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HomeMy WebLinkAbout09-27-1988 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD SEPTEMBER 27t 1988 ROLL CALL PRESENT: Chairman Frank Carlsson, Vice Chairman John Linebarier, Members Gary Carroll, Kathleen Shidel, James Skirvin and Robert Imes, Attorney Dwight Cool , Code Enforcement Officer James Coschignano and Deputy Clerk Susan Swilley . ABSENT: Member Douglas Rush (excused) . Chairman Carlsson called the meeting to order at 7 :30 P.M. . Vice Chairman Linebarier led everyone in prayer and then Chairman Carlsson led in the Pledge of Allegiance to the flag . REVIEW AND APPROVAL OF MINUTES Mr . Skirvin moved to waive the reading of the minutes of the August. 23, 1988 Code Enforcement Board meeting and to accept them as printed and distributed. Motion seconded by Mrs. Shidel and approved unanimously . VIOLATIONS HEARINGS Brookshire Development Co. , Inc. - Case #88-26 4110, Brookshire Development Company complied prior to the hearing and the case was dismissed by the City. Don Owen, Case #88-27 Code Enforcement Officer Coschignano stated that the City did not wish to present this case at this time. Vice Chairman Linebarier asked him who was currently handling negotiations with Mr. Owens. He further stated that the letters that the Board had in front of them from Mr . Owen' s attorney to various City officials were dated as far back as January, 1988. Code Enforcement Coschignano stated that communications were open between many City officials and Mr. Owens but that his contact was the Building Official . He further stated that the Building Official is the one who made the compliants against Mr. Owens and that he has had contact only with Building Official Nagel and none with Mr . Owens. Vice Chairman Linebarier stated that he would like to know what was going on and that he would be quite hesitant to hear this informationally incomplete case. Code Enforcement Off icier Coschignano stated that under advisement of Attorney Cool and the request of City Manager Ryan, the City would like to dismiss this case, rework and bring back at a later date. Attorney Cool stated that it would be proper to dismiss since the City would need to reissue the Notice of tow Code Violations and follow the same steps with a new case. 1 CEB 9/27/88 PAGE 2 Vice Chairman Linebarier moved to administratively dismiss Case #88-27 as requested by the City to have the case reworked but that if the case came back before the Board with these or any other violations, he asked that all City staff concerned with the case be present to represent the City. Motion seconded by Mr. Carroll . In the discussion that ensued, Vice Chairman Linebarier stated that this is a big problem with the City; lack of documentation, no backup and proper personnel not present . Chairman Carlsson stated that he felt the City would not have had much of a case if the case had been presented. Vote on the motion was unanimous. Shawn D. Gabbard &lor Donna M . Gabbard. Case #88-28 As a matter of record, there was no one present to respresent Mr . or Mrs. Gabbard. Code Enforcement Officer Coschignano was sworn in by Deputy Clerk Swilley . He stated that on August 08, 1988 he received a compliant, issued a Notice of Code Violations on August. 17, 1988 and a Statement of Violations with a Notice of Hearing on September 06, 1988. He further stated that on September 12, 1988, Proof of Service was received . Code Enforcement Officer Coschignano stated that there was still noncompliance as of 5:00 p.m. September 27, 1988. He then passed photographs to the Board members. He further stated that as pictured, the grass is beyond the 10" level as required by Code . Mr. Carroll moved to find the respondent in violation and to give seven (7) working days (until October 04, 1988) to come in compliance with a fine of 050.00 per day for each day of noncompliance thereafter . Motion seconded by Mrs. Shidel and approved unanimously . Chairman Carlsson signed the Compliance Order . OTHER BUSINESS Correspondence from Attorney Cool , re: Proposed CEB Ordinance Attorney Cool stated that he had written a letter to City Attorney Rosenthal August 24, 1988 and received his reply September 07, 1988. Attorney Rosenthal 's letter stated that his firm received the proposed Code Enforcement Board Ordinance in June and have been busy but that they would now put this item at the top of their list. Correspondence from Attorney Cool , re: Federal Agencies Attorney Cool stated that the Board should all have found in their packets his memorandum on this subject and that he would be happy to answer any questions. Vice Chairman Linebarier stated that it seemed clearcut to him that as landowners, H.U.U. is responsible. 