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HomeMy WebLinkAbout10-19-1987 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD OCTOBER 19. 1987 (� I. ROLL CALL PRESENT: Chairman John Linebarier, Members Frank Carlsson, Douglas Rush, Gary Carroll and Phyllis Olmstead, Attorney Ike Cool, Building Official Harvey Nagel, Sergeant William Gailit, Detective Ted Silberstein and Deputy Clerk Susan Amesbury. ABSENT: Vice Chairman Joe Marbais and Member Kathleen Shidel (both excused). Chairman Linebarier called the meeting to order at 7:29 p. m. in the Community Center training room. Mr. Carroll led everyone in prayer. The Pledge of Allegience to the flag was waived since the flag was in use in the Main Hall for the Commission meeting. Chairman Linebarier stated that there was some discrepancy in reference to Member Phyllis Q2mstead' s residence. He further stated that if she no longer lived in Ocoee that she could not serve on the Code Enforcement Board. Mrs. Olmstead stated that she was having some difficulties at home but hoped to have them resolved soon. Attorney Cool stated that there would not be a problem with Mrs. Olmstead voting until the situation could be resolved. Cow� � II. REVIEW AND APPROVAL OF MINUTES Mr. Carroll moved to waive the reading of the minutes of the August 10, 1987 Code Enforcement Board meeting and accept them as printed and distributed. Motion seconded by Mr. Carlsson and approved unanimously. III. VIOLATIONS HEARINGS Glenda Hasty, Case 87-32 Chairman Linebarier stated for the record that Glenda Hasty has married and that her name is now Glenda Kelly. At this time Deputy Clerk Amesbury swore in Mrs. Kelly and Building Official Nagel. Mr. Nagel stated that Mrs. Kelly was originally in violation of sections 11-23, 21-36 and 21-40 of the City Code in addition to the R. V. vehicle violation. He further stated that she has complied with everything except the R. V. vehicle violation as of October 19, 1987. Mrs. Helly stated that she has a copy of the section of the zoning code that she is supposed to be in violation of and that she does not agree. She gave the Board some photographs of many �� CEB 10/19/87 � PAGE 2 other campers throughout her neighborhood and wondered why they were not also in court. Mrs. Kelly stated that she has polled her neighbors and found none of them offended by her R. V. . She stated that she purchased her home in 1971 and that the Ordinance restricting R. V. vehicles being parked within the front yard setback was passed in 1977. Mrs. Kelly stated that she has no place to park her camper and feels that she is being harrassed. She further stated that she was not even aware of the Ordinance until she received the Notice of Code Violation from the City. Mrs. Kelly stated that she has owned her Cox camper since 1973. Attorney Cool read Chapter 3, Section 8, Paragraph 3 of the Zoning Code. Chairman Linebarier asked Building Official Nagel if he considered the camper a trailer. He stated that he did. Chairman Linebarier asked Mrs. Kelly if there was room in her back-yard for the R. V. . She stated that there was not enough room on either side of her home to get the R. V. into the backyard. Chairman Linebarier asked Mrs. Kelly if she was aware of the Board of Adjustment. She answered that she was not. Chairman Linebarier explained the Board of Adjustment' s function to her. Mrs. Kelly stated that she wanted to put up a carport. Building Official Nagel stated that he felt that there was not enough of a front yard setback for a carport. Mr. Carlsson moved to find Mrs. Kelly in violation and gave her until December 31, 1987 to either remove the R. V. vehicle from her front yard or to construct a carport (within City specifications) with a fine of $25. 00 per day for each day of noncompliance thereafter. Motion seconded by Mrs. Olmstead and carried unanimously. As a matter of record, Mrs. Kelly signed and was given a copy of the Compliance Order. Adison L. Hoequist, Case 87-33 Case dismissed due to compliance. Richard E. Turner ider Martha S. Turner, Case 87-35 Mrs. Turner was sworn in by Deputy Clerk Amesbury. Building Official Nagel stated that the original violations were for nuisance/menace to public health. He further stated that all violations have been cleared except the junk vehicle which is a blue plymouth with no tag parked in the front yard on a concrete pad. Chairman Linebarier at this time asked Building Official Nagel to please take photographs so that the Board could have a clearer picture of the violations. Building Official Nagel responded that he would do so in the future. Mrs. Turner stated that her husband moved out of their home on October 13, 1987. She further stated that he received all prior correspondence from the �� � CEB 10u'19/S7 PAGE 3 (~ City, therefore, she had no knowledge of the violations until she received the Notice of Hearing. Mrs. Turner stated that the vehicle is registered in her name and is driveable but does not have a clear title. Chairman Linebarier asked Sgt. Gailit if the Officers leaving the Notice to Remove documents could print the respondent name below the signature as the Board had difficulty reading some of the signatures. Sgt. Gailit answered that he would so instruct his Officers. Chairman Linebarier asked Mrs. Turner how long she needed to move the vehicle or get it tagged. She stated that the tag cost was not the problem - insurance cost was the issue. Chairman Linebarier explained PIP insurance to Mrs. Turner and stated that although he would net recommend her driving the car with this insurance, it was adequate to purchase a tag and satisfy the City Code. Mrs. Turner asked to have an extension until November 11, 1987. Mr. Carlsson moved to find Mrs. Turner in violation and to give her until November 13, 1987 to come into compliance with a fine of $25. 00 per day for each day of violation thereafter. Motion seconded by Mrs. Olmstead and carried unanimously. Mrs. Turner signed and was given a copy of the Compliance Order. IV. OTHER BUSINESS A discussion ensued between the police department representatives and the Board members in reference to complaints/procedures far Code Enforcement. Memorandum from Attorney Cool, re: hard, dustless surface Attorney Cool discussed the term "hard, dustless surface" with the Board members. He stated that the term was ambiguous and that although his memorandum will give some insight into how courts have interpreted the pharse, it would still be up to the Board to give the final interpretation of the pharse. Mr. Carlsson stated that he felt the Board should handle the issue on a case by case basis. Chairman Linebarier stated that the Board could allow brick, concrete or asphalt as a "hard, dustless surface" for a parking area. Chairman Linebarier further stated that he would use this memorandum for the Planning and Zoning Board also. Proposed revision to Code Enforcement Board Ordinance Chairman Linebarier stated that the Ordinance the Board has before them effects changes for repeated violators and reappointment to Board members. Mrs. Olmstead moved to recommend the Ordinance be sent to the City Commission for First Reading as written. Motion seconded by Mr. Carroll and approved unanimously. � CEB 1W$/19/S7 PAGE 4 V. COMMENTS A. Building Official - None B. Police Department - None C. Board Attorney - Attorney Cool stated that if the Ordinance passes, there will be some amendments/changes to the Board rules and regulations/procedures and that he will take care of them at that time. D. Citizens - Mrs. Nagel was in the audience and introduced herself to the Board. E. Board Members - Mrs. Olmstead questioned who was responsible for the empty lots in sub6ivisens throughout the City. Attorney Cool answered that the lot owner was responsible - whether it was the developer or if sold, actual lot owner. VI. ADJOURNMENT Mr. Carlsson moved to adjourn. Motion seconded by Mrs. Olmstead and approved unanimously. Meeting adjourned at 8:30 P. M. ' ~ _ __ 6i_0.0 ohn Linebarier, Chairman ATTEST: O. =�1 f `^ Deputy Clerk Amesbury (low