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HomeMy WebLinkAbout06-26-2018 Minutes CODE ENFORCEMENT BOARD MINUTES June 26, 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 Odom 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, Member Lewis, Member Murray, and Member Mirza. Also present were Board Attorney Mary Sneed, Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Theresa Rodriguez, Edward Loeffler and Robert Siegrist; Administrative Assistant Bridgett Coffey, and Recording Clerk Amber Landry. 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 April 24, 2018, 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 18-036 James A Cardwell 428 Little Spring Hill Drive (Unknown Tenants) Jennifer Beason 18-042 Rojas Estrella 221 S Kissimmee Ave Davia Osfredo Rojas 18-046 Joseph Manke 328 Meadow Sweet Court 18-047 Salvador Medina 1104 Kimball Drive 18-048 Leon P Dowling Jr 1504 Mona Ave 18-050 Conner Darian Fitzgerald 1512 Prairie Lake Blvd 18-052 Bennie R Lamb II 6813 Cross Cut Court 18-053 Ernesto Rodriguez 1001 Doreen Ave 18-059 Javier Diaz 705 Crystal Drive 18-060 Jill M Calabro 2335 Alclobe Circle Cecil Lynfred Allen C. Order of Continuance (July 24, 2017 Meeting) Case Number Respondent Location of Violation 18-007 Cherelyn J Vignati 2003 Adair Street 18-043 2015-0C1978 Land Trust 1978 Applegate Drive C/O Secured Capital Trust LLC Trustee 18-057 Doreen S Beasley Estate 996 Satin Leaf Circle Ditech Financial LLC Vice-Chairman Carrington, seconded by Member Odom, 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 No. 18-044 Tracy Lynn Smith Officer Loeffler 1301 Flewelling Ave Violation Cited: 115-3A, 108-35, 108-24D, 108-19C.D.F., 108-22, 108-23E, 82-4, 82-3 Observation: UNSANITARY/UNSAFE CONDITIONS-NUISANCE CONDITIONS CONDITIONS CHANGING THE CHARACTERISTICS OF A RESIDENTIAL NEIGHBORHOOD No connection to electric service utility in-violation of Minimum Housing Standards. Operating a portable generator to supply electric power in violation of Minimum Housing Standards and creating a noise nuisance. Property littered with used furniture, clothing,junk and debris. Unpermitted garage sale activity creating unusual traffic. Roof covered in tattered tarps and allowing moisture into the structure; not an 06-26-18 CEB Meeting Page 12 approved roof covering material. All conditions constituting a nuisance and contributing to a blighted effect upon the neighborhood. 04/11/18 NOTICE OF CODE VIOLATION REINSPECTION DATE: 05/09/18 BC 05/09/18 STATEMENT OF VIOLATIONS BC 05/09/18 NOTICE OF HEARING MEETING DATE: 05/22/2018 BC 05/09/18 ALL DOCUMENTS SENT BY REG. & CERT. MAIL BC 05/09/18 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 05/22/18 ORDER OF CONTINUANCE MEETING DATE: 06/26/2018 BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of June 26, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $100.00 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 if the property becomes vacant. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case#18-044, the respondent be found in violation as cited as of April 6, 2018, and be given until July 6, 2018, to come into compliance or be fined $100.00 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. No. 18-045 Joseph A Rodriguez Officer Loeffler 1213 Baranova Road Violation Cited: 108-4D, 115-3A, 51-17A, LDC6-4(6)A, 165-3A Observation: CONDITIONS CHANGING THE CHARACTERISTICS OF A RESIDENTIAL NEIGHBORHOOD AND CONDITIONS CREATING A BLIGHTED EFFECT UPON THE NEIGHBORHOOD AND THE OVERALL CITY PROPER. Residentially zoned area utilized for storage of multiple oversized commercial vehicles (dump trucks). Oversize commercial vehicle egress to rear and side yard over public sidewalk, easement and curb as well as unsurfaced portion of private property. Heavy-duty forklift in backyard utilized for dump truck maintenance / repairs. Beer bottles, can boxes, trash, junk littering property. Broken crumbling cement landscape rubbish and debris front yard on each side of driveway. Untagged / inoperable vehicles parked /stored back yard. 04/03/18 04/23/18 NOTICE OF CODE VIOLATION REINSPECTION DATE: 05/09/18 BC 05/09/18 STATEMENT OF VIOLATIONS BC 06-26-18 CEB Meeting Page 13 05/09/18 NOTICE OF HEARING MEETING DATE: 05/22/2018 BC 05/09/18 ALL DOCUMENTS SENT BY REG. & CERT. MAIL BC 05/09/18 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 05/22/18 ORDER OF CONTINUANCE MEETING DATE: 06/26/2018 BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of June 26, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Further discussion ensued. