HomeMy WebLinkAbout08-22-1989 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD AUGUST 22, 1989
ROLL CALL:
PRESENT: Chairman John Linebarier, Vice Chairman Robert
Imes, Members Gary Carroll, Pitt Varnes and James Skirvin,
Attorney Ike Cool , Code Enforcement Officer Steve Ross, Fire
Captain James Coschignano, Police Lieutenant William Walker,
Finance Clerk Teresa Braddy and Deputy Clerk Susan Swilley.
ABSENT: Frank Carlsson and Ray Wood (both excused) .
Chairman Linebarier called the meeting to order at 7 :29 p.m.
and led everyone in the Pledge of Allegiance to the flag.
Mr. Carroll then led in prayer. Chairman Linebarier stated
for the record that there was a quorum present.
REVIEW AND APPROVAL OF MINUTES
Mr. Carroll moved to waive the reading of the minutes of the
June 27 , 1989 Code Enforcement Board meeting and to accept
them as printed and distributed. Motion seconded by Mr.
Skirvin and approved unanimously.
HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF
HEARINGS
Case 89-9, Discount Deals, Inc.
Chairman Linebarier asked if there was anyone present to
represent Discount Deals, Inc. and Mr. Kurt Ardaman stated
that he was present as the attorney (from the firm Fishback,
Davis, Dominick, Bennett & Ardaman) for this case as well as
Mr. Ron Stucki. Mr. Ardaman stated his address as 170 E.
Washington St. , Orlando, Fl . 32801. Deputy Clerk Swilley
swore in Code Enforcement Officer Ross and Mr. Stucki. Mr.
Ross then stated that he had inspected the property at Silver
Star and Taylor on June 22, 1989 and sent a notice of code
violations on June 23, 1989. He further stated that he
reinspected the property on August 09, 1989, found it still
in violation and had a statement of violations with a notice
of hearing mailed to the respondent. Code Enforcement
Officer Ross stated that upon his reinspection on August 22,
1989 at 4:00 p.m. , there is still noncompliance. He then
passed photographs as evidence. Chairman Linebarier stated
that the records show Mr. Ross ' s second inspection as August
07 , 1989 not August 09, 1989. Code Enforcement Officer Ross
verified that August 07 , 1989 was the correct date. He also
filow stated that most of the activity on the property was during
the weekend. Chairman Linebarier asked how many different
vehicles were parked on the property at the time of the
photographs. Code Enforcement Officer Ross stated that there
were two (2) double trailers. Chairman Linebarier asked how
many total riggs and Mr. Ross answered, six (6) plus an out
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of state car and a tractor. He further stated that the car
and trailer were not shown in the photograph. Mr. Stucki
then stated that he contests the violation, that he has no
business in the City of Ocoee, does not live in the City of
Ocoee and that the trailers probably belong to resident of
the City of Ocoee. He stated that those people should be
cited. Mr. Stucki stated that he feels he is being harrassed
and that there are hundreds of violations in the City not
being prosecuted. He further stated that he is not doing the
parking nor has he granted permission. Mr. Stucki stated
that he takes offense to the City asking him to guard his
property and that he is willing to go to the Supreme Court if
necessary to fight the ridiculous charges. Deputy Clerk
Swilley then swore in Mr. Ardaman at the insistence of
Chairman Linebarier. Mr. Ardaman then gave some background
narrative of the property/case in question. He stated that
Discount Deals/Ron Stucki had received a notice of code
violation in 1988 for parking without paving on the same
property. He stated that the Ordinance cited then did not
apply to situation and that at the December 19, 1988 hearing
the Code Enforcement Board decided the Ordinance did not
apply and found Discount Deals not in violation. Mr. Ardaman
stated that on June 20, 1989 the City of Ocoee adopted a new
Ordinance, #89-12 which modified the Code to (in his opinion)
include the Stucki property. Mr. Ardaman stated that a
notice of code violation was received by Discount Deals two
(2) days after this Ordinance was passed. He stated that he
found it curious and reflected on feelings of Mr. Stucki
being singled out. Mr. Ardaman then asked if he could elicit
further information from the Code Enforcement Officer, Mr.
