Loading...
HomeMy WebLinkAbout01-24-1995 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON January 24, 1995 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. Vice Chairman Carlsson held 30 seconds of silent prayer. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Barnett, Lenko, Alternates Santo and Linebarier. Also present were Attorney Cool, Code Enforcement Officers Braddy and Simon, Fire Inspector Clement and Clerk/Stenographer Lewis. ABSENT: Members Chestney and Shagner (excused). APPROVALS This item consisted of the Minutes of the November 22, 1994 Code Enforcement Board meeting. Member Lenko, seconded by Vice Chairman Carlsson, moved to approve the Minutes of the November 22, 1994 Code Enforcement Board meeting as presented. Motion carried 5-0. COMMENTS FROM CITIZENS Chairman Sills welcomed everyone to the meeting. There were no citizens comments at this time. HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING 95-02, RICHARD A. &/OR WENDY BRINKMAN Chairman Sills stated for the record that there was no one present to represent this case and upon his request, Code Enforcement Officer Simon was sworn in by Code Enforcement Officer Braddy. Officer Simon asked that Case 95-02 be continued. The respondents had received the original Notice of Hearing with an incorrect date and living out of the City had not received the corrected copy in adequate time. Vice Chairman Carlsson, seconded by Member Barnett, moved to table Case 95-02, Richard A. &/or Wendy Brinkman, at the request of the City until the February 28, 1995 meeting. Motion carried 6-0. 95-03, JORGE JUAREZ AGUILAR Chairman Sills said there was no one present to represent this case. Code Enforcement Officer Simon stated that on January 3, 1995 a Notice of Violation was sent to the renter, Jorge Juarez Aguilar, as identified by City water account record. Mr. Aguilar was cited for violation of Ocoee Code of Ordinances Chapter 165-3 (A): No person shall abandon or keep any junk vehicle on any public or private property within the corporate city limits of Ocoee. The observation had been that of a small compact vehicle without a current license tag on it. Mr. Page 1 of 7 Code Enforcement Board Meeting January 24, 1995 Aguilar was given until January 13, 1995 to bring the violation into compliance. The property was reinspected on January 13, 1995, producing a status of non-compliance. On January 14, 1995 a Statement of Violations and a Notice of Hearing for this Board meeting was sent, restricted delivery, to the renter. On January 20, 1995 another Statement of Violation and a Notice of Hearing with the correct date were hand delivered to a cousin, over 16 years of age, at that residence. Officer Simon explained that, the property owner had notified her that the car now had a current tag, but upon reinspection on January 24, 1995 the vehicle was still in non-compliance. The tag on the vehicle had an expiration date of June '93. Vice Chairman Carlsson asked if anyone (renter) was aware of the problem and Officer Simon said the respondent did not speak English and that is why the owner of the property had made the contact. Member Barnett asked if anyone signed for the correct Notice of Hearing and Officer Simon said that it had been hand delivered for Mr. Aguilar. Vice Chairman Carlsson, seconded by Member Lenko, moved to find Jorge Juarez Aguilar, Case No. 95-03, in violation of Chapter 165-3 (A), no tag on the blue compact car and give him until January 31, 1995 to come into compliance or be fined $25 a day thereafter. Motion carried 6-0. 95-07, DANNY J. &/OR PATTI HELMS Code Enforcement Officer Simon stated that on December 30, 1994 she had observed an older model Mustang which appeared to be inoperable in the rear yard of 498 Kingling Ct., and on 4160, January 3, 1995 a Notice of Violations was sent to the owners, Danny &/or Patti Helms, as identified by Orange County Tax Records. Mr. and Mrs. Helms were cited for Chapter 165-3: No person shall abandon or keep any junk vehicle on any public or private property within the corporate city limits of Ocoee. The respondent was given until January 13, 1995 to bring the violation into compliance. On January 13, 1995 the property was reinspected, producing a status of non-compliance. On January 14, 1995 a Statement of Violations and a Notice of Hearing was sent to the owner. Again on January 20, 1995 Ms. Simon hand delivered another Statement of Violation and a Notice of Hearing (for this Board meeting) with the correct Board meeting date to an individual who identified himself as Mr. and Mrs. Helms's son. To date the property is still in non-compliance. Alternate Member Linebarier asked if the City had established cross references on respondents of these different cases or cross reference back to previous cases for new citations. Officer Simon said that the City had a method to track them and a violator can be cited as a repeat offender up to five years. Alternate Member Linebarier (and verified by Vice Chairman Carlsson) said that Ms. Helms was a habitual offender. Discussion ensued on the method used to cross-reference repeat offenders. Danny Helms, 498 Kindling Court, was sworn in by Code Enforcement Officer Braddy and stated that the '69 Mustang was considered a relic and he had plans to restore the car. It was fir. Page 2 of 7 Code Enforcement Board Meeting January 24, 1995 behind a 6 ft. property fence and the only reason it had been seen now was that his sons were working on one of the trucks had torn the gate down to work on the truck. Mr. Helms said that Patti was no longer his wife. The Board presented various options to Mr. Helms in an effort to resolve the problem. Vice Chairman Carlsson, seconded by Member Alexander, moved to find Danny J. &/or Patti Helms, Case No. 95-07, in violation of Chapter 165-3 and give them until February 27, 1995 to come into compliance or be fined $50 a day thereafter. Motion carried 6-0. 