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HomeMy WebLinkAbout11-11-1985 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD NOVEMBER 11, 1985 I . ROLL CALL PRESENT: Chairman Frank Carlsson , Vice Chairman Ed Foley , Members Gary Carroll and Mary Ellen Frame, City Manager Ken Griffin, Attorney John Hatcher, Building Official Sam Gerace, Building Inspector Bill Hager and Deputy Clerk Susan Amesbury. ABSENT: Joe Marbais , Bob Sorenson and Alternate Donald Barker . Chairman Carlsson called the meeting to order at 7: 31 p .m. and led every- one in the Pledge of Allegiance to the flag. II . REVIEW AND APPROVAL OF MINUTES A. Mr . Carroll made a motion to accept the minutes of the October 14 , 1985 meeting as printed, seconded by Mrs. Frame and approved unanimously . B. Mr. Carroll made a motion to approve the minutes of the October 21, 1985 Workshop, seconded by Mr. Foley and approved unanimously. III . VIOLATIONS HEARINGS A. Chairman Carlsson stated that Case #85-23 on Randy Tinney had been dismissed by the City due to compliance by the respondent . B. Case #85-24, Vernon Mundy As a matter of record, Mr . Mundy was present to represent himself . At this point City Manager Griffin introduced the new Building Official Sam Gerace to the Board. Mr . Mundy acknowledged receipt of the Notice of Hearing from the City. Mr. Gerace stated that Mr . Mundy had mowed the front portion of his property but the back portion was not in compliance per his inspection on November 11, 1985 . Chairman Carlsson questioned Mr. Mundy about the length of the grass in the back yard and Mr. Mundy stated it was about 24 inches high . Mr . Mundy also stated there were also plants , etc . growing there . City Manager Griffin asked Mr . Mundy if he was aware that there had been complaints from his neighbors about marijuana growing in his back yard and Mr . Mundy said he was not aware of these complaints and that they were unfounded. Mr . Mundy then questioned the Board about the acceptance of a privacy fence . Chairman Carlsson stated that the privacy fence was not in the jurisdiction of the Code Enforcement Board, so the Board could not address the fence issue , only that the back yard was not in compliance with the City Code . Attorney Hatcher then stated that the ordinance addressed the issue of tall grass, not exception on the condition of sight by the neighbors and the reasoning for this was that the tall grass harbours rats, snakes, insects, etc . that could endanger the safety of citizens . At this time Mr . Mundy gave a statement to the Board, he stated he had a strong feeling for a natural way of life in his neighborhood and his back yard particularly. In his studies of the Native American way of life he had learned to walk on the earth in a sacred manner and to treat nature and wildlife sacredly. He said that perhaps he was trying to apply these beliefs in a haphazard manner but his parents had been farmers and part of his position was based on the American Ideals of personal freedom. He cited Daniel Boone and Davy Crockett as examples of men not afraid of critters and said he does not agree with the ordinance . In closing, he stated he believed in more personal freedom and wished to live in a natural fashion . Attorney Hatcher asked Mr. Mundy how long he had lived at his present address and Mr . Mundy stated he had lived at 412 Little Spring Hill Dr . since about 1980. CEB MINUTES 11/11/85 PAGE 2 Attorney Hatcher then stated the ordinance in question had been in effect since the early 1970 ' s and that the Code Enforcement Board did not make ilimv ordinances or even neccesarily agree with them, the only question before the Board is if there is a violation of the ordinance . He also stated if Mr. Mundy was so strongly opposed to this kind of ordinance, he should have inquired about it before he purchased a home here and perhaps selected another site . Mr. Mundy said he found a mix of homes in Ocoee and pointed out the City is surrounded by wildlife that the ordinance is trying to wipe out and asked if the idea was to be free of wildlife. He said he only wanted to tell his side of the story, that the neglect of his back yard was not out of laziness, that he had about 50 species of plants growing there . Chairman Carlsson stated the duty of the Board was to hear both sides of the story. City Manager Griffin submitted to Mr. Mundy that citizens brought the problem to the City ' s attention . Mr. Mundy stated he was aware of the neighbors complaints and that he would like an extension. Chairman Carlsson asked if there were any questions from the Board or Mr. Mundy. There being none, Chairman Carlsson asked the Board for their decision. Mr . Carroll made a motion to find Mr . Mundy in non-compliance with 24 hours (until November 13 , 1985) to cut his back yard and a $15 .00 fine a day therafter for each day of non-compliance. Mr. Foley seconded the motion and it was approved unanimously . Chairman Carlsson stated the Board had to comply with the law and that they try to be fair and maybe Mr. Mundy could make a garden with his plants . As a matter of record Mr. Mundy was given and signed a Compliance Order in the presence of Deputy Clerk Amesbury. IV. OTHER BUSINESS A. The notice of dismissal on Betra Torez , case # 85-19 was distributed to the Board members in their packets and there were no comments. B. Review of the Proposed Junk Vehicle Ordinance - amendment to Section 21 of the City Code. City Manager Griffin stated the Board members had before them the rewrite of the proposal and that he was prepared for comments . There were none from the Board members at that time . C. Review of the Proposed Amendments to Board Rules and Forms. City Manager Griffin stated he thought the Board was ready to adopt the proposed amendments and were waiting for a regular meeting to do so . Chairman Carlsson asked for a motion. Mrs. Frame made a motion to adopt the Hearing Rules, seconded by Mr. Foley and carried unanimously. Mr. Foley made a motion to adopt the Proposed Amemdments to the Board Admin- istration Rules, seconded by Mrs. Frame and motion carried unanimously . IV. COMMENTS A. City Manager - None B. Fire Inspector - None C. Building Inspector - None D. Citizens - None E. Board Members - None Attorney Hatcher asked City Manager Griffin when the Proposed Junk Vehicle Ordinance was up for the City Commission to consider . City Manager Griffin stated the first reading was scheduled for November 19, 1985. CEB MINUTES 11/11/85 PAGE 3 Mrs. Frame made a formal motion to forward to the City Commission the (bychanges in the Proposed Junk Vehicle Ordinance as amended and approved by the Board, seconded by Mr. Foley. At this point Attorney Hatcher recommended the following changes: (1) Section 2 of the Proposed Junk Vehicle Ordinance "amending Section 21-18 of the City Code" be changed to read "amending Section 21-35 of the City Code" . (2) Section 2 of the Proposed Junk Vehicle Ordinance which amends Section 21-35 , delete the definition of abandoned and insert the definition as follows: "Abandoned when used in connection with "junk vehicle" means property that the owner has no apparent intention of remaining in possession of the property" . (3) Section 3 of the Proposed Junk Vehicle Ordinance which amends Section 21-36 of the City Code , at the end of the paragraph be changed from "Section 21-37" to read "Section 21-38" . Mrs. Frame amended her motion to include the changes on counsels ' advice , Mr . Foley seconded and motion approved unanimously . VI . ADJOURNMENT By unanimous consent of the Board, the meeting adjourned at 8: 15 p .m. -414 46, Fran- Carlss. , Sr . ATTEST: 41111 Deputy Clerk Amesbury L