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Home My WebLink About07-22-1997 Minutes (OwMINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON July 22, 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, Shagner, Skiles, and Alternate Members Chancey and Luck. Also present were Attorney Feeney, Code Enforcement Officers Cronnon, Simon, and Smith, Executive Secretary Seaver, and Clerk Stenographer Lewis. ABSENT: Member Lenko. APPROVALS This item consisted of the Minutes of the June 24, 1997 Code Enforcement Board meeting. Clerk Stenographer Lewis said that City Manager Shapiro should have been listed among those present for the meeting. Also, that Vice Chairperson Linebarier had asked for a correction under COMMENTS, page 6, which should read "... Chairperson Carlsson said that ihr the form for the hearing should inform the respondent that they should be present at the meeting. It was not going to be scheduled in the future unless they were present to request the re-hearing.", rather than "... 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." Member Holmes explained that while he had no comments during the last meeting, his name had been left out from the COMMENTS section. Member Shagner, seconded by Member Skiles, moved to approve the Minutes of the June 24. 1997 Code Enforcement Board meeting as amended. 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. Chairperson Carlsson announced that the Board members had received a Notice of Dismissal in Agenda Item IV. B. 97-054, The Ray Harper Trust. At the request of Chairperson Carlsson, Code Enforcement Officers Cronnon, Simon, and Code Enforcement Board Meeting July 22, 1997 Smith were sworn in by Executive Secretary Seaver. 97-052, CURTIS ATKINS - 1514 Lady Avenue Cronnon 05/01/97 NOCV -Re-inspection Date:05/30/97 07/07/97 NOH -Board Meeting Date:07/22/97 07/07/97 SOV 07/07/97 POS -Mail Cert#P150-529-113 Officer Cronnon, representing Code Enforcement, having been sworn began to state the qualifications. Respondent was not in Chambers. In response to Chairperson Carlsson, Officer Cronnon said that the City had not received Proof of Service, and asked that the Board postpone this case. MEMBER HOLMES, seconded by MEMBER SKILES, moved to postpone Case No. 97-052, Curtis Atkins, pending Proof of Service, to the August meeting. Motion carried 7-0. 97-055, ELIZABETH S. SALTERS - 801 Sullivan Avenue Cronnon 05/20/97 NOCV -Re-inspection Date:05/30/97 07/08/97 NOH -Board Meeting Date:07/22/97 07/08/97 SOV 07/08/97 POS - Mail Cert#P150-529-115 Officer Cronnon, representing Code Enforcement, having been sworn and stating qualifications, made a statement. She also explained for the record, that violation §158-31 (F) should not have been included on the Notice of Code Violation and Statement of Violations. Respondent has been notified by certified mail and was not in Chambers. MEMBER HOLMES, seconded by MEMBER SHAGNER, moved to find Elizabeth S. Salters, Case No. 97-055, in violation of §115-3 Prohibited acts, §158-31 Design requirements (D), as of June 30, 1997, and be given until July 29, 1997, to correct the violations or be fined $150 a day thereafter. Motion carried 7-0. 97-056, TAKOORDEEN AND NEELA MANGRU - 469 Fort Collins Court Cronnon 05/01/97 NOCV - Re-inspection Date:05/30/97 07/08/97 NOH -Board Meeting Date:07/22/97 07/08/97 SOV 07/08/97 POS -Mail Cert#P150-529-114 Officer Cronnon, representing Code Enforcement, having been sworn and stating qualifications, made a statement. Respondent has been notified by certified mail and was not in Chambers. MEMBER GODEK, seconded by VICE CHAIRPERSON LINEBARIER, moved to find Takoordeen and Neela Mangru, Case No. 97-056, in violation of §108-19 (I), §108-22, §108-23 (E) (2), (J). §108-23 (M) (1), (0). (R) (1 and 2). (V), §108-24 (D), §108-24 (F). §173.60; Standard Plumbing Code 1994, 606.3.4, 606.3.1, Chapter 54-3 (A), as of May 30, 1997, and be given until August 21, 1997, to correct the violations or be fined $100 a day thereafter. Motion carried 7-0. 