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10-27-2020 Minutes CITY OF OCOEE Code Enforcement Board October 27,2020 I.CALL TO ORDER Chair 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: Chair Odom & Members: Lewis, Mirza, Bandur, Stewart, &Shropa. Also present: Board Attorney Mary Sneed, Assistant Support Services Director Doug Gaines, Code Enforcement Clerk Justin Mieras,and Code Enforcement Officer Siegrist. 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:September 22, 2020 Code Enforcement Board Meeting. B. DISMISSAL OR COMPLIANCE:Assistant Support Services Director Doug Gaines presented the dismissals and compliances. CASE NO 2019-01054 OFFICER RODRIGUEZ 1774 CASSINGHAM CIR CAMPBELL ARTHUR J Property in Compliance CASE NO 2020-01514 PADILLA MONTOYA YOLANY OFFICER LOEFFLER 6825 CROSSCUT CT MARIELY SANDOVAL LUIS Property in Compliance CASE NO 2020-01615 OFFICER LOEFFLER 1600 MONA AVE CAMP GORDON SCOTT CAMP JOANNA Property in Compliance CASE NO 2020-01920 OFFICER SIEGRIST 2402 AULD SCOT BLVD ADAMS R CLINT Property in Compliance CASE NO 2020-01965 OFFICER LOEFFLER 1021 CABALLERO CT SUAREZ REYNALDO Property in Compliance CASE NO 2020-02044 OFFICER SIEGRIST 9051 A D MIMS RD BOYER SKAFF Property in Compliance CASE NO 2020-02100 OFFICER LOEFFLER 1512 JEMIMA AVE DELGADO FRANCISCO Property in Compliance C. ORDER OF CONTINUANCE: None. Member Bandur, seconded by Member Lewis, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. III. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS CASE NO 2020-02028 OFFICER SIEGRIST 2668 MANGOSTINE LN AKINS WESLEY AKINS MERTHA Violation Cited: §6-4.H.(6)(b) Summary: §6-4.H.(6)(b)— Recreational vehicles (RV) 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: §6-4.H.(6)(b)—One (1) Ford E350/whi/FL tag#EKF8/exp.AUG-20/parked in front driveway. Officer Siegrist presented the case and gave its history. Officer Siegrist further explained that as of July 28, 2020, the property is still in non-compliance. The City asked for Order of Compliance by November 06, 2020, or thereafter to be fined$50.00 per day until found in compliance. Respondent Wesley Akins explained the City the cited this vehicle under a different code in 2018 and how that case was eventually dropped after talks between himself and city staff. He further explained how the City is now citing the same issue under a different code. Mr.Akins explained the new code cited was inapplicable to his situation. Discussion ensued about the code cited,the definition of recreational vehicle, and potential resolutions. Member Bandur,seconded by Member Shropa,moved that in Case#2020-02028, the respondent be found in violation as cited as of September 14,2020, and be given until January 1,2021, to come into compliance or be fined$15.00 per day the violation remains in non-compliance. Motion Failed 3-3. Member Stewart, seconded by Member Mirza, moved that in Case#2020-02028, the City be not found to have met the burden of proof for this case in defining the vehicle as a recreational vehicle and moved that Case #2020-02028 be dismissed. Motion Failed 3-3. Member Bandur,seconded by Member Stewart, moved that Case#2020-02028 be dismissed. Motion passed 6 to 1 with Member Shropa opposed. IV.CASE RESOLUTION 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 explained that as of October 27,2020,the property is still in non-compliance.The City asked for an Order Imposing Fine. Member Bandur, seconded by Member Mirza, moved that Case in #2020-01820, the Board imposes fines as of October 08, 2020, as previously set by this Board. 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 explained that as of October 27, 2020,the property is still in non-compliance.The City asked for an Order Imposing Fine. Member Stewart,seconded by Member Bandur, moved that Case in#2020-01879, the Board imposes fines as of October 08,2020, as previously set by this Board. Motion carried unanimously. 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 Assistant Support Services Director Doug Gaines explained that as of October 22,2020,the property is in compliance. No further action requested. 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 October 19, 2020,the property is in compliance. No further action requested. V.VICE-CHAIR ELECTION Member Lewis nominated Member Lewis Member Bandur nominated Bandur Member Stewart nominated Member Stewart Member Bandur was elected as Vice-Chair by a vote of 3 votes Bandur, 2 votes Lewis, & 1 vote Stewart. VI. COMMENTS A. November Meeting Discussion The City noted the November meeting would fall two days before Thanksgiving and asked the members for a conformation that at least four members would be present. B. The City confirmed no Code Board Meeting in December. C. Member Mirza asked the City to look into potential areas where the Code contradicts itself. D. Member Stewart reminded everyone about proper decorum during others speaking times. Meeting adjourned at 8:10 p.m. ATTEST: APPROVED: Justin Mieras, Code Enforcement Clerk Valerie Odom, air 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.