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Home My WebLink About06-25-1996 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON June 25, 1996 CALL TO ORDER Acting Chairman 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. Member Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Acting Chairman Carlsson, Members Chestney, Holmes, Linebarier, Lenko, and Alternate Members Godek and Skiles. Also present were Attorney Feeney, Building Official Flippen, Code Enforcement Officers Conyers and Simon, Deputy Clerks Seaver and Cronnon, and Clerk/Stenographer Lewis. ABSENT: Members Santo and Shagner (both absences were excused). APPROVALS This item consisted of the Minutes of the May 28, 1996 Code Enforcement Board meeting. Member Lenko, seconded by Member Chestney, moved to approve the Minutes of the May 28, 1996 Code Enforcement Board meeting as ,resented. Motion carried 7-0. COMMENTS FROM CITIZENS Mayor Scott Vandergrift, City of Ocoee, announced that former Mayor Lester Dabbs had been selected as a member to serve on the Orange County Tax Equalization Board. Mayor Vandergrift had been chosen as an Alternate Member. Building Official Flippen introduced Randy Conyers, a new Code Enforcement Officer with the City, and Chairman Carlsson extended a welcome to Mr. Conyers. 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. 96-45, 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 4/23/96 Order of Continuance: 5/28/96 5/6/96 NOH - No Proof of Service 5/28/96 Order of Continuance:6/25/96 Meeting 6/12/96 NOH - Board Meeting Date:6/25/96 6/14/96 POS - POSTING Chairman Carlsson said that, for the record, no one was present to represent the case. At the request of Chairman Carlsson, Code Enforcement Officers Conyers and Simon were sworn in by Deputy Clerk Cronnon. Code Enforcement Officer Simon said that Case No. 96-45 referred to the property at 1006 Sal Street. On January 16, 1996, Officer Simon testified that she had observed a green truck and a blue vehicle at the above address. Neither vehicle `►r displayed a current license tag. A door hanger NOCV was left for Mauricia Fabian DeMeran Code Enforcement Board Meeting June 25, 1996 and Ana Hernandez Fabian for violation of City Code, Chapter 165-3 Prohibited Acts: "No person shall keep junk/abandoned vehicles within the City of Ocoee." A re-inspection of the property on January 24, 1996 produced a status of non-compliance. On February 10, 1996, an NOCV was sent to the respondent. The property owner had been given 15 days to come into compliance. A re- inspection on April 15, 1996 revealed that the green truck was gone but the blue vehicle had been covered with a tarpaulin and was still on the property. Officer Simon said that no one had contacted the City regarding the case. On April 17, 1996, the Board Clerk sent, via restricted delivery, an SOV and NOH to the April Board meeting. Due to lack of Proof of Service, the Board ordered the case to be continued until the May meeting. The restricted delivery was returned and the case was continued to this meeting. On June 14, 1996, Officers Conyers and Simon physically posted the property with an NOH. On June 25, 1996, a re- inspection produced a status of non-compliance. Member Chestney, seconded by Member Skiles, moved to find Mauricia Fabian DeMeran and Ana Hernandez Fabian, Case No. 96-45, 1006 Sal Street, in non-compliance of City Code, Chapter 165-3, as of February 26, 1996, and be 'iven until Jul 1 1996 to come into com,fiance or be fined '.50 ser da thereafter. Motion carried 7-0. 96-49, HALLMARK BUILDERS, INC 5/07/96 NOCV - Re-inspection Date:5/20/96 5/21/96 NOH - Board Meeting Date:5/28/96 5/21/96 SOV 5/21/96 POS - Mail Cert#P150-535-584 5/28/96 Order of Continuance:6/25/96 Meeting 6/12/96 NOH - Board Meeting Date:6/25/96 6/13/96 POS - MAIL CERT #P150-535-587 For the record, no one was present to represent the case. Code Enforcement Officer Simon stated that the City was suspending Case No. 96-49 that referred to the property located at 2886 Cullen's Court. Attorney Feeney explained that upon his research into the matters that it was unwise to proceed with this case. Further explaining the bankruptcy process, he cautioned the Board on taking any aggressive action whatsoever without permission of the bankruptcy judge. He said he had contacted the attorney for the debtor about cleaning the property. Chairman Carlsson suggested that the City send a copy (?) to the respondent's attorney notifying them of the violation, that the Board had congenially said that they will not place a fine until they understand about the bankruptcy but the Board would like to see it cleaned, and Building Official Flippen said that the City had spoken with Mr. Nutt, a builder with Hallmark, who has said that they will be cleaning the property. The City will not renew the permits until they have come into compliance. In response to Member Chestney, Attorney Feeney said that the respondent could be treated as a repeat offender if found in violaton for the same property. He also said that he will verify if one must actually fine someone in order to cite a repeat violation. Member Linebarier, seconded by Member Chestney, moved to table Case No. 96-49, Hallmark Builders, Inc., until the July meeting because of the bankruptcy proceedings. Motion carried 7-0. 