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HomeMy WebLinkAbout03-22-1988 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD MARCH 22L 1988 I . ROLL CALL PRESENT: Chairman John Linebarier, Vice Chairman Joe Marbais, Members Gary Carroll , Frank Carlsson, Kathleen Shidel, Douglas Rush and James Skirvin, Attorney Ike Cool, Code Enforcement Officer James Coschignano, Sergeant William Gailit and Deputy Clerk Susan Swilley. ABSENT: None Chairman Linebarier called the meeting to order at 7:27 P.M. and led everyone in the Pledge of Allegiance to the flag. Mr. Carroll led everyone in prayer. II . REVIEW AND APPROVAL OF MINUTES Mr. Carlsson moved to accept the minutes as printed and distributed. Motion seconded by Mrs. Shidel and approved unanimously. III . VIOLATIONS HEARINGS Mary Louise French, Case #88-3 Code Enforcement Officer Coschignano and Ms. French were sworn in by Deputy Clerk Swilley. Code Enforcement Officer Coschignano stated that he was new and temporary in this position. He further stated that Ms. French is in violation of Ord. #964, Chapter III, Section 10.4 (9) and that a Notice of Code Violation was issued on January 15, 1988 by Building Official Nagel . Code Enforcement Officer Coschignano stated that upon his inspection on February 02, 1988 he found the property still in violation and that he then, according to procedure, issued the Statement of Violation simultaneously with a Notice of Hearing. He further stated that upon his inspection at 5:00 p.m. on this date, the property is still in violation. Code Enforcement Officer Coschignano then passed photographs to the Board members that he took on March 21, 1988. He stated the property looks exactly the same now. Ms. French introduced herself to the Board as the owner of Louise's Sunrise Restaurant located at 40 Taylor St. , Ocoee, Florida. She stated that the sign originally sat in the front of her property but that Building Official Nagel told her if she moved it off to the side, she would be in compliance. Ms. French stated that she moved the trailer sign off to the side of the property and that it still sits there now. She further stated that she has lost business because of the missing sign. Mr. Carlsson stated that she is still in violation of the sign Ordinance and the she must remove the letters from the sign or store the sign off of the premises to come into compliance. Ms. French then complained 1 CE8 3/22/88 PAGE 2 that she had not been notified of the new ordinance restricting trailer signs. Chairman Linebarier stated that it was advertised in the newspaper. Ms. French stated that some people do not have time to read the paper. She further stated that the sign sitting on the side of her property is for storage only and not advertising. Chairman Linebarier asked if the sign is visible from the street. Code Enforcement Officer Coschignano answered yea. Mr. Skirvin asked Ms. French if she would consider removing the letters and Ms. French answered yes. Mr. Carlsson moved to find the respondent is violation of Ordinance #964, Chapter III, Sec. 10.4 (9) and to give her until March 29, 1988 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, Mrs. Shidel stated that she felt that even with removal of the letters, the aesthetic value of the neighborhood is diminished and that she would like to see the trailer sign removed. Chairman Linebarier stated that he agreed and that he believed that the intent of the Ordinance is to prohibit trailer signs altogether. Mr. Carroll asked Attorney Cool if the trailer sign would still be considered a sign if the letters were removed. Attorney Cool answered that his interpretation of the Ordinance is that the trailer sign is not considered a sign without words or letters since it does not advertise in that state. Ms. French stated that her sign was not the only one in the City. At this time Mr. Gene Tucker of 96 Sanddollar Key Dr. introduced himself to the Board and stated that indeed other people did have trailer signs in the City. He further stated that Building Official Nagel was always out to lunch, on break or has the afternoon off when he has tried to call him to discuss the problem. Chairman Linebarier directed Mr. Tucker to Code Enforcement Officer Coshignano for any further problems. Ms. Genie Young then introduced herself to the Board and stated that she is the daughter and employee of Ms. French. She stated that she has spoken to Mr. Nagel and that he told her to just move the sign to the side of the property, pulled away from the roadway. Ms. Young stated that had she known that this action did not satisfy the code, she and her mother would have proceeded in another manner. Chairman Linebarier stated that the Code prohibits trailer signs in each and every zoning