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HomeMy WebLinkAbout09-27-1994 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON September 27, 1994 CALL TO ORDER Chairman Sills called the regular meeting of the Ocoee Board of Code Enforcement to order at 7:32 p.m. in the commission chambers of the Community Center and led in the pledge of allegiance. Vice Chairman Carlsson held a moment of silent meditation. 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 Officers Braddy and Simon, Deputy Clerk Seaver, and Clerk/Stenographer Lewis. //Aso pResedr w95 Bu/4.D,NG 4A(D ZaN/ dG OFFiCiA.c. ir% PPE N. ABSENT: Alternate Barnett (excused). APPROVALS This item consisted of the Minutes of the August 23, 1994 Code Enforcement Board. Member Lenko, seconded by Vice Chairman Carlsson, moved to approve the Minutes of the August 23, 1994 Code Enforcement Board meeting, as presented. 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 Member Shagner moved to hear the cases of respondents who were present for the meeting. No action was taken. Upon Chairman Sill's request, Building Director Flippen, Code Enforcement Officers Braddy and Simon were sworn in by Deputy Clerk Seaver. 94-47, STEVE HASKELL &/OR SHIRLEY HEWITT Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated that Case 94-47 could not be heard as a Notice of Hearing to the meeting or a Statement of Violation was not delivered. Vice Chairman Carlsson, seconded by Member Shagner, moved to table Case 94-47 to the October 25, 1994 meeting. Motion carried 7-0. 94-52, MARGARET WOODARD For the record, Chairman Sills stated that there was no one present to represent this case. Officer Simon testified on the description of the violation and the date of the inspection for this case. Upon re-inspection on September 27, 1994 the property with all listed items was in compliance. Due to the fact that Ms. Woodard is the complainant and is satisfied with the conditions at this point it was requested that the Board dismiss this case. Member Lenko, seconded by Member Alexander, moved to dismiss Case 94-52, Margaret Woodard as the fkir respondent is satisfied with the compliance. Motion carried 7-0. Code Enforcement Board Meeting September 27, 1994 94-53, HARPER RAY TRUST AGREEMENT Chairman Sills stated that there was no one present to represent this case. Officer Simon testified that this is the listed owner of 161 Mobile Lane, according to the Orange County Tax Records, which is Case 94-52 that had already been heard by this Board and brought into compliance by the representative of the estate, Dean Harper. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Case 94-53, Harper Ray Trust Agreement, in non-compliance as of September 26, 1994 and in compliance on September 27, 1994, and that no fine be set. Motion carried 7-0. 94-54, PETER JAYLASS &/OR BARBARA TYSON Code Enforcement Officer Simon stated the description of the violation and the date of the inspection for this case. During a walk through inspection, the home owner, Mr. Jaylass, was with Inspectors Larson and Hendrix, and Ms. Simon. The problems were explained to him. Ms. Simon said she has made several attempts during a 13 working day period to contact Mr. Jaylass, physically, in going by 1002 Sabrina Drive with no contact. On July 28, 1994 a Minimum Housing Standards Compliance letter was sent advising him of a 30 day compliance for some of the violations including correction of the structural, the floor joycing, removal of the homemade septic system, and bringing some of the electrical up to Code with a compliance date of August 28, 1994. Upon receipt of that letter, Mr. Jaylass did make contact with the Building Department, leaving a note that he worked a lot and it was very difficult to get hold of him but that he would contact Mr. Hendrix. To date, no contact had been made with Mr. Hendrix at all in reference to the electrical problems that needed repair. On September 8, 1994 a Notice of Violation for non-compliance for City Ordinance No. 108, Minimum Housing Standards, Section 22 - Minimum Regulations for electrical system, Section 23 - Stairs, Section 2 - Accessory Structure, Section R - Interior Floor, Walls, and Ceilings, Section S - Structural Support was sent to Mr. Jaylass and he was given until September 18, 1994 to comply. On September 21, 1994 the Ocoee Police Department hand delivered a Statement of Violation and Notice of Violation to this Board meeting for non-compliance of the aforementioned City Ordinances. Ms. Simon has, to date, had no further contact with Mr. Jaylass since July 1, 1994, the date of the original inspection. A video showing the violations was presented for Board review. Peter Jaylass, 1002 Sabrina Drive, was sworn in by Deputy Clerk Seaver and explained that he was in the process of buying the property but there had not been enough time to take care of the problems. He was unable to take time from work to do the repairs. Chairman Sills questioned each violation and whether it had been corrected. Vice Chairman Carlsson pointed out to Mr. Jaylass his responsibility to find the time to correct or remove the items which would have wiped out the outstanding violations. He was sure Mr. Jaylass's foreman would give him time off, at least lunch time, and that the City Building Inspector would meet with him to go over the items. Mr. Carlsson said that according to Mr. Jaylass there were only two things that ,,. 