04-28-2009 Minutes
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
APRIL 28, 2009
CALL TO ORDER
Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order
at 7:00 p.m. in the Commission Chambers at City Hall. Member Lowery led the Invocation
and Member Morton led the Pledge of Allegiance to the Flag. The roll was called and a
quorum was declared present.
PRESENT: Chairman Godek, Vice Chair M. Godek, Members Lowery, Morton, and
Alternate Member Hopper. Also present were Code Enforcement Supervisor
Loeffler, Code Enforcement Officer Siegrist, Division Chief Stanley,
Permitting Clerk Everett, Administrative Assistant Ballard, Administrative
Assistant II Barker, Attorney Sneed, and Deputy City Clerk Sibbitt.
ABSENT: Members Alexander, Elliott, and Sais were absent excused.
GUESTS: None.
Permitting Clerk Everett administered the oath to Code Enforcement Supervisor Loeffler,
Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code
Enforcement Officer Siegrist, Division Chief Stanley and anyone intending to speak regarding
a case.
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 Consent Agenda consisted of approval of Items A, B and C. *Note: Consent Agenda was
amended.
A. Minutes of the March 24,2009, Code Enforcement Board Meeting
B. Dismissal or Compliance. (Case Numbers 09-051, 09-053, 09-055, 09-059,
09-062, 09-074, 09-077, 09-078, 09-081 and 09-082 were transferred to consent.)
Case Number Respondent Location of Violation
1. 09-047 Rafael & Valerie Rodriguez 2631 Palastro Way
2. 09-051 William Freeman Jr. 709 Broadway Drive
3. 09-053 Joao Batista Souza 1503 Ison Lane
4. 09-054 Gregory Lowery 700 Broadway Drive
5. 09-055 Collett Jackson 1005 Flewelling Avenue
6. 09-056 Miguel Ramos Ibarra 498 Wurst Road
7. 09-059 Robert & Brandy Everett 1010 Arizona Court
Code Enforcement Board Minutes
April 28, 2009
8. 09-060
9. 09-061
10. 09-062
11. 09-063
12. 09-065F
13. 09-068
14. 09-070
15.09-074
16.09-075
17. 09-077
18.09-078
19. 09-080
20. 09-081
21. 09-082
22. 09-084
Edna W. P. Holzworth 906 Starke Lake Circle
Veronica C. Royce 917 Marlene Drive
Tracy Lynn Smith 1301 Flewelling Avenue
Baranova LLC 1304 Baranova Road
Stonington Seafood (SEBEK, LLC), 1758 E. Silver Star Road
Jeffrey 1. & Donna 1. Wiley 403 Hager Drive
Jeffrey G. & Lisa L. Ingram 2010 Casaba Cove Avenue
Todd D. & Judy S. Grantier 1006 Blue Spruce Drive
Chris & Mary E. Reed 281 Highbrooke Blvd
Ted R. & Joan S. Pike and Ricky... 604 Ridgefield Avenue
Legitime Jeune & Marie Marthe... 1424 Center Street
Randy E. & Kimberly G. Hensen 5115 Mill Stream Road
HSBC Bank USA N A TR c/o... 3400 Bromfield Drive
Faris M. Crews 1013 Sarah Lee Lane
Jeannine Malek & William Wallick 1514 Prairie Lake Blvd
C. Order of Continuance (May 26, 2009, Meeting). (Case Numbers 09-067 and
09-079 were transferred to consent.)
Case Number Respondent Location of Violation
1. 09-032F Patricia Marie Czarkecke 54 Rewis Street
2. 09-067 Julia E. & John Hartwell 1911 Leslie Ann Lane
3. 09-076 Lauriston Murray 2556 Dovetail Drive
4. 09-079 Winter Springs Land Co. LLC c/o... 1615 Jemima Avenue
Vice Chair M. Godek. seconded bv Member Lowerv. moved to avvrove the Consent Aflenda
with the amendments presented bv staff. Motion carried unanimous/v.
Vice Chair M. Godek. seconded bv Member Lowerv. moved to hear the cases in the followinfl
order: Case No. 08-232. 09-028. 09-023. 09-034. 09-057. 08-071F. and 03-002801: then
revert back to the aflenda. Motion carried unanimous/v.
COMMENTS FROM CITIZENS - None.
