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HomeMy WebLinkAbout08-28-1990 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD AUGUST 28, 1990 ROLL CALL PRESENT: Chairman John Linebarier, Vice Chairman Pitt Varnes , Members Frank Carlsson, Ray Wood, Phillip Rowe, Attorney Ike Cool, Code Enforcement Officers Steve Ross and Rod McDougal , and Deputy Clerk Sherry Seaver. ABSENT: Members Robert Imes and Gary Carroll (excused) Chairman Linebarier called the meeting to order at 7 : 32 p.m. in the Ocoee 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 moved to approve the minutes of the July 24 , 1990 meeting as printed and distributed. Motion seconded by Vice Chairman Varnes and approved unanimously. At this time Code Enforcement Officers Ross and McDougal were sworn in. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARINGS Case 90-63, Scott C. Anderson, Excessive growth of weeds and grass Code Enforcement Officer Ross stated the facts in the case. He stated also that he had spoke with Mr. Anderson on the phone and advised him that he should attend this meeting. Code Enforcement Officer Ross stated that for the record that this violation has gone on for sixty days without compliance. He then presented pictures of the property to the Board. Chairman Linebarier stated for the record that no one was present to represent this case. Mr. Carlsson made a motion to find the respondent in non-compliance and to give him until August 30 , 1990 to comply or to be fined $75. 00 a day thereafter. Motion seconded by Vice Chairman Varnes and approved unanimously. Case 90-77 , Georgie' s Trading Post, Engaging in business without a City Occupational License; Storage and massive accumulation of articles for sale outside of building not screened. Georgie Carnegie was sworn in by Deputy Clerk Seaver. Code Enforcement Officer Ross stated all the facts and inspections in this case. He stated that at the end of the work day today a completed application had not been turned in to the City. Code Enforcement Officer Ross presented pictures to the Board. Ms. Carnegie stated that the facts in the case stated by Code Enforcement Officer Ross were true. Chairman Linebarier asked Ms. Carnegie if there were extenuating circumstances that were delaying her from getting the license. Ms. Carnegie stated that she could not get a drawing from Mr. Miller, owner of the Page 2 Code Enforcement Board Meeting August 28 , 1990 property, to complete the application. She also stated that the building was too small to store all of the goods inside. Chairman Linebarier asked Code Enforcement Officer Ross what the problem was with the application. Code Enforcement Officer Ross stated that a complete application has not been turned in. Chairman Linebarier asked Code Enforcement Officer Ross if he had cited the owner. Code Enforcement Officer Ross stated no. Chairman Linebarier asked Ms. Carnegie how long it would take her to move all the goods into a warehouse. She stated a week. Chairman Linebarier stated that she had to take care of these two problems. Mr. Carlsson made a motion to find the respondent in non-compliance and to give her until September 11, 1990 to comply or to be fined $50.00 a day thereafter. Motion seconded by Mr. Rowe and approved unanimously. Case 90-80, Dale P. Covino, Excessive growth of weeds and grass This case complied before the hearing and was dismissed. Case 90-81, Dawn A. Hearns , Storage and Parking of Recreational Vehicles Joseph Hearns, father of the respondent, was sworn in to testify for this case by Deputy Clerk Seaver. Code Enforcement Officer McDougal stated the facts and inspections in this case. He stated that he made many attempts to contact someone in reference to this case. He spoke with Mrs. Hearns on July 9, 1990. She stated that the violations would be cleaned up. Code Enforcement Officer McDougal stated that he spoke with Mr. Hearns on August 22, 1990 and advised him that he was trying to deliver a Notice of Hearing. He stated that as of July 9, 1990 , he dropped the charge of nuisance and menace to public health. He told Mr. Hearns that he would be back to deliver the Notice of Hearing. He stated when he returned, Mr. Hearns refused to come to the door. He then called for assistance from Sergeant Simon of the Ocoee Police Department. The Notice of Hearing and Statement of Violation