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HomeMy WebLinkAbout09-24-1996 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON September 24, 1996 CALL TO ORDER 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: Chairman Carlsson, Vice Chairman Linebarier, Members Chestney, Holmes, SANTO Lenko, tShagner, and Alternate Members Godek and Skiles. Also present were Attorney O'Quinn, Building and Zoning Official Flippen, Code Enforcement Officers Conyers and Simon, Deputy Clerk Cronnon, and Clerk/Stenographer Lewis. ABSENT: None APPROVALS This item consisted of the Minutes of the August 27, 1996 Code Enforcement Board meeting. Member Holmes corrected Case No. 96-64 on page 3 and 96-65 on page 4 by removing "...for the record, that no one was present..." as a respondent or representative had been present in those particular cases. Mr. Holmes also asked that the minutes reflect that the respondents in Case No. 96-72 and 96-73 were advised that if they were found in violation again, they could become a repeat violator. Vice Chairman Linebarier, seconded by Member Shagner, moved to a. .rove the Minutes of the Au. st 27 1996 Code Enforcement Board meetin. as corrected. 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. Vice Chairman Linebarier, seconded by Member Chestney, at the request of two respondents that were present who had other business that they must conduct this evening, moved that under Item V., Case Nos. 96-10 and 96-58, be changed to AA and BB of Item IV, and the other re- lettered consecutively. Motion carried 7-0. 96-10, MEER INC. 1/9/96 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 Code Enforcement Board Meeting September 24, 1996 3/18/96 POS - Posting 3/15/96 3/26/96 Compliance Order:Given to 4/03/96 Affidavit of Non-Compliance 4/2/96 or $100 a day 4/23/96 Order Imposing Fine & Lien:Effective 4/3/96 4/22/96 Affidavit of Compliance: Amount Due:$1900 Alexander C. Mackinnon, attorney, upon being sworn in by Deputy Clerk Cronnon, said that he was representing Meer, Inc., a developer of a subdivision known as Lake Olympia Club. He said that Meer, Inc. was not building any homes or engaging in any activity in Lake Olympia Club, that it merely had 5 to 10 lots that it has not yet sold. The citation had evolved around one mound of dirt that had been on Lot 18 which still belongs to Meer, Inc., however, they had never put the dirt on the lot. He said that they had been notified by the City, and Meer, Inc., had tried to track down the builder, and that they had done everything they could to try to get the builder to remove the dirt. They had been unsuccessful but had then removed the dirt themselves with receipt for the service. Their position was that they had not put it there, when notified they had made good faith effort to try to go to the person that was responsible for putting it there. Attorney Mackinnon said that the second matter was in regards to a port-o-let which the citation said was on the lot owned by Meer, Inc. He said that it was their understanding that the port-o-let, again, did not belong to Meer, Inc., that they had not put the port-o-let there, and they were not building any houses in Lake Olympia Club. A builder must have had it as a house job site port-o-let and it was in the right-of-way instead of on the lot. They were not sure which builder had placed the port-o-let on the property as several houses remained under construction. They had made a good faith effort to notify the existing builders. They had not removed it but someone had, but it was not on their lot. Based on that information, Mr. Mackinnon asked if the Board would relieve them of any fines that had been imposed on Lot 18. Chairman Carlsson explained the process of the case, and said that the owner was always responsible for his tenant's actions or for the person, unfortunately, who had dumped the dirt on his property. Louie Guys, 3033 Timpawa Point, Longwood, was sworn in by Deputy Clerk Cronnon, and said he had not attended the hearing when the Board had discussed the case originally because as far as he knew they had never been informed. Lengthy discussion ensued, and Member Chestney, seconded by Member Lenko, moved to deny the respondent's request for re-hearing, and to let the Fine and Lien stand as is. Motion carried 7-0. 