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HomeMy WebLinkAbout04-09-1984 Minutes MINUTES OF THE OCOEE CODE ENFORCEMENT BOARD MEETING HELD APRIL 9, 1984 PRESENT: MEMBERS: Linebarier, Carroll , Bourdo, Sorenson, Garlington Colburn, Barker, Attorney, and Deputy Clerk Jones ABSENT: None. CALL TO ORDER: Chairman Linebarier called the regular scheduled meetingto order at g 7:?2 p.m. . Chairman Linebarier led those present in the Pledge of Allegiance. Chairman Linebarier asked the Deputy Clerk to call the roll . Deputy Clerk Jones called roll and all were present. Chairman Linebarier asked if all the Board Members had received the packet sent by the City Manager and all replied yes. Adding to the Agenda Chairman Linebarier asked that the minutes reflect, in regard to the letter of March 28, 1984, from Mr. Griffin, , paragraph two. He stated that in the case of Ms Howell and her mother Mrs. Howell , all the articles have been complied with, per the letter, and there were no cases before the board on those individuals. Chairman Linebarier asked the boards permission to have Ms. Howell speak before the board at that time. All agreed. Ms. Howell began her statement with her attention on the letter sent to Mrs. Howell on January 9, 1984. She stated that the letter stated there 1:11 had been code violations pertaining to the property located at 474 S. Bluford Ave. She stated that she called the City Manager, Mr. Burgess, to find out exactly what the letter was saying, in reference to the violations. She stated that e Mr Burgess said he would have someone call her back to explain the letter. Ms. Howell said that Mr. Griffin called her back that afternoon and explained the letter pertained to the yard looking bad and the looks of the two old cars that had been abandoned in the driveway, without current tags. She stated that she asked Mr. Griffin to send copies of the regulations pertaining to the automobiles and the yard so that Ms. Howell and Mrs. Howell could use them to help decide as to what to do about the yard and the automobiles. Ms. Howell then stated that she and her mother had had personal problems arise to hinder her in complying with the letter. She said that she called City Hall and spoke with Mr. Griffin about her personal problems and was told not to worry that she and her mother would be granted an extension. She said that she put current tags on the car and was still asked to appear before the board on April 9, 1984, in regard to the looks of the yard. She stated that she took several friends and relatives to look at the yard and not one of them thought that the yard looked bad or needed mowing. She stated that she had not been informed yet as to whether the situation had been cleared up yet. Mr. Griffin then asked to beg her pardon. Ms. Howell said that after she called to ask what time the meeting was to be held this night, Mr. Griffin stated that the problem had been taken care of and that it was not necessary for Ms. Howell to appear before the board. She then stated that she had asked her mother's attorney to call City Hall and find out the status of 1 the situation and the attorney reported that everything had been taken care of pertaining to 474 S. Bluford Avenue. She asked the board to understand that she and her mother, Mrs. Howell had tried to comply with page 2. with the letters sent to her and Mrs. Howell and wanted to thank the board for letting her speak before them this night. 111 At this time Chairman Linebarier asked that the minutes reflect that Ms. Howell was never officially summoned before the board and that in the meeting of March 12, 1984, the board elected to send notification but that prior to tonight's meeting a letter was sent to the board from the City Manager, Mr. Burgess, stating that the various City Codes that were cited in the 474 S. Bluford case had been complied with. This letter was sent to the board on March 28, 1984. Chairman Linebarier asked if there were any statements to be brought before the board, at this time, pertaining to the statements given by Ms. Howell . Mr. Griffin stated that he had met with Ms. Howell at the residence and pointed out that the yard was in need of mowing. He also stated that the yard had been taken care of after the meeting of March 12, 1984. He stated, also, that the day of March 14, 1984,he told Ms. Howell that if she had complied with the violations stated in the letter, that there was no reason for her to be present at the Code Enforcement meeting and that she would not receive the summons. Chairman Linebarier asked if there were any statements or question from any of the board members. Mr. Carroll asked Ms. Howell to whom she spoke with at City Hall when she was told that she should not be concerned with the date of viola- tion. Ms. Howell stated that possibly it was Mr. Griffen; she really didn't remember. She stated that at that time she was told that there would be an extension but not told the exact time limit. Chairman Linebarier asked if there were any other remarks to be made by the board. None were made. Chairman Linebarier then asked if Mayor Ison had any remarks to make on the subject matter at hand. Mayor Ison stated that he had come in,to the meeting,durinq the end of the finishing statements pertaining to the matter at hand but that he did have a comment to make concerning the duties of the board it- self. He stated that he knew the board had a tough job because no one would be coming up to them and thanking them for citing them or making them fix something up. He stated that history shows that Rome fell because the government started treating people differently. He stated that he would not try to tell the board how to follow the Codes and that the board had his confidence in doing their job correctly. Chairman Linebarier stated to Ms. Howell that since the board had not actually taken an, official action against her or her mother pertain- ing to 474 S. Bluford Ave. , that the board could not act in any official capacity against or for the matter. 