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HomeMy WebLinkAbout03-09-1987 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD MARCH 09L 1987 fir I . ROLL CALL PRESENT: Chairman John Linebarier, Vice Chairman Frank Carlsson, Members Gary Carroll and Joe Marbais, Attorney John Hatcher, Building Official Cecil Hurst, Sergeant William Gailit and Deputy Clerk Susan Amesbury. ABSENT: Members Bob Sorenson, Cathie Pollack and Robert Imes (all excused) . Chairman Linebarier called the meeting to order at 7:27 p.m. and led everyone in the Pledge of Allegiance to the flag. Mr. Carroll led everyone in prayer. II . REVIEW AND APPROVAL OF MINUTES Vice Chairman Carlsson moved to approve the minutes of the February 09, 1987 Code Enforcement Board meeting with one ( 1) correction, page 3, second paragraph, second word to read "Linebarier" instead of "Carlsson" after the word Chairman . Motion seconded by Mr. Carroll and approved unanimously. III. VIOLATIONS HEARINGS A. Hylton Young - Case 87-11 fir+ Building Official Hurst was sworn in by Deputy Clerk Amesbury. He then presented to the Board photographs taken on March 06, 1987 and stated the blue Chevy pickup truck has been sitting at 701 Wurst Rd. for several months. He further stated that the tax rolls are incorrect on this property and it has taken longer than usual to bring this case before the Board because of the problem locating the proper person to cite. Building Official Hurst stated that Mr. Young is the tenant and also the vehicle owner according to DMV records. He further stated that the vehicle has three (3) flat tires and an expired tag. At this time Mr. Hylton Young was sworn in by Deputy Clerk Amesbury. Mr. Young stated that the truck was operable but needs four (4) tires that he cannot afford to purchase at this time. He further stated that he would purchase insurance, tag and license when he could afford to. Vice Chairman Carlsson asked Mr . Young how many days he needed to accomplish all of these and Mr. Young answered two (2) weeks. Chairman Linebarier stated that according to the documents he had, this has been an ongoing problem since November, 1985 and asked Mr . Young why he has not tried to comply before now or at least contacted the City for an extension. Mr . Young replied that he was not aware that he needed to contact the City about the notices/extensions, etc. He further stated that he has had financial problems of late. Chairman Linebarier asked Mr. 1 CEB 3/9/87 PAGE 2 Young if two (2) weeks was sufficient time and Mr. Young answered yes. Vice Chairman Carlsson moved to find Mr. Young in violation as cited and to give him until March 23, 1987 to remove the truck or have in running condition with a fine of $50.00 per day for each day of noncompliance thereafter. Motion seconded by Mr. Carroll and approved unanimously . As a matter of record, Mr. Young signed and was given a copy of the Compliance Order. B. Roy Conrad - Case 87-12 Mr. Roy Conrad was sworn in by Deputy Clerk Amesbury. Building Official Hurst presented to the Board two (2) series of photographs, the first set dated in December, 1986 and the second set dated March 06, 1987. He stated that there was not much difference in the property between the two (2) dates/sets of photographs. He further stated that the case began prior to his employment. According to correspondence in his files, the former Building Official, Mr. Sam Gerace had been in contact with Mr . Conrad about having two (2) trailers on one (1) lot. Building Official Hurst stated that he had a letter in his files from Mr. Conrad requesting that Mr. Gerace allow him to store the second mobile home on his property for a sixty (60) day period. This letter was received by the City on August 15, 1986. Building Official Hurst stated that he received a citizen complaint about the problem and he sent Mr. Conrad a letter on November 10, 1986. He further stated that Mr. Conrad telephoned him and discussed the matter at length. Building Official Hurst gave the Board members copies of Florida State Statutes, Standard Building Code and Zoning Code sections applicable to this case. He then stated that the main problem is the fact that there are two (2) mobile homes on one (1) lot and that it was prohibited by the Zoning Code. He further stated that 7 1/2' setbacks are required for mobile homes and that there was not enough room on Mr. Conrad's lot at 126 Cockles Key for two (2) mobile homes. Building Official Hurst asked the Board to order the second (10' ) mobile home off the property. Chairman Linebarier asked which mobile home was not HUD approved. Mr. Conrad answered that the 1965 10' X 45' mobile home on the west side of the property was the mobile home in question. Mr. Conrad stated that he asked permission from the City to assemble the two trailers together to construct a double wide trailer but that he was told a variance would be needed and that Building Official Hurst advised against the construction. Mr. Conrad stated