96-58, SARAH E. RICHARDS ESTATE C/O CHARLES GREEN (Letter from Thomas A. Donohoe requesting a re-hearing) 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 Code Enforcement Officer Simon said that Case No. 96-58 referred to the property at 1207 2 Code Enforcement Board Meeting September 24, 1996 Flewelling Avenue. Thomas A. Donohoe, P. O. Box 2531, Winter Park 32790, was sworn in by Deputy Clerk Cronnon, and stated that he was in the process of buying the property and had closed on July 8, 1996. Mr. Donohoe presented correspondence regarding the property (Exhibit "A"), and asked the Board to delete the lien. Discussion ensued about who was the owner of the property at the time the lien had been imposed. Member Chestney moved, in light of the situation and the testimony from the respondent, as well from Counsel, that the Board table Case No. 96-58, Sarah E. Richards Estate C/O Charles Green until such time he has had an opportunity to take the matter back to the title people and see if he can get them to resolve this, and if the title company, in fact, does resolve this, then everything is o.k., at that point, whether they do or not, the respondent could bring this back before the Board, and they will re-hear the case. The motion died for a lack of a second. Attorney O'Quinn said that the Code Enforcement Officer had brought to his attention the fact that the lien arose on August 4 which apparently postdates Mr. Donohoe's purchase. Mr. Donohoe again said that he had closed on the property on July 8, he still had not gotten a clear title because it was going through probate. Mr. O'Quinn said if the closing occurred on July 8, and the lien did not attach until August 4th without notice to Mr. Donohoe, he said that he believed there was a legitimate question as to whether he was given proper notice and in fact, due process. In response to Chairman Carlsson, Attorney O'Quinn said that this Board had in its discretion to either rescind the fine completely or to adjust the start date to a date that it felt appropriate. Member Lenko, seconded by Member Santo, moved, in Case No. 96-58, to release the present fine now accumulated but to find them still in non-compliance as of September 24, 1996, and give the owner until October 22, 1996 to come into compliance or be fined $100 a day thereafter. Vice Chairman Linebarier said that he had a problem with the motion as the owner, without a clear title, could not pull work permits to get the work done. In response to Vice Chairman Linebarier, Mr. Donohoe said that he would sell the property before it was repaired. Member Lenko withdrew the motion, and Member Santo withdrew the second. Member Lenko, seconded by Member Chestney, moved to table Case No. 96-58 until the October 22, 1996 meeting until the City could determine the legal owner of the property. Motion carried 7-0. 96-88, GORGONIO RAMIREZ 9/5/96 NOCV - Re-inspection Date:9/16/96 9/17/96 NOH - Board Meeting Date:9/24/96 9/17/96 SOV 9/17/96 POS - Certified#P150-535-599 Chairman Carlsson stated for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-88 referred to the property located at 604 Starke Lake Circle. On September 5, 1996, Officer Simon said that while conducting a 3 Code Enforcement Board Meeting tikw September 24, 1996 re-inspection of the property, she had observed materials piled to the side of the yard. When she had explained to the property owner that he could not store construction materials in the yard, he had told her that they were materials that he used for his drywall business. The observation of this violation had been due to a re-inspection at the property. Also, she had taken along an interpreter in the interest of insuring that he understood why they were present as the property owner was Spanish. The respondent confirmed via the interpreter that he was operating a drywall business out of that location. Ms. Simon said that she then advised him that he needed to obtain a City business license to conduct a business out of that location. She also informed him that he could not store construction materials on the property unless it was related to construction he was doing at that address. Mr. Ramirez had stated he would apply for a permit. To date the respondent has pulled no permit. On September 5, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Gorgonio Ramirez, for violation of Chapter 119-2: "It shall be unlawful for any person to engage in any business, occupation or profession within the city without a license issued herunder..." The respondent was given until September 12, 1996 to come into compliance. On September 16, 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 the Deputy Clerk, and a Proof of Service was received on September 18, 1996. To date, no occupational license has been obtained. The drywall materials have been removed from the yard. No further complaints have been received regarding the business being operated out of that location. Isabel Aguayo, Building Clerk, was sworn in by Deputy Clerk Cronnon, and testified that Mr. Ramirez had not misunderstood the translation from Officer Simon referencing the case. Marie Delaney, 2 Starke Lake Circle, was sworn in by Deputy Clerk Cronnon, and said that she was under the impression that when applying to operate a business that surrounding people must be notified, and they had receive no such notification. She also said that the respondent had four vans which he used for work. Member Lenko, seconded by Member Shagner, moved to find Gorgonio Ramirez, Case No. 96-88 in non-compliance as of September 24, 1996 of Chapter 119-2, and be given until October 1, 1996, to come into compliance or be fined $100 a day thereafter. Motion carried 7-0. 