was delivered by Sergeant Simon. Code Enforcement Officer McDougal added that he made many attempts to contact someone at the residence. Code Enforcement Officer McDougal presented pictures to the Board. Mr. Hearns stated that the Code Enforcement Officer never gave him an option to move the motor home to any other place. Mr. Hearns stated that he received a notice in the mail on June 28 , 1990. He could not believe that he got a notice after they just sodded the yard. He stated that the debris was moved to the side yard until he could get it moved. Mr. Hearns couldn' t get it moved until after the deadline. Mr. Hearns presented pictures of his yard. He stated that Code Enforcement Officer McDougal went looking in his yard instead of coming to the door to talk to him. Mr. Hearns then stated that on August 22, 1990 when Code Enforcement Officer McDougal came to the door, he told him it was his nap time and Code Enforcement Officer McDougal was harassing him. He Page 3 Code Enforcement Board Meeting August 28 , 1990 also stated that he was awakened by a voice stating that he was a Police Officer and then came into the bedroom to deliver the notice. Mr. Hearns stated that he ran Code Enforcement Officer Ross down and showed him his property. He stated that he did not want to live where he was going to be harassed. Mr. Hearns could not believe that they would send a cop into his house. He stated that the jeopardy that the Code Enforcement Officer had put himself, Code Enforcement Officer McDougal, and the Police Officer in was cause for great concern. Mr. Hearns stated he wondered what would have happened if level heads hadn' t been there and someone pulled out a shotgun on someone entering their home. There could have been a death over this. He stated he could have mailed it to him. Chairman Linebarier asked Mr. Hearns if he contacted Code Enforcement Officer McDougal when he was at his property. Mr. Hearns stated that he went out as far as he could but did not. Chairman Linebarier stated that it was mailed restricted to Dawn A. Hearns. Mr Hearns stated she did not live there and he could not pick it up. Mr. Carlsson stated that the nuisance violation had been dropped and he wanted to hear about the motor home. Mr. Hearns stated that he wasn' t aware of anything but that it was four feet too long. Mr. Carlsson stated that the code reads that no motor home over twenty-four (24) feet can be parked in a residential district and that there was no tag. Mr. Hearns stated that there was a temporary tag and Code Enforcement Officer McDougal just didn' t see it. Mr. Carlsson asked Mr. Hearns if the tag was still current. Mr. Hearns answered no. Mr. Hearns stated that it was not in his restrictions. Chairman Linebarier stated that it was not the responsibility of the City to provide every agency with a copy of the codes. Chairman Linebarier stated that in his opinion he would have gone to City Hall and asked about the Codes. Mr. Hearns stated that he called City Hall and was told there were no restrictions. He also stated that he never received a copy of any codes. Code Enforcement Officer McDougal stated that there were alot of things coming from Mr. Hearns that he had never heard before. He stated that on August 22, 1990 when he met with Mr. Hearns that it was very difficult to talk to him. Code Enforcement Officer McDougal stated that he made many attempts to contact someone to explain the violations to but no one responded. He stated he would have been more than happy to give him a copy. Chairman Linebarier asked Code Enforcement Officer McDougal about when the Police Officer entered the, house was he invited in. Code Enforcement Officer stated that he himself did not enter the house; he refused to. He stated that Sergeant Simon did open the door because no one would answer the door. Prior to Sergeant Simon' s arrival, Mr. Hearns told him to go away and come back another day. Code Enforcement Officer McDougal stated at that time he called for police assistance. He stated that Sergeant Simon opened the door and announced who he was and asked Mr. Hearns to come to the door. He stated that when there was no response, he entered the house and while still announcing himself and telling him he had a service to perform. Code Enforcement Officer McDougal stated that he assumed that was when he went into the bedroom