HomeMy WebLinkAbout09-26-1995 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
r,,. HELD ON September 26, 1995
CALL TO ORDER
In the absence of Chairman Sills, Acting Chairman Carlsson 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. Member Alexander led in prayer. The roll was
called and a quorum declared present.
PRESENT: Acting Chairman Carlsson, Members Alexander, Chestney, Santo, Shagner, and
Alternate Member Skiles. Also present were Attorney Feeney, Building and
Zoning Director Flippen, Code Enforcement Officers Braddy and Simon, Deputy
Clerk Seaver and Clerk/Stenographer Lewis.
ABSENT: Chairman Sills, Member Lenko, and Alternate Member Linebarier (all absences
were excused).
Chairman Carlsson welcomed Ms. Santo as a new Member, and introduced Alternate Member
David "Kent" Skiles to the Board.
APPROVALS
This item consisted of the Minutes of the August 22, 1995 Code Enforcement Board meeting.
Member Shagner, seconded by Member Santo, moved to a• 'rove the Minutes of the
August 22, 1995 Code Enforcement Board meetin', as (resented. Motion carried 5-0.
Alternate Member Skiles did not vote.
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.
CHAIRMAN CARLSSON STATED THAT A NOTICE OF DISMISSAL HAD BEEN
PRESENTED TO THE BOARD FOR CASE NOS. 95-100, 95-101, 95-102, 95-104, 95-107,
95-112, 95-113, 95-115, AND FOR PURPOSE OF CLARITY ARE PRESENTED LATER
IN AGENDA ORDER IN THE MINUTES.
95-100, MARY HOLLAND (704 Carmen Drive)
8/31/95 NOCV - Re-inspection Date:9/11/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/15/95 POS - Mail Cert#Z343-930-691
A Notice of Dismissal was presented to the Board for this case.
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Code Enforcement Board Meeting
September 26, 1995
95-101, PAUL L. GRUBBS III &/OR MICHELLE R. GRUBBS (1408 Prairie Lake
Boulevard)
8/26/95 NOCV - Re-inspection Date:9/5/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-692
A Notice of Dismissal was presented to the Board for this case.
95-102, JOYCE JENNINGS (902 Doreen Avenue)
8/7/95 NOCV - Re-inspection Date:9/6/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 7/20/95 POS - Mail - Cert#Z343-930-693
A Notice of Dismissal was presented to the Board for this case.
95-103, MATHEW KING
8/31/95 NOCV - Re-inspection Date:9/11/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-694
Code Enforcement Officers Braddy and Simon were sworn in by Deputy Clerk Seaver.
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Braddy testified that Case No. 95-103 referenced the property at 604
Aldama Court. She said that the Board could not hear the case as the City had not received
the Proof of Service. Member Chestney, seconded by Member Shagner, moved to continue
Case No. 95-103, Mathew King. Motion carried 6-0.
95-104, ANNIE CHILES (220 Rewis Street)
8/26/95 NOCV - Re-inspection Date:9/5/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-695
A Notice of Dismissal was presented to the Board for this case.
95-105, GARY C. HEIDELBERG &/OR DEBRA A. HEIDELBERG
8/26/95 NOCV - Re-inspection Date:9/5/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-696
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Braddy testified that on August 8, 1995 she had observed the lot located
at 128 Olympus Drive. On August 26, 1995, an NOCV had been sent to the property owners
as identified by Orange County Tax Record, Gary C. Heidelberg &/or Debra A. Heidelberg at
1325 Western Woods Boulevard, Orlando 32818 regular mail, for violation of City Code, Chapter
115-5. Excessive Weed or Grass Growth: "Vacant lot is in excess of 12"in height." The respondents were
given until September 3, 1995 to comply. Upon re-inspection on September 9, 1995 Officer
Braddy found the property still in non-compliance. On September 18, 1995, an SOV and NOH
were sent via certified mail, restricted delivery, and Debra A. Heidelberg signed for the packet
on September 20, 1995. Building and Zoning Director Flippen received a call from Mr.
Heidelberg on September 21, 1995, stating that he was intending to take care of the lot but it
would take approximately a week and a half. The property was still in non-compliance as of
September 26, 1995. Member Chestney, seconded by Member Alexander, moved that Gary
C. Heidelberg &/or Debra A. Heidelberg, Case No. 95-105 be found in non-compliance of
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Code Enforcement Board Meeting
September 26, 1995
Chapter 115-5 and be given until October 2, 1995 to come into compliance or be fined $25 a
day thereafter. Motion carried 6-0.
