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05-26-2009 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING May 26, 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 Hopper led the Invocation and Member Lowery led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Alexander, Lowery, Morton, and Alternate Member Hopper. Also present were Code Enforcement Supervisor Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley, Fire Inspector Sorenson, Administrative Assistant Ballard, Administrative Assistant McDonald, Attorney Sneed, and Deputy City Clerk Sibbitt. ABSENT: Vice Chairman M. Godek, Members Elliott and Sais were absent excused. GUESTS: Assistant City Attorney Hamilton as well as Interpreter and Clerk Reporter provided by him. Administrative Assistant Ballard administered the oath to Code Enforcement Supervisor Loeffler, Code Enforcement Officer Delgado, Code Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division Chief Stanley, Fire Inspector Sorenson 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 April 28, 2009, Code Enforcement Board Meeting B. Dismissal or Compliance. (Case Numbers 09-067, 09-076, 09-079, 09-086, 09-087, 09-088, 09-090, 09-093, 09-100, 09-101, 09-102, 09-104, 09-105, 09-106, 09- 108, 09-110, 09-117, and 09-122 were transferred to consent.) Case Number Respondent Location of Violation 1. 09-067 Julia E. & John Hartwell 1911 Leslie Ann Lane 2. 09-076 Lauriston Murray 2556 Dovetail Drive 3. 09-079 Winter Springs Land Company. . . 1615 Jemima Avenue 4. 09-086 Louismise Marcellus 2726 Cullens Court Code Enforcement Board Minutes May 26, 2009 . 5. 09-087 6. 09-088 7. 09-090 8. 09-093 9. 09-096 10. 09-100 11. 09-101 12.09-102 13. 09-104 14. 09-105 15.09-106 16.09-107 17.09-108 18.09-110 19.09-117 20.09-122 21. 09-129 . 22.09-130 Silvio Vargas 1411 Daria Street Matthew K Wygant and Elizabeth... 405 S. Bluford Avenue Doris M McCormack 1410 Daria Street Luis M Lopez 1102 Pinewood Lane Marilyn & Daniel J Kelyman... 6733 Lumberjack Lane Steven Wood and Patricia A Wood 253 I Dovetail Drive Dawn Carpenter 640 Jay Street Katherine L Andrews 1101 Ridgefield Avenue James A Jarnigan 2459 Greywall Avenue Russell M Duty and Hnina N Duty 1502 Ison Lane West Oaks Mall Southern Neon... 9401 W Colonial Drive #250 Darius J Bieberle and Martha M... 2705 Coventry Lane Julie J Kellam 240 I Griffin Court Imran Inshan and Bibi A Inshan 1943 Pomegranate Court Gulf Stream Property Development...l 7 W Geneva Street Stephanie Cafaro, Peter A Cafaro... 716 Broadway Drive William S Crockett Jr. 124 N Bluford Avenue Lisa Vollmer 814 Grovesmere Loop C. Order of Continuance (June 23, 2009, Meeting). (Case Numbers 09-089, 09- 125, 09-126, 09-127, and 09-131 were transferred to consent.) Case Number Respondent Location of Violation 1. 09-032F Patricia Marie Czarkecke 54 Rewis Street 2. 09-089 William S Crockett Jr. 124 S Bluford Avenue 3. 09-097 Michelet Derat 4982 Timber Ridge Trail 4. 09-121F Deutsche Bank AG 1400 Samantha Street 5. 09-125 Certi Fine Fruit Co. Inc. 201 S Kissimmee Avenue 6. 09-126 Certi Fine Fruit Co. Inc. 209 S Kissimmee Avenue . 7. 09-127 Lake Butler Professional Center LLC1650 Maguire Road 8. 09-131 Francis Husbands and Heath... 731 Huntington Pines Drive Member Alexander. seconded bv Member Lowerv. moved to avvrove the Consent Agenda with the amendments vresented bv staff. Motion carried unanimous Iv. Attorney Sneed announced to the chairperson that another person, who was intending to speak regarding a case, had just walked in and was going to be sworn in. Administrative Assistant Ballard administered the oath. Member Lowerv. seconded bv Member Morton. moved to hear the cases in the following order.: Case No. 09-124 and 01-048: then revert back to the agenda. Motion carried unanimouslv. Page 2 of 15 Code Enforcement Board Minutes May 26, 2009 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, OIFIL- ORDER IMPOSING FINEILIEN, 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 Case No. 09-124 - Gregoire Mendez 11100 W. Colonial Drive John Hamilton Violation Cited: 108-3,108-13, 108-13(G), 108-41, 108-42 5-2009 NOH Meeting Date: 05-26-09 5-2009. POS Regular Mail Observation: Appeal from the minimum standards. Attorney Sneed advised the board that this is not a