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02-28-2012 Minutes CODE ENFORCEMENT BOARD MINUTES FEBRUARY 28, 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 Lowery led the invocation and Member Amey led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Members Kelley, Lowery, Amey, and Osborne. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officer Robert Siegrist, Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Vice -Chair M. Godek, Member Hopper, Alt. Members Sais and Blynder 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 CONSII)EREI) 'I'() 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 TIIE BOARD, IN WIIICH 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 JANUARY 24, 2012, Code Enforcement Board Meeting Chairman Godek offered a correction to the minutes. Members Amey and Osborne were left off of the list of board members present. Board Recording Clerk McLeod agreed to make the correction. B. Dismissal or Compliance (Cases #12 -004, 12 -006, 12 -014, and 12-015 were transferred to the consent agenda) Case Number Respondent Location of Violation 12 -005 JOHN / BEVERLY SOBIK JR. 306 OCOEE APOPKA RD. SOBIKS SUBS /OFFICES (50) 12 -008 CAFLO SERVICES, INC. 268 N. LAKESHORE DR. TRL R #9 12 -009 GENARO MENDOZA 893 KIMBALL DRIVE C. Order of Continuance (MARCH 27, 2012 Meeting) Case Number Respondent Location of Violation 12 -013 ANGELA / ROBERT SCHMITT 1903 JESSICA LEA LANE 12 -020 VICTOR GUNRAJ 1794 PALMERSTON CIR. 12 -021 TRACY / MICHAEL WILSON 6733 SAWMILL BLVD. Member Lowery, seconded by Member Kelley, moved that the consent agenda be accepted with the changes to the minutes as recommended. The motion carried 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, , ORE - 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. 12 -007 Maggie Jones 1104 Doreen Avenue Officer Siegrist Violation Cited: 105.4 01 -11 -11 NOV Re- inspection date: 01 -23 -12 01 -26 -12 SOV 01 -26 -12 NOH Meeting date: 02 -28 -12 01 -26 -12 Does SENT BY Reg. & certified mail Observation: Expired City permit #1001624 for enclosed structure for existing patio without a final inspection. Officer Siegrist presented the case and gave its history. No final inspection has been performed; hence, the property is in non - compliance. Member Kelley, seconded by Member Osborne, moved that in Case #12 -007 the respondent be found in violation as cited as of January 21, 2012, and be given until March 14, 2012, to come into compliance or forfeit $50 per day, per violation. The motion carried unanimously. Case No. 12 -012 Dean Harper, Inc. c/o Emmett Dean Harper 86 Buck Key Court Officer Siegrist Violation Cited: 108 -35 01 -04 -12 NOV Re- inspection date: 02 -04 -12 02 -04 -12 SOV Page 2 02 -07 -12 NOH Meeting date: 02 -28 -12 02 -07 -12 DOCS SENT BY Reg. & certified mail Observation: Mobile home destroyed by fire. Also, fire damaged miscellaneous trash /debris on property. Officer Siegrist presented the case and gave its history along with exhibits (photos). As of today, the property was re- inspected and determined to be non - compliant; the respondent has been working on the property, but has not made contact with the officer. Member Amey asked what will the respondent would have to do. Would he have to take all of that down? Officer Siegrist answered that the remains from the house would just have to be removed from the trash and debris that's left. He added that the original notice of violation was for a month, which was pretty good, but here it is February 28 so that is a bit further out. The officer ended by saying that the respondent is making progress as was said. Chairman Godek said that he had a question about house fires. If a house had a fire, he said, is it a month later that you have to tear it down? Officer Siegrist answered `no', that is totally subjective because sometimes the department allows a little bit longer for insurance companies or the state fire marshal to do its investigation (this happens to be a suspicious fire). Member Amey asked if the officer had to wait for the insurance company in this case. Officer Siegrist answered `no'; the property owner chose not to [wait]. Member Kelley verified that there are children in the area of this property. Member Kelley asked when the fire marshal released the property Member Kelley, seconded by Member Lowery, moved that in Case # 12 -012 the respondent be found in violation as cited as of February 4, 2012, and given until March 14, 2012, to come into compliance or forfeit $100 per day, per violation. The motion carried unanimously. OTHER BUSINESS Case No. 11 -282 Anthony Faircloth / Heather Faircloth 1408 Wanda Street Officer Rodriguez Violations 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. Officer Siegrist stated that the property was re- inspected on February 13, 2012