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HomeMy WebLinkAbout05-23-1995 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON May 23, 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. Alternate Member Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Members Chestney, Lenko, Shagner, and Alternate Members Linebarier and Santo. Also present were Attorney Cool, Code Enforcement Officers Braddy and Simon, Deputy Clerk Seaver and Clerk/Stenographer Lewis. ABSENT: Vice Chairman Carlsson, and Members Alexander and Barnett (all were excused). APPROVALS This item consisted of the Minutes of the April 25, 1995 Code Enforcement Board meeting. Member Shagner, seconded b Member Lenko moved to a. Drove the Minutes of the A•ril 25, 1995 Code Enforcement Board meeting as presented. Motion carried 6-0. COMMENTS FROM CITIZENS None HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING - The description of the violation(s) and the dates of inspection(s) will be given at the beginning of each case. Code representation: NOCV - Notice of Code Violation; NOH - Notice of Hearing; SOV - Statement of Violation(s); and POS - Proof of Service. 95-37, THOMAS JOHN WISE 3/17/95 NOCV - Re-inspection Date:3/27/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-490 At the request of Chairman Sills, Code Enforcement Officers Braddy and Simon were sworn in by Deputy Clerk Seaver. Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-37, referencing property at 81 Siesta Key Court, could not be heard as there had been no Proof of Service. Member Shagner, seconded by Member Lenko, moved to table Case No. 95-37, Thomas John Wise, until the June meeting. Motion carried 6-0. 95-41, ELIZABETH PEDRICK 3/17/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Delivery - Betty Pedrick 4/25/95 Order of Continuance- Date:5/23/95 5/17/95 NOH - Board Meeting Date:5/23/95 5/19/95 POS - Delivery - Betty Pedrick Chairman Sills said for the record that there was no one present to represent the case. Code Enforcement Officer Simon testified that Case No. 95-41 referred to the property at 52 W. Circle Key Drive. Officer Simon reviewed the history of Case No. 95-41 that had been given Code Enforcement Board Meeting May 23, 1995 at the last meeting. At the April 25, 1995 Board hearing, the Board had issued an Order of Continuance, and as of May 23, 1995, the property was not in compliance. Ms. Pedrick owns the lot and Ms. Howell, Case No. 95-42, owns the trailer. Ms. Howell has no funds to make the corrections and was going through a Community Services Program for assistance. Officer Simon said the representative who had been dealing with Ms. Howell had been away for two weeks, and she had also been informed by the representative that it might take three months to sign up for the program and could take a year to finalize the work. Member Lenko, seconded by Member Shagner, moved to table Case No. 95-41, Elizabeth Pedrick,until the next meeting. Alternate Member Linebarier objected and said that even if Ms. Howell received assistance from the County, it may take three months to a year to make the repairs; that was too long. Discussion ensued on the continual violations for Ms. Pedrick's properties within the City. Officer Simon said that she was looking into other alternatives of assistance for the people in the trailer parks that could not afford the repairs. Member Lenko withdrew the motion and Member Shagner withdrew the second, Member Lenko, seconded by Member Shagner, moved to continue Case 95-41, Betty Pedrick, to the August 22, 1995 meeting. Motion carried 6-0. 95-42, LINDA HOWELL (52 W. Circle Key Drive) 3/17/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-350 4/25/95 Order of Continuance- 5/23/95 5/17/95 NOH - Board Meeting Date:5/23/95 5/18/95 POS - Delivery - Linda Howell Chairman Sills said that Linda Howell, Case 94-42, was the owner of the trailer of Betty Pedrick, Case No. 95-41. Member Lenko, seconded by Member Shagner, moved to continue Case No. 95-42, Linda Howell, to the August 22, 1995 meeting. Motion carried 6-0. CASES 95-64 AND 95-65 WERE HEARD AT THIS TIME DURING THE MEETING. Member Chestney, seconded by Alternate Member Santo, moved to hear Case No. 95-64, Salvador Galvan, and Case No. 95-65, Rubin Shelton as Guardian for Gerald Eugene Boddy, at this time on the agenda. Motion carried 6-0. 