95-08, EDITH H. JACKSON For the record, Chairman Sills stated that no one was present to represent this case. Code Enforcement Officer Simon testified that on December 30, 1994 she had observed a TransAm type vehicle inoperable and on blocks at 1800 Adair Street. Several wheels were gone from the vehicle and it had no current license tag. On January 3, 1995 a Notice of Code Violation was sent to the owner, Edith Jackson, as identified by Orange County Tax records. Ms. Jackson was cited for violation of Code of Ordinances Chapter 165-3: No person shall abandon or keep any junk vehicle on any public or private property within the corporate city limits of Ocoee. Ms. Jackson was given until January 13, 1995 to come into compliance. On January 13, 1995, a reinspection was done on the property, producing a status of non-compliance. On January 14, 1995 a Statement of Violations and a Notice of Hearing for this Board meeting were sent to Ms. Jackson. On January 20, 1995 another Statement of Violation and a Notice of Hearing with the correct date were hand delivered by the Ocoee Police Department to Ms. Jackson in reference to this Board meeting. The property was reinspected as of this morning and was not in compliance, but as of 4:00 p.m. the property was brought into compliance. The vehicle had been removed from the property. Vice Chairman Carlsson, seconded by Member Barnett, moved to find Edith H. Jackson, Case No. 95-08, in violation of Chapter 165-3 and non-compliance as of January 13, 1995 and in compliance as of January 24, 1995, and that no fine be imposed at this time. Motion carried 6-0. OTHER BUSINESS 94-17, JEAN LEPAGE THOMAS Chairman Sills explained that a letter from Bobbie Boeh, who is in charge of Ms. Thomas's affairs, had been presented requesting elimination of the fines imposed on 510 Hill Street. Bobbie Boeh, 2253 Boy Scout Road, Apopka 32703-8302, was sworn in by Code Enforcement Officer Braddy. A discussion ensued on whether Ms. Boeh had been present when representatives from the City had spoken with Mr. Mulcahy about the violations at the property. Ms. Boeh said that Mr. Mulcahy had no authority to accept responsibility for her mother. She Liv Page 3 of 7 Code Enforcement Board Meeting January 24, 1995 had been under the impression that Mr. Mulcahy was taking care of the clean up. Member Lenko asked if the property had stayed clean and Officer Simon testified that there had not been a complaint and that the neighbors did express an appreciation for the Code Enforcement of the Board that the property was being cleaned. The neighbors were happy with the outcome and with the status of the property. The property had not lapsed since being cleaned. Officer Simon had frequently checked the Thomas property through the month of December and January and had observed no further violations. Member Alexander asked, for the record, the amount of the fines and Member Lenko said $1100. Vice Chairman Carlsson said that he had learned a lesson on this case and did not think Ms. Boeh had the right to have the fine dropped. Attorney Cool said that even if you reduce the fine to zero, if this Board found the property in non-compliance, therefore, if it reoccurs within 5 years it could be prosecuted as a repeat violation. Member Lenko, seconded by Vice Chairman Carlsson, moved to reduce the fme to zero in Case No. 94-17. Motion carried 5-0. Later in the meeting this matter was brought up again and the action taken is entered here for clarity. Chairman Sills said that that Officer Braddy had requested that Case No. 94-17, Jean Lepage Thomas, be reopened. Attorney Cool said that there had been a question about the wording of the motion and upon his request the clerk read the motion made earlier of Case 94-17. Member Lenko, seconded by Vice Chairman Carlsson, moved in Case 94-17 to amend the motion to reduce the fine to zero and release the lien. Motion carried 5-0. 94-68, ORANGE TREE CINEMA Code Enforcement Officer Simon testified that the Board had a letter from the Fire Inspector stating the date that Orange Tree Cinema had come into compliance. Also, that Mr. Dykgraaf wanted to speak to the Board about his lien. Nathan Dykgraaf, 3307 Sheringham Road, Orlando 32808, was sworn in by Code Enforcement Officer Braddy, and explained that he had become a victim of a company who was giving them inferior material which had not been up to Code. He said, as past owners of Orange Tree Cinema, it had been their agreement to install the equipment. Mr. Dykgraaf requested that the Board withdraw the fme. Fire Inspector Clement was sworn in by Code Enforcement Officer Braddy, and stated that she had gone to Orange Tree Cinema on November 30, 1994 with a punch list. Wires were loose and she could not run the final. The contractor was not using any of the equipment they had indicated would be installed, and technically, by the Code, they should test the equipment before inspection. The work and equipment had been inferior and the contractor had continued to give them the run around. Inspector Clement thought Dykgraaf, Inc. was at fault for not .,. Page 4 of 7 Code Enforcement Board Meeting January 24, 1995 having the system and taking so long to get it but if Dykgraaf had used a different company or had them do the work right they would have made the deadline. Member Lenko