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HomeMy WebLinkAbout11-22-1994 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON November 22, 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 moment of prayer. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Chestney, Lenko, and Alternate Glass. Also present were Attorney Cool, Building and Zoning Official Flippen, Code Enforcement Officers Braddy and Simon, Deputy Clerk Seaver, and Clerk/Stenographer Lewis. ABSENT: Members Barnett and Shagner (excused). APPROVALS This item consisted of the Minutes of the October 25, 1994 Code Enforcement Board meeting. Member Lenko, seconded by Vice Chairman Carlsson, moved to approve the Minutes of the October 25, 1994 Code Enforcement Board meeting as presented. Motion carried 5-0. COMMENTS FROM CITIZENS There were no citizens comments at this time. HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING Vice Chairman Carlsson, seconded by Member Chestney, recommended that the Board move agenda item V.G-Discussion on December's CEB Meeting to this point in the meeting. Motion carried 5-0. Chairman Sills explained that due to the holidays the City is closed Friday and Monday. The CEB meeting would be on December 27. Alternate Member Glass arrived at the meeting at 7:38 P.M. Discussion ensued on the case work load for December and the number of members remaining in town during the holidays. Vice Chairman Carlsson, seconded by Member Alexander, moved to cancel the December 27, 1994 Code Enforcement Board meeting, unless the City has a major case that should be heard by the Board. Motion carried 6-0. 94-68, ORANGE TREE CINEMA Upon Chairman Sills' request, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Officer Simon stated that the original violation was for Chapter 108-22 Minimum Requirements for electrical systems: Every electrical outlet and fixture, all wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the Electrical Code of the authority having jurisdiction (National Electric Code). Tape was over breakers in#2 Projection Room and Romex Wire had Code Enforcement Board Meeting 'fir November 22, 1994 also been observed in the #3 Projection Room. Orange Tree Cinema was also in violation of NFPA-101 1991 Edition - 9.3.4.2.1 Existing Assembly directs to 7-6.2.1 - Signal Initiation: Actuation of the protective signaling and control system shall occur by any or all of the following: (a) Manual fire alarm initiation, (b) Automatic detection, (c) Extinguishing system operate. The Board had moved to continue the case to this meeting. Upon re-inspection Officer Simon said that the electrical violations had come into compliance. The City had issued the fire alarm permit but the work was incomplete and needed another inspection by the Fire Inspector. Fire Inspector Raymie Clement was sworn in by Deputy Clerk Seaver and testified to the necessary requirements. The respondent had been given three options: 1) manual fire alarm system, 2) automatic detection, and 3) extinguishing system operate. Member Chestney asked if that is all the Fire Department required and Ms. Clement said one of the three. Member Lenko asked about the safety and risks of the building. Nathan Dykgraaf, 3307 Sheringham Road, Orlando 32808, and representative of Orange Tree Cinema, was sworn in by Deputy Clerk Seaver, and said that the alarm company had worked three days installing the system but had been delayed in getting some of the equipment. There had also been a mixup with getting the permit. Vice Chairman Carlsson explained that this case had been heard in October when Mr. Dykgraaf had indicated he was in the process of signing the contract. The contractor should have gone to the City to get the permit in order to show good faith with the City. Mr. Carlsson further stated that the Board should back the Fire and Building Inspectors because of the liability to the City of the people visiting the theatre. Member Chestney moved to give Orange Tree Cinema, Case No. 94-68, until November 30, 1994 to come into compliance with NFPA-101 or be fined $100 per day until they are in compliance. Motion died for the lack of a second. Member Lenko, seconded by Vice Chairman Carlsson, moved to find Orange Tree Cinema, Case No. 94-68, in non-compliance of NFPA-101 1991 Edition - 9.3.4.2.1 Existing Assembly directs to 7-6.2.1 - Signal Initiation, and must bring it into compliance by 4:00 P.M., November 30, 1994 or be fined $250 a day thereafter. Motion carried 6-0. Mr. Dykgraaf questioned the changing of the laws and Chairman Sills referred him to Building Official Flippen. 94-69, DYKGRAAF, INC. Nathan Dykgraaf, 3307 Sheringham Road, Orlando 32808 was present but chose not to speak. Vice Chairman Carlsson said that being this is the same case as Case No. 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 find Dykgraaf, Inc., Case No. 94-69, in non-compliance of NFPA-101 1991 Edition - 9.3.4.2.1 Existing Assembly directs to 7-6.2.1 - Signal Initiation, and that they bring it into compliance by 4:00 P.M., November 30, 1994 or be fined $250 a day thereafter. Motion carried 6-0. 