96-91 GORGONIO RAMIREZ 8/5/96 NOCV - Re-inspection Date:9/03/96 9/05/96 NOH - Board Meeting Date:9/24/96 9/05/96 SOV 9/05/96 POS - Mail Cert#P150-535-624 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 96-91 referred to the property at 604 Starke Lake Circle. Officer Simon testified that after receiving several complaints of numerous people living at the above address, she conducted several investigations, and had found miscellaneous 4110, 4 Code Enforcement Board Meeting September 24, 1996 trash in the rear yard, as well as a Pontiac that displayed no tag. She had been unable to verify the complaint that too many people were living at the residence at that time. On August 5, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Gorgonio Ramirez, 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. " Also, Chapter 165-3: Creation Prohibited: "Prohibited acts. No person shall keep junk/abandoned vehicle within the city of Ocoee." The property owner was given until August 23, 1996 to bring the property into compliance. On September 5, 1996, a re-inspection of the property produced a status of non-compliance of Chapter 115-3, however, the respondent was in compliance with Chapter 165-3. On September 5, 1996, Officer Simon said that she and Isabel Aguayo, a bi-lingual Building Clerk, met with the property owner. Ms. Aguayo had translated for Ms. Simon to assure that there was no misunderstanding by the property owner as to what he needed to do to come into compliance. An SOV and NOH to this Board meeting were sent to the respondent, via restricted delivery, by the Board Clerk. A re-inspection on September 24, 1996, noted that improvement had been made to the property. Concrete blocks and other items had not been cleaned. There had been improvement but Officer Simon said that it remained in non- compliance. Member Chestney, seconded by Member Lenko, moved to find Gorgonio Ramirez, Case No. 96-91, 604 Starke Lake Circle, in compliance of Chapter 165-3 as of September 24, 1996 but in non-compliance of Chapter 115-3, Prohibited Creation, as of August 23, 1996, and be given until October 1, 1996 to come into compliance or be fined $100 a day thereafter. Motion carried 7-0. RECESS 8:52 P.M. - 9:00 P.M. 96-75, GLENDA H. KELLY 7/29/96 NOCV - Re-inspection Date:8/12/96 8/14/96 NOH - Board Meeting Date:8/27/96 8/14/96 SOV 8/14/96 POS - Certified#P882-518-809 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-75 referred to the property located at 602 Spring Lake Circle. Officer Conyers said that on July 15, 1996, he had observed a boat on a trailer being stored in the front yard of the property. On July 29, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Glenda H. Kelly, 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 until August 12, 1996 to come into compliance. On August 12, 1996 a re-inspection revealed that the property remained in non-compliance. A re-inspection was also made on August 14, 1996, and an NOH and SOV were sent to the property owner by certified mail. The Notice had been returned and no POS had been received. On September 12, 1996, an NOH was posted on the property and at City 5 Code Enforcement Board Meeting tithr September 24, 1996 Hall. Officer Conyers said that the respondent had called that day to say that the boat had been removed, and a re-inspection of the property found it to be in compliance. Vice Chairman Linebarier, seconded by Member Santo, moved to find Glenda H. Kelly, Case No. 96-75 in non-compliance as of August 12, 1996 of Article VI 6-4 (H) 5-b but in compliance as of September 24, 1996, and that no fine be imposed. Motion carried 7-0. MEMBER LENKO, SECONDED BY MEMBER SHAGNER, MOVED THAT THE BOARD TABLE AGENDA ITEMS (D) 96-76, TRACY L. IGNOZZI; (E) 96-77, DANIEL F. & SHARON L. ARNOLD; (F) 96-79, MARTHA S. TURNER; (L) 96-85, ELIZABETH SALTERS; AND (M) 96-86, RANDALL & MARISEL CHEEVER, UNTIL THE OCTOBER 22 MEETING DUE TO NON-PROOF OF SERVICE. MOTION CARRIED 7-0. VICE CHAIRMAN LINEBARIER, SECONDED BY MEMBER LENKO, MOVED TO REMOVE FROM THE ORIGINAL MOTION TO TABLE, CASE No. 96-77, DANIEL F. & SHARON L. ARNOLD, WHO HAD ASKED THAT THEIR CASE BE HEARD TONIGHT. MOTION CARRIED 7-0. 