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09-22-2020 Minutes CITY OF OCOEE Code Enforcement Board September 22,2020 I.CALL TO ORDER Vice-Chairman Odom called the Code Enforcement Board regular meeting to order at 7:00 p.m. in the Commission Chambers of City Hall located at 150 North Lakeshore Drive,Ocoee, Florida. A. INVOCATION: Member Bandur initiated the moment of silence. B. PLEDGE OF ALLEGIANCE: Member Lewis led the 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 a quorum (4) present. PRESENT: Vice-Chair Odom & Members: Lewis, Mirza, Bandur, Stewart, &Alternate Member Shropa. Also present: Board Attorney Mary Sneed, Assistant Support Services Director Doug Gaines, Code Enforcement Clerk Justin Mieras,and Code Enforcement Officers Rodriguez,Siegrist,& Loeffler. ABSENT: Member Mann is an excused absence. D. SWEARING OF OFFICERS / WITNESSES: Code Enforcement Clerk 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 BYA 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 25, 2020 Code Enforcement Board Meeting. B. DISMISSAL OR COMPLIANCE: Assistant Support Services Director Doug Gaines presented the dismissals and compliances. CASE NO 2020-01488 OFFICER LOEFFLER 1028 SATIN LEAF CIR RINCON IGNACIO Property in Compliance CASE NO 2020-01791 OFFICER DIAZ 209 W SILVER STAR RD OCOEE RENTALS TRUST Property in Compliance CASE NO 2020-01793 DAVIS DONALD J JR OFFICER DIAZ 488 WINDING HOLLOW AVE DAVIS MARCIA LIN WILLIAM COX DAVIS TRUST 1/3 INT Property in Compliance CASE NO 2020-01794 OFFICER LOEFFLER 1000 BELSAY RD BLACK CHESTINA Property in Compliance CASE NO 2020-01847 OFFICER SIEGRIST 715 RICH DR YANES WILLIAM Property in Compliance CASE NO 2020-01868 OFFICER RODRIGUEZ 104 OLYMPUS DR HILL CLIFFORD HILL MILDRED Property in Compliance CASE NO 2020-01886 OFFICER SIEGRIST 1978 APPLEGATE DR U S BANK NA TRUSTEE Property in Compliance CASE NO 2020-01933 OFFICER RODRIGUEZ 182 N LAKESHORE DR HILLIARD JADE A Property in Compliance CASE NO 2020-01951 OFFICER LOEFFLER 1505 JEMIMA AVE SAUCEDO PEREZ LEONARDO Property in Compliance CASE NO 2020-01968 OFFICER RODRIGUEZ 1410 KIRBY ST TORRES FLORES SANJUANA Property in Compliance CASE NO 2020-01975 OFFICER DIAZ 928 GROVESMERE LOOP DOWNEY KENNETH E DOWNEY SANDRA L Property in Compliance CASE NO 2020-01992 • OFFICER DIAZ 209 W SILVER STAR RD OCOEE RENTALS TRUST Property in Compliance C. ORDER OF CONTINUANCE: CASE NO 2020-01514 PADILLA MONTOYA YOLANY OFFICER LOEFFLER 6825 CROSS CUT CT MARIELY SANDOVAL LUIS Continued to the October 27, 2020, Meeting CASE NO 2020-01615 OFFICER LOEFFLER 1600 MONA AVE CAMP GORDON SCOTT CAMP JOANNA Continued to the October 27,2020, Meeting Member Bandur, seconded by Member Mirza, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. Member Odom,seconded by Member Stewart, moved that Case#2020-01953 be moved to the beginning of the agenda and then revert to the original agenda with Case#2020-01820 and all subsequent cases. Motion carried unanimously. III. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS CODE CASE NO 2020-01953 OFFICER SIEGRIST 2961 FOXTAIL BND SNARSKI WILLIAM Violation Cited: §115-3.B. Summary: §115-3.B.—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. Observation: §115-3.B.—Weeds/Grass Over 10" Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of September 22, 2020, the property is still in non-compliance.The City asked for Order of Compliance by October 02, 2020, or thereafter to be fined$25.00 per day, per violation until found in compliance. Respondent William Snarski explained the grass was cut once, but he could not keep up with the grass growth recently. The Board asked if October 2nd was enough time to bring the property into compliance. He stated he should have the property mowed by then. Member Bandur,seconded by Member Mirza, moved that in Case#2020-01953, the respondent be found in violation as cited as of September 1,2020, and be given until October 2,2020, to come into compliance or be fined$25.00 per day,per violation that remains in non-compliance. Motion carried unanimously. CASE NO 2020-01820 OFFICER LOEFFLER 134 MOBILE LN MARTINEZ JOSE A Violation Cited: §115-3.A(3) Summary: §115-3.A(3)—No person shall allow or allow to remain any Junk or Debris classified as nuisance and menace to public health, safety and welfare. Observation: §115-3.A.(3)—Dangerous, Dead,Stricken,Tree Endangering Structures, Persons, Property Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is still in non-compliance.The City asked for Order of Compliance by October 7, 2020,thereafter to be fined $15.00 per day, per violation until found in compliance. Member Stewart, seconded by Member Bandar, moved that in Case#2020-01820, the respondent be found in violation as cited as of August 23,2020, and be given until October 7,2020, to come into compliance or be fined$15.00 per day,per violation that remains in non-compliance. Motion carried unanimously. CASE NO 2020-01879 OFFICER LOEFFLER 511 NICOLE BLVD NAVARRO ADOLFO ESTVA BAUTISTA Violation Cited: §5-1.E.