2 Code Enforcement Board Meeting September 27, 1994 were not up to Code, that the other four had been corrected but the Board could not act upon it as Mr. Jaylass had refused or did not want to make time to meet with the City Building Inspector. Member Chestney, seconded by Vice Chairman Carlsson, moved to find Case 94- 54, Peter Jaylass &/Or Barbara Tyson, in non-compliance under Chapter 108 and be given 14 days until October 12, 1994 to bring all the 30 day violations into compliance or be fined $50 a day thereafter. Motion carried 7-0. 94-57, ANTHONY BIRCH Chairman Sills stated for the record that there was no one present to represent this case. Officer Simon testified that the violation observed, Chapter 165-3 Vehicles Junk/Abandoned, included a black Grand Prix, red Dodge Chrysler, white utility trailer at 467 Wurst Road. None of the vehicles had displayed any type of current tag. The Complainant was given until August 18, 1994 to comply with the violation. A realtor, representing the owner of the property and acting as their agent, had contacted Ms. Simon and said that she had spoken with the owner who stated the property would be brought into compliance. On September 27, 1994 a Statement of Violation and a Notice of Hearing was hand delivered to this Board meeting. The utility trailer and red Dodge Chrysler had been removed but the Grand Prix still exists rendering the property in non-compliance. Ms. Simon had observed a tag on the Grand Prix, however, it had been identified as a dealer tag and not the registered tag to that car. The car is not registered. Officer Simon confirmed Vice Chairman Carlsson's question that the owner of the property had also been cited although the receipt had not been returned. Vice Chairman Carlsson moved to give the respondent five days to remove vehicles or be fined $50 a day thereafter. Vice Chairman Carlsson, seconded by Member Chestney, amended his motion to find Anthony Birch, Case 94-57, in violation and be given until October 3, 1994 to remove vehicles; or be properly licensed; or be fined $50 a day thereafter. Motion carried 7-0. 94-58, FAIR CLYDE ESTATE OF C/O LOPEZ, LOIS Code Enforcement Officer Simon stated the citation of Chapter 165-7, Vehicles, Abandoned, Private Property: No person shall keep any junk or abandoned vehicles on any public or private property within the corporate city limits of Ocoee, was sent to Lois Lopez. Observation had been made of an older model Pontiac without a current tag that showed no physical signs of being operable. The front had been damaged and there were no windows or front tires. A re- inspection of the property produced a non-compliance status. A Statement of Violation and a Notice of Hearing was hand delivered by Officer Simon to the resident at that address. Ms. Lopez had expressed her intention to bring the vehicle into compliance within 30 days and was told that a request must be relayed to the Board. Lois Lopez, 36 Coquina Key Drive, was sworn in by Deputy Clerk Seaver, and said that the car had a tag but had been in a wreck. She had planned on taking the motor and transmission out as a lot of money had been put into the vehicle. Ms. Lopez explained the circumstances of the missing tag and requested another 30 days extension. Member Lenko, seconded by Vice President Carlsson, moved to find Case 94-58, Fair Clyde Estate of c/o Lopez, Lois in non-compliance of Chapter 165-3 and be given cir 3 Code Enforcement Board Meeting September 27, 1994 until October 11, 1994 to come into compliance or be fined $50 a day thereafter. Motion carried 7-0. 94-63, EUGENE &/OR MARY WOOD Chairman Sills stated for the record that there was no one present to represent this case. Officer Simon stated the description of the violation and the date of the inspection for this case. Upon reinspection, Ms. Simon found the Jeep was still without a current tag. A gentleman at 1702 Good Homes Road explained that Eugene Wood had passed away and he was the current husband of Ms. Wood who only held the second mortgage. Mr. and Mrs. Wood is identified as the property owner via the Orange County Tax Roll. There had been no further contact with the man who had explained to Ms. Simon that the wife had basically gotten her money out of the property and did not care, that in holding the second mortgage it was too much bother to foreclose and to go to the renter for compliance. The City had delivered the Statement to the renter. Officer Simon had gone by the property and it was still in non-compliance. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Case 94-63, Ms. Mary Wood, in violation and be given until October 11, 1994 to remove said vehicle, or bring the property into compliance, or be fined $50 a day thereafter. Motion carried 7-0. 94-65, ELIZABETH SALTERS Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated that Ms. Salters had been cited on September 12, 1994 for violation of Chapter 165-7, Abandoned Vehicles on Private Property, a Jeep without a current tag. Ms. Salters, 801 Sullivan Avenue, was given until September 12, 1994 to comply. A re- inspection revealed a non-compliance status. A Statement of Violation and a Notice of Hearing was hand deliver by Ms. Teresa Braddy to Jeana Salters on September 23, 1994 at the 801 Sullivan Avenue for this Board meeting. Vice Chairman Carlsson said he thought it was a repeat case of Case 94-63. Same vehicle, same address. Vice Chairman Carlsson, seconded by Member Alexander, moved to find Case 94-63, Elizabeth Salters, to be in non-compliance and be given until October 11, 1994 to remove said vehicle, or to come into compliance, or be fined $50 a day thereafter. Motion carried 7-0. OTHER BUSINESS 94-17, JEAN LEPAGE THOMAS Officer Simon testified that the Board had heard this case on August 23, 1994 and the respondent was given a compliance order for the vermin and snakes. The property, to date and upon re-inspection, was not in compliance. The City had received numerous complaints and Mr. Mulcahy had continued to bring miscellaneous junk, debris, and trash on the corner of Center Street, Hill Avenue, and Silver Star Road. Ed Mulcahy, 510 Hill Avenue was sworn in by Deputy Clerk Sever, and objected to the existing violations. He requested an extension in order to resolve thel issue. Director Flippen 4 Code Enforcement Board Meeting September 27, 1994 testified that the debris, trash, and junk is spread on all lots. Doreen Gill, 605 Doreen Avenue, was sworn in by Deputy Clerk Seaver, and explained the trash and debris had been there for five years. She pointed out that thils street is one of the main entrances into the City. Bill Simon, a resident in the City of Ocoee, asked at what point a yard sale, since citizens are not allowed to operate a business, stop being a yard sale and become$ an income. And if it is not a yard sale and is now an income, would Mr. Mulcahy need a license to operate a junk sale business in his yard. A video of the property in violation was reviewed by the Board. Discussion ensued for a possible solution of the problem. Member Lenko asked Mr. Mulcahy why, if he knew the Board wants the yard cleaned up, was he bringing in more stuff. Mr. Mulcahy said it was brought in just for the yard sales. Vice Chairman Carlsson asked why Mr. Mulcahy was moving the items from one lot to another. Director Flippen explained that the Code and that one yard sale is permitted three times a year per residential lot but due to a technicality the house sits on four lots. Mr. Mulcahy has trash and debris on every lot. Mr. Mulcahy requested a two weeks extension and he would have everything gone+ Vice Chairman Carlsson moved to find Case 94-17, Jean Lepage Th mas still in violation, and to impose a fine and lien, effective October 10, 1994. Member Cl estney objected and said the Board had given Mr. Mulcahy plenty of time. The Board had also heard from citizens and it was an eyesore. He had been given ample time to clean up the junk but moves it from lot to lot and from the back to the front. Mr. Chestney objected to the motion and requested that the fines be taken immediately. Vice Chairman Carlsson withdrew the motion. Member Chestney, seconded by Member Alexander, moved to file an Order,imposing fine and lien of Case 94-17, Jean Lepage Thomas, effective September 28, 1994. Motion carried 6-1. Member Lenko voted "nay" as she had asked that the date of fine and lien be imposed as September 22, 1994. 94-19, MARIA VELA Chairman Sills stated for the record that there was no one present to represent this case. Officer Simon testified that the Board had heard this case on August 23, 1994 and issued the respondent to take corrective action by August 30, 1994. A video of the property in violation was presented for Board review. Member Lenko asked if Ms. Vela had made any attempts at all to contact the City. Officer Braddy said only in the beginning. ember Lenko, seconded by Member Shagner, moved to impose fine and lien on Maria Vela, ase No. 94-19, effective August 30, 1994. Motion carried 7-0. Law 5 Code Enforcement Board Meeting September 27, 1994 94-23, THOMAS JOHN WISE The Affidavit of Compliance was presented to the Board for this