96-77, DANIEL F. & SHARON L. ARNOLD 8/9/96 NOCV - Re-inspection Date:9/6/96 9/16/96 NOH - Board Meeting Date:9/24/96 9/16/96 SOV 9/16/96 POS - Certified#P882-518-609 Code Enforcement Officer Simon testified that Case No. 96-77 referred to the property located at 1608 Mona Avenue. Officer Simon said that on August 6, she had observed a white Datsun truck with flat tires, and an expired tag, on the property. On August 9, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Daniel F. & Sharon L. Arnold, for violation of Chapter 165-3 Prohibited acts (a): "No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee. The property owner was given until August 30, 1996 to come into compliance. On September 6, 1996, a re-inspection produced a status of non-compliance. An SOV and NOH to this Board meeting were sent to the property owner via restricted delivery. On September 23, 1996, a re- inspection was requested by the property owner. On September 24, 1996 the property was re- inspected and the respondent had come into compliance. The vehicle had been removed from the property. Daniel B. Arnold, 1608 Mona Avenue, was sworn in by Deputy Clerk Cronnon, and said that the NOCV said nothing about an expired tag. He explained that he had the service manual for the vehicle which showed the tire pressure should be 24 lbs. After receiving the first notification, he had aired the tires to 45 lbs. Mr. Arnold said that the truck had been removed, and asked for a waiver of the fine. Member Chestney, seconded by Member Shagner, moved to find Daniel F. & Sharon L. Arnold, Case No. 96-77 in non-compliance of Chapter 165-3 as of September 6, 1996 but in compliance as of September 23, 1996, and that no fine be imposed. Motion carried 7-0. Vice Chairman Linebarier explained and cautioned the respondent about "repeat violations." 6 Code Enforcement Board Meeting September 24, 1996 AT THE REQUEST OF DEPUTY CLERK CRONNON, CODE ENFORCEMENT OFFICER CONYERS WAS SWORN IN, AND VICE CHAIRMAN LINEBARIER, SECONDED BY MEMBER CHESTNEY, MOVED TO ADOPT OFFICER CONYERS TESTIMONY AS PRESENTED (DURING THE MEETING). MOTION CARRIED 7-0. MEMBER LENKO, SECONDED BY MEMBER SHAGNER, MOVED TO TABLE CASE No. 96-87,VICKIE L. BUSCHE AND 96-96, ALAN R. &DIANE STROH, TO THE OCTOBER 22, 1996 MEETING FOR NON- PROOF OF SERVICE. MOTION CARRIED 7-0. 96-80, MADOWACHARY & DATHER TEWARI 7/31/96 NOCV - Re-inspection Date:9/6/96 9/16/96 NOH - Board Meeting Date:9/24/96 9/16/96 SOV 9/16/96 POS - Certified#P882-518-607 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-80 referred to the property at 1403 Lukay Street. Officer Simon said that the City was dismissing this case. Member Lenko, seconded by Member Santo, moved at the request of the City to dismiss Case No. 96-80, Madowachary & Dather Tewari. Motion carried 7-0. 96-81, DEBORAH J. HIGGINS 9/11/96 NOCV - Re-inspection Date:9/13/96 9/16/96 NOH - Board Meeting Date:9/24/96 9/16/96 SOV 9/16/96 POS - Certified#P882-518-606 Code Enforcement Officer Simon testified that Case No. 96-81 referred to the property at 332 Little Springhill Drive. Officer Simon said that on July 18, 1996 while doing a Minimum Standard inspection, the tenant at the time had explained to her that there were two other tenants, non-related. Upon conducting an inspection, she found an RV with power and water running from the main structure. The RV also had skirting, plants around it, and was permanent. She had observed part of the structure but had been unable to gain entrance into all parts of the structure from the interior of the house. One part was severed with its own entrance from the outside of the house. She had also observed a fence being erected in a manner that sub-divided the yard into three (3) parts, giving the RV and each tenant its own yard. Officer Simon said that she saw several violations at this address, and due to these conditions, began conducting research into Land Development and Zoning ordinance as far as duplexes, single family residences, and violations of that nature. The respondent had contacted Ms. Simon to say that she needed at least 30 days to evict one of the tenants. On September 11, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Deborah J. Higgins, 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 or to demolish any building within the scope of this Article without first obtaining a permit therefore from the Building Department." 