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
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April 28, 2009
Case No. 08-232 - Patricia Burney
1512 Lady Avenue Officer Delgado
Violation Cited: 108-24D, 108-22, 108-23E (1) (2), 108-23W, 108-191 and 108-19A
10-06-08 NOCV Re-Inspection Date: 10-22-08
11-05-08 SOY
11-05-08 NOH
11-05-08 POS
11-13-08 POS
11-25-08 OC
01-06-09 SOY
01-06-09 NOH Meeting Date: 01-27-09
01-06-09 POS Regular and Certified Mail
01-27-09 OC Meeting Date: 02-24-09
01-28-09 POS Regular and Certified Mail
02-17 -09 POS Hand Delivery
02-27-09 CO Given until 03-23-09 to comply or be fmed $150/per day
03-24-09 CO Compliance date extended until 04-27-09
Observation: No smoke detectors installed. Washing machine not connected to drainage system. Install cover-
interior electrical panel box. Ceiling electrical wires exposed and no light fixture. Missing faceplate covers
throughout house. Exposed wires at water heater. No door or door jams in bathroom. Front living room has
large holes in ceiling from water damage repair or ceiling replacement. Need roofmg permit for holes and leaks
in roof, from City of Ocoee, Building Department, contractor required due to owner not living in the home.
Permit obtained and no work has been done.
Meeting Date: 11-25-08
Regular and Certified Mail
Posting
Officer Delgado stated she would like for the board to consider hearing testimony from
Officer Rodriguez on Case No. 09-028, as well, since that case deals with the roof for this
address. At the last meeting the board gave an extension for compliance until April 27, 2009,
and Ms. Burney is not in compliance with either case, as of yet.
Patricia Burney, 1110 Kimball Drive, stated that she received her check today and can have
the contractor finish her roof by tomorrow. Once she has her inspection for the roof and it is
signed off on then she can resume with the inside of the house.
Attorney Sneed briefly reminded the board that there was a discussion last month about
whether Ms. Burney would be able to complete the roof within 30 days. It was pretty much
determined by the board that the interior could not be completed until the roof was done so
they had agreed for her to come back with a status update. Vice Chair M. Godek stated that
the case was continued to determine if Ms. Burney would make any progress. Ms. Burney
stated she has been making an effort to comply. She further stated her family is helping her to
complete the inside and Jeffrey Watson (family friend) stated they are trying to do everything
they can on her limited budget. He further stated if they give her 30 days they may be back
before the board but if they give her 60 days she should have everything complete. A brief
discussion ensued regarding some of the items needing to be repaired.
Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 09-028 to
extend the compliance date to Mav 15. 2009. Motion carried unanimous/v.
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Vice Chair M. Godek. seconded bv Alternate Member HODDer. moved in Case Number 08-
232 to extend the compliance date to June 12. 2009. Motion carried unanimous/v.
Case No. 09-028 - Patricia Burney
1512 Lady Avenue Officer Rodriguez
Violation Cited: 105.4
01-22-09 NOCV Re-Inspection Date:
02-09-09 SOY
02-09-09 NOH Meeting Date: 02-24-09
02-10-09 POS Certified Mail
02-16-09 POS Posting
03-11-09 CO Given until 03-23-09 to comply or be fmed $150/per day
Observation: Failure to obtain any required fmal inspections for a partial re-roof, penn it #08000865, issued on
June 26, 2008.
Testimony for this case was heard and voted on under Case No. 08-232.
Member Lowerv. seconded bv Vice Chair M. Godek. moved in Case Number 09-023 to re-
hear case for request of reduction of fine. Motion carried unanimous/v.
Case No. 09-023 - Lowes Companies Inc. and Craig & Belsis Smalley
5062 Timber Ridge Trail Officer Rodriguez
Violation Cited: 105.4
12-09-08 NOCV Re-Inspection Date: 02-05-09
02-09-09 SOY
02-09-09 NOH Meeting Date: 02-24-09
02-10-09 POS Certified Mail
02-16-09 POS Posting
03-11-09 CO Given until 03-18-09 to comply or be fmed $150/per day
04-07-09 AC Total due: $3029.59
04-28-09 Request for Reduction of Fine
Observation: Failure to obtain any required inspections for a garage door, pennit #08000421, issued on April 2,
2008, and $25.00 due for re-inspection fee.
Officer Rodriguez stated the respondent (Lowes Companies Inc.) has been very cooperative
and have been working with the City. Attorney Sneed added that this case is not a recorded
lien so what the board decides will be the final decision.
