HomeMy WebLinkAbout04-22-1997 Minutes (korMINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
HELD ON April 22, 1997
CALL TO ORDER
Chairperson Carlsson called the regular meeting of the Ocoee Code Enforcement Board to order
at 7:35 p.m. in the Commission Chambers of City Hall and led in the pledge of allegiance.
Alternate Member Luck led in prayer. The roll was called and a quorum declared present.
As the attorney to the Board had been delayed, Chairperson Carlsson asked if anyone had any
objections to beginning the meeting without Counsel. There were no objections. He also
welcomed Bob Godek as a full Member and Alfred Luck as an Alternate Member to the Board,
and said that Randy Chancey, also an Alternate Member, had been unable to attend this meeting.
PRESENT: Chairperson Carlsson, Members Godek, Holmes, Lenko, Shagner, and Alternate
Member Luck. Also present were Attorney O'Quinn (arrived late), Code
Enforcement Officers Cronnon and Simon, Executive Secretary Seaver, and
Clerk/Stenographer Lewis.
ABSENT: Vice Chairperson Linebarier, Member Skiles, and Alternate Member Chancey (all
absences were excused).
Attorney O'Quinn arrived to the meeting at 7:36 p.m.
APPROVALS
This item consisted of the Minutes of the March 25, 1997 Code Enforcement Board meeting.
Member Holmes questioned the vote in Cases No. 96-66 and 96-67 on pages 11-12. Discussion
ensued about these items, and Member Holmes said that the vote in Case No. 96-67 should read
"Motion carried 4-2." rather than "...3-2." Member Shagner, seconded by Member Godek,
moved to approve the Minutes of the March 25. 1997 Code Enforcement Board meeting as
corrected. Motion carried 5-0. Chairperson Carlsson said for the record, that Alternate
Member Luck could not vote on the minutes as he had not attended the last meeting.
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.
Member Godek, seconded by Member Lenko, moved at the request of the City. that Case No.
96-117. Katherine Burns. Case No. 96-128. Sonja Green. and Case No. 97-017. Marsha G.
wobio Peacock. be dismissed. Motion carried 6-0.
Lir Code Enforcement Board Meeting
April 22, 1997
Member Godek. seconded by Member Slimmer_ moved at the request of the City. that Case No.
97-025. Joe R. and Ladawn M. Pompa. Case No. 97-026. Maria E. Gonzalez. Case No. 97-028.
Eugene Tucker Estate and Mary L. French. Case No. 97-029. Silvestri Investment of Florida,
Inc.. be continued to the May 27. 1997. meeting of the Code Enforcement Board. Motion carried
6-0.
At the request of Chairperson Carlsson, Code Enforcement Officers Cronnon and Simon were
sworn in by Executive Secretary Seaver.
97-015, MARION A. BENNETT - 34 Coquina Key Drive
01/08/97 NOCV-Re-inspection Date:01/20/97 03/10/97 NOH -Board Meeting Date:03/25/97
03/10/97 SOV 03/10/97 POS
03/25/07 Order of Continuance 04/02/97 NOH -Board Meeting Date:04/22/97
04/07/97 POS- Posting/Mail Cert#P882-518-714
Chairperson Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Cronnon testified, on November 19, 1996, that Officer Conyers had
observed the skirting which needed repairing or replacing, and that the grass by the trailer, fence,
and shed, was too high. On January 8, 1997, an NOCV was sent to the property owner as
identified by Orange County Tax Records, Marion A. Bennett, for violation of 108-23. General
requirements for the exterior and interior of structures:(B)Skirting. "Existing skirting shall be maintained free from
broken or missing sections,pieces or cross members. Skirting shall be securely attached and sized from the ground
to the lower outside perimeter of the structure. All mobile homes moved into the city shall have the undercarriage,
piers and tie-down straps protected and hid from view by approved skirting. Existing mobile homes shall have
approved skirting installed by no later than six (6) months after the adoption of this chapter." (C) Replacement
Skirting. "Replacement or new skirting shall be approved skirting and shall be constructed of materials intended for
exterior use and properly sized and mounted to prevent free access to the crawl space of the structure. Crawl space
access grille or door and ventilation grilles shall be sized according to local code requirements. All approved skirting
shall be installed according to the manufacturer's specifications and/or applicable provisions of the Ocoee City
Code." Also, Chapter 115-5 Excessive weed or grass 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
January 20, 1997 to come into compliance. On January 21, 1997, an extension was given until
February 28, 1997. On March 4, 1997, a re-inspection revealed that the skirting had not been
repaired or replaced and the property owner had not taken care of the excessive grass growth.
