01-24-2012 Minutes CODE ENFORCEMENT BOARD MINUTES
JANUARY 24, 2012
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 Hopper, Kelley, Lowery, Amey, Osborne, and Alt.
Member Blynder. Also present was Assistant to the City Manager / Code
Enforcement Manager Doug Gaines, Administrative Assistant Bridgett Ballard,
Board Attorney Mary Sneed, and Recording Clerk Stella McLeod.
ABSENT: Vice -Chair M. Godek and Alt. Member Sais were absent excused.
GUESTS: None.
Administrative Assistant Ballard administered the oath to the Code Enforcement Officers, Fire
Inspector, and anyone intending to speak regarding a case.
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 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.
A. Minutes of the NOVEMBR 22, 2011, Code Enforcement Board Meeting
B. Dismissal or Compliance (Cases #11 -275, 11 -276, 11 -277, 11 -279, 12 -001 were transferred to
the consent agenda)
Case Number Respondent Location of Violation
11 -279 PAMELA SALICKMA 443 ROBYNS GLENN ROAD
C. Order of Continuance (FEBRUARY 28, 2012, Meeting)
Case Number Respondent Location of Violation
12 -004 ERIC / TAMMY MASHBURN 6733 SAWMILL BLVD.
Member Lowery, seconded by Member Kelley, moved that the consent agenda be accepted as
presented by the City. The motion carried unanimously.
Member Lowery, seconded by Member Hopper, moved to hear Case #11 -109 first and that it be
followed by Cases #11 -257, 12 -003, 10 -168, and then revert back to the regular order of the agenda.
The motion passed unanimously.
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
The chairman solicited the board for a motion to re -hear Case#11-109.
Member Hopper, seconded by Member Kelley, moved to re -hear Case #11 -109 for a
recommendation for a possible reduction in fine. The motion passed unanimously.
Case No. 11 -109 Richard R. Wilson Jr. Life Estate, REM: Joel David Buckley
23 Cokles Key Drive Officer Delgado
Violation Cited: 51 -13
05 -02 -11 NOV Re- inspection date: 05 -17 -11
05 -19 -11 SOV
05 -19 -11 NOH Meeting date: 07 -26 -11
05 -19 -11 DOCS SENT BY Reg. & certified mail
07 -26 -11 CO Found in violation as of 05- 16 -11; to comply by 10 -25 -11 or
fine of $100.00 per day, per violation.
10 -25 -11 ANC
10 -26 -11 OIFL
10 -26 -11 POS Reg. & certified mail
12 -05 -11 AC
01 -10 -12 OIF Total due: $4,100.00
01 -10 -12 POS Reg. & certified mail
01 -11 -12 R for R Meeting date: 01 -24 -12
Observation: Garage /shop and temporary structure without required permits, plans, approval and inspections. Obtain
required permit(s) from City of Ocoee Building Department. Submit any additional required items as determined by the
permitting and review process.
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Officer Delgado asked the board if she could show photos of the property in Case #11 -257 whose
respondent is also a respondent in this case. The board consented. Officer Delgado showed photos
that documented the compliance of the property. Board Attorney Sneed confirmed with the officer
that no further action was needed as the property was in compliance.
Regarding the current case, Officer Delgado presented the case and gave its history. As of
December 5, 2011, the property is in compliance. The respondent is requesting a reduction of fine.
The officer reported that the board gave the respondent until October 25, 2011, to comply. Upon re-
inspection of the property on October 26th, the property was not in compliance. There is a $4,100
fine. The property is now in compliance as of December 5, 2011. Officer Delgado stated that the
City's costs in this case amount to $718.00. Board Attorney Sneed stated that there is a recorded
lien in this case; hence, the board will be making a recommendation to the commission.
The respondent addressed the board. Mr. Richard R. Wilson, 23 Cokles Key Drive, said that at the
code board meeting of November 22, 2011, he was told that they had to be in compliance by
December 12th or face fines. Somehow, he continued, they ended up with two different code
violation cases. The paperwork for the second case was the same as the first case. He said that he
could never get a clear answer as to what needed to be done to bring the property into compliance.
Once Mr. Wilson did find out what had to be done, he followed the directions he was given.
