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HomeMy WebLinkAbout07-23-1996 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON July 23, 1996 CALL TO ORDER Chairman Carlsson called the regular meeting of the Ocoee Code Enforcement Board to order at 7:33 p.m. in the Commission Chambers of City Hall and led in the pledge of allegiance. Member Santo led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Carlsson, Members Holmes, Santo, Shagner, and Alternate Members Godek and Skiles. Also present were Attorney Feeney, Code Enforcement Officers Conyers and Simon, Deputy Clerk Cronnon, and Clerk/Stenographer Lewis. ABSENT: Vice Chairman Linebarier, Members Chestney and Lenko (all of the absences were excused). APPROVALS This item consisted of the Minutes of the June 25, 1996 Code Enforcement Board meeting. Member Shagner, seconded by Member Santo, moved to approve the Minutes of the June 25, 1996 Code Enforcement Board meeting as presented. Motion carried 5-0. ,,. COMMENTS FROM CITIZENS Paul Troxel, 111 Conch Key Court, Pioneer Key, inquired at the end of the meeting about garbage cans being left out in their area; also, about awnings, roofs, etc. Chairman Carlsson cautioned Mr. Troxel about addressing any concern that might be brought before the Board,and suggested that he contact Public Works about the garbage cans and the Building Department for other violations. 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 Chairman Carlsson, Code Enforcement Officers Conyers and Simon were sworn in by Deputy Clerk Cronnon. 96-53, BASE OPERATION MANAGEMENT SERVICES INC. 6/19/96 NOCV - Re-inspection Date:7/02/96 7/08/96 NOH - Board Meeting Date:7/23/96 7/08/96 SOV 7/08/96 POS - Mail Cert#P150-535-655 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 96-53 referred to the property at 20 E. McKey Street. Officer Simon testified that after receiving a complaint of accumulation of tree limbs, branches, etc., she had investigated and found that the conditions did exist. On June 19, 1996, Code Enforcement Board Meeting *ow July 23, 1996 an NOCV was sent to the property owner as identified by Orange County Tax Records, Base Operation Management Services, Inc., for violation of City Code, Chapter 115-3;Prohibited Creation: "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." The property owner was given until June 28, 1996 to bring the property into compliance. Officer Simon said that on June 28, the Police Department had contacted Code Enforcement about another complaint regarding the conditions at this address. A re-inspection of the property on July 2, 1996 produced a status of non-compliance, and an SOV and NOH to this Board meeting were sent to the respondent, via restricted delivery, by Board Clerk Cronnon. For the record and in response to Chairman Carlsson, Ms. Simon said that the SOV quotes Chapter 115-3 correctly, however, the SOV cited the respondent in a typographical error for violation of "propane tank and tires." A video of the property in violation was presented for review by the Board. Officer Simon said that most of the yard had been cleaned with a remainder of large limbs and tree trunks. The respondent had made no contact with the City. Member Shagner, seconded by Member Santo, moved to find Base Operations Management Services, Inc., Case No. 96-53, 20 E. McKey Street, in non-compliance of Chapter 115-3, Prohibited Creation, as of June 28, 1996, and be given until July 30, 1996 to come into compliance or be fined $50 a day thereafter. Motion carried 5-0. 96-54, ALICIA F. ROBERTS 7/10/96 NOCV - Re-inspection Date:7/15/96 7/15/96 NOH - Board Meeting Date:7/23/96 7/15/96 SOV 7/16/96 POS - Mail Cert#P150-535-658 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 96-54 referred to the property at 815 Apricot Drive. Officer Simon said that the Board could not hear Case No. 96-54 due to non Proof of Service. Member Holmes, seconded by Member Santo, moved at the City's recommendation, to continue Case No. 96-54, Alicia F. Roberts, to the August Board meeting. Motion carried 5-0. 96-55, PARREYON BRATCHER 6/19/96 NOCV - Re-inspection Date:7/15/96 7/15/96 NOH - Board Meeting Date:7/23/96 7/15/96 SOV 7/16/96 POS - Mail Cert#P150-535-659 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that the City requested that Case No. 96-55, Parreyon Bratcher, be continued to the next meeting. Member Shagner, seconded by Member Holmes, moved at the request of the City to table Case No. 96-55, Parreyon Bratcher, until the August Board meeting. Motion carried 5-0. 