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Home My WebLink About04-23-1996 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON April 23, 1996 CALL TO ORDER Chairman Sills called the regular meeting of the Ocoee Board of Code Enforcement to order at 7:30 p.m. in the Commission Chambers of City Hall and led in the pledge of allegiance. Member Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Chestney, Linebarier, Lenko, Santo, Shagner, and Alternate Members Holmes and Skiles. Also present were Attorney Feeney, Building Official Flippen, Code Enforcement Officers Braddy and Simon, Deputy Clerk Seaver and Clerk/Stenographer Lewis. ABSENT: None APPROVALS This item consisted of the Minutes of the March 26, 1996 Code Enforcement Board meeting. Member Lenko, seconded by Member Shagner, moved to approve the Minutes of the March 26. 1996 Code Enforcement Board meeting as presented. Alternate Member Skiles asked for a correction under BOARD MEMBER comments on page 11, and explained that he had made no comments, that Alternate Member Holmes had made those remarks, during that part of the meeting. Member Lenko, seconded by Vice Chairman Carlsson, moved to amend the motion "as corrected." Motion carried 7-0. COMMENTS FROM CITIZENS None HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING - The description of the violation(s) and the dates of inspection(s) will be given 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. 96-44, HAROLD A. SCHROEDER 3/25/96 NOCV - Re-inspection Date:4/15/96 4/17/96 NOH - Board Meeting Date:4/23/96 4/17/96 SOV 4/17/96 POS - Mail Cert#P150-535-561 Chairman Sills said for the record that no one was present to represent the case. At the request of Chairman Sills, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Code Enforcement Officer Simon said that Case No. 96-44 referred to the property at 1613 Lady Avenue. On March 6, 1996, Officer Simon had observed a junk vehicle at that location. On March 25, 1996, an NOCV door hanger had been left for the property owner as identified by Orange County Tax Records, Harold A. Schroeder, for violation of City Code, Chapter 165-3 Prohibited Acts: "No person shall keep junk/abandoned vehicles on any public or private property within the City of Ocoee." The vehicle had several flat tires and was not displaying a current license tag. Mr. Schroeder had been given until April 10, 1996 to bring the property into compliance. On April 15, 1996, a re-inspection revealed that the property remained in non-compliance. An SOV and NOH for this Board meeting were sent to the respondent via restricted delivery by Deputy Clerk Code Enforcement Board Meeting April 23, 1996 Seaver. A re-inspection on April 23, 1996 produced a status of compliance. The vehicle had been removed from the property. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Harold A. Schroeder, Case No. 96-44, 1613 Lady Avenue, in violation of City Code, Chapter 165-3, as of April 10, 1996, but in compliance as of April 23, 1996, and that no fine be imposed at this time. Motion carried 7-0. 96-45, MAURICIA FABIAN DEMERAN AND ANA HERNANDEZ FABIAN 2/10/96 NOCV - Re-inspection Date:4/15/96 4/17/96 NOH - Board Meeting Date:4/23/96 4/17/96 SOV 4/17/96 POS - Mail Cert#P150-535-562 Chairman Sills said that, at the request of the City, the Board could not hear Case No. 96-45 as the delivery had been returned "Delivery attempted -unknown." Officer Simon said that the original NOCV had not been returned but the SOV had been returned to the City. The property must now be posted. Member Lenko, seconded by Vice Chairman Carlsson, moved to table Case No. 96-45, Mauricia Fabian Demeran and Ana Hernandez Fabian, to the May 28 Board meeting for a lack of service. Motion carried 7-0. OTHER BUSINESS 96-10, MEER INC. - 121 Olympus Drive 1/09/96 NOCV - Re-inspection Date:2/8/96 2/09/96 NOH - Board Meeting Date:2/27/96 2/09/96 SOV 2/09/96 POS - Mail Cert#P882-518-522 2/27/96 Order of Continuance:3/26/96 3/09/96 NOH 3/18/96 POS - Posting 3/15/96 3/26/96 Given to 4/2/96 or $100 a day 4/03/96 Affidavit of Non-Compliance Chairman Sills said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 96-10 referred to the property at 121 Olympus Drive. A re-inspection on April 22, 1996 revealed that the property remained in non-compliance of Chapter 115-3 Prohibited Acts: "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..." Chapter 153-4 Prohibitions: (A)"... substantial structures within city rights-of-way or easements are prohibited unless approved by the City Commission." Discussion ensued as to whether a pool contractor or a builder had caused the violation, and Attorney Feeney said that as a general rule, if permission is given to anyone to come on the property and they leave junk, that the property owner is held responsible. Officer Simon explained that there had been construction of a building on a vacant lot nearby, and the debris might have been left by the builder. There was no evidence to support this theory. Member Lenko, seconded by Member Linebarier, moved to enter an Order Imposing Fine and Lien against Meer Inc., Case No. 96-10 effective April 3, 1996. Motion carried 7-0. Member Linebarier, seconded by Vice Chairman Carlsson, moved that the Order Imposing Fine and Lien be filed as soon as possible. Motion carried 7-0. 