district within the City limits. Ms. Young stated that Building Official Nagel needed to be educated about the Codes better. Vote on motion carried unanimously. As a matter of record, Ms. French signed and was given a copy of the Compliance Order. Danny J. & Patti A. Helms, Case #88-5 As a matter of record, there was no one present to represent Mr. or Mrs. Helms. Code Enforcement Officer Coschignano 2 CEB 3/22/88 410 PAGE 3 stated that the case started with a Notice to Remove issued by the Police Department on January 11, 1988 for a junk vehicle. He further stated that a Notice of Code Violation was filed on February 04, 1988 with a Statement of Violation and Notice of Hearing following on February 16, 1988. Code Enforcement Officer Coschignano stated that he reinspected the property located at 498 Kindling Court at 5:00 p.m. today that the the vehicle still sits as depicted in the photographs that he passed around to the Board members. He further stated that weeds have grown around the tires and that in the past six (6) weeks there has not been an effort by the respondent to obtain a tag or to otherwise bring the vehicle into compliance. Mr. Carlsson asked if the vehicle could be towed since it sits on the City Right-of-way. Sergeant Gailit answered that vehicles in this situation have been towed in the past but that the police department is hesitant to use this power and that he would research and report back. Chairman Linebarier then brought some information to the other member's attention. He stated that on November 30, 1987, Case #84-40, Patti Helms was cited for a junk vehicle. He further stated that the Board ordered compliance with a $25.00 per day fine if she did not comply. Chairman Linebarier stated that she complied before the fine started accruing. He stated that the Board next heard of Ms. Helms in reference to Case #85-27 which started with a complaint dated October of 1985 with compliance by the respondent in December of 1985. Chairman Linebarier stated that in both cases, Ms. Helms took two (2) months to comply. He further stated that the Board now finds the same individual living in another house in noncompliance of the same violation for the third time. Chairman Linebarier stated that Ms. Helms has never had representation at any of the hearings and appears to play the game just as long as she can. He further stated that it was obvious that she was aware of this type of City Code. Mr. Carlsson stated that the original Notice to Remove was for two (2) vehicles but that the Notice of Code Violation issued was for only one (1) vehicle. Code Enforcement Officer Coschignano stated that the facts stated by Mr. Carlsson were correct and that only one (1) junk vehicle remained at this time, a white pickup truck on the east side of the house parked between the street and % the sidewalk. Vice Chairman Marbais asked why the vehicle could not be moved by the Police Department. Sergeant Gailit answered that as stated earlier, the police department does sometimes tow vehicles, especially if they are in main arteries but in residential neighborhoods they are hesitant to use this power. He further stated that he can pursue the matter if the Board so wishes. Sergeant Gailit stated that the police department has had dealings with this woman before and that he is familiar with her game playing and skirting. Chairman Linebarier asked Attorney 3 CE8 3/22/88 PAGE 4 Cool if the Board could order Ms. Helms to move the vehicle within 72 hours after notification with notice that if she did not comply that the City will tow the vehicle and charge the coat for towing to her. Attorney Cool stated that the Code Enforcement Board does not have that kind of power. Sergeant Gailit then stated that he would have the car yellow tagged March 23, 1988 if the Board wished. Attorney Cool stated the the Board's powers are specific and pertain to fines to individuals and nothing beyond. Mr. Carroll moved to find the respondent in violation with three (3) days after receipt of service to comply with a fine of 525.00 per day for each day of noncompliance thereafter. Motion seconded by Mr. Carlsson. In the discussion that ensued, the Chairman stated that he wanted to order the Police Department to tag the vehicle. Attorney Cool stated that the Board has no authority to order City staff. Chairman Linebarier stated that he is in favor of a stiffer penalty. At this time, Mr. Carlsson amended the motion by adding the request that the police department check into having the vehicle tagged with an order to remove and have towed if not complied within the prescribed 72 hour time limit. Mr. Carlsson asked that the Compliance Order and tagging of the vehicle be simultaneous. Amendment to Motion seconded by Vice Chairman