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HomeMy WebLinkAbout11-22-1988 Minutes MINUTES OF THE CITY OF OCOEE CQOE ENFQRCEMENT BOARD MEETING HELD NOVENBER 22A 1288 ROLL CALL PRESENT: Chairman Frank Carlsson, Vice Chairman John Linebarier, Members Robert Imes, Kathleen Shidei and Douglas Rush, Attorney Dwight Cool, Code Enforcement Officer Coschignano and Deputy Clerk Swilley. ABSENT_ Members Gary Carroll and James Skirvin (both 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. ANP REMYAL QE MINMTE2 Mrs. Shidel moved to waive the reading of the minutes of the September 27, 1988 Code Enforcement Board meeting and to accept them as printed and distributed. Motion seconded by Mr. Imes and approved unanimously. VIQL6TIQNB MUM There were no cases for the Board to hear this month. ,: OTHER BUSINESS Ordinance #88-33, relating to sign regulations Deputy Clerk Swilley explained that the enclosure in the packets was an amendment to Ordinance *88-25 simply to correct some clerical errors. Case 88-28, Shawn D. Gabbard &/or Donna M. Gabbard - staff request to amend Compliance Order. Code Enforcement Officer Coschignano stated that at the last Code Enforcement Board meeting, the Board had issued a Compliance Order in this case giving the respondent seven working days (until October 04, 1988) to come into compliance. He further stated that staff had been unable to deliver the Compliance Order prior to the expiration date. Code Enforcement Officer Coschignano then requested that the Board reissue the Compliance Order with the Order stating, ••X number of days after receipt of Compliance Order••. He stated that this would make it easier for staff to deliver the Order before it expired. Vice Chairman Linebarier asked if the property was still in violation. Code Enforcement Officer Coschignano answered yes and stated that parts of the front were being mowed but that the rear yard is unmowed and the house is vacant. Vice Chairman Linebariermoved to reaffirm 1 CES 11/22/88 PAGE 2 410, the Board's previous find of the property being in violation and then serve the legal property owner with a Compliance Order giving the respondent seven (7) days after notice of service to bring the property into compliance with a fine of $50.00 per day for each day of noncompliance thereafter. Motion seconded by Mr . Rush and approved unanimously. Mr. Rush requested that the order be sent to both addresses on record. Case 88-25, Dept. of Housing & Urban Development - staff update Code Enforcement Officer Coschignano stated that the Board had a letter from Don Asher requesting that the fine be waived. Item 2 of the letter states that upon their inspection, they found the Mortgage Co. mowing the property so Don Asher disregarded the order to bring the property into compliance since they assumed Chase Mortgage Co. would finish the job. Vice Chairman Linebarier stated that there were 10 days from Don Asher's receipt of the Compliance Order until they mowed the property and he felt that was too long. Code Enforcement Officer Coachignano stated that he had been in constant contact with Don Asher. Chairman Carlsson stated that he felt a letter should be written stating that the fine still stands. Mrs. Shidel stated that she agreed and that this case could set a precedent and give Ocoee a reputation as a clean City. Vice Chairman Linebarier stated that the Department of Housing and Urban Development first received notice from the City in July and felt they had plenty of time to solve the problem prior to a fine accrual. Code Enforcement Officer Coschignano stated that he felt that the agencies were fighting among themselves as to who would pay the fine. Vice Chairman Linebarier moved to reaffirm the violation finding and the $250.00 penalty from September 15, 1988-September 23, 1988 on the subject property and to notify the Department of Housing and Urban Development that the fine still stands with a copy to Don Asher Realty as agent. Motion seconded by Mrs. Shidel . In the discussion that ensued, Chairman Carlsson asked Attorney Cool if the notification process should be the other way around. Attorney Cool answered no, that the motion was correct. Chairman Carlsson stated that he felt a lien should be filed. Vice Chairman Linebarier moved to amend his motion to read in addition that, the City Clerk file a $2,000.00 lien on November 24, 1988. Amended motion seconded by Mr. Imes. Attorney Cool stated that the proper• procedure would be to have the City Clerk record a copy of the notice assessing penalties. Vote on the amendment was unanimous. Vote on the original motion was unanimous. 2 CE8 11/22/88 PAGE 3 Discussion of meeting date for December Code Enforcement Officer Coschignano stated that he would be on vacation the 27th of December when the next meeting was normally scheduled. After discussion, the Board decided to have the next meeting on Monday, December 19, 1988 at 7:30 P.M. The Board also directed the Deputy Clerk to confirm a meeting place prior to sending out the Notices of Hearing for the December meeting. COMM€NTS Code Enforcement Officer Coschignano stated that he appreciated the Board changing the meeting date since he would be out of town and staff has several cases for December. Chairman Carlsson asked Code Enforcement Officer Coschignano what the disposition was on the Don Owen problem. He answered that since the City Manager has resigned and he has not been able to talk to the Acting City Manager or had any direction from the Building Official, he did not know. He also added that the Pylant issue needed discussion from the City Manager also but that Acting City Manager Finch is very busy and he has not been able to get in to see him. Chairman Carlsson stated that he did not want these things