96-56, DAVID & CHRISTINA STAATS 6/28/96 NOCV - Re-inspection Date:7/15/96 7/15/96 NOH - Board Meeting Date:7/23/96 7/15/96 SOV 7/16/96 POS - Mail Cert#P150-535-657 Chairman Carlsson said for the record that no one was present to represent the case. Code 2 Code Enforcement Board Meeting iirow July 23, 1996 Enforcement Officer Conyers said that Case No. 96-56 referred to the property at 103 Security Circle. Officer Conyers testified that he had received a complaint on June 27, 1996, and upon investigation had observed miscellaneous trash and debris in the yard. Also, the back yard was overgrown and included a refrigerator and box springs. Skirting was missing from the home. On June 28, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, David & Christina Staats, for violation of City Code, Chapter 115-2: Creation Prohibited: "No person shall dump or cause to be dumped or place or cause to be placed on any lands or premises within the city any nuisance and menace to public health." 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 plant life on property... Excessive weed or grass growth is prohibited and declared to be a public nuisance and unlawful..." Chapter 108-23 B Skirting: "Existing skirting shall be maintained free from broken or missing sections,pieces or cross members. Skirting shall be securely attached..." The property owner was given until July 12, 1996 to bring the property into compliance, and a re-inspection on July 15, 1996 produced a status of non-compliance. On July 15, 1996, an SOV and NOH to this Board meeting were sent to the respondent, via restricted delivery, by Board Clerk Cronnon. A re-inspection on July 23, 1996 revealed the property was still in violation of these Codes. A video of the property in violation was presented for review by the Board. Officer Conyers explained that the refrigerator and box springs had been removed. The skirting was still missing and trash and debris remained in the yard. Discussion ensued about the violations. Member Lie Shagner, seconded by Member Godek, moved to find David & Christina Staats, Case No. 96- 56, 103 Security Circle,in non-compliance of Chapter 115-2, Creation Prohibited, Chapter 115- 5 Excessive Weed or Grass Growth, and Chapter 108-23 B Skirting, as of July 12, 1996 and be given until August 6, 1996 to come into compliance or be fined $50 a day thereafter. Motion carried 5-0. 96-57, JOHN W. SKIFFINGTON C/O NADA WILKINSON 6/14/96 NOCV - Re-inspection Date:7/15/96 7/15/96 NOH - Board Meeting Date:7/23/96 7/15/96 SOV 7/16/96 POS - Mail Cert#P150-535-660 Code Enforcement Officer Simon said that Case No. 96-57 referred to the property at 59 Periwinkle Key Drive. Officer Simon testified that after receiving complaints about the structure at the address, she had conducted an inspection and found the property in extreme sub- standard conditions. Enforcement records revealed that the property owner had never been notified of the conditions of the property. Upon contacting a former Code Enforcement Officer (CEO) who had worked the prior case she ascertained that there had been no verbal contact with the owner or intent to establish that the property owner had knowledge of the property conditions. After being informed by the former CEO that there had been no verbal or written contact with the property owner, Officer Simon stated that she initiated Code Enforcement proceedings. On June 14, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, John W. Skiffmgton c/o Nada Wilkinson, for violation of City Code, Chapter 108-19: Minimum standards for basic equipment and facilities: "No person shall occupy as owner-occupant or lease or sublet to another for occupancy any dwelling or dwelling unit designed or intended to 3 Code Enforcement Board Meeting lbw July 23, 1996 be used for the purpose of living, sleeping, cooking and/or eating therein nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements:" Chapter 108-19 through Chapter 108- 24, Minimum Standards Code:that addressed ventilation, windows, screens, exterior walls, interior walls, roof, and strucutre, plumbing, and electrical." The observation had been that the trailer on the lot had deteriorated, that it was unsafe, unsecured, and was unfit for occupancy. It did not have functional doors and windows, and was open to children, animals, and transients. The respondent was given until July 