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HomeMy WebLinkAbout07-26-1994 Minutes Loy MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON July 26, 1994 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 and led in the pledge of allegiance. The opening prayer was led by Vice Chairman Carlsson. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Chestney, Lenko, Shagner, and Alternate Glass. Also present were Attorney Cool, Code Enforcement Officer Simon, Deputy Clerk Seaver, and Clerk/Stenographer Lewis. ABSENT: Alternate Barnett (unexcused). APPROVALS This item consisted of the Minutes of the May 24, 1994 Code Enforcement Board. Member Lenko asked if the motion approving the minutes of the February 22, 1994 meeting included the minutes of the March 22, 1994 meeting as they were not listed on the agenda for approval. Member Lenko, seconded by Member Shagner, moved to approve the Minutes of the May 24, 1994 Code Enforcement Board meeting, as presented, and to also approve the Minutes Lof the March 22, 1994 meeting. Motion carried 7-0. COMMENTS FROM CITIZENS There were no citizens comments at this time. HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING 94-17, JEAN LEPAGE THOMAS Upon Chairman Sills' request, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Officer Simon testified that this case citing the owner for violation of City Ordinance, Chapter 115-1 Nuisances, Public Health, conditions for excessive trash debris, to include building materials, Chapter 119, operating a business without an occupational license, and Chapter 43.7, harboring a barnyard animal in a residential area was generated on April 20, 1994 by Code Enforcement Officer Braddy. On May 10, 1994, the property had been reinspected and found to be in non-compliance of the citation. On May 11, 1994 a Statement of Violations and Notice of the Hearing was sent to the owner of record, Jean Lepage Thomas, by certified mail to 49 Hudson Street. The certified mail was returned to the Building Department and a Statement of Violations and Notice of Hearing for the July 26 meeting was hand delivered by the Ocoee Police Department on July 19, 1994. To date no corrections have been made on the property. Since the Statement of Violations was served there has been an additional sign (posted) advertising the business. Ed J. Mulcahy, 510 Hill Avenue, was sworn in by Deputy Clerk Seaver, who explained Mr. Code Enforcement Board Meeting July 26, 1994 Mulcahy had not received notification until the Ocoee Police Department delivered it to the respondent. Mr. Mulcahy explained that Ms. Thomas had not lived at the address in three and one-half years and her daughter receives Ms. Thomas's mail. He had made attempts to clean the area and asked for an extension. Officer Simon had not originated the case and recommended regenerating the case as Mr. Mulcahy had not received the original Notice of Violations. Mr. Mulcahy confirmed that he was renting the property and Vice Chairman Carlsson recommended that Mr. Mulcahy be made party, as renter, of the next case. Vice Chairman Carlsson, seconded by Member Lenko, moved to table Case 94-17, Jean LePage Thomas, to the August 23, 1994 meeting and to also cite Ed J. Mulcahy as renter. Motion carried 7-0. 94-18, BETTY PEDRICK Chairman Sills stated for the record that Ms. Pedrick was present to represent this case. Officer Simon testified that the trailer at 149 Mobile Lane had originally been inspected by Ms. Braddy for a minimum housing inspection reference to water cut-on on November 8, 1993. On December 28, 1993 a letter was sent notifying Ms. Pedrick of certain electrical conditions and she was given until January 10, 1994 to complete for reinspection of the electrical conditions. Under all other violations that were noted Ms. Pedrick was given the routine 60 days, under the minimum housing ordinance/standards, from the mailing date of the letter to correct the violations. The property was reinspected on April 4, 1994 and found in violation of Section 108-6, the Minimum Housing Standard Codes. On May 10, 1994, the property was reinspected and found in non-compliance of the Notice of Violations that they were sent. A Statement of Violations and a Notice of Hearings to the Code Enforcement Board on May 12, 1994 for the May 24, 1994 meeting were sent. At that meeting the case was continued until June 28, 1994 which meeting was cancelled. A Statement of Violations and a Notice of Hearing were regenerated for the current meeting and sent certified mail to Ms. Pedrick, as owner of the lot; however, she is not the owner of the trailer nor is she residing there. The date of delivery on her notice is July 21, 1994. A reinspection on July 26, 1994 shows non-compliance with serious electrical problem. The electrical inspector will testify as to whether his testimony applies to this case or on Case 94-21, Kenneth Chisolm, owner of the trailer, all in reference to 149 Mobile Lane. Although major improvements have been made, Ms. Pedrick is still not in compliance on Section 