HomeMy WebLinkAbout10-25-1994 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD ON October 25, 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 of the Municipal Building and led in the pledge of
allegiance. Vice Chairman Carlsson held a 30 second moment of silent prayer. The roll was
called and a quorum declared present.
PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Barnett,
Chestney, Lenko, and Alternate Glass. Also present were Attorney Cool,
Building and Zoning Director Flippen, Code Enforcement Officers Braddy and
Simon, Deputy Clerk Seaver, and Clerk/Stenographer Lewis.
ABSENT: Member Shagner (unexcused).
APPROVALS
This item consisted of the Minutes of the September 27, 1994 Code Enforcement Board.
Member Alexander, seconded by Member Barnett, moved to approve the Minutes of the
September 27, 1994 Code Enforcement Board meeting as presented. No action was taken as
Member Lenko asked for a correction "on page 7, under the Proposed Ordinance From
Attorney Cool, amended to show the vote on the memorandum from Attorney Cool dated
September 15, 1994. The Board had voted on two items, a memorandum that Attorney Cool
had brought to the members physically and one regarding the process server." The
September 27, 1994 minutes should reflect that discussion ensued on changes in two proposed
ordinances and Member Lenko, seconded by Vice Chairman Carlsson, moved to recommend
for City Commission approval the amendment of Section 7-5, 7-6, 7-7, 7-9, and 7-10 of
Chapter 7 of the Ordinance referred to in the September 15, 1994 memorandum from Attorney
Cool. Motion carried 7-0.
Member Lenko, seconded by Vice Chairman Carlsson, moved to amend the September 27,
1994 minutes to include the change on page 7 as stated above. Motion carried 6-0.
Member Alexander, seconded by Vice Chairman Carlsson, moved to approve the Minutes of
the September 27, 1994 Code Enforcement Board meeting as amended. Motion carried 6-0.
COMMENTS FROM CITIZENS
There were no citizens comments at this time.
HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARING
At the request of City Code Enforcement Officer Simon, Vice Chairman Carlsson, seconded
by Member Chestney, moved to amend the agenda and hear Case No. 94-73, Randy E. Lee,
first. Motion carried 6-0.
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Code Enforcement Board Meeting
October 25, 1994
94-73, RANDY E. LEE
Upon Chairman Sill's request, Code Enforcement Officer Simon was sworn in by Deputy
Clerk Seaver. Code Enforcement Officer Simon requested that this case be tabled until the
next meeting for verification of the violation. Vice Chairman Carlsson, seconded by Member
Barnett, moved to table Case No. 94-73, Randy E. Lee, to the November meeting. Motion
carried 6-0.
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 the description of the violation and the dates of the
inspection for this case. Upon re-inspection on October 25, 1994, the vehicle had been removed
and the respondents were in compliance. Vice Chairman Carlsson, seconded by Member
Lenko, moved to find Steve Haskell &/or Shirley Hewitt, Case No. 94-47, in non-compliance
as of October 24, 1994, and in compliance on October 25, 1994, and that no fine be imposed
at this time. Motion carried 6-0.
94-59, RAFAEL &/OR MARIA MUNGUIA
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. A complaint from an unidentified neighbor had been received in the City on September 8,
Loy 1994. Officer Simon had inspected 108 Coquina Drive observing several chickens and roosters.
Upon re-inspection on October 25, 1994, the chickens and roosters were no longer on the
property. Vice Chairman Carlsson, seconded by Member Alexander, moved to find Rafael
&/or Maria Munguia, Case No. 94-59, in non-compliance as of September 21, 1994 and in
compliance as of October 25, 1994, and that no fine be levied at this time. Motion carried 6-0.
94-60, ROGER &/OR LINDA SHIRLEY
Chairman Sills stated that there was no one present to represent this case. Officer Simon stated
the description of the violation and the dates of the inspection for this case. She had re-inspected
the property on October 25, 1994 and the miscellaneous trash and debris, including the carpet,
were gone. The respondent was in compliance. Member Lenko, seconded by Member
Barnett, moved to find Roger &/or Linda Shirley, Case No. 94-60, in non-compliance as of
September 21, 1994 and in compliance as of October 25, 1994, and that no fine be issued.
Motion carried 6-0.
94-65B, KHATIB AUTO SALES
Chairman Sills stated for the record that no one was present to represent this case. Code
Enforcement Officer Simon stated that two structures in the rear were observed on
September 13, 1994 at Khatib Auto Sales located at 701 Roper Parkway. A check of City
records verified that no permit had been issued for the structures. Officer Simon testified on
the description of the violation and the dates of the inspection for this case. On October 12,
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Code Enforcement Board Meeting
October 25, 1994
1994 Mr. Jones, identified as the property owner, and the contractor who erected the structures,
had come to the Building Department and applied for a building permit. On October 18, 1994
the comments were completed and Mr. Washington contacted Mr. Jones' office to see if anyone
wanted to pick up the comments showing what needed to be done since there was a time element
involved. Mr. Jones opted not to do that and wanted it mailed. To date there had been no
response. Vice Chairman Carlsson asked if anyone had applied for, but had not picked up,
a permit. Officer Simon explained that Khatib had applied for a permit which had been denied.