was disturbed that people like this were operating in the City and she would be more comfortable if something had been filed against them with the State. She questioned the City's recourse on how to keep people like this from doing business in the City. Inspector Clement said that the Fire Department was looking at making possible changes and said that she had learned a lot from this process. Member Lenko suggested that they try and look into it to see if there was something they would do to make sure that they don't come back and we don't have to handle a situation like this again. Inspector Clement said that she had called several other jurisdictions about this company to see if they had problems with them. Member Alexander thanked and commended Inspector Clement for doing her job so efficiently. Member Lenko said that the fine came to $5,250 in each case. Member Barnett said that Mr. Dykgraaf should not be held responsible as he was in the middle and the (fine) should not be taken out on him as long as he had made the effort, his company had put out the money for top of the line equipment. That showed good faith and cost quite a bit. Mr. Dykgraaf had no control over their cheating. Member Lenko did not think the Board should take it out on Mr. Dykgraaf but wished that the Board had more recourse on the company that ripped him off. thhw Member Lenko, seconded by Member Barnett, moved, in Case No. 94-68, Orange Tree Cinema, to reduce the fine to zero. Motion carried 5-0. 94-69, DYKGRAAF, INC. Chairman Sills said that this was the same situation in Case No. 94-69, Dykgraaf, Inc. as in Case No. 94-68, Orange Tree Cinema. Member Alexander, seconded by Vice Chairman Carlsson, moved that the fine in Case No. 94-69, Dykgraaf, Inc., be reduced to zero. Motion carried 5-0. Mr. Dykgraaf thanked the Board for its understanding and commended Fire Inspector Clement for her assistance and help. 94-72, ELIZABETH SALTERS Chairman Sills said that the Board members would find an Affidavit of Compliance in their packets. IT WAS AT THIS POINT THAT FINAL ACTION WAS TAKEN FOR CASE NO. 94-17 Discussion ensued on whether there was a Certificate of Compliance for Case No. 94-68 and Case No. 94-69. No action was taken. Page 5 of 7 Code Enforcement Board Meeting January 24, 1995 94-75, JANIE &/OR ORVILLE GARRETT Code Enforcement Officer Simon stated that the City was not prepared to present Case 94-75 at this meeting. Vice Chairman Carlsson, seconded by Member Alexander, at the request of the City, moved to table Case No. 94-75, Janie &/or Orville Garrett, until the February meeting. Motion carried 5-0. COMMENTS City Manager - Not Present Code Enforcement Officers: None Police Department: None Mayor Vandergrift was present and had the following concerns: 1) Suggested a meeting with the Board members to discuss changes to the Code. Also, some kind of special power of attorney should be required (other than an attorney to represent somebody else) or affidavit from the property owner. Also, updating the Codes to help beautify the City. 2) Asked if the Building Department had a computer that connected directly to the (Orange County) Tax Rolls. A respondent had not received the notification because the Tax Roll information had not been changed. Code Enforcement Officer Braddy said that the ,,,,. City had acquired a current Tax Roll for the area but they had been unable to access the data. Discussion ensued on the current process used to get Tax Roll information. Agreeing with Mayor Vandergrift, Vice Chairman Carlsson, seconded by Member Barnett, moved to recommend that the Code Enforcement Board recommend to the Building Inspector/City Manager to look into a process for the Building Department or the City to access the Orange County Tax Rolls to speed up and assist in preparing the cases and other City functions. Motion carried 5-0. Chairman Sills directed Clerk/Stenographer Lewis to prepare the memorandum for his signature. 3) Problems in the trailer parks. 4) Requested a copy of the minutes for distribution to the Mayor and City Commissioners. Member Lenko suggested mailing the Commission meeting agenda to members of the City Boards. 5) Consideration given to live broadcast of the meetings. Board Attorney reported that the Ordinance on the process server was adopted by the City Commission on November 15, 1994 and the other ordinance that the Board had recommended was still in the works. Board Members: Member Barnett thanked everyone for putting up with him and hanging in there with him during the year. An unfortunate accident had caused him to miss most of the meetings. He Page 6 of 7 Code Enforcement Board Meeting January 24, 1995 looked forward to a good year this year and being able to serve and do his job this time. Member Lenko extended a welcome to the new members (or old members being the case with John Linebarier), and requested an updated members's list with phone numbers from the Clerk. Vice Chairman Carlsson pointed out that the Board had only lost one person during the year and usually it loses three or four, so this had been a good year. Alternate Linebarier said that it was nice to be back. Member Alexander extended a welcome to the new members. Alternate Santo said that it was good to be here and she looked forward to working with everyone. Chairman Sills thanked Clerk/Stenographer Lewis, Attorney Cool, the Board Members, and the Code Enforcement Officers on doing a good job. ADJOURNMENT The meeting was adjourned at 9:10 p.m. L APPROVED: Attest: City of Ocoee slAs2,4, 4 Tiferesa Braddy, Acting Deputy lerk T Sills, Chairman ie Lewis, ler tenographer Page 7 of 7