95-106, VIRGIL GARY GRINER &/OR LORETTA CONSTANCE (11460 West Colonial
Drive)
7/15/95 NOCV - Re-inspection Date:8/21/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-697
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Braddy testified that the certified mail had been returned to the City
regarding Case No. 95-106. The Orange County Tax Records showed the business address but
the City had then sent the mail to the respondent's home address. The SOV and NOH had been
mailed again but the City had not received POS. In response to Chairman Carlsson, Officer
Braddy said that no one at the business address would sign for the certified mail and it had been
returned to the City marked refused. Officer Braddy said that the City would be posting a
Notice at the property and also at City Hall. Member Chestney, seconded by Member
Alexander, moved that Case No. 95-106, Virgil Gary Griner&/or Loretta Constance, be tabled
until the next scheduled meeting. Motion carried 6-0.
95-107, CONCANNON AUTO RANCH (11460 West Colonial Drive)
7/15/95 NOCV - Re-inspection Date:8/21/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-698
A Notice of Dismissal was presented to the Board for this case.
95-108, ALBERT CASE &/OR JACKI CASE (2701 Kris Crossing)
7/21/95 NOCV - Re-inspection Date:8/14/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Cert#Z343-930-699
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Braddy stated that the POS had been returned unclaimed in Case No. 95-
108. She said that the case will be posted. Member Alexander, seconded by Member
Chestney, moved to table Case No. 95-108, Albert Case &/or Jacki Case, until the next
meeting. Motion carried 6-0.
95-110, ROBERT V. REEP, JR.
8/26/95 NOCV - Re-inspection Date:6/06/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Hand Delivered
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon presented a letter referencing Case No. 95-110. On May 11,
1995, an inspection had been made on 202 Spring Lake Circle for Minimum Standard Code.
On May 12, 1995 an NOCV had been sent to the property owner as identified by Orange County
Tax Record, Robert V. Reep, Jr., for violation of City Code, Chapter 108 Minimum Standards Code;
Article II Housing Minimum Standards Code:Article II Housing Minimum Standards Code: 108-19 Minimum
Standards For Basic Equipment and Facilities: I)Smoke Detector Systems: "Install smoke detectors to all sleeping
areas." 108-20 Minimum Requirements for Ventilation: "Complete the A/C system." 108-21 Minimum
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Code Enforcement Board Meeting
September 26, 1995
Requirements for Electrical Lights and Outlets: (A)Receptacle and Fixtures required: GFI: "Install a disconnect
for the a/c compressor. Install a/c compressor." 108-22 Minimum Requirements for Electrical Systems: "All
electrical outlet and fixture, all wiring and equipment shall be installed and maintained and connected in accordance
with NEC 1993. Remove open wiring on the rear wall of the house. Mark the electrical panel." 108-23 (E):
"Install all missing roof vent material." Officer Braddy said that there had been no re-inspection.
On August 26, 1995, an NOCV had been sent to the respondent for the same violations. An
inspection had originally been due on July 24, 1995. Mr. Reep had been given until September
3, 1995 to correct the violations. Ms. Braddy had received no response by September 6, 1995,
and an SOV and NOH were hand delivered on September 18, 1995 by Sgt. Seaver of the Ocoee
Police Department. At the request of Mr. Reep, a re-inspection on September 20, 1995 had
been completed by Ms. Braddy and the Electrical Inspector and the property still had the same
problem. She said that Mr. Reep had sent a letter informing the City that he had contacted legal
counsel, through the County, who advised him to move out of the house.
Officer Braddy said that the initial inspection had been made on May 11, 1995. The May 24,
1995 letter had given the respondent until July 24, 1995 to come into compliance. Member
Chestney asked whether Mr. Reep is still responsible for this property, and Attorney Feeney
explained that typically the seller signs an affidavit referred to as a "gap" or a "no lien" affidavit
that generally states that there are no secret mortgages, that they haven't secretly leased the
property, and that to their knowledge they haven't violated any City ordinances or Codes. That
flibr is an affidavit from seller to both the buyer and also to a title company, if a title company is
involved, whereby title companies literally guarantee the buyer in some cases for violations of
City Codes and City Ordinances. As between the City and the alleged violator, Attorney
Feeney said that he reds ondent owns the property, that they are responsible for the violation.
It is not a0 e€ ve Q the buyer that he bought this property and was promised that it was in
lJ� good repair and complied with the Code. He said that the Board could (1) find the respondent
guilty tonight, and (2) give the respondent a certain period of time to come into compliance, or
(3) alternatively give the respondent a continuance with the understanding that there is a Code
violation. Either way, the respondent must come back before the Board.
