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HomeMy WebLinkAbout07-09-1984 Minutes CODE ENFORCEMENT BOARD MEETING HELD JULY 9, 1984 PRESENT: CHAIRMAN LINEBARIER, BOB SORENSON, FRANK CARLSSON, R. BUD JAMES, ATTORNEY JOHN HATCHER, CITY MANAGER (We KEN GRIFFIN, DEPUTY CITY CLERK JONES ABSENT: GARY CARROLL, HARRY BOURDO, BOB COLBURN, DONALD BAKER CALL TO ORDER Chairman Linebarier called the regularly scheduled meeting to order at 7:31 p.m. . Chairman Linebarier led those present in the Pledge of Allegiance. ROLL CALL Chairman Linebarier stated the members present and introduced the alternate Board member to the Board, Mr. Bud James. Next he gave his and the Boards congratulations to the Newly appointed Acting City manager, Mr. Griffin. Bob Sorenson moved to approve the June 11, 1984, minutes as written and distributed and Frank Carlsson seconded the motion. The vote was carried unanimously. Mr. Hatcher asked Chairman Linebarier which of the absent members were excused from the night's meeting. Chairman 1Linebarier stated that Mr. Carroll was the only absent member that had not, as yet, reported his excuse to the Board. Coe HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARING REPORT ON PROPERTY AT 499 KINDLING COURT, CITATION NUMBER 84-3359 Deputy Clerk Jones swore in Mr. Griffin. Chairman Linebarier asked if Mr. Setaram was present or someone representing Mr. Setaram. At this time there was no answer and Chairman Linebarier asked Mr. Griffin to give an accounting on the Citation. Mr. Griffin stated that at the June 11, 1984, meeting all charges against Mr. Setaram were dropped except for the four trees that he had in containers in his yard and the fact that he was operating a business out of his home without the re- quired occupational lincense. Mr. Griffin stated that as of his inspec- tion on July 9, 1984, this date, Mr. Setaram had not complied with the citation from the Board, Mr. Setaram then entered the chambers and was sworn in by the Deputy Clerk. Mr. Setaram stated that the only trees remaining on the property were providing shade for some tropical plants that had to have shade to grow. He stated that the trees that were cited at the previous meeting were given to his neighbor across the street. Mr. Setaram then stated that the plants growing under the trees were being raised for the pur- • pose of seeding and could be harvested in November of 1984. Mr. Setaram then stated that as far as the occupational licenses, he had spoken to Mr. Hurst, the former Building Official, when he came to (100 Ocoee and decided to start his Landscaping business. He stated that at that time Mr. Hurst told him to obtain a license and that it cost Mr. Setaram forty dollars for subcontracting. Up through this year Mr. Setatam stated that he was trying to obtaida county license and that Mr. Hurst told him that he couldn't because of the fact that his home was not properly zoned. page 2 CODE ENFORCEMENT BOARD MEETING HELD JULY 9' 1984. have an occupational thave had ruled thatpa toLe hat he did Mr.license.eHe thenstated thattthe U.S. Supreme t Courtoperating a telephone statedto O- perate the Supreme Court had ruled that was not conclusive of the fact that he wa pesatess. Hebusiness statedssyouthatto have a meeting of individuals and, had. stated that again, a that thessin his home was not conclusive. thaHe shouldtatedh again, the phonehada and did not know his business andr. Sem ram, more Boards Attorney on the subject just as he, license hainvesth gating that the occupational that he, the Attorney, would find out was not required. understand, pots or unplantedrdwas on his• man Linebarier asked Mr. Seinramnlthe board to question Chairman nt, he had nothing pro- pertytot at excepthis mom ¢ Mr. Linebarier restated his o property and asking Mr. for vegetables,fhehad lanted trees on his ant that he Mr. Setaram if he had any unp t for tropical p special of before, under trees for shade. that were on a p Mr. Setaram stated that he did not except had spoken concrete place. at his then asked Mr. Setaram if he had a telephone, Mr. Linebarier in the phone book his business as being at 499 home, ndvertising Setaram stated that he did and then reit- Court, Ocoee. Mr. Supreme Court and the fact that he Kindling the U.S. business.theos didtno thefstatement onAttorney knew hisBoard Members, pointnot feel was ntee eBabl discussion the fact that BordM mbes, tint