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HomeMy WebLinkAbout05-24-1988 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD MAY 24L 1988 I . ROLL CALL PRESENT: Chairman John Linebarier, Members Gary Carroll , Frank Carlsson and James Skirvin, Attorney Ike Cool, Code Enforcement Officer James Coshignano and Deputy Clerk Susan Swilley. ABSENT: Vice Chairman Joe Marbais and Member Kathleen Shidel who were excused and Member Douglas Rush who was unexcused. Chairman Linebarier called the meeting to order at 7:30 P.M. and led everyone in the Pledge of Allegiance to the flag. Mr. Carroll then led everyone in prayer . II . REVIEW AND APPROVAL OF MINUTES Mr. Skirvin moved to approve the minutes of the March 22, 1988 Code Enforcement Board meeting as printed and distributed. Motion seconded by Mr. Carlsson and approved unanimously. III. VIOLATIONS HEARINGS Chris B. Bode &/or Sheri L. Bode, Case 88-14 Deputy Clerk Swilley swore in Code Enforcement Officer Coshignano as well as Chris and Sheri Bode. Code Enforcement Officer Coshignano stated that compliants at 410 Apricot Dr. lead to his inspection which found additions encroaching on setback requirements. He then passed photographs for the Board members to inspect. He further stated that Mr. Bode has construction in his front yard approximately 3/4 complete which encroached on the 25' setback requirement and that there were no permits issued by the building department. Code Enforcement Officer Coshignano stated that the complaint was received on April 19, 1988 and a Notice of Code Violation was issued on April 21, 1988. He further stated that the property looks the same today as it did when the initial complaint was received. At this time, Mr. Bode introduced himself to the Board and stated that he had his own photographs which he then presented to the Board. He further stated that he has been working on his house for 10 years as an enhancement to his neighborhood. Mr. Bode then gave the Board a drawing of what the home improvement project would look like when complete. He stated that when he began this project 7 years ago he went to the building department and that a man named Cecil told him there was no problem with his construction as long as he was improving the neighborhood. He further stated that he has letters from 9 of his neighbors who feel the project is an enhancement and have no 4110, objections. Mr. Bode stated that he was not aware of a 25' setback requirement. He further stated that his street used 1 CEB 5/24/88 PAGE 2 to be a dirt road and that he petitioned the City Council to pave it and that as it was approved, each Commissioner came by his house and had no objections to his porch construction. Mr. Bode stated that when the men were working on the road, he asked them to move his driveway, which they did without any permits. He stated that many of his neighbors have made improvements to their homes, some with and some without permits and that over the years when the building inspector came out for these permit inspections, there was never any objection to his construction. Mr. Bode stated that he has a considerable amount of money invested in this project. He further stated that Building Official Mr. Nagel called him a liar and told him that he has never pulled any permits for this project. Mr. Bode stated that he asked for his records to prove he had pulled permits for all of his work and was told by the City that all records prior to 1985 had been destroyed. Mr. Bode stated that he spoke to an attorney who informed him that he should have a right to complete his project due to the time elapsed and cited laches. He further stated that he would like to see the Board work with him on this due to the circumstances. Chairman Linebarier asked Attorney Cool for a definition of laches. Attorney Cool stated that laches was a legal term that pertained to negligence of one party in responding with objections to another party's wrongdoing. Chairman Linebarier asked Mr. Bode if he was aware that he needed a permit posted. Mr. Bode answered that he was now but was not aware when the project started. Chairman Linebarier asked Mr. Bode if he had any permit copies, cancelled checks or any other tangible proof of permit issued by the building department. Mr. Bode answered no, that he spoke to Cecil and was told to go ahead. Mr. Carroll stated that he would hate to see the structure torn down and suggested that Mr. Bode try asking for a Variance request from the Board of Adjustment. Mr. Bode stated that he entertained that idea but that Building Official Nagel told