Chairman Carlsson agreed with Attorney Feeney and said that he was concerned about the
electrical (violation). He said that Mr. Reep has had from May 23, 1995 to correct these
violations. The property had been re-inspected on July 24, 1995. In response to Member
Chestney, Officer Braddy said that Mr. Reep had contacted the City after the inspection and
again recently on September 20, 1995. She said that he had advised her that he had moved out
of the house and that the power would be pulled. Member Chestney, seconded by Member
Sha. er moved to find Case No. 95-110 reference Robert V. Ree. Jr. at 202 S.rill! Lake
Circle, in non-compliance of Article II Minimum Housing Standard Code 108-19, 108-20, 108-
21, 108-22, 108-23, and be given until October 26, 1995 to bring all of these into compliance
or be fined $100 a day. Motion carried 6-0. In restating the motion Chairman Carlsson said
that the motion was to give Mr. Reep until October 22, 1995 to come into compliance or be
fined $100 a day thereafter. The compliance date was different. Based on Attorney Feeney's
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Code Enforcement Board Meeting
September 26, 1995
advice, the technical error in Chairman Carlsson restating the motion would be resolved in the
language of the original motion which called for October 26.
95-111, TRACEY E. PETERSON
8/26/95 NOCV - Re-inspection Date:6/06/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Hand Delivered
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Braddy testified that Case No. 95-111 referred to the property at 200
Spring Lake Circle. A Minimum Standard Inspection had been made on May 15, 1995, and
a letter had been sent on May 24, 1995 to the owner of record, Tracey E. Peterson, for violation
of City Code, Chapter 108 Minimum Standards Code:Article II Housing'Minimum Standards Code:Article
II Housing Minimum Standards Code;108-19 Minimum Standards For Basic Equipment and Facilities: I)Smoke
Detector Systems: "Install smoke detectors to all sleeping areas." 108-22 Minimum Requirements for Electrical
Systems; All electrical outlets and fixtures, all wiring and equipment shall be installed and maintained and
connected in accordance with NEC 1993. "Install blanks in the electrical panel box. There is a space large
enough to fit both of my hands in. This is very dangerous." Standard Plumbing Code 1204.1 Protection of Potable
Water Supply-Backflow: "Install backflow preventors on all exterior hose bibs." "*Re-inspection due on 7-24-94."
The respondent had been given until July 24, 1995 to correct the violation and to call for a re-
inspection. On August 26, 1995 the property was in non-compliance and an NOCV had been
sent to the respondent who had been given until September 3, 1995 to comply. Ms. Peterson
had not complied as of September 6, 1995, and an SOV and NOH were hand delivered to her
address by Sgt. Chuck Seaver on September 18, 1995. As of September 26, 1995 the
respondent had made no contact with Officer Braddy regarding a re-inspection. In response to
Chairman Carlsson, Officer Braddy said that the electrical violations were found during
inspections that had been made upon a request for water turn on. Member Shagner, seconded
by Member Santo, moved that Tracey E. Peterson, Case No. 95-111, be found in non-
compliance of City Code, Chapter 108 Minimum Standards Code: Article II: 108-19 I) Smoke
Detector Systems: 108-22: Standard Plumbing Code 1204.1 as of September 3, 1995, and be
given until October 2, 1995 to come into compliance or be fined $50 a day thereafter. Motion
carried 6-0.
95-112, VENTURA B. CISNEROS (473 Wurst Road)
8/26/95 NOCV - Re-inspection Date:9/6/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail - Hand Delivered
A Notice of Dismissal was presented to the Board for this case.
95-113, GOPATY RAMNARINE (1609 Lady Avenue)
8/26/95 NOCV - Re-inspection Date:9/11/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Hand Delivered
A Notice of Dismissal was presented to the Board for this case.
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September 26, 1995
95-114, ASSURED REALTY, RUBEN ALONO (1010 Nicole Boulevard)
8/26/95 NOCV - Re-inspection Date:9/6/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 9/18/95 POS - Mail Cert#Z395-711-332
A Notice of Dismissal was presented to the Board for this case.
95-115, MARTHA MEDINA
8/26/95 NOCV - Re-inspection Date:9/6/95 9/15/95 NOH - Board Meeting Date:9/26/95
9/15/95 SOV 7/20/95 POS - Mail- Cert#Z395-711-333
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Braddy testified that Case No. 95-102 referenced the property at 602
Melva Avenue. On February 21, 1995, an inspection had been requested by Cynthia H.