The case was given to the Clerk to process for an SOV. On April 17, 1997, a re-inspection
revealed that the property remained in non-compliance. A re-inspection on April 22, 1997, gave
indication that mowing had begun on the front yard. The majority of the grass was still there, and
the skirting had not been repaired.
In response to Member Holmes, Officer Cronnon said that someone had scheduled, yet failed
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Code Enforcement Board Meeting
April 22, 1997
to appear, for a re-inspection. There was no water account nor was anyone living at the address.
Member Lenko. seconded by Member Shagner. moved to find Marion A. Bennett. Case No.
97-015. in violation of 108-23 (B). (C). and Chapter 115-5. Creation Prohibited. as of April 22.
1997. and be given until April 29. 1997. to correct the violations or be fined $50 a day thereafter.
Motion carried 6-0.
97-027, JAMES L. AND DIANE KELLY - 1507 Jemima Avenue
04/01/97 NOCV -Re-inspection Date:04/08/97 04/10/97 NOH -Board Meeting Date:04/22/97
04/10/97 SOV 04/10/97 POS - Mail Cert#P882-518-718
Code Enforcement Officer Simon testified that on March 6, 1997, a complaint had been received
from the City's Water Department with regard to a washing machine that was apparently draining
under the back fence into the alley way. It was flooding to the point that the water meter could
not be read. This had not been the first complaint regarding this matter. In June 1996, an NOCV
had been issued in this matter for the same violation but the respondent had complied with the
violation prior to coming before the Board. The property owner had disconnected the pipe. On
March 6, 1997, the property was inspected. On April 1, 1997, an NOCV was sent to the
property owner as identified by Orange County Tax Records, James L. and Diane Kelly, for
violation of SBCCI Plumbing Code 301.11.1 Connections to Drainage System: "All plumbing fixtures, drains,
appurtenances and appliances used to receive or discharge liquid wastes or sewage shall be connected properly to
the drainage system of the building or premises, in accordance with the requirements of this code." Also, SBCCI
Plumbing Code 606.3.4.1: "Fixture valve outlets with hose attachments, hose bibbs and lawn hydrants shall be
protected against backflow by an air gap, a vacuum breaker or other approved back-siphonage backflow preventer
on the discharge side of the valve. Back siphonage backflow preventers may be installed directly on hose outlet
connection threads." Also, City Ordinance Chapter 108-22 Minimum Requirements for Electrical Systems. "Every
electrical outlet and fixture, all wiring and equipment shall be installed, maintained and connected to a source of
electric power in accordance with the provisions of the Electrical Code of the authority having jurisdiction." Also,
108-23(Q): "Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained
and kept in good repair and sound structural condition." Also, 108-24(D): "Care of premises. It shall be unlawful
for the owner or occupant of a residential building, structure or property to utilize the premises of such residential
property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material,
building rubbish or similar items." Officer Simon said that her observation during the inspection had
been that the washing machine was discharging into the yard and flooding the water meter, that
the accessory structure with beams and partial roof was in need of repair (on the roof area), and
there was miscellaneous trash and debris in the yard which included bricks, propane tanks, bike
parts, and building materials. Backflow preventors needed to be installed on all exterior hose
bibbs. The respondent was given until April 7, 1997 to correct the violations. On April 22,
1997, a re-inspection of the property found that the property had been cleaned up. Officer Simon
said that she had not talked with the property owner until this meeting. The respondents have
piped the washing machine into the ground but without having any contact or inspection with
them, she really did not know where or how it had been run. There had been a great
improvement on the yard. She had informed Mr. Kelly that he needed to safe up the roof of the
accessory garage. The respondent had advised her that he had plumbed the washing machine into
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Code Enforcement Board Meeting
April 22, 1997
the septic tank.
A video of the property in violation was presented for review by the Board. Chairperson
Carlsson said that even though the City water system was a sealed unit, he was concerned about
the water from the washing machine going into the City water connection and possibly
contaminating the City system. In response to Chairperson Carlsson, Officer Simon said that
the 108-24 (D) violation had been brought into compliance. Discussion ensued about junk,
plumbing and drainage concerns, the electrical system, and whether there were any junk vehicles
on the property.