(1)(a) Summary: §5-1.E.(1)(a) — No land shall hereafter be used or occupied unless in conformity with all of the regulations herein specified for the district in which it is located. Observation: §5-1.E.(1)(a)—Complaint Received Zoning Violation; Business Changing Neighborhood Residential Tranquility; Observed Off Site Business Debris Dumped Curb Side,Visible Trailers, Equipment, Parts,Scrap Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is still in non-compliance. The City asked for Order of Compliance by October 7, 2020, or thereafter to be fined $15.00 per day, per violation until found in compliance. Member Mirza, seconded by Member Lewis, moved that in Case#2020-01879, the respondent be found in violation as cited as of August 17, 2020, and be given until October 7, 2020, to come into compliance or be fined$15.00 per day, per violation that remains in non-compliance. Member Stewart,seconded by Member Odom moved to amend the motion to the higher the fine amount to$25.00 per day. The amendment failed 3-3. Original Motion carried with Member Stewart opposing. CASE NO 2020-01904 OFFICER RODRIGUEZ 704 CARMEN DR SMITH BENTON WESLEY SMITH JINNY RENEE Violation Cited: §6-4H.(6)(b), §115-3.A., &§115-3.B. Summary: §6-4H.(6)(b)—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. §115-3.A. — No person shall allow or allow to remain any Junk or Debris classified as nuisance and menace to public health,safety and welfare. §115-3.B.—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. Observation: §6-4H.(6)(b)—Trailer in the front of property §115-3.A.—Trash/debris around property §115-3.B.—Overgrown Grass/Weeds Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of September 22, 2020,the property is still in non-compliance.The City asked for Order of Compliance by October 7,2020,or thereafter to be fined$25.00 per day, per violation until found in compliance. Respondents Jinny and Benton Smith asked for more time and explained the property has been mowed and cleaned some of the junk and debris but due to his health issues they could not bring the property into compliance by today. Member Bandur, seconded by Member Mirza, moved that in Case#2020-01904, the respondent be found in violation as cited as of September 02,2020, and be given until October 22, 2020, to come into compliance or be fined$25.00 per day, per violation that remains in non-compliance. Motion carried unanimously. IV.CASE RESOLUTION CASE NO 2020-01501 POORANMAL SHAAN OFFICER SIEGRIST 2525 OCOEE RESERVE CT ANTHONY POORANMAL DENISE DEVI Violation Cited: §51-13. Summary: §51-13.—It shall be a violation to do work related to construction without first obtaining a permit. Observation: §51-13.—Work Without Permit. New Pavers/Slab in Back Yard as Patio. Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of September 22, 2020, the property is still in non-compliance.The City asked for an Order Imposing Fine. Member Stewart,seconded by Member Mirza,moved that in Case#2020-01501, the Board imposes fines as of September 07,2020, as previously set by this Board. Motion carried unanimously. CASE NO 2020-01641 OFFICER RODRIGUEZ 410 E LAKESHORE DR CANTU SHAUN P Violation Cited: §6-4.H.(6)(b) &§115-3.B. Summary: §6-4.H.(6)(b)—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. §115-3.B.—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. Observation: §6-4.H.(6)(b)—Boat/Trailer Parked In The Driveway §115-3.B.—Overgrown Grass/Weeds Officer Rodriguez presented the case and gave its history. Officer Rodriguez further explained that as of September 22, 2020,the property is still in non-compliance of§115-3.B.The City asked for an Order Imposing Fine. Member Lewis,seconded by Member Bandur, moved that in Case#2020-01641, the Board imposes fines as of September 07,2020,for Section 115-3.B. as previously set by this Board. Motion carried unanimously. CASE NO 2020-01801 OFFICER LOEFFLER 568 3RD AVE DESROSIERS MARIE JOSIANE Violation Cited: §165-3.A. & §168-6.C. Summary: §165-3.A.—No person shall keep any abandoned or junk vehicle on any public property or any private property. §168-6.C.—The parking of commercial vehicles; camping/travel trailers; hauling trailers; recreational vehicles(RV); boats or camping vehicles on privately owned streets and public road rights-of-way or on any private property which is zoned residential shall be prohibited.Additionally,construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road right-of-way. Observation: §165-3.A.—Multiple Junk Vehicles: Observed Pick-Up Truck And Oversize Commercial Vehicle §168-6.C.