Sherman, a renter, and an inspection had been made on that date. The property owner had been
given until April 24, 1995 to bring the property into compliance. The respondent failed to
comply. On August 26, 1995 an NOCV had been sent to Martha Medina at 3703 Rollington
Lane, Apopka 32703 stating that she was in violation of City Code, Chapter 108 Minimum Standards
Code: Article II Housing Minimum Standards Code: 108-19 Minimum Standards for Basic Equipment and
Facilities: "Install smoke detectors to all sleeping areas." 108-23 General Requirements for the exterior and
interior of structures: "Repair all windows into working condition. Replace broken windows. Seal all holes in
flooring. (daylight can be seen through the cracks). Seal the large gap around the faucets in the bathtub. Repair
roof into working condition. Replace all rotted wood." Standard Plumbing Code 1204.1 Protection of Potable
Water Supply Backflow: "Install backflow preventors on all exterior hose bibs." "Re-inspection due on 4-24-95."
She was given until September 3, 1995 to comply. Officer Braddy said that on September 6,
1995, she had received no response from Ms. Medina. On September 18, 1995 an SOV and
NOH were sent certified mail, via restricted delivery, to the respondent, and Ms. Medina
received the mail on September 19, 1995. On September 23, 1995 Ms. Braddy returned a call
to the respondent who explained that she was intending to fix the property but had not had a
chance to yet. In response to Chairman Carlsson's concern about the holes in the floor,
Officer Braddy said that it was an old wood frame house, slatted flooring causes gaps and you
could see straight down through it. Member Shagner, seconded by Member Chestney, moved
that Martha Medina, Case No. 95-115, be found in non-compliance of Chapter 108, Article IL
108-19; 108-23 Standard Plumbing Code 1204.1 as of September 3, 1995 and be given until
October 2, 1995 to come into compliance or be fined $100 a day thereafter. Motion carried
6-0. In response to Chairman Carlsson, Officer Braddy said that she would make sure that
Ms. Medina received the Notice on Monday, October 2, 1995.
95-117, HARTLE MATHESON BOWNESS
9/13/95 NOCV - Re-inspection Date:9/16/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Mail - Cert#Z395-711-334
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-117 referred to the property at 407
Franklin Street. Ms. Simon said that the Public Works Department had received a complaint
that the business had not been receiving commercial solid waste removal service by the City's
franchisee. The complaint had been generated to the Public Works Department by the City
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Code Enforcement Board Meeting
September 26, 1995
franchisee via a copy of a letter to the business indicating termination of service. The property
had been inspected on August 31, 1995 and a receptacle was observed on the property there but
the BFI was stating that it was not being serviced for the business located at 407 Franklin Street.
Officer Simon contacted Ms. Rivard, the business owner of First Impressions at that address,
who wanted to resolve the matter. She said that Ms. Rivard had indicated that she, herself, was
removing the solid waste from the business. On September 13, 1995, an NOCV was sent to the
property owner as identified by Orange County Tax Record, Hartle Matheson Bowness, for
violation of City Code, Chapter 143-7: Removal of Solid Waste Required B (1): "All commercial
establishments in the city shall have all solid waste,... etc.. collected by the City's franchisee. It shall be a violation
of this Article for any person other than the franchisee of the city to collect or transport solid waste, etc. from
commercial establishments in the city" A re-inspection of the case on September 16, 1995 produced
a status of non-compliance, and the property owner was sent an SOV and NOH on
September 18, 1995, via certified mail by Board Clerk Seaver. On September 25, 1995 the
property owner at that location, Mr. Bowness, came into City Hall with the receipt of service
for commercial solid waste pickup. The violation has come into compliance. Member
Alexander, seconded by Member Shagner, moved that Hartle Matheson Bowness, Case No.
95-117 at 407 Franklin Street, be found in non-compliance of City Code, Chapter 143-7 as of
September 16, 1995 but in compliance as of September 25, 1995, and that no fine be imposed.
Motion carried 6-0.
95-118, FIRST IMPRESSIONS/JANET RIVARD (407 Franklin Street)
9/13/95 NOCV - Re-inspection Date:9/16/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Mail - Cert#Z395-711-335
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-118 was the same as Case No. 95-117.