typical case presentation for determination of whether or not the respondent is in violation of the Ocoee Code of Ordinances, This is rather an appeal from the Minimum Standards Code Appeals Board to this board. She further quoted Section 108-13G on the appeals process. Attorney Sneed stated the situation before them is that the Building & Zoning Official made a determination with regards to the safety of the Colony Plaza, so he ordered a demolition. The owners and anyone with an interest in that property were given notice and were given the opportunity to appeal that decision. Only 15 property owners came before the Minimum Standards Code Appeals Board to appeal the demolition. The Minimum Standards Code Appeals Board made a determination of the Building Officials decision and upheld it. Any appeal of that determination comes before this board. Only one person appealed the decision. This board is to act as an appellate body on a second tier appeal and should only be looking at whether there was procedural due process given and if notice was given of tonight's meeting. They should also be looking at whether the Minimum Standards Code Appeals Board followed the essential requirements of the law. Attorney Sneed reminded the board that they would not be looking at any new evidence but strictly the determination of the Appeal's Board. She further explained to the board that most Appeal Court's give 20 minutes for any appeal's testimony and she would suggest that this board allow the same per arguments. Chairperson Godek stated they would proceed with the same requirements allowed by the Appeal's Court. Gregoire Mendez, with the aid of an interpreter, addressed the board with his argument regarding the demolition of the Colony Plaza. He stated that he feels that he was not provided due process and that his testimony from the February 26, 2009, Appellant Court was not reported to the board. He further stated his declaration and testimony was not in the transcript of the hearing for the demolition of the Colony Plaza. Mr. Mendez expressed his Page 3 of 15 Code Enforcement Board Minutes May 26, 2009 opinion on why he felt the demolition order was an illegal act against the City of Ocoee Code itself and how all property owners' constitutional rights were violated. His argument further included that the City did not work with the property owners' on allowing a time frame that was reasonable for corrections of the violations to be made. Mr. Mendez announced that the appeals letter that was sent to the property owners stated they had 5 days to appeal before the Minimum Standards Code Appeals Board, and he feels that was a joke because most of the property owners live in Puerto Rico. He thanked the board for allowing him to come before them and stated they have many documents proving that the City acted unfair to the property owners of the Colony Plaza and hopes that justice will be served in the court room. Assis~ant City Attorney Hamilton addressed the board and stated that this case before them is truly a unique proceeding in the history of this board because they have never sat as a second tier appellate. He further reminded the board that there are only two questions before them and that is whether Mr. Mendez was given procedural due process before the Appeal's Board and whether the Appeal's Board departed from the essential requirements of the law. Assistant City Attorney Hamilton explained the due process requirements and that the essential requirements of the law is quite clear that municipalities have the right to demolish buildings and institute demolition proceedings when the property presents an eminent danger to the life, safety, and health of its citizens. He further stated that was the evidence that was presented to the Appeal's Board and was absolutely authorized by the sections of the City Codes. The arguments that Mr. Mendez is making has to do with wrongs that he believes he and t~e other units suffer from back in August of 2001. Assistant City Attorney Hamilton briefly explained that Mr. Mendez has the ability to file legal action against the City of Ocoee and anyone else he believes may have wronged him before the Circuit Court of the State of Florida. This issue before the board, however, is not that