1 ., Chairman Linebarier then asked Mr. Hurst if' regarding the letter of March 28, 1984, to Mrs. Reeves, was the board given to understand that the code had been complied with. 1 page 3 Mr. Hurst stated that the codes had been complied with and the matter was closed. Chairman Linebarier asked that the minutes reflect that the case of Mrs. Reeves had been dropped. APPROVAL OF MINUTES OF MARCH 12, 1984 Mr Carroll motioned that the minutes of March 12, 1984, be accepted as wittten, Mr. Barker Seconded and the vote carried unanimously. At this time Mr. Griffin asked to speak before the board pertaining to the delivering of the notices of violation thru the U.S. Postal service. He stated that three letters were returned by the Postal Service because upon their attempt to deliver them there was no one home and thru the Postal services regular service of leaving notice at the address on the envelopes that there was a Certified letter to be picked up at the Post Office, no one attempted to claim the three letters returned to City Hall . Mr. Griffin felt that this would be a potential problem and asked the board to take this into concideration sence the letters had had to be hand delivered by the Ocoee Police Department. Attorney Hatcher explained the rules according to the statue states that the first attempts to deliver letters pertaining to code viola- tions were to be made thru Certified letters and that the second attempts were to be made by hand delivery by the Police Department of the City. He stated that since the regulation were being conform- ed to that the board might want to consider asking the City to make a choice, finding that the service by mail did not appear to be work- ing. Mr. Griffin stated that, the methods of delivery of letters pertaining to the cases being brought before the board at this meeting were, first hand delivery, by a Police Officer, and second Certified mail thru the Postal Service. Chairman Linebarier stated that the board would take the matter un- der concideration. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES CODE VIOLATIONS AT 468 LITTLE ASPEN Chairman Linebarier asked for Mr. Love to come forward. Mr. Love was not present at this time. Mr. Griffin, Assistant City Manager, was sworn in by Deputy Clerk Jones. Mr. Griffin stated that on February 23, 1984 Officer Caples, of the 1L0 Ocoee Police Department, cited Mr. Love for abandonment of a Black Plymouth car and for the junk in his yard. Mr. Griffin then stated that Officer Caples returned to Mr. Love's home on February 24, 1984 and found that nothing had been done concerning the violations. page 4 Furthermore, Mr. Griffin stated that he went, to '468 Little Aspen, to to check to see if the violations had been complied with and that the car had been repaired but there was still no current tag on the vehicle. He also stated that Mr. Love told him that he would be at the meeting this night. Chairman Linebarier ask that in accordance with Section 21.40 of the Code Enforcement Articles, was the vehicle in question considered to be Junk or an abandonment of a vehicle. Attorney Hatcher stated that according to the regulation a vehicle without a current tag, parked, is classified abandoned. Mr. Sorenson motioned to hold any action until Mr. Love could be given time to be present. Chairman Linebarier agreed,along with the other board members, to put off any futher discussion on 468 Little Aspen until the nearing of the end of the meeting, to give Mr. Love a chance to be present. At this time Chairman Linebarier ask for those who were present, to answer to code violations,to please come forward. REPORT ON 1500 LADY AVENUE Deputy Clerk Jones swore in Mr. Pollard. Chairman Linebarier asked if Mr. Pollard understood the code violation that were brought against his property. Mr. Pollard answered that he did understand. Mr. Griffin stated that on February 23, 1984, Officer Caples cited Linda Pollard for Miscellaneous trash and junk being allowed to accumulate upon the property and that on March 12, 1984, Officer Caples went back to the Pollards home and nothing had been done to correct the violations. The Officer again returned to the property on March 20, 1984 and there had still been no attempt to comply with the citations.and added that the back of the house was still underconstruction, a camper trailer was parked in front of the house, there was a broken down fence, discarded piece of fence and tires piled up in the front of the house. Mr. Griffin then stated that he had returned to the Pollard home on April 9, 1984, and that most of the items that were in the citation had been cleared up. Chairman Linebarier asked Mr. Hurst if the Pollards had a building permit for the construction on the back of their home and Mr. Hurst replied that they did. Mr. Sorenson ask to have the violation on the Pollards house, that were still in question, repeated. 