there considerable Mr. Saram on between the that ChapterMrThirteenSetr p and Mr. the Be CCity ofrOc clearly states the fact in the Ocoee Code the fact that he has no pick- am Mr. Griffin stated that Mr. Setaram had a was in violation of the code concerning and an occupation(.." pTticenses. Cheils Landscaping Pick- up Truck with a logo on the side statingSetaram stated that he telephone number under the logo. Mr. truck approximately two months ago. Ocoeehadtakenthelogo off of the under oath and Chairman Setaram that he was ruck ino his logo on any r. Linebarier remindedSetaram if he was Mr. Setaram still stChairmand tLinebariehe has r asked Mr. Setaram stated pay yard at this tip• phone in his home and Mr. had driv- en that businessa . rates on the une 1984, Mr. Carlsson stated that on ickupltruck with the logo hat he was. previously stated logo thepast side of ahemt homekat did Griffin had p revid onr of the truck that Mr. months ago. e so Mr. Setaram said that that could not over twocmo because as he hadprevious- ly stated, the logo had been removed Chaiz?�n that are in ques- tion, t regarding the four trees, that Kindling Court After considerable discussion on the above citation stay at Linebarier motioned that that the trees should be treesallowe�he° have not been removed 1984, and that if that Se not would o until November 1y November 15, 1984, cited against him. fromhthe pbeperty by penalty secondedt the motion and the vote was carried unanimously. that time be in violation and would have a Mr. Sorenson motionedn to have the Board dret Mr.licSetaramnse Chairman atLnCity Hall,thOcoee, Florida, for an occupational apply City Carlsson seconded the motion and the no to 1984. Mr. Le later than July 23, vote was carried uanirr►tusly.. page 3 CODE ENFORCEMENT BOARD MEETING HELD JULY 9, 1984 Chairman Linebarier then motioned to find that Mr. Setaram is 411, in violation for not having, an occupational license and that should Mr. Setaram not procure a license by July 23, 1984, a penalty of twenty five dollars afterday thatsheodoeslevied obtainrthe Setaram for every day there license. Mr. Sorenson stated to Mr. Setaram that the Board Members were giv- ing their services, to the City of Ocoee and the Citizens of Ocoee for free and that he, Mr. Sorenson, did not appreciate the slander- ous statements that Mr. Setaram had made this night against the Board, Board Attorney and the City Officials. Mr. Setaram reiterated that the City Officials, the Code Enforce- ment Board Members and the Board Attorney did not know what they were doing as far as their business. Chairman Linebarier told Mr. Setaram to not make any more slander- ous statements or the Board would have to have action taken against Mr. Setaram. Chairman Linebarier then apologized, for the statements made by Mr. Setaram, to the other Board members and to the City Man- ager and the audience of citizens. REPORT ON PROPERTY AT 492 KINDLING COURT, CITATION NUMBER 84-3363 Mr. Griffin stated that as of his inspection on the property on June (MY 26, 1984 and reinspection on July. 9, 1984, that Mr. Richard Paul had complied with the citation on violations. Mr. Sorenson motioned to dismiss the action against Mr. Paul and Mr. Carlsson seconded the motion. The vote was carried unanimously. REPORT ON PROPERTY AT THE VACANT LOT ON THE NORTH WEST CORNER OF ADAIR AND WURST ROAD Mr. Griffin stated that as of his inspection on the property on June 26, 1984, and reinspection on July 9, 1984, that Prima Vista had complied with the citation on violations. Mr. Sorenson motioned to dismiss the action against Prima Vista and Mr. Carlsson seconded the motion. The vote was carried unanimously. REPORT ON CITATIONNDEVELOPMENT CORPORATION FOR THE PROPERTY TED ATTHE INTERSECTION OFBLUORD ANDR STAR ROAD ON THE SOUTHWEST CORNER Mr. Griffin stated that the citation violation had not been complied with as of July 9, 1984/but that the City had received a letter from . Royal Canadian Development Corporaton stating that they had hired a Mr. Fields to take care of the property and that they were having difficulty getting in touch with Mr. Fields and that they had enclosed a copy of a letter they had sent to him. After some discussion on the above violation, Chairman Linebarier mo- tioned to find Royal Canadian Development Corporation in violation of noncompliance and to give them until August 1, 1984, to comply. Mr. Carlsson