108-24 nor Section 108-22, for debris and serious electrical problems. Municipal Inspector Hendrix was sworn in by Deputy Clerk Seaver and he testified that he had inspected the site that day. He had been to the site before with Code Enforcement Officer Braddy and found the service is not to Code. The electrical pole is rotten at the bottom and is propped up and there is no main breaker. The wiring going into the trailer has no panel cover on the panel inside the trailer. The breakers are doubled up (there are three wires on one breaker). This is a potential hazard. Member Chestney pointed out the pole is in violation, there are no breakers, and the total service is not up to Code and people are living in this place. Inspector Hendrix explained further that the service on the pole coming off the pole and going 2 Code Enforcement Board Meeting July 26, 1994 to the mobile home is not to Code. Respondent Pedrick was sworn in by Deputy Clerk Seaver. Chairman Sills explained to Ms. Pedrick the violation of several minimum standards and electrical Codes and asked if she understood. Ms. Pedrick said she had been on vacation when the first notice had been sent and had just received the Certified copy. She said the pole would be her responsibility but she did not own the mobile home. She has talked with the renter several times and had served a three day eviction notice on July 11 for the renter to move the mobile home. She said she will get the yard cleaned of the tires and what is left in the yard. She suggested the City turn off the electricity and said she will replace the rotten pole. Member Lenko observed that, with no main disconnect breaker, the whole panel could blow while waiting for the eviction time to run its course. Vice Chairman Carlsson asked counsel to confirm that Ms. Pedrick was in violation as the owner of the pole and owner of the service going in and definitely in violation of Section 108.6 Minimum Standards Codes and Section 108.22 Minimum Requirements for Electrical Service because the pole belongs to the owner. Attorney Cool confirmed Mr. Carlsson's statements. Member Chestney, seconded by Member Lenko, moved to find Betty Pedrick in violation of Sections 108.22 and 108.24 and to assess a fine of$100 a day fine until the situation is corrected, to start within 10 days, August 5, 1994. Member Shagner moved to amend the motion to begin the $100 per day fine within three days, - July 29, 1994. Motion to amend carried."th Vice Chairman Carlsson voting "nay." Vice Chairman Carlsson, seconded by Member Shagner, moved to amend the motion to include Section 108.6 and amend the starting time of the $100 per day fine to July 28, 1994, around 4:00 p.m. Motion carried 7-0. Motion on the original motion as amended carried 7-0. 94-19, MARIA VELA Chairman Sills stated for the record that there was no one present to represent this case. Officer Simon said the Proof of Service has not been delivered and Ms. Vela is not picking up the certified mail. The last notice was sent for the prior meeting which had to be continued because Ms. Vela picked up the notice a couple of weeks after it had been sent. The Proof of Service was not received back so she had not been notified of this meeting. Member Lenko asked if a police officer could possibly deliver the Notice of Hearing. Officer Simon explained that an officer could not deliver it as Ms. Vela did not live in the City. Member Lenko pointed out that this is where a City process server ordinance would have helped. Vice Chairman Carlsson, seconded by Member Alexander, moved to table Case 94-19, due to non-service. Motion carried 7-0. Chairman Sills said this case is tabled until the August meeting. 94-20, CONNIE PELTONEN Code Enforcement Officer Simon stated that Case 94-20, location known as 167 E. Silver Star 3 Code Enforcement Board Meeting July 26, 1994 Road, was inspected by Inspector Braddy on April 7, 1994 and found in violation of Code, Chapter 51-23, building permit application required, and Chapter 51-21 building construction without a permit (A fence had been erected without a permit), and Chapter 115-1 nuisances, trash and miscellaneous debris in the yard. A Notice of Violations had been sent on April 20, 1994 and Ms. Peltonen was given until April 30, 1994 to come into compliance by cleaning the yard, applying for and obtaining a permit for the fence. The property was reinspected on May 10, 1994. A letter, Statement, and Notice of Hearing were sent on May 13, 1994 for the May 24, Board meeting. Ms. Simon was unsure whether the case had been heard at that hearing so a Statement of Violations and a Notice of Hearing were hand delivered by the Ocoee Police Department on July 19, 1994. Records were checked to date and did not reflect a fence permit. Photographs taken verified that a fence is erected at the location. She did not note the trash violation. Bruce Peltonen, 167 Silver Star Road, was sworn in by Deputy Clerk Seaver, and said he was representing his wife, Connie. Chairman Sills asked if the Peltonen's had erected a