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HomeMy WebLinkAbout02-26-1991 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD FEBRUARY 26, 1991 ROLL CALL PRESENT: Chairman John Linebarier, Vice Chairman Pitt Varnes, Members Frank Carlsson, Phillip Rowe, Robert Imes (late) , Attorney Ike Cool, Police Sergeant Chuck Seaver, Code Enforcement Officers Rod McDougal and Steve Ross and Deputy Clerk Teresa Braddy. ABSENT: Gary Carroll and Ray Wood (excused) Chairman Linebarier called the meeting to order at 7 :32 p.m. in the Community Center. Mr. Carlsson led in prayer and Chairman Linebarier led in the Pledge of Allegiance to the Flag. Chairman Linebarier stated for the record that there was a quorum present. APPROVAL OF MINUTES Mr. Carlsson made a motion to approve the minutes of the January 22, 1991 meeting as published. Motion seconded by Vice Chairman Varnes and approved unanimously. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARING Case 91-004, Westo Inc. This case complied prior to the hearing and was dismissed. Case 91-014, Denver Harper This case complied prior to the hearing and was dismissed. Case 91-019, Sherrill Ray Harper This case complied prior to the hearing and was dismissed. Case 91-021, Ray Harper At this time, Deputy Clerk Braddy Swore in Code Enforcement Officers McDougal and Ross, and Mr. Ray Harper. Code Enforcement Officer McDougal stated the inspections in this case. He stated that the parts had been picked up but had not been removed from the property therefor was still in non-compliance. Code Enforcement Officer McDougal presented pictures to the Board for review. Code Enforcement Officer McDougal stated that Mr. Harper had been very cooperative with him. Chairman Linebarier asked Code Enforcement Officer McDougal if the tenant was cited. He responded no. Chairman Linebarier suggested that the tenant be cited also. Mr. Harper stated that he agreed that the tenant should be cited. Mr. Harper stated that he would rather evict the tenant. Mr. Carlsson asked if there was a shed on the property that they could store the parts in. Mr. Harper stated yes but it was full. Mr. Carlsson made a Page 2 Code Enforcement Board Meeting February 26, 1991 motion to find the respondent in non-compliance and to give him until April 8, 1991 to comply or to be fined $50.00 per day thereafter. Motion seconded by Mr. Rowe. Motion was approved unanimously. Case 91-022, Walter &/or Chloe Muller Chairman Linebarier stated that no one was present for this case. Code Enforcement Officer McDougal stated the facts and inspections in this case in reference to trash and debris strewn on property. Upon reinspection today, the property was still in non-compliance. Code Enforcement Officer McDougal presented pictures to the Board for review. The Board discussed citing the tenants as well as the owner when the violation is directly caused by the tenant. Mr. Rowe asked Code Enforcement Officer McDougal if the Mullers visited the property. He stated very seldom. Mr. Carlsson made a motion to find the Respondents in non-compliance and to give them until March 20, 1991 to comply or to be fined $50.00 a day thereafter. Motion seconded by Vice Chairman Varnes. Motion approved unanimously. Case 91-023, Raymond E. Norris This case complied prior to the hearing and was dismissed. Case 91-025, Jeffrey O. &/or Judith F. Bobineaux Code Enforcement Officer McDougal stated the facts and inspections in reference to a junk vehicle. He stated that the Respondent said they could not afford to get the truck into compliance. He stated that as of today the truck was still in non-compliance. Vice Chairman Varnes made a motion to find the Respondents in non- compliance and to give them until March 10, 1991 to comply or be fined $50.00 a day thereafter. Motion seconded by Mr. Imes. Vice Chairman Varnes amended his motion to read March 8, 1991. Amendment seconded by Mr. Imes. Motion with amendment approved unanimously. Case 91-026, William T. Donehoo C/O Christine Messer The Respondent agreed to waive the receipt of three day notification and hear the case tonight. Deputy Clerk Braddy swore in Christine Messer and Dan Boothe. Code Enforcement Officer McDougal stated the facts and inspections in reference to a junk vehicle. He presented pictures to the Board for review. Ms. Messer stated that Ms. Snyder is never home