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HomeMy WebLinkAbout12-19-1988 Minutes 4111, MIMUIiM QE Mg QUI QE SQQI UEQMSIIU!!I MQAMQ Ai�TIL�Si MR MUM 1'L 1!!! M44ie SAIL MINIM Chairman Frank Carlsson, Vice Chairman John Linebarier, Members Douglas Rush and James Skirvin, Attorney Dwight I. Cool, Code Enforcement Officer James Coschignano and Deputy Clerk Susan Swilley. Am Members Gary Carroll, Robert Imes and Kathleen Shidel (all excused) . Chairman Carlsson called the meeting to order at 7:33 P.M. Vice chairman Linebarier led everyone in Prayer and then Chairman Carlsson led in the Pledge of Allegiance to the flag. BRIM Agit AMU/ QE NUMMI Vice Chairman Linebarier moved to waive the reading of the minutes of the November 22, 1988 Code Enforcement Board meeting and to accept them as printed and distributed. Motion seconded by Mr. Skirvin and approved unanimously. YIQ4ATIQli KARL eM Case 88-31, Marvin R. or Barbara A. Pitta The respondent complied and the case was dismissed by the City. Case 88-32, Discount Deals, Inc. Ron Stucki (owner of Discount Deals, Inc. ) and Kurt Ardaman (attorney for Mr. Stucki) were present. Mr. Stucki and Code Enforcement Officer Coschignano were sworn in by Deputy Clerk Swilley. Code Enforcement Officer Coschignano stated that on November 16, 1988 he received a complaint about the property at Silver Star and Taylor. He further stated that on November 18, 1988, he issued a notice of code violations and upon reinspection on December 07, 1988 a statement of violations with a notice of hearing was issued since there was still noncompliance. Code Enforcement Officer Coachignano also stated that vehicles are still being parked on the property and passed around a couple of photographs to the Board. He stated that the photographs were taken friday, December 16, 1988. He also stated that he observed three (3) vehicles there December 19, 1988. Code Enforcement Officer Coschignano then read from the City Code, Appendix A, Chapter III, Section 9.8. At this time, Mr. Ardaman was sworn in by Deputy Clerk Swilley. He then asked Mr. Coschignano if the definition of "off street parking" was as described in Appendix A, Chapter VI, Section 1, subsection 76. Mr. Coschignano answered yea and then read that section from the 1 CEB 12/19/88 PAGE 2 City Code. Mr. Ardaman then asked Mr. Coachignano if this definition was the one he used in the citation against Discount Deals. Mr. Coachignano answered; that is what I have. Mr. Ardaman asked Mr. Coachignano who he received the complaint from. Mr. Coachignano answered that he received a complaint from the City Manager, Ted Ryan and also from the Building Official, Harvey Nagel and from the Police department. Mr. Ardaman asked for the dates of these complaints. Mr. Coachignano stated that he had one memorandum dated November 22, 1988 to Building Official Nagel from Russ Hickson, Acting Police Chief. Mr. Ardaman asked Mr. Coachignano how many complaints he had. Mr. Coachignano stated that initially he had one (1) from the City Manager and one (1) from the Building Official. Mr. Ardaman asked if anyone else has complained about Discount Deals. Mr. Coachignano answered that none of the complaints were about Discount Deals or Mr. Stucki but rather about the property itself. Mr. Ardaman asked if November 16, 1988 was the first time a complaint was made against this property. Mr. Coachignano answered yea. Mr. Ardaman asked if there were other complaints on other property in reference to the same (100 Ordinance. Mr. Coachignano answered yea. Mr. Ardaman asked who the complaints were from. Mr. Coachignano answered; the same. Mr. Ardaman asked what the time frame was for these complaints. Mr. Coschignano answered; the same. Mr. Ardaman asked how many other complaints. Mr. Coachignano answered; three (3) . Mr. Ardaman asked if any of the others were on vacant lots. Mr. Coachignano answered; one (1) . Mr. Ardaman asked Mr. Coachignano if he was aware if there were any type of business or residence on the property cited. Mr. Coachignano answered that there was one structure in the area, that it might be an outparcel. Mr. Stucki interjected that the house was not on his property. Mr. Ardaman asked if there were vehicles being stored or parked on the property. Mr. Coachignano answered that vehicles were being parked but he was unsure of the storage issue. Mr. Ardaman asked if they were being stored for compensation to Discount Deals. Mr. Coachignano answered that he was not aware of any compensation. Mr. Ardaman asked Mr. Coschignano if he knew if any of the owners or operators of the vehicles had permission to park on the property. Mr. Coachignano answered that he was not aware of permission granted. Mr. Stucki stated that he had written a letter to Mr. Coschignano who then telephoned him and told him that the complaints he had were from staff and not from citizens. Mr. Coachignano stated that he was not sure where Mr. Ryan got the complaints from. Mr. Stucki stated that he is the sole owner of Discount Deals and that he has never given permission for anyone to use the property except Mayor Tom Ison for Little League. Mr. Stucki stated that he considers this