Loading...
HomeMy WebLinkAbout04-23-1991 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD APRIL 23, 1991 ROLL CALL Present: Chairman John Linebarier, Vice Chairman Pitt Varnes, Members Gary Carroll, Frank Carlsson, Phillip Rowe, Attorney Ike Cool, Code Enforcement Officers Steve Ross and Rod McDougal, Sergeant Steve Goclon and Deputy Clerk Sherry Seaver. ABSENT: Ray Wood (excused) and Robert Imes (unexcused) Chairman Linebarier called the meeting to order at 7:30 p.m. in the Ocoee Community Center. Chairman Linebarier led in the Pledge of Allegiance and Mr. Carlsson led in prayer. There was a quorum present. APPROVAL OF MINUTES Mr. Carlsson made a motion to approve the minutes of the March 26, 1991 meeting as printed. Motion seconded by Mr. Rowe and approved unanimously. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARING Case 91-055, Leonard M. &/or Samantha L. Zeigler At this time, Code Enforcement Officers McDougal, Ross and Mr. Leonard M. Zeigler was sworn in by Deputy Clerk Seaver. Mr. McDougal stated that all violations had been cleared except the violation pertaining to Zoning Ch III Section 8. Mr. McDougal stated that Mr. Zeigler was very cooperative in his actions and that Mr. Zeigler had expressed to him he wanted to present his case to the Board. Mr. McDougal presented pictures to the Board for review. Chairman Linebarier asked Mr. McDougal how long the trailers had been on the property. Mr. McDougal stated that he could only say what Mr. Zeigler had told him, since 1968. Chairman Linebarier asked Mr. McDougal the date that the Code was written. Mr. McDougal stated in 1971. Mr. Carroll asked Chairman Linebarier how the date would be relevant to this case. Chairman Linebarier stated that if the trailers were in place before the adoption of the Code then they should not be removed. Mr. Carlsson did not agree with that. The Board discussed as to whether or not the travel trailers were considered a structure. Mr. Carlsson asked for Attorney Cool's legal opinion. Mr. Cool stated that only a structure would apply. Chairman Linebarier asked if the trailers presented any kind of health or fire hazard. Mr. McDougal stated that in his opinion, that they are storing equipment that could harbor rodents and the area around is being maintained. Mr. Carlsson stated that he did not understand the questions because he is not being cited for those violations. Chairman Linebarier said he was trying to determine if they were a hazard. He stated that the City Commission had at that time given Mr. Zeigler permission Page 2 ibe Code Enforcement Board Meeting April 23, 1991 to retain them as storage sheds. Mr. Carlsson asked if he had a letter stating that. Chairman Linebarier stated they would find that out in Mr. Zeigler's testimony. Mr. McDougal asked Attorney Cool if there would have to be a "grandfather clause" in the ordinance. Attorney Cool stated no, in regards to mobile units, they could regulate them regardless of when they were placed. At this time Mr. Zeigler approached the podium. Mr. Zeigler stated that the travel trailers were moved on the property for storage in 1968. He stated that in 1969 and 1971, Mr. Barry came out to his property and cited him. Mr. Zeigler stated that Mr. McDougal was the first to cite him for the motor home. Mr. Zeigler stated that Mr. Barry told him that there was no problem. He stated that somewhere on the records there was a report somewhere. Chairman Linebarier asked Mr. Zeigler if the Commissioner came with him. Mr. Zeigler stated no that he could not remember the year it happened. Mr. Zeigler stated that the travel trailers were approved by the Building Official at that time. Chairman Linebarier asked Mr. Zeigler if there were wheels on the travel trailers. Mr. Zeigler stated yes. Chairman Linebarier asked Mr. Zeigler if he had done what he asked him to do and checked the records to see if they could find anything on it. Mr. Carlsson read the violation out (low loud. Chairman Linebarier asked if the City Commission minutes had been researched for this case. Mr. Ross stated that Jean Grafton, City Clerk had and found nothing regarding this property being grandfathered in. Mr. Carroll suggested that Mr. Zeigler go to the Commission and plead his case. Chairman Linebarier stated that he had a problem that the trailers were in place before adoption of the code and that they have not been moved. Mr. McDougal asked that Attorney Cool restate his legal opinion on mobile units in reference to this case. Attorney Cool stated that if it was a structure before the Code was adopted then it would be allowed to stay; but with a mobile unit or