Peter Cafaro, qualifier/contractor for Lowes Company, stated he is asking for a request of
reduction or dismissal of the fine because the property was a rental and they had trouble
gaining access into the home. They had attempted gaining access into the home as far back as
December 9, 2008, when they received a notice of violation. He further stated it was not until
the property was posted that the tenants finally notified them and allowed them access. They
corrected the problems and passed inspection on April 6, 2009. Alternate Member Hopper
inquired about the contract. Mr. Cafaro stated their contract was with the Lopez tenants even
though the homeowner is Belsis Smalley. He corrected all the issues on April 4th and the
inspection was on April 6th. Officer Rodriguez stated the property was posted on February
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13,2009. Alternate Member Hopper inquired why the contractor did not go to a meeting to
ask for an extension. Mr. Cafaro stated that wherever they had been delivering the notices
too, they were not being forwarded to him. Member Morton inquired when Lowes contracts
this out do they do a follow-up to see if the work has been completed. Mr. Cafaro stated they
absolutely go back but, unfortunately, sometimes things fall between the cracks and there is
definitely room for improvement from their staff. He further added when the issue reaches
him it will get the attention it deserves. Chairman Godek inquired as to how much time and
effort has the City invested in this case. Officer Rodriguez stated this case has been ongoing
since December 2008 and an extension was given to the respondents to help with compliance
Vice Chair M. Godek. seconded bv Member Morton. moved in Case Number 09-023 to
reduce fine to $750.00 to be vaid bv April 30. 2009. or fine will revert back to full amount.
Motion carried 4-1 with Member Lowerv ovposinf!.
Case No. 09-034 - Katherine L. Andrews
1101 Ridgefield Avenue Officer Delgado
Violation Cited: 165-3,165-4
01-29-09 NOCV Re-Inspection Date: 03-03-09
03-03-09 SOY
03-03-09 NOH Meeting Date: 03-24-09
03-03-09 POS Regular & Certified Mail
03-12-09 POS Posting
03-24-09 OC Meeting date: 04-28-09
03-25-09 POS Regular & Certified Mail
04-20-09 POS Posting
Observation: Untagged/Expired tag! Inoperable Vehicle.
Officer Delgado gave a brief history of the case and provided exhibits. She further stated, as
of today, the property is still in non-compliance. Two vehicles still remain.
Mary Anderson, 1103 Ridgefield Ave. (neighbor), stated the vehicles have been there since
she moved into the neighborhood back in 2002. She stated the third vehicle that was removed
was only moved because the Ocoee Police Department had put an impound sticker on it. The
two remaining vehicles are going green with mold and it looks terrible. Ms. Anderson
testified that a "for sale" sign had been put on one of the cars but no phone number was listed
on the sign and no one lives at the home.
Katherine Andrews stated that the one vehicle with flat tires has been pumped with air and
the second vehicle she is holding on to because it is going to be an antique. She further stated
she has tried to explain to her neighbors that her son is ill and was hospitalized. Ms.
Andrews stated that the car that was impounded was her son's car. Member Morton
inquired as to how long she has to wait to register her antique tag. Ms. Andrews stated it
would be an antique in two years. Alternate Member Hopper inquired if she has a garage to
put the vehicles in. Vice Chair M. Godek inquired if the blue vehicle is drivable. Ms.
Andrews stated it needs a new battery. She further stated if she could have had AAA come
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by she would have had it moved today. Vice Chair M. Godek inquired out of curiosity as to
where she would have moved the car too. Ms. Andrews stated she would have had it moved
to the side of her yard which is where she was told it would be in compliance. She further
stated she had spoken with Officer Delgado in March and was told by Officer Delgado that
she would try to get her help. Officer Delgado stated she did remove the one vehicle;
however, the problem is that the two remaining vehicles are just sitting. She informed Ms.
Andrews that the vehicles need to be moved and need to be operable. Officer Delgado
further inquired if she lived at the property. Ms. Andrews stated she did reside at the
property and still receives her mail there. Chairman Godek informed Ms. Andrews that the
board will need to know a date as to when she can make the vehicles operable and have them
moved. Jennifer Andrews, daughter to the respondent, inquired as to where the cars need to
be moved too. Officer Delgado reminded the respondent that the vehicle has to be operable
and further stated there is one vehicle blocking the sidewalk and that vehicle needs to be
moved. Katherine Andrews stated that she is living on a fixed income but at the first of the
month she will do without so she can purchase a battery for the vehicle. Member Hopper
stated that alternative for the Bronco is to clean the garage and move the vehicle into the
garage.
Member Lowerv. seconded bv Vice Chair M. Godek. moved in Case Number 09-034 to find
the resvondents in violation as cited as of Februarv 26. 2009. and be given until Mav 8. 2009.
to complv or be fined $1 OO/a dav thereafter. Motion carried unanimouslv.
