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03-28-2006 Minutes NMI MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MARCH 28,2006 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:03 p.m. in the Commission Chambers at City Hall. Member Hopper led the Invocation and Chairman Godek led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice-Chairman Chancey, Members M. Godek, Hopper, Morton, and Stanley, Alternate Members Ballard and Lenko (arrived 7:14 p.m.). Also present were Building Official Jones, Code Enforcement Officers Braddy-Bagwell and Loeffler, Permitting Clerk Ramos, Attorney Sneed, and Administrative Assistant III Aycock. Permitting Clerk Ramos administered the oath to Code Enforcement Officers Braddy- Bagwell, Loeffler, and Siegrist, and anyone intending to speak regarding a case. `r► CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED 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. The following item was discussed out of agenda order Building Official Jones stated all articles under Agenda Item IV have either come into compliance or have been dismissed for lack of service. He gave the following information per case: A. Case 06-018 —Respondent has come into compliance. B. Case 06-023 —Dismissed due to lack of service. C. Case 06-024—Respondent has come into compliance. Chairman Godek inquired about Case Number 06-018 being a repeat violator. Code Enforcement Officer Loeffler said there was an unusual circumstance involved in the case. Member Morton, seconded by Vice-Chairman Chancey, moved to transfer Case Numbers 06-018, 06-023, and 06-024 from Agenda Item IV into the Consent Agenda. Motion carried unanimously. The Original Consent Agenda consisted of approval of Items A, B, and C below. `'fir Code Enforcement Board Minutes March 28,2006 A. Minutes of the February 28, 2006, Code Enforcement Board Meeting B. Dismissal or Compliance Case Number Respondent Location of Violation 1. 06-009 Reginald D. Baker Jr. 1984 Applegate Drive 2. 06-014 Genero Mendoza 893 Kimball Drive 3. 06-015 Innovative Financial Services City Wide C. Order of Continuance(April 25, 2006, Meeting) none Member Hopper, seconded by Member Morton, moved to approve the Consent Agenda as presented with the amendments suggested by Staff Motion carried unanimously. COMMENTS FROM CITIZENS Barbara Buehrer, 717 Suzette Drive, explained that a house behind hers had burned almost two years ago and a pool still exists in the yard. She said she has reported to Code Enforcement in the past because the pool is black and dangerous and asked if the City could do something about that. Building Official Jones knew of the case and said he would research it. Code Enforcement Officer Siegrist stated he had responded to this complaint and fees and liens are accruing while the property remains in non-compliance. vow HEARINGS OF STATEMENTS OF VIOLATIONS PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE ABBREVIATED AS FOLLOWS: ACFD-AFFIDAVIT OF COMPLIANCE FOR DEMOLITION,AOC-AFFIDAVIT OF COMPLIANCE,AONC-AFFIDAVIT OF NON-COMPLIANCE, ATF-APPLICATION TO FORECLOSE,CO-COMPLIANCE ORDER,CMFD-COMMISSION MEETING FOR DETERMINATION,CS-CONTINUED STAY,CTR-COPY TO RESPONDENT,ECO-EXTENDED COMPLIANCE ORDER,EX-EXHIBITS,FS-FEES STAYED,LDC-Land Development Code, NOCV-NOTICE OF CODE VIOLATION,NOH-NOTICE OF HEARING,NS-No Service,OAF-ORDER AUTHORIZING FORECLOSURE,OIF/L- ORDER IMPOSING FINE/LIEN,ONC-ORDER OF NON-COMPLIANCE,OOC-ORDER OF CONTINUANCE,,ORF-ORDER REDUCING FINE,PDFS -PER DAY FINE SUSPENDED,POS-PROOF OF SERVICE,RFR-REQUEST FOR REHEARING,RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE, ROF- REDUCTION OF FINE, SFH - SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and WD - WITHDREW. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Moved to Consent Agenda OTHER BUSINESS Vice-Chairman Chancey, seconded by Member Hopper, moved to hear Case Number 05-081 first. Motion carried unanimously. tior Page 2 of 6 Code Enforcement Board Minutes March 28,2006 New Case No. 05-081 —Katherine H. Von Schmidt and Georgiana Paul 294 Sabina)Street Officer Rodriguez Violation Cited: 51-13 07-14-05 NOCV Re-Inspection Date: 08-09-05 08-11-05 SOV 08-11-05 NOH Meeting Date:08-23-05 08-12-05 POS Certified Mail 08-23-05 CO Given Until 10-21-05 or Pay$25/day. 10-24-05 ANC 10-25-05 OIF As of 10-22-05 02-28-06 AOC Total$1,475.00 03-22-06 RROF $1,475.00 Observation: (1) Fence without a required permit, plans, approval, and inspections. (2) Storage PODS on driveway. Code Enforcement Officer Loeffler spoke about the history of the case and says the respondent is in compliance and desires a reduction of fine. Vice-Chairman Chancey, seconded by Member Hopper, moved to hear the request for reduction in fine for Case number 05-081. Motion carried unanimously. Questions and Comments Regarding Case No. 05-081 lowGeorgiana Paul, 294 Sabinal Street, asked the board to please reduce the fine. She said she had written a letter explaining her attempt to get the permit and the trouble she has had with getting a proper survey for her property. She claimed ignorance in the fact that she listened to a neighbor who told her she did not need a permit to replace a fence on her yard. She said that the property was her mothers and it was left to her and she cannot do what she needs to do until she has a valid survey, which seems to be a problem. Chairman Godek asked what the respondent had been doing to correct the issue since October 21, 2005. Attorney Sneed swore in Carmen Ramos, Permitting Clerk. Permitting Clerk Ramos said that she had spoken to Zoning Inspector Dunsford, who reviewed the aerial map of the property to assist in issuing her a permit. She said she did not know how to handle the inaccurate survey she is getting. Member Morton stated his belief that the surveyors, not the City, need to deal with that separate issue. Ms. Paul said that the discrepancy with the existing plat line is between the City and the County. Member Morton inquired the cost to the City that this case has accrued. Code Enforcement Officer Loeffler said that this was Officer Rodriguez's case and she was absent; however, no liens have been filed against the respondent. He believed the only cost would be clerical time and some research and stamps. ti.