case. 94-39, TERRY &/OR BETTY WOOD Chairman Sills stated for the record that no one was present to represent this case. Code Enforcement Officer Simon stated the Board had heard this case! at the August 23, 1994 meeting and issued its Order for the respondent to take corrective action by September 1, 1994. Upon re-inspection of the property on September 2, 1994, Ms. Simon found it in non- compliance of Chapter 115, Article I; Conditions Constituting a Nuisance: Trash and debris in yard; and Chapter 108-23 Minimum Housing Standards: Windows': shall be kept in sound working condition and good repair. Trash had been observed in the front/side yard and windows in need of repair. Vice Chairman Carlsson moved to impose a fine and lien on Terry and/or Betty Wood, Case No. 94-39, effective September 1, 1994. Vice Chairman Carlsson, seconded by Member Shagner, amended his motion to impose a fine and lien on Terry and/or Betty Wood, Case No. 94-39, effective August 23, 1994. Motion carried 7-0. 94-43, PENNY &/OR RICHARD MURPHY Code Enforcement Officer Simon stated Case 94-43 was in compliance and asked for dismissal. Vice Chairman Carlsson, seconded by Member Chestne', moved to dismiss Case 94-43, Penny &/or Richard Murphy, as they are now in compliance. Motion carried 7-0. 94-44, EMELINE V. PUSEY The Affidavit of Compliance was presented to the Board for this case. 94-46, ED MULCAHY Code Enforcement Officer Simon testified that the Board had heard the case at the August 23, 1994 meeting and issued its Order that the respondent take corrective action by September 22, 1994. Upon re-inspection on September 23, 1994, Officer Simon fund the property in non- compliance of Chapter 115-1 Nuisances, Public Health, Conditions Constituting a Nuisance: Trash, debris, fencing, miscellaneous junk, etc. throughout yard. Vice,Chairman Carlsson said that the Board had been through this only a short time ago and urged (that no further discussion be given the case. He recommended the same action that the Board hod given with Case 94-17. Vice Chairman Carlsson, seconded by Member Shagner, moved to find Ed Mulcahy, Case No. 94-16, still in violation and impose fine and lien effective September 28, 1994. Motion carried 6-1. Member Lenko voted "nay." 94-50, GOPATY RAMNARINE C/O RAMNARINE RAMNARINE The Affidavit of Compliance was presented to the Board for this case. 94-51, MARY LOU STIENE The Affidavit of Compliance was presented to the Board for this case. 6 Code Enforcement Board Meeting September 27, 1994 PROPOSED ORDINANCE FROM ATTORNEY COOL Attorney Cool explained the proposed Ordinance was to take advantage of the new revisions to the Florida Statutes which had been discussed at the last Board meeting. He emphasized that this takes the changes in the Florida Statutes and places them into the City of Ocoee's City Code. Vice Chairman Carlsson asked Commissioner Combs if the City (Commission had made a decision about the process server. Commissioner Combs said it hajd been brought up to the staff and City Manager but had not appeared on the agenda. Attorney Cool explained that a memo from City Attorney Rosenthal to Don Flippen had been reviewed that recommended minor changes to the ordinance. The changes were discussed. Mr. Cool recommended that the Board accept the modifications sending it to the City Commission with recommendation for approval. Vice Chairman Carlsson, seconded by Member Chestney, moved to approve the original, and to include the modifications, as presented. Motion carried 7-0. Director Flippen requested that Attorney Cool make the changes, giving him an original copy for the Board. COMMENTS City Manager - Not Present Code Enforcement Officer - None Police Department - None Board Attorney expressed to the Board that he had not forgotten about the Code of Conduct. Board Members: Vice Chairman Carlsson: None Member Alexander: None Member Chestney: None Member Lenko said she had enjoyed the video presentations during the meeting. Member Glass: 1) Said he had spoken with the Board secretary with the City of Orlando who had informed him of a workshop for the new Code Board members. The City of Ocoee's Code Enforcement Board is invited. He will be informing them of the date. 2) Stated that he had submitted his resignation from the Board in the event of an election to the City Council. In the event someone else is elected he would like to continue serving on the Board. Chairman Sills: 1) Thanked everyone for coming to the meeting. The Board is trying to do what is best for the City and remarked that it is sometimes hard. Director Flippen: 1) Commended the Board on doing well as they had a hard job. cry 7 Code Enforcement Board Meeting September 27, 1994 ADJOURNMENT The meeting was adjourned at 9:35 p.m. APPROVED: Attest: 9 City of Ocoee She Seaver) eputy Clerk i Sills, Chairman ie Lewis, Cler tenographer ,.. 8