2 Code Enforcement Board Meeting November 22, 1994 94-73, RANDY E. LEE Chairman Sills reported a Notice of Dismissal for Case 94-73. Code Enforcement Officer Simon stated the ordinance for commercial vehicles in a residential area read up to a 1.5 ton rating. After investigating the case, Ms. Simon had learned that the vehicle in question had a factory rating of one ton. 94-74, JOSE &/OR SYLVIA CHAVEZ For the record, Chairman Sills stated that no one was present to represent this case. Code Enforcement Officer Simon testified that on October 4, 1994 she had observed a carport structure at 333 Wurst Road and records revealed that no permit had been issued. On October 11, 1994 a Notice of Violation was sent to the owner of record identified by the Orange County Tax Rolls as being Jose &/or Sylvia Chavez. The owners were given until October 18, 1994 to come to compliance by removing the structure or obtain a permit. Mr. Chavez had come to the Building Department on October 18 and was given additional time. The respondent had been cited for Chapter 51-21-Permit Required: Mr. Chavez had not contacted Officer Simon again and on November 11, 1994 a reinspection of the property showed that the structure was still standing. On November 14, 1994 a permit had been issued. Ms. Simon sent a Statement of Violation and a Notice of Hearing to the respondent for the violation to this Board meeting. Mr. Chavez made contact with the Building Department on November 17. The Building Official and Officer Simon had gone to the residence in violation on November 18 and the Building Official had agreed that it would be acceptable for Mr. Chavez to remove the top, leave the wall standing, calling it a fence as long as the height was brought down to 6 ft. To date and upon re-inspection the Case was in compliance. In the event the carport is reconstructed, Officer Simon wanted the violation on record so that Mr. Chavez could be cited as a repeat offender. Vice Chairman Carlsson, seconded by Member Alexander, moved to find Jose &/or Sylvia Chavez, Case No. 94-74, in non-compliance as of October 18, 1994 but in compliance as of November 22, 1994, and that no fine be imposed at this time. Motion carried 6-0. 94-75, JANIE &/OR ORVILLE GARRETT Chairman Sills said for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated that Case No. 94-75 could not be heard due to non-service of the Statement of Violations and Notice of Hearing which had been sent restricted delivery and had been sent back to the City. Vice Chairman Carlsson asked if it was refused and Officer Simon stated the return delivery indicated that the respondents no longer lived at the address. The respondent had been in violation of 1) Chapter 165-3 (A): No person shall abandon or keep any junk vehicle on any public or private property within the corporate city limits of Ocoee; 2) Chapter 165-4 (B) The absence of a currently registered license plate on a vehicle. Observation had been that of a white vehicle without tag, red Chevy truck without tag and a blue Precise without a tag; and 3) Article VI 6-4 Off-street Parking Standards: Not more than one hauling trailer per family living on the premises shall be permitted. Observation had been that of two boat trailers. Vice Chairman Carlsson, seconded by Member Lenko, moved to continue Case 3 Code Enforcement Board Meeting November 22, 1994 No. 94-75, Janie &/or Orville Garrett, to the January meeting. Motion carried 6-0. 94-76, NORA &/OR TIMOTHY DOWDY For the record, Chairman Sills stated that no one was present to represent this case. Code Enforcement Simon testified that the respondent was in violation of Chapter 165-3 (A): No person shall abandon or keep any junk vehicle on any public or private property within the corporate city limits of Ocoee. Violation existing was that of a yellow truck in the driveway and a white vehicle in the side yard without tags. Officer Simon stated that a Notice of Violation was sent to the owner of record, Nora &/or Timothy Dowdy, who had been given until November 10, 1994 to bring the violation into compliance. On November 11, 1994 the property was reinspected rendering a status of non-compliance at that time. On November 14, 1994 a Statement of Violation and a Notice of Hearing was sent to the owner for this Board meeting. The property at 803 Apricot Drive was reinspected on November 22, 1994 and was in compliance. Member Lenko, seconded by Member Alexander, moved to find Nora &/or Timothy Dowdy, Case No. 94-76, in non-compliance as of November 10, 1994 of Chapter 165- 3 and in compliance as of November 22, 1994, and that no fine be assessed at this time. Motion carried 6-0. OTHER BUSINESS 94-32, MICHAEL &/OR JENNIFER BISHOP The Affidavit of Compliance was presented to the Board for this case. Code Enforcement Officer Simon requested, on behalf of the City, to reduce the lien to a zero balance. The respondent had been in violation of the compliance ordinance for only a one day $25 fine. Costs/time of filing the lien would not be justified. With regrets and at the request of the City, Vice Chairman Carlsson, seconded by Member Lenko, moved to delete the fine of $25 of Case No. 94-32, Michael &/or Jennifer Bishop, to zero (-0) and hope that the City does not set a precedent. Motion carried 6-0. 94-65B, KHATIB AUTO SALES Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon testified that, at this time, the respondent had not obtained a permit for the structure in violation. The structure, still standing, was not in compliance. Ms. Simon said the property owner had applied for the permit but there were time lapses in their responses. The City requires that plans are sealed but they had not been returned by Khatib; once returned, the City will issue the permit. Member Lenko, seconded by Member Alexander, moved to execute an Order imposing fine and lien on Khatib Auto Sales, Case No. 94-65B, effective November 23, 1994. Motion carried 6-0. 