2 CEB 9/27/88 PAGE 3 Ordinance #88-25, relating to sign regulations The Board members were provided copies of this Ordinance in their packets. Mrs. Shidel pointed out what she believed to be a typographical error on page 8, paragraph 9, sentance that begins, "The top of the sign " and continuing until the end of that paragraph . She asked Deputy Clerk Swilley to check into this as the exact same verbage appears on the bottom of page 9 and seems more appropriate there. A brief discussion ensued in reference to signs and the new sign Ordinance. Update on Case #88-23, Denver R. Harper &/or Emmett Harper Code Enforcement Officer Coschignano stated that per the Board' s order, he reinspected the Harper property on August 24, 1988 and found that he was indeed in Compliance. He then asked the Board for a dismissal . Vice Chairman Linebarier stated that he has driven past this property and observed some equipment parked next to the building . He further stated that he would like to see the fence erected that Mr . Harper agreed to at the last meeting . Attorney Cool suggested that Code Enforcement Officer Coschignano contact Mr . Harper and remind him that he promised to erect the fence. Chairman Carlsson stated that if Code Enforcement Coschignano felt that Mr. Harper was in Compliance, he would need to file the proper paperwork. Update on Case #88-25, Dept. of Housing & Urban Development Code Enforcement Officer Coschignano stated that this case was given seven (7) days after receipt of Compliance Order to correct their violations. Since the Compliance Order was signed for by the respondent on September 07, 1988 this would set the date of September 14 . 1988. Code Enforcement Officer Coschignano stated that he inspected the property everyday from September 15, 1988 until his inspection on September 23, 1988 when he observed Compliance. He also stated that this consisted of eight. (8) days of Violation at the fine of $250.00 per day. He further stated that Don Asher is the broker for H.U .D. and that his agent wanted to know what the City was going to do. Mr . Carroll stated that the Board has set the fine and now it is up to the City &/or the elected officials whether or not to collect. Vice Chairman Linebarier stated that H.U .D. was notified well in advance as was Don Asher and that they did not take care of the problem when they should have, therefore, he is in favor of the penalty . Mr. Carroll moved to assess the penalty of $250.00 per day for the eight (8) days of noncompliance. Motion seconded by Vice Chairman Linebarier and carried unanimously . 3 CEB 9/27/88 PAGE 4 (1100 The Order Assessing Penalties was signed by Chairman Carlsson and Attorney Cool directed Deputy Clerk Swilley to mail this form to the respondent . COMMENTS A. Code Enforcement Officer - he stated that he will be out of town for next month' s meeting due to a Fire Prevention Conference he would be attending. Deputy Clerk Swilley stated that she also would be out of town due to her annual vacation. Vice Chairman Linebarier moved to cancel the October meeting unless an unforseen situation arose that needed the Board's attention. Mr. Carroll seconded the motion and approved unanimously . B. Police Department - no one present (Sgt. Gailit has school ) . C. Board Attorney - none. D. Citizens - none present . E. Board Members - Vice Chairman Linebarier asked the status of the Curtis Hodges/Reverend Pylant case and the collection of the fine. Code Enforcement Officer Coschignano stated thathe has asked and did not get an answer but would ask again. He further stated that Reverend Pylant has built a house on that property . Attorney Cool recommended to let the City come before the Board since the forms were set up that way and since nothing can happen if the City does not want to pursue the fine. Chairman Carlsson welcomed the new member , Mr . Imes. ADJOURNMENT Mr . Carroll moved to adjourn. Motion seconded by Mr . Skirvin and approved unanimously . Meeting adjourned at 8:28 p.m. rank Carls.sor,, Chairman ATTEST: Deputy Clerk Swill 4