Ms. Rivard rented the property from Mr. Bowness. Member Alexander, seconded by Member
Shagner, moved that Case No. 95-118, First Impressions/Janet Rivard, 407 Franklin Street, be
found in non-compliance of City Code, Chapter 143-7 as of September 16, 1995 but in
compliance as of September 25, 1995, and that no fine be imposed. Motion carried 6-0.
95-119, ED MULCAHY
9/13/95 NOCV - Re-inspection Date:9/14/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Hand Delivered
Chairman Carlsson said for the record that Mr. Mulcahy was present to represent himself, and
that this was a repeat violation. Code Enforcement Officer Simon stated that on September 11,
1995 the Code Enforcement Department had received a complaint by phone of the accumulation
of trash, wood, fence, lawn mowers, junk and debris in the yard at 510 Hill Avenue. Upon
inspection on September 12, 1995, of the property from Hill Avenue and not on the property
itself, Officer Simon said that she had observed a refrigerator, several piles of debris, and a
large roll of material that she believed was carpet that had later turned out to be plastic. Some
of the objects were more clearly identified when a walk through had been made of the property
at which time the property was found to be in non-compliance for the trash and debris. On
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Code Enforcement Board Meeting
September 26, 1995
September 13, 1995, an NOCV was sent to the resident, known to her as Ed Mulcahy, 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."
Officer Braddy had also observed appliances, miscellaneous debris, and a large roll of plastic
substance among lawn mower parts, wood piles, etc. Mr. Mulcahy had been cited as a repeat
offender and had been given until September 13, 1995 to bring the property into compliance.
Officer Simon testified that on September 14, 1995 a re-inspection had been made with Code
Enforcement Officer Braddy as a witness for the purpose of verifying whether the property was
in compliance or non-compliance, and to also have two (2) testimonies to offer as to the
condition of this property since Mr. Mulcahy was a repeat offender. The property was not in
compliance at that time. On September 18, 1995, an SOV and NOH to this Board meeting was
hand delivered to Mr. Mulcahy by the Ocoee Police Department. To date there has been no
contact for a request to re-inspect the property. Until the property has been cleaned, and a
request is received for re-inspection, the property is still in non-compliance.
Edward J. Mulcahy, 510 Hill Avenue, after being sworn in by Deputy Clerk Seaver,
presented photos for the Board's review. Ms. Seaver informed Mr. Mulcahy that the photos
must be turned in as evidence should he decide to present them. Upon instruction by Attorney
Feeney, Clerk Stenographer Lewis marked the photos as Exhibit A, B, etc. for the purpose
of building a record, and also when questions were asked about the photographs that the records
were clear. Chairman Carlsson informed Mr. Mulcahy of the violation and asked if he wished
to make a statement. Mr. Mulcahy said that he pleaded "no" to most of them (the violations).
He then presented two photographs that were marked as Exhibits "A" and "B".
In response to Chairman Carlsson referencing Exhibit "A", Mr. Mulcahy said that the object
was not in an enclosed building, that it was in a fenced area. Mr. Mulcahy said that he
believed that the place was almost spotless, and that nothing had been brought into the yard.
He did not know what the Code Enforcement Officer was referring to as building materials.
Chairman Carlsson said that, referencing Exhibit "B", Mr. Mulcahy had around 13-14 yards
of carpet which would be considered as building materials. In response to Chairman Carlsson,
Code Enforcement Officer Simon said that she had not observed on final inspection much of
the junk and debris which had been later observed. She said that Mr. Mulcahy had admitted that
he had received the appliances, building materials, etc. and that he was in violation.
In response to Member Chestney, Mr. Mulcahy said that he could come into compliance by
October 3. Member Chestney, seconded by Member Alexander, moved that Case No. 95-
119 reference Ed Mulcah 510 Hill Avenue be found in non-com'Hance of Chas ter 115-2 as
of September 14, 1995, and be given until October 2, 1995 to come into compliance or be fined
$100 a day thereafter. Mr. Mulcahy said that whatever Officer Simon wants out of there, he
would guarantee to have it all out if the Board would give him until October 3. Chairman
Carlsson objected and said that as a repeat violator Mr. Mulcahy should be fined as of
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Code Enforcement Board Meeting
September 26, 1995
September 11, 1995. Member Chestney agreed with Mr. Carlsson, and withdrew his motion
referencing Case No. 95-119, Ed Mulcahy, and Member Alexander withdrew the second.
Member Chestney, seconded by Member Santo. moved that Case No. 95-119, Ed Mulcahy,
510 Hill Avenue, be found as of September 11, 1995 in non-compliance of Chapter 115-2 and
be fined $100 a day as of September 11, 1995 as a repeat violator until he comes into
compliance. Motion carried 6-0.