Officer Simon distributed comments from the Fire Department and a video of the property in
violation was presented for Board review. Discussion ensued regarding the violations and
possible methods for compliance.
Building and Zoning Director Flippen was sworn in by Deputy Clerk Seaver who stated the
City was waiting for an answer from the respondent. The City had sent comments to Khatib on
October 18, 1994 and the Plans Reviewer contacted the office of the property owner by
telephone on the same date. Until there is a response from Khatib on the comments, the
department does not know where it stands on the permit. Member Chestney, seconded by
Member Barnett, move to find Khatib Auto Sales, Case No. 94-65B, in non-compliance as of
October 8, 1994 and be given 30 days to comply or be fined $100 a day thereafter. Member
Chestney, seconded by Member Barnett, amended his motion to find Khatib Auto Sales, Case
No. 94-65B, in non-compliance as of October 8, 1994 and be given until November 22, 1994
to comply or be fined $100 a day thereafter. Motion carried 6-0.
94-66, DENNIS H. JONES, SR.
Chairman Sills stated for the record 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. The respondent is the owner of Khatib Auto Sales, Case No. 94-65B. Vice Chairman
Carlsson, seconded by Member Chestney, moved to find Dennis H. Jones, Sr., Case No. 94-
66, in non-compliance as of October 8, 1994 and be given until November 22, 1994 to comply
or be fined $100 a day thereafter. Motion carried 6-0.
94-68, ORANGE TREE CINEMA
Chairman Sills stated for the record that there was no one present to represent this case. Code
Enforcement Officer Simon testified that a complaint had been received from the Ocoee Fire
Department on September 13, 1994 that Orange Tree Cinema located at 1570 Maguire Road was
in violation of several Codes and requested that Code Enforcement action be taken for these
violations. Officer Simon stated the description of the violation and the date of the inspection
for this case. To date, Officer Simon said, no permit has been issued or work started to correct
the violation. Vice Chairman Carlsson, seconded by Member Barnett, moved to table Case
No. 94-68 to the next meeting. No action was taken as Member Lenko wanted to hear what
the representative had to say before voting on the motion.
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October 25, 1994
Nathan Dykgraaf, 3307 Sheringham Road, Orlando 32808, was sworn in by Deputy Clerk
Seaver, as the former owner, and said that originally there had been a system there which would
be activated throughout the auditoriums and voiced through a speaker system. It had been
acceptable, at one time, to the Fire Department. There had been problems with bleedover
through the sound system of the auditoriums and it was abolished because of customer
complaints. The respondent was under contract to Sentry Alarm to install manual pulls and
strobe lights. Member Lenko said she did not like the idea of not taking any action on this
case. Member Alexander questioned the legal responsibility of the City and Attorney Cool
explained that the City and not the Board might be held responsible. Member Chestney asked
Mr. Dykgraaf if he knew why the alarm company had not applied for a permit and Mr.
Dykgraaf explained that the Fire Department must approve a schematic of Orange Tree
Cinema's wiring diagram before the City would issue a permit. The alarm companies securing
bids had spent a lot of time on the telephone with the Fire Department on what was expected
of the wiring diagram. The permitting takes longer than actual construction. Chairman Sills
said the motion stands to table the case until the next meeting. Discussion ensued on the matter.
Vice Chairman Carlsson, seconded by Member Barnett, moved to table Case No. 94-68,
Orange Tree Cinema, to the November 22, 1994 meeting and have a representative from the
Ocoee Fire Department present to advise the Board on what the exact problem is, how serious
it is and whether it can be fixed in one day or 30 days, which would determine the fine. Motion
carried 4-2. Members Alexander and Lenko voted "nay." Vice Chairman Carlsson wanted
to make sure that the Fire Inspector is present for the next meeting.
94-69, DYKGRAAF, INC.
Vice Chairman Carlsson said that being this is the same case as Case 94-68, he proposed the
same motion rather than going through the procedure of hearing it again. Vice Chairman
Carlsson, seconded by Member Chestney, moved to table Case 94-69, Dykgraaf, Inc. until the
November 22, 1994 meeting. Motion carried 5-1. Member Lenko voted "nay."
94-70, WAL-MART
Code Enforcement Officer Simon stated the description of the violation and the dates of the
inspection for this case. The Building official had informed Officer Simon of five accessory
structures located on property located behind Wal-Mart. The property remains in non-
compliance.
