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HomeMy WebLinkAbout01-23-2018 Minutes CODE ENFORCEMENT BOARD MINUTES January 23, 2018 Chairman Lowery called the regular meeting of the Ocoee Code Enforcement Board to order at 7:00pm in the Commission Chambers at City Hall. Vice-Chairman Carrington initiated the moment of silence, and Member Murray led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Lowery, Vice-Chairman Carrington, Member Odom, Member Lomneck, and Member Murray. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Amber Landry. ABSENT: Member Lewis Administrative Assistant Coffey administered the oath to the Code Enforcement Officers and to anyone intending to speak regarding a case. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CODE ENFORCEMENT BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, IN WHICH CASE THE CHAIRMAN WILL INSTRUCT THE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. A. Minutes of the November 28, 2017, Code Enforcement Board Meeting. Assistant Support Services Director—Code Enforcement Manager Doug Gaines presented the dismissals and compliances. B. Dismissal or Compliance. Case Number Respondent Location of Violation 17-087 Thelma K Birmingham 2149 Ancient Oak Drive Greg A Birmingham 17-088 Dawn Carpenter 640 Jay Street 17-075 American Homes 4 Rent 250 Misty Meadow Drive Properties Three, LLC Case Number Respondent Location of Violation 18-003 Adbur R Sikder 2010 Lady Avenue Zohora Sikder 18-005 Remington Oaks Property 2108 Hargate Court Owners Assn., Inc. 18-006 Romo De Vivar Liam 1900 Adair Street C. Order of Continuance (February 27, 2017 Meeting) Case Number Respondent Location of Violation 18-007 Cherelyn J Vignati 2003 Adair Street Vice-Chairman Carrington, seconded by Member Lomneck, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. COMMENTS FROM CITIZENS ABOUT ITEMS NOT ON THE AGENDA None. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Case No. 17-079 Chevon Stallworth Officer Siegrist 4991 Timber Ridge Trl Vernet Stallworth Violation Cited: 119-2 Observation: Operating a business ("Greater Vision Family Care Home") within Corporate City limits without a current/valid City Occupational License. 08/15/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/08/17 BC 11/09/17 STATEMENT OF VIOLATIONS BC 11/09/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/09/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/15/17 AFFIDAVIT OF POSTING OFFICER SIEGRIST BC 11/28/17 ORDER OF CONTINUANCE MEETING DATE: 01/23/17 BC Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of January 23, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $100.00 per day thereafter that the violation remains in non-compliance. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-079, the respondent be found in violation as cited as of August 25, 2017, and be given until February 9, 2018, to come into compliance or be fined$100.00 per day until found in compliance. Officer Siegrist indicated that the wrong cited day was given and explained that the respondents were granted an extension until November 06, 2017. Amended Motion Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-079, the respondent be found in violation as cited as of November 07, 2017, and be given until February 09, 2018, to come into compliance or be fined $100.00 per day until found in compliance. Motion carried unanimously. Case No. 17-091 2015-0c1978 Land Trust Officer Siegrist 1978 Applegate Dr. C/O Secured Capital Trust, LLC Trustee Violation Cited: 115-3B, 115-3A(3) Observation: Weeds/grass over 10". Also, misc. trash/debris. 12/10/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 12/28/17 BC 01/02/18 STATEMENT OF VIOLATIONS BC 01/02/18 NOTICE OF HEARING MEETING DATE: 01/23/17 BC 01/02/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of January 23, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. The City is also requesting authorization to abate the nuisance and assess cost to the fine. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-091, the respondent be found in violation as cited as of December 16, 2017, and be given until February 9, 2018, to come into compliance or be fined $50.00 per day per violation until found in compliance. Further authorize the City to abate the property and assess cost to the fine. Motion carried unanimously. Case No. 17-092 Francillon Jeanty Officer Siegrist 4983 Sawdust Cir. Violation Cited: 108-23Q Observation: Six (6) foot wooden fence in disrepair with missing slats and fallen down sections. 