situation unreasonable. He further stated that he has spent 2 Coo CEB 12/19/88 PAGE 3 several days looking around Ocoee and has 51 photographs of violations of the same nature that he would like to complain about. Chairman Carlsson stated that Mr. Stucki needed to go to City Hall and complain to the Code Enforcement Officer. Mr. Stucki then stated that even some City property was in violation, such as the property at 201 Kissimmee Ave. where there are many vehicles parked on unpaved areas. Attorney Cool stated that the violations Mr. Stucki referred to were not relevant to his case. Mr. Ardaman stated that he felt they were proper as defense. Attorney Cool stated that they were not proper for this hearing this evening. Mr. Ardaman voiced his protest. Mr. Stucki stated that his defenses are that the property has never pulled a building permit, he has never operated a business and he has never given permission for anyone to use the property in the manner cited. He further stated that he feels it should have been grandfathered in anyway. Mr. Stucki submitted to the Board as evidence a list of the 51 violations he observed on December 06, 1988 and December 16, 1988. He stated that these were massive violations of the Code and of the sane Ordinance he was charged under. Mr. Stucki further stated that some of the violations were at giant corporations such as Sysco and even on Highway 50 next to McDonalds. He also stated that Ocoee could not enforce this Code in his opinion since if all of these areas were paved it would only add to the City's already poor drainage. Mr. Stucki stated that Tom West and Certi-Fine have several hundred violations and that the Florida Auto Auction have several thousand. Chairman Carlsson asked Mr. Stucki why he has not posted the property with signs as allowed by State Statutes title 715.07. Mr. Stucki answered that he was exercising his right not to guard this property. Mr. Ardaman stated that his client was under no obligation by Statute to post his property. Chairman Carlsson stated that he understood that he was under no obligation but wondered why he did not voluntarily poet it. Mr. Stucki stated that the expense involved and the possible legalities of having vehicles towed were some of the reasons. He further stated that Mayor Ison indicated that he would carry liability insurance on the property so that the Little League could use the field. Upon questioning by Mr. Ardaman, Mr. Stucki stated that he was the sole owner of Discount Deals, Inc. , that he had accquired the property in question on February 27, 1981, that no one else has a business, industry or residence on his property and that he does not permit parking or storage of vehicles on the property. Mr. Ardaman then asked Mr. Coschignano approximately how many complaints of this nature he has received. Mr. Coschignano answered; unknown. Mr. Ardaman asked if there were any other complaints of this kind before or after the complaint on Mr. Stucki. Mr. Coschignano answered; yea - but he was unsure how many. He further 3 CEB 12/19/88 PAGE 4 stated that he has only been the Code Enforcement Officer since February, 1988. Mr. Stucki then stated that on December 16, 1988 he observed a truck parked on his property, Florida tag *EFF-10M. He further stated that he saw a car driving away and leaving the truck and that he stopped the gentleman and ask him why he was parking his truck there. Mr. Stucki stated that the gentleman told him that he was told by the Ocoee Police department to park on the property. Mr. Ardaman stated that he does not feel the Ordinance that his client is cited under applies to his situation. He further stated that he feels the intent of the Ordinance is otherwise. Mr. Ardaman stated that he felt it was unfair to force a property owner to guard his property. He further stated that he believed there was selective enforcement of the Codes since the only complaints were from City officials and no private citizens. Vice Chairman Linebarier asked Mr. Stucki if he agreed that as a property owner in Ocoee, that his property is subject to the Codes of the City of Ocoee. Mr. Stucki answered that he felt an answer was unnecessary, but that he would be subject to Codes that apply. Vice Chairman Linebarier asked Mr. Stucki if he paid taxes to Ocoee. Mr. Stucki answered that he paid taxes to Orange County and was sure that Ocoee got their share. Vice Chairman Linebarier asked Mr. Stucki if he agreed that the property is being used improperly. Mr. Stucki answered that technically, no, that the Code refers to occupied property, not vacant. Vice Chairman Linebarier stated that the definition of off street parking does not specify occupied property. Mr. Ardaman stated that the testimony has shown that his client had no knowledge of the violations. Vice Chairman Linebarier stated that Mr. Stucki was advised by the Code Enforcement Officer. Mr. Stucki stated that he has no off street parking because he does not have a business. He further stated that he has given the City warning and that he considers this further hart-easement. Chairman Carlsson asked the zoning of the property. Code Enforcement Officer Coschignano stated that