Case No. 09-057 - Timothy Hembrooke Jr.
1500 Prairie Lake Blvd. Officer Delgado
Violation Cited: 6-4 H (6) (b)
03-19-09 NOCV Re-Inspection Date: Repeat
03-19-09 SOY
03-19-09 NOH Meeting Date: 04-28-09
03-19-09 POS Regular and Certified Mail
04-15-09 POS Posting
Observation: Trailers must be stored behind front building line.
Officer Delgado gave a brief history of the case and further stated this is a repeat violation.
On April 27, 2009, she observed the property to be in compliance with the City.
Jessica Mayer, Wheelock Law Firm, stated she wants to start by informing the board that the
violation has been corrected and this has been a huge misunderstanding. She further stated
the Mr. Hembrooke has a boat that he uses on his leisure time and he does have a designated
place on the side of his home to park the boat at; however, he does dry his boat off in the front
before it is placed in the side yard. Ms. Mayer stated that Mr. Hembrooke does not normally
leave his boat out past two days and the observation was done on March 17th and re-inspected
on March 19th. She further stated that it is not a full 48 hours. She further provided exhibits
of the boat on the trailer. Ms. Mayer stated that Mr. Hembrooke does not have any problems
storing his boat on the side of his yard after he has dried it. Mr. Hembrooke inquired if he
has the trailer attached to the back of his truck would he be in violation. Chairman Godek
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Code Enforcement Board Minutes
April 28, 2009
stated the case before them is the trailer and boat being left in the yard for over 48 hours.
Officer Delgado stated she observed the violation on March 17th and on March 19th the trailer
was still in the yard. Mr. Hembrooke never called and informed her that he moved the trailer
for her to go back out. Officer Delgado stated that Mr. Hembrooke also owns two trailers,
one for the boat and another trailer that always seems to rotate being in the driveway. Ms.
Mayer stated she does not see how they can determine the 48 hours because it would depend
on what time of day the officer observed the violation. Officer Rodriguez stated she would
like to testify regarding the violation on the trailer in November 2008. She stated that they
received numerous complaints regarding the trailer in the driveway since last year. Officer
Rodriguez stated that she spoke with Officer Delgado regarding this case and went out
herself and observed the trailer and boat in the driveway past March 19th. Due to this being
Officer Delgado's case she could not do anything. Further discussion ensued regarding how
the Code reads and the complaints received.
Member Morton. seconded bv Vice Chair M. Godek. moved in Case Number 09-057 to find
the resvondents in violation as a reveat violator as cited. as of March 19. 2009. and in
comvliance as of Avril 27. 2009: however. be assessed a fine of $200. Motion carried
unanimouslv.
Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 08-071 F to re-
hear case for request of reduction o(fine. Motion carried unanimouslv.
Case No. 08-071F - Marco Anthony Italian Restaurant (Crisci's Italian Restaurant, Inc.)
2642 S. Maguire Road Division Chief Stanley
Violation Cited: NFPA 4.5.8.1,14.13.1.1
09-08-08 NOCV Re-Inspection Date: N/A
09-08-08 SOY
09-08-08 NOH Meeting Date: 09-28-08
09-08-08 POS Certified Mail
09-23-08 OIF Repeat Violation from 08-14-08 and fme $100/perday
01-06-09 AC Total Due: $15,536.85
04-28-09 Request for Rehearing/Reduction of Fine
Observation: Exit light not working, Emergency lights not working.
Division Chief Stanley gave a brief history of the case and stated there is a fine due of
$15,536.85 and a lien has been filed.
Phillip Diamond, Attorney representing the owner of the property, stated they are asking for
reduction because it states that they are a repeat violator but the record does not show that the
restaurant has been owned by two different people. In June of 2008 the restaurant was turned
over to a new company. He further stated the landlord has had some trouble with the current
tenants and in November of 2008 they had to file an eviction action for non-payment of rent.
So in all fairness, whatever violation the landlord gets fined they will have to pass it through
to the tenant. With the current economy restaurants are having a tough time and if the fine is
too high the tenant may just lock the doors and leave, so they are asking for consideration on
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April 28, 2009
reducing the fine. Vice Chair M. Godek inquired if they are aware that if there were to be a
fire and the exit lights did not work that the last thing they would worry about is whether a
tenant would be interested in renewing their lease. He further inquired if any remodeling was
done to the building when the company was turned over. Mr. Diamond stated according to
the owner of the building they did not. Vice Chair M. Godek stated he is aware the cost will
be imposed on the current tenants; however it is Mr. Diamond's client's building. Division
Chief Stanley stated that the new tenants occupied the building in June, however, when the
annual inspection was done in August the current tenant knew he was the new owner and
never divulged that to the inspector. Attorney Sneed stated that the owner is the one
requesting the reduction and the owner was served notice for these cases. Alternate Member
Hopper stated the owner has to take some responsibility for this since they were aware of this
in January when the previous tenant was notified. Chairman Godek stated that their
recommendation will still need to be approved by the Commission. Division Chief Stanley
stated he has had discussion with Mr. Diamond and they do not have a problem with the fine
being reduced.
