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HomeMy WebLinkAbout07-14-1986 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD JULY 14A 1986 I . ROLL CALL PRESENT: Vice Chairman Frank Carlsson, Members Gary Carroll , Joe Marbais and Ed Foley, Attorney John Hatcher, Building Official Sam Gerace, Building Inspector Bill Hager, Officer Ted Silberstein and Deputy Clerk Susan Amesbury. ABSENT: Chairman John Linebarier, Members Bob Sorenson, Mary Ellen Frame and Alternate Donald Barker . Vice Chairman Carlsson declared a quorum to be present and called the meeting to order at 7:30 p.m. He then led everyone in the Pledge of Allegiance to the flag. II. REVIEW AND APPROVAL OF MINUTES Mr. Carroll that to dispense with the reading of the June 09, 1986 Code Enforcement Board meeting minutes and accept them as printed, seconded by Mr . Marbais and motion carried unanimously. III. VIOLATIONS HEARINGS A. Twin Lake Utility, Inc. - Case 86-9 Building Official Gerace stated that Twin Lake Utility, Inc. has complied and the case has been dismissed by the City. B. Shirley Belasky Cothern - Case 86-10 As a matter of record Mrs. Cothern and her husband were both present. Building Inspector Hager and Mrs. Cothern were sworn in by Deputy Clerk Amesbury. Building Inspector Hager stated that Mrs. Cothern was in violation of section 21-36 and 21-40 of the Ocoee City Code. He further stated that per his inspection on July 14, 1986 the Red/Maroon Pontiac Firebird with no tag was still parked in the driveway. Mrs. Cothern stated that the car was purchased and did not work and since that time her husband has been working on the vehicle. She further stated that she did not have the money to purchase tags for the vehicle and could not see buying the tag when the car can't be driven at this time. Vice Chairman Carlsson explained to Mrs. Cothern that she was in violation of the City Code and read from Section 21-36 and 21-40. He then questioned Mrs. Cothern about what was needed to get the car running. Mrs. Cothern stated that the car needed a motor. Vice Chairman Carlsson asked Mrs. Cothern when she was made aware that she was in violation. Mrs. Cothern could not recall exactly when she first received notice. City records indicate the vehicle was first cited with a Notice to Remove from the Police Department, served by Officer 1 CEB 7/14/86 PAGE 2 Silberstein. Officer Silberstein was introduced to the Board at this time and stated that he had served the Notice to Remove on May 07, 1986 at 10: 15 p.m. Attorney Hatcher stated that the City Ordinance reads that it is unlawful to have an inoperable vehicle unless it is in a covered carport or garage. Building Inspector Hager stated that Mrs. Cothern's place of residence at 402 Cabellero does not have a carport, only a concrete pad, which is where the vehicle is located. Vice Chairman Carlsson asked Mrs. Cothern when she could have the vehicle tagged and running . Mr . Cothern answered that he needed at least 2 additional weeks to complete repairs. Mr . Marbais made a motion to give the respondent until July 28, 1986 at 4:30 p.m. to have the car tagged and operable with a fine of $15.00 per day for each day of noncompliance thereafter, seconded by Mr. Carroll and approved unanimously. IV. OTHER BUSINESS Officer Silberstein asked Attorney Hatcher about the legal procedure to follow when there is a junk vehicle on property where no one resides. Attorney Hatcher stated that there were three (3) potential individuals who could be cited whenever a vehicle is parked on private property, the property owner, car owner or tenant. He further explained that if the car is parked on a City street or right-of-way the person to cite would be the vehicle owner . Officer Silberstein also questioned the procedure to follow when he could not locate an individual to sign the Notice to Remove. Attorney Hatcher suggested turning these situations over to City Hall for further research in the tax rolls and water records. V. COMMENTS A. City Manager - None B. Fire Inspector - None C. Building Official - None D. Board Attorney - None E. Citizens - Mrs. Cothern asked the Board if a vehicle which was tagged and needed work would be considered a junk vehicle. Mr. Carroll stated that technically, yes it would be in violation because the ordinance classifies an inoperable vehicle as a junk vehicle. Attorney Hatcher stated that although the ordinance reads it is unlawful, the Police officers do not cite every inoperable vehicle owner with a Notice to Remove. He stated that the City Officials and Police Officers are fair and would give reasonable time in cases like this. Vice Chairman Carlsson stated that the Board always looks at both sides of these cases. Officer Silberstein stated that prior to this Board meeting he was 2 CE8 7/14/86 PAGE 3 glow under the impression that if a junk vehicle was moved into the driveway it was in compliance with the City Code. He further stated that since he had the provision to the Code clarified, he would begin to cite junk vehicles parked in a driveway not protected from the elements. F. Board Members - None VI. ADJOURNMENT Mr. Carroll made a motion to adjourn, seconded by Mr. Foley and approved unanimously . Meeting adjourned at 8:00 p.m. Frank Carlsson, Sr . Vice Chairman ATTEST: Deputy Clerk Amesbury 3