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case#18-045, the respondent be found in violation as cited as of April 18, 2108, and be given until July 6, 2018, to come into compliance or be fined$75.00 per day per violation until found in compliance. Motion carried unanimously. No. 18-051 Clark Oliver Officer Siegrist 6828 Cross Cut Court Edna Oliver Violation Cited: 115-3B, 108-23Q Observation: Weeds / grass over 10". Also, six (6) foot wooden fence in disrepair with missing slats and fallen down sections. 05/08/18 NOTICE OF CODE VIOLATION REINSPECTION DATE: 05/22/18 BC 05/23/18 STATEMENT OF VIOLATIONS BC 05/23/18 NOTICE OF HEARING MEETING DATE: 06/26/2018 BC 05/23/18 ALL DOCUMENTS SENT BY REG. & CERT. MAIL BC Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of June 26, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case#18-051, the respondent be found in violation as cited as of May 18, 2018, and be given until July 6, 2018, to come into compliance or be fined$50.00 per day per violation until found in compliance. Motion carried unanimously. 06-26-18 CEB Meeting Page 14 No. 18-055 Stanley C Wasilczyk Officer Loeffler 903 Satin Leaf Circle Violation Cited: 6-4H(6), 115-3B, 108 35 Observation: Large recreational camper trailer parked / stored in prohibited location; over 36' in length. Prohibited connection to utilities and prohibited occupancy. Tall weeds and grass front, side and rear yards. Conditions constituting a nuisance, contributing to a blighted effect upon the neighborhood including the residential characteristics of a neighborhood. 05/29/18 NOTICE OF CODE VIOLATION REINSPECTION DATE: 06/12/18 BC 06/13/18 STATEMENT OF VIOLATIONS BC 06/13/18 NOTICE OF HEARING MEETING DATE: 06/26/2018 BC 06/13/18 ALL DOCUMENTS SENT BY REG. & CERT. MAIL BC Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of June 26, 2018, the property is still in non- compliance. The City is requesting an order of compliance within 10 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Further discussion ensued. Officer Loeffler clarified that violation 108-35 was an error, and should be removed. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case #18-055, the respondent be found in violation for 6-4H(6) and 115-38 as of June 10, 2018, and be given until July 6, 2018, to come into compliance or be fined $75.00 per day per violation until found in compliance. Motion carried unanimously. No. 18-061 William T Powell Sr. Officer Rodriguez 1038 Windswept Court Tenant/ Resident Violation Cited: 115-5B, 95-3 Observation: OVERGROWN GRASS/WEEDS AND FENCE 05/31/18 NOTICE OF CODE VIOLATION REINSPECTION DATE: 06/14/18 BC 06/14/18 STATEMENT OF VIOLATIONS BC 06/14/18 NOTICE OF HEARING MEETING DATE: 06/26/2018 BC 06/14/18 ALL DOCUMENTS SENT BY REG. & CERT. MAIL BC 06/14/18 AFFIDAVIT OF POSTING BC 06-26-18 CEB Meeting Page 15 Officer Rodriguez presented the case and gave its history. The Board asked for clarification on the case being heard, as the docket did not match the testimony given. Administrative Assistant Bridgett Coffey clarified that the observation in the docket was incorrect. Board Attorney Mary Sneed directed the board to dismiss the observation given in the docket, and base their determination on the testimony that is given. Officer Rodriguez further explained that as of June 26, 2018 the property is still in non- compliance. The City is requesting an order of compliance within 21 days or be fined $50.00 per day per violation thereafter that the violation remains in non-compliance. Member Lomneck, seconded by Member Odom, moved that in Case#18-061, the respondent be found in violation as cited as of June 10, 2018, and be given until July 17, 2018, to come into compliance or be fined $50.00 per day per violation until found in compliance. Motion carried unanimously. OTHER BUSINESS Case No. 18-028 Ronald Ward Officer Loeffler 910 Ursula Street Mathew Ward Violation Cited: 115-3A, LDC 6-4(b), 108-35, 108-24D Observation: Un-tagged. In-operable large boat trailer with inoperable large boat in back yard not screened from view. Cargo trailer prohibited location not screened from view. Misc.junk, debris,tools, rubbish, equipment, rubble littering property. Conditions constituting a nuisance and menace and creating blighted effect upon the neighborhood. 