Vice Chair M. Godek. seconded bv Alternate Member HODDer. moved in Case Number 08-
071F to recommend the fine be reduced to $2500.00 if vaid within 10 davs of Citv
Commission avproval or fine reverts back. Motion carried unanimouslv.
Vice Chair M. Godek. seconded bv Member Lowerv. moved in Case Number 03-002801 to
re-hear case for request of reduction of fine. Motion carried unanimouslv.
Case No. 03-002801- Shaun & Christy G. Tibby
1615 Mona Avenue Officer Siegrist
Violation Cited: 51-13
08-12-03 NOCV Re-Inspection Date: 08-26-03
09-11-03 SOY
09-11-03 NOH Meeting Date: 09-23-03
09-12-03 POS Certified Mail
09-12-03 POS Regular Mail
09-12-03 POS Posting
09-23-03 OC
09-26-03 NOH Meeting Date: 10-28-03
10-07 -03 POS Certified Mail
10-07 -03 POS Regular Mail
10-09-03 POS Posting
10-28-03 CO Given until 11-04-03 or pay $50/per day
11-06-03 ANC
11-25-03 OIF As of 11-05-03 - $50/per day
04-16-09 AC Total Due: $197,156.30
04-28-09 Request for RehearinglReduction of Fine
Observation: Concrete broken and mostly removed with bobcat, front driveway without permit. Must obtain
permit at City Hall.
Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of
today, there is a fine amount due of$197,156.30.
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George Philbeck, bank/real estate agent for the property, stated when they took over the
property it was going through an auction process. They have had the home through the
foreclosure process since February 2008 and when research was done on the property they
found the violation and immediately sought to get that cured. Mr. Philbeck stated that his
concern is that the sale price of the home is $60,000 and they have a potential buyer so the
lesser the fine is, the easier it will be. He understands the time and effort put in by the City to
have this complied, so they are okay with a fair fine. Chairman Godek inquired if they knew
about the lien when they were trying to take over the home. Mr. Philbeck stated they did not
know about the lien until after they had already taken over the home.
Vice Chair M. Godek. seconded bv Member Morton. moved in Case Number 03-002801 to
recommend the fine be reduced to $2000.00 if vaid within 10 davs of City Commission
avvroval or fine reverts back. Motion carried unanimouslv.
Vice Chair M. Godek. seconded bv Member Lowerv. moved to hear Case No. 09-013 as the
next case on the aJ!enda. Motion carried unanimouslv.
Case No. 09-013 - Dennis H. Jones Sr. & Robert D. Bauer
651 L.F. Roper Parkway Officer Loeffler
Violation Cited: 5-1
04-04-08 NOCV Re-Inspection Date: 11-21-08
01-15-09 SOY
01-15-09 NOH Meeting Date: 01-27-09
01-15-09 POS Regular and Certified Mail
01-16-09 POS Hand Delivery
01-27-09 OC Meeting Date: 02-24-09
01-28-09 POS Regular and Certified Mail
03-11-09 CO Given until 04-27-09 to comply or be fmed $50/per day.
Observation: Zoning violation. Tenant residing at 651 L.F. Roper Parkway, which is zoned for industrial use,
Single-family dwelling on permitted within areas zoned as R-I through R-IAAA. 651 L.F. Roper Parkway is
within an I-I zoning district.
Officer Loeffier gave a brief history of the case and stated that compliance with this issue is
not just a drive by you can observe, so the burden of that proof will have to rely on the
testimony provided by the respondents. He further stated he has been to the property several
times and has witnessed the respondents meeting with the probation officer and discussing
ways to come up with another address to meet the state's criteria regarding their
circumstances.
Chairman Godek inquired if Mr. Bauer is still living on the property. Mr. Jones stated that
there is a misunderstanding regarding Mr. Bauer's living on the property. He further stated
Mr. Bauer is and has been a night watchman for third shift. Mr. Jones stated at the last
meeting he attended it was stated that 651 L.F. Roper was a permanent address for Mr.