94-66, DENNIS H. JONES, SR. Vice Chairman Carlsson said that pertinent information had been heard in Case No. 94-65B, Khatib Auto Sales, which had referenced this case. Vice Chairman Carlsson, seconded by 4 Code Enforcement Board Meeting November 22, 1994 Member Chestney, moved to execute an Order imposing fine and lien on Dennis H. Jones, Sr., Case No. 94-66, effective November 23, 1994. Motion carried 6-0. 94-72, ELIZABETH SALTERS Code Enforcement Officer Simon testified that Ms. Salters had been given a compliance date by the Board of November 8, 1994 per the representative's request. The respondent is in violation of Chapter 115, Article I: Conditions Constituting a Nuisance: Miscellaneous trash and debris in the yard. On November 8, 1994 the Building Clerk had taken a (voicemail) message where the caller asked for a couple more days to bring the property into compliance. To date Ms. Simon had not heard back from the residence and upon re-inspection that day, it remained in non-compliance. A video of the property in violation was shown for the Board's review. Member Lenko said the fine was $1,050 to date. Charles Friedrich, 801 Sullivan Avenue, was sworn in by Deputy Clerk Seaver and stated that he had been the caller asking for the continuance. He had been working a lot of hours and was having a hard time getting the time free from work. The time change made it hard to get home in the daylight hours to be able to do anything productively in the backyard and the side of the house. Mr. Friedrich asked (for an extension) until Monday (11/28/94) so that he could clean over the holiday weekend. Member Chestney noted that nothing had been done to clean the property in violation. Member Chestney, seconded by Member Lenko, moved to execute an Order imposing fine and lien on Case No. 94-72, Elizabeth Salters, effective November 28, 1994. Motion carried 6-0. MEMORANDUM FROM ATTORNEY COOL Attorney Cool had made available the current Code Enforcement Board Administrative Rules and the Code Enforcement Board Hearing Rules as requested at the last meeting. Attorney Cool said there is a proposed ordinance which the Board had recommended that the City Commission adopt which would change the City ordinance pertaining to the Code Enforcement Board. To date, that had not been adopted by the City Commission although it is expected to be in the near future. Once that passes the City Commission it will necessitate various changes to the Hearing Rules. The Board could not really changes those Rules until the ordinance is changed. Attorney Cool pointed out changes that were needed in the Administrative Rules and the Hearing Rules and others may be recommended. Member Lenko, seconded by Vice Chairman Carlsson. moved to approve item 1) In Rule 2.4(d) of the Administrative Rules, relating to the place of meetings of the Board, "Ocoee Community Center, 125 North Lakeshore Drive, Ocoee, Florida" should be changed to "City of Ocoee Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida." of Attorney Cool's November 7, 1994 memorandum reference to the 5 Code Enforcement Board Meeting November 22, 1994 Administrative Rules. Motion carried 6-0. Board members had recently received copies of these rules and Attorney Cool encouraged the members to carefully review and note possible changes so that at the appropriate time the Board could do a comprehensive amendment to the Hearing Rules. Member Lenko questioned some of the foreclosure forms and said that the City did not seem to use them. Discussion ensued on foreclosure methods and Attorney Cool explained the process to the Board. G. DISCUSSION ON DECEMBER'S CEB MEETING HAD BEEN HEARD EARLIER IN THE MEETING. COMMENTS City Manager - Not Present Code Enforcement Officer referenced Member Lenko's earlier questions about the foreclosure process. Attorney Cool said that he will check on the methods used by the City. Police Department - None Board Attorney - None Board Members: Member Alexander said that it had been a very profitable and interesting year on the Board. She thought the members had learned a lot. Ms. Alexander then wished everyone a happy holiday. Member Chestney agreed with Member Alexander. Vice Chairman Carlsson wished everyone a happy holiday. Chairman Sills also wished everyone a happy holiday and said that it had been an enjoyable year serving with everyone. He was looking forward to 1995 and encouraged everyone to go out and vote. Member Lenko wished everyone a happy holiday. She also wished Member Glass "good luck" on the elections November 29. She hoped she would not be seeing him back at this Board in January. Member Glass: 1) Expressed enjoyment and thanks at having worked with everyone on the Board. 2) Extended wishes for a happy holiday to everyone. 6 Code Enforcement Board Meeting ... November 22, 1994 3) Invited Board members, on behalf of the Orlando Office of Legal Affairs, to a workshop on November 29, 1994, 8:00-11:00 a.m., 3rd floor, City Hall Shakespearean Conference Room. ADJOURNMENT The meeting was adjourned at 8:52 p.m. APPROVED: Attest: City of Ocoee L' )1A, '/L4_.- i, ....' ., S 'i0-‘4 SlOrry Seaver,i j)eputy Clerk Sills, Cha a cdeL iiiii"' ii e Lewi41/..1...1 Stenographer COY 7