95-64, SALVADOR GALVAN (165 Mobile Lane) 4/4/95 NOCV - Re-inspection Date:5/10/95 5/17/95 NOH - Board Meeting Date:5/23/95 5/17/95 SOV 5/18/95 POS - Delivery - Salvador Galvan A Notice of Dismissal was presented to the Board for this case. 95-65, RUBIN SHELTON AS GUARDIAN FOR GERALD EUGENE BODDY (165 Mobile Lane) 4/4/95 NOCV - Re-inspection Date:5/10/95 5/17/95 NOH - Board Meeting Date:5/23/95 5/17/95 SOV 5/18/95 POS - Mail Cert#P882-518-355 A Notice of Dismissal was presented to the Board for this case. 2 cor Code Enforcement Board Meeting May 23, 1995 95-52, ELIZABETH SANDOVAL 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-496 Chairman Sills said that for the record no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-52 was in reference to property at 142 Mobile Lane. On April 4, 1995, the tenant, Elizabeth Sandoval, as identified by the City water account record, was sent a NOCV 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 a white vehicle and Monte Carlo without current license tags. Also, for Chapter 108-23 General Requirements for the Exterior and Interior of Structures: (b)Skirtinz: "Shall be maintained free from broken or missing sections/pieces and securely attached and sized from the ground to the lower outside perimeter." 108-23(I)Windows: "Shall be substantially weather-tight, water-tight and rodent- proof and kept in sound working condition and good repair." 108-23 (0) Screens: "Shall be stretched and fitted and maintained without open rips or tears." Ms. Sandoval was given until April 13, 1995 to bring the property into compliance. A re-inspection of the property on April 14, 1995 produced a status of non-compliance with the City Codes and Ms. Sandoval was sent a SOV and a NOH, restricted delivery, by Deputy Clerk Seaver for this Board meeting. The case could not be heard at that time due to non-proof of service, and the Board issued an Order of Continuance to this Board meeting. The property had been in compliance as of May 10, 1995. Member Lenko, seconded b Member Sha' er, moved to find Elizabeth Sandoval, Case No. 95-52, in non-compliance as of April 14, 1995 but in compliance as of May 23, 1995, and no fine be imposed at this time. Lor Motion carried 6-0. 95-57, RICHARD AND/OR HAZEL M. THIBODEAU 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail - Cert#P882-518-500 Code Enforcement Officer Simon said that Case No. 95-57, Richard and/or Hazel M. Thibodeau, could not be heard as the respondents were not notified. Officer Simon said that the violation must now be posted. Member Shagner, seconded by Member Chestney, moved to table Case No. 95-57, Richard and/or Hazel M. Thibodeau, until the next meeting. Motion carried 6-0. 95-66, MARIA GONZALEZ 5/9/95 NOCV - Re-inspection Date:5/18/95 5/18/95 NOH - Board Meeting Date:5/23/95 5/18/95 SOV 5/19/95 POS - Delivery Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-66 was in reference to the property at 10 Sundial Key Drive. On May 9, 1995, a NOCV was sent to the property owner, Maria Gonzalez, as identified by the Orange County Tax Records, for violation of Chapter 54-3 Display Required: "All buildings shall have the assigned building number properly displayed..." Chapter 108-23 (b): "skirting shall be installed and maintained free from broken pieces etc..." Ms. Gonzalez was given until May 17, 1995 to bring the property into compliance. A re-inspection on May 18, 1995 produced a status of non-compliance. The property owner was hand delivered a SOV and NOH 3 Code Enforcement Board Meeting May 23, 1995 to this Board meeting. A re-inspection on May 23, 1995 produced a status of compliance with both violations. Alternate Member Linebarier, seconded by Member Chestney, moved to find Maria Gonzalez, Case No. 95-66, in violation of Chapter 54-3 and Chapter 108-23 as of May 18, 1995 and in compliance as of May 23, 1995, and that no fine be assessed at this time. Motion carried 6-0. 95-67, MALDONADO ENRIQUE AND/OR MALDONADO NORMA 5/9/95 NOCV - Re-inspection Date:5/18/95 5/18/95 NOH - Board Meeting Date:5/23/95 5/18/95 SOV 5/19/95 POS - Mail Cert#P882-518-493 Code Enforcement Officer Simon said that the Proof of Service had not been returned and the respondents live out of the State; and that the Board could not hear Case No. 95-67 in reference to the property at 7 Sundial Key Drive. Member Lenko, seconded by Member Chestney, moved to table Case No. 95-67, Maldonado Enrique and/or Maldonado Norma, until the June 27, 1995 meeting. Motion carried 6-0. 95-68, ROSA ROSENDIZ 5/9/95 NOCV - Re-inspection Date:5/18/95 5/18/95 NOH - Board Meeting Date:5/23/95 5/18/95 SOV 5/19/95 POS - Delivery Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-68 was in reference to the property at 7 Sundial Key Drive. On May 9, 1995, a NOCV was sent to the tenant, as identified by City water records, for violations of Chapter 115-2, Creation Prohibited: "No person shall dump .... or place on any lands any nuisance or menace to public health." Large bags of trash, a refrigerator, and other miscellaneous items had been observed in the yard. Ms. Rosendiz was given until May 17, 1995 to bring the property into compliance. A re-inspection on May 18, 1995 produced a status of non-compliance, and Officer Simon had hand delivered a SOV and a NOH to this Board meeting to Ms. Rosendiz on May 18, 1995. A re-inspection on May 23, 1995 had produced a status of compliance. Member Chestney, seconded by Alternate Member Linebarier, moved to find Rosa Rosendiz, Case No. 95-68, in non-compliance as of May 18, 1995 and in compliance as of May 23, 1995, and that no fine be imposed at this time. Motion carried 6-0. 