to fall through the cracks. Code Enforcement Officer ibr Coschignano stated that he would get with Building Official Nagel about Don Owen. Vice Chairman Linebarier stated that if Mr. Owen was still in violation, he would like to see him back before the Board. The Board as a group again stated that if these kinds of cases would be coming before them, they must be presented with proper documentation. Mr. Rush asked Attorney Cool if it would be proper to have the Board send Building Official Nagel a letter. Attorney Cool answered yes. Mr. Rush moved to have a letter from the Code Enforcement Board to Building Official Nagel requesting his intention/disposition on the Don Owen case with a copy to the City Manager. Motion seconded by Vice Chairman Linebarier. Mr. Rush moved to amend his motion to include that the letter request a reply in writing to the Code Enforcement Board from Building Official Nagel . Motion seconded by Vice Chairman Linebarier. The amendment passed unanimously. The original motion passed unanimously. Vice Chairman Linebarier voiced his concern about the Center Street property that he has asked Code Enforcement Officer Coschignano to look into. Code Enforcement Officer Coschignano stated that he has looked at the property but does not really see a violation. He further stated that there is a pool on the property which seems to be a toy or child's pool but that it looks empty and collapsed. Vice Chairman Linebarier stated that the pool has never been full and that there are three (3) adults at the address and no children. Code Enforcement Officer 3 CEB 11/23/88 PAGE 4 stated that he would look at the property again. Chairman Carlsson and Mr. Rush both stated that they felt the violation might be that the pool is a health hazard with stagnant water breeding mosquitoes. Mr. Imes suggested that Code Enforcement Officer Coachignano try talking to the property owner and that perhaps that would clear up the problem. Vice Chairman Linebarier stated that he felt the pool was full or adult size and that if it were, the Code dictates a 5 1/2' fence to be erected around said pool and that there is no fence in place. Code Enforcement Officer Coachignano stated that he would look into the problem again. Mr. Imes then asked Code Enforcement Officer Coachignano if he had ever talked to Mr. Harper in reference to the fence Mr. Harper had given his word to the Board to about erecting. Code Enforcement Officer Coachignano stated that he had not, that he had forgotten. Vice Chairman Linebarier stated that he had driven by the property earlier in the day and seen a semi on the City property loaded with sod. He further stated that he has seen pick up trucks using the City property as an access even though Mr. Harper promised the Board that he would not use the property in that manner. The Board suggested to Code Enforcement Officer Coachignano that he pursue a series of notices to Mr. Harper and bring him back before the Board if he was violating the Compliance Order. Mr. Imes stated that he has also witnessed these violations. Code Enforcement Officer Coachignano stated that he did not see what good a fence would do. Vice Chairman Linebarier explained that it would block the access from the County property to the City property and also prohibit use of the building which is also on City property. Code Enforcement Officer Coachignano stated that he would check the property periodically. Vice Chairman Linebarier stated that he could see a blatant violation and asked if the Board could write a letter to Mr. Harper requesting to know if he intends to honor his promise to the Board on August 23, 1988 to erect the fence to cease access from the City to the County property. Attorney Cool stated that Mr. Harper had volunteered to erect the fence and that the Board at the time had felt that this was a partial solution as the barrier would stop the activity on the City property . Chairman Carlsson stated Code Enforcement Officer Coachignano should keep a heavy eye on the property and talk to Mr. Harper when he sees a problem. Mr. Rush asked about the accelerated process afforded the City as proposed in the Ordinance submitted by Attorney Cool. Attorney Cool stated that the Board did not have those powers yet since the Ordinance has not passed and is still in the City Attorney's hands. He further stated that the Board could have a letter written to the City Manager from the Code Enforcement Board, signed by Chairman Carlsson requesting action on the issue. Attorney 4 CEB 11/22/88 PAGE 5 Cool suggested copying to the City Commission and City Attorneys. The Board then directed Deputy Clerk Swilley to send the letter after first determining that the Ordinance has indeed not passed yet. A discussion then ensued in reference Code Enforcement being handled part time (2 days a week) Mrs. Shidel asked if Building Inspector Hager could help. Code Enforcement Officer Coschignano stated that he could not address that issue. Chairman Carlsson stated that he felt that the 10 hours a week that Code Enforcement Officer Coschignano was directing toward Code Enforcement was inadequate. He then requested additional manpower or personnel from the City. Chairman Carlsson then requested Deputy Clerk Swilley set up an appointment with Acting City Manager Finch and the Chairman and Vice Chairman of Code Enforcement Board to discuss these issues. Mrs. Shidel then extended her wishes to her fellow Board members for a Happy Thanksgiving. Mr. Imes wished everyone Happy Holidays as did Chairman Carlsson. AQJOURNMENT Vice Chairman Linebarier moved to adjourn, seconded by Mr. Rush and approved unanimously. Meeting adjourned at 8:50 P.M. / _ . .. J ____ __ lir, • ATTEST: F Carlsson, Chairman Susan Swilley, Deputy C 4411L 5