fence without a permit. Mr. Peltonen said yes as he had checked with friends, who worked in construction, that had told him a permit was not needed. He stated he should have checked with the City but had not done so. He had also intended to get back with Officer Braddy who had told him a survey was needed. There had been a lack of communication. He was waiting to get back with Ms. Braddy to see what was actually needed, the survey or the permit. The yard had been cleaned of debris and given the option he will get a permit (for the fence). Vice Chairman Carlsson, seconded by Member Lenko, moved to find Connie Peltonen, Case No. 94-20 in violation of Chapter 51-23, construction without a permit, and be given until July 29, 1994 to obtain a permit or be fined $25 a day thereafter. Motion carried 7-0. AGENDA ITEM IV-H, CASE NO. 94-32, MICHAEL AND/OR JENNIFER BISHOP WAS CONSIDERED BEFORE ITEM IV-E AND HEARD AT THIS TIME ON THE AGENDA. Vice Chairman Carlsson, seconded by Member Lenko, moved to consider agenda item IV-H before IV-E. Motion carried 7-0. Code Enforcement Officer Simon stated in response to a complaint at 484 Picwood Court she had inspected and found a violation of Chapter 51, Sec. 51- 21 A, permit required for a carport that had been put on, and a permit for the shed in the rear yard. City records do not reflect a permit for either the shed or the carport. In addition, there was a violation of Chapter 153, Sect. 153-1, for a basketball goal being erected in the right-of- way. On June 5, 1994, the owner of record was sent a Violation Notice and given until June 15, 1994 to comply. The owner of record, Mike Bishop, had contacted her several times before the compliance date. Officer Simon had been to the location and Mr. Bishop had been very cooperative. She said Mr. Bishop had attempted to come up with a solution without actually having to tear the carport down. He had applied for a permit but did not have the required setback footage needed between the structure of his house and the property line to erect the carport and still maintain a 7 1/2 ft. setback. He was denied the permit. He has had several conversations with staff in the building department in an effort to come up with an alternative. 4 Code Enforcement Board Meeting July 26, 1994 Ms. Simon had reinspected the property on July 19, 1994 and a Statement of Code Violations was hand delivered by the Ocoee Police Department on July 20, 1994. A picture was presented to the Board for review. Michael Bishop, 484 Picwood Ct., was sworn in by Deputy Clerk Seaver. In response to Member Chestney's question Mr. Bishop stated he had not applied for a variance. He had spoken with (Commissioner) Rusty Johnson who had advised him to appear before the Board. In response to Member Lenko's question, Mr. Bishop said the pole was in the right-of-way. Officer Simon explained there was a 11 1/2 ft. room and she had measured from the wall to the pole, without the overhang, is 9 1/2 ft. Even if Mr. Bishop tried moving the poles to create some kind of setback, it will not allow room for a vehicle at 7 1/2 ft. Chairman Sills asked if the setback was between the street and the sidewalk. Ms. Simon said it was to the property line. Adair Street runs down the side. Mr. Bishop could take the slab up to two feet from the property line but the carport is attached to the house and must maintain a setback of 25 ft., front and rear, and 7 1/2 ft. on the sides. Mr. Bishop had 11 1/2 ft. to work with. Member Glass asked what the procedures were for a continued variance and Chairman Sills said the Board recommends that Mr. Bishop go to the Planning and Zoning Commission and apply for a variance if that is the desire of the Board. Member Chestney, seconded by Vice Chairman Carlsson, moved to find Michael and/or Jennifer Bishop in violation of Chapter 51-21 A, permit required, for the shed and carport (and not the basketball goal) and be given a three months extension until October 25, 1994, and Section B, three months in which time to obtain a variance from the City of Ocoee, or be fined $25 a day thereafter. Motion carried 7-0. Mr. Bishop was advised by the Board that he could appear before the City Commission to request a variance and seek permission to keep the basketball goal on the right-of-way. Vice Chairman Carlsson, seconded by Member Shagner, moved to find Michael and/or Jennifer Bishop, Case 94-32, in violation of Chapter 153, Section 153-1, reference to the basketball hoop, and be given 14 days, until August 9, 1994 to remove the basketball hoop or be fined $25 a day thereafter. Motion carried 7-0. 