HomeMy WebLinkAbout08-10-1987 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD AUGUST 10, 1987
I. ROLL CALL
PRESENT: Chairman John Linebarier, Members Gary Carroll ,
Frank Carlsson, Kathleen Shidel , Douglas Rush and Phyllis
Olmstead, Attorney Ike Cool , Building Official Harvey Nagel,
Sergeant William Gailit and Deputy Clerk Susan Amesbury.
ABSENT: Vice Chairman Joe Marbais - excused.
Chairman Linebarier called the meeting to order at 7 :30 p.m.
and led everyone in the Pledge of Allegiance to the flag.
Mr. Carroll led everyone in prayer.
I. REVIEW AND APPROVAL OF MINUTES
Mr. Carlsson moved to accept the minutes of the July 13, 1987
Code Enforcement Board meeting as printed and distributed.
Motion seconded by Mrs . Olmstead and approved unanimously.
At this time Chairman Linebarier asked Mr. Cool to introduce
himself to the Board. Mr. Cool stated that he lived in Ocoee
and practiced real estate and municipal law in Orlando.
Chairman Linebarier welcomed the new attorney in behalf of
all of the Board members.
III. VIOLATIONS HEARINGS
Robert V. Davis &/or Cynthia S . Davis , Case 87-29
Deputy Clerk Amesbury swore in Building Official Nagel. He
then explained to the Board that this case originated prior
to his employment with the City but that he had inspected
the property on August 10 , 1987 and found a Blue/White Chevy
Blazer with no tag parked in the rear yard. He further
explained that the vehicle was in violation of the rear yard
setback. At this time Deputy Clerk Amesbury swore in Mr.
Robert V. Davis. Mr. Davis stated that he received a notice
a few weeks ago and understood that he needed to trim the
grass around the vehicle and inflate the tires , which he did.
He stated that he was not aware that he needed to purchase a
tag to bring the vehicle into full compliance until he
received the Notice of Hearing with the Statement of
Violations attached on August 03, 1987 . Mr. Davis stated
that he purchased the tag on August 10, 1987 and presented
the Board with his receipt. He further stated that the
reason that he had not purchased the tag before was that he
initially purchased the vehicle for resale therefore saw no
reason to tag it. Mr. Davis stated that he still plans to
sell the Blazer and that the tag is not on the vehicle now.
Chairman Linebarier suggested that Mr. Davis put the tag on
the vehicle. Mr. Davis stated that he would put the tag on
the vehicle and put it in his front yard with a "For Sale"
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sign on it. Mr. Carlsson moved to give Mr. Davis until
August 13, 1987 to bring his vehicle into compliance with a
fine of $50.00 per day for each day of noncompliance
thereafter. Motion seconded by Mrs. Olmstead and approved
unanimously. As a matter of record the respondent signed and
was given a copy of the Compliance Order.
IV. OTHER BUSINESS
A discussion ensued between the Board members and Sgt. Gailit
in reference to "junk vehicles" , ordinance, procedures and
Attorney Hatcher ' s past memorandums on the subject. Attorney
Cool stated that he had read the memorandums and found them
to be a good synopsis of the junk vehicle ordinance.
Building Official Nagel stated that he was concerned with all
of the violations of parking in reference to vehicles being
on a "hard, dustless surface" . Chairman Linebarier stated
that he had no interpretation of the term "hard, dustless
surface" . Mr. Carroll stated that the ordinance in effect
which requires the "hard, dustless surface" probably
grandfathered in 90% of the current violations. Building
Official Nagel then stated that he has had several complaints
about basketball courts being constructed in such a way that
they create a traffic hazzard, violate the 25 ' front yard
setback and could result in children being harmed. Chairman
Linebarier questioned Sgt. Gailit about any curfews . Sgt.
Gailit answered that the Supreme Court ruled that curfews
were unconstitutional .
V. COMMENTS
A. Building Official - Mr. Nagel stated that he was flooded
with complaints.
B. Police Department - None
C. Board Attorney - None
D. Citizens - None
E. Board Members - Chairman Linebarier asked Attorney Cool
for a legal opinion of the term "hard, dustless surface" .
VI. ADJOURNMENT
Mrs. Olmstead moved to adjourn, seconded by Mr. Carroll and
approved unanimously. Meeting adjourned at 8 : 10 P.M.
410,, 41( . to/Liquiso6,
John Linebarier, Chairman ATTEST:
Deputy Clerk Amesbury