Additionally, Mr. Wilson said that he was told there would be no fines as long as they came into
compliance by the deadline. He added that he is on a fixed income of $368 per month and cannot
afford to pay fines. He did not receive a notice that he was not in compliance until November of
2011.
Chairman Godek asked if the respondent was at the board meeting when the matter was previously
discussed. Officer Delgado confirmed that the respondent was at the meeting. Mr. Wilson did not
disagree. Mr. Wilson continued that what was unclear was what structures on his property needed
to be permitted. Mr. Wilson said that neither he nor his roommate can afford the fines. They did
everything that they could to come into compliance once they found out what they were required to
do.
Chairman Godek reminded the respondent that given that he was at the meeting at which he was
told he had to come into compliance by October 25 it was all explained at that cession. Mr.
Wilson said that he called Officer Delgado to come out and re- inspect. He said he never got a notice
until the next month that there was a problem; hence, when she left his property that day, he thought
that he was in compliance. Mr. Wilson said that he was told that the tarps could remain temporarily
when he went to the building division.
Member Hopper asked who told Mr. Wilson that he could leave them. Mr. Wilson replied that
Mr. Bruce Dunford [of the building division] told him so. Officer Delgado replied that this is not
what the code said to her. She said that she told Mr. Wilson that if he went to the building division
and they gave him a permit, she would be fine with that. Officer Delgado added that the building
division said that they could not give him a permit because of the way the structure was attached to
the mobile home. She asked Mr. Wilson what constituted `temporary'. Ultimately the property was
found to be non - compliant.
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Member Hopper asked Officer Delgado if she could understand how this might be confusing to the
respondent. She answered affirmatively, and said that the respondent went back to the City and
spoke with another staff member who confirmed that permitting the structure would not be feasible.
Member Hopper expressed understanding with the respondent for the confusion that resulted from
being given two different answers from City staff.
Member Amey agreed with Member Hopper that the `right hand should know what the left hand is
doing' at the City.
Member Hopper, seconded by Member Amey, moved that in Case #11 -109, the board will
recommend to the City that the fine be eliminated altogether. The motion passed by a 4 to 3 roll call
vote with Chairman Godek and Members Lowery and Kelley dissenting.
Case No. 12 -003 Jose Torres / Ana Gomez
2532 Grand Poplar Street Officer Loeffler
Violation Cited: 115 -5 A.B.C., 108 -35, 108 -23 I.J.
12 -12 -11 NOV Re- inspection date: 01 -15 -12
01 -12 -12 SOV
01 -12 -12 NOH Meeting date: 01 -24 -12
01 -12 -12 DOCS SENT BY Reg. & certified mail
Observation: Tall weeds / grass. Tree branches hanging low over sidewalk. Unsecured rear exterior doors with
observed across unauthorized person(s) creating an attractive public nuisance; broken rear windows.
Officer Loeffler presented the case and gave its history. Exhibits (photos) were presented. As of
this meeting's date, the property is in compliance with the City's code with the exception of 108 -23
I.J.
Officer Loeffler observed two unidentified males arrive at the home and enter the vacant property
through the back screen room. Officer Loeffler observed that the power to the home was still
turned off for non - payment. He called the police. While waiting for the police, the two males exited
the home and drove off. The code enforcement officer gave the men's car tag number to the police.
Officer Loeffler further observed that the screen of the rear screen room had been cut. The sliding
glass door was opened, and there was window glass on the ground. The responding police officer
determined that nothing majored had occurred.
Officer Loeffler determined that an opened structure with unauthorized egress, tall weeds and grass
and overgrowth creates an attractive nuisance impacting the health, safety and welfare of the public
and the neighborhood. He secured the door with a cable tie. The next day, the officer began
executing the notification process. As of today's date, Officer Loeffler confirmed that there is now
power going to the dwelling. There are also new occupants. The property is in compliance with 108-
35. The broken window and tall grass /weeds still exist. The property is non - compliant with respect
to 115 -5 and 108 -23J.
Mr. Jeff Ross, 2502 Grand Poplar St., came to address the board as a concerned citizen (he lives
two doors down from the property being discussed). He stated that the Ocoee police had to be called
about the property. Mr. Ross feels that the house has become a nuisance since it became vacant,
and is starting to attract crime. The home was foreclosed upon in 2008. Mr. Ross has been
complaining about the house since 2010. People have been in and out of the house, he stated, for
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two months at a time. Mr. Ross commended Officer Loeffler for his help, and thanked the board for
their quick response when he has previously inquired about this problem.