argument but refers only to the two questions mentioned before which are: (1) whether Mr. Mendez was given procedural due process before the Appeal's Board and (2) whether the Appeal's Board departed from the essential requirements of the law. Assistant City Attorney Hamilton briefly explained the voluminous evidence and testimony that was presented before the Minimum Standards Code Appeals Board to bring them to the decision of the demolition of the Colony Plaza. He further touched on the comment that was made by Mr. Mendez on the violation of due process, claiming that his testimony did not appear on the transcript of the Appeal's Board meeting. Assistant City Attorney Hamilton explained that Mr. Mendez declined the services of the interpreter that was present for that hearing while every other Spanish speaking appellant used the services of the interpreter. Due to his refusal of the interpreter the court reporter was unable to take down his testimony, however, everything else he presented to the board is a part of the record, as well as the audio recording of the meeting. Chairman Godek inquired if they are to confirm that Mr. Mendez was given the opportunity to make his appeal to the Appeal's Board. A brief discussion ensued regarding the testimony given by Mr. Mendez before the Appeal's Board. Attorney Sneed stated if they feel due process was given they can do one of the following: 1 )dismiss the appeal as moved since the building is demolished, 2) make a motion to uphold the Appeal's Board decision, or 3) make a motio~ to reverse the Appeal's Board decision. Member Alexander inquired about the Page 4 of 15 Code Enforcement Board Minutes May 26, 2009 letters' sent to the unit owners that gave them five days to appear before the Appeal's Board. Assistant City Attorney Hamilton stated that is correct and is addressed in Section 108-42 of the Ocoee City Code, which provides for a five day notice when the Building and Zoning Official takes emergency action. He further explained that was a time frame given to all unit owners and some unit owners from Puerto Rico did file their appeal within that five day time frame. He further quickly added that the notices were served by mail so they engrafted upon that five day period an additional five days to allow for five days of mailing; as a practical matter everyone was given 10 days. Mr. Mendez briefly stated that since the additional five days for mailing was not mentioned in the letter he and the other unit owners were not aware of that. Alternate Member HODDer. seconded bv Member Alexander, moved in Case Number 09-124 that based on argument heard tonight thev will uvhold the Minimum Standards Code Avveals Board decision made on February 26, 2009. Motion carried unanimouslv. Member Lowerv. seconded bv Member Morton, moved to move UJ} Case No. 09-103 to be heard after Case No. 01-048 and then revert back to the agenda. Motion carried unanimouslv. Case No. 01-048 - Harold E. In & Cathy A. Nagel 703 Wurst Road Officer Siegrist Violation Cited: 51-21; 51-31 09-05-01 NOCV 10-10-01 SOV 10-10-01 NOH 10-12-01 POS 10-23-01 CO 11-27-01 OlF 05-07-09 AC 05-08-09 Request for re-hearinglReduction of fme Observation: Obtain permit and have inspections completed. Re-Inspection Date: 09-27-01 Meeting Date: 10-23-01 Hand Delivery Given until 11-27-01 or pay $250/per day Accruing Officer Siegrist gave a brief history of the case and stated the property owner has obtained the permit, as well as having all the necessary inspections. Chairman Godek inquired as to the total amount due in fines. Officer Siegrist stated he has approximated the fine amount to be $594,000. Member Morton. seconded bv Alternate Member HODDer. moved in Case Number 01-048 to re-hear case for reQuest of reduction of fine. Motion carried unanimouslv. Harold Nagel, 703 Wurst Road, stated he was found in violation of doing work without a permit and had met with Officer Siegrist to find out what needed to be done as far as the permit. He further stated he did not take care of getting the permit immediately because the work had already been done. In 2001, he did meet with some of the inspectors at his home who had agreed that the room seemed to be to code and informed him that a double fee would be placed on the