12/05/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 12/22/17 BC 01/02/18 STATEMENT OF VIOLATIONS BC 01/02/18 NOTICE OF HEARING MEETING DATE: 01/23/17 BC 01/02/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of January 23, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 30 days or be fined $50.00 per day thereafter that the violation remains in non-compliance. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case #17-092, the respondent be found in violation of 108-23Q as cited as of December 20, 2107, and be qiven until March 01, 2018 to come into compliance or be fined $25.00 per day until found in compliance. Motion carried unanimously. Case No. 18-001 American Homes 4 Rent Officer Siegrist 2039 Applegate Dr. Properties Seven, LLC Violation Cited: 115-3B Observation: Weeds/grass over 10" 12/21/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/04/18 BC 01/04/18 STATEMENT OF VIOLATIONS BC 01/04/18 NOTICE OF HEARING MEETING DATE: 01/23/18 BC 01/04/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of January 23, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $50.00 per day thereafter that the violation remains in non-compliance. The City is also requesting authorization to abate the nuisance and assess cost to the fine if the property becomes vacant. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #18-001, the respondent be found in violation as cited as of January 02, 2018, and be given until February 9, 2018, to come into compliance or be fined $50.00 per day until found in compliance. Further authorize the City to abate the property and assess cost to the fine in the event the property becomes vacant. Motion carried unanimously. Case No. 18-002 Swh 2017 - 1 Borrower LP, LLC Officer Loeffler 2009 Paula Michelle Ct. (Swh 2017-1 Borrower GP, LLC) Colony Starw000d Homes Mgmt., LLC Attn: Julianna Blanchette Para-Legal Rep Violation Cited: 115-3A, LDC6-4H(6)(b) & (c), 108-24D Observation: 3-trailers prohibited locations; 2-large white box/cargo trailer parked stored front yard. 1-portable generator lighting trailer parked alongside of house. Front and side yard littered with piles of white plastic chemical bottles. Conditions constituting a nuisance, creating a blighted effect upon the neighborhood and changing the character of a residential area. 12/29/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/08/18 BC 01/09/18 STATEMENT OF VIOLATIONS BC 01/09/18 NOTICE OF HEARING MEETING DATE: 01/23/18 BC 01/09/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 01/09/18 AFFIDAVIT OF POSTING BC Officer Loeffler presented the case and gave its history. Officer Loeffler did explain that 2 of the 3 trailers have been removed. He also shared that the large white chemical bottles have been removed; however,the pile of tires still remains. Officer Loeffler further explained that as of January 23, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Member Odom, seconded by Member Lomneck, moved that in Case #18-002, the respondent be found in violation as cited as of January 8, 2018, and be given until February 9, 2018, to come into compliance or be fined$50.00 per day per violation until found in compliance. Motion carried unanimously. Case No. 18-004 Towns of Westyn Bay Officer Loeffler 500 Fortanini Cir. Community Assn. Right of Way Easement Parcel ID 06-22-28-8657-00-002 Violation Cited: 115-4, LDC6-1 Observation: Easement frontage outside of wall along Ocoee-Apopka Road; right-of-way landscape maintenance, pedestrian side walk area. Complainants report site-plan required vegetation, trees and grass not maintained and partially encroaching sidewalk path endangering pedestrians and students walking to school. (See attached aerial for exact location) 10/10/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 01/08/18 BC 01/09/18 STATEMENT OF VIOLATIONS BC 01/09/18 NOTICE OF HEARING MEETING DATE: 01/23/18 BC 01/09/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 01/09/18 AFFIDAVIT OF POSTING BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of January 23, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 15 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Due to public safety concerns the City is also requesting authorization to abate the nuisance and assess cost to the fine. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #18-004, the respondent be found in violation as cited as of November 03, 2107, and be given until February 9, 2018, to come into compliance or be fined $50.00 per day per violation until found in compliance. Further authorize the City to abate the property at its discretion and assess cost to the fine. Motion carried unanimously. OTHER BUSINESS Case No. 17-069 Brian E Davis Officer Diaz 307 Ohio Street Violation Cited: 108-19.0 Observation: Attractive Nuisance, Unsanitary Living conditions without required approved City of Ocoee water service and No Duke Energy electricity since September 27, 2016, Duke Energy was out at this property in reference to power theft. RV on the property is also being used as living quarters for homeless people and illegal activities. Public nuisance Conditions constituting an extreme life safety danger. Extremely Unsecured house: Attractive Nuisance. Miscellaneous junk/debris on property. Untagged/Inoperable junk vehicles on the property. 07/20/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 08/30/17 BC 09/13/17 STATEMENT OF VIOLATIONS BC 09/13/17 NOTICE OF HEARING MEETING DATE: 09/26/17 BC 09/13/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 09/20/17 ORDER CONTINUANCE MEETING DATE: 10/24/17 BC 10/24/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON BC 08/07/2017 TO COMPLY BY 11/02/2017 OR FINE $150.00 PER DAY, PER VIOLATION. FUTHER AUTHORIZE CITY TO ABATE THE PROPERTY SHOULD IT BECOME VACANT AND ADD FEES TO FINE. 11/02/17 AFFIDAVIT OF COMPLIANCE 165-3 BC 11/07/17 AFFIDAVIT OF COMPLIANCE 165-3, 108-22 BC 11/13/17 AFFIDAVIT OF COMPLIANCE 108-35, 108-24 C,D, LDC6-4h(6) (B)(iii)BC 11/28/17 COMPLIANCE ORDER EXTEND COMPLIANCE DATE TO BC 12/22/17 Asst. Support Services Director - Code Enforcement Manager Doug Gaines reported the property is in full compliance. No further action was required by the Board. Case No. 17-070 Kelly Michelle Panchou Officer Rodriguez 109 Lafayette St Jason Wade Panchou Violation Cited: 165-4 Observation: Untagged/ Expired Tag/Inoperable Vehicle on the property. 08/15/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 09/29/17 BC 10/24/17 STATEMENT OF VIOLATIONS BC 10/24/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 10/26/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/08/17 AFFIDAVIT OF POSTING OFFICER RODRIGUEZ BC 11/28/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED BC ON 08/30/17. TO COMPLY BY 12/15/17 OR FINE OF $25.00 PER DAY UNTIL IN COMPLIANCE. 12/18/17 AFFIDAVIT OF COMPLIANCE OFFICER RODRIGUEZ BC Asst. Support Services Director - Code Enforcement Manager Doug Gaines reported the property is in full compliance. No further action was required by the Board. Case No. 17-076 Ernesto Rodriguez Officer Loeffler 1001 Doreen Ave Violation Cited: 115-3B, 115-3A(3), 108-24D, 168-6B Observation: Overgrown and tall weed and grass growth over 10." Inoperable untagged expired tag truck parked upon grass side yard loaded with old rolls of carpeting. Misc. junk, trash, debris, beer cans littering property. Vehicles parking upon unsurfaced/unimproved front yard grass. 10/17/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 011/06/17 BC 11/06/17 STATEMENT OF VIOLATIONS BC 11/06/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/06/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/09/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 11/28/17 COMPLAINCE ORDER FOUND IN VIOLATION AS BC CITED ON 11/03/17. TO COMPLY BY 12/13/17 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. Officer Loeffler reported the property is in non-compliance. Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #17-076 to impose fines as of December 14, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-078 Ralph P. Kitchens SR Estate Officer Loeffler 1003 Burgoyne Street Violation Cited: 115-3A(3), 165-3A, 165-4A Observation: Misc. Junk & debris littering property. Untagged / expired tag in-operable vehicle with evidence of abandonment parked next to driveway. 