—Multiple Junk Vehicles: Observed Pick-Up Truck And Oversize Commercial Vehicle Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is still in non-compliance.The City asked for an Order Imposing Fine. Member Stewart,seconded by Member Mirza,moved that in Case#2020-01801, the Board imposes fines as of September 12,2020, as previously set by this Board. Motion carried unanimously. CASE NO 2020-01803 OFFICER LOEFFLER 595 2ND AVE HALL TRAVIS LEVON Violation Cited: §165-3.A. Summary: §165-3.A.—No person shall keep any abandoned or junk vehicle on any public property or any private property. Observation: §165-3.A.—2 Complaint Received; Inoperable No-License Tag Vehicles Parked Upon Rear Yard Grass Corner Lot No Fence Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is still in non-compliance.The City asked for an Order Imposing Fine. Member Mirza,seconded by Member Bandar,moved that in Case#2020-01803, the Board imposes fines as of September 10,2020, as previously set by this Board. Motion carried unanimously. CASE NO 2020-01815 OFFICER LOEFFLER 1508 JEMIMA AVE SHEPHERD FAMILY TRUST Violation Cited: §115-3.B. Summary: §115-3.B.—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. Observation: §115-3.B.—Overgrown/Tall Weeds And Grass. Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is in compliance. No further action requested. CASE NO 2020-01821 OFFICER LOEFFLER 1208 ADELEIDE CT SOTO ARTURO Violation Cited: §43-7.A.(1), §108-24.D., §115-3.B., §168-4.A.(1), &§168-6.0 Summary: §43-7.A.(1)—The keeping of fowl or other barnyard animals within residentially zoned areas is a nuisance if such animals creates excessive noise or noxious odors. §108-24.D.—It shall be unlawful to use a residential property for the storage of any abandoned motor vehicle, ice box, refrigerator,stove,glass, building material, building rubbish or similar items. It shall be the duty every such owner and occupant to keep the premises of residential properties clean and to remove all such abandoned items. §115-3.B.—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. §168-4.A.(1)—Parking is prohibited in grassed or landscaped portions of all public and private roadways and rights-of- way. §168-6.C.—The parking of commercial vehicles; camping/travel trailers; hauling trailers; recreational vehicles(RV); boats or camping vehicles on privately owned streets and public road rights-of-way or on any private property which is zoned residential shall be prohibited.Additionally,construction and lawn equipment trailers and vehicles shall not be parked in the front yard or the road right-of-way. Observation: §43-7.A.(1)—Complaint Received; Barnyard Animal Noise Nuisance;Audible Recorded Multiple Roosters §108-24.D.—Empty Beer Bottles In Yard And Bottle Caps All Over Grass §115-3.B.—Tall Weeds And Grass Front,Side, Rear Yards §168-4.A.(1)—Vehicle Blocking Pedestrian Sidewalk §168-6.C.—Oversize Commercial Vehicle Parked Stored In Residential Area Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is still in non-compliance of violation §43-7.A.(1).The City asked for an Order Imposing Fine. Member Lewis, seconded by Member Mirza, moved that in Case#2020-01821, the Board imposes fines as of September 10,2020, as previously set by this Board for 43-7.A.(1)only. Motion carried unanimously. CASE NO 2020-01862 TOWNS OF WESTYN BAY OFFICER LOEFFLER FORTANINI CIR COMMUNITY ASSOCIATION INC Violation Cited: §165-3.A. Summary: §165-3.A.—No person shall keep any abandoned or junk vehicle on any public property or any private property. Observation: §165-3.A.—Expired Tag Non-Operational Vehicle Not Moved In A Long Time Using Up Required Parking Across From 555 Fortanini Cir. Officer Loeffler presented the case and gave its history. Officer Loeffler further explained that as of September 22, 2020, the property is in compliance. No further action requested. V.COMMENTS Member Mirza asked about the range of the fine amounts being given by the Board. Board Attorney Mary Sneed explained the City provides recommendations, but the Board can choose any fine amount between$0.00 and$250.00 for first time violations. Board Attorney Mary Sneed also discussed factors the Board may take into consideration when determining fines. Discussion ensued between the Board Members. Member Mirza asked for larger exhibit pictures. Assistant Support Services Director Doug Gaines announced that Mr. Lowery had resigned from the Board. Code Enforcement Clerk Mieras explained the process for electing a new chair and asked the Board if they would like to make a motion for a new chair tonight, or place the item on the next agenda. Member Lewis,seconded by Member Bandur, moved that Member Odom be appointed as the new Chair.Motion carried unanimously. The Board, by unanimous consent, added the Vice-Chair nomination to the October next meeting. Meeting adjourned at 8:18 p.m. ATTEST: APPROVED: Justin Mieras Code Enforcement Clerk Valerie Odom, it 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.