2 Code Enforcement Board Meeting April 23, 1996 96-12, THE RAY HARPER TRUST AGREEMENT 2/14/96 NOCV - Re-inspection Date:1/26/96 2/19/96 NOH - Board Meeting Date:2/27/96 2/19/96 SOV - REPEAT VIOLATION 2/20/96 POS - Mail Cert#P882-518-633 2/27/96 Order of Continuance:3/26/95 3/09/96 NOH 3/18/96 POS - Posted 3/15/96 3/28/96 Order of Dismissal - Not listed as a Repeat Violator A Notice of Dismissal was presented to the Board for this case. Member Linebarier expressed concern about the City dismissing a case without consulting the Board. Attorney Feeney explained that the City had the right, the power, and the ability to make such a decision. Building Official Flippen said that, in the future, the City will present the Board with written documentation. Member Lenko disagreed with Member Linebarier, and said that the reason for dismissal was on the front of the Notice of Dismissal, and that she did not want to go through the formal proceeding of re-hearing the case. Chairman Sills and Vice Chairman Carlsson agreed with Member Lenko. No action was taken. 96-15, DEACON JONES - 651 LF Roper Parkway 2/12/96 NOCV - Re-inspection Date:2/19/96 2/20/96 NOH - Board Meeting Date:2/27/96 2/20/96 SOV 2/21/96 POS - Mail Cert#P882-518-526 2/27/96 Order of Continuance:3/26/96 3/09/96 NOH - Board Meeting Date:3/26/96 3/11/96 POS - Mail Cert#P882-518-582 3/28/96 Compliance Order-4/2/96 or$50 a day/Paid 4/2/96 4/02/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 96-42, SHIRLEY A. ALLEN - 1002 Ursula Street 1/18/96 NOCV - Re-inspection Date:3/13/96 3/18/96 NOH - Board Meeting Date:3/26/96 3/18/96 SOV 3/18/96 POS - Mail Cert#P882-518-624 3/26/96 Compliance Order - 4/2/96 or $50 a day 4/03/96 Affidavit of Non-Compliance Chairman Sills said for the record that no one was present to represent the case. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Shirley A. Allen, Case No. 96-42, in non-compliance of City Code, Chapter 165-3 Prohibited Acts, as of April 3, 1996, and recommended an Order Imposing Fine and Lien. Motion carried 7-0. ITEM NOT ON THE AGENDA - 96-04, TAWARI, DARTHA - 905 Flewelling Avenue In response to Member Linebarier, Code Enforcement Officer Braddy said that the Board had agreed at the last meeting that until a tenant was ready to move in, the case would not be returned to the Board. Officer Braddy said that the respondent was working on the property but she could not show the property had come into compliance until she could physically enter the home. DISCUSSION: MEMORANDUM FROM ATTORNEY FEENEY Attorney Feeney explained that during discussion period at the January 23, 1996 Code Enforcement Board meeting, Mayor Vandergrift had raised the issue of problems arising where a new tenant applies for city water, the property was inspected, and violations are found. On some occasions city water service is provided even though violations exist when the tenants L'' 3 Code Enforcement Board Meeting April 23, 1996 move in. Several board members had agreed with the Mayor that this created a problem in that a tenant could potentially deny access to the landlord, even though the landlord is responsible for maintaining minimum standards on the property. Mr. Feeney said that he had been asked to review and propose potential alternatives to the existing code for the board to consider as recommendations to the City Commission to address these problems. The February 14, 1996 memorandum addressing this issue had been distributed at the February meeting. Chairman Sills had asked that the item appear on the April board agenda as Building Official Flippen had been absent from the meeting. The item had been tabled for this Board meeting. Having further reflected on the legalities of the issues addressed in his February 14 memorandum, Attorney Feeney said that the City could not use the right to water and sewer hookup to enforce the City Code. There was no legal precedent, no case law, for the City to deny someone water and sewer hookup. The City already had normal police powers for major violations of the Minimum Standards Code. Building Official Flippen reported that City Attorney Rosenthal had looked very hard at this aspect while writing the ordinance, and Mr. Flippen recommended leaving the ordinance as it is as he believed that Mr. Rosenthal had done a good job. Officer Simon said that the ordinance was very specific. Lengthy discussion ensued but the Board took no action. COMMENTS City Manager: None Code Enforcement Officer Braddy: None Code Enforcement Officer Simon: None Police Department: None BOARD MEMBERS Member Linebarier: None Member Lenko: None Member Shagner: None Member Chestney: None Vice Chairman Carlsson referred to a man on Silver Star Road who ran a yard sale. Member Santo thanked Attorney Feeney for doing an excellent job on the report. Alternate Member Holmes: None Alternate Member Skiles: None Attorney Feeney: None Chairman Sills: None Commissioner Anderson said that he was happy to be (at the meeting). 4 Code Enforcement Board Meeting April 23, 1996 ADJOURNMENT The meeting was adjourned at 8:42 p.m. APPROVED: Attest: i_ �l111 She Seaver, 'i a Juty Clerk •J. Sills, Chairman J • Lewis, Clerk/Stenographer L 5