him the Board would turn him down. Chairman Linebarier stated that the Board did not have any alternative and would have to find Mr. Bode in violation since it is apparent that he was encroaching on the required setback. He further stated that Mr. Bode was also in violation for not having permits although the City had not cited him for this. Chairman Linebarier stated that the only alternative open to Mr . Bode was to go before the Board of Adjustment. Mr. Carroll moved to find Mr. Bode in violaion as cited and to give him until July 20, 1988 to come into compliance with the setback requirements or to reveive a Variance from the Board of Adjustment with a fine of $25.00 per day for each day of noncompliance thereafter. Motion seconded by Mr . Carlsson and approved unanimously. Chairman 410, Linebarier briefly explained the Board's function to Mr. Bode. As a matter of record, the respondent signed and was 2 CEB 5/24/88 PAGE 3 given a copy of the Compliance Order. Paulo S. Carvalho &/or Irma Carvalho, Case 88-15 Code Enforcement Officer Coschignano stated the the petitioner needed a continuance until the June 28, 1988 meeting due to the fact that the Notice of Hearing has not been served on the respondent. Continuance granted. IV. OTHER BUSINESS A. Notice of Dismisssal, Mary Louise French-Case 88-3 Ma. French complied and the case was dismissed by the City. B. Notice of Dismissal, Danny J. & Patti A. Helms-Case 88-5 Mr. & Mrs. Helms complied and the case was dismissed by the City. Chairman Linebarier stated that this was the third time these people have been before the Board and that with the new powers granted by Florida State Statute, the first notice period is not necessary. Attorney Cool stated that to his knowledge, the Ordinance he drew up to amend the City code to reflect these changes had not been passed by the City (1110 Commission. Chairman Linebarier asked Deputy Clerk Swilley to look into where the City Attorney was on review and approval of this Ordinance. C. Update of Case 87-43 (Curtis Hodges/Sterling Pylant) Code Enforcement Officer Coshignano stated that the building has burned and passed out a memorandum to the Board members stating that the fine should stop as of the date of the fire; April 29, 1988. He further stated that although there was some substructure standing, there was no part of the building salvageable. Chairman Linebarier asked if there had been any effort to clean up the rubble and Code Enforcement Officer answered that he was unsure since he has not visited the site in approximately 3 weeks. Chairman Linebarier asked if he planned to cite for debris, rubble, etc. Code Enforcement Officer Coshignano answered that he has spoken with the City Manager and thathe plans to cite later. Mr. Carlsson moved to stop the fines on Case 87-43 as of April 29, 1988 due to the fire at the structure and that the structure no longer exists. Motion seconded by Mr. Skirvin. In the discussion that ensued, the Chairman stated that the Board would need to pursue the matter again later if the City wished to collect the fine by issuing a foreclosure notice. Attorney Cool stated that the fine remains for five years and can't be foreclosed until at leastsix months passes. Mr. Carlsson stated that he would like to have another report at next 3 CEB 5/24/88 Cy PAGE 4 month's meeting on this case. The vote on the motion was unanimous. V. COMMENTS A. Code Enforcement Officer - He expressed some frustration over the "due process" afforded to code violators. B. Police Department - No representative present. C. Board Attorney - None. D. Citizens - None present. E. Board Members - Chairman Linebarier thanked Code Enforcement Officer Coshignano for his efforts on the Silver Star Rd/Harper property. Mr. Carlsson voiced his opposition to "selective enforcement" as he has in the past. He stated that he could not understand how a building inspector could ride up and down City streets and not cite people. Chairman Linebarier agreed that selective enforcement was a problem. Mr. Carlsson stated that his term expired next month and that he would like to be reappointed. He asked that the City Clerk be notified. Chairman Linebarier asked that Deputy Clerk Swilley contact each Board member before next month's meeting and advise that June in the annual election of Officers. VI . ADJOURNMENT Mr. Carroll moved to adorn. Motion seconded by Mr. Carlsson and approved una ' mously. Meeting adjourned at 8:36 P.M. IP_ . ___-112_ ...iikagdA:44-6)____ 40rohn H. Linebarier, Chairman ATTEST: 51-2/4P------,.. 2- .)_ 11(1..Cti Deputy Clerk Swilley tive 4