seconded the motion and the vote was carried unanimously. page 4 CODE ENFORCEMENT BOARD MEETING HELD JULY 9, 1984 Chairman_= Linebarier then motioned to have a penalty levied against 41019 Royal Canadian Development Corporation for Twenty Five dollars a day for every day after August 1, 1984, that they had not complied with the Moll i+on. Mr. Carlsson seconded the motion and the vote was car- ried unanimously. REPORT ON LAMONT J. DEDERICK, 1 EAST SILVER STAR, CITATION Mr. Griffin stated that the citation had been complied with except for the lumber piled between a shed and what seemed to him to be a garage. Mr. Griffinstated that he had had a talk with Ruth Aycock, the owner and landlord for the property and she stated that Mr. Dederick no longer lived there and that she would have a talk with the tenants. Mr. Sorenson motioned to continue the case until the next meeting to give the new tenants a chance to comply and Mr. James seconded the motion. The vote was carried unanimously. REPORT ON 109 EAST SILVER STAR ROAD, MR. GRIFFIS Mr. Griffin stated that there had been no compliance with the citation and that the yard, in fact, looked worse than before. Mr. Griffin stated that the notice for hearing had been hand delivered and that Mr. Griffis had not come. to the meeting tonight. Mr. Sorenson motion to give Mr. Griffis ten days to comply with the citation since he was now in violation of not compling and to levy a penalty of Twenty Five dollars every day after the Ten days that Mr. Griffis had not complied. Mr. Carlsson seconded the motion and the vote was carried unanimously. REPORTS ON 'd;►TEM$ G,H,I,J AND H ON 'THE AGENDA Chairman Linebarier stated that the packets sent to the Board included statements of violation with no notices of. hearing. Mr. Griffin stated that there was a little confussion with the disturbance of Official change over and gave an accounting on the citations as follows: Grove Between Orlando Ave. , and Columbus Street had complied, 300 Silver Star Road had complied, Grove on the West side of Bluford between Orlando Ave. and Columbus owned by Katheryn Barley, had com- plied, 474 South Bluford and Washington, on the East Side of Road had complied and Grove on West Side of Bluford directly across from the Ocoee Junior High School had complied, Giovanni Bonfanti, owner of Grove between Orlando Ave. and Columbus, East Side of Bluford had not as yet complied but would be brought before the Board at the next . meeting if not complied by that time. At this time, Chairman Linebarier asked all the members of the Board (100 to address the subject on the forms used by the Code Enforcement Board in notifying the citizens of violation, hearings, penalties, foreclosure, compliance, etc.; Form numbers 1.161 through 1.171. Mr. Sorrenson motioned to except the forms 1.161 through 1.171 as the official forms of the Code Enforcement Board and Mr. Carlsson seconded the motion. The vote was carried unanimously. page 5 CODE ENFORCEMENT BOARD MEETING HELD JULY 9, 1984 L Mr. Hatcher stated that, with the Boards permission, he was going to generate one more form between this meeting and the August meet- ing, which would allow for the kind of rulings that the Board gave out, this meeting, pertaining to order of compliance date and declare what the penalties would be when failure to comply ocurred. Mr. Griffin asked the Board if there could be an addition to form number 1.163. He stated that he would like to add the date that the observation of violation was made because some of the citizens receiv- ing this form, stating their violation in referrence to the need to mow their grass, have been calling City Hall to state that their grass is mowed. He stated that maybe the violation was observed on a certain date and the citizen mowed their grass the day before they received the letter and can not understand the reason behind it. The board agreed to have Mr. Hatcher make the change for form 1.163. CITY BUILDING OFFICIAL - MR. ALDRIDGE Mr. Aldridge reported that he had some violationithat would be coming before the board soon. At this point there was considerable discussion on the ordinance per- taining to Code Enforcement and the changes that needed to be made. Mr. Griffin introduced Wesley oy - the Little Sentinel representa- tive, to the Board and the Citizens present. Mr. Sorenson now motioned to adjourn and Mr. Carlsson seconded the motion. The vote