Bauer's and that is not true. Chairman Godek stated that Mr. Bauer's driver's license
indicated that was his permanent address. Mr. Jones stated he had to have an address in order
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April 28, 2009
to register his driver's license and also his vehicle. He further inquired as to why the Ocoee
Police Department was so upset with Mr. Bauer having his mailing address at 651 L.F. Roper
Parkway. Vice Chair M. Godek stated that according to the State they have listed 651 L.F.
Roper as his home address and this issue was discussed at the last meeting. A brief discussion
ensued regarding if Mr. Bauer was a paid employee and as to where he stays once his night
shift is over. Alternate Member Hopper addressed Mr. Jones and stated that he is a good
business man in this community and he respects him a lot, but if Mr. Bauer is living on the
property then it is as simple as that and he just needs to state that fact. Member Lowery
informed Mr. Jones that he is trying to represent the same case he did at the last meeting and
they have already made a ruling on this case. Mr. Jones stated he is in compliance with
Orange County with using the L. F. Roper Parkway address. Member Lowery informed Mr.
Jones that he needs to be in compliance with the City ofOcoee. Mr. Jones inquired ifhe can
get Mr. Bauer's vehicle and driver's license changed to a different address would he be in
compliance then. Officer Loeffier stated the proof the City is using is the state's records,
which is the driver's license and the FDLE website. He further stated to say that Mr. Bauer
living on the property is hard to prove but if the driver's license, vehicle tags and state's
website reflected a different address then that would bring this case into compliance.
Attorney Sneed informed Mr. Jones that the board has already found Mr. Bauer in violation
for living on the property and what the board has indicated is that they have not heard any
mitigating testimony tonight that would change that ruling. She further stated they have given
him an idea as to what the Code Officer would find in compliance. The board can choose to
give extra time for compliance before a fine starts accruing but they do not have to, they can
just do an order of imposing fine. Vice Chair M.Godek stated they have discussed this and
nothing has changed. Mr. Jones stated it is hard to satisfy Orange County, City of Ocoee and
the State all at the same time and he would need at least 90 days to come into compliance with
all three agencies. Mr. Bauer stated he is working on getting this violation corrected and is
asking for the board to please grant him an extension.
Vice Chair M. Godek. seconded bv Member Morton. moved in Case Number 09-013 to
extend the comvliance date to Mav 15. 2009. Motion carried unanimouslv.
Recess 8:43 p.m. - 8:51 p.m.
Case No. 09-037 - Nicole M. and Ryan C. Shelley
1941 Hedgerow Circle Officer Siegrist
Violation Cited: 51-13
02-11-09 NOCV Re-Inspection Date: 03-12-09
03-12-09 SOY
03-12-09 NOH Meeting Date: 03-24-09
03-12-09 POS Regular & Certified Mail
03-24-09 OC Meeting Date: 04-28-09
03-25-09 POS Regular & Certified Mail
04-17-09 POS Posting
Observation: Work without penn it. Rock/gravel driveway in back & side yards. Also new canopy tent in
backyard. Also, four (4) trailers on property, including "Catalina" camper in front driveway.
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Code Enforcement Board Minutes
April 28, 2009
Officer Siegrist gave a brief history of the case and provided exhibits. He further stated, as of
today, the property is in non-compliance. Officer Siegrist stated he has spoken with the
respondents and they have tried to apply for a permit but they do not have specs for the
canopy. Alternate Member Hopper inquired if this was a permanent structure. Officer
Siegrist stated his impression is that it is permanent but the respondents feel it is temporary.
Member Morton inquired if it would be a problem to get a permit. Officer Siegrist stated
they need their survey, as well as drawings, but without specifications they really can not look
at the structure.
Vice Chair M. Godek. seconded bv Member Morton. moved in Case Number 09-037 to find
the resvondents in violation as cited as of March 9. 2009. and be given until Mav 22. 2009. to
comvlv or be fined $150/a dav thereafier. Motion carried 4-1 with Alternate Member
HODDer ovvosinf!.
Case No. 09-052 - Alexis A. Todd
1523 Ison Lane Officer Delgado
Violation Cited: 6-4 H (6) (b)
03-11-09 NOCV Re-Inspection Date: 03-17-09
03-18-09 SOY
03-18-09 NOH Meeting Date: 04-28-09
03-18-09 POS Regular & Certified Mail
04-15-09 POS Hand Delivery
Observation: Trailers must be stored behind front building line.
Officer Delgado gave a brief history of the case and she further stated, as of today, the
property is in non-compliance. Officer Delgado stated a letter was sent to the board and she
has read it. She wanted to present the case because they have received various complaints for
this address and she does not want the respondent to exceed their time in coming into
compliance.