94-21, KENNETH CHISOLM Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated the trailer had been originally inspected by Officer Braddy for a Minimum Housing Inspection for water cut-on on November 8, 1993. A Minimum Housing letter had been sent giving the Chisolms' a list of the violations that needed to be corrected on the date of December 28, 1993. They were given to January 10, 1994 to complete the electrical problems and a routine 60 days to correct the remainder of the violations. Upon reinspection on April 7, 1994 the property was found in violation of Section 108-6, Minimum Standards Code. On May 10, 1994 the property was reinspected and found in non-compliance of the Notice of Code Violation. They were sent a Statement of Violations and a Notice of Hearing on May 12, 1994 for the May 24, 1994 Code Enforcement Board meeting. The case L5 Code Enforcement Board Meeting July 26, 1994 was continued from that meeting until the June 28, 1994 meeting which was cancelled. A Statement of Violations was hand delivered to the Chisolms by the Ocoee Police Department on July 19, 1994. The electrical inspector gave the Board his opinion of the condition of the electrical. Officer Simon said she had not been the original officer on the inspection but had reinspected the property that day. She had spoken at length with the owner of the trailer, Donna Chisolm, and encouraged her to appear at the meeting. Member Lenko asked if these problems were serious enough that Mr. Flippen would consider condemning the trailer. Officer Simon said that she had not seen inside the trailer. She had not done the original Minimum Housing Inspection on the whole trailer but did not believe that it had been cited for anything structural. Most of the electrical problems will be rectified by the property owner. She assumed from the prior case that somebody separate owns the property and the leaning pole. Member Lenko pointed out the Chisolms were living in an unsafe area. Member Chestney explained that a letter, dated May 24, 1994, from the Chisolms stated they were working on the particular problems. At that time the Board had given them extra time. There had been no meeting in June and a serious electrical problem still existed. The trash was immaterial at this point. Discussion ensued on the best method in rectifying the problem. Vice Chairman Carlsson said the Board was doing the same thing by cutting the power off, and the City won't turn it back on until it meets City Code. Member Lenko, seconded by Member Chestney, moved to find Kenneth Chisolm, Case No. 94-21, in violation of Section 108-6, Minimum Standards Code, and be given until 4:00 p.m., July 28, 1994 to come into compliance or be fined $100 a day thereafter. Motion carried 7-0. 94-29, ROBIN RIVENBURG Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated she had been unable to deliver this Case. The property owner had informed her that the individual residing in the trailer was out of town. She had been to the location that day. The Police Department, as well as Ms. Simon, had attempted delivery. She recommended continuing the Case. Member Lenko, seconded by Member Shagner, moved to continue Case No. 94-29, Robin Rivenburg, to the August 23, 1994 meeting. Motion carried 7-0. 94-30, BETTY PEDRICK Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated that although Ms. Pedrick has been served twice on this case as the property owner, due to our being unable to serve the resident of the trailer, this case should be continued again. Member Shagner asked why would we continue the case if Ms. Pedrick is responsible as the owner. Officer Simon said the Board has continued this case twice because the renter could not be served. Chairman Sills said it had been continued from the May meeting because Ms. Pedrick had been on vacation. Vice Chairman Carlsson, seconded by Member Shagner, moved to table Case 94-30, Betty Pedrick, to the August 23, 1994 6 Code Enforcement Board Meeting July 26, 1994 meeting, and re-serve Ms. Pedrick. Motion carried 7-0. 94-32, MICHAEL AND/OR JENNIFER BISHOP - THIS CASE WAS HEARD BEFORE ITEM IV-C ON THE AGENDA (See page 4). 94-34, JOYCE AND/OR TIMOTHY FAKE Chairman Sills stated for the record that there was no one present to represent this case. Deputy Clerk Seaver distributed a letter requesting an extension. Code Enforcement Officer Simon stated that she had inspected 1809 Prairie Lake Boulevard in response to a complaint of a swimming pool without a fence and found the owner of the property to be in violation of Chapter 158-31 which states that all pools shall be enclosed. Mr. and Mrs. Fake were cited on July 7, 1994 and given until July 15 to comply. Mr. Fake contacted Officer Simon July 7 requesting an extension and permission to put up the fence by July 30. Officer Simon advised Mr. Fake that an extension could only be granted by the Code Enforcement Board and up reinspection on July 19, 1994 she found the property non-compliance. On July 20, Mr. Fake delivered a letter post dated August 19, 1994, and when questioned about the date by Officer Simon, Mr. Fake stated he was trying to give himself some time in case he could not get the money right then. On July 25, 1994, Mr. Fake obtained a building permit and said he was going to borrow the money to build the fence. Officer Simon said there was an above ground pool with a deck and a lock on the ladder with a fence on one side. There is no fence around the pool and the pool is not enclosed. He will need