permit. Mr. Nagel stated he submitted paperwork for the permit and was Page 5 of 15 Code Enforcement Board Minutes May 26, 2009 then called and told that the room would have to be removed. He further stated he realizes he was in the wrong for not complying, Mr. Nagel stated recently his wife came to the City to find out what was needed to put this behind them. They submitted the same paperwork and again had the inspectors back to the home who then signed off on the work. He did pay double on all permit fees and understands he was wrong. Mr. Nagel stated they are looking to relieve themselves of the stress. Alternate Member Hopper inquired if it was correct that he was told to tear everything done in the beginning. Mr. Nagel stated that is correct and explained how it was that the violation was observed. Officer Siegrist explained that the electrical inspector did at the time want the interior wall to be torn down to see the electrical work done. Member Alexander inquired if the work was done by the owner or by a contractor. Mr. Nagel stated he did the work himself. Alternate Member Hopper inquired from the Officer as to how much staff time was put into this case for the last couple of years. Officer Siegrist stated approximately $2500. Chairman Godek inquired as to what prompted him to come forward. Mr. Nagel stated he has two reasons: 1) for the last eight years this has been a thorn on his side, and 2) he wants to refinance the home and there is a lien on the property which he claims he never received notice on. He further stated he is not sure how the Officer can claim that there is $2500 worth of staff time invested on his property since the officer has only been to his house twice. Alternate Member Hopper stated he is sympathetic to everything he is saying to a certain degree but waiting eight years to correct the problem is not excusable. He agrees that the fine amount is high but the fines are assessed to get people's attention and it did not get his until eight years later. Member Alexander inquired if respondents are notified when fines are accruing. Attorney Sneed stated the respoBdent was notified of the original hearing by hand delivery by Officer Siegrist. She further stated the order of imposing fine is sent out by certified or regular mail but is not sure how it was done in 200 I. Alternate Member Hopper stated he knew what was needed to be done and was not ignorant to the fact. Mr. Nagel stated he is not trying to claim ignorance he was aware of what he was supposed to do and he did do it by submitting the paperwork. He has lived in the house for 12 years and is trying to fix up his house to help bring the property value back up. Chairman Godek informed him that they are only making a recommendation and the City Commission makes the final decision, Member Morton moved in Case Number 01-048 to make a recommendation to the Citv Commission to reduce fine to $2500.00. Motion failed due to lack of second. Alternate Member HODDer. seconded bv Member Lowerv, moved in Case Number 01-048 to make a recommendation to the Citv Commission to reduce fine to $500.00 if vaid within two weeks of Citv Commission avvroval, or fine will revert back to full amount. Motion carried unanimouslv. Case No. 09-103 - James E. & Carole E. Graham 101 Minor Court Officer Delgado Violation Cited: 115-1 04-14-09 NOCV Re-Inspection Date: 04-27-09 04-28-09 SOV Page 6 of 15 Code Enforcement Board Minutes May 26, 2009 04-28-09 NOH Meeting Date: 05-26-09 04-28-09 POS Regular & Certified Mail 05-15-09 POS Posting Observation: Miscellaneous junk, debris, all over property and on neighbor's fence. Officer Delgado gave a brief history of the case and presented exhibits. She further stated, as of today, the property is in non-compliance. There are numerous pallets of pavers and windows on one side of the property. Officer Delgado stated that a lot has been cleaned up and the owner has been in contact with her. They are doing a remodeling or a renovation to the home which started back in 2007. James Graham & Carole Graham, 101 Minor Court, stated the exhibit shown of the side of the house was taken right after there community yard sale and they did have a lot of miscellaneous items in their yard. He stated they contacted Officer Delgado