Mr. Mulcahy stated that he would like to ask the Board attorney a question, and Chairman
Carlsson said that the case was closed. He then voiced an appeal for the case, and Attorney
Feeney said that there were two basic avenues at this point; 1) the rules provide for a motion
of a rehearing, or 2) the Board could consider new evidence or things that were not considered
during this meeting. He said that alternatively, Mr. Mulcahy had the right to go to court and
would need a copy of the transcript from the proceedings tonight.
Mr. Mulcahy continued speaking and Chairman Carlsson asked counsel if the hearing should
be closed. Attorney Feeney said that the public hearing had actually closed before the Board
entertained the first motion. The time to present evidence was during the public hearing and
Mr. Mulcahy could ask the Board to reconsider or rehear, at another date, its opinion and
submit new evidence at that time or he could appeal the decision made by this Board.
Chairman Carlsson said that the Board could hear the case at the next meeting but Mr.
Mulcahy must make a written request to the Code Enforcement Officer and then present his new
evidence at that time. Attorney Feeney informed Mr. Mulcahy that the time line for an appeal
to the Circuit Court in Orange County is 30 days.
95-120, JEAN LEPAGE THOMAS CIO BOBBIE BOEH
9/13/95 NOCV - Re-inspection Date:9/14/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Mail Cert#Z395-711-336
Chairman Carlsson said for the record that Bobbie Boeh was present to represent Ms. Thomas.
Code Enforcement Officer Simon testified that the City had not received POS but a
representative of the property owner was present. She asked the Board to hear the case with
Ms. Boeh's consent. Chairman Carlsson said for the record that Ms. Boeh did consent to hear
the case. Officer Simon said that Case No. 95-120 referenced the location at 510 Hill Avenue.
On September 11, 1995 the Code Enforcement Department had received a complaint of an
accumulation of trash, wood, fence, lawn mowers, and junk in the yard around the house. On
September 12, 1995 Officer Simon had inspected the property at Hill Avenue and she had
observed appliances, debris, rolled plastic, and other forms of trash and debris. On
September 13, 1995 the property owner as identified by the Orange County Tax Records, Jean
Lepage Thomas, was sent an NOCV for violation of Chapter 115-3. 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." This had been an original Notice of Code Violation rather than
a repeat offender notice on the property owner. Ms. Simon said that the original NOCV did
have checked "repeat offender" but that had been in error. Ms. Thomas had been cited again
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Code Enforcement Board Meeting
September 26, 1995
as an original offense and she had been given the same date to bring the property into
compliance. On September 14, 1995 Officers Simon and Braddy had made a re-inspection of
the property and it was found to be in non-compliance. On September 18, 1995 an SOV and
NOH to this Board meeting were sent certified mail to Ms. Jean Lepage Thomas c/o Bobbie
Boeh, her daughter and agent for Ms. Thomas. To date, no contact or request has been made
by the tenant, however, Lester Boeh had contacted Officer Simon several times to check on the
status of the property.
Bobbie Boeh, 2253 Boy Scout Road, Apopka 32803, was sworn in by Deputy Clerk Seaver,
and said that it was obvious that Ed was difficult to deal with. There were some things that they
had tried to get Ed to comply, they had served eviction(Notice) on him which he was countering
by fighting the eviction. Ms. Boeh said that Mr. Mulcahy was suing them for damages in
excess of $15,000, his lease had ended, and by law they were proceeding to get it straightened
out. She wanted to know what she could do to encourage Mr. Mulcahy to obey the City's rules
so that he was not in violation, and so she was not in violation. In response to Member
Alexander, Ms. Boeh said that she was trying to evict him. Also, in response to Chairman
Carlsson, Ms. Boeh said that she had filed a seven (7) day non-compliance on June 15, 1995,
and seven (7) days was on June 23, 1995. She said that she was trying to let Mr. Mulcahy do
his thing. Finally, she had filed with the court on the 20th to have him served, and that
happened coincidentally to be the date that Mr. Mulcahy had called for an inspection.
L,
Member Chestney asked what Ms. Boeh was being told regarding the eviction notice, and Ms.
Boeh said that it had been turned over to their attorney who had been in contact with but had
heard nothing from Mr. Mulcahy's attorney. Member Chestney, seconded by Member Santo.
moved to continue Case No. 95-120, Jean Lepage Thomas c/o Bobbie Boeh, 510 Hill Avenue,
until the next meeting, with the request that the owner provide to the City a copy of the law suit,
lease, notices to the tenant and any other information that the respondent thinks will become
pertinent to the case. Motion carried 6-0.