20, 1996 to bring the property into compliance. Officer Simon said that on July 17, 1996, Ms. Wilkinson had contacted her to request an extension so that she could remove the structure from the property. Ms. Wilkinson was given until July 15, 1996, a 30 day extension, to bring the property into compliance. At the end of June, Ms. Wilkinson contacted Officer Simon that a neighbor had bought the trailer and would be removing it. Ms. Simon said that she had advised the respondent that she would be responsible for removing the trailer by July 15. A re-inspection on July 15, 1996 produced a status of non-compliance, and an SOV and NOH to this Board meeting were sent to the respondent, via restricted delivery, by Board Clerk Cronnon. Ms. Wilkinson had notified her on July 17, 1996, that she was having problems removing the trailer. Ms. Simon had recommended that the respondent appear before the Board. A re-inspection on July 23, 1996 revealed the property in non-compliance. A video of the property in violation was reviewed by the Board for this case. Nada Wilkinson, 7549 Fincastle Way, Orlando 32822, was sworn in by Deputy Clerk Cronnon, who testified that her husband's family had intentions of tearing down the trailer on the weekends. She said that a gentleman who lived nearby had wanted to buy the trailer for salvage, and he would have it out before the compliance date. After receiving a letter from the City saying that it had not been done, she had gone to the property and learned via a neighbor that the gentleman was in jail on serious charges. Ms. Wilkinson said that the contract had been broken, and an attorney had informed her that it was again up to them to get rid of the trailer. Ms. Wilkinson requested additional time to remove the trailer. Chairman Carlsson expressed concern about health hazards, the insulation, and the danger in the trailer. Member Holmes said that as he was a co-worker of Ms. Wilkinson he would abstain from voting. Discussion ensued about the ownership of the property, and while Mr. Skiffington, the deceased husband of Ms. Wilkinson, had owned the property, Ms. Wilkinson said that she was the owner of the trailer. Member Skiles, seconded by Member Shagner, moved to find John W. Skiffin.ton c/o Nada Wilkinson Case No. 96-57 59 Periwinkle Ke Drive in non-com'Hance of Chapter 108-19 Minimi}m Standards for basic equipment and facilities, and Chapter 108-19 throw w h Cha'ter 108-24 as of Jul 15 1996 and be .iven until Au. st 22 1996 to come into compliance or be fined $100 a day thereafter. Motion carried 5-0. Ms. Wilkinson inquired about closing the drain pipe at the street when the trailer was removed, and Chairman Carlsson suggested that that she contact the City about the problem. 4 Code Enforcement Board Meeting *. July 23, 1996 96-58, SARAH E. RICHARDS ESTATE CIO CHARLES GREEN 6/10/96 NOCV - Re-inspection Date:7/15/96 7/16/96 NOH - Board Meeting Date:7/23/96 7/16/96 SOV 7/16/96 POS - Mail Cert#P150-535-674 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 96-58 referred to the property at 1207 Flewelling Avenue. Officer Simon testified that on June 10, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Sarah E. Richards Estate c/o Charles Green, for violation of City Code, Chanter 108-23:(D)Exterior Walls: "Every exterior wall shall be free of holes, breaks, loose or rotting boards etc...(E) Roofs: "All portions, additions or sections of a roof, including but not limited to fascia, eaves, soffit, sheathing, rafter tails etc...in accordance with common building practices. No item shall display signs of deterioration, abuse etc....,.. or cause damage to the immediate area or roof structure that could allow dampness or admit rain to the interior of that building." (I) Windows: "Every window shall be substantially weathertight, watertight and rodentproof and shall be kept in sound working condition and good repair." 