108-22 Minimum Requirements for Electrical systems: "Every electrical outlet and fixture, all wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the Electrical Code of the authority having jurisdiction." 108-19 Minimum standards for basic equipment and facilities : "C. Hot and cold water supply. Every dwelling unit shall have connected to the kitchen sink, lavatory and tub or shower an adequate supply of both cold and hot water. All water shall be supplied 7 Code Enforcement Board Meeting September 24, 1996 through an approved distribution system connected to a potable water supply." Land Development Code: Article 77 22-4(97)Dwelling, Sinkle-family: "A private residential building used or intended to be used as a home or residence in which the use and management of all sleeping quarters and appliances for sanitation, cooking, heating, ventilation, and lighting are designed primarily for the use of one (1)family unit, and with partitioning so that any substantial interior portion of the dwelling may be reached without resort to exterior access, and so that the building has one (1)kitchen and one (1)electrical meter." LDC: Article V 5-1 E (1) General except as hereinafter provided: "A: No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all of the regulations herein specified for the district in which it is located." The original NOCV had been sent to the respondent on July 18, 1996. The property owner was given until September 13, 1996 to come into compliance. On September 12, Ms. Higgins had purchased plumbing and electrical permits. On September 16, 1996, an SOV and NOH for this Board meeting were sent via restricted delivery by the Board Clerk. Officer Simon said that the respondent had denied access for her to inspect the property on September 17, 1996. A re- inspection on September 24, 1996 found the property in non-compliance. Ms. Simon said that in her opinion it could still be operated as a multi-family residence. The RV had been removed from the property. Deborah J. Higgins, 323 Hormigas Street, was sworn in by Deputy Clerk Cronnon, and said that she had evicted the tenant. In response to Vice Chairman Linebarier, Ms. Higgins said that she had done the work originally without any permits. She said that she did not know they were needed. The respondent requested leniency of no fines. Lengthy discussion ensued, and Member Lenko, seconded by Member Santo, moved to find Deborah J. Higgins, Case No. 96-81, in violation of Chapter 51-21 Permit Required as of September 13, 1996 but in compliance on September 24, 1996; that the respondent be found in non-compliance of Chapter 108-22 Minimum requirements for electrical systems as of September 24, 1996; that they be found in non-compliance of 108-19 Minimum standards for basic e s ui•ment and facilities as of Se•tember 13 1996 but in com a liance as of Se•tember 24 1996; that they be found in non-compliance of Land Development Code: Article II 2-4 (97) Dwelling Single-family; LDC: Article V 5-1 (E) (1) General Except As Hereinafter Provided; as of September 13, 1996, and be given until October 1, 1996 to come into compliance or be fined $250 per day thereafter. Motion carried 7-0. In response to Member Chestney, Officer Simon said that upon re-inspection, she will determine whether the property was being used as a multi-family dwelling. MEMBER HOLMES, SECONDED BY VICE CHAIRMAN LINEBARIER, MOVED TO HEAR CASE No. 96-84 AT THIS TIME. MOTION CARRIED UNANIMOUSLY. 96-84, RONALD W. & BROOK A. DULOISE 8/9/96 NOCV - Re-inspection Date:8/26/96 9/17/96 NOH - Board Meeting Date:9/24/96 9/17/96 SOV 9/17/96 POS - Certified#P150-535-603 Code Enforcement Officer Conyers testified that Case No. 96-84 referred to the property 8 Code Enforcement Board Meeting September 24, 1996 located at 401 E. Lakeshore Drive. Officer Conyers said that on August 2, 1996, he had observed two boats on a trailer and one hauling trailer in the front yard. On August 9, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Ronald W. & Brook A. Duloise, 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 until August 23, 1996 to come into compliance. A re-inspection of the property on September 24, 1996, produced a status of compliance. Ronald W. Duloise, 401 E. Lakeshore Drive, was sworn in by Deputy Clerk Cronnon, and asked the Board to waive any fine. He also said that he had lived at the location since 1984 and it was not until he had received the letter that he learned he could have only one (boat/trailer) on the property. Member Holmes, seconded by Member Shagner, moved to find Ronald W. & Brook A. Duloise, Case No. 96-84 in non-compliance as of August 28, 1996 of Article VI 6-4 (H) 5-b, but in compliance on September 24, and that no fine be imposed at this time. Motion carried 7-0. Mr. Duloise was provided information about repeat violations. 