to come by to observe the property cleared up. Everything has been cleared except the pavers, which he was not aware of being a problem. Mr. Graham stated the pavers are on the left side of the house where he intends to lay them. He further stated he has not been able to move them because they are working on the house and have not gotten to the point where the pavers are ready to be installed. Chairman Godek inquired as to how much time was needed before he would be completed with the home renovation. Mr. Graham stated they are looking to be done by July or end of August at the latest. Everything else on the property has been cleaned up. Officer Delgado stated the pavers are the only thing left on the property; however, it goes from the front of the property all the way to the back of the home. She further stated her concern is if a hurricane or tornado comes through the pavers can pose a danger. Mr. Graham stated he can move them, but since the date that Officer Delgado has been to the house it has rained everyday. Chairman Godek stated that the property owner was cited for miscellaneous junk and debris all over the property and if the pavers applied to that. Officer Delgado stated that the debris has been cleaned up and once that was removed she was able to see the pavers. The code ,in violation would reference everything out there including the unsecured pavers. Chairman Godek inquired if the pavers could be moved to the back of the yard where they would be out of site. Mr. Graham stated he could move them but there are about 30-40 piece pallets. Officer Delgado inquired from Mr. Graham if the pavers are part of the permit for the home renovation. Mr. Graham stated he did not think he had to have a permit for pavers. Officer Delgado stated he did need a permit and she would like him to be aware of that before he gets to that point. Member Morton stated that he needs to keep in mind that there is a percentage of his square footage of his property that he can cover. Chairman Godek inquired how much time is needed to move the pavers out of sight and secure. Mr. Graham stated a couple of weeks if it does not rain. Mrs. Graham inquired if instead of moving the pavers can they secure them. Chairman Godek stated it would be up to the City has to. what would be deemed safe, secure, and out of sight. Alternate Member HODDer. seconded bv Member Alexander, moved in Case Number 09-103 to find the resvondent in violation as cited as of Avril 20, 2009, and be $liven until August 14, Page 7 of 15 Code Enforcement Board Minutes May 26, 2009 2009,' to complv or be fined $200/ver dav thereafier. Motion carried 4-1 with Member Morton ovvosing. Recess 8:38 p.m. - 8:48 p.m. (Mayor Vandergrift was present). Case No. 09-085 - Donnell and Michelle Pringle 2438 Stricker Drive Officer Rodriguez Violation Cited: 6-4 04-09-09 NOCV Re-lnspection Date: 04-20-09 04-22-09 SOV 04-22-09 NOH Meeting Date: 05-26-09 04-22-09 POS Regular & Certified Mail Observation: Trailer on front of property. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in compliance. Member Morton. seconded bv Member Lowerv, moved in Case Number 09-085 to find the respondents in violation as cited as of Avril 15, 2009, but in compliance as of Mav 26, 2009, and no fine be assessed at this time. Motion carried unanimouslv. Case No. 09-091 - Michael c., Donna J., & Francis C. Brennan 117 Bexley Blvd. Officer Delgado Violati.on Cited: 165-3,165-4,95-3,115-5 04-01-09 NOCV Re-Inspection Date: 04-21-09 04-23-09 SOV 04-23-09 NOH Meeting Date: 05-26-09 04-23-09 POS Regular and Certified Mail 05-15-09 POS Posting Observation: White van expired tagluntaggedlinoperable vehicle. Deterioration of existing fence and overgrawn grass/weeds. Officer Delgado gave a brief history of the case and stated, as of today, the property is in non-compliance of 165-3 (vehicle). Member Lowerv. seconded bv Member Morton. moved in Case Number 09-091 to find the respondents in violation of 165-3 as cited as of Avril 13, 2009, and in comvliance of 165-4, 95-3, and 115-5: and be given until June 12, 2009. to complv or be fined $50/per dav thereafter. Motion carried unanimous Iv. Case No. 09-092 - Thomas H. Moore III & Kerri V. Moore 422 E. Lakeshore Drive Officer Delgado Violation Cited: 115-5 