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HomeMy WebLinkAbout12-14-1987 Minutes 51121€2 QE TH1 QE QSQgg SQQE €NEQ BNINT MEP =TINA HELP QMtMUI R 14A 12!17- I. BOLL OIL PRIMENT: Chairman John Linebarier, Vice Chairsan Joe Marbais, Members James Skirvin, Gary Carroll, Kathleen Shidel, Frank Carlsson and Douglas Rush, Attorney Ike Cool, Building Inspector Bill Hager, Sergeant Tony Wilson and Deputy Clerk Susan Amesbury. Chairman Linebarier called the meeting to order at 7:30 P.M. Mr. Carroll led everyone in prayer and the Pledge of Allegiance to the flag. II. BUM AR AttNQYAL Qf MINTS§ Mr. Carroll moved to waive the reading of the minutes of the November 09, 1987 Code Enforcement Board meeting and accept them as printed and distributed. Motion seconded by Mr. Carlsson and approved unanimously. At this time Chairman Linebarier introduced Mr. Skirvin to the Board and welcomed him. III. YIaATI41! MUAN11 Ron L. Stucki, Case 87-41 Mr. Stucki complied and the case was dismissed by the City prior to the hearing. Joe Marra, Sr. , Case 87-42 Mr. Marra complied and the case was dismissed by the City prior to the hearing. Curtis Hodges, Case 87-43 Deputy Clerk Amesbury swore in Buidling Inspector Hager and Mr. Hodges. Building Inspector Hager stated that on October 13, 1987 Mr. Hodges was cited with a Notice of Code • Violations and given until November 30, 1987 to correct the Violations. He further stated that the City found that the building was being renovated for Church services without electricity or bathroom facilities. Building Inspector Hager stated that the City of Ocoee granted temporary power for repair but since Mr. Hodges did not apply for a building permit or submit a site plan, the power was disconnected. Chairman Linebarier asked what the building was being used . for. Building Inspector Hager stated that it was being used for a Church but he was not sure if it was still serving that purpose. Chairman Linebarier asked about the cost of alterations to the building so far. Building Inspector Hager responded that a concrete floor has been poured, doors have 1 CEB 12/14/87 PAGE 2 been put on the building and windows have been installed. Mr. Carroll asked if these alterations coat over $250.00 and Building Inspector Hager answered yea. Mr. Carlsson asked if there were any permits applied for or issued. Building Inspector Hager replied no, only temporary power which as discussed earlier, was disconnected. Mr. Carlsson asked if there were any site plans submitted and Building Inspector Hager answered no. Mr. Hodges then stated for the record that his name is Carl Curtis Hodges and that he resides at 8217 Caraway Dr. , Orlando, Florida. Mr. Hodges stated that he is the property owner but is in the process of selling the property to Reverend Sterling Pylant, who is the current tenant. He stated that he discovered the City Code was not met when it was explained to him that there was work on the property without permits. Mr. Hodges stated that he has now padlocked the property. He further stated that he expects to close by Friday, December 18, 1987 and that the property is not currently being used. Mr. Hodges stated that there was Just a vacant building with code violations. He asked that the Board postpone any actions until Friday (tentative date of closing) . Mr. Carlsson stated that he felt that the situation had gone too far for any postponements. Chairman Linebarier stated that the order from the Building Department was to restore the property to the original condition on October 13, 1987 and that no effort has been made to do that. Mr. Hodges stated that he has explained to Reverend Pylant what needs to be done. Chairman Linebarier explained to Mr. Hodges that as the land owner, he is responsible for any alterations/improvements. Mr. Hodges stated that he dust assumed Reverend Pylant had the proper permits, etc. Vice Chairman Marbais asked Mr. Hodges when he learned of the problems. Mr. Hodges stated that he was unsure of the date. He further stated that he did not want to sink any money into the property since he is in the process of selling it to Reverend Pylant. Mr. Carlsson asked Mr. Hodges if he gave Reverend Pylant permission to build a Church on the property. Mr. Hodges answered no. Mr. Carlsson asked when the last Church service was held in the building. Reverend Pylant answered yesterday (December 13, 1987) . Mr. Carlsson asked if there were new windows in the building and Mr. Hodges answered yes. Chairman Linebarier asked if there was a bathroom and Building Inspector Hager answered only a port-a- )ohn. Chairman Linebarier asked Attorney Cool if the present property owner is found in violation and the property changes hands on Friday, how would the finding stand? Attorney Cool stated that the findings are good to the present owner and that he does not relieve himself of the Board's findings by sale of the property. Mr. Carlsson stated that the City could put a lien on the property to hold the sale. At this time Reverend Sterling Pylant was sworn in by Deputy Clerk Amesbury. He stated that his address is 1930 Hinckley Rd. , 2 CES 12/14/87 PAGE 3 Orlando, Fl. 32818. Reverend Pylant stated that his intent was to use the barn temporarily until a building could be constructed. He further stated that he has had problem after another with Orange County in reference to the right-of-way. He stated that if the barn is torn down, he and his congregation would have n o place to go. Reverend Pylant stated that he felt that he and his Church have helped the neighborhood by stopping druggies, drunks and sex parties. He further stated that he does not want trouble. Chairman Linebarier asked him if he was aware that he was in violation when he made the alterations to the barn. Reverend Pylant answered that he was aware he did not have a permit but thought that he could have Church inside four (4) walls in that particular zoning. He further stated that he does not need restrooms, he only wants to have Church