James Kelly, 1507 Jemima Avenue, was sworn in by Executive Secretary Seaver, and
questioned why no one else in their neighborhood had the backflow devices on the spigots. He
said that he had no problem with installing those but everyone in the neighborhood should have
to do it (as well). In response to Member Holmes, Mr. Kelley said that 20 days were needed
to correct the violations.
Member Holmes, seconded by Member Lenko, moved that James L. and Diane Kelley. Case
No. 97-027. be found in violation of SBCCI Plumbing Code 301.11.1. SBCCI Plumbing Code
606.3.4.1. City Code Chapter 108-22. and 108-23 (Q). as of April 8. 1997. and be given until
(iw May 13. 1997. to correct the violation or be fined $50 a day thereafter. Motion carried 6-0.
Member Shagner, seconded by Member Lenko, moved that James L. and Diane Kelley. Case
No. 97-027. be found in violation of Chapter 108-24 (D). as of April 8. 1997. but in compliance
as of April 22. 1997 and that no fine be imposed at this time. Motion carried 6-0.
MEMBER SHAGNER. SECONDED BY MEMBER LENKO. MOVED THAT CASE No. 96-74. MICHAEL
A. AND DONNA R. KELLER. UNDER OTHER BUSINESS. BE HEARD AT THIS TIME DURING THE
MEETING. MOTION CARRIED 6-0.
96-74, MICHAEL A. AND DONNA R. KELLER - 404 Caballero Road
08/01/96 NOCV-Re-inspection Date:8/13/96 08/14/96 NOH - Board Meeting Date:8/27/96
08/14/96 SOV 08/14/96 POS - Certified#P882-518-808
08/27/96 Compliance Order:9/3/96 or$100 per day09/16/96 Affidavit of Non-Compliance
09/24/96 Order Imposing Fine&Lien:9/4/96 04/16/97 Request for Re-hearing:Meeting Date:4/22/97
For the record, the respondent was not present to represent the case. Chairperson Carlsson said
a request for re-hearing had been made by Sherri Moore, a paralegal with Pohl & Short, P.A.,
who was also requesting a release of the lien or a reduction in the fine as a sale was now pending
on the property. He said that the original CEB meeting had been held on August 27, 1996, and
that the compliance date had been September 3, 1996. At $100 per day, the penalty was
calculated at$23,800 for 238 days. Code Enforcement Officer Simon explained that Mr. Keller
worked for the City and now lived out of town, and that there had been a foreclosure on the
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Code Enforcement Board Meeting
April 22, 1997
house. She said that the lien stood even though Mr. Keller had nothing further to do with the
property.
Discussion ensued about whether the Board should hear testimony. Attorney O'Quinn said that
this was a situation where the Board's Hearing Rules should be considered, and Rule 1.1.2 (a),
made it clear that a motion for re-hearing will be filed not later than 10 days after a rendition of
an order. The motion for re-hearing in this case would have to have been filed within 10 days of
September 24, 1996. He said that he believed that the request for re-hearing in this case had been
filed on April 16, 1997, and he did not believe that it would be appropriate for this Board to hear
this request for re-hearing as it had not met the Code Enforcement Board's Hearing Rules.
In response to Member Lenko, Attorney O'Quinn said this Board was empowered to reduce
fines, at its discretion, any time during the process. He said that it was probably a matter for
another date or another time but this particular request for re-hearing could (not) be heard by this
Board because it has not met basic rules as far as timeliness was concerned. Chairperson
Carlsson informed Ms. Moore, representing Fannie Mae, that she would be given the opportunity
if she so desired, to come back and ask for a reduction of fine and lien at a separate hearing.
Member Lenko. seconded by Member Shagner. moved in Case No. 96-74. Michael A. and
Donna R. Keller. to deny a re-hearing of the case. Motion carried 5-1. Member Holmes voted
L "nay."
Attorney O'Quinn advised Ms. Moore who had wanted to address the Board that he would talk
with her or her attorney but the lien ran with the land, and whoever took the property back would
be subject to (conditions).
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
03/28/97 Affidavit of Compliance
For the record, no one was present to represent the case. Chairperson Carlsson inquired about
a difference of the Affidavit of Compliance dated February 25, 1997, and the Order where the
Board had given the respondent until March 7, 1997 to take corrective action. Attorney O'Quinn
said based upon his understanding of the fact that he thought that it was within the discretion of
the Board to fmd the respondent in compliance, and to grant leniency given the fact that there was
a violation as of March 7 and that it had not been corrected until March 28. He said that in as
much as there may have been some confusion created by the fact that the resident was given a
different date for compliance than the owner, this Board could specify that there should be
consistency there. Member Lenko. seconded by Member Holmes. moved to fmd Hernandez.
