear Case No. 96-45 to this meeting pending his confirmation of the appropriate deadline by which a motion for re- hearing must be filed under the Ocoee Code Enforcement Board Hearing Rules. He had confirmed that Rule 1.12.A. requires that a motion for re-hearing be filed not later than 10 days after a rendition of an order. While he thought that it would be appropriate for this Board to hear a brief amount of testimony from the City on this issue, it was his understanding that the last Order issued in this action, Case No. 96-45, was on August 27, 1996, and recorded on September 4, 1996. Assuming that this information was correct, then it appeared clear that the application for re-hearing filed by the respondent was not timely, and that this Board would be within its rights under the Rules to refuse to hear the case. Lengthy discussion ensued about whether the violations had been brought into compliance, the time span since the Order Imposing Fine and Lien, verification of the address, and whether the respondent had requested a re-inspection. In response to Chairperson Carlsson, Officer Simon verified for the record that the Order Imposing Fine and Lien was August 27, 1996. Vice Chairperson Linebarier, seconded by Member Holmes, moved that the request for re-hearing in Case No. 96-45, Mauricia Fabian DeMeran & Ana Hernandez Fabian, be denied. Motion carried 6-0. Upon agreement by the Board, Attorney O'Quinn said that he would ask the Clerk to issue a formal notice from the City to the respondent in the ordinary course, and that he would contact the attorney to make certain about what the Board had decided in this case. 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 01/28/97 Order Imposing Fine and Lien Chairperson Carlsson said for the record that no one was present to represent the case. Attorney O'Quinn said that Attorney Magnum's position with regard to his clients, Jeffrey A. & Margaret Bratcher, was accurate, and that as a result of Mr. and Mrs. Bratcher having filed a complete liquidation bankruptcy in Chapter 7 of the Bankruptcy Code in October 1995. He said that the City at this point cannot impose, personally against them, a Fine and Lien in connection with a proceeding that issued and was held and commenced and finalized before that date. It was not to say that this Board could not impose its fine and lien against the property in the ordinary course but this letter, he thought, to the extend that it speaks to the issue of personal liability was correct. Attorney O'Quinn said that the Board could not, assuming that the City's Fine and Lien were imposed prior to the discharge of bankruptcy which occurred on January 10, 1996 pursuant to filing it occurred on October 3, 1995, then in the event the Bratchers would not be subject to the personal obligations for a fine and lien, impose. He said that he thought that they needed to make certain the dates were as he has assumed them to be. Chairperson Carlsson said that the City's fine and lien were imposed on January 28, (1996). Attorney O'Quinn wanted to be sure that dates were correct. Member Shagner, seconded by Member Holmes, moved to table Case No. 96-90, Jeffrey A. & Margaret Bratcher, to the April meeting, and have the attorney review the case. Motion carried 6-0. 10 Code Enforcement Board Meeting March 25, 1997 97-004, SUMAC PARTNERS- 2781 Cullen's Court 01/08/97 NOCV - Re-inspection Date:01/21/97 02/06/97 NOH - Board Meeting Date:02/25/97 02/06/97 SOV 02/06/97 POS - Mail Cert#P882-518-649 02/25/97 Order of Continuance 03/18/97 Notice of Dismissal A Notice of Dismissal was presented to the Board in this case. 96-66, OCOEE FOOD MART - 700 South Bluford Avenue 7/23/96 NOCV - Re-inspection Date:8/5/96 8/12/96 NOH - Board Meeting Date:8/27/96 8/12/96 SOV 8/12/96 POS - Certified#P882-518-805 8/27/96 Violation Order 9/17/96 Compliance Order:9/10/96 or $100 per day 10/08/96 Order Imposing Fine and Lien 2/26/97 Affidavit of Compliance: $16,800 Chairperson Carlsson said that the City by letter was requesting authorization (by the Board)in a foreclosure on behalf of the City pursuant to Chapter VII.10. Officer Simon said that Chapter VII dealt with powers of the board, and that one in particular was to authorize the City Attorney to foreclose on a lien. In response to Chairperson Carlsson, Attorney O'Quinn said that in the interest of making sure that the Board had given due process from the respondents, that it would not hurt to hear testimony from them. Chairperson Carlsson explained that on September 17, 1996, the respondent had been found in violation of Chapter 119-2, operating without a City license at that time, and had been fined $100 a day until they came into compliance. It had resulted in a fine in the amount of$16,800. There was a lien on the property and the City's attorney was requesting foreclosure. Mac Patel, 1884 White Avenue, Orlando 32806, said that he was not aware of that. He said that he had not gotten the license, and