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HomeMy WebLinkAbout09-26-1989 Minutes C MINUTES OF. THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD SEPTEMBER 26 , 1989 ROLL CALL: PRESENT: Chairman John Linebarier , Members Gary Carroll , Frank Carlsson and Pitt Varnes , Attorney Ike Cool , Code Enforcement Officer Steve Ross , Police Lieutenant William Walker, Clerk Teresa Braddy and Deputy Clerk Susan Swilley. ABSENT: Vice Chairman Robert Imes and Members Ray Wood and James Skirvin (all excused) . Chairman Linebarier called the meeting to order at 7 : 32 p.m. and led everyone in the Pledge of Allegiance to the flag. Mr. Carroll led in prayer. Chairman Linebarier stated for the record that there was a quorum present . REVIEW OF APPROVAL OF MINUTES Mr. Carroll moved to waive the reading of the August 22 , 1989 Code Enforcement Board meeting minutes and to accept them as printed. Motion seconded by Mr . Varnes and approved unanimously. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARINGS Case 89-14 , New Life Fellowship of Orlando, Inc . Code Enforcement Officer Ross was sworn in by Deputy Clerk Swilley. He proceeded to testify that he received a complaint about the property at the dead end of Starr Road in May of 1989 . He stated that a notice of code violation was issued to Christian Life Assembly, Inc . . He stated that Reverend James W. Gowan, Pastor responded with a letter asking for an extension which was granted. He further stated that at the end of the extension period the property was not brought into compliance and upon checking the records at Orange County it was found that the current owner is New Life Fellowship of Orlando, Inc . who was then issued a notice of code violations on August 10 , 1989 . Code Enforcement Officer Ross stated that upon reinspection on August 21 , 1989 he found noncompliance and issued a statement of violations with a notice of hearing. He then passed photographs to each board member. Chairman Linebarier verified proof of service and stated that no one was present to represent the respondent . Mr. Carlsson asked if this property is the same property the City is foreclosing on. Chairman Linebarier answered that this is the property the City has a lien recorded on but that foreclosure is being postponed. He further asked that the Board not consider that case when hearing this case . Mr . Varnes asked if the City could go in and clean the property and record a further lien for the work. Chairman Linebarier explained that a compliance order CEB 9/27/89 PAGE 2 was the correct action to take . Mr. Carlsson moved to find the respondent in violation as cited and to give seven (7) days after receipt of the Compliance Order to bring the property into Compliance with a fine of $100 . 00 per day for each day of noncompliance thereafter. Motion seconded by Mr . Varnes and approved unanimously. Case 89-15 , Amoco Oil Co. Code Enforcement Officer Ross stated that this case goes back for a while and that many complaints have been received. He stated that he has had verbal contact and a letter from Amoco and met with them on June 22 , 1989 to look at the building. He stated that after that date and a phone call the problem was not corrected so he followed up with a notice of code violation on August 10 , 1989 . He stated that he reinspected on August 23 , 1989 and found noncompliance , issued a statement of violations with a hearing notice and received proof of service showing the respondent received the notices on August 30 , 1989 . Code Enforcement Officer Ross stated that Amoco has proposed putting another type panel on the roof which does not cause a glare. He stated that he has received a sample from them along with a letter stating that this type roof has an acceptable life and a cost of about $15 , 000 . 00 . Mr. Carlsson stated that the Board did not need to see the sample , that they were not engineers . Mr. Varnes asked what the composition of the current roof was . Code Enforcement Officer Ross stated that it is a metal veneer to the best of his knowledge . Mr . Carroll agreed that the Board did not need to see the material , that ordering the respondent to come into compliance was the Board function and how that was accomplished would be up to the City and Amoco. Mr. Carroll then moved to find the respondent in violation as cited and to give them until November 01 , 1989 to come into compliance with a fine of $250 . 