A video was shown of the property in violation for Board review. In the interim of being cited
and the compliance date, a representative of Wal-Mart had come to the Building Department
after consulting with the Zoning Coordinator and the Plans Reviewer and indicated the storage
was needed for lay-a-way.
Dave Bennett, 2912 Wesmere Parkway, was sworn in by Deputy Clerk Seaver, and stated that
there had been a mis-communication on the number of trailers. A request to cancel the order
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Code Enforcement Board Meeting
October 25, 1994
for three had not been received in time and once the delivery was made, Wal-Mart was
responsible for payment regardless of whether the containers were dropped. Discussion ensued
about off-site storage. Vice Chairman Carlsson said that Wal-Mart is a good customer but they
were in violation. Director Flippen said that when a request like this comes in the City tries
to do everything possible to find a solution. Vice Chairman Carlsson, seconded by Member
Chestney, moved to give Wal-Mart and Lakendon, Inc., combined Case 94-70 and Case 94-71
until December 31, 1994 to removed said trailers or be fined $250 a day thereafter. Motion
carried 6-0. Member Chestney commented that Wal-Mart had been good for the City of
Ocoee and he thought the City of Ocoee had tried to help Wal-Mart and Lakendon, Inc. He
asked if the motion passed that Wal-Mart please move the trailers. Mr. Bennett appreciated
the way that the City had worked with them in trying to find a way to solve (the problem).
94-71, LAKENDON, INC. - THIS CASE WAS HEARD AT THE SAME TIME AS CASE
94-70, WAL-MART
Don Wingate, 110 Mericam Court, Killarney, was sworn in by Deputy Clerk Seaver, and said
he appreciated what the Board had done. The Board was to be commended for working with
one of the community businesses such as Wal-Mart that does so much for the community. Mr.
Wingate said the Board had maintained integrity by finding a solution that allows them to
accomplish what they need, and at the same time, did not violate any City ordinances.
Chairman Sills asked that Wal-Mart try not to take advantage of the City in the future.
94-72, ELIZABETH SALTERS
Code Enforcement Officer Simon testified the description of the violation and the date of the
inspection for this case. A re-inspection on October 19, 1994 had revealed compliance with
Land Development Code Book Ordinance Article 6 and the camper had been removed from the
front driveway. To date, the property is still in non-compliance for Chapter 115 Article I for
some trash and miscellaneous debris in the rear yard.
A video was presented of the property in violation for Board review. Charles Frederick, 801
Sullivan Avenue, stated he had six children in his home who work on bikes. The kids keep
taking the bikes apart and switching parts but periodically it is thrown away. Mr. Frederick
said he was guilty of destroying the shed in his backyard and not getting rid of it. He explained
that he worked a lot of hours and that these things took time. Vice Chairman Carlsson
reminded Mr. Frederick of his responsibility to the children and for the violations. Member
Lenko, seconded by Vice Chairman Carlsson, moved to find Elizabeth Salters, Case No. 94-
72, in non-compliance of Chapter 115 Article I, and be given until November 8, 1994 to bring
the property into compliance or be fined $75 a day thereafter. Motion carried 6-0.
94-73, RANDY E. LEE - THIS CASE WAS HEARD FIRST ON THE AGENDA.
OTHER BUSINESS
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Code Enforcement Board Meeting
thw October 25, 1994
94-17, JEAN LEPAGE THOMAS
The Affidavit of Compliance was presented to the Board for this case. A video was shown of
the cleaned up state of the property. Fines from September 28, 1994 through October 19, 1994
at $50 a day were $1100 at the time of compliance. Bobbie Boeh, 2253 Boy Scout Road,
Apopka requested elimination of the fines against Jean Lepage Thomas and discussion ensued
on dropping these fines. Member Lenko said that she was not in favor of dismissing the lien
at this point and felt like Ms. Boeh needed to try and establish a track record of the property
being clean. Member Lenko moved to deny elimination of the fines at this time. Vice
Chairman Carlsson, seconded by Member Lenko, moved to amend the motion in that the
respondent be allowed to come back to the Board in three months (90 days) for consideration
of lifting the fine. Motion carried 6-0.
Member Lenko, seconded by Vice Chairman Carlsson, moved to deny elimination of the fines
at this time. Motion carried 6-0. Vice Chairman Carlsson asked that Case 94-17 be placed
on the agenda again in 90 days.
94-32, MICHAEL &/OR JENNIFER BISHOP
Chairman Sills stated for the record that there was no one present to represent this case. Code
Enforcement Officer Simon testified that the Board had given the respondent until this Board
meeting to apply for a variance of a carport. Officer Simon had spoken with Mr. Bishop on
the phone approximately two weeks earlier but had not applied for the variance. To date, and
upon reinspection, the carport still exists. The Deputy Clerk informed Officer Simon that Mr.