had discontinued the U-haul business. Chairperson Carlsson once again explained that on August 27, 1996, the Code Enforcement Board held a public hearing and had issued this order in the matter, pursuant to which respondent was to have taken corrective action by September 10, 1996. The City record showed that the respondent had corrected (the violation) on February 26, 1997. Mr. Patel said again that he had applied for the occupational license but the City had not given him the license for the U-haul business. He had discontinued the U-haul business and did not have it after that point. Chairperson Carlsson explained to the business owner, and the property owner, that it was their responsibility and not the City's, to call the City and request a re-inspection. Mr. Patel said that he did not know that he had to call the City then (at that time). Lengthy discussion ensued about the case, and Attorney O'Quinn said that the Board's decision was whether or not to make the decision in rendering the City's request to allow to foreclose in this case. In response to Vice Chairperson Linebarier, Officer Simon explained the notification process used under Chapter VI. Vice Chairperson Linebarier, seconded by Member Shagner, moved in Case No. 96-66, Ocoee Food Mart, to approve the City's request to authorize foreclosure pursuant to Chapter VI.8. In response to Member Skiles, Attorney O'Quinn reported about the various steps that may be taken by the City in the foreclosure. The vote was taken at this time during the meeting. Motion carried 4-2. Member Skiles and Alternate Member Godek voted "nay." 11 Code Enforcement Board Meeting March 25, 1997 96-67, RMN INC. 07/23/96 NOCV - Re-inspection Date:8/5/96 08/12/96 NOH - Board Meeting Date:8/27/96 08/12/96 SOV 08/12/96 POS - Certified#P882-518-805 08/27/96 Violation Order 09/17/96 Compliance Order:9/10/96 or $100 per day 10/08/96 Order Imposing Fine and Lien 02/26/97 Affidavit of Compliance: $16,800 Vice Chairperson Linebarier, seconded by Member Shagner, moved that any testimonies heard in Case No. 96-66, Ocoee Food Mart, be applied to Case No. 96-67, RMN Inc. Motion carried unanimously. Nagin Patel, 4767 Dunburker Drive, Orlando 32817, owner of the property, said that he understood what was going on but he had not received anything, and he was not familiar with this thing at all. He said that "we have to do something, and something fast." Vice Chairperson Linebarier, seconded by Member Shagner, moved in Case No. 96-67, RMN Inc., to approve the City's request to authorize foreclosure pursuant to Chapter VI.8. Motion carried 2. Member Skiles and Alternate Member Godek voted "nay." (IN THE BOARD PACKET - An Order Imposing Fine and Lien for Case No. 96-112, Delfino Puerta, Case No. 96-119, Randy Lubin, Case No. 96-122, Gordon Scott Camp, and Case No. 96-123, Melba Brown.) Vice Chairperson Linebarier requested a copy of the Order Imposing Fine and Lien that was imposed on January 28, 1997, in Case No. 96-121, Alicia Rocna, 110 Coquina Drive. COMMENTS Mayor Vandergrift announced the following: 1) The result of the run off election. 2) Extended an invitation for everyone to pitch in and keep him informed, and encouraged everyone to do the best that they could to make "our" City the best place that we can live. 3) That he was proud of the fact that he was part of typing the City's Code ordinances that had improved Pioneer Key I, Pioneer Key II, and Security Mobile Home Park. 4) Commended the Board for all it had done. 5) Commended Vice Chairperson Linebarier for what he was doing for the Board. 6) Suggested that the City send a courtesy letter to the respondent when the Board had issued an Order Imposing Fine and Lien. Lengthy discussion ensued about this subject, and Chairperson Carlsson directed Clerk Stenographer Lewis to draft a letter to City Attorney Rosenthal that the Board was asking consideration from the benefit of the City Commission of the possibility of issuing these notices certified mail, and let him give an opinion as to the City Commission about the advisability. City Manager: Absent L 12 Code Enforcement Board Meeting triv March 25, 1997 Code Enforcement Officer Simon responded to a Board member regarding a case that had been heard earlier in the meeting. Code Enforcement Officer Conyers explained that some people refuse to accept registered letters, etc. and that the Board would continue to hear comments from respondent that they had never received the notices. For this reason, he was hand delivering them. Police Department: None Executive Secretary Seaver: None BOARD MEMBERS Member Holmes publicly apologized for confusing the names of a couple of staff members. Member Shagner: None Member Skiles: None Vice Chairperson Linebarier said that he would like to see the City send a courtesy copy (even if it was not sent certified) of notices of fine, and imposition of fine and lien. Officer Simon said that she will bring it up with Building and Zoning Official