2 Code Enforcement Board Meeting July 22, 1997 97-057, A. J. BRIENZA- 408 Little Springs Hill Drive Cronnon 07/01/97 NOCV - Re-inspection Date:07/11/97 07/11/97 NOH -Board Meeting Date:07/22/97 07/11/97 SOV 07/11/97 POS - Mail Cert#P882 518 825 MEMBER SHAGNER, seconded by MEMBER HOLMES, moved to continue Case No. 97-057, A. J. Brienza, to the August meeting. Motion carried 6-1. Vice Chairperson Linebarier expressed his objections, and voted "nay." OTHER BUSINESS 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 05/007/97 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 06/24/97 Order of Continuance -22-July-97 07/08/97 NOH -Board Meeting Date:07/22/97 07/08/97 POS - Posting 07/16/97 Notice of Dismissal A Notice of Dismissal was presented to the Board in this case. 97-051, ANTHONY M. CALDARELLA - 710 Malcolm Road Conyers 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 06/24/97 Compliance Order: 07/03/97 or$100 a day 07/10/97 Affidavit of Compliance An Affidavit of Compliance was presented to the Board in this case. In response to Chairperson Carlsson, Code Enforcement Officer Simon explained that they were planning soon to revise the forms. DISCUSSION ON REVISED HEARING RULES Attorney Feeney explained that the Board had received a copy of the Hearing Rules with the proposed changes in extending the time in which a motion for re-hearing must be filed from 10 days to 30 days; and the procedure for amending the Rules. This included who should be present at a meeting to constitute a quorum, and what a minimum number of votes in favor for any proposed amendment should be in order to adopt a proposed amendment. The Board had proposed that any member or alternate member of the Board could propose an amendment in writing 15 days prior to the meeting in which the amendment is considered or simply do it at a public hearing at least 15 days before the next hearing. In order for any amendment to be adopted at a meeting, a majority of seven(7)members eligible to vote must be present. No amendment could be adopted with less than four(4)affirmative votes. Technically,a total of four(4)was sufficient to conduct business. The amendment could be adopted at a meeting if there was a 4-0 vote in favor of the amendment. A 3-1 vote would be insufficient,and anything in excess of five(5)members or more would require a simple majority for adopting. Vice Chairperson Linebarier, seconded by Member Shagner, moved that the Board adopt the revisions of Hearing Rules 1.12 (A) Time (for re-hearing), and Rule 1.16 Amendment, and re-numbering of the old 1.16 to the new 1.17 Forms. Motion carried 7-0. Chairperson Carlsson thanked Attorney Feeney, and expressed his appreciation on the changes in the Rules. 3 COMMENTS City Manager: Absent Code Enforcement Officer Smith: None Code Enforcement Officer Simon: None Code Enforcement Officer Cronnon: None Police Department: None Executive Secretary Seaver announced, for the record, that Case No. 96-066, Ocoee Food Mart, had paid their fine as of July 22, 1997. Also, that Case No. 96-74, Michael A. & Donna R. Keller, the Board has reduced the fine at the May meeting, and the respondent had paid the fine on July 22, 1997. BOARD MEMBERS Attorney Feeney: None Alternate Member Luck: None Member Holmes: 1) Wished Mayor Vandergrift a speedy recovery. 2) Announced that he had been privy enough in listening to a tape of the last meeting, and cautioned the Board members that any comments made away from the microphones could be heard on the tape. Alternate Member Chancey: None Member Shagner thanked Attorney Feeney for doing a great job on the Hearing Rules. Member Skiles: No comment. Member Godek: No comment. Vice Chairperson Linebarier: No comment. Chairperson Carlsson wished a speedy recovery for the Mayor, and thanked the Code Enforcement Officers for doing a good job. ADJOURNMENT At 8:14 i.m., the -;ting was adjourned. APPROVED: Attest: ,„L/ 4 A 1 She Seaver, E u ive Secretary If.nk Carlsson, Chairperson gialdLe Lewis, erk/Stenographer c:\all_data\Code Enf Bd\ce072297.M.doc Lr