trailer then it does not apply. Mr. Carlsson made a motion to find the Respondent in non-compliance and to give him 120 days to comply by any means or be fined $50.00 a day thereafter. Motion seconded by Mr. Rowe. Attorney Cool stated that the motion could be to continue the case until the August meeting. The vote went Chairman Linebarier "Nay" , Vice Chairman Varnes "Nay" , Mr. Carroll "Yea" , Mr. Carlsson "Yea" , and Mr. Rowe "Yea" . Chairman Linebarier stated motion carried. Attorney Cool stated that four votes were needed. Chairman Linebarier stated that the motion was defeated. Vice Chairman Varnes made a motion to give the Respondent 120 days to comply. Motion seconded by Chairman Linebarier. Vice Chairman Varnes amended his motion until August 27, 1991. Motion seconded by Chairman Linebarier. The vote went Chairman Linebarier "Yea" , Vice Chairman Varnes "Yea" , Mr. Carroll "Nay" , Mr. Rowe "Nay" , Mr. Carlsson "Nay" . Chairman Linebarier stated motion defeated. Chairman Linebarier asked Mr. Zeigler how (row long it would take to remove the trailers and motor home from the property. Mr. Carlsson asked Mr. Zeigler if he needed 120 days or Page 3 Code Enforcement Board Meeting April 23, 1991 180 days. Chairman Linebarier asked Mr. Zeigler if he could take the extension off of the motor home. Mr. Zeigler said yes. Mr. McDougal stated that it was still too long. Chairman Linebarier asked Mr. McDougal if he could find a place to put one of the travel trailers and the motor home within 30 days. Mr. Zeigler stated yes. Chairman Linebarier told Mr. Zeigler he couldn't bring them back. Chairman Linebarier told Mr. Zeigler he could go to the City Commission. Chairman Linebarier stated that he was extending this case until the May 28th meeting. Case 91-056, First Place Auto Detailing Chairman Linebarier stated for the record that there was no one present to represent this case. Code Enforcement Officer Ross stated that First Place Auto Detailing were conducting business without a City Occupational license for an auto detailing business. Mr. Ross stated that he did tell them that they needed a license. Upon reinspection of the property, there had been no attempt to obtain a license. Mr. Ross told a girl in the office about the Board Hearing and that they needed to be there. Mr. Ross presented pictures to the Board for review. Vice Chairman Varnes asked the (i, amount for the license. Mr. Ross stated about $100.00 a year. Mr. Rowe asked Mr. Ross if he had any contact with the owner. Mr. Ross stated yes, once at which time he handed him an application. Mr. Carroll made a motion to give the Respondent until May 3, 1991 to obtain a license or be fined $50.00 a day thereafter. Motion seconded by Vice Chairman Varnes and approved unanimously. OTHER BUSINESS Case 91-045, Jart Properties, Ltd. Chairman Linebarier stated that the compliance order was set last meeting. Chairman Linebarier called for a motion. Mr. Carlsson made a motion to sign and file the Order Imposing Fine and Lien. Motion seconded by Mr. Carroll and approved unanimously. Case 91-052, C. Roger Freeman The Board discussed the dismissal form for the case. Mr. Carroll made a motion to sign an order of dismissal. Motion seconded by Mr. Carlsson and approved unanimously. Case 91-049, Robert M. &/or Dreama J. Varnes Mr. McDougal stated that he had not been able to make contact with anyone or the mortgage company, the property was abandoned. (ww Chairman Linebarier asked if the Respondents are currently listed as the owners. Mr. McDougal stated according to the County yes. Mr. Page 4 Code Enforcement Board Meeting April 23, 1991 Carroll made a motion to continue until the May 28, 1991 meeting. Motion seconded by Mr. Carlsson and approved unanimously. COMMENTS City Manager - Not Present Police Department - Sergeant Goclon made comments on paying taxes on mobile and permanent structures. Code Enforcement Officers - No Comments Board Members - Mr. Carroll made comments on speaking with Respondents before the hearing in reference to their case. Mr. Carroll also suggested that it be put in the by laws that the Board Members refrain from discussing the cases before the hearing. Chairman Linebarier stated that he gave Mr. Zeigler a personal opinion about moving the trailers. Mr. Carroll said that your personal opinion is different from someone else and it should not be given. Mr. Carlsson said that the public looks at your opinion is the Boards opinion. Board Attorney - No Comments Citizens - No Comments Chairman Linebar'er adjourned the meeting at 8:47 p.m. • / 4 �� / ohn Linebar er, Chairman ATTEST: ) , i herry Se. - ,, Deputy Clerk L