95-122, THOMAS B. MONKS
8/29/95 NOCV - Re-inspection Date:9/10/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Hand Delivered
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-122 referenced the property at 1246
Russell Drive. On August 28, 1995 after receiving several anonymous complaints of junk
vehicles, boats, and RV's in the front yard, along with several other complaints in that area,
she had observed a red compact vehicle with a lot of front end damage and the vehicle appeared
to be inoperable. She sent the property owner as identified by the Orange County Tax Records,
Thomas B. Monks, an NOCV for violation of City Code 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 City identifies a junk vehicle as a vehicle that is not currently
properly licensed with a tag or has the appearance of being in operable. The property owner
10
Code Enforcement Board Meeting
September 26, 1995
was given until September 9, 1995 in order to bring the property into compliance. Mr. Monks
had contacted her once about how he could resolve the matter. She had returned his call and
left a message but there had been no further contact from Mr. Monks. On September 10, 1995
a re-inspection of the property produced a status of non-compliance with the violation. On
September 18, 1995 an SOV and NOH to this Board meeting was hand delivered to that location
by the Ocoee Police Department. To date the property was still in non-compliance. Member
Chestney, seconded by Member Shagner, moved to find Thomas B. Monks, Case No. 95-122,
1246 Russell Drive, in non-compliance of Chapter 165-3 as of September 9, 1995, and be given
until October 2, 1995 to come into compliance or be fined $50 a day thereafter. Motion carried
6-0.
95-123, JIMMY R. BROWDER &/OR VICTORIA LYNN BROWDER-PANTOJA
8/31/95 NOCV - Re-inspection Date:9/11/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Hand Delivered
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-123 referred to the property at 907
Jamela Drive. On August 31, 1995, an NOCV was sent to the property owners, identified by
Orange County Tax Record as Jimmy R. Browder &/or Victoria Lynn Browder-Pantoja, for
violation of City Code, 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 home park." The property owners were given until
September 10, 1995 in order to bring the property into compliance. A re-inspection of the
property on September 10, 1995 produced a status of non-compliance of the City Codes. On
September 18, 1995 an SOV and NOH was hand delivered to the property owner by the Ocoee
Police Department. A request for re-inspection was called in to the Code Enforcement
Department, and on September 22, 1995 the property was deemed in compliance and the boat
had been removed from the front yard. Member Chestney, seconded by Member Alexander,
moved to fmd Jimmy R. Browder &/or Victoria Lynn Browder-Pantoja, Case No. 95-123 in
non-compliance of City Code, Article VI 6-4 H) 5-b, as of Se.tember 10, 1995 but in
compliance as of September 22, 1995, and that no fine be imposed at this time. Motion carried
6-0.
95-124, GLADYS BOWLING
8/29/95 NOCV - Re-inspection Date:9/14/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Hand Delivered
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-124 referred to the property at 1102
Kimball Drive. On August 29, 1995 an NOCV was sent to the property owner as identified
by Orange County Tax Record, Gladys Bowling, for violation of City Code, 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,
1 1
Code Enforcement Board Meeting
September 26, 1995
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 home
park." The observation on several dates had been that of a large RV parked in the front
driveway. The property owner was given until September 8, 1995 in which to bring the
property into compliance. A re-inspection of the property on September 14, 1995 produced a
status of non-compliance with the City Codes. On September 18, 1995 an SOV and NOH to
this Board meeting was hand delivered to the property owner by the Ocoee Police Department.
To date the RV is still parked in the driveway. Officer Simon said that each time over a two-
month period that she had observed the RV, it had been parked in the driveway in the same spot
and had not been moved. It was a very large RV and Officer Simon said that she believed it
exceeded 24 ft. There had been no contact with the property owner. Chairman Carlsson
expressed concern over the legality of this case as Article VI 6-4 (H) 5-b states, "shall be parked
or stored for more than 48 hours," and asked Officer Simon if she could attest to the fact that
it had been parked for over 48 hours continuous in one spot. He said that she had said
"observed on several dates." Officer Simon said that it was in the exact same spot and she
could verify it with log sheets. Member Shagner, seconded by Member Santo, moved that
Gladys Bowling, Case No. 95-124 be found in non-compliance of City Code, Article VI 6-4 (H)
5-b as of September 8, 1995, and be given until October 2, 1995 to come into compliance or
be fined $50 a day thereafter. Motion carried 6-0. In response to Chairman Carlsson,
Building and Zoning Director Flippen said that records would be reviewed to verify that the
property in question did not have a handicapped exception. Officer Simon said that the SOV
and NOH to this Board meeting were hand delivered by a police sergeant and it had not
prompted anyone to contact the City otherwise.