10/16/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/06/17 BC 11/09/17 STATEMENT OF VIOLATIONS BC 11/09/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/09/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/09/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 11/28/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED BC 10/31/17. TO COMPLY BY 12/13/17 OR FINE OF $50.00 PER DY, PER VIOLATION. UNTIL VOLATIONS ARE IN COMPLIANCE. Officer Loeffler reported the property is in non-compliance. Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #17-078 to impose fines as of December 14, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-081 Angel M Matos Officer Loeffler 1201 Russell Drive Paula J Matos Violation Cited: LDC 6-4H(6)(b)(c), 108-24D, 115-3A(3) Observation: In-operable, expired tag / no-tag trailer and RV camper stored in back yard and not screened from view with a six foot (6') opaque fence and gate. RV camper has long ago expired tag and evidence in-operation including flat tires and covering of mold and dirt. Trailer has no tag and is sinking into dirt. Additionally a pile of old outdoor furniture is behind trailer and RV. All conditions constituting a nuisance to the public health, safety and welfare and creating a blighted effect upon the neighborhood and the city proper. 09/05/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/13/17 BC 11/13/17 STATEMENT OF VIOLATIONS BC 11/13/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/13/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/14/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 11/28/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON BC 10/15/17, TO COMPLY BY 12/29/17 OR FINE OF $25.00 PER DAY, PER VIOLATION. UNTIL VOLATIONS ARE IN COMPLIANCE. Officer Loeffler reported the property is in non-compliance. Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #17-081 to impose fines as of December 30, 2017, as previously set by this board. Motion carried unanimously. Case No. 17-082 Juan M Gutierrez Officer Loeffler 1001 Sabrina Drive Maria G Prieto Violation Cited: 165-3A, 168-6B(1), 115-3B Observation: Expired tag vehicle; tall weeds and grass under vehicle - parked upon surfaced unimproved grass lawn. 10/17/17 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 11/14/17 BC 11/15/17 STATEMENT OF VIOLATIONS BC 11/15/17 NOTICE OF HEARING MEETING DATE: 11/28/17 BC 11/15/17 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 11/15/17 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 11/28/17 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED ON BC 11/01/17, TO COMPLY BY 12/13/17 OR FINE OF $50.00 PER DAY, PER VIOLATION, UNTIL VOLATIONS ARE IN COMPLIANCE. Officer Loeffler reported the property is in non-compliance. Officer Loeffler recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chairman Carrington, second by Member Odom, moved that in Case #17-082 to impose fines as of December 14, 2017, as previously set by this board. Motion carried unanimously. 2018 CODE ENFORCEMENT BOARD NOMINATIONS/ELECTION OF CHAIRMAN AND VICE CHAIRMAN Chairman Lowery opened the floor for nomination for Chairman. Member Lomneck nominated Chairman Lowery. Chairman Lowery accepted the nomination. Member Lomneck, seconded by Vice-Chairman Carrington, moved to elect Member Lowery as Chairman for 2018. Motion carried unanimously. Chairman Lowery opened the floor for nomination for Vice-Chairman. Member Odom nominated Vice-Chairman Carrington. Vice-Chairman Carrington accepted the nomination. Member Odom, seconded by Member Lomneck, moved to elect Member Carrington as Vice- Chairman for 2018. Motion carried unanimously. COMMENTS City Staff and Board Members congratulated Chairman Lowery and Vice Chairman Carrington on their re-appointment to their respective position. Chairman Lowery - Thanked City Staff for the newly complied motion list and confirmed with Board Attorney Mary Sneed that they are correct. He then asked the Board Members to review and memorize the various motions. Chairman Lowery also noted that Officer Siegrist is back and doing well after his surgery, he asked everyone to keep him in your thoughts. Chairman Lowery ended the meeting thanking the City for a job well done. Meeting adjourned at 7:40pm ATTEST: APPROVED: r 400 arriQQ,, LanciA. Amber Landry, CEB Recording i-rk Darrell Lowery, Chairman Notice: Any person who desires to appeal any decision at this meeting will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting.