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Home My WebLink About09-25-2018 Minutes CITY OF OCOEE Code Enforcement Board September 25, 2018 I.CALL TO ORDER Chairman Lowery called the regular meeting Ocoee Code Enforcement Board to order at 7:00 p.m. in the Commission Chambers of City Hall located at 150 North Lakeshore Drive, Ocoee, Florida. A. INVOCATION: Vice-Chairman Carrington initiated the moment of silence. B. PLEDGE OF ALLEGIANCE: Member Lomneck led board in the Pledge of Allegiance to the U.S.flag. C. ROLL CALL AND DETERMINATION OF QUORUM: Code Enforcement Clerk Mieras performed roll call and declared quorum (4) present. PRESENT: Chairman Lowery,Vice-Chairman Carrington, Member Murray, Member Lewis, Member Lomneck, and Member Odom. Member Mirza (arrived at 7:20 p.m. after Roll Call). Also present: Board Attorney Mary Sneed, Support Services Director Al Butler, Code Enforcement Clerk Justin Mieras, and Code Enforcement Officers Theresa Rodriguez, Ed Loeffler, and Robert Siegrist. ABSENT: None. D. SWEARING OF OFFICERS/WITNESSES: Code Enforcement Clerk Justin Mieras administered the oath to the Code Enforcement Officers and to anyone intending to speak regarding a case. II. 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: August 28, 2018 Code Enforcement Board Meeting. B. DISMISSAL OR COMPLIANCE: Support Services Director Al Butler presented the dismissals and compliances. CASE NO 18-089 OFFICER RODRIGUEZ 903 SATIN LEAF CIRCLE STANLEY C. WASILCZYK Property in Compliance C. ORDER OF CONTINUANCE: None Vice-Chairman Carrington,seconded by Member Odom, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. III. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Vice-Chairman Carrington,seconded by Member Odom, moved to advance Cases 18-084, 18-087, & 18-088 to the beginning of the agenda, and then revert to normal order beginning with Case 18-074. Motion carried unanimously. 1IPage CASE NO 18-084 RIENDEAU REVOCABLE TRUST OFFICER RODRIGUEZ 1407 WANDA STREET C/O ERENEST E. RIENDEAU TRUST _ Violation Cited: §6-4. H. (6) (a)-(b) LDC Summary:Trailers of all types shall not be parked or stored for more than 48 hours in a residential district unless it is located behind the front yard building line and screened with a six-foot high opaque fence with gate. Observation:Two unscreened trailers on front of property. Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of September 25, 2018,the property is in compliance.The City asked the property be found in noncompliance as of July 30, 2018,for future repeat violation. Michael Gallagher, attorney representing client,who resides at 1407 Wanda Street, stated they have no objection if the determination of today is notice of future violation. Board Attorney Mary Sneed noted that as a notice of future violation, if the violation reoccurs within 5 years, it will become a repeat violation and there could be penalties from the day the violation is noticed. Michael Gallagher explained his client's father had recently passed away so his client had been out of town for the funeral the week of the notice. His client did remedy the problem when he returned. Vice-Chairman Carrington, seconded by Member Lomneck, moved that Case#18-084 be found in violation of Land Development Code § 6-4 H. (6) (a)-(b)as of July 30, 2018, and came into compliance as of September 25, 2018, with no fines assessed at this time. Motion carried unanimously. CASE NO 18-087 OFFICER RODRIGUEZ 1340 OLYMPIA PARK CIRCLE AMH 2014-1 BORROWER LLC Violation Cited: §108-23. E(1), R(1), City Code Summary: Roofs shall be structurally sound and not admit rain or cause dampness in interior of the building. Interior walls and ceiling shall be kept in sound condition. Observation:Ceiling leaking in multiple locations; i.e., living room and bathroom of the property. Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of September 25, 2018,the property is still in non-compliance. The City asked for an order of compliance within 15 days, or thereafter to be fined $50.00 per day per violation that remains in non-compliance. Ryan Estrada,tenant of 1340 Olympia Park Circle, spoke in support of Officer Rodriguez's request, as he has sent his landlord a notice of withholding rent because of these issues and the landlord has not responded. Vice-Chairman Carrington,seconded by Member Odom, moved that in Case#18-087, the respondent be found in violation as cited as of August 16, 2018, and be given until October 10, 2018, to come into compliance or be fined $200.00 per day per violation for as long as the violations remain. Motion carried unanimously. CASE NO 18-088 CASANOVA YILDA OFFICER RODRIGUEZ 609 E. LAKESHORE DRIVE DAVID SPOOR Violation Cited: §6-4. H.