Alternate Member HODDer. seconded bv Member Lowerv. moved in Case Number 09-052 to
find the respondents in violation as cited as of March 16. 2009. and be given until June 2.
2009. to comvlv or be fined $100/a dav thereafier. Motion carried unanimouslv.
Case No. 09-058 - Marilyn J., Daniel J. & Daniel J. Kelyman Jr.
6733 Lumberjack Lane Officer Delgado
Violation Cited: 6-4 H (6) (b)
03-11-09 NOCV Re-Inspection Date: 03-18-09
03-19-09 SOY
03-19-09 NOH Meeting Date: 04-28-09
03-19-09 POS Regular & Certified Mail
04-15-09 POS Hand Delivery
Observation: White covered trailer must be stored behind front building line.
Officer Delgado gave a brief history of the case and she further stated, as of April 27, 2009,
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Code Enforcement Board Minutes
April 28, 2009
the property is in non-compliance. Officer Delgado stated she spoke with the respondent but
he felt that the trailer parked in his driveway was not bothering anyone.
Member Lowerv. seconded bv Member Morton. moved in Case Number 09-058 to find the
respondents in violation as cited as of March 17. 2009. and be given until Mav 22. 2009. to
comvlv or be fined $100/a dav thereafter. Motion carried unanimouslv.
Case No. 09-064F - Sprint Foods (Pantry Inc.)
1515 Wurst Road Division Chief Stanley
Violation Cited: NFPA 1 (11.1.2), 101 (7.10.5.2.1), 1 (14.13.1.1)
02-10-09 NOCV Re-Inspection Date: 03-18-09
03-20-09 SOY
03-20-09 NOH Meeting Date: 04-28-09
03-20-09 POS Regular & Certified Mail
Observation: Exit light not working, Emergency lights not working.
Fire Inspector Sorenson gave a brief history of the case and provided exhibits. He further
stated, as of today, the property is still in non-compliance.
Member Morton. seconded bv Vice Chair M. Godek. moved in Case Number 09-064F to find
the resvondents in violation as cited of NFPA 1 (J 1.1.2). 101 (7.10.5.2.1), 1 (J4. 13. 1.]) as of March
17. 2009. and be given until Mav 22. 2009. to complv or be fined $150/a dav ver violation
thereafter. Motion carried unanimouslv.
Case No. 09-072 - Tracey L. & Michael W. Wilson
2781 Plumberry Avenue Officer Rodriguez
Violation Cited: 51-13
03-13-09 NOCV Re-Inspection Date: 03-27-09
03-31-09 SOY
03-31-09 NOH Meeting Date: 04-28-09
03-31-09 POS Regular & Certified Mail
Observation: Fence installation without required permits, plans, approval, and inspections.
Officer Rodriguez gave a brief history of the case and further stated, as of today, the property
is in non-compliance.
Alternate Member HODDer. seconded bv Member Lowerv. moved in Case Number 09-072 to
find the resvondents in violation as cited as of March 26. 2009. and be fliven until Mav 22.
2009. to comvlv or be fined $25/a dav thereafter. Motion carried unanimouslv.
Case No. 09-083 -Herrera Dudleys
1010 Sal Street
Violation Cited: 6-14 91) (g) i. iv.
04-01-09 NOCV Re-Inspection Date: 04-06-09
04-08-09 SOY
04-08-09 NOH
04-08-09 POS
Officer Delgado
Meeting Date: 04-28-09
Regular & Certified Mail
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Code Enforcement Board Minutes
April 28, 2009
Observation: Semi tractor stored in violation of code.
Officer Delgado gave a brief history of the case and provided exhibits. She further stated, as
of April 27, 2009, the property is in compliance.
Alternate Member HODDer. seconded bv Member Lowerv. moved in Case Number 09-083 to
find the respondents in violation as cited as of April 5. 2009. and in comvliance as of April
27. 2009. and no fine be assessed at this time. Motion carried unanimouslv.
OTHER BUSINESS
Case No. 09-016 - Foundation of Lights, Inc. c/o Nasir Naeem
120 Floral Street Officer Siegrist
Violation Cited: 51-13
12-19-08 NOCV Re-Inspection Date: 12-31-08
01-15-09 SOY
01-15-09 NOH Meeting Date: 01-27-09
01-15-09 POS Regular and Certified Mail
01-27-09 OC Meeting Date: 02-24-09
01-28-09 POS Regular and Certified Mail
03-11-09 CO Given until 03-23-09 to comply or be fmed $150/per day
03-24-09 CO Extended compliance date until 04-27-09
Observation: Work without a permit. Exterior electrical and lighting in parking and building areas.