to fence the rear and the side with gates in the front. There is very dense shrubbery around his yard. He does not have fence on two sides and he would need a gate on each side. Member Chestney asked the height of the pool. Officer Simon said that it is at least 4 ft. above ground pool with a decking. Vice Chairman Carlsson asked what the City recommends on this Case and did they feel it was safe enough to give the respondent to the 19th. Officer Simon said Mr. Fake had been very cooperative, contacted her before his compliance date to make arrangements, and had obtained a permit. She thinks he will follow through with it but felt August 19th was a little bit long because of the hazard. Member Lenko, seconded by Vice Chairman Carlsson, moved to find Case No. 94- 34, Joyce and/or Timothy Fake, in non-compliance of Chapter 158-31 F and that they must come into compliance by August 9, 1994 or be fined $75 a day thereafter. Motion carried 7-0. 94-35, RICHARD HEALY Chairman Sills stated for the record that there was no one present to represent the case. Code Enforcement Officer Simon stated that on July 1, 1994 she had inspected the property for a complaint of excessive trash in the yard, overgrown weeds, and trash. On July 6, 1994 she had cited the owner for violation of Chapter 115-1: Nuisance constituting a public health hazard to the trash in the yard; and cited the owner for Chapter 108 under the Minimum Housing Ordinance for weeds and grass. As she had already cited them through the Code Enforcement Board for one violation she cited them for Chapter 108 for weeds and grass. Instead of citing them under the new chapter and posting it she had spoken with the Building Official as opposed ikair 7 Code Enforcement Board Meeting July 26, 1994 to posting every single residential property. Under the new ordinance if there is already a case going to the Code Enforcement Board, a section under the Minimum Housing Ordinance addresses weeds and grass. She could then address that under the first complaint. Reinspection occurred on July 20, 1994 and a Statement of Violations and Notice of Hearing to this Code Enforcement Board meeting were hand delivered by Ocoee Police Department. She reinspected it again on July 26, 1994 and did not note the trash, toys, or debris that had been in the front yard. The yard stiii is still overgrown. Numerous complaints had been received, including the Police Department who had responded and had found the back yard in bad condition. She had been unable to inspect the rear yard because of a privacy fence. The trash may have been taken out of the front yard and put in the rear. Officer Simon stated that Code violation Chapter 115 has been rectified in the front yard. Member Lenko, seconded by Vice Chairman Carlsson, moved to find Case No. 94-35, Richard Healy, in violation of Chapter 108, Minimum Housing Ordinance, which should be brought into compliance by August 2, 1994 or be fined $100 a day thereafter. Motion carried 7-0. 94-23, THOMAS JOHN WISE Chairman Sills stated for the record that there was no one present to represent this case. The case had been continued from the May meeting and Vice Chairman Carlsson asked for an update as he had not been present for that meeting. Code Enforcement Officer Simon explained that Officer Braddy had originated this case, and had cited the wrong owner. The correct owner has not been cited and had not received an original Notice of Violation. The case must be continued to the next meeting. Mr. Wise is the renter. Vice Chairman Carlsson asked what is wrong with the property. He suggested citing Mr. Wise if the owner could not be located. Officer Simon said it had been cited for broken windows, no steps to the rear door, and building materials in the rear yard. Vice Chairman Carlsson, seconded by Member Alexander, moved to table Case No. 94-23, Thomas John Wise, to the next meeting and have Mr. Wise cited to appear if the owner is not located. Motion carried 7-0. OTHER BUSINESS 94-22, BASE OPERATIONS MANAGEMENT SERVICES, INC. The Affidavit of Compliance was distributed to the Board for review. MEMORANDUM FROM D. W. FLIPPEN Chairman Sills explained that Mr. Roy Conrad had been given until May 4, 1993 to correct two code violations, 1)Junk vehicles, and 2)Nuisance, Public health on property located at 126 Cockles Key Drive, Pioneer Key II. Both violations were brought in compliance with the City Code. Mr. Sills said that a memorandum from the City requested the Board waive the accumulated fees due to Mr. Conrad's physical and financial condition. Member Shagner expressed frustration in putting the fines on and these people come back a year or two later, come into compliance and then wanted the Board to make it nothing. That does not deter people. Sometimes we have to stop and think about that as people just say, "What the heck, 8 Code Enforcement Board Meeting July 26, 1994 they don't do anything." She was not saying they should not take this case in to consideration but wanted to look at future cases. Vice Chairman