95-125, DEAN HARPER
9/13/95 NOCV - Re-inspection Date:9/16/95 9/18/95 NOH - Board Meeting Date:9/26/95
9/18/95 SOV 9/18/95 POS - Cert#Z395-711-337
Chairman Carlsson said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-125 referred to the property at 58 W.
Circle Key Drive. On September 13, 1995, an NOCV had been sent to the property owner
as identified by Orange County Tax Record, Dean Harper, for violation of City Code, Chapter
108-23 General Requirements for the Exterior and Interior of Structures: (I) Windows -All windows must be
operable etc.; (0) Screens -must have screens that are bug proof; (R) Interior Floors; Chapter 108-22 Minimum
Requirements for Electrical Systems: "All electrical wiring outlet and fixture, all wiring and equipment shall be
installed and maintained and connected in accordance with NEC 1993." The observations, generated through
a Minimum Housing Inspection, had been that of no light switch in the first bedroom. The
Building Official had approved the placement of a light switch outside the bedroom door. All
screens must be installed and bug free, and there were several weak areas in the boards in the
living room and closet area. There were some windows that were not functional. Also, a hole
in the floor in the closet in the rear bedroom had been observed, and the flooring underneath the
12
Code Enforcement Board Meeting
September 26, 1995
hotwater heater needed to be re-enforced. The property owner was given until September 15,
1995 to request a re-inspection for any and all corrections to the violations, and the case file
shows no request. On September 8, 1995, an SOV and NOH to this Board meeting was sent
certified mail to Mr. Harper. On September 25, 1995, an employee of Mr. Harper's requested
a re-inspection. Officer Simon did a re-inspection on September 26, 1995 and the property is
still in non-compliance of Chapter 108-23 (R) Interior Floors only. The respondent had
complied with Chapter 108-23 (I) Windows, (0) Screens, and Chapter 108-22 Minimum
Requirements for Electrical Systems. In response to Member Chestney, Officer Simon
explained that the employee of Mr. Harper's had spoken with Officer Braddy and had thought
the property had already been re-inspected. She said that Ms. Braddy had told the respondent
several times that there was nothing on their records that either Officers Braddy or Simon had
returned since March for a re-inspection. Member Chestney, seconded by Member Shagner,
moved that Dean Harper, Case No. 95-125, 58 W. Circle Key Drive, be found in compliance
of 108.22, 108.23 (I), (0), but in non-compliance of 108-23 (R) Interior Floors as of September
15, 1995 and be given until October 2, 1995 to come into compliance or be fined $100 a day
thereafter. Motion carried 6-0.
OTHER BUSINESS
None
COMMENTS
City Manager: None
Building and Zoning Official Flippen: None
Code Enforcement Officers: None
Police Department: None
BOARD MEMBERS
Member Santo: None
Member Shagner expressed a "welcome aboard" to Member Santo.
Member Chestney: None
Member Alexander commended Acting Chairman Carlsson on doing a wonderful job as
Chairman.
Alternate Member Sidles: None
Mayor Vandergrift:
1) Said that the Board meeting that evening had been video taped.
2) Reported that attempts by a ministry group to assist the owner with window replacement
in Case No. 95-42, involving 52 W. Circle Key Drive, had been unsuccessful. Costs
may be prohibitive in replacing the windows compared to worth of mobile home.
Discussion ensued about alternatives for the owner of the trailer.
13
Code Enforcement Board Meeting
September 26, 1995
3) Said that he was still pushing for a dinner or breakfast to recognize the people who
volunteered to serve on the Boards.
Attorney Feeney had checked the Administrative Rules about re-hearings, and said that Mr.
Mulcahy's request for a re-hearing must be in writing. There were 10 days in which someone
who is unsatisfied with a decision could request the Board to re-consider its decision. Anyone
could make the request, it did not have to be a violator.
ADJOURNMENT
The meeting was adjourned at 9:25 p.m.
APPROVED:
Attest:
1
1
..11111 t '� .41.ffl_ cW-C4,._._
She Seaver, ty Clerk Frank Carlsson, Acting Chairman
L
Ju Lewis, Clerk/S ographer
,' 14