02/07/18 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 02/28/18 BC 03/01/18 STATEMENT OF VIOLATIONS BC 03/01/18 NOTICE OF HEARING MEETING DATE: 03/27/18 BC 03/01/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 03/15/18 AFFIDAVIT OF POSTING OFFICER LOEFFLER BC 03/27/18 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED BC AS OF 02/22/18 TO COMPLY BY 04/11/18 OR FINE $50.00 PER DAY, PER VIOLATION. UNTIL COMPLIED. 04/24/18 EXTENDED COMPLIANCE ORDER ORDER TO EXTEND COMPLIANCE BC DATE TO 05/21/2018 OR BACK TO ORIGINAL ORDER. 06-26-18 CEB Meeting Page I6 05/22/18 ORDER OF CONTINUANCE MEETING DATE: 06/26/18 BC Officer Loeffler reported that the property is in full compliance. No further action was required by the Board. Case No. 18-030 Craig W Smalley Officer Rodriguez 1434 Vickers Lake Drive Belsis Smalley Violation Cited: 165-4A,B(1)(a)(b)(2),C,D Observation: Untagged/ Expired Tag/ Inoperable Vehicle with flat tires on the property. 02/21/18 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 03/12/18 BC 03/13/18 STATEMENT OF VIOLATIONS BC 03/13/18 NOTICE OF HEARING MEETING DATE: 03/27/18 BC 03/13/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 03/15/18 AFFIDAVIT OF POSTING OFFICER RODRIGUEZ BC 03/27/18 ORDER OF CONTINUANCE MEETING DATES: 04/24/18 BC 04/12/18 PROOF OF POSTING 04/24/18 AFFIDAVIT OF NON COMPLIANCE OFFICER RODRIGUEZ BC 04/24/18 ORDER OF CONTINUANCE MEETING DATE: 06/26/18 BC Officer Rodriguez reported the property is in non-compliance. Officer Rodriguez recommended an order of non-compliance, requesting that the board impose fine and lien. Vice-Chaiman Carrington, seconded by Member Lomneck, moved that in Case #18-030 to impose fines as of May 2, 2018, as previously set by this board. Motion carried unanimously. Case No. 18-035 Arianna Carrington Officer Loeffler 900 Perce Street Violation Cited: 165-3, 168-681 Observation: 4 untagged vehicles and 1-junk & inoperable vehicle parked and stored upon unsurfaced unimproved portion of property. 03/05/18 NOTICE OF CODE VIOLATION RE-INSPECTION DATE: 04/05/18 BC 04/11/18 STATEMENT OF VIOLATIONS BC 04/11/18 NOTICE OF HEARING MEETING DATE: 04/24/18 BC 04/11/18 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL BC 06-26-18 CEB Meeting Page 17 04/24/18 COMPLIANCE ORDER FOUND IN VIOLATION AS CITED BC ON 03/20/18 TO COMPLY BY 05/01/18 OR FINE OF $70.00 PER DAY UNTIL IN COMPLIANCE. 05/22/18 ORDER OF CONTINUANCE MEETING DATE: 06/26/18 BC 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 Odom, moved that in Case #18-035 to impose fines as of May 2, 2018, as previously set by this board. Motion carried unanimously. COMMENTS The Board welcomed Member Mirza and expressed gratification in having a full Board. Member Murray stated he was pleased to be back. Member Odom expressed that she was glad to be back, and thanked the City for a wonderful Volunteer Appreciation Dinner. Vice-Chairman Carrington thanked the City Staff for a job well done. Board Attorney Mary Sneed wished everyone a Happy 4th of July. Asst. Support Services Director - Code Enforcement Manager Doug Gaines informed Member Mirza that his Board shirt has been ordered. He also thanked the residents that came into compliance. Chairman Lowery reminded the residence watching at home that we have 2 alternate positions open if anyone is interested. He then requested a workshop to update and educate the Board. Further discussion ensued. It was determined that the Recording Clerk Amber Landry would exchange communication with the Board to determine a date and time to conduct the workshop. Meeting adjourned at 7:37pm 06-26-18 CEB Meeting Page 18 ATTEST: APPROVED: arnbal tAnr/111, erA70&41 Amber Landry, CEB Recording 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. 06-26-18 CEB Meeting Page 19