Ross. Mr. Linebarier stated that he would allow questions
but for Mr. Ardaman to keep in mind this was not a cross
examination. Mr. Ardaman then verified the inspection dates
with Mr. Ross. Mr. Ardaman then asked Mr. Ross if the
vehicles in the photographs were the same vehicles in
violation as on the other two (2) inspection dates and Mr.
Ross answered that they appeared to be different. Mr.
Ardaman asked Mr. Ross if he had attempted to verify owners
of any of the vehicles and Mr. Ross answered, no. Mr.
Ardaman asked who the complainant was and Mr. Ross answered,
one (1) was from a resident in pioneer key park and one (1)
was from Commissioner Rusty Johnson. Mr. Ardaman asked when
the calls were received and Mr. Ross answered that one (1)
was verbal and one (1) was a phone call and that both were
received after Ordinance 89-12 was passed. Mr. Ardaman asked
Mr. Ross his perception of the violation. Mr. Ross answered,
parking and storing place for trailers on open property. Mr.
Ardaman asked if that was because it was not paved and Mr.
Ross answered yes and that also it did not meet the off
street zoning requirements. Mr. Ardaman asked what the off
street zoning requirements were and Mr. Ross answered that he
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PAGE 3
was unsure. Mr. Ardaman asked Mr. Ross if he was directed to
issue citations for the same violation to other property.
Mr. Ross answered, no - but that under his own incentive he
has issued three (3) or four (4) other notice of code
violations for the same violation. Mr. Ardaman asked if
there were other violations of the same nature in the City
that have not been cited. Mr. Ross answered, yes - that he
is too busy to cite currently. Mr. Ardaman asked if Mr. Ross
has received a list of violations of this nature. Mr. Ross
answered no. Mr. Ardaman asked that a copy of a letter from
Mr. Stucki to the Police Chief of Ocoee be entered into the
records as exhibit 1. The letter asks the police department
for help in enforcing no parking on the property at 140
Silver Star Road. Mr. Ardaman then asked that a list of
addresses showing locations of businesses in Ocoee with the
same violations be entered into the record as exhibit 2.
Chairman Linebarier stated that the Code Enforcement Board
could not accept or consider the list and that they could
only hear testimony in reference to the Case before them now.
41100 He further stated that he would turn the list over to the
proper City official for investigation. Chairman Linebarier
then gave Mr. Ross the list. Mr. Ardaman then asked Mr.
Stucki some questions for the record. He asked Mr. Stucki if
he was the president of Discount Deals, Inc. Mr. Stucki
answered yes and that he was the sole stockholder and that he
held all offices since the company was incorporated which was
about 1981. Mr. Ardaman asked Mr. Stucki if he has ever
granted authority for anyone to park on the subject property.
Mr. Stucki answered no. Mr. Ardaman asked Mr. Stucki if he
knew any of the vehicle drivers. Mr. Stucki answered, not to
his knowledge. Mr. Ardaman asked Mr. Stucki if he has ever
tried to halt the parking or remove the vehicles. Mr. Stucki
answered, yes - by notes on the vehicles, posted property and
by asking the police department for help. Mr. Ardaman stated
that his paralegal had researched the City records and found
only one (1) other citation of the same nature. He then read
from Ordinance 89-12, section 21-70 (b) and stated that he
felt this Ordinance keyed on the property owner consenting or
acquiescing to parking or storing of motor vehicles. Mr.
Ardaman then thanked the Board. At this time Lt. Walker was
sworn in by Deputy Clerk Swilley. He stated that Mr. Stucki
had indeed contacted the Police Chief on August 22, 1989 and
that Chief Boyd was in the next room in a Commission special
session available for testimony. Lt. Walker then went to get
Chief Boyd. When Chief Boyd arrived he was sworn in by
Deputy Clerk Swilley. He stated that Mr. Stucki had stated
to him that he did not want people on his property. Chief
Boyd stated that Mr. Stucki has agreed to prosecute and that
he now has a notorized statement to that effect. Mr. Carroll
stated that he would be hard pressed to go along with the
City on this one since he does not see how Mr. Stucki can
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PAGE 4
enfore this Ordinance on his property. Mr. Varnes asked
Attorney Cool what avenue should be pursued here and Attorney
Cool answered that the Ordinance that was passed by the City
is the best that can be done and that it has accomplished
something since the police can enforce through trespassing
procedures. Attorney Cool further stated that the Ordinance
also calls to cite the owners of the vehicles. Mr. Varnes
asked if the truck drivers were residents of the trailer
park. Lt. Walker answered that he was unsure but each
vehicle will be posted, tags will be run through DMV and the
owners will be contacted either through home or work. Lt.
Walker stated that he has his patrol division working on it
now. Vice Chairman Imes asked if the police department has
been given full authority and Lt. Walker answered yes but
that the police department still cannot tow from private
property, only send the trespassers to court or jail.
Chairman Linebarier asked Mr. Stucki if he would be willing
to have the vehicles towed if the driver/owner were jailed.
Mr. Stucki answered, perhaps - that he would have to research
with a towing company. Mr. Varnes asked if the case could be
continued to see if the police department could handle. Mr.
Ardaman objected to a continuance. Chairman Linebarier
stated that with the new Code Enforcement Ordinance a
continuance would not be necessary since Discount Deals could
be noticed immediately without going through all of the
waiting periods. Attorney Cool stated that only if Discount
Deals is found in violation would that provision apply.
Chief Boyd stated that his conversation with Mr. Stucki was
not to conflict with the City Ordinance. He further stated
that he did not even know about the hearing. Chief Boyd
stated that the City police department can assist Mr. Stucki
with the parking problem but that they cannot totally solve
the problem. Mr. Carroll moved to dismiss Case 89-9,
Discount Deals, Inc. , seconded by Vice Chairman Imes and
carried unanimously.
Case 89-11 , United Motor Co.
As a matter of record, there was no one present to represent
United Motor Co. . Code Enforcement Officer Ross stated that
he received a complaint on June 28 , 1989, investigated on
June 29, 1989 and issued a notice of code violations on June
30, 1989. He stated that upon reinspection on August 07 ,
1989 he found the respondent still in violation and a notice
of hearing was sent August 09, 1989. He further stated that
he inspected again August 22, 1989 and the respondent still
has no license or an application for a license filed in City
Hall. Code Enforcement Officer Ross stated that United Motor
Co. is located at 340 Story Rd. , Ocoee across from the court
house. As evidence he passed photographs. Chairman
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6/27/89
PAGE 2
notice of code violations of June 09 , 1989. Mr. Cinelli
stated that the tires were all given to him and that as soon
as he has time between working and paying taxes , he will move
them. Mr. Wood asked if any of the tires have been moved
since the first notice was sent. Code Enforcement Officer
Ross stated that some of the tires were moved from the ground
into a trailer where they are now as shown in the photos .
Mr. Varnes asked Mr. Cinelli how long it would take him to
comply. Mr. Cinelli first stated 30 days and then stated 7
days. Mr. Varnes then asked Code Enforcement Officer Ross
for his recommendation. Code Enforcement Officer Ross
answered that he would like to see all of the tires gone from
19 Cedar Key Court and for Mr. Cinelli to use his Franklin
St. office for all of his business . Mr. Wood then explained
to Mr. Cinelli the reason for the Code prohibiting
accumulation of the tires was to protect his neighbors as
well as him. Chairman Carlsson stated that the trailer in
the photos needed a tag. Mr. Varnes made a motion to give
the respondent 10 days (until July 07 , 1989) to comply with
the Code with a fine of $50.00 for each day of noncompliance
thereafter. Motion seconded by Mr. Carroll and approved
unanimously. Chairman Carlsson signed the compliance order
and a copy was given to Mr. Cinelli.
OTHER BUSINESS
Copy of Ordinance Index
This was provided to each member for reference.
Copy of Board Member listing
This was also provided to each member for reference.
Copy of memo, re: Case #87-43
Deputy Clerk Swilley stated that this case and the Board' s
recommendation was heard at a recent Commission meeting and
the City Manager was given direction by the City Commission
to have the City Attorney check into the cost of foreclosure
and report back. She further stated that this was in the
process now.
Copy of Orange co. Animal Control rules/ regulations/booklet
Cir This was provided to each Board member pursuant to their
request.
ANNUAL ELECTION OF OFFICERS
Chairman Carlsson opened the floor for nominations for
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Linebarier asked if the respondent had any license at all and
Code Enforcement Officer Ross stated that they did not to his
knowledge. Chairman Linebarier asked for the property owner,
Code Enforcement Officer Ross stated that he did not know.
Deputy Clerk Swilley stated that Realty Enterprises
Unlimited, Inc. was the property owner but that the tentant
was cited since they are the ones in violation. Mr. Carroll
moved to find the respondent in violation of section 13.2 of
the City Code and to give seven (7) days until August 30,
1989 to come into compliance with a fine of $25.00 per day
for each day of noncompliance thereafter. Mr. Varnes
seconded the motion. In the discussion that ensued, Chairman
Linebarier stated that he supported a stiffer penalty. Mr.
Skirvin moved to amend the original motion to raise the fine
to $100.00 per day for each day of noncompliance after August
30, 1989. Motion seconded by Vice Chairman Imes. Original
motion was passed unanimously and the amendment passed
unanimously.
Case 89-12, Thomas W. Barnhill, Jr. &/or Jean C. Barnhill
Mr. Thomas W. Barnhill was sworn in by Deputy Clerk Swilley.
Code Enforcement Officer Ross stated that he received a
complaint on July 10, 1989 and upon investigation found two
(2) junk vehicles, a red corvair and a black corvair. He
stated that a notice of code violation was mailed July 11 ,
1989. He further stated that he reinspected August 15, 1989
and found the black corvair gone but the red one still there
so the statement of violations and notice of hearing was
sent. Code Enforcement Officer Ross stated that he inspected
again August 21 and August 22, 1989 and found the respondent
still in violation. He stated that the car has an expired
tag and is not in operable condition. He then passed two (2)
photographs. Chairman Linebarier asked if the grass is grown
up around the vehicle or if the grass was dead underneath.
Code Enforcement Officer Ross answered, not too badly. He
stated that the tires were all up but that the steering wheel
is missing. Mr. Barnhill stated that his car did not have a
tag. He stated that he has had many conversations with Mr.
Ross trying to resolve the issue. He stated that his car is
a collector' s item and that he is waiting for parts. Mr.
Barnhill stated that working on the car is his hobby. He
further stated that on August 23, 1989 Park Ave. Towing will
pickup the car and that some work will be done to it but the
car will be back later. He then asked what provision were in
the code for his situation. Chairman Linebarier stated that
the car would have to be in an enclosed carport or garage.
He then asked Mr. Barnhill if he could park the vehicle
somewhere else. Mr. Barnhill answered that he did not have
the money and would like to know the complainant. Chairman
Linebarier answered that the complainant was immaterial.
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8/24/89
PAGE 6
Mr. Skirvin asked what was needed to make the car street
worthy and Mr. Barnhill answered, a steering box and a
carburetor. Mr. Varnes stated that he felt this could be a
repeat violation. Mr. Carroll moved to find the respondent
in violation and to give five days until August 28 , 1989 to
come into compliance with a fine of $25.00 per day for each
day of noncompliance thereafter. Motion seconded by Mr.
Skirvin. In the discussion that ensued, Chairman Linebarier
stated that he was going to abstain from voting and would
need the appropriate voting conflict form to file. Motion
approved unanimously. As a matter of record, the respondent
was give a copy of the compliance order.
Case 89-13, Reinforced Plastics
Mr. Eric Thompson, Vice President of Reinforced Plastics was
sworn in by Deputy Clerk Swilley. Code Enforcement Officer
Ross stated that he received a complaint on August 14, 1989
and upon investigating 295 Enterprise in the Industrial Park
found the violations as cited. He stated that a notice of
code violation was issued on August 15, 1989 and upon
reinspection August 18 , 1989, a statement of violations and
notice of hearing was prepared. He stated that when he tried
to deliver it friday afternon (August 18 , 1989) he found the
business closed so he delivered it to Casual Line on Story
Road in Winter Garden. Chairman Linebarier asked for some
examples of how the building is unsafe. Code Enforcement
Officer Ross stated that the absence of a sprinkler system is
the main problem especially with the high combustion type
operation. He stated that the business is a threat to the
employees and other businesses in the Industrial Park. Fire
Captain Coschignano was sworn in by Deputy Clerk Swilley. He
stated that Casual Line originally occupied the building and
as a small business with different operations (factory
occupancy) , a sprinkler system was not required by Code. He
stated that when Reinforced Plastics moved in with
construction of fiberglass tables, the scenerio changed and
that type of business could not be permitted without
sprinklers. Captain Coschignano stated that he had met with
Mr. Thompson and understood the problem to be resolved with
permits to be applied for. He further stated that he was
then counseled by the. City Manager with direction from the
City Attorney to proceed with enforcement so that if
Reinforced Plastics failed to proceed as promised, the
process would be started through Code Enforcement. Code
Cre Enforcement Officer Ross stated that the building permit was
applied for on August 17 , 1989 for the sprinkler system.