04-09-09 NOCV 04-23-09 SOY 04-23-09 NOH 04-23-09 POS Re- Inspection Date: 04-21-09 Meeting Date: 05-26-09 Regular & Certified Mail Page 8 of 15 Code Enforcement Board Minutes May 26, 2009 Observation: Overgrown grass/weeds. Officer Delgado gave a brief history of the case and stated, as of today, the property is in compliance. Member Lowerv. seconded bv Member Alexander, moved in Case Number 09-092 to find the resvondents in violation as cited as of April 20, 2009. but in compliance as of Mav 26, 2009, and no fine be assessed at this time. Motion carried unanimous Iv. Case No. 09-094 - Kelly Anderson 701 Broadway Drive Officer Delgado Violadon Cited: 115-6, 115-5, 115-3, 95-3 04-09-09 NOCV Re-Inspection Date: 04-21-09 04-23-09 SOY 04-23-09 NOH Meeting Date: 05-26-09 04-23-09 POS Regular & Certified Mail 05-15-09 POS Posting Observation: Overgrown grass/weeds. Swimming pool dirty and green. Miscellaneous junk and debris on property. Deterioration of existing fence. Officer Delgado gave a brief history of the case and stated, as of today, the property is in non-compliance. The fence is down and the pool is exposed so the city is requesting for abatement. She further stated she spoke with owner who said home is going into foreclosure and is. abandoned. Alternate Member Hopper. seconded bv Member Morton, moved in Case Number 09-094 to find the respondents in violation as cited as of Avril 20, 2009, and be $liven until June 19, 2009, to comvlv or be fined $200/per dav thereafter. Also authorize the Otv to abate the nuisaf}ce and lien vropertv for cost of abatement. Motion carried unanimouslv. Case No. 09-095 - Vidal Gladys 779 Butterfly Creek Drive Officer Delgado Violation Cited: 115-5 04-07-09 NOCV Re-Inspection Date: 04-21-09 04-23-09 SOY 04-23-09 NOH Meeting Date: 05-26-09 04-23-09 POS Regular and Certified Mail 05-15-09 POS Posting Observation: Overgrown grass/weeds. Officer Delgado gave a brief history of the case and stated, as of today, the property is in non-compliance. The home is abandoned. Member Morton. seconded bv Alternate Member Hopper. moved in Case Number 09-095 to find the respondents in violation as cited as of April 19, 2009, and be given until June 5, 2009, to complv or be fined $50/ver dav thereafter. Also authorize the Citv to abate the nuisance and acid abatement cost to the fine. Motion carried unanimouslv. Page 9 of 15 Code Enforcement Board Minutes May 26, 2009 Case No. 09-099 - Michael A. & Tangela L. Green 2541 Dovetail Drive Officer Rodriguez Violation Cited: 165-3,165-4 04-20-09 NOCV Re-Inspection Date: 04-28-09 04-29-09 SOY 04-29-99 NOH Meeting Date: 05-26-09 04-29-09 POS Regular & Certified Mail Observation: Green pick up truck with expired tag (03/09) and front flat tire located on front of property. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in non-compliance. She further stated she has not heard from anyone and the owners do reside at the .address. Alternate Member HODDer. seconded bv Member Lowerv. moved in Case Number 09-099 to find the respondents in violation as cited as of Avril 27, 2009, and be given until June 19, 2009, to complv or be fined $100/a dav thereafter per violation. Motion carried unanimouslv. Case No. 09-109 - Sergio, Martha, & Sergio Jr. Medina 2732 Springfield Drive Officer Rodriguez Violation Cited: 168-6 04-22-09 NOCV Re-Inspection Date: 04-28-09 04-30-09 SOY 04-30-09 NOH Meeting Date: 05-26-09 04-30-09 POS Regular & Certified Mail 05-15-09 POS Posting Observation: Commercial vehicle for sale on front of property. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in non-compliance. Home is currently vacant and she has called the number on the vehicles and no one has contacted her back. Member Lowerv. seconded bv Member Alexander. moved in Case Number 09-109 to find the respondents in violation as cited as of Avril 28. 