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Home My WebLink About06-24-1997 Minutes 1VIINUTES OF THE CITY OF OCOEE (10, CODE ENFORCEMENT BOARD MEETING HELD ON June 24, 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 Godek, Holmes (arrived late), Lenko, Shagner, Skiles, and Alternate Members Chancey and Luck. Also present were Attorney Feeney, Building Official Flippen, Senior Plans Examiner Washington, Code Enforcement Officers Cronnon, Smith, and Simon, Deputy Clerk Harris, Executive Secretary Seaver, and Clerk Stenographer Lewis. gt.so paeset'r jJks C iry N14n(i 66e SNAPJQo. ABSENT: None APPROVALS This item consisted of the Minutes of the May 27, 1997 Code Enforcement Board meeting. Vice Chairperson Linebarier, seconded by Member Shagner, moved to approve the Minutes of the May 27, 1997 Code Enforcement Board meeting as presented. Motion carried 7-0. 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. At the request of Chairperson Carlsson, Code Enforcement Officers Cronnon and Simon were sworn in by Deputy Clerk Harris. 97-044, JANICE FREE -1010 Arizona Court Simon 04/08/97 NOCV-Re-inspection Date:05/02/97 05/07/97 NOH -Board Meeting Date:03/27/97 05/07/97 SOV 05/07/97 POS Mail Cert#P882-518-731 05/27/07 Order of Continuance -24-June-97 06/03/97 NOH-Board Meeting Date:06/24/97 06/03/97 POS -No Proof of Service The respondent was not in Chambers. At the request of the City and due to Non-Proof of Service, Case No. 97-044 was continued to the July 22, 1997 Board meeting. L Code Enforcement Board Meeting Clor June 24, 1997 97-051, ANTHONY M. CALDARELLA - 710 Malcolm Road Conyers/Cronnon 02/17/97 NOCV-Re-inspection Date:06/03/97 06/18/97 NOH-Board Meeting Date:06/24/97 06/18/97 SOV 06/18/97 POS -Mail Cert#P882-518-731 Chairperson Carlsson presented a letter from Mr. Caldarella to the Board. Officer Cronnon, representing Code Enforcement, having been sworn and stating qualifications, made a statement. Respondent was notified by certified mail and was not in Chambers. MEMBER LENKO, seconded by MEMBER SHAGNER, moved to find Anthony M. Caldarella, Case No. 97-051, in violation of 108-19 (I), 108-23 (E) Roofs, 108-24 Sanitation requirements (D), Chapter 51-21 Permit required, as of February 27, 1997, and be given until July 3, 1997, to correct the violations or be fined $100 a day thereafter. Motion carried 7-0. OTHER BUSINESS VICE CHAIRPERSON LINEBARIER, seconded by MEMBER SKIMS, moved that agenda item I. 96-066, Ocoee Food Mart, be heard at this time. Motion carried 7-0. 96-066, OCOEE FOOD MART - 700 S. Bluford Avenue Simon 07/23/96 NOCV-Re-inspection Date:08/05/96 08/12/96 NOH -Board Meeting Date:08/27/97 08/12/96 SOV 08/12/96 POS - Mail Cert#P882-518-805 08/27/96 Violation Order:143-6 09/17/96 Compliance Order:9/0/96 or $100 per day 10/08/96 Order Imposing Fine and Lien 02/26/97 Affidavit of Compliance:$16,800.00 03/20/97 Application to Foreclose 03/25/97 Order Authorizing Foreclosure 06/18/97 Request for Reduction in Fine Bruce Chapin, 2022 Hoffner Road, Orlando 32809, an attorney representing the respondent, stated that he had filed a request to ask the Board to consider backing the fine down to the time that the respondent had come into compliance. Officer Simon said that there had been an Affidavit of Compliance as of February. Urmil Patel, 835 Chicago Avenue, was sworn in by Executive Secretary Seaver, and said that as far as he knew he had not gotten any letter from the City of Ocoee. Chairperson Carlsson read, for the record, a portion of the Board minutes regarding this case, and informed the respondent that they had been presented with the case history information. VICE CHAIRPERSON LINEBARIER, seconded by MEMBER LENKO, moved to reduce the fine in Case No. 96-066, Ocoee Food Mart, from $16,700 to $5,000. On roll call Member Luck voted "nay," Member Lenko voted "aye," Member Shagner voted "aye," Chairperson Carlsson voted "nay," Vice Chairperson Linebarier voted "aye," Member Godek voted "nay," and Member Skiles voted "nay." Motion lost 4-3. 