services and does not want any trouble. Chairman Linebarier stated that it is not the Boards intention to interfere with worship, that the Hearing is only to determine if alterations were made to the building without proper authorization from the City - were the Codes violated and if so, what can the Board do about it. He then thanked Reverend Pylant for his comments and asked what the Building Department would accept to bring the building into compliance. Building Inspector Hager stated that the Building Department needs site plans and building plans to meet the Code and no occupancy or use until then. Mr. Carroll asked if site plans have been stamped and sealed by an engineer. Reverend Pylant stated that he has only preliminary plans (not sealed) . Chairman Linebarier asked Attorney Cool if the findings tonight would extend to a new owner. Attorney Cool answered yes, if a certified copy of the Compliance order is recorded in the public records to become a lien on the property. He further stated that if the Compliance order was not recorded the City must go through the Notice procedure with the new property owner. Mr. Carroll moved to give the property owner 15 days to come into compliance or face a penalty of 425.00 per day for each day of noncompliance thereafter. Motion died for lack of a second. Mrs. Shidel stated that since Mr. Hodges is a developer, he should be aware of the City rules and regulations. Mr. Hodges stated that he thought there was a permit issued and assumed since he has the building padlocked everthing is O.K. He stated that he thinks he is a good guy. Mr. Carlsson asked Attorney Cool if the Board's action could be recorded right away. Attorney Cool answered yes. Chairman Linebarier stated that the property should have been restored to the orginal condition in October when first noticed by the City. Both Mr. Hodges and Reverend Pylant stated that they were never asked to restore the property to the original posture. Mr. Carroll showed them both a letter dated October 29, 1987 to Reverend Pylant asking him to restore the property to the orginal condition. The letter 3 CEB 12/14/87 tww PAGE 4 was sent certified mail, restricted delivery with return receipt in possession of the City. The letter was also copied to Mr. Hodges. Both parties continued to deny ever having seen the letter before. Mr. Carlsson moved to find Mr. Hodges in violations as noticed, with 15 days (until December 29, 1987) to come into compliance with a fine of *100.00 per day for each day of noncompliance thereafter. He then asked that the City file a certified copy of the Compliance Order with the Orange County courthouse on December 15, 1987. Motion seconded by Vice Chairman Marbais. In the discussion that ensued, Mr. Hodges stated that the Board was stopping the sale that he has waited so long for. He further stated that he does not mind the fines but the Board was going too far with the recording and putting a lien on his property to stop the sale. Mr. Carlsson reminded Mr. Hodges that he has had since October to correct the problems. Mr. Hodges asked the Board not to cloud his title, he stated that he would pay a fine as long as the title was free and clear. Chairman Linebarier stated that the Board did not care about the fine, they just want to see the property restored to the original condition. Reverend Pylant stated that the Board was taking *25,000.00 of hard earned money from Church people. Vice Chairman Marbais asked Building Inspector Hager how long it would take to have a permit Cir issued to restore the property to its original condition. Building Inspector Hager stated that as soon as proper plans were submitted, a permit would be issued. Chairman Linebarier stated that the only thing the Board can consider is the violations of the Code as presented. The motion carried with Chairman Linebarier, Vice Chairman Marbais, Members Carlsson, Shidel, Rush and Skirvin voting AYE and Member Carroll voting NAY. After the vote, Reverend Pylant stated that he felt the Board was being unfair by clouding the title with bureaucratic regulations and that the Board would have to answer to the Divine Maker. He further stated that he knew he was wrong but it is too hard today to build a church with so many regulations. Reverend Pylant stated that the Board would answer to God. As a matter of record, Mr. Hodges refused to sign the Compliance order. I V. 0111111 A. Notice of Dismissal - Richard E. Turner, Case 87-35 Mr. Turner complied and the case was dismissed by the City. B. Notice of Dismissal - Jimmie Fortner, Case 87-36 Mr. Fortner complied and the case was dismissed by the City. 4 CEB 12/14/87 PAGE 5 v. OVUM A. Building Inspector - None B. Police Department - None C. Board Attorney - None D. Citizens - Mr. Hodges asked Attorney Cool who will be fined if the property is sold and after 15 days there is still not compliance. Attorney Cool answered that it would be up to the City to collect a fine from either the present owner or the new owner. Chairman Linebarier stated that the Board had no desire to take money, just to enforce the Code. E. Board Members - Mr. Carlsson auggeated that the City type "Certified Letter" on the top of any correspondence to respondents if standard forma were not used. Mr. Skirvin wondered if the Board was always chastised in such a manner. Mrs. Shidel complained about one of the copies in her packet. Chairman Linebarier asked to have it recorded in the record that Code Enforcement Officers be brought up to date on animal control and to have some enforcement. He stated that while the County maintains overall supervision, they will come out and train on animal control in Cities. Sergeant Wilson stated that he would check it out. Chairman Linebarier stated that he would like to see more effort in this area. V I. AQIQUINE ! Mr. Carroll moved to adjourn. Motion seconded by Mr. Carlsson and approved unanimously. Meeting adjourned at 8:47 p.m. hn H. Linebarier, Chairman ATTEST: Deputy Clerk Amesbur 5