96-82, CHRISTINE TAGLIONE 8/13/96 NOCV - Re-inspection Date:9/6/96 9/16/96 NOH - Board Meeting Date:9/24/96 9/16/96 SOV 9/16/96 POS - Certified#P150-535-605 Chairman Carlsson said for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-82 referred to the property located at 900 Doreen Avenue. Officer Simon said on August 6, 1996, she had observed four hauling trailers in the front yard area of the property. On August 13, 1996, an NOCV was sent to the tenant as identified by the City water records, Christine Taglione, 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 until August 26, 1996 to come into compliance. On September 6, 1996 a re-inspection revealed that the property remained in non- compliance. On September 16, 1996, an SOV and NOH for this Board meeting were sent to the respondent via restricted delivery by the Deputy Clerk. A re-inspection on September 23, 1996, found the property was now in compliance. Vice Chairman Linebarier, seconded by Member Chestney, moved to find Christine Taglione, Case No. 96-82 in non-compliance of Article VI 6-4 (H) 5-b as of August 26, 1996, but in compliance as of September 24, 1996, and that no penalty be imposed. Motion carried 7-0. 96-83, L. IRENE GRIFFIN TR. 8/13/96 NOCV - Re-inspection Date:9/6/96 9/16/96 NOH - Board Meeting Date:9/24/96 9/16/96 SOV 9/16/96 POS - Certified#P150-535-604 Chairman Carlsson said that, for the record, no one was present to represent the case. Code 9 Code Enforcement Board Meeting September 24, 1996 Enforcement Officer Simon testified that Case No. 96-83 referred to the property located at 900 Doreen Avenue. Officer Simon said that the testimony was the same as in Case No. 96- 82, and Member Lenko, seconded by Member Chestney, moved to accept the testimony in Case No. 96-82. Motion carried 7-0. Member Chestney, seconded by Member Shagner, moved to find L. Irene Griffin Tr, Case No. 96-83, in non-compliance of Article VI 6-4 (H) 5-b as of August 26, 1996, but in compliance as of September 24, 1996, and that no fine be imposed at this time. Motion carried 7-0. 96-89, WILLIAM H. & ESTER M. STRICKLAND 8/19/96 NOCV - Re-inspection Date:9/16/96 9/18/96 NOH - Board Meeting Date:9/24/96 9/18/96 SOV 9/18/96 POS - Certified#P882-518-811 Chairman Carlsson said that, for the record, no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-89 referred to the property located at 1507 Doreen Avenue. Officer Simon said that on August 19, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, William H. & Ester M. Strickland, for violation of Chapter 165-3 Prohibited acts (a): "No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee. The observation had been that of a brown Toyota without a tag on the property. The property owner was given until September 16, 1996 to come into compliance, and a re-inspection on that date revealed that the property remained in non-compliance. On September 18, 1996, an SOV and NOH to this Board meeting were sent via restricted delivery to the respondent. Proof of Service was received on September 19, 1996. A re-inspection on September 24, 1996 produced a status of compliance. Member Chestney, seconded by Member Santo, moved to find William H. & Ester M. Strickland, Case No. 96-89 in non-compliance of Chapter 165-3 as of September 16, 1996, but in compliance as of September 24, 1996, and that no fine be imposed at this time. Motion carried 7-0. 96-92, VALERIE N. GENTRY 7/9/96 NOCV - Re-inspection Date:8/20/96 9/13/96 NOH - Board Meeting Date:9/24/96 9/13/96 SOV 9/13/96 POS - Certified#P150-535-611 Chairman Carlsson said that, for the record, no one was present to represent the case. Code Enforcement Officer Simon testified that Case No. 96-92 referred to the property located at 1104 Maureen Avenue. Officer Simon said that on July 9, 1996, she had observed (1) a truck with an expired tag, (2) more than one trailer being stored on the property, and (3) miscellaneous trash and debris throughout the yard, the side yard and rear yard areas. On July 9, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Valerie N. Gentry, for violation of Chapter 165-3 Prohibited acts (a): "No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee. Also, 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 10 Code Enforcement Board Meeting September 24, 1996 when it is located in an authorized mobile home park." Also, Chapter 115-3: Creation Prohibited: "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 respondent was given until July 19, 1996 to come into compliance. Vice Chairman Linebarier left at 10:16 p.m. and returned to the meeting at 10:18 p.m. On August 