Chairman Godek confirmed with Officer Loeffler that the City does not know who is living there.
Officer Loeffler said that he would be checking out that matter, but it would be another case
entirely. Board Attorney Sneed asked if the City wants reimbursement and abatement if the
property becomes empty again. Further discussion ensued.
Member Hopper wondered if the bank could help with this matter. Officer Loeffler said that the
deed is still in the former owners' name. Further discussion ensued. Member Amey concluded that
the board's hands are tied.
Member Kellen, seconded by Member Hopper, moved that in Case #12 -003 the respondents be
found in violation as cited as for 115 -5 ABC, 108 -35 and 108 23 IJ as of January 5, 2012, and in
compliance of 108 -35 as of January 24, 2012, and be given until February 7, 2012, to comply or
face a fine of $250 per day, per violation. The motion carried unanimously.
Member Hopper, seconded by Member Kelley, moved to re -hear Case #10 -168 for possible
recommendation of reduction offine. The motion carried unanimously.
Case No. 10 -168 — Marshall Smith & Any /All Unknown Interested Entity
2003 Nancy Ann Terrace Officer Loeffler
Violation Cited: 115- 3,108 -35
06 -29 -10 NOV Re- Inspection Date: 07 -06 -10
07 -15 -10 SOV
07 -15 -10 NOH Meeting Date: 07 -27 -10
07 -15 -10 Docs sent by Regular & certified mail
07 -19 -10 POP Posting
07 -29 -10 CO Found in violation as of 7/10/10 to comply by 08/13/10 or fine of
$200 per day, per violation and authorize city to remove debris and
secure structure, adding costs to fine.
07 -29 -10 Docs sent by Regular & certified mail
08 -24 -10 PER CEB Impose fine /lien and add costs for City to abate property
08 -25 -10 OIFL Fine accruing
08 -26 -10 POS Regular & certified mail
10 -13 -10 ANC
10 -20 -10 ANC
12 -20 -10 ANC
02 -28 -11 ANC
04 -28 -11 ANC
07 -27 -11 ANC
09 -28 -11 ANC
11 -28 -11 ANC
11 -29 -11 OIFL Total due: $188,800.00
11 -29 -11 POS Reg. & certified mail
01 -17 -12 R for R -hrg Meeting 01 -24 -12
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Observation: Trash/Debris. Public nuisance.
Officer Loeffler presented the case and gave its history. The fine totals $188,800. The home has
had a big impact on the neighborhood. The property was not owned by the financial institution at
that time. The City's costs are roughly $800, and the property is in compliance.
Member Lowery asked if the City had abated the property. Officer Loeffler said he did not think
so.
Mr. Edward Hru, 401 West Colonial Suite 5 Orlando, FL 32804, said that Fannie Mae got the
property back into compliance. Their point is that under Florida Statute 48.23 any fines accruing
should be eliminated because the bank did not own the property during the time that all of the
`interesting' things happened to the property. Chairman Godek asked if Mr. Hru's citation of the
statute was correct. The board attorney supported Mr. Hru's statement. She continued that typically
banks will clean up the property and pay minimal fees to get a release of lien filed because that is the
less expensive option.
When Chairman Godek asked the board attorney what the board's options were regarding costs,
she answered that the bank could pay the cost and the City issue the release without any further
action. The City has an action against the owners for the $188,000, but it is typically not worth the
effort to pursue.
Member Hopper said that from what he understands, the property is in compliance. The purpose of
the fine is to get folks to comply and that has happened, he continued.
Member Osborne said that it was her understanding that the $800 cost was associated with the
owners and not the bank. Board Attorney Sneed said that she understood that, but the bank is
offering to pay the cost if the City would then file a release of lien. When asked, Officer Loeffler
added that the affidavit of compliance for the property was issued November 28, 2011.
Member Hopper, seconded by Member Lowery, moved to recommend to the commission a
reduction of the fine to $800 for the City's administrative costs. The motion carried unanimously.
