HomeMy WebLinkAbout01-12-1987 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD JANUARY 12 . 1987
4,,,,, I . ROLL CALL
PRESENT: Chairman John Linebarier, Vice Chairman Frank
Carlsson, Members Bob Sorenson, Joe Marbais and Gary Carroll,
Alternate Cathie Pollack, Attorney John Hatcher, Sergeant
William Gailit, Building Official Cecil Hurst and Deputy
Clerk Susan Amesbury.
Chairman Linebarier called the meeting to order at 7:28 p.m.
and led everyone in the Pledge of Allegiance to the flag.
Alternate Pollack led everyone in prayer.
II . REVIEW AND APPROVAL OF MINUTES
Vice Chairman Carlsson moved to approve the minutes of the
December 08, 1986 Code Enforcement Board Meeting minutes as
printed and distributed. Motion seconded by Mr. Carroll and
approved unanimously.
III. VIOLATIONS HEARINGS
A. Albert O'Brien, Case 86-30
As a matter of record, there was no one present to represent
Mr. O'Brien. Deputy Clerk Amesbury swore in Building
Official Hurst. He then presented to the Board photographs
err taken January 12, 1987 at 328 New Meadow Ct. of the junk
vehicle. Building Official Hurst stated that Mr. O'Brien was
cited November 25, 1986 with a Notice of Code Violations,
hand delivered by Officer William J. Simon. The respodent
was given until December 05, 1986 to comply. On December 12,
1986 the respondent was served a Notice of Hearing due to
noncompliance (delivered by Officer Frederick Holsinger) . As
a matter of record, there are proof of service - delivery
statements for both deliveries by the Police Department.
Vice Chairman Carlsson moved to find Mr. O'Brien in violation
of Sections 21-36 and 21-40 of the City Code and to give Mr.
O'Brien 7 days (until January 19, 1987) to remove the junk
vehicle or be fined $50.00 a day thereafter for each day of
noncompliance. Motion seconded by Mr. Marbais and approved
unanimously.
B. Sam E. Murrell, Jr. , Case 86-32
As a matter of record, there was no one present to represent
Mr. Murrell . Building Official Hurst presented two (2)
photographs of the debris and rubble of the burned structure
at 239 Taylor St. taken on December 12, 1986. He stated that
the property looks the same today. He further stated that
this was the Thomas King Estate and Sam Murrell was cited as
responsible party. Building Official Hurst stated that this
4,,, case goes back to May, 1986 when the former Building Official
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Sam Gerace found 239 Taylor Street to have an abandoned
building and cited Mr. Sam E. Murrell, Jr. when he found the
case in probate. There was not initial compliance for his
order to bring the building up to code or destroy it,
therefore, Mr. Murrell was issued a Notice of Hearing. The
respondent had Ocoee Fire Department burn the builing prior
to the hearing date and the case was dismissed. Building
Official Hurst stated that he sent a letter to Mr. Murrell on
November 06, 1986 asking him to clean up the debris and
rubble left behind but had no response. On December 03, 1986
Mr. Murrell was sent a Notice of Code Violation and given
until December 16, 1986 to comply. Since there was no
response to this notice, on December 15, 1986, the respondent
was issued a Notice of Hearing to appear at tonight's
meeting. Attorney Hatcher stated that the heirs of the
Estate are the "property owners" and that the personal
representative protects the heirs and has the right of
possession to the Estate property until probate settlement.
Attorney Hatcher suggested calling the propate court clerk
and getting the personal representative information from her.
He further suggested tabling the issue until the next regular
Board meeting until the Estate records could be thoroughly
checked. Vice Chairman Carlsson moved to table any action on
case #86-32 until the February 09, 1987 Code Enforcement
Board meeting. Motion seconded by Mr. Sorenson and
approved unanimously.
C. Dorothy F. Baker &/or Gene T. Jacobs, Case 86-33
As a matter of record, this case was dismissed by the City
prior to the Board meeting due to compliance by the
respondent.
D. J. Gordon Arkin &/or Theodore J. Molthen, Case 86-34
Case 86-33 was dismissed January 08, 1987 due to compliance
by the respondent.
IV. OTHER BUSINESS
A. Lou Ann Carpenter, Case 86-24
A Notice of Dismissal was issued due to compliance by the
respondent.
B. Memorandum from Attorney Hatcher, Re: Junk Vehicles
Chairman Linebarier stated that the memorandum seemed clear
with good breakdown and called for the Board to address any
questions to Attorney Hatcher. There being no questions,
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Chairman Linebarier then asked Sgt. Gailit to ask his
superior, Lt. Walker to invite Attorney Hatcher to discuss
the policy/ordinance on junk vehicles with the police
officers.
C. New Listing of Board Members
V. COMMENTS
A. City Manager - None
B. Fire Inspector - None
C. Building Official - Building Official Hurst questioned
the procedure for towing as referenced in Section 21-42 of
the Code. Attorney Hatcher cautioned that towing vehicles
would be a controversial issue as junk vehicles were not an
imminent health or safety hazard. He further stated that the
City stands to be sued if its agents/employees trespass on
private property and violate a citizens constitutional
rights. Attorney Hatcher stated that he was not sure if
enforcement of this nature is viable and that perhaps the
City Attorney should review the Code. He further stated that
if vehicles were towed without an opportunity for a hearing,
this would create an additional problem as it would be the
Cre word of the owner against the enforcement officer. Mrs.
Pollack stated that she felt that when the respondent did not
appear at the hearing they were cited for, the City should
then tow the vehicle. Attorney Hatcher stated that if the
vehicle was towed at this point, indignant citizens could sue
the city, enforcement officer and the Board members. He
again stated that there were significant risks involved here
and caution should be used. Attorney Hatcher stated that
each case must be given an impartial hearing and due process.
D. Board Attorney - None
E. Citizens - None
F. Board Members - None
VI. ADJOURNMENT
Vice Chairman Carlsson made a motion to adjourn, seconded by
Mr. Carroll and approved unanimously. Meeting adjourned at
8:33 p.m.
150. ,
_ __ 1 . _'.,e, r .e
ohn Linebarier, Chairman
ATTEST:
Deputy Clerk Ameabur
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