1:10 Mr. Griffin stated that the fence was still not mended and that the piece of fencing was still lying around the yard, the tires were still piled up and he wasn't sure if they were in usuable condition. page 5 Mr. PollaIJ explained that the fence was given to him to put up in his yard and Lciat he did have most of the fence completed and that the piece of fence was the main gate to the complete fence and that he would have it put together as soon as he had the chance. Attorney Hatcher asked how long the fence had been on the property. Mr. Pollard stated that he had had the fence for two weeks. Mr. Hurst then stated that he felt that the Pollards had made a great improvement on the home since they had moved in three years ago. i Chairman Linbarier stated that the object of the Code Enforcement Board was to make sure that the city looked as clean as possible with out throwing any undo burden on the citizens and then asked Mr. Pollard as to when he felt he could complete the work on the fence. Mr. Pollard stated that he could complete the work the following week- end. Mr. Sorenson along with Mr. Colburn and Mr. Barker motioned to dismiss the case since in the discussion it was evident to them that the property was not now under violation of Section 6, of the Articles. Motion Seconded and carried unanimously.Y There was considerable discussion by all the board members and Attorney Hatcher as to exactly what constituted the word junk,as discribed in the various citations. Le Chairman Linbarier then asked Mr. Griffin if there were any other persons who should be present to answer to any other violations and Mr. Griffin stated that Mr. Oliver and Mrs. Wrye also needed to be present. There was more discussion on just what constituted the word junk and Attorney Hatcher suggested that the police department,in their citations, use the form that the building inspectors used for their citations. REPORT ON 1612 MAUREEN AVE. At 8:45 p.m. Mr. Oliver entered the chambers and Deputy Clerk Jones swore him in. Mr. Griffin stated the citations for Mr. Oliver and the board. Mr. Oliver stated that he didn't call a boat junk. Mr. Griffin repeated the citation on the boat and stated that the boat looked to be a dumping ground for yard trash. Mr. Oliver stated that he cleaned out the boat and put it in his back- yard. He also stated that the tires that were cited were still on their rims and as soon as he got a chance to he would take them off the rims and discard the tires. Mr. Hurst stated that he felt that there needed to be a new ordinance on parking boats on personal property, . page 6 Mr. Colburn stated that if Mr. Oliver would do something with the tires since this was the only item that had not been cleared from the citation then he recomended that the case be dismissed. Mr. Garlington motioned to dismiss the case and Mr. Sorenson seconded. The vote was carried unanimously. REPORT ON 474 MEADOW SWEET Mr. Griffin stated that Sue Wrye had received a Certified letter on March 16, 1984, to appear before the board. On March 24, 1984 Officer Caples inspected the property again and stated that the citations had not been complied with. On March 27, 1984, Mr. Griffin inspected the property and stated that the citations still had not been complied with. Mr. Barker motioned to have a Police Officer serve Sue Wrye with an injunction to appear before the board. Mr. Garlington seconded. Vote was carried unanimously. REPORT ON 476 MEADOW SWEET Mr. Griffin stated the violations of Miscellaneous trash and junk being allowed to accumulate upon the property. He stated that Betty Wimer was served notice to appear before the board on April 9, 1984. le Chairman Linebarier suggested to table the case to give Betty Winer a chance to appear before the board. The board agreed and the case was tabled till the next meeting. At 9:33 p.m. Chairman Linebarier asked if Mr. Love was in the audiance yet. He was not. Mr. Garlington motioned to cite Mr. Love and Mr. Colburn seconded the motion. The Vote was carried unanimously. At 9:45 Mr. Love had still not appeared at the meeting. Chairman Linebarier moved that the board give Mr. Love 10 days to comply with the citation pertaining to putting a current tag on the vehicle in question or to show that the vehicle is in operative condition or to remove the vehicle from his property. He suggested that that be ten (10) calendar days after notification. He suggested that if at that time the violation had not been complyed with then a fine of $15.00 a day should be imposed upon Mr. Love untill he showed that he had complied with the citation. Chairman Linebarier put his statement to motion and Mr. Carroll seconded the motion and the vote was carried unanimously. At this time Mr. Bourdo gave notice that he would be absent for six (6) months. Chairman Linebarier asked Mr. Burgess and Mr.. Griffin to help in recom- mending replacement. re lacement. • i' page 7 Chairman L,,iebarier motioned to adjourn the meeting and Mr. Bar -r seconded. Vote was carried unanimously. L The Meeting was adjourned at 10:16 p.m. . / w / / � /hairman Respectfully submitted, c.Gc/* ifee_ Duty/ erk i thir /A0' I