2 Code Enforcement Board Meeting June 24, 1997 Code Enforcement Officer Smith arrived to the meeting at 8:00 p.m. MEMBER GODEK, seconded by MEMBER SKIMS, moved to reduce the fine in Case No. 96- 066, Ocoee Food Mart, from $16,700. to $2,300. On roll call Member Luck voted "aye," Member Lenko voted "nay," Member Shagner voted "nay," Chairperson Carlsson voted "aye," Vice Chairperson Linebarier voted "nay," Member Godek voted "aye," and Member Skiles voted "aye." Motion carried 4-3. MEMBER SIDLES, seconded by MEMBER GODEK, moved in Case No. 96-067, RMN, Inc. that the fine is reduced to zero if in Case No. 96-066, Ocoee Food Court, the fine was paid within 30 days (of June 24, 1997). On roll call Member Luck voted "nay," Member Lenko voted "nay," Member Shagner voted "nay," Chairperson Carlsson voted "nay," Vice Chairperson Linebarier voted "nay," Member Godek voted "aye," and Member Skiles voted "aye." Motion lost 5-2. Chairperson Carlsson explained that if RMN, Inc. wanted a reduction of fine and lien, that they would need to go through the same process as the respondent in Case No. 96-066, Ocoee Food Court. 97-015, MARION A. BENNETT - 34 Coquina Key Drive Cronnon 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 liarr 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 04/22/97 Compliance Order 05/08/97 Affidavit of Non-Compliance 05/27/97 Order Imposing Fine&Lien:Effective 04/30/97 06/06/97 Affidavit of Compliance 06/06/97 Req. for Reduction In Fine: Meeting Date:06/24/97 Respondent was not in Chambers. MEMBER LENKO, seconded by MEMBER SHAGNER, moved to deny a reduction of the fines in Case No. 97-015, Marion A. Bennett. VICE CHAIRPERSON LINEBARIER, seconded by MEMBER LENKO, moved to amend the motion in that the City would be open to a request for re-hearing when the respondent could appear and prove that they truly owned the property, and that the deed had been recorded. Motion carried 7-0. Vote on original motion as amended was taken at this time during the meeting. Motion carried 7-0. 97-028, EUGENE TUCKER ESTATE AND MARY L. FRENCH - 96 Sand Dollar Key Drive Cronnon 03/24/97 NOCV-Re-inspection Date: 04-10-97 04/11/97 SOV 04/11/97 NOH-Board Meeting Date: 04-22-97 04/11/97 POS-Mail Cert#P882-518-764 04/22/97 Order of Continuance 05/08/97 NOH-Board Meeting Date:05/27/97 05/08/97 POS-Posting 05/27/97 Compliance Order:6/10/97 or$50 a day 06/11/97 Affidavit of Compliance 3 Code Enforcement Board Meeting June 24, 1997 An Affidavit of Compliance was presented to the Board for this case. 97-037, ASHER AND MARGARET LONGRIE - 1219 Baranova Road Conyers 04/04/97 NOCV-Re-inspection Date: 04/15/97 05/07/97 SOV 05/07/97 NOH-Board Meeting Date: May 27, 1997 05/07/97 POS-Mail-Cert#P882-518-534 05/27/97 Compliance Order:6/10/97 or$100 a day 06/11/97 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 97-042, MELBA BROWN - 404 Mable Street Simon 04/08/97 NOCV-Re-inspection Date: 04/21/97 05/07/97 SOV 05/07/97 NOH-Board Meeting Date: 05/27/97 05/07/97 POS-Mail Cert#P882-518-729 05/27/97 Order of Continuance:06/24/97 06/03/97Notice of Hearing:Meeting Date: 6\06/24/97 06/18/97 Notice of Dismissal A Notice of Dismissal was presented to the Board in this case. 97-043, JOSEPH J. MARRA- 50 E. Silver Star Road Simon 04/07/97 NOCV-Re-inspection Date: 04/21/97 05/07/97 SOV 05/07/97 NOH-Board Meeting Date: 05/27/97 05/07/97 POS-Mail Cert#P882-518-730 05/27/97 Order of Continuance:06/24/97 06/03/97 