Officer Siegrist stated the compliance date was April 27, 2009, and they are in compliance.
Everything was just removed.
Case No. 09-029 - Chi M. Wang & Richard Rodriguez
804 Center Street Officer Siegrist
Violation Cited: 115-5
02-03-09 NOCV
03-12-09 SOY
03-12-09 NOH
03-12-09 POS
03-13-09 POS
03-24-09 CO
Re-Inspection Date: 02-16-09
03-26-09 POS
04-15-09 ANC
Observation: Weed/grass growth over 10".
Meeting Date: 03-24-09
Regular & Certified Mail
Posting
Given until 04-07-09 to comply or be fmed $150/per day
plus cost for abatement.
Regular & Certified Mail
Officer Siegrist stated property is in non-compliance.
Vice Chair M. Godek. seconded bv Alternate Member HODDer. moved in Case Number 09-
029 to imvose fine of $150/per dav effective April 8. 2009. until comvliance. Also authorize
the Citv to abate the nuisance and add cost to the fine. Motion carried unanimouslv.
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Code Enforcement Board Minutes
April 28, 2009
Case No. 09-030F - Nail Spa (Lena Nails)
1596 E. Silver Star Road Division Chief Stanley
Violation Cited: NFPA 1 (4.5.8.1)
02-18-09 NOCV Re-Inspection Date: 02-18-09
02-18-09 SOY
02-18-09 NOH Meeting Date: 03-24-09
02-20-09 POS Certified Mail
03-24-09 CO Found in repeat violation as cited 02-10-09; fmed $500
04-28-09 Request for Rehearing and Reduction of Fine
Observation: Exit light not working.
Division Chief Stanley stated this case is before them as a request to re-hear for reduction of
fine. Chairman Godek stated that the respondents need to be present for a re-hearing of case
and asked Division Chief Stanley if someone could contact the respondent to inform them that
they need to be present. Denial was made by board to hear case unless respondent is present.
Case No. 09-049 - Lourdes I. Rolon-Vazquez & Wilfredo Vasquez
1611 Ison Lane Officer Loeffler
Violation Cited: 108-24
02-20-09 NOCV Re-Inspection Date: 03-12-09
03-12-09 SOY
03-12-09 NOH Meeting Date: 03-24-09
03-12-09 POS Regular & Certified Mail
03-24-09 CO Given until 04-07-09 to comply or be fmed $150/per day
03-26-09 POS Regular & Certified Mail
Observation: Remove junk and debris from back, side & front yard/driveway.
Officer Loeffier stated property is not in compliance.
Vice Chair M. Godek. seconded bv Alternate Member HODDer. moved in Case Number 09-
049 to imvose fine of $150/ver dav effective Avril 8. 2009. until compliance. Motion carried
unanimouslv.
Case No. 09-050 - Charlene McCrea
1213 Freedom Court
Violation Cited: 165-3
02-11-09 NOCV
03-12-09 SOY
03-12-09 NOH
03-12-09 POS
03-24-09 CO
03-26-09 POS
04-06-09 AC
Observation: Inoperable, untagged white truck, flat tire, tall grass under vehicle.
Officer Loeffler
Re-Inspection Date: 03-12-09
Meeting Date: 03-24-09
Regular & Certified Mail
Given until 04-21-09 to comply or be fmed $150/per day
Regular & Certified Mail
In compliance. Officer Loeffier briefly stated that there were a lot of complaints on this case
who will still see the vehicle there, but he wanted them to be aware that the owner did put a
current valid tag and demonstrated that the vehicle still runs.
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Code Enforcement Board Minutes
April 28, 2009
COMMENTS
Attorney Sneed stated next month or the month after there might be an unusual proceeding
before this board, but she will speak with the members individually.
Officer Siegrist shared a before/after story that came into compliance.
Division Chief Stanley announced that the Code Enforcement Division falls under the
direction of the Fire Chief and they are now part of the Fire Department family. They have
new uniforms ordered and they will be presenting a whole new image.
Alternate Member Hopper stated it is a pleasure to be back on the board.
Member Morton stated if it was not for the Mayor's gazette he would not have known about
the opening on the board.
ADJOURNMENT
Meeting adjourned at 9:32 p.m.
-.
AP~
Rotiert Godek, Chairman
-
~ ~JLI/
Melanie Sibbiti, Deputy City Clerk
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