Bishop had inquired about what is necessary, yet did not request a variance with the Zoning
Coordinator. Member Lenko, seconded by Vice Chairman Carlsson, moved to execute fine
and lien in Case 94-32, Michael &/or Jennifer Bishop, effective October 25, 1994. Motion
carried 6-0.
94-35, RICHARD HEALY
The Affidavit of Compliance was presented to the Board for this case. A letter from Mr. Healy
had been received which did not request reduction or elimination of the lien. Vice Chairman
Carlsson requested the City send the standard letter saying there is a $6800 fine. It would be
Mr. Healy's responsibility to request an appeal of the fines.
94-46, ED MULCAHY
The Affidavit of Compliance was presented to the Board for this case. Ed Mulcahy, 510 Hill
Avenue, was sworn in by Deputy Clerk Seaver, and said he had brought (the property) into
compliance as fast as he could. He described the cleanup effort of the property and said that
neighbors were present in his support. Mr. Mulcahy asked for elimination of the lien and
Member Lenko explained that the lien had already been filed. Member Chestney explained
to Mr. Mulcahy that he had appeared before the Board several times and the City had requested
the clean up which Mr. Mulcahy had defied by moving the stuff from one lot to another.
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Code Enforcement Board Meeting
October 25, 1994
Members Chestney and Lenko wanted the fine to stand. Member Alexander expressed
appreciation on behalf of the City on what had been done and thanked him for doing a good job.
Member Lenko wanted the property to stay clean with a track record of no more complaints.
If these steps were taken then Mr. Mulcahy could come before the Board again and request
elimination of the fines.
Vice Chairman Carlsson, seconded by Member Alexander, moved to find that if
Mr. Mulcahy, Case 94-46, desired to have the fine and lien reduced, he must keep the property
where he resides clean for the next 6 months and, at that time, he may present his case before
the Board again. Motion carried 6-0.
94-54, PETER JAYLASS &/OR BARBARA TYSON
The Affidavit of Compliance was presented to the Board for this case.
94-57, ANTHONY BIRCH
The Affidavit of Compliance was presented to the Board for this case.
94-58, FAIR CLYDE ESTATE OF C/O LOPEZ, LOIS
The Affidavit of Compliance was presented to the Board for this case.
fir, 94-63, EUGENE &/OR MARY WOOD
Code Enforcement Officer Simon stated that the Wood's no longer own the property and asked
for dismissal of Case 94-63. Member Lenko, seconded by Member Chestney, moved to
dismiss Case 94-63, Eugene &/or Mary Wood. Motion carried 6-0.
94-65, ELIZABETH SALTERS
The Affidavit of Compliance was presented to the Board for this case.
MEMORANDUM FROM ATTORNEY COOL
Attorney Cool explained and recommended approval of Rule 2.5 and that it be added to the
Code Enforcement Board Administrative Rules. The Board had requested that he draft a Code
of Conduct for Board members. Member Alexander thanked Attorney Cool and said this was
exactly what the Board had needed. Member Lenko reported that the City did not have a copy
of these Administrative Rules. Attorney Cool noted that the Code Enforcement Board itself had
Administrative Rules and Hearing Rules that were adopted years ago. He would make sure that
the Board members received a copy. Vice Chairman Carlsson, seconded by Member
Alexander, moved to adopt Rule 2.5 Conduct of Board Members, as drafted by Attorney Cool
dated October 13, 1994 and that it be added to the Administrative Rules, City of Ocoee Code
Enforcement Board. Motion carried 6-0.
COMMENTS
City Manager - Not Present
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Code Enforcement Board Meeting
October 25, 1994
Code Enforcement Officer - None
Police Department - None
Board Attorney - None
Alternate Glass arrived to the meeting at 9:51 P.M.
Board Members:
Member Barnett said he was happy to be back. Chairman Sills said it was good to have him
back on the Board.
Member Lenko explained that she would like to see a change in the City forms that would
include information about what will happen to the respondents if they do not comply to a
violation.
Vice Chairman Carlsson: Commended the Code Enforcement Officers again for doing a good
job. He would like to see a set of updated Administrative Rules in the next Board packet for
all the members in office.
Member Chestney: Requested that a department representative be present when another
department within the City is going to ask the Board to hear a case so that both sides could be
heard and the Board could make an intelligent decision.
Member Alexander: Said that it is very, very nice being in the new surroundings.
Member Glass: Apologized for arriving late, and said that he had put in a plug for the Code
Enforcement Board on what a wonderful job they were doing.
Chairman Sills: None
ADJOURNMENT
The meeting was adjourned at 9:56 p.m.
APPROVED:
Attest: City of Ocoee
\V , , - , , , , / /
erry Seave,f eputy Clerk or Sills, Ch. rman
J e Lewis, Clerk/Stenographer
car 8