was carried unanimously. The meeting adjourned at 9:10 p.m. . „dr/ • _ man Depuity Clerk /� `�J • � 1�+ ` � � � � TELEPHONE(305)686-8188 l LAW OFFICES OF ((7,6,C cF f 4/ JOHN E. HATCHER, JR., P.A. 1E0 EAST MAPLE STREET P. O. BOX 1550 WINTER GARDEN, FLORIDA 32787 MEMORANDUM DATE: July 6, 1984 T0: Code Enforcement Board City of Ocoee FROM: John E. Hatcher, Jr., Board Attorney RE: Enforcement of Occupational License Tax Provisions of the Code of Ordinances. City of Ocoee, Florida The purpose of this memorandum is to answer the following questions concerning the enforcement of the occupational license tax provisions (Chapter 13 of the Code of Ordinances, City of Ocoee, Florida, the "code") ; 1. Does the board have jurisdiction over the enforcement of Chapter 13 of the code? 2. What sanctions may the board impose for violations of Chapter 13 of the code? 3. Does Chapter 13 require that a person who maintains an office in his home pay a municipal occupational license tax? 1. Does the board have jurisdiction over the enforcement of Chapter 13 of the code? Yes, Section 2 of Ordinance No. 741, of the City of Ocoee, expressly confers jurisdiction over violations of the occupational license tax code, Chapter 13, Article 2 of the code, on the board. • 2. What sanctions may the board impose for violations of Chapter 13 of the code? a. Subsection E of Section 13-44 provides that a person who violates the occupational license tax ordinance shall be punished by imprisonment not exceeding 60 days or by fine not exceeding $500.00, or by both fine and punishment. b. Section 8 of Ordinance No. 741, as amended by Section 5 of Ordinance No. 744, empowers the board to order the violator to pay a fine not to exceed $250.00 for each day the violation continues past the date set for compliance. 'SII✓ Code Enforcement Board July 6, 1984 Page 2 c. Even though the ordinance the board is charged with power to enforce provides for certain punishments, the board has power only to impose the penalties that are authorized by the ordinances which created the board. Section 2 of Ordinance No. 741 provides that the board's jurisdiction is not exclusive, but that the enforcement officer has the option of seeking appropriate remedies in court or before the board. If the City seeks enforcement of the ordinance before the board, the board is limited to imposing those penalties authorized by the ordinances which created the board, but if the City elects to enforce the ordinance through the courts, then the punishments provided by Chapter 13 would apply. 3. Does Chapter 13 require that a person who maintains an office in his home M pay a municipal occupational license tax? a. Section 13-17 of the code provides that: "A license tax as provided for in this ordinance must be paid by every person engaged in any of the busi- " r+, nesses, professions or occupations specified or de- scribed in this article." b. Section 13-18 of the code provides that: "A license tax is hereby imposed and levied upon and shall be collected from every person exercising the priviledge of carrying on or engaging in the busi- nesses, professions or occupations specified or de- scribed in this article, or any of them, in the amount prescribed in the applicable Paragraph of Section 13-43 of this article, or prescribed elsewhere in this article, being the amounts payable as a license tax for exercising such priviledge or carrying on or engaging in any such business, profession or occupation, for each license year or such shorter period as may be specified in Section 13-43 of this article." c. Section 13-35 of the code provides that: "Any person operating any of the businesses provided for in this article at more than one location, each location shall be considered a separate business and a separate license certificate therefor required unless otherwise provided for in this article." Code Enforcement Board July 6, 1984 Page 3 d. It would appear from the sections of the code set out above, that if a person maintains a business office in his home within the city limits of the City of Ocoee, that person is required to pay the applicable occupational license tax for that business office. The sections of the code do not condition liability for the tax on whether or not the person maintaining the business office engages in business activities with customers inside or outside of the City of Ocoee. .0 ' John E. Hat e , J'.