NOH:Board Meeting Date: 06/24/97 06/18/97 Notice of Dismissal A Notice of Dismissal was presented to the Board in this case. 97-047, ALBERT F. BERBAN- 202 Spring Lake Circle Simon 05/07/97 NOCV-Re-inspection Date: 05/13/97 05/14/97 SOV 05/14/97 NOH-Board Meeting Date: 05/27/97 05/14/97 POS-Hand Delivery 05/27/97 Compliance Order: 06/09/97 or$100 a day 06/09/97 Affidavit of Compliance An Affidavit of Compliance was presented to the Board in this case. 97-048, RICK'S BODY WORKS - 294 E. Geneva Street Cronnon 04/24/97 NOCV-Re-inspection Date: 05/10/97 05/22/97 SOV 05/22/97 NOH-Board Meeting Date: 05/27/97 05/22/97 POS-Hand Delivery 05/27/97 Compliance Order:07/31/97 or$100 a day 05/28/97 Affidavit of Compliance An Affidavit of Compliance was presented to the Board in this case. 97-049, GEORGE D. AND PAT S. WRIGHT- 294 E. Geneva Street Simon 04/24/97 NOCV-Re-inspection Date: 05/10/97 05/22/97 SOV 05/22/97 NOH-Board Meeting Date: 05/27/97 05/22/97 POS-Hand Delivery 05/27/97 Compliance Order:07/31/97 or$100 a day 05/28/97 Affidavit of Compliance An Affidavit of Compliance was presented to the Board in this case. 95-146, PERSAUD KHEMWATTEE- 449 S. Bluford Avenue Simon 10/12/95 NOCV-Re-inspection Date:10/16/95 10/18/95 NOH -Board Meeting Date:10/24/95 10/18/95 SOV 10/18/95 POS - Mail Cert#P597-456-618 10/24/95 Compliance Order:11/24/95 or $100 a day11/28/95 Affidavit of Non-Compliance 11/28/95 Order Imposing Fine&Lien: Beginning November 27, 1995 4 Code Enforcement Board Meeting June 24, 1997 01/23/96 Affidavit of Compliance: $5,800.00 Due to the City of Ocoee 06/24/97 Request for Reduction in Fines Respondent was not in Chambers. VICE CHAIRPERSON LINEBARIER, seconded by MEMBER SHAGNER, moved to deny the request for reduction of fines until the respondent requested a re-hearing. Motion carried 7-0. Lengthy discussion ensued about whether a person must appear in person to request a re- hearing or could submit the request in writing. Attorney Feeney cautioned the Board that people could misunderstand and think that a respondent must ask for a re-hearing and if they received a re-hearing that they would appear before the Board. Chairperson Carlsson suggested that it should be a request (the first time here) to the Board as to whether they would re-hear the case, and then the respondent would be notified in writing of the Board's decision (within 10 days). 93-009, JERRY L. JONES - 801 West Harbour Court An Index To Record On Appeal was presented to the Board in this case. The respondent was not in Chambers. City Manager Shapiro stated for the record, that this case had accrued a financial burden for the citizens of this Community, and he was hopeful that the case was not dropped past the cost that had been associated with it. MEMBER LENKO, seconded by MEMBER SHAGNER, moved to issue an Order Imposing Fine and Lien as of July 31, 1993. Motion carried 7-0. Vice Chairperson Linebarier requested a copy of the original citation for Case No. 93-009. Attorney Feeney commended Attorney Hamilton of Foley & Lardner, for doing a "whale of a job" for the City. Several members of the Board also commended the City for its work on this case. ELECTION Chairperson Carlsson opened the floor for nominations of Chairperson, and MEMBER SHAGNER, seconded by MEMBER LENKO, moved to nominate Mr. Frank Carlsson as Board Chairperson. Motion carried 7-0. Chairperson Carlsson opened the floor for nominations of Vice-Chairperson. MEMBER LENKO, seconded by MEMBER SKH.ES, moved to nominate Mr. John Linebarier as Board Vice-Chairperson. Motion carried 7-0. DISCUSSION ON REVISED HEARING RULES Attorney Feeney explained that action had been taken during the last Board meeting to revise the Hearing Rules which appeared