he did not know. Mr. Stucki stated that it was C-2. Vice Chairman Linebarier asked Mr. Stucki if he would be willing to post the property as no trespassing and to give the Police department written notice to ticket or cite offenders. Code Enforcement Officer Coschignano stated that the Police department has taken the stance that this is a zoning issue and they will not enforce. Mr. Stucki stated that in his beat interest, he would have to decline to cooperate in the manner Vice Chairman Linebarier requested. Mr. Stucki stated that there is 1,720' of road frontage on his property and that even if posted, there would be areas unseen. He further stated that he has talked to the Mayor and City Commisioners and asked them to drop this issue but has not had a response. He again stated that the City has discriminated against him. Chairman Carlsson stated that the 4 CEB 12/19/88 ,. PAGE 5 Board was just asking for a little cooperation. Mr. Stucki stated that he did not feel like turning over his property to the towing company for policing. He further stated that he could not solve the City's problem in that manner. He again stated that he did not wish to cooperate by posting and guarding his property. Vice Chairman Linebarier asked Attorney Cool if he agreed that the section Mr. Stucki is cited under is the proper section applicable to this violation. Attorney Cool stated that he was unsure how to answer but that the definition is applicable to the section cited. He further stated that from a legal standpoint, the definition of "accessory service" becomes an interpretation issue. Vice Chairman Linebarier stated that he felt Mr. Stucki is providing an accessory service to those commercial vehicles parking on the property whether he intends to provide the service or not. Attorney Cool stated that it is up to the Board to interpret the term, "accessory service". Vice Chairman Linebarier made a motion, "in reference to Case *88-32, Discount Deals, Inc. to find the respondent in violation as cited in so far as the particular portion of the Code where it states, providing an accessory service to vehicles being parked on the property." Motion died for a lack on a second. Mr. Rush made a motion, "in reference to Case 088-32, that the Board dismiss the Case with a recommendation to the City that the particular code cited is inconclusive and nebulous and to enter an order of dismissal in this case." Motion seconded by Mr. Skirvin. The floor being open for discussion, Mr. Rush stated that he had to agree with Mr. Stucki in that the Code cited does not apply to his situation. He further stated that he would like to see the property posted with help from the Police department to enforce. Mr. Rush stated that it is unfortunate that Mr. Stucki feels harrassement from the City and won't cooperate. He further stated that he felt a dismissal was the best solution but that if the City could come back with a more definitive violation, the Board would hear the case again. Chairman Carlsson stated that he agreed with Mr. Rush. Chairman Carlsson called for the question. Motion passed with Chairman Carlsson, Mr. Rush and Mr. Skirvin voting AYE and Vice Chairman Linebarier voting NEY. Vice Chairman Linebarier requested Attorney Cool draw up an Ordinance that would apply to this type of parking and coordinate with the City. He also requested that Attorney Cool not have a grandfathering clause in the Ordinance. Code Enforcement Officer Coschignano read a memo dated November 11, 1988 from the Police department to Dennis Finch in reference to truck parking along Silver Star road which stated that since this is a zoning violation, the Police department cannot enforce. He also stated that they would not even tow right-of-way cases. Vice Chairman Linebarier stated that someone has to have some authority, either the Police department, the Code 5 CEB 12/19/48 PAGE 6 Enforcement Officer or the City Manager - someone has to have authority. Code Enforcement Officer Coschignano stated that he is against himself being appointed to authorize owing since he would be acting as fudge and fury. Attorney Cool stated that there is a distinction between right-of-way towing and arbitrary towing. Chairman Carlsson asked Deputy Clerk Swilley to draft a letter to the Police Chief with a copy to the City Manager asking for police representation at the next regular Code Enforcement Board meeting primarily for discussion of right-of-way towing. Case 88-33, Sang M. & Jae B. Chung Code Enforcement Officer Coachignano stated that the City does not have proof of service on this case and asked for a continuance until the next meeting. Case 88-34, Ruby Reeves Mrs. Reeves complied and the case was dismissed by the City. HUB MINER Copy of letter to Dept. of Housing & Urban Development Deputy Clerk Swilley stated that a check for 02,000.00 was received by the City on December 16, 1988. She then asked Attorney Cool for direction to release the lien filed on the property. Attorney Cool stated that a notice of lien satisfaction needed to be filed and that he would draw up the appropriate forma. Vice Chairman Linebarier moved to have a notice of lien satisfaction filed with