96-50, GOSNELL NELSON ROBIN, SR AND HELEN ELIZABETH GOSNELL 5/07/96 NOCV - Re-inspection Date:5/20/96 5/21/96 NOH - Board Meeting Date:5/28/96 2 Code Enforcement Board Meeting June 25, 1996 5/21/96 SOV 5/21/96 POS - Mail Cert#P150-535-585 5/28/96 Order of Continuance:6/25/96 Meeting 6/11/96 NOH - Board Meeting Date:6/25/96 6/11/96 POS - DELIVERY Chairman Carlsson said that, for the record, no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 96-50 referred to the property at 613 Sherwood Oaks Circle. Officer Simon testified that a complaint of a motor home in the front yard and a fence being erected without a permit had been received by the Building Department. On May 6, 1996, Ms. Simon investigated the complaint and found the property to be in violation of City Ordinances. On May 7, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Nelson Robin Gosnell, Sr. and Helen Elizabeth Gosnell, for violation of City Code, Chapter 51-21:Permit Required: "It shall be a violation of this Article for any person to do any building construction, repair work, alteration or remodeling of any building within the scope of this Article without first obtaining a permit therefore from the Building Department." Also, Land Development Code, Article VI H:5(b): "Not more than one camping or travel trailer etc., shall be permitted, and said trailer shall not exceed twenty four (24)feet in length or eight (8)feet in width; etc." The Building Department records revealed that no permit had been issued for the erection of the fence. The respondents were given until May 15, 1996 to bring the property into compliance. A re-inspection on May 20 revealed that the property remained in non-compliance. On May 21, 1996, an SOV and NOH for the May Board meeting were sent to the respondent via restricted delivery by Deputy Clerk Seaver. The Board ordered the case to be continued to the June meeting due to a lack in Proof of Service. The restricted delivery was returned unclaimed to the City on June 6, 1996. On June 11, 1996, Officers Conyers and Simon hand delivered the NOH and SOV to the property owner, Helen Gosnell. To date, no permit has been obtained for the fence that has been erected around the property. Ms. Simon said that the property owner had contacted her on several occasions regarding a permit and had stated that she was attempting to obtain the survey needed to obtain a building permit from the mortgage company. The trailer was being stored behind the building line. Member Chestney, seconded by Member Holmes, moved to find Nelson Robin Gosnell, Sr. and Helen Elizabeth Gosnell, Case No. 96-50, 613 Sherwood Oaks Circle, be found in non-com'fiance as of Ma 15 1996 of Cit Code Cha•ter 51-21 Permit Re•uired and be iven until Jul 1 1996 to obtain a permit to erect a fence or be fmed ',50 a da until compliance and be found in cotn'liance as of June 25, 1996 of Article VI H: 5 b). Motion carried 7-0. 96-51, ARMANDO BARAJAS 6/04/96 NOCV - Re-inspection Date:6/10/96 6/12/96 NOH - Board Meeting Date:6/25/96 6/12/96 SOV 6/12/96 POS - Mail Cert#P150-535-586 Chairman Carlsson said that, for the record, no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-51 referred to the property located at 87 Sand Dollar Key Drive. Officer Conyers said that, on May 28, 1996, he and Officer Simon had observed a washing machine on the front porch at the property. The washing machine had water run-off going on the ground and an electrical extension cord from the front window running to the machine. On June 4, 1996, an NOCV was sent to the property owner 3 Code Enforcement Board Meeting (orsy June 25, 1996 as identified by Orange County Tax Records, Armando Barajas, for violation of SBCCI- STANDARD PLUMBING CODE: 413 CONNECTIONS TO PLUMBING SYSTEMS REQUIRED: 413.1 GENERAL: "All plumbing fixtures,drains, appurtenances and appliances used to receive or discharge liquid wastes or sewage shall be connected properly to the drainage systems of the building or premises, in accordance with the requirements of this code." The respondent was given until June 9, 1996 to bring the property into compliance. A re-inspection on June 10, 1996 produced a status of non-compliance. On June 12, 1996, an SOV and NOH for this Board meeting were sent to the respondent via restricted delivery by Deputy Clerk Seaver. A re-inspection on June 25, 1996 produced a status of non-compliance. Discussion ensued about tenant/ownership and the violation. Member Chestney, seconded by Member Godek, moved to find Armando Barajas, Case No. 96-51, 87 Sand Dollar Key Drive, in non-compliance as of June 10, 1996 of SBCCI-Standard Plumbing Code: 413 Connections to plumbing systems required:413.1 General, and give the respondent until July 1, 1996 (to come into compliance) or be fined $50 a day thereafter. Member Holmes, seconded by Member Lenko, moved to amend the motion by increasing the fine to $100 a day thereafter. Motion carried 7-0. Vote was then taken on the original motion as amended which carried 7-0. 