on page 7 of the proposed Rules to extend the timeliness of a motion for re-hearing from 10 days to 30 days. He said that the Board could have more discussion about the difference between a re-hearing and reduction of fine, how the Board 5 Code Enforcement Board Meeting June 24, 1997 would like to deal with this, and consider adopting the proposed Rules at the next meeting. Attorney Feeney explained that he had not known that the Board set and amended its own Rules. He provided for future amendments to the Rules by the Board. Member Holmes arrived to the meeting at 9:01 p.m. Attorney Feeney said that a written request to amend the Rules must be made 15 days before the next meeting, or a member could propose a Rules change, notify other members in writing, and it could be brought up at that meeting or alternatively at a public meeting 15 days before taking it up. The Board could not amend a Rule, under these Rules, for the first time at a meeting. There had to be a 15 day notice. Discussion ensued about membership, and City Manager Shapiro explained that a majority of the seven (7) must have a 4-0 vote for it to pass, and that it would fail if it was a 3-1 vote. Attorney Feeney said that he would work with that section of the Rules and will report at the next Board meeting. He cautioned the Board and the City on using consistency when deciding whether to re-hear a case. At the request of Chairperson Carlsson, Building Official Flippen said that he would meet with the Code Enforcement Officers to review the forms, and will report back at the next Board meeting. COMMENTS City Manager: None Code Enforcement Officer Simon introduced Stephen Smith, a new Code Enforcement Officer with the City. She also asked for clarification on re-hearing and/or reduction of the fine and lien. Chairperson Carlsson said that the form for the hearing should inform the respondent that they should be present at the meeting,-that-It was not going to be scheduled in the future unle,« 4-hLy Were. prasenf #a ror,utst 51-1-1t. kW-dry. Code Enforcement Officer Cronnon: None Code Enforcement Officer Smith: None Police Department: None Executive Secretary Seaver stated for the record, that two of the three cases that were petitioning for a reduction had been personally notified by her that they needed to be at the meeting to properly represent themselves. Deputy Clerk Harris: None. Chairperson Carlsson extended a welcome to Ms. Harris from the Board. Mayor Vandergrift: None BOARD MEMBERS Alternate Member Chancey: None 6 Code Enforcement Board Meeting June 24, 1997 / MEMaL'•i I-bLMIll Es : o 0.omrnenk Alternate Member Luck said that he was learning as they went. Member Lenko said that she commiserated with Executive Secretary Seaver on those cases. Member Shagner expressed frustration about everyone coming in and saying that "they didn't know that they had to call the Code Enforcement Board back." It was the biggest "lame" excuse that they had ever had as everyone tells them (about it). Member Skiles: No Comment. Member Godek wished everyone a nice and safe 4th of July Holiday! Vice Chairperson Linebarier: None Attorney Feeney informed the Board that it appears after speaking with City Attorney Rosenthal, that the Board would be hearing appeals from False Alarm Citations in the future. Chairperson Carlsson thanked the Board for having the confidence by electing him as Chairperson again. He also said that it was good seeing City Manager Shapiro and Official Flippen at the meeting. ADJOURNMENT At 9:13 p.m., the meeting was adjourned. APPROVED: Attest: (kkly // If/ 01/ i - A 4 ?/' , ,. , ,, Ro•in Har , 0 -puty Clerk Fr Carls •", hairperson • r c;1JJ die Lewis, rk Stenographer a:\wp60\ce042297.M\jl\CEBN4 7