00 per day for each day of noncompliance thereafter. Motion seconded by Mr. Carlsson and approved unanimously. The Board asked that the respondent be notified that the Board' s action in no way approved the roofing solution presented and that the issue would have to be decided by the City. 89-16 , Boren Development Corp. Mr. Loren Howard was present to respresent Boren Development Corp. and was sworn in by Deputy Clerk Swilley. Code Enforcement Officer Ross stated that he was directed to pursue this case by City Manager Shapiro. He stated that he inspected and issued a notice of code violations on August 10 , 1989 . He further stated that he reinspected on August 23 , 1989 , found noncompliance and had a statement of violations with a notice of hearing issued to the respondent. C CEB 9/26/89 PAGE 3 He then passed photographs to the Board for their inspection. Mr. Howard stated that the water lines on his property were installed in 1986 and approved by the City. He stated that permits were not required then. He stated that there are no sewer lines on the property. Mr . Howard stated that he has mowed the property since the notices were sent to him. He stated that the issue of him allowing the property to be used as a dumping ground did not make sense to him since the City of Ocoee billed him $130 . 00 per month for signs/barricades/lights/etc . to block the entrances and post the property no trespassing/no dumping. He further stated that he has removed dumping material from his grounds in the past but that he cannot patrol the property at all times . Mr . Howard stated that he has dealt with many City Officials over the years in reference to this property including Dennis Finch, Tony Ochuzzio, Ray Brenner, PEC and John Cockrell . Mr. Howard stated that he can obtain minutes from many of the meetings that took place between himself and some of the City Officials if needed. He stated that he knows some of the paving needs to be repaired and that the retention pond needs to be fenced and that after he accomplishes these things he will be ready for final platting. He further stated that he is working with the bank but having some financial problems which is holding up the project. He stated that when he was working on the project a right-of-way utilization permit was the only one required and he received it from Orange County. He stated that the land clearing was done in 1986 . Chairman Linebarier asked if Mr. Howard had obtained a land clearing permit. Mr . Howard answered no, that it was not required by the City then. He further stated that he has backup documentation to support his claim. Chairman Linebarier asked when the water lines were installed. Mr. Howard answered, in 1986 and that it was approved by the City who went along with it every step of the way. Chairman Linebarier asked if the City was notified 48 hours prior to the paving of the project as requested in one of the letters which was presented to the board by Mr. Howard. Mr. Howard answered, no and stated that Orange County had approved the paving and that testing was done . Chairman Linebarier asked who Mr. Howard was dealing with now at the City. Mr. Howard answered, no one. Chairman Linebarier asked Mr . Howard if he contacted the City in any way when notified of his code violations . Mr. Howard answered, no, that he simply appeared at the hearing as requested. Chairman Linebarier asked Code Enforcement Officer Ross if he researched the Codes to find out what would have been required of Mr . Howard at the time his project was started. Code Enforcement Officer Ross answered no, that he did speak with Building Official Flippen but that he was unsure what was required at that time. Mr. Carlsson moved to table any finding of violation of Ordinance 848 relating to failure to obtain City permits on land CEB 9/26/89 PAGE 4 clearing, water lines , sewer lines and road paving until the next meeting so that the City could come back and tell the Board if permits were required. Motion seconded by Mr. Carroll. In the discussion that ensued, the Board asked that the planning department as well as the building department be present at next month' s meeting with accurate information about City requirements of permitting in March, 1986 . Motion passed unanimously. At this time Lt. Walker was sworn in by Deputy Clerk Swilley. Lt. Walker stated that he has seen the barricades blocking the entrance to the property as described by Mr . Howard. Mr . Varnes then moved to find the respondent in violation of sections 11-22 and 11-23 of the City Code and to give them until October 15, 1989 to come into compliance with a fine of $100 . 