and delivered the notice. Chairman Linebarier said that was what he wanted to know. Mr. Hearns stated Page 4 Code Enforcement Board Meeting August 28 , 1990 that he spoke with Code Enforcement Officer Ross and he said he would speak with Code Enforcement Officer McDougal . Code Enforcement Officer Ross stated that Mr. Hearns did run him down and he did go by and Mr. Hearns told him the pallets would be removed. Code Enforcement Officer Ross stated that he did see the motor home and told Mr. Hearns that it was a code violation. Chairman Linebarier asked the Code Enforcement Officers if they told Mr. Hearns he could park the motor home behind the front building line of his house. Both stated no. Mr. Wood stated that he thought Mr. Hearns was confusing deed restrictions with City Code Violations. Mr. Wood told Mr. Hearns that what American Title had given him were deed restrictions. Mr. Hearns asked when the Codes went into effect. Chairman Linebarier answered fifteen years ago. Mr. Hearns stated that he would move the motor home if he had to. Mr. Carlsson asked Mr. Hearns how long he would need to move the motor home. Mr. Hearns answered about three weeks. Code Enforcement Officer Ross stated he did not like the word harassment; Code Enforcement Officer McDougal was just doing his job. Mr. Carlsson stated that they were not here to hear about harassment, that was for the City. Chairman Linebarier stated that they were not considering any harassment on the part of the City, they didn' t believe it. Mr. Wood made a motion to give Mr. Hearns until September 15, 1990 to move the motor home or be fined $50.00 a day thereafter. Motion seconded by Vice Chairman Varnes . Attorney Cool stated that they needed to amend the motion to Dawn A. Hearns. Mr. Wood amended his motion to find the respondent in non- compliance and to give her until September 18 , 1990 to comply or to be fined $50. 00 a day thereafter. Vice Chairman Varnes seconded the amendment and approved unanimously. 90-83, Robert Iles, Nuisance and Menace to Public Health and Unsafe Buildings This case complied before the hearing and was dismissed. 90-85, Earnest G. &/or Jean D. Glisson, Storage and Parking of Camping Vehicles This case complied before the hearing and was dismissed. Chairman Linebarier stated that the Board would be hearing Case # 90-96 since the respondent was present at the hearing. Case 90-96, Eugene &/or Marie Missavage, Nuisance and Menace to Public Health Code Enforcement Officer Ross stated that the violation was at 618 Palomas Avenue. He also stated the dates of the inspections. Code Enforcement Officer Ross stated that the nuisance was the pool in the back yard. He stated that there was a violation at the same address in May with compliance prior to the meeting. He stated he inspected the pool the day of the meeting and it found still in non-compliance. Code Page 5 Code Enforcement Board Meeting August 28 , 1990 Enforcement Officer Ross presented pictures to the Board. Eugene Missavage was sworn in by Deputy Clerk Seaver. Mr. Missavage stated that the notice of hearing was the only notice he had received. He stated that he had tried to take care of it. Chairman Linebarier asked Mr. Missavage if he had a professional pool company clean it. He stated no. Mr. Missavage stated that he had friends trying to clean it up. Mr. Missavage asked why Code Enforcement Officer Ross didn' t just come to him and talk to him about it. Code Enforcement Officer Ross stated that notices had been sent. Mr. Missavage stated that with the rainfall he couldn' t keep it clean. Vice Chairman Varnes made a motion to find the respondent in non-compliance and to give them until September 11, 1990 to comply or to be fined $50.00 a day thereafter. Vice Chairman Varnes amended his motion to read September 15, 1990. Motion seconded by Mr. Wood and approved unanimously. Case 90-86, Bennie D. Jr. &/or Sherry J. Oliver, Storage and Parking of Hauling Trailers Case 90-87 , Bennie D. Jr. &/or Sherry J. Oliver, Junk Vehicle and Nuisance and Menace to Public Health Chairman Linbarier stated that these two cases would be heard together as the respondent was the same. Code Enforcement Officer McDougal stated the inspections in this case. He stated that the nuisance and menace violation had been complied with before the meeting on case # 90-87 . He stated that