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HomeMy WebLinkAbout09-24-1991 Minutes MINUTE OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD HEARING HELD SEPTEMBER 24, 1991 CALL TO ORDER PRESENT: Chairman Phillip Rowe, Vice Chairman Ray Wood, Robert Imes, Frank Carlsson, Jim Sills, Madeline Shagner, Attorney Ike Cool, Fire Captain Coschignano, Code Enforcement Officers Steve Ross and Rod McDougal, Don Flippen, Building and Zoning Official, and Deputy Clerk Sherry Seaver. ABSENT: Gary Carroll (unexcused) Chairman Rowe called the meeting to order at 7:30 p.m. in the Ocoee Community Center. Chairman Rowe led in the Pledge of Allegiance to the Flag and in Prayer. Chairman Rowe stated for the record that there was a quorum present. APPROVAL OF MINUTES Mr. Imes made a motion to approve the minutes of the August 27, 1991 Code Enforcement Board Meeting as printed and distributed. Motion seconded by Mr. Carlsson and approved unanimously. OTHER BUSINESS Case 91-079, Fantastic Sams At this time, Code Enforcement Officers Ross and McDougal, Don Flippen, Captain Coschignano, and Roger and Debra Hayes were sworn in by Deputy Clerk Seaver. Mr. Ross stated that the violation concerning the fire sprinkler location was still in non-compliance for Fantastic Sams. Pictures of the violation were presented to the Board for review. Mr. Carlsson asked Captain Coschignano if the problem was that the sprinklers were not covering the office fully. Captain Coschignano stated that the NFPA stated that sprinklers have to be a certain distance apart and the office area is not covered. He stated that when Commercial subdivisions are built the sprinkler system is installed to the shell of the building and when the tenant moves in and adds walls, office area, etc. , it is required that the sprinklers are changed. Chairman Rowe asked if the permit had to be submitted to the Building Department and Fire Department for review. Mr. Flippen stated that in that time period he could not be sure it was done. Captain Coschignano stated he was not sure when the building was given a Certificate of Occupancy or if the building was in compliance at the time. Chairman Rowe asked if there was any changes in the State Qualifications as far as sprinklers are concerned that has started a lot of inspections on them. Captain Coschignano stated that there were no changes but there was a new inspector to make the inspections. He stated that all the departments were more organized and working together to try (tar to enforce the codes. Mr. Carlsson asked if after the tenant comes in, who is the party responsible. Captain Coschignano stated that ilbor Page 2 Code Enforcement Board Meeting September 24, 1991 he was not sure who is obligated to correct the problem. Mr. Carlsson asked Mr. and Ms. Hayes if they researched their lease to see who was responsible for correcting the problem. Mr. Hayes stated he could not find anything in the lease and that he had never moved into a building that had not been previously inspected. Chairman Rowe asked him how much it would cost to drop the one sprinkler head. Mr Hayes stated a local company told him that he needed more than the violation stated. He also stated that his lease has ended and they were not sure if they were going to renew the lease. Mr. Wood asked if the wall was there when Mr. Hayes moved in. Mr. Hayes stated that it was there when the store was completed. Mr. Hayes stated that he didn't have a problem putting a sprinkler head in the office but he would know something about the lease in about a week or two. Mr. Carlsson wanted to know who the owner was. Mr. Ross stated that it was managed by Roebling Management in New Jersey. Chairman Rowe asked if Mr. Hayes did not renew his lease would he be subject to the fines. Mr. Cool stated that Mr. Hayes is not the property owner but it could affect personal property. Chairman Rowe stated that he felt if the City had done its job when it was inspected then the sprinkler would be there. Mr. Carlsson asked Mr. Cool if they could direct Code lbw Enforcement Staff to write a letter to the owner to recommend before the lease is renewed that this problem be rectified. Mr. Cool stated that the Board could suggest to Staff to write a letter. Mr. Ross stated that he would cite the owner to appear before the next meeting. Mr. Hayes stated that he knew the owner would say that the tenant was responsible. Ms. Hayes stated that she thought more of these cases would be coming. Chairman Rowe stated that the Board could not discuss any other case. Mr. Carlsson asked how long it would take to find out about his lease. Mr. Hayes stated a couple of weeks. Mr. Carlsson made a motion to find the Respondent in violation of the code stated and give them until October 15, 1991 to comply or to be fined $50.00 a day thereafter. Motion seconded by Mr. Sills. Ms. Hayes stated that she thought 5 minutes ago that the Board was not sure who was responsible. She also stated that the lease may not be resolved in that time frame. Chairman Rowe stated that he was worried about something happening before the problem can be resolved. Ms. Hayes was concerned because when the building was first inspected it was approved and now its inspected and something is wrong. Mr. Wood recommended that the Hayes take the lease to their attorney to find out who's responsible. Mr. Imes called for a question. Motion was approved. At this time, Mr. Flippen wanted to discuss with the Board about repeat violators. Mr. Flippen stated that the past Chairman would not let Code Enforcement Staff bring violations to the Board that were already complied. Mr. Flippen read the code in reference to bringing violations to the Board. Mr. Flippen stated that he wanted Page 3 Code Enforcement Board September 24, 1991 the Board to know that Code Enforcement Staff would be bringing some violations to them in the future that would be considered repeat violators. Mr. Carlsson stated that they should not let anything stop them from bringing violations to the Board. Mr. Ross stated that he was informed that the violator had to be found in non-compliance and then brought back then they were a repeat violator. Mr. Cool stated that a repeat violator is a violator who does not come into compliance by the date specified and is brought before the Board. The Board will find that they have complied now but they were in violation. Mr. Carlsson stated that one member should not stop any violations being brought to the Board. With understanding of repeat violators on both parts, the discussion ended. Chairman Rowe asked the status of the case named Robert E. Miller, Esquire. Mr. McDougal stated that the property has been brought into compliance and the case dismissed. COMMENTS A. City Manager - Not Present. B. Code Enforcement Officers - No Comments. C. Board Attorney - No Comments. D. Citizens - No Comments. E. Board Members - Chairman Rowe thanked everyone for being there. Mr. Carlsson asked that when the Board Members ask to bring the owner to the Board Meeting, please cite them. ADJOURNMENT Chairman Rowe made a motion to adjourn. Motion seconded by Mr. Imes and approved unanimously. Meeting adjourned at 8:30 p.m. . _ .__ .ted Phill p Ro - , Chairman ATTE T Lau, Sh ry Seav r, Deputy Clerk L