Carlsson, seconded by Member Lenko, under recommendation from City of Ocoee's Building Inspector, under Section 7-9, sub- paragraph E of the City of Ocoee Code, moved to waive all fines of Roy Conrad and release the lien. Motion carried 7-0. MEMORANDUM FROM CITY MANAGER Chairman Sills explained the details of a memorandum from City Manager Shapiro informing the Board of a teleconference regarding the Zoning Law and Practice after Brevard County v. Snyder Decision (Quasi-Judicial hearings) on Friday, August 12, 1994 from 9:00 a.m. to 1:00 p.m. at the University of Central Florida Main Campus. Member Glass said the Snyder Decision is a decision that held that re-zoning and other administrative actions taken by the Boards could affect individual parcels of property. Quasi-judicial means that the applicant has to be afforded certain due process, which this Board does. This will impact more on the Land Use decision by the Board of Commissioners than the Code Enforcement Board. Attorney Cool said this Board already affords due process so it does not affect this Board as it does some of the other Boards. COMMENTS City Manager - not present Code Enforcement Officer - None Police Department - not present Board Attorney - None Board Members: Member Lenko: 1) Asked for discussion on legal clarification of Notices of Dismissal, when they are issued and when they are required. Attorney Cool said the Board had talked about this before and there are two things that can happen. One, the City issues a Notice of Dismissal and it never comes before the Board. The second thing that can happen, if the City chooses to bring it before the Board, the Board can then hear the case and based upon the testimony, the Board decides these people were at one time in non-compliance but came into compliance after that date, they can make that decision and, of course, a fine is issued but then it becomes a predicate for them being considered a repeat violator the next time. Officer Simon explained the process used in the past. Now it is the contention that if they are not in compliance by the compliance date, bring them to the Board even if they do it that day. Testimony is given that they came to compliance but they were not in compliance by the compliance date. Staff can have the alternative to write them as a repeat offender and alleviate some of the people that are continuous problems. Repeat offender letters are being sent and we have cited them again if they are coming into 9 Lip Code Enforcement Board Meeting July 26, 1994 compliance by the compliance date and not generating the whole process. That is the procedure now but the case can be dismissed, too. Member Lenko said in cases where there is an absentee owner, like the one here tonight, and for instance, a case a couple of months ago, from that same owner had been dismissed prior to coming here. We couldn't hear this case. In any of these cases where we have the absentee owner, like this, and we know this person owns a lot of property and they are going to keep coming before us like this that we should be able to have the option to hear it. We shouldn't issue it if we don't have to and that is why she wanted the clarification. Officer Simon said the case is generated by the Code Enforcement Officer, if they are in compliance, you want to send it as a case dismissal. She thinks it had been discussed several Board meetings ago but staff was taking the repeat offender approach. Member Lenko said the only way we are going to stop this is doing exactly this, with these owners in particular. When it starts to come out of their pocket books because of a repeat violation then the owner will start paying attention to the property and will try to make sure the property is maintained and you won't be seeing all of this. Officer Simon said this is what we're doing. Vice Chairman Carlsson said to be a repeat offender the violation must be on the same piece of property. Attorney Cool said the same offense, same person, same property. Vice Chairman Carlsson: 1) Asked what the City is doing on the ordinance to have subpoenas served by a private processor. Officer Simon said that Officer Braddy had discussed it with Mr. Flippen. She will look into the situation and get back with them. Attorney Cool said the City Commission could still pass the ordinance, put it on the books so in the future if the City wanted to allocate money for that purpose, then it would already be on the books. 2) Commended the new Code Enforcement Officer (Simon) on giving a good presentation. Member Alexander: 1) Commended Officer Simon on doing an excellent job. Chairman Sills: 1) Extended a welcome to recording secretary Lewis. 2) Asked that members keep in mind the election of the Chairman and Vice Chairman of the Board which will be held at the August meeting. ADJOURNMENT The meeting was adjourned at 9:40 p.m. 10 Code Enforcement Board Meeting July 26, 1994 APPROVED: Attest: City of Ocoee , S •rry Seaver, al. ty Clerk Jou Sills, Chairman 1,4dt.e:/ 4t ie Lewis, Clerk Steno: : slier cry Lly 11