96-52, LYNDELL N. FREEMAN 6/05/96 NOCV - Re-inspection Date:6/17/96 6/18/96 NOH - Board Meeting Date:6/25/96 6/18/96 SOV 6/21/96 POS - Mail Cert#P882-518-786 Chairman Carlsson said that, for the record, no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-52 referred to the property located at 2068 Cassingham Circle. Officer Simon said that she had conducted an inspection after receiving a complaint of a very large, red boat being stored in the front yard of the property. The inspection revealed that there was a large boat on a trailer in the front yard at the building line on the East side of the front yard, and that there was also another trailer on the West side of the front yard with equipment on it. On June 5, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Lyndell N. Freeman, for violation of Article VI 6-4(H)5-b: "Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed twenty-four (24)feet in length or eight (8)feet in width; and further provided that said trailer shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line. A camping or travel trailer, or camper vehicle, shall not be occupied either temporarily or permanently while it is parked or stored in any residential district, except when it is located in an authorized mobile home park." The respondent was given 10 days to come into compliance. Officer Simon said that Ms. Freeman had contacted her to say that the one hauling trailer had been removed prior to the re-inspection, and that the boat had been removed to the rear of the property. Ms. Simon advised the respondent that the trailer appeared to exceed the City's 24 foot limit, by ordinance, and could not be stored on the property at all. She had also advised Mr. Freeman that if he did not have a legal description showing the length of the trailer, that 4 Code Enforcement Board Meeting June 25, 1996 she would need to measure the length of the trailer to close the case and to verify that the trailer was under 24 feet, and that it could be stored on the property. After not hearing any further from Mr. Freeman, on June 17, 1996 a re-inspection of the property verified that the one trailer with the equipment had been removed but the boat was still being stored on the property in the rear yard. On June 18, 1996, an SOV and NOH for this Board meeting were sent to the respondent via restricted delivery by Deputy Clerk Seaver. On June 19, 1996, Mr. Freeman requested an appointment for a re-inspection to measure the trailer. At Officer Simon's request, Officer Conyers testified that he had contacted the respondent on June 20th, and determined, upon measurement of the trailer from the tongue to the propeller, that it was 28'5". He said that Ms. Freeman had stated that they believed they could cut the tongue to fit the requirements but as of June 25, 1996, the property remained in non-compliance. Discussion ensued about the interpretation and point of the measurement in accordance to the City Code. Member Lenko, seconded by Member Linebarier, moved to find Lyndell N. Freeman, Case No. 96-52 in non- com•Hance as of June 15 1996 of Article VI 6-4 H 5-b and be iven until Jul 2 1996 to come into compliance or be fined $100 a day thereafter. Motion carried 7-0. OTHER BUSINESS 96-48, SONNY NGUYEN - 2883 Cullen's Court 5/07/96 NOCV - Re-inspection Date:5/20/96 5/21/96 NOH - Board Meeting Date:5/28/96 5/21/96 SOV 5/21/96 POS - Mail Cert#P150-535-583 5/28/96 Compliance Order:6/24/96 or $100 a day 6/10/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. ELECTIONS Chairman Carlsson opened the floor for nominations of Chairman, and Member Chestney, seconded by Member Lenko, moved to nominate Mr. Frank Carlsson as Board Chairman. Member Skiles moved to nominate Mr. John Linebarier, who declined, as Board Chairman. Motion died for a lack of a second. Vote was then taken on the motion for Mr. Carlsson as Board Chairman. Motion carried 7-0. Chairman Carlsson opened the floor for nominations of Vice-Chairman. Chairman Carlsson, seconded by Member Chestney, moved to nominate Mr. John Linebarier as Board Vice- Chairman. Motion carried 7-0. COMMENTS Mayor Vandergrift invited everyone to the Star-Lite drive-in on Friday evening. He also congratulated the Board on a well run election. Commissioner Anderson: None City Manager: None Code Enforcement Officer Conyers: None Code Enforcement Officer Simon: None 5 Code Enforcement Board Meeting June 25, 1996 Police Department: None Deputy Clerk Seaver: None Deputy Clerk Cronnon: None BOARD MEMBERS Member Hohnes: None Member Lenko: None Member Linebarier expressed objection on the method that the City Commission had used in selecting an Alternate Member to full Member status. Lengthy discussion ensued, and Mr. Linebarier recommended that political districting of this Board be disregarded when considering new members. Member Chestney: None Alternate Member Skiles: None Alternate Member Godek: None Chairman Carlsson, bearing in mind possible legal ramifications, cautioned the Board Members, when speaking, to carefully select their words. Attorney Feeney: None ADJOURNMENT The meeting was adjourned at 8:54 p.m. APPROVED: Attest: CLZA- c LA& LA,\%fes � � . - Athena Cronnon, Deputy ut Clerk Fnnk Carlsson,�Acti, ng Chairman J d'- Lewis, Cler' " enographer ,, 6