2009, and be given until June 5, 2009, to comvlv or be fined $100/a dav thereafter. Also authorize the Citv to abate the nuisance and add abatement cost to the fine. Motion carried unanimouslv. Case No. 09-111- Gerald E. Barrow & Michelle Mason-Barrow 2003 Applegate Drive Officer Rodriguez Violation Cited: 115-5 04-22-09 NOCV Re-lnspection Date: 04-29-09 04-30-09 SOY 04-30-09 NOH Meeting Date: 05-26-09 04-30-09 POS Regular & Certified Mail 05-15-09 POS Posting Observation: Overgrown grass/weeds. Officer Rodriguez gave a brief history of the case and stated, as of today, the property is in Page 10 of 15 Code Enforcement Board Minutes May 26, 2009 compliance. Member Morton. seconded bv Alternate Member HODDer, moved in Case Number 09-111 to find the resvondents in violation as cited as of Avril 29, 2009, but in compliance as of Mav 26, 2009, and no fine be assessed at this time. Motion carried unanimous Iv. Case No. 09-118 - William A. Jenkins 1595 Glenhaven Circle Officer Delgado Violation Cited: 95-3 03-20-09 NOCY Re-Inspection Date: 04-23-09 05-05-09 SOY 05-05-09 NOH Meeting Date: 05-26-09 05-05-09 POS Regular & Certified Mail Observation: Deterioration of existing fence. Member Alexander. seconded bv Member Morton, moved in Case Number 09-118 to dismiss case a,t the request of the Citv. Motion carried unanimous Iv. Case No. 09-119 - Bank of New York Mellon 151 Hopewell Drive Officer Loeffler Violation Cited: 108-24, 115-5 04-20-09 NOCV Re-Inspection Date: 05-05-09 05-05-09 SOY 05-05-09 NOH Meeting Date: 05-26-09 05-05-09 POS Regular & Certified Mail Observation: Vacant single family dwelling not maintained; overgrown grass and weeds over 10" within a residential neighborhood. Officer Loemer gave a brief history ofthe case and stated, as of today, the property is in non- compliance. Member Lowerv. seconded bv Member Morton, moved in Case Number 09-119 to find the Bank of New York Mellon in violation as cited as of Mav 5, 2009, and be given until June 12, 2009, to comvlv or be fined $100/a dav thereafier ver violation. Also authorize the City to abate the nuisance and add abatement cost to the fine. Motion carried unanimous Iv. Case No. 09-123 - Luis C. Deoliveira 735 Neumann Village Court Officer Delgado Violation Cited: 115-5 04-15-09 NOCY Re-lnspection Date: 04-23-09 05-07-09 SOY 05-07-t>9 NOH Meeting Date: 05-26-09 05-07-09 POS Regular & Certified Mail 05-15-09 POS Posting Observation: Overgrown grass/weeds. Officer Delgado gave a brief history of the case and stated, as of today, the property is in non-compliance. Home is vacant and it seems property is going into foreclosure. Page 11 of 15 Code Enforcement Board Minutes May 26, 2009 Alternate Member HODDer. seconded bv Member Alexander, moved in Case Number 09-123 to find the resvondents in violation as cited as of Avril 22, 2009, and be $liven until June 19, 2009, to comvlv or be fined $50/ver dav thereafter. Motion carried unanimouslv. OTHER BUSINESS Case No. 02-009 - Colony Plaza Condominium Association, Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: 08-30-01 NOCV 01-11-02 SOY 01-11-02 NOH 01-11-02 POS 01-22-02 CO Re-Inspection Date: 01-07-02 Meeting Date: 01-22-02 Certified Mail Given until 04-23-02 to comply or be fmed $250/per day Vacate by 01-29-02 or be fmed $200/per day $250 per violation per day - 9 violations still exist Request for re-hearing & Reduction of fme 04-23-02 02-18-03 05-09-(l9 AC Observation: Numerous building and fire violations. OIF In compliance. Case No. 02-011 - Colony Plaza Condominium Association, Inc. 11100 W. Colonial Drive Officer Loeffler Violation Cited: 10-09-01 NOCV 01-11-02 SOY 01-11-02 NOH 01-11-02 POS 01-22-02 OC 01-28-02 NOH 01-28-02 POS 02-26-02 CO 04-23-02 OIF 02-18-03 05-09-09 AC Observation: Numerous building and fire violations. In compliance. Re-lnspection Date: 01-07-02 Meeting Date: 01-22-02 Certified Mail Meeting Date: 02-26-02 Meeting Date: 02-26-02 Certified Mail Given until 04-23-02 or pay $100/per day per violation $100 per violation per day Request for re-hearing & Reduction of fme 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 01-15-09 SOY 01-15-09 NOH 01-15-09 POS 01-16-09 POS 01-27-09 OC Re-Inspection Date: 11-21-08 Meeting Date: 01-27-09 Regular and Certified Mail Hand Delivery Meeting Date: 02-24-09 Page 12 of 15 Code Enforcement Board Minutes May 26, 2009 01-28-09 POS 03-11-09 CO 04-28-09 CO 05-04-09 POS 05-18-09 ANC Obseryation: 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-l through R-lAAA. 651 L.F. Roper Parkway is within an I-I zoning district. Regular and Certified Mail Given until 04-27-09 to comply or be fmed $50/per day. Extended until 05-15-09 Regular & Certified Mail Officer Loeffier