that he has not worked since October, 1986 because of an injury and that it is too great a financial expense to move the 10' mobile home now. He further stated that he has now decided against joining the two (2) mobile homes and will be moving the trailer as soon 2 CEB 3/9/87 PAGE 3 tow as possible. Chairman Linebarier asked Mr. Conrad if he had been in to City Hall to discuss the matter with Building Official Hurst and Mr . Conrad answered that he had, but only today (March 09, 1987) . Chairman Linebarier then asked Mr. Conrad why he waited so long after the letter from Building Official Hurst dated November 10, 1986. Mr. Conrad replied that he had discussed the matter with him on the telephone in length. He further stated that the main problem now is the $700.00 needed to move the trailer. Mr. Marbais asked him if the trailer still has the axles under it and Mr. Conrad answered yes. Mr. Marbais stated that in that case it should not be a big expense to have a towing service in town haul the small trailer away. Mr. Carroll moved to give Mr. Conrad until April 09, 1987 to get the 10' wide trailer off the property at 126 Cockles Key and until March 15, 1987 to clean up the junk/debris and grass/weeds from his property with a fine of 550.00 per day per violation for each day of noncompliance thereafter. Motion seconded by Mr. Carlsson and approved unanimously. Mr . Conrad signed and was given a copy of the Compliance Order. C. Edgardo Caruso &/or Natalie A. Caruso - Case 87-13 As a matter of record, there was no one present to represent Cive Mr. and Mrs. Caruso. Building Official Hurst explained that Mr. Caruso was in City Hall on March 09, 1987 and indicated his only problem was that the tag was expired on his 1977 green Cadillac. According to Building Official Hurst, Mr. Caruso could not be present since he had to accompany his wife to Lamaze class. Mr. Caruso further indicated to Building Official Hurst that he needed approximately seven (7) days to purchase the tag. Vice Chairman Carlsson moved to find Mr . Caruso in violation as cited and give him until March 16, 1987 to have the vehicle tagged and registered with a fine of 525.00 per day for each day of violation thereafter. Motion seconded by Mr. Carroll and approved unanimously . D. Scott C. Anderson &/or Jennifer L. Anderson - Case 87-14 As a matter of record, there was no one present to represent Mr. and Mrs. Anderson. Building Official Hurst stated that they were close to compliance with one (1) of the two (2) junk vehicles removed as of this date. He further stated that the red International pickup that remained was in fairly good shape with four (4) good tires, in operable condition and really only lacked a current tag. Vice Chairman Carlsson moved to find the Andersons in violation of sections 21-36 and 21-40 of the City Code on the red International pickup only and to give him until March 16, 1987 to bring the 3 PAGE 4 3/9/87 vehicle into compliance with a fine of $25.00 per day for each day of noncompliance thereafter. Motion seconded by Mr. Carroll and approved unanimously. OTHER BUSINESS A. Susan C. Lowe, Case 87-2 - Notice of Dismissal Mrs. Lowe complied and the case was dismissed per Building Official Hurst. B. David G. & Patricia M. Andredne, Case 87-5 - Notice of Dismissal . The Andrednes complied and the case was dismissed per Building Official Hurst. C. Gary L. Armstrong &/or Vickie L. Armstrong - Case 87-8 Building Official Hurst stated that the Armstrongs were found in violation by the Board at the last meeting but that attempts to serve the Compliance Order were unsuccessful and that the order expired. He questioned Attorney Hatcher as to the next step. Attorney Hatcher stated that it would be appropriate for the Board to consider amending the Compliance Order to give the respondents a number of days beyond the date of service vs a fixed date of compliance. He further suggested an unmarked car and plainclothes detective to serve the Notice. Mr. Marbais moved to amend the original Compliance Order dated February 09, 1987 in Case 87-8 to change paragraph 2 as follows: remove the compliance date of February 16, 1987 and substitute within " Five (5) working days after the date a copy of the order is served on respondent", and that the order stays the same in all other aspects. Motion seconded by Vice Chairman Carlsson and approved unanimously. COMMENTS A. City Manager - not present B. Fire Inspector - not present C. Building Official - Building Official Hurst stated that there were an amazing number of cases being handled without an appearance before the Board . D. Board Attorney - None E. Citizens - None F. Board Members - Vice Chairman Carlsson expressed his appreciation to City staff efforts in Code Enforcement. 4 CEB 3/9/87 PAGE 5 ADJOURNMENT Vice Chairman Carlsson moved to adjourn, seconded by Mr. Carroll and approved unanimously. Meeting adjourned at 9: 12 p.m. ,d<a-424J9/21/"/. ohn Line arier, Chairman ATTEST: Deputy Clerk Amesbu L 5