Flippen. Alternate Member Godek: None Attorney O'Ouinn: None Chairperson Carlsson: None ADJOURNMENT At 10:03 p.m., the meeting was adjourned. APPROVED: Attest:miia. ' Ajj , Sher Seaver, E tive Secretary Fra Carlsson, Chairperson .UJ J ie Lewis, Cler /Stenographer a:\wp60\ce032597.M\jl\CEB#4 13 "CENTER OF GOOD LIVING -PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER f/Ocoee S.SCOTT VANDERGRIFT o fF 5s_ COMMISSIONERS \ C. a CITY OF OCOEE RUSTY JOHNSON SCOTT ANDERSON D 150 N.LAKESHORE DRIVE SCOTT A.GLASS f� AL1 OCOEE,FLORIDA 34761-2258 JIM GLEASON •yJ� �J �`,� (407)656-2322 CITY MANAGER '� Op G00p ELLIS SHAPIRO March 25, 1997 Frank Carlsson, Chairman Code Enforcement Board The following cases that are listed under Hearings on Statement of Violations Pursuant to Notices of Hearing must be tabled until the April 22, 1997 meeting due to non-proof of service. 96-117, Katherine Burns, 1905 Laurenbeth Avenue 96-128, Sonja Green, 4983 Timber Ridge Trail 97-015, Marion Bennett, 34 Coquina Key Drive 97-017, Marsha G. Peacock, 1007 Ruth Jordana Court The following case that is also listed under Hearings on Statement of Violations Pursuant to (bp. Notices of Hearing is now dismissed. 97-018, Wendell Meeks, 325 Lee Street Respectfully Submitted, Sherry Seaver Code Enforcement Board Clerk L April 22, 1997 Frank Carlsson, Chairman Code Enforcement Board The following cases have been dismissed: 96-117, Katherine Burns 96-128, Sonja Green 97-017, Marsha G. Peacock The City is requesting that the following cases be continued until the May 27, 1997 meeting: 97-025, Joe R. and Ladawn M. Pompa 97-026, Maria E. Gonzalez 97-028, Eugene Tucker Estate and May L. French 97-029, Silvestri Investment of Florida, Inc. Sherry Seav-111 Executive Secretary L 1,20, 64,,,izze %/ da �4 4-f7 in) '`/"./4' 11/3/97 C i APR 0 3 1997 FOWLER, BARI C E & FEENEYr3i:-c.:C PROFESSIONAL ASSOCIATION ATTORNEYS A.VD COUNSELORS AT LAW JAMES A.FOWLER EMPIRE BUILDING TELEPHONE:(407)425-2684 CAROLE JOY BARICE. P.A. 28 W. CENTRAL BLVD. TELEFAX: (407)425-2690 THOMAS C.FEENEY III.P.A. FOURTH FLOOR MICHAEL A.U.O'QULNN, P.A. ORLANDO. FLORIDA MARY L. MEED 32801 Wednesday. April 02. 1997 Nery G. Winter. Esquire 900 Fox Valley Drive Suite 202 Longwood. Florida 32779 Re: Request for Rehearing Case 96-45. Mauricia Fabian DeMeran and Ana Hernandez Fabian Dear Mr. Winter: On March 25. 1997. the City of Ocoee Code Enforcement Board considered the referenced request for rehearing. In view of the requirements of Rule 1.112 of the Ocoee Code Enforcement Board Hearing Rules, the Code Enforcement Board denied the request for rehearing. If we can be of further assistance to you in any way. please do not hesitate to contact the undersigned at your convenience. Sincerely. FO ER, BARICE & FEENEY, P.A. • a.ii A - .el A. U. O'Quinn MAUO/jd cc: City Clerk's Office " Thomas C. Feeney. III. Esquire act: docs/mauo/endjngwl.wpd CEb d. Relief Granted. At the conclusion of the hearing, the findings of fact, based on evidence of record; conclusions of law; and an cltw- __ proper relief consistent with the board's power will be entered. The finding sha,. :e approved by a majority of those members present and voting, except that at les>r must vote in order for the action to be official. Rule 1.12. MOTION FOR REHEARING; 'TT 'EE FOR; CONTENTS. a. Time. A motion for rehearing will be filed not later than ten r::; ..;: rendition of an order. A timely motion may be amended to state new grounds _t ; . it is disposed of in the discretion of the board. b. Determination. The motion will set forth the bases therefor with particularity. On examination of the motion at its next scheduled meeting, the board may find it without merit and deny it summarily, or may grant a hearing on it with notice. c. Grounds. All orders granting a new hearing will specify the specific grounds therefor. Rule 1.13. RELIEF FROM ORDER; CLERICAL. MISTAKES. a. Clerical Mistakes. Clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the board at any time on the board's own initiative or on the motion of any party after such notice, if any, as the board orders. During the pendency of an appeal, such mistakes may be'so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. b. Mistakes:Inadvertence:Exclusive Neglect:Newly Discovered Evidence: Fraud, etc. On motion and on such terms as are just, the board may relieve a party or his legal representative from an order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a rehearing; (3) fraud, misrepresentation or other misconduct of an adverse party; (4) the order is void; (5) the order has been satisfied, released or discharged, or a prior order on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application. The motion must be made within a reasonable time, and for reasons (1), (2) and (3) not more than six months after the order or proceeding was entered or taken. A motion under this rule does not effect the finality of an order or suspend its operation. (low 7