Captain Coschignano stated that he has reviewed the plans and
that they are engineered. He stated that he has spoken with
the Contractor and everything looks O.K. . Chairman
Linebarier asked if the sprinkler system would satisfy
Cir
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PAGE 7
everything and Captain Coschignano answered yes. Mr.
Thompson stated that the hold up with installing the
sprinkler system has been busy times and the $30, 000.00 the
job is costing. He further stated that the contractor feels
that 30 days is sufficient to install the system. Mr.
Carroll asked the number of employees at Reinforced Plastics.
Mr. Thompson answered approximately fourteen (14) . Vice
Chairman Imes asked what commencement date the contractor has
given. Mr. Thompson stated that the materials were being
constructed now. Vice Chairman Imes asked if September 17 ,
1989 would be the completion date. Mr. Thompson answered
yes . Mr. Varnes stated that he believed a continuance was in
order until the end of the 30 days. Chairman Linebarier
explained the procedure as to issuing a compliance order with
a fixed number of days to comply with a fine attached for
noncompliance after that date. Code Enforcement Officer Ross
stated that a complete inspection and test would be conducted
when the system was installed by Captain Cash, Building
Official Flippen and himself. Mr. Carroll moved to find the
respondent in violation and to give until September 17 , 1989
to come into compliance with a fine of $250.00 per day for
each day of noncompliance thereafter. Motion seconded by Mr.
Varnes and approved unanimously. As a matter of record, the
respondent was given a copy of the compliance order.
OTHER BUSINESS
Ordinance 89-21 was provided for each member' s reference.
Notice of Dismissal , Case 89-8 - Frank A. Cinelli and/or Emma
Cinelli was also provided for reference.
COMMENTS
Code Enforcement Officer Ross asked if the Board would like
more cases like 89-12 brought to them or if he should work
with the Police to handle. Chairman Linebarier stated that
the Ordinance did not turn out as expected. Attorney Cool
stated that the Ordinance was worded as well as could be. He
stated that he did not know how, in this situation, there
could be an Ordinance to address the problem. Chairman
Linebarier advised Mr. Ross to pursue and bring to the Board
if necessary. Attorney Cool reiterated that the vehicle
drivers/owners could be cited. Attorney Cool stated that
recent amendments to State Statutes by the Florida
Legislature will take effect October 1, 1989. He stated that
he would review the revisions and report back to the Board.
He further stated that the revisions would probably require
an amendment to the City Code. Chairman Linebarier
introduced Teresa Braddy to the Board and explained that she
would be the new clerk starting with the October meeting.
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PAGE 8
ADJOURNMENT
Mr. Skirvin moved to adjourn, seconded by Vice Chairman Imes
and approved animously.
kofiR ot0j01/1;44A)
C/ohn Linebarier, Chairman
ATTEST:
2LI Of
Susan Swilly, Deputy el
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- FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME—FIRST NAME—MIDDLE NAME AGENCY is unit of: DATA ON WHICH VOTE OCCURRED
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MAILING ADDReuil NAME OF PERSON RECORDING MINUTES
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NAME OF AGENW SPECIFY
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MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1979) 1
If you have voted in your official capacity upon any measure in which you had a personal,private,or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below.
1. Description of the matter upon which you voted in your official capacity:
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priso v$c. FRI EMbSAIIP
2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or
the special private gain of any principal by whom you are retained:
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3. Person or principal to whom the special gain described above will inure:
a.0 Yourself b.0 Principal by whom you are retained:
(NAME)
SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON
$• -get RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT
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P • • WHICH THE VOTE OCCURRED:
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FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
' of interest arises;if you vote,however,the conflict must be disclosed pursuant to the requirements described above.
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NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED$5,000.
CE FORM 4-REV.12-79