20, 1996, a re-inspection revealed that the property remained in non-compliance. On September 13, 1996, an SOV and NOH for this Board meeting were sent to the property owner. As of September 24, 1996, the property was in compliance with Article VI 6-4 (H) 5-b. Only one trailer remained on the property and it was behind the front building line. The junk vehicle had been removed from the property, and Chapter 165-3, Prohibited Acts, had been brought into compliance. Although improvements had been made with regards to Chapter 115- 3, Officer Simon said that she still believed that the property was in non-compliance. Discussion ensued about the violations. Member Shagner, seconded by Member Lenko, moved to find Valerie N. Gentry, Case No. 96-92 in non-compliance as of July 19, 1996 of Chapter 165-3 and Article VI 6-4 (H) 5-b but had come into compliance as of September 24, 1996; and in non-compliance of Chapter 115-3 Creation Prohibited as of July 19, 1996 and be given until October 1, 1996, to come into compliance or be fined $100 a day thereafter. Motion carried 6-0. Member Linebarier said that he would abstain from voting as he had been out of the room during the testimony. 96-95, BERRY M. & TERESA WHATLEY 7/26/96 NOCV - Re-inspection Date:8/19/96 9/13/96 NOH - Board Meeting Date:9/24/96 9/13/96 SOV 9/13/96 POS - Certified#P150-535-613 Chairman Carlsson said that, for the record, no one was present to represent the case. Code Enforcement Officer Conyers testified that Case No. 96-95 referred to the property located at 1105 Caballero Road. Officer Conyers said that on July 16, he had observed an inoperable green Jeep with flat tire and grass grown up around the vehicle. On July 26, 1996, an NOCV was sent to the property owner as identified by Orange County Tax Records, Berry M. & Teresa Whatley, for violation of Chapter 165-3 Prohibited acts (a): "No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee. The property owner was given until August 19, 1996 to come into compliance, and a re-inspection on that date revealed that the property had been brought into compliance. Member Chestney moved to find Berry M. & Teresa Whatley, Case No. 96-95 in non-compliance of Chapter 165- 3, Prohibited Acts, but in compliance as of September 13, 1996, and that no fine be imposed. Vice Chairman Linebarier said that it would be appropriate to dismiss this case. Member Chestney withdrew the motion. Vice Chairman Linebarier, seconded by Member Shagner, moved, at the request of the City, to withdraw Case No. 96-95, Berry M. & Teresa Whatley. Motion carried 7-0. L 11 Code Enforcement Board Meeting September 24, 1996 OTHER BUSINESS 96-64, RICKIE & BRENDA ROBERTS 7/23/96 NOCV - Re-inspection Date:8/6/96 8/6/96 NOH - Board Meeting Date:8/27/96 8/6/96 SOV 8/6/96 POS - Certified#P882-518-803 8/27/96 Compliance Order:9/3/96 or $50 per day 9/17/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 96-65, NORMAN LEWIS & KATHY ANN REYNOLDS 7/23/96 NOCV - Re-inspection Date:8/6/96 8/6/96 NOH - Board Meeting Date:8/27/96 8/6/96 SOV 8/6/96 POS - Certified#P882-518-804 8/29/96 Compliance Order:9/10/96 or $50 per day 9/16/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 96-66, OCOEE FOOD MART 7/23/96 NOCV - Re-inspection Date:8/5/96 8/14/96 NOH - Board Meeting Date:8/27/96 8/14/96 SOV 8/14/96 POS - Certified#P882-518-805 8/27/96 Violation Order 8/27/96 Compliance Order:9/10/96 or $100 per day An Affidavit of Non-Compliance was presented to the Board for this case. Member Lenko, seconded by Member Linebarier, moved to Issue an Order Imposing Fine and Lien in Case No. 96-66, Ocoee Food Mart, effective September 10, 1996. Motion carried 7-0. 96-67, RMN INC. 7/23/96 NOCV - Re-inspection Date:8/5/96 8/14/96 NOH - Board Meeting Date:8/27/96 8/14/96 SOV 8/14/96 POS - Certified#P882-518-681 8/27/96 Compliance Order 8/30/96 Violation Order 9/17/96 Affidavit of Non-Compliance An Affidavit of Non-Compliance was presented to the Board for this case. Member Lenko, seconded by Member Chestney, moved to Issue an Order Imposing Fine and Lien in Case No. 96-67, RMN, INC. Motion carried 7-0. 