because she works so much. Ms. Messer doesn't understand why they have to hide something you own. Mr. Carlsson clarified what qualified as a junk vehicle. Ms. Messer discussed with the Board putting the vehicle under a carport or behind a fence. Chairman Linebarier stated that the Board can not change the Code and it was passed by the City Commission and Page 3 Code Enforcement Board February 26, 1991 the Board could only enforce the Code. Deputy Clerk Braddy swore in Karen Snyder at this time. Mr. Carlsson asked Ms. Snyder what it would take to get the engine back together. Ms. Snyder stated that she can't move it, she can't afford it. Chairman Linebarier asked Ms. Snyder if she could give the Board an approximate date that she could have the vehicle in operable condition. Ms. Snyder stated no. Mr. Imes made a suggestion that Ms. Snyder call the Vocational school and let them work on it. Mr. Carlsson made a motion to find Messer/Boothe in non-compliance and to give them until March 28, 1991 to comply or be fined $50.00 thereafter. Motion seconded by Mr. Imes. Mr. Carlsson amended his motion to read Mr. Donehoo/Messer/Boothe in violation. Amendment seconded by Mr. Imes. Chairman Linebarier told Mr. Boothe that he would have to consult his lawyer to take care of this problem. Attorney Cool asked Code Enforcement Officer McDougal if the primary person is just Mr. Donehoo. Chairman Linebarier stated that Ms. Messer stated she was the owner of the property. Attorney Cool stated that the owner had not been correctly cited. Mr. Boothe stated that his attorney messed up the title insurance and the County is showing that the owner is Mr. Donehoo. Code Enforcement Officer McDougal stated that according to our tax records that the owner is still listed as William T. Donehoo. Mr. Carlsson withdrew his motion. Mr. Imes withdrew his second under the advise of Attorney Cool. This case will be reviewed again by City Staff and brought back before the Board. Case 91-029, Sherill R. &/or Kathy Harper This case complied prior to the hearing and was dismissed. Case 91-033, Betty Pedrick This case complied prior to the hearing and was dismissed. Case 91-034, Betty Pedrick This case complied prior to the hearing and was dismissed. Case 91-036, Nancy Wiggins Chairman Linebarier stated that there was no proof of service on this case therefor it could not be heard. Mr. Carlsson made a motion to continue this case until the March meeting. Motion seconded by Mr. Rowe and approved unanimously. At this time, Chairman Linebarier called a 5 minute recess. (8:55 p.m. Chairman Linebarier called the Board back to order at 9:00 p.m. Page 4 4:1, Code Enforcement Board February 26, 1991 OTHER BUSINESS Case 90-105, General Repair Service, Inc. Deputy Clerk Braddy swore in Code Enforcement Officer Ross. Code Enforcement Officer Ross stated that at the October Code Enforcement Board Meeting the Board gave this case until February 20, 1991 to comply. After failed attempts by the owner to receive a variance, the owner got a fence permit. Chairman Linebarier asked for specific dates from Code Enforcement Officer Ross in future cases for Meeting dates for the Board of Adjustments and City Commission. Chairman Linebarier stated that he felt that the owner still had plenty of time after the denials to get the fence up. Mr. Carlsson made a motion to sign an Order Imposing Fine and Lien in accordance with the original compliance order dated October 23, 1990. Motion seconded by Mr. Rowe. Vote went Rowe "aye" , Carlsson "aye" , Linebarier "aye" and Imes "nay" . Motion denied. Mr. Carlsson made a motion to sign an Order Imposing Fine and Lien in accordance with the original compliance order dated October 23, 1990. Motion seconded by Mr. Rowe and approved unanimously. At the request of the Board not to record the fine and lien until after the March (b, Code Enforcement Board Meeting. COMMENTS City Manager - Not Present Police Department - No Comments Code Enforcement Officer Ross - He stated that City Staff has been very busy with code violations. Code Enforcement Officer McDougal - He appreciates comments from the Board. Board Attorney - No Comments Board Members - Mr. Carlsson discussed a problem on Ison Lane. ADJOURNMENT Mr. Imes made a motion to adjourn. Meeting adjourned at 9:35 p.m. hn Linebar er, Chairman ATTEST., ) _ji herry ever, Deputy Clerk L