• Page 3 of 6 Code Enforcement Board Minutes March 28,2006 Member Morton, seconded by Vice-Chairman Chancey, moved in Case number 05-081 to recommend City Commission reduce the fine to ten percent of the original amount, equaling $147.50. Motion carried unanimously. Case No. 05-072—Karen Barton & Emerson C. Moorley 1512 Maureen Ave Officer Rodriguez Violation Cited: 51-13 05-17-05 NOCV Re-Inspection Date: 08-01-05 08-08-05 SOV 08-08-05 NOH Meeting Date:08-23-05 08-08-05 POS Certified Mail 08-09-05 POS Regular Mail 08-09-05 POS Posting 08-23-05 CO Given until 10-24-05 or pay$25.00 per day. 10-25-05 ANC 10-25-05 CO Extend Until 12-22-05 01-18-06 ANC 01-24-06 ECO Extend Until 02-28-06 02-28-06 ECO Extend Until 3-14-06 03-15-06 ANC Observation: Construction without required permits,plans,approval and inspections: Room Addition. Building Official Jones gave the history of Case Number 05-072, which had three submittals for permits that did not accurately show what they were doing in the outlet field. He said that technically the permit had not been issued, but he is working on it himself and feels it can be issued with a lot of conditions attached. He stated the respondent's time line is not in compliance; however, the City is partially responsible for not being able to respond to them within the required time frame. Member Mike Godek inquired what the conditions were that were necessary to be met. Building Official Jones said quite a few revisions need to be made to the plan. Vice- Chairman Chancey asked if the respondent needed these conditions met prior to receiving the permit. Building Official Jones said they would need to meet the conditions prior to final inspection, but could pick up a permit as soon as they pay. He said the respondent has not hired a professional and is doing the work their self, which lies the problem they are having. Vice-Chairman Chancey, seconded by Member Hopper, moved in Case number 05-072 to continue the case to the April 2006 Code Enforcement Board meeting. Motion carried unanimously. `gt,.► Page 4 of 6 Code Enforcement Board Minutes March 28,2006 Questions and Comments Regarding Case No. 05-072 Attorney Sneed notified the board that at the next hearing they would rescind the fine, if they pick up the permit, or impose the set amount. COMMENTS Chairman Godek said the board list is out of date on the City's website. Administrative Assistant II Aycock said that she would take care of that. Code Enforcement Officer Loeffler read the statistics from Code Enforcement over January and February, as follows: • January—Minimum housing inspections performed= 80 • February—Minimum housing inspections performed=69 • January—Occupational license inspections &reviews performed= 11 • February- Occupational license inspections& reviews performed= 15 • January—E-Better place complaint investigations= 10 • February- E-Better place complaint investigations= 15 • January—Complaint investigations received via e-mail = 11 • February- Complaint investigations received via e-mail = 10 • January—Complaint investigations received via telephone= 13 • February- Complaint investigations received via telephone= 8 • January—Complaint investigations received via other gov't dept.'s= 5 • February- Complaint investigations received via other gov't dept.'s= 3 • January—Complaint investigations received through normal departmental channels=9 • February- Complaint investigations received through normal departmental channels= 11 • January- Officer initiated complaint investigations= 36 • February- Officer initiated complaint investigations= 13 • January—Nuisance signs, street span signs removed= 107 • February—Nuisance signs, street span signs removed=97 Member Hopper stated his interested in seeing the comparison between this year and last year. Code Enforcement Board members congratulated Officer Loeffler on his promotion. Building Official Jones announced that Code Enforcement Officer Loeffler was promoted to Code Enforcement Supervisor, after being budgeted for the second half of this fiscal year. Page 5 of 6 Code Enforcement Board Minutes March 28,2006 Member Hopper said that Member Carole Amey resigned and asked how recommendation would be made to fill that vacancy. Attorney Sneed announced that City Commission would take care of filling that position. Alternate Member Lenko stated her decision to move up North and would be presenting two vacant seats on the board. She said she was pleased to serve on the board for 13 years, but will be sending a resignation letter after the April meeting. Chairman Godek thanked Member Lenko for all of her years of service on the board. ADJOURNMENT Meeting adjourned at 7:40 p.m. Attest: APP VED: Holly yco Ad 1$inistrative Assistant III Robert Godek, Chairman Page 6 of 6