96-68, JEFFREY L. & BARBARA A. HARRIS 7/24/96 NOCV - Re-inspection Date:8/8/96 8/12/96 NOH - Board Meeting Date:8/27/96 8/12/96 SOV 8/12/96 POS - Certified#P882-518-682 8/27/96 Violation Order 8/27/96 Compliance Order:9/17/96 or $100 per day 9/16/96 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 96-74, MICHAEL A. AND DONNA R. KELLER 8/1/96 NOCV - Re-inspection Date:8/13/96 8/14/96 NOH - Board Meeting Date:8/27/96 8/14/96 SOV 8/14/96 POS - Certified#P882-518-808 8/27/96 Compliance Order:9/3/96 or $100 per day 9/16/96 Affidavit of Non-Compliance An Affidavit of Non-Compliance was presented to the Board for this case. Action was taken during the last Board meeting to Issue an Order Imposing Fine and Lien against the respondents. L 12 Code Enforcement Board Meeting September 24, 1996 Vice Chairman Linebarier inquired about the following cases: 96-45, Mauricia Fabian Demeran & Ana Hernandez Fabian; 96-50, Gosnell Nelson Robin, Sr. and Helen Elizabeth Gosnell; 96-53, Base Operation Management Services Inc.; and 96-54, Alicia F. Roberts; Deputy Clerk Cronnon said that she would copy the necessary documents for Mr. Linebarier. COMMENTS City Manager: Absent Code Enforcement Officer Simon: None Code Enforcement Officer Conyers: None Police Department: None Deputy Clerk Cronnon: None BOARD MEMBERS Member Holmes commended the Code Enforcement Officers on a job well done. Member Shagner: None Member Lenko: None Member Santo: None Member Chestney: None Member Linebarier: None Attorney O'Quinn said that it had been a pleasure to be in the center of good living. Alternate Member Skiles: None Alternate Member Godek: None Chairman Carlsson commended the Code Enforcement Officers on a job well done. ADJOURNMENT At 10:36 p.m., the meeting was adjourned. APPROVED: Attest: ((ikit'Q'tzt GL e \etit"CC"C-9 -- Athena Cronnon, Deputy Clerk 'rank Carlsson, Chairman ie e Lewis, Clerk/Stenographer a:\wp60\CE092496.M\jfl 13 .47/7///-2/7- "4r To the minutes of 9/24/96 Code Enforcement Board YERGEY AND YERGEY meeting. ATTORNEYS AT LAW 211 NORTH MAGNOLIA AVENUE ORLANDO. FLORIDA 32801 C. ARTHUR YERGEY(1900.1974) TELEPHONE GERMAINE G.YERGEY 11901-1981) (407)843-0430 D. ARTHUR YERGEY(Op COUNSEL) September 23, 1996 FAX DAVID A.YERGEY.TR. (407)843-0433 Thomas A. Donahoe 2265 Lee Road Suite 11 Winter Park,FL 32789 RE: Estate of Sarah Richards Purchase by Thomas A. Donahoe Dear Mr. Donahoe: This letter is being sent per your request as an explanation to the facts leading up to your purchase of the property at 1207 Flewelling Avenue, Ocoee.Florida, the legal description of which is as follows: Lot 4, Block B, OCOEE HILLS, according to the map or plat thereof as recorded in (or Plat Book X, Page 106, of the Public Records of Orange County,Florida. You had contacted me back in February of this year, with regard to the purchase of this property from Norma D. Hurley. Norma D. Hurley is the daughter of Sarah Richards Green. I ran a title search on the property and discovered that Mrs. Green and her then husband had agreed to purchase the property,but their purchase rights were under an Agreement for Deed with A.J. Thomas. Mrs. Green passed away, as had her husband,therefore, that required that we probate her estate in order to transfer her ownership interest in the property, over to her daughter,who was her sole heir. This was complicated by the fact that she had no will. Also, she had remarried a Mr. Green and her actual name was Sarah Richards Green. That is the name under which we probated her estate, under case number PR96-1375 in Orange County. In order to effectuate the purchase,we also had to get a Quit Claim Deed from Mr. Green for any interest he may have had in the property. As mentioned,Sarah Richards Green's interest in the property came by way of an Agreement for Deed she had signed with Mr. Thomas. This agreement was done back in December 30. 1964. As mentioned, Mr. Green died and was survived by 5 children. The majority of his assets had been placed in a trust and in turn had been transferred to a partnership, known as Thomas Properties. In order to clear the title to the property, we had to obtain an affidavit and deed from each of these children. Likewise, one of the five children had died, and we had to obtain a deed from that child's spouse and her children as well. They were all spread out over the Southeast,therefore, it took time to obtain each of these documents. I also encountered problems with an old medical bill associated with Mrs. Green's estate and therefore that complicated and delayed matters another sixty(60) days. This was a caveat that was actually filed in the estate proceedings back in 1986. It could not be located and was not paid, nor was it presented to the court, however, it delayed the probate proceedings. • Thomas A. Donahoe September 23, 1996 -Page 2- We closed the transaction and at that time,the lien of the City of Ocoee was not of record. When I did the updated title search,I discovered the lien and notified you of same. In light of the above,I hope the City of Ocoee will consider each of these facts and delete the lien. If you have any other questions with regard to this matter,please contact me. Yours very . •, David A. Yergey, J . DAYJr:lb enclosures L