stated property is in compliance. He has spoken with the Police Department and state website shows new address. Case No. 09-028 - Patricia Burney 1512 Lady Avenue Violation Cited: 105.4 01-22-09 NOCV 02-09-09 SOV 02-09-09 NOH 02-10-09 POS 02-16-09 POS 03-11-09 CO 03-24-09 CO 04-28-Q9 CO 05-18-09 ANC Observation: Failure to obtain any required fmal inspections for a partial re-roof, permit #08000865, issued on June 26, 2008. In compliance. Officer Rodriguez Re-Inspection Date: Meeting Date: 02-24-09 Certified Mail Posting Given until 03-23-09 to comply or be fmed $150/per day Extended until 04-27-09 Extended until 05-15-09 Officer Rodriguez gave an update stating that she received a call today that the owner is in the hospital. She is fine with the board giving an extension but it is up to the board. Alternate Member HODDer. seconded bv Member Lowerv, moved in Case Number 09-028 to extend compliance date until June 19, 2009. Motion carried unanimouslv. Case No. 09-034 - Katherine L. Andrews 1101 Ridgefield Avenue Violation Cited: 165-3,165-4 01-29-09 NOCV 03-03-09 SOV 03-03-09 NOH 03-03-09 POS 03-12-09 POS 03-24-09 OC 03-25-09 POS 04-20-09 POS 04-28-09 CO 05-08-09 NOC 05-13-09 AC Obsenation: UntaggedlExpired tag! Inoperable Vehicle. Officer Delgado Re-Inspection Date: 03-03-09 Meeting Date: 03-24-09 Regular & Certified Mail Posting Meeting date: 04-28-09 Regular & Certified Mail Posting Given until 05-08-09 or be fmed $1 OO/per day Received Page 13 of 15 Code Enforcement Board Minutes May 26, 2009 Officer Delgado stated the property is in compliance as of May 8, 2009. In compliance. Case No. 09-037 - Nicole M. and Ryan C. Shelley 1941 Hedgerow Circle Officer Siegrist Violation Cited: 51-13 02-11-09 NOCV 03-12-09 SOV 03-12-09 NOH 03-12-69 POS 03-24-09 OC 03-25-09 POS 04-17-09 POS 04-28-09 CO 05-14-09 AC Observation: Work without permit. 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. Re-Inspection Date: 03-12-09 Meeting Date: 03-24-09 Regular & Certified Mail Meeting Date: 04-28-09 Regular & Certified Mail Posting Given until 05-22-09 to comply or be fmed $150/per day In compliance. 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-lnspection 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 04-28-09 CO Given until 05-22-09 to comply or be fmed $100/per day Observation: White covered trailer must be stored behind front building line. Alternate Member HODDer. seconded bv Member Lowerv, moved in Case Number 09-058 to imvose fine of $100/ver dav effective Mav 23. 2009. until comvliance. Motion carried unanimous Iv. 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-lnspection Date: 03-18-09 03-20-09 SOV 03-20-09 NOH Meeting Date: 04-28-09 03-20-09 POS Regular & Certified Mail 04-28-09 CO Given until 05-22-09 to comply or be fmed $150/per day Observation: Exit light not working, Emergency lights not working. Inspector Sorenson stated, as of today, the property was still III non-compliance of emergency lights not working. Page 14 of 15 Code Enforcement Board Minutes May 26, 2009 Member Lowerv. seconded bv Member Morton, moved in Case Number 09-064F to imvose fine of$150/per dav effective Mav 23,2009, until compliance. 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 SOV 03-31-09 NOH Meeting Date: 04-28-09 03-31-09 POS Regular & Certified Mail 04-28-09 CO Given until 05-22-09 to comply or be fmed $25/per day Observation: Fence installation without required pennits, plans, approval, and inspections. Member Morton. seconded bv Alternate Member HODDer, moved in Case Number 09-072 to impose fine of $25/ver dav effective Mav 23, 2009, until comvliance. Motion carried unanimous Iv. COMMENTS Member Alexander stated they are doing a great job and they will be having a lot more of foreclosures and residents moving out which will cause their case load to increase but the officers are doing a wonderful job. Member Lowery stated he agrees with Member Alexander and it was wonderful to see the Mayor present at tonight's meeting. Member Hopper stated on abatement he looks for the officer's direction on if whether or not they feel it is worthwhile for the City to go out and correct the nuisance. ADJOURNMENT Meeting adjourned at 9:43 p.m. , elailie Sib bitt, eputy City Clerk Robert Godek, Chairman Page 15 of 15