95-69, WIGGINS, JAMES E. &/OR NANCY 5/9/95 NOCV - Re-inspection Date:5/18/95 5/18/95 NOH - Board Meeting Date:5/23/95 5/18/95 SOV 5/19/95 POS - Mail Cert#P882-518-492 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-69 could not be heard as the City had not received the Proof of Service. Member Chestney, seconded by Alternate Member Linebarier, moved to continue Case No. 95-69, James E. &/or Nancy Wiggins, until the June meeting. Motion carried 6-0. 4 Code Enforcement Board Meeting May 23, 1995 OTHER BUSINESS 95-36, ELIZABETH PEDRICK 3/17/95 NOCV - Re-inspection Date:3/27/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Delivery - Betty Pedrick An Affidavit of Non-Compliance was presented to the Board for this case. Code Enforcement Officer Simon testified that Case No. 95-36 referenced 81 Siesta Key Court. The Board, at its last meeting on April 25, 1995, issued an Order of Compliance to Ms. Pedrick, ordering that the property be brought into compliance. On May 23, 1995 Ms. Pedrick was to be fined $250 a day, and the property remained in non-compliance on that date. Ms. Pedrick was the property owner. The tenant owned the trailer but worked out of town. Member Shagner said that the respondent owned a lot a property but cases involving Ms. Pedrick always seemed to be in front of the Board. Officer Simon, in response to Alternate Member Linebarier, said that the tenant assured her that he was working on the repairs. Member Chestney believed that Ms. Pedrick should have policy guidelines for her tenants, and said that the Board wanted the area cleaned but it did little good when these cases continued to appear before it. Officer Simon had a video of the property in violation but was unable to present it due to technical problems. Discussion ensued about the property violations extending back over a long period of time. Member Lenko, seconded by Member Shagner, moved to enter an Order Imposing Fine and Lien against Elizabeth Pedrick, Case No. 95-36, effective May 24, 1995. Motion carried 5-1. Alternate Member Linebarier objected and voted "nay." 95-38, RAMON LOPEZ (18 Cedar Key Court) 3/17/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-349 4/25/95 Compliance Order - Due 5/1/95 5/1/95 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 95-39, JOSE A. BARRAGAN 3/8/95 NOCV - Re-inspection Date:3/20/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-481 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Braddy stated that Case No. 95-39 referred to the property at 107 Coquina Key Drive. Officer Braddy said that on May 1, 1995 the respondent had not complied and the City was asking the Board to impose fine and lien in this case. Member Lenko, seconded by Member Shagner, moved to enter an Order Imposing Fine and Lien against Jose A. Barragan, Case No. 95-39, effective May 2, 1995. Motion carried 6-0. 95-44, RONALD J. and LARA McCLELLAN 3/14/95 NOCV - Re-inspection Date:3/28/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-484 Chairman Sills stated for the record that no one was present to represent the case. Code fir,, 5 Code Enforcement Board Meeting May 23, 1995 Enforcement Officer Braddy testified that the case was in reference to the property at 31 Harbour Key Court. Officer Braddy stated that Mr. McClellan said that they were not responsible regarding this case, that something was wrong with the records and the respondents did not own the property. Attorney Cool recommended further research and that the Board continue the case to the next meeting. Member Chestney, seconded by Alternate Member Santo, moved to continue Case No. 95-44, Ronald J. and Lara McClellan, until the June 27, 1995 meeting so the City can research the records. Motion carried 6-0. 95-48, DOROTHY Y. IRWIN (880 Maguire Road) 3/15/95 NOCV - Re-inspection Date:3/28/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-488 4/25/95 Compliance Order - Due 5/9/95 5/9/95 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. Deputy Clerk Seaver said that a copy of the letter, as requested during the last meeting, had been included in the packets for the Board. 95-49, DANIEL J. WOMACK (1002 Doreen Avenue) 3/15/95 NOCV - Re-inspection Date:3/28/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-489 4/25/95 Compliance Order - Due 5/3/95 5/3/95 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 95-51, BETTY PEDRICK (142 Mobile Lane) 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Delivery - Betty Pedrick 4/25/95 Compliance Order - Due 5/10/95 5/10/95 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 95-53, MARSHA D. TATE 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-497 4/25/95 Compliance Order - Date:5/2/95 5/2/95 Affidavit of Non-Compliance An Affidavit of Non-compliance was presented to the Board for this case. Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-53 was in reference to the property at 55 W. Circle Key Drive. On April 25, 1995, a Compliance Order was sent to the property owner, Marsha D. Tate, as identified by the Orange County Tax Records, for violation of Chapter 108-23 (0) Screens and Chapter 108-23 (F) Means of ERress. (Steps at rear door needed). Officer Simon said that a re- inspection on May 2, 1995 found the screens still in need of repair and no steps at the rear door. No one had contacted her. On May 2, 1995 an Affidavit of Non-Compliance had been sent to the respondent. Member Chestney, seconded by Alternate Member Santo, moved to enter an Order Imposing Fine and Lien against Marsha D. Tate, Case No. 95-53, at $50 per day effective May 3, 1995. Motion carried 6-0. Caw 6 Code Enforcement Board Meeting May 23, 1995 95-56, MARY BRUNELLE 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail - Cert#P882-518-499 4/25/95 Compliance Order - Date:5/9/95 5/9/95 Affidavit of Non-Compliance Code Enforcement Officer Simon said that Case No. 95-56 was in reference to the property at 102 Security Circle. On April 25, 1995, an Order of Compliance was sent to the respondent and she was given until May 9, 1995 to comply. A re-inspection on May 9, 1995 found the property in non-compliance. Officer Simon said that on May 23, 1995, the vehicle had no tag and no one had attempted to contact her. Member Lenko, seconded by Member Shagner, moved to enter an Order Imposing Fine and Lien of$50 a day against Mary Brunelle, Case No. 95-56, effective May 10, 1995. Motion carried 6-0. In response to Alternate Member Linebarier's question, Officer Simon said that the respondent had complied with 115-2. 95-58, BARBRA BALL 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail - Cert#P882-518-501 4/25/95 Compliance Order - Date: 5/2/95 5/2/95 Affidavit of Non-Compliance Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-58 was in reference to the property at 169 W. Silver Star Road. Ms. Ball was given until May 2, 1995 to bring the property into compliance. As of May 23, 1995 no action had been taken. After the last Board meeting when cry Ms. Ball was given the Compliance Order, the machines and trash remained. Member Chestney, seconded by Alternate Member Linebarier, moved to enter an Order Im•osing Fine and Lien against Barbra Ball, Code No. 95-58. Motion carried 6-0. 95-63, MICHAEL CAMPIONE (403 S. Bluford Avenue) 4/7/95 NOCV - Re-inspection Date:4/18/95 4/18/95 NOH - Board Meeting Date:4/25/95 4/18/95 SOV 4/18/95 POS - Mail Cert#P882-518-504 4/25/95 Compliance Order - Due: 5/12/95 5/12/95 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. REVIEW CHANGES TO HEARING AND ADMINISTRATIVE RULES Attorney Cool reported that the City Commission had passed the Ordinance revising the Code of Ordinances in accordance with the changes in the Florida Statutes. Mr. Cool said that Mayor Vandergrift had requested that the Board look into assessing costs. Based upon information from other cities throughout Florida, Attorney Cool believed that the costs incurred in prosecuting a case are not worth the time involved in extra book work or in tracking the recovery. Discussion ensued on fines, and costs involved, posting of violation when respondents do not comply. Another approach instead of assessing costs was to impose higher fines. Alternate Member Linebarier left the meeting at 8:36 p.m. and returned to the meeting at 8:38 p.m. 7 Code Enforcement Board Meeting Lay May 23, 1995 Attorney Cool suggested waiting a while before changing the forms. Mr. Cool said that he had not spoken with the City about the costs but he believed that the City should spend time in review to determine the cost per case. The Board discussed the Administrative Rules and Hearing Rules and requested minor changes, including corrections to scriveners errors. Attorney Cool said that the Board had only limited statutory powers. He would apply the changes to the Administrative and Hearing Rules and prepare them for Board approval. COMMENTS City Manager: Not Present Code Enforcement Officers: None Police Department: None BOARD MEMBERS Alternate Member Santo: None Member Chestney: None Member Shagner: None Member Lenko: None Alternate Member Linebarier: None Attorney Cool: None Chairman Sills extended a "Happy Birthday" to Member Alexander. Deputy Clerk Seaver informed the Board that elections will be included on the June agenda. ADJOURNMENT The meeting was adjourned at 9:10 p.m. APPROVED: Attest: c5,2_,e6 Sherry Sea , P eputy Clerk (it ills, C a J e Lewis, Clerk/Stenographer 8