00 per day for each day of noncompliance thereafter. Motion seconded by Mr . Carroll and approved unanimously. Case 89-18 , Richard A. Murphy &/or Penny M. Murphy Cor Code Enforcement Officer Ross stated that the City has been unable to serve the Notice of Hearing and asked for a continuance to the October meeting. Continuance granted. Case 89-22 , Lake Burns Groves , Inc. Code Enforcement Officer Ross stated that he received a complaint on August 22 , 1989 , inspected and on August 25, 1989 issued a notice of code violations . He stated that he reinspected on September 05 , 1989 and finding noncompliance , had a statement of violations and a notice of hearing issued. He further stated that proof of service was recieved by the City showing that the respondent received the notice on September 07 , 1989 . He then passed photographs to the Board for inspection. Code Enforcement Officer Ross further stated that the property was mowed on September 25, 1989 but that he is presenting the case to the Board anyway since the respondent is a repeat violator. As a matter of record, no one was present to represent the respondent. Mr. Varnes moved to find the respondent in violation for the 20 day period from September 05 through September 25, 1989 , to waive the penalty and to notify the respondent of the late compliance . Motion seconded by Mr. Carroll and approved unanimously. Chairman Linebarier stated that Code Enforcement Officer Ross needed to send the respondent a notice stating that a repeat of the same code violation will result in an immediate notice of hearing and that other notices would not be necessary. Attorney Cool suggested having a standard form to use in this situation in the future. Deputy Clerk Swilley stated that staff would draw up such a form and forward to him for approval . CEB 9/26/89 PAGE 5 Case 89-23 , Odell Thomas &/or Earlene Thomas The respondents complied and the case was dismissed by the City prior to the hearing. A notice of dismissal was provided for each Board member. Case 89-24 , Betty Pedrick The respondent complied and the case was dismissed by the City prior to the hearing. A notice of dismissal was provided for each Board member. OTHER BUSINESS A. Memo from Attorney Cool Attorney Cool stated that he has provided a copy of the legislation changes along with his memorandum and the '` proposed Ordinance to amend the City Code . Mr. Carlsson �r moved to recommend the Ordinance to the City Commission for adoption. Motion seconded by Mr. Varnes and approved unanimously. B. Ordinance 89-23 This Ordinance was provided for each member for future reference . C. Notice of Dismissal , 89-9 - Discount Deals , Inc . Provided for reference only. D. Notice of Dismissal , 89-11 - United Motor Co. Provided for reference only. E. Notice of Dismissal , 89-12 - Thomas W. Barnhill , Jr. &/or Jean C . Barnhill Provided for reference only. F. Notice of Dismissal , 89-13 - Reinforced Plastics Provided for reference only. COMMENTS A. City Manager - not present . B. Code Enforcement Officer - he stated that the police department has been helping out with issuing notice to remove citations on junk vehicles and that they are having a high 416, CEB 9/26/89 PAGE 6 compliance rate of about 90% so that notice of code violations don' t have to be issued. C. Police Department - Lt. Walked mentioned that the police department has cleaned up the lot on Silver Star and Taylor. D. Board Attorney - none. E. Citizens - none . F. Board Members - Mr. Carlsson praised Code Enforcement Officer Ross for a job well done and the general Board consensus was the same. Chairman Linebarier asked Code Enforcement Officer Ross if he had checked the commercial vehicle limits in residential areas as requested. Code Enforcement Officer stated that he had checked and that the Code reads that not more than one (1) commercial vehicle which does not exceed 1 and 1/2 tons ( 3 , 000 lbs . ) were permitted plus no commercial vehicles are allowed which are used for hauling explosives , gasoline or petroleum products . Chairman Linebarier stated that there is a problem in his neighborhood with commercial vehicles being used as family vehicles and he asked Lt . Walker to have the police department check out. Chairman Linebarier thanked Deputy Clerk Swilley for her contributions for the last four (4) years and then welcomed Teresa Braddy as the new clerk. ADJOURNMENT Mr. Carlsson moved to adjourn, seconded by Mr . Carroll and approved unanimously. Meeting adjourned at 9 : 11 p.m. . idAt41441' 21VAASitgAAA",.* . J n Linebarier, Chairman ATTEST: '_L ALL _ Susan Swilley, Deputy erk