Marbais. Mrs. Shidel stated that the City Code stated that the City Commission has the authority to remove and destroy a vehicle on the City right-of-way. She asked if the Board could petition the Commission to act on this case. Chairman Linebarier stated that if the matter could not be resolved by the City staff or the Code Enforcement Board, then the Commission would step in. The vote on the motion as amended was approved with all members voting AYE except Mrs. Shidel who voted NAY. The vote on the original motion passed with all members voting AYE except Chairman Lineabarier and Mrs. Shidel who voted NAY. Both motions carried. Chairman Linebarier asked that the records reflect that this is the third violation for Patti Helms. Nathan Dykgraaf, Case 88-7 Mr. Dykgraaf complied and the case was dismissed by the City prior to the hearing. Grover H. Voss, Case 88-8 Mr. Voss complied and the case was dismissed by the City prior to the hearing. Daniel W. & Lori F. Christiansen, Case 88-9 Mr. & Mrs. Christiansen complied and the case was dismissed by the City prior to the hearing. 4 CEB 3/22/88 PAGE 5 IV. OTHER BUSINESS A. Notice of Dismissal, Ronald E. Sims-Case 87-45 Mr. Sims complied and the case was dismissed by the City. B. Notice of Dismissal, Earnest G. Glisson, Case 88-1 Mr. Glisson complied and the case was dismissed by the City. V. COMMENTS A. Code Enforcement Officer-Mr. Coschignano asked the Board what date they consider his reinspectiona to be on, especially when dealing with a fine/penalty situation. Chairman Linebarier stated that if the Board gives a respondent until a certain date to comply; technically, he has until midnight of that day before he is in violation of the Compliance Order. He suggested that the inspections be done the following morning. B. Police Department - None C. Board Attorney - None D. Citizens - None E. Board Members - Chairman Linebarier specifically requested that whomever signs the Notices sent to respondents be present at the Hearings. He stated that once again he had a respondent claiming that Building Official Nagel told them something and since they were under oath and Mr. Nagel was not present, the Board could only believe the respondent. Chairman Linebarier stated that if Building Official Nagel could not be present at the hearings, he would prefer he not be involved in Code Enforcement. Mr. Carlsson stated that he felt the presentation to the Board by Mr. Coschignano was excellent. He also praised the police department for clearing up many problems before they ever got to the Board. Mr. Carlsson then stated that he is upset by selective enforcement. A discussion then ensued in reference to basketball hoops on poles on City right-of-ways. Code Enforcement Officer Coshignano stated that he has cited many homeowners all over the Forest Oaks subdivision for basketball hoops on poles in City right-of-ways. He further stated that he did not try to deal with the ones in private drives or on private property. He also stated that he responded only to complaints about Code Violations. Chairman Linebarier stated that he felt that this was a poor way to deal with Code Enforcement. He further stated that why any City official would not cite violations of City Codes without a compliant is beyond his comprehension. Mr. Carlsson stated that he agreed. Chairman Linebarier stated that in the original Curtis Hodges/Reverend Pylant Church case hearing the Board made several tactical errors. He further stated 5 CE8 3/22/88 (6100 PAGE 6 he would like to see the Attorney stopping/informing the Board prior to their actions. Attorney Cool stated that he understood but in that case, the City staff researched in the wrong direction but that in the future he would direct the Board if he saw a problem. Chairman Linebarier asked that the City coordinate with the County and see if they could clear up the rubbish/burned trash on the corner of Silver Star Road and Ocoee Hills Road. He stated that the house burned down more than two (2) months ago and he would like to see the rubbish/junk and tall grass cleared up. Chairman Linebarier thought that this might be a possible haven for rats and mosquitoes. Code Enforcement Officer Coschignano stated that he would find out whether the property was City or County and try to take care of it. He further stated that he believed it was in the City as the City Fire Department burned the house and at one time the Building Department had a condemnation notice on the house that used to stand on the property. VI . ADJOURNMENT Mr. Carroll moved to adjourn . Motion seconded by Mr. Carlsson and approved unanimously. Meeting adjourned at 8:53 p.m. Oaitfr( 'k ( ,1°L4-'.Ce../C.- John H. Linebarier, Chairman ATTEST: c AL1 . IL Deputy Clerk Swill P Y 416, 6