(6)(b) LDC Summary: Boats shall not be parked or stored in a residential district for more than 48 hours unless it is located 21 Page behind the front yard building line and screened with a six-foot high opaque fence with gate. Observation:Trailer/boat on front of property. Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of September 25, 2018,the property is still in non-compliance. The City asked for an order of compliance within 15 days, or thereafter to be fined $50.00 per day per violation that remains in non-compliance. David Spoor, resident of 609 E. Lakeshore Drive, stated he did not receive any notice of violation. He additionally argued that this area is boating community that has always had boats in their yard, that his boat has never been parked for more than 48 hours at a time, and that he is gathering material to build a fence but requests an additional month to complete it. Officer Rodriguez testified the notice of violation was sent certified mail to the respondents address but was not signed for. Director of Support Services Al Butler explained there were multiple cases open of this type in this area and explained the variance option. Vice-Chairman Carrington,seconded by Member Lomneck, moved that in Case#18-088, the respondent be found in violation as cited as of August 20, 2018, and be given until October 31, 2018, to come into compliance or be fined$75.00 per day until found in compliance. Motion carried unanimously. CASE NO 18-074 OFFICER LOEFFLER 1004 JAMELA DRIVE GERALDINE PROBEE ESTATE Violation Cited: §115-3. B. & §165-3.A. City Code Summary: No person shall allow or permit excessive growth,ten inches or more on property owned, of weeds,grass, undergrowth or other dead or living plant life. No person shall keep any abandoned or junk vehicle on any public property or any private property. Observation: Inoperable, expired tag vehicle parked upon unsurfaced unimproved yard with tall weeds and grass under and around vehicle. Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 25, 2018,the property is still in non-compliance. The City asked for an order of compliance within 7 days, or thereafter to be fined $50.00 per day per violation that remains in non-compliance. Vice-Chairman Carrington,seconded by Member Lomneck, moved that in Case#18-074, the respondent be found in violations as cited as of June 7, 2018, and be given until October 2, 2018, to come into compliance or be fined$50.00 per day per violation until found in compliance. Motion carried unanimously. CASE NO 18-075 OFFICER LOEFFLER 1512 JEMIMA AVENUE FRANCISO DELGADO Violation Cited: §6-4. H. (6)(b) LDC Summary: Trailers of all types shall not be parked or stored for more than 48 hours in a residential district unless it is located behind the front yard building line and screened with a six-foot high opaque fence with gate. Any such vehicle shall not be occupied, either temporarily or permanently, when it is parked or stored in any residential district, except when it is located in an authorized mobile home park. Observation:Trailer/camper with prohibited connection to water and electric. Occupancy of camper trailer.Trailer not 31 Page screened from view with 6 foot opaque fence and gate. Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 25, 2018 the property is still in non-compliance. The City asked an order of compliance within 7 days, or thereafter to be fined $50.00 per day the violation remains in non-compliance. Vice-Chairman Carrington, seconded by Member Odom, moved that in Case#18-075, the respondent be found in violation as cited as of June 6, 2018, and be given until October 2, 2018, to come into compliance or be fined$75.00 per day as long as the violation remains in non-compliance. Motion carried unanimously. CASE NO 18-076 OFFICER LOEFFLER 996 SATIN LEAF CIRCLE DOREEN S. BEASLEY ESTATE Violation Cited: §115-3. B., §115-3. C., &§108-35 City Code Summary: No person shall allow or permit excessive growth,ten inches or more on property owned, of weeds,grass, undergrowth or other dead or living plant life. No person shall allow or permit a pool to become or remain in an abandoned, unsafe or unsanitary condition. Any such condition is prohibited and declared to be a public nuisance and unlawful. When nuisance conditions degenerate to the extent that repair, removal, or securing is necessary for the public health, safety and welfare,then the Code Enforcement Board is authorized to order the property owner or City agents to repair, remove, or secure such structures. Observed:Open unsecured access to an in-ground swimming pool with green unsanitary water. Overgrown tall weeds and grass. Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 25, 2018 the property is still in non-compliance. The City asked the board to order the nuisances abated with the occurred costs recorded as liens and, until the city is able to abate the property, issue fines of$100.00 per day per violation that remains in non-compliance. Vice-Chairman Carrington, seconded by Member Lomneck, moved that in Case#18-076, the respondent be found in violation as cited as of August 18, 2018, and be given until October 2, 2018, to come into compliance or be fined $100.00 per day per violation as long as the violations remain in non-compliance and further authorizes the City to abate the property and add all costs of said abatement as a lien on the property. Motion carried unanimously. CASE NO 18-082 OFFICER SIEGRIST 1918 ST JAMES COURT NAFD0F21, LLC Violation Cited: §51-13 City Code Summary: It shall be a violation of this chapter for any person to do any work related to building or other type of construction work without first obtaining a permit from the Building Department. Observation: New fence. No permit issued. Officer Loeffler presented the case and gave its history making special note that the owner came in for a permit, however the permit was rejected as the fence is on the neighbor's property. Officer Loeffler further explained that as of September 25, 2018, the property is still in non-compliance. The City asked for an order of compliance within 10 days, or thereafter to be fined $50.00 per day the violation remains in non-compliance. 4IPage Vice-Chairman Carrington,seconded by Member Lewis, moved that in Case#18-082, the respondent be found in violation as cited as of July 21, 2018, and be given until October 5, 2018, to come into compliance or be fined$50.00 per day as long as the violations remain in non-compliance. Motion carried unanimously. CASE NO 18-083 OFFICER RODRIGUEZ 1509 ADRIATIC DRIVE STEVE IRISH Violation Cited: §165-4.A. B. C. D. City Code Summary: Any vehicle left parked in the same place continuously upon any public property for a period of 48 hours shall be considered abandoned. The absence of a currently registered license plate on a vehicle shall be prima facie evidence that a motor vehicle is nonoperating and any nonoperating vehicle shall be considered abandoned. Any vehicle left parked in the same place continuously upon any private property for a period of time in excess of 15 calendar days shall be considered abandoned. Any vehicle that is placed upon blocks and remains in this inoperable condition for more than 15 calendar days shall also be considered abandoned Observation: Untagged/inoperable vehicle on the property. Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of September 25, 2018,the property is in compliance.The City asked the property be found in noncompliance as of July 30, 2018,for future repeat violation. Member Odom,seconded by Vice-Chairman Carrington, moved that Case#18-083 be found in violation as cited as of July 24,2018, and found in compliance as of September 25, 2018, with no fines assessed at this time. Chairman Lowery asked for a roll call vote. Motion passed 6-1 with Member Lomneck objecting. II. OTHER BUSINESS CASE NO 18-079 OFFICER SIEGRIST 9051 A. D. MIMS ROAD BOYER SKAFF Property in Compliance CASE NO 16-102 OFFICER DIAZ 1 TAYLOR STREET JIMMY F SILLS Case Dismissed per Special Magistrate Support Services Director Al Butler explained the Special Magistrate's decision of dismissal for case 16-102. Additionally, Director Butler shared a "Findings of Fact, Conclusions of Law, and Order" form the City would like to adapt to the Code Enforcement Board's orders. Board Attorney Mary Sneed said she could provide the Board with adjusted motions that align with this new format as well as a new"Order Imposing Fine/Lien" form. COMMENTS Member Lomneck: Explained his reasoning for voting no in case#18-076, saying he wishes to hear from the respondent before qualifying them for future repeat violation. 5IPage Member Odom:Spoke of concerns mentioned during Commissioner Oliver's September 24, 2018,town hall meeting and was instructed by Board Attorney Mary Sneed to speak with the code officers separately. Chairman Lowery:Thanked everyone, especially the citizens,for coming out tonight. Meeting adjourned at 8:18 p.m. ATTEST: APPROVED: ow✓►WI CIPA- Justin Mieras Code Enforcement Clerk 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. 61 Page