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Code Enforcement Board Meeting
April 22, 1997
Gertrudis. Case No. 97-003. in compliance as of March 28. 1997. and to waive the fines incurred
between March 7-28. 1997. Motion carried 6-0.
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
01/28/97 Order Imposing Fine and Lien
For the record, no one was present to represent the case. Attorney O'Quinn said that he has had
the opportunity to review the law and the facts in this case, and has had an opportunity to discuss
the fact of the laws with Mr. Magnum, the attorney for Mr. and Mrs. Bratcher. He said that it
would be appropriate for this Board to proceed with this work as to the property, and that it would
not be inconsistent with the request made by the Bratcher's lawyer that we not attempt to impose
fine on them personally.
Discussion ensued about the bankruptcy date, the enforcement mechanism used in the Board to
impose a fine and lien against the property as opposed to a citation method enforcement of the
code violation. Member Shagner. seconded by Member Lenko. moved to note that the Board
has heard from its attorney in Case No. 96-90. Jeffrey A. & Margaret Bratcher. and the case will
continue as originally voted on (by the Board). Motion carried 5-0. Alternate Member Luck
did not vote.
MEMBER HOLMES INQUIRED ABOUT THE CITY'S POSITION IN A CASE THAT HAD BEEN HEARD DURING
THE LAST MEETING.
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 03/25/97 Violation Order:115-3 &54-3
03/28/97 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board in this case.
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
03/25/97 Compliance Order:3/31/97 or$50 per day 04/01/97 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board in this case.
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
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Code Enforcement Board Meeting
April 22, 1997
03/13/97 SOV 03/14/97 POS
03/25/97 Compliance Order:3/31/97 or$50 per day 03/31/97 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board in this case.
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
03/25/97 Compliance Order:4/1/97 or$100 per day 04/01/97 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board in this case.
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
03/25/97 Violation Order:143-6 03/25/97 Compliance Order
04/01/97 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board in this case.
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
03/25/97 Violation Order:Code 143-6 03/25/97 Compliance Order:4/1/97 or$100 per day
04/01/97 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board in this case.
COMMENTS
Mayor Vandergrift announced the following:
• Details of an article from a National League of Cities newsletter.
• Extended his support for televising the Board meetings, and in networking the television
for the community. He also wanted a better information service for the community, and
encouraged sending flyers with the utility statements even if it meant purchasing a machine
that stuffs the envelopes. Member Lenko inquired about the status of a pamphlet with
information about the most common violations which could be handed out when citizens
turn on their water. Code Enforcement Officer Simon said that the City was working
on a community informational program.
• The City Manager candidate from Tennessee had accepted another position and would not
be coming to Ocoee.
• The Charter Study Commission was looking into changing the length of terms for Mayor
and the Commissioners.
Chairperson Carlsson thanked the Mayor and the City Commission for putting on the Volunteer
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Code Enforcement Board Meeting
April 22, 1997
Appreciation Dinner. Several Members spoke in agreement.
City Manager: Absent
Code Enforcement Officer Simon: None
Code Enforcement Officer Cronnon: None
Police Department: None
Executive Secretary Seaver: None
BOARD MEMBERS
Member Holmes inquired about the following:
1) The status of the courtesy letter to respondents from the Board notifying violators that
action had been taken by the Board to issue an Order Imposing Fine and Lien.
Chairperson Carlsson read a letter presented by Code Enforcement Officer Simon for
the City regarding this issue. Chairperson Carlsson suggested the use of bold letters
where the respondent was given 10 days to request a rehearing.
2) Inquired about whether the City would cancel the May meeting of the Code Enforcement
Board due to Memorial Day. Officer Simon explained that while the City observed
Memorial Day as a holiday, the City would be back to normal business the following day.
Member Lenko said, as a result of the campaign, that the Mona and Jemima (Avenues) area was
(60, looking better.
Member Shagner commended the Code Enforcement Officers and the City for doing an excellent
job.
Member Godek: None
Alternate Me ber Luck: None
Attorney O'Quinn: None
Chairperson Carlsson: None
ADJOURNMENT
At 8:46 p.m., the meeting was adjourned.
APPROVED:
Attest:
Sherry .eaver, Exec I e ecretary Frarlsson, ` hairperson
111!
J / Lewis, Clerk/Stenographer
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