Case No. 11 -282 Anthony Faircloth / Heather Faircloth
1408 Wanda Street Officer Rodriguez
Violation Cited: 115 -3, 51 -13, 165 -3A, B, 165-9
11 -09 -11 NOV Re- inspection date: 11 -24 -11
12 -07 -11 SOV
12 -07 -11 NOH Meeting date: 01 -24 -12
12 -07 -11 DOCS SENT BY Reg. & certified mail
Observation: Miscellaneous junk / debris, construction materials, etc., in the backyard of property. Canopy installation
on the left side backyard of property without required permits, plans approval and inspections. Untagged vehicle,
white/blue Ford minivan in the backyard. Another pickup truck on jacks on the front of the property more than 48 hours
making the vehicle non - operating.
Page 6
Officer Rodriguez presented the case and gave its history. Exhibits (photos) were presented. The
only violation remaining on the property is for violation 51 -13. The respondents were given up until
November 24, 2011, to comply. As of today, the property is not in compliance.
Member Lowery, seconded by Member Amev, moved that in Case #11 -282 the respondents be found
in violation of 51 -13 as of November 24, 2011, and that they be given until February 10, 2012, to
comply or be fined $100 per day, per violation. The motion carried unanimously.
Case No. 11 -283 — James Mills / James Lake
1004 Oakwood Lane Officer Rodriguez
Violation Cited: 108 -23U, 108 -19I, NEC 110 -12
11 -22 -11 NOV Re- Inspection Date: 12 -05 -11
12 -07 -11 SOV
12 -07 -11 NOH Meeting Date: 01 -24 -12
12 -07 -11 DOCS SENT BY Reg. & certified mail
Observation: Broken back bedroom door, broken master bedroom door, no smoke alarms installed near sleeping area
and operable and uncovered electrical outlets around the house.
Officer Rodriguez presented the case and gave its history. The respondents were required to make
the necessary corrections to the property and schedule a re- inspection within 13 days of the date of
the letter stating the same. To date Officer Rodriguez has not received any phone calls from the
respondents to re- inspect. The property is not in compliance as of today.
Member Kelley, seconded by Member Hopper, moved that in Case #11 -283, the respondents be
ound in violation and cited as o November 29 2011 and be • iven until Februar 7 2012 to come
into compliance or be fined $100 per day, per violation for each day that the property remains non-
compliant.
Case No. 11 -284 — Alami Youssef
590 Belhaven Falls Drive Officer Delgado
Violation Cited: REPEAT VIOLATION OF 115 -6
12 -08 -11 NOV Re- Inspection Date: 12 -05 -11
12 -08 -11 SOV
12 -08 -11 NOH Meeting Date: 01 -24 -12
12 -08 -11 DOCS SENT BY Reg. & certified mail
01 -12 -12 PNP
Observation: Swimming pool dirty and green.
Officer Delgado presented the case and gave its history. Exhibits (photos) presented. As of today,
the property is in compliance.
Board Attorney Sneed confirmed that as a repeat violation, the board could impose fine up to $500
per day.
Member Amey, seconded by Member Osborne, moved that in Case #11 -284 the respondent be cited
as a repeat violator as of December 3, 2011, and in compliance as of January 24, 2012, and that no
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fine be assessed. The motion carried by a roll call vote of 5 to 2 with Chairman Godek and
Member Kelley dissentinz
Case No. 12 -002 — Regions Bank / Regions Bank Asset Mgt. c/o Regions Bank
252 Ocoee Apopka Road Officer Delgado
Violation Cited: 6 -10 B, C, D, 51 -13
12 -22 -11 NOV Re- Inspection Date: 01 -11 -12
01 -12 -12 SOV
01 -12 -12 NOH Meeting Date: 01 -24 -12
01 -12 -12 DOCS SENT BY Reg. & certified mail
01 -12 -12 Proof of service hand delivery.
Observation: Removal of 14 trees without required permits, plans, approval and inspections. Resurfaced driveway
without required site plan.
Officer Delgado presented the case and gave its history. Exhibits (photos) presented. As of today,
the property is non - compliant.
Chairman Godek asked if the bank ever responded. Officer Delgado said that the bank had
contacted neither her, nor the building division. She continued that when she contacted the planning
division, they let her know that a site plan had been submitted on January 17th. Officer Delgado
said that Mr. Antonio Fabre (of the planning division) said that he had sent out comments [regarding
the site plan]. Member Hopper surmised that all of the tree removal would be on the site plan. The
board attorney said that they have probably revised the plan to include whatever new trees will go on
the property.