upon inspection on August 28 , 1990, the junk vehicle was still on the property. Code Enforcement Officer McDougal stated that he spoke with Sherry Oliver on the phone on August 27, 1990 and was told it would be moved. He stated that this was his first contact with the respondents. On August 28 , 1990, Code Enforcement Officer McDougal went by the residence and Ms. Oliver was working on cleaning up the property. He stated that the trailers were still in violation. Code Enforcement Officer McDougal stated that he thought the respondent would be at the meeting. Code Enforcement Officer McDougal presented pictures to the Board. Mr. Carlsson made a motion to find the respondents in non-compliance and to give them to until September 11, 1990 on case 90-86 and until September 11, 1990 on case 90-87 to comply or to be fined $50.00 a day thereafter for both cases. Motion seconded by Mr. Wood and approved unanimously. At 9:05 p.m. Chairman Linebarier called a short recess. At 9:10 p.m. Chairman Linebarier called the meeting back to order. Case 90-91, Ralph &/or Irene Bosco, Junk Vehicle This case complied before the hearing and was dismissed. Page 6 Code Enforcement Board Meeting August 28 , 1990 Case 90-94, Richard T. &/or Betty A. Wimer, Excessive growth of weeds and grass, Nuisance and Menace to Public Health Code Enforcement Officer McDougal asked the Board for an order of continuance for this case due to the fact that there was no proof of service by mail or delivery. The Board discussed the fact that there was a refrigerator on the property. Chairman Linebarier asked that this refrigerator be taken of immediately. Mr. Wood stated that the police department would be able to take care of this. Vice Chairman Varnes made a motion for an order of continuance with the provision that tis case be first priority. Motion seconded by Mr. Carlsson and approved unanimously. OTHER BUSINESS Case 90-34, Edward H. &/or Glenda Thomas , excessive growth of weeds and grass Code Enforcement Officer Ross asked the Board for an order of dismissal. Chairman Linebarier suggested that an order of continuance be granted instead. Code Enforcement Officer Ross agreed. This case will have to be advertised because of no contact. Mr. Carlsson made a motion to continue this case until the meeting set for October 23, 1990. Motion seconded by Mr. Rowe and approved unanimously. Case 90-54, Mathew P. &/or Elizabeth M. McConnaughy, Excessive growth of weeds and grass Code Enforcement Officer McDougal asked the Board for an order of dismissal for this case because during last months meeting there was a mistake in the case. He stated that there was no proof of service mail for this case. He stated that he was contacted by Jean McConnaughy to let the City know that she had power of attorney. Chairman Linebarier asked Attorney Cool if the Board could reverse the compliance order that was instituted at the last meeting. Attorney Cool stated that the Board could reverse the decision by an order of dismissal. Mr. Wood made a motion for an order of dismissal on this case. Motion seconded by Vice Chairman Varnes. Chairman Linebarier discussed with the Board case # 90-26 for the Maguire Road Corp. . Code Enforcement Officer Ross stated that the Maguire Road Corp. was in fact the correct property owner of the dumping site. The case was dismissed. Chairman Linebarier asked Code Enforcement Officer Ross if the City had a way of cross referencing the cases other than memory. Chairman Linebarier asked that the Code Enforcement Officers let the Board know when a case has been through before. Page 7 Code Enforcement Board Meeting August 28 , 1990 COMMENTS A. City Manager - Not Present B. Code Enforcement Officer Ross- He disscussed the fact that the computer will be taking care of the cross referencing of the cases. C. Code Enforcement Officer McDougal - No Comments D. Police Department - Not Present E. Board Attorney - Mr. Cool stated that the Affidavit of Compliance was being used correctly but if it was recorded then the Board would have to vote on an order of acknowledgement. F. Board Members - No Comments G. Citizens - No Comments ADJOURNMENT Mr. Carlsson moved to adjourn. Motion seconded by Mr. Wood and approved unanimously. Mee 'ng adjourned at 9:45 P.M. -',,1, 4 _.„,,,,,10.i„, n Linebarier, Chairman LO-01ATTEST: ie ��Srry Sea r,, Deputy Clerk L