108-24 Sanitation Reouirements: (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 open storage of rubbish etc.. It shall the duty etc.. of owner etc... to remove from the premises all such items etc. including but not limited to weeds, dead trees, trash, garbage, etc..." The observation had been that the front of house showed extreme signs of deterioration, rotted wood, exterior walls did not meet the roofline, and the structure was open to the elements. The interior and roof were in need of repair. Windows were broken. There was trash in an overgrown yard. The property owner was given until July 21, 1996 to come into compliance. There had been no contact from the property owner but a local realtor had advised her that the property was in a process of being %re foreclosed due to back taxes. She had verified on July 15, 1996 through Orange County Tax Records and the Recording Department to this effect, and verified that it was still in the name of Sarah E. Richards Estate, that the property had not been foreclosed on, nor had any foreclosure proceedings been filed at all. On July 16, 1996, an SOV and NOH to this Board meeting were sent to the respondent, via restricted delivery, by Board Clerk Cronnon. A re- inspection of the property on July 23, 1996 produced a status of non-compliance. Proof of Service had been obtained on July 17, 1996. A video of the property in violation was presented to the Board for this case. Member Sha er seconded b Member Santo moved to find Sarah E. Richards Estate c/o Charles Green, Case No. 96-58, 1207 Flewelling Avenue, in non-compliance of Chapter 108-23 (D) Exterior Walls, (E) Roofs, ((I) Window, Chapter 108-24 Sanitation Requirements (D Care of Premises, as of July 21, 1996 and be given until July 30, 1996 to come into compliance or be fined $100 a day thereafter. Motion carried 5-0. OTHER BUSINESS 96-45, MAURICIA FABIAN DEMERAN AND ANA HERNANDEZ FABIAN - 1006 Sal Street 2/10/96 NOCV - Re-inspection Date:4/15/96 4/17/96 NOH - Board Meeting Date:4/23/96 5 Code Enforcement Board Meeting l,,,,, July 23, 1996 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 - POS - Posting 6/25/96 Compliance Order:7/1/96 or $50 per day thereafter 7/1/96 Affidavit of Non-Compliance An Affidavit of Compliance was presented to the Board for this case. (Clerk's Note:In error, Chairman Carlsson said that an Affidavit of Compliance (rather than an Affidavit of Non-Compliance) had been presented in Case No. 96-45. See the August, 1996 Code Enforcement Board agenda.) 96-50, GOSNELL NELSON ROBIN, SR AND HELEN ELIZABETH GOSNELL - 613 Sherwood Oaks Circle 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#P150-535-585 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 6/25/96 Violation Order 6/25/96 Compliance Order:7/1/96 or $50 per day thereafter. 7/1/96 Affidavit of Non-Compliance An Affadavit of Compliance was presented to the Board for this case. (Clerk's Note:1n error, Chairman Carlsson said that an Affidavit of Compliance (rather than a Affidavit of Non-Compliance) had been presented in Case No. 96-50. See the August, 1996 Code Enforcement Board agenda.) 96-51, ARMANDO BARAJAS - 87 Sand Dollar Key Drive 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 6/12/96 POS - Mail Cert#P150-535-586 6/25/96 Compliance Order:7/1/96 or $100 per day thereafter 7/1/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 96-52, LYNDELL N. FREEMAN - 2068 Cassingham Circle 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 6/25/96 Compliance Order:7/2/96 or $100 per day thereafter 7/2/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 96-49, HALLMARK BUILDERS INC. - 2886 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#P150-535-584 Code Enforcement Officer Simon testified that Case No. 96-49 referred to the property located at 2886 Cullen's Court. Officer Simon said that the property had come into compliance. Chairman Carlsson recommended that the Board table the case until the next Board meeting. Member Shagner, seconded by Member Holmes, moved to table Case No. 96-49, Hallmark Builders Inc., to the August Board meeting. Motion carried 5-0. COMMENTS 6 Code Enforcement Board Meeting 4410, July 23, 1996 City Manager: Absent Code Enforcement Officer Simon: None Code Enforcement Officer Conyers: None Police Department: None Deputy Clerk Cronnon: None Clerk Stenographer Lewis: None BOARD MEMBERS Alternate Member Skiles: None Member Holmes: None Alternate Member Godek: None Member Shagner: None Member Santo: None Chairman Carlsson commended the inspectors on doing a good job. In response to Chairman Carlsson's inquiry about a case that had cited Chapter 19 through 24 of the City Code, Attorney Feeney said that there could be violations within all of these sub chapters. Attorney Feeney: None ADJOURNMENT Member Santo, seconded by Member Shagner, moved to adjourn the meeting at 8:30 p.m. Motion carried unanimously. APPROVED: Attest: 6.r Athena Cronnon, Deputy Clerk ank Carlss , Chairman J ie Lewis, Clerk/Stenographer *ray 7