Orange County. Motion seconded by Mr. Rush and approved unanimously. Copy of Memo to Building Official Nagel, re: Don Owen Code Enforcement Officer Coachignano stated that the City would be reciting Mr. Owen with 2 counts of unresolved violations and that the Board should see this on their next agenda. Copy of Memo to City Manager, re: proposed Ordinance Deputy Clerk Swilley stated that Acting City Manager Finch has responded to her about this memordandum and stated that he felt the Code Enforcement Board attorney could sign off on this Ordinance and have the City put on an agenda for first reading. She further stated that Mr. Finch indicated that he did not feel the City Attorney needed to review and sign off on this Ordinance. Deputy Clerk Swilley also relayed to Attorney Cool Mr. Finch's request to investigate current 6 CEB 12/19/88 PAGE 7 legislation for any new updates since the Ordinance was drawn. Attorney Cool stated that he has already reviewed the legislation and that there are no further changes. The Board requested that Deputy Clerk Swilley follow up on this with either Mr. Finch or the current Acting City Manager, Mr. John Bateman. Copy of letter to Mr. Harper, re: fence erection Code Enforcement Officer Coschignano stated that Mr. Harper has responded to him by meeting with him and discussing the letter sent from the Board. He further stated that Mr. Harper stated that he would erect the fence as promised. Code Enforcement Officer Coschignano stated that he has looked at the property and not observed parking. He also stated that the building is indeed being used but not as a business. Chairman Carlsson then asked about Case 88-28, Shawn D. & Donna M. Gabbard. Code Enforcement Officer Coschignano stated that the City has received back both pieces of mail as unclaimed. The Board suggested a private process server or Orange County Sheriff's office. Deputy Clerk Swilley stated that she would check with the City Manager for direction to expend funds in behalf of the Board. Chairman Carlsson then asked about the pool on Center Street. Code Enforcement Officer Coachignano stated that he investigated but was unable to locate a pool. Vice Chairman Linebarier stated that if the City was unable to deliver the Gabbard mail by the next meeting, he would like to see this item placed back on the agenda. He further stated that he would like to have the City determine that the respondent still lives at the address listed. Mr. Rush suggested trying the phone directory. Vice Chairman Linebarier also suggested checking utility records. Attorney Cool stated that he feels that the drafting of the Ordinance requested by the Board might be more appropriately directed to the City Attorney. Vice Chairman Linebarier stated that he felt it best if the Code Enforcement Board attorney handle this issue. Code Enforcement Officer Coachignano stated that in reference to Case 088-33, Sang M. & Jae B. Chung, the issue and section cited are the same as in Case 088-32, Discount Deals. He further stated that the property in the Chung case is an outparcel of the shopping center and is a atop and go kind of tior parking issue. He asked the Board if he should pursue the issue or dismiss. Vice Chairman Linebarier stated that there is no need to bring in the Chungs for a hearing if the violation and section cited are the same. He suggested the 7 CEB 12/19/88 PAGE 8 City write the parent companies of the trucklines and ask them to advise their drivers not to park in that area. The general consensus of the Board was that the crux of the issue is that the Police department should be able to cite by ticket to enforce the Ordinance. Chairman Carlsson stated that he felt there was the same old problem of selective enforcement. Vice Chairman Linebarier and Mr. Rush had a discussion in reference to their disagreement over the Stucki issue. Code Enforcement Officer Coschignano again asked what he should do about the Chung issue. Attorney Cool answered that he would advise dismissal if the situation is basically the same as with Mr. Stucki. Code Enforcement Officer Coachignano stated that he would take care of it. He further stated that he would like something in writing from the Board to the City Commission as to the situation with these type of violations since some of the Commissioners were on him daily about enforcement of the Silver Star/Stucki property. Vice Chairman Linebarier asked Deputy Clerk Swilley to draw up a letter to the City Commission for Chairman Carlsson's signature stating that the Board found the particular Ordinance used to cite Mr. Stucki inadequate to properly enforce the City Codes and that the Board has instructed ihw their Attorney, Mr. Cool to draw up an Ordinance to help. He also asked that the letter request assistance as the the enforcement of City Codes by the Police department in reference to vehicles in City right-of-ways. Code Enforcement Officer Coachignano started a lengthy conversation in reference to the "junk vehicle" Ordinance and antique vehicles. ANENT Mr. Rush made a motion to adjourn, seconded by Vice Chairman Linebarier and approved unanimously. Meeting adjourned at 9:56 p.m. --- - ---- ATTEST: • 8