Member Osborne concluded that there was not a plan initially; that the respondents went ahead and
had the work done although they did not have a permit.
Chairman Godek asked if the site plan showed the respondents replacing any trees.
Member Hopper asked if the tree stumps were still there. Officer Delgado answered `no'.
Chairman Godek asked if the bank had responded at all. Officer Delgado said that she had heard
nothing from the bank. Planning has received a site plan. Chairman Godek asked if the site plan
showed them replacing any trees. Officer Delgado answered that they are required to replace the
trees that were removed. Member Kelley said that he did not believe this was correct. He
continued that there were only certain trees that required replacement. Board Attorney Sneed said
that as they go through the process of getting the new site plan, it will show how many trees will go
on the site.
Member Osborne said that the point is the respondents had the work performed without a permit.
Code Enforcement Manager Doug Gaines remarked that the respondents will need about two
months to go through the approval process. Alt. Member Blynder asked if they could table the
matter. The board attorney suggested giving the respondents time to comply. Should they need more
time, she added, the deadline could be extended. Lastly, she added that approval of the site plan
would bring the respondents into compliance by retroactively giving them a permit to do what they
have done. Further discussion ensued.
-- - -- Page 8
Member Amey asked if certain trees do not require replacing. Officer Delgado said according to
Bruce [Dunford, building division], they are required to replace trees. Code Enforcement Manager
Doug Gaines said that the respondents will probably need two months to comply.
Member Osborne, seconded by Member Amey, made a motion that in Case #12 -002 the board find
Regions Bank in violation as of as of January 10, 2012, and that the bank has until March 23, 2012,
to come into compliance or be fined $100 per day, per violation. The motion carries unanimously.
OTHER BUSINESS
Case No. 11 -251 — Dawna / Marvin Wise
315 Phyllis Street Officer Siegrist
Violation Cited: 115 -5, 115 -3, 168 -6B(1)
10 -04 -11 NOV Re- Inspection Date: 10 -19 -11
10 -26 -11 SOV
10 -26 -11 NOH Meeting Date: 11 -22 -11
10 -26 -11 DOCS SENT BY Reg. & certified mail
11 -23 -11 CO FOUND IN VIOLATON AS OF SEPTEMBER 21, 2011; TO COMPLY BY '12-09-11, OR BE
FINED $100 PER DAY. PER VIOLATION.
11 -23 -11 VO 168 -6B(1)
11 -23 -11 POS Reg. & certified mail.
12 -13 -11 ANC
Observation: Weed / grass over 10 ", miscellaneous trash / debris on property. Three trucks are parked on grass.
A compliance deadline was previously given to the respondent. There is an affidavit of non-
compliance. The board is ready to impose the fine.
Member Lowery, seconded by Member Hopper, moved that in Case #11 -251 the fine be imposed
effective December 14, 2011. The motion carried unanimously.
Comments
Officer Loeffler — made mention of mortgage companies and lis pendens (notification to all parties
that a law suit may be filed). He noted that the information (regarding non - compliant properties)
does eventually make its way back to the financial institutions.
Member Kelley — said that there are times when citizens are told two different things by two
different City staff members which seems to be the way that this town runs.
Code Enforcement Board Manager Doug Gaines - agreed about the confusion. He added that
City Planner Mike Rumer ultimately told the respondent that he could not have the tarp. Mr.
Gaines said that he did not know what happened in the previous case. He agreed that the
respondent was originally told by the City that he could have the tarp up `temporarily'. Mr. Gaines
said that there was no definition given that defined `temporarily.
Page 9 --
Alt. Member Blynder – said that he wished there was something more that the board could have
done about the nuisance property. The board agreed that they had done all that they could.
Officer Loeffler -said that information about non - compliant properties will get back to the financial
institutions who own such properties.
Member Lowery – said that he hopes the board has an excellent year.
Chairman Godek – said `good job' and that he would see everyone next month.
ADJOURNMENT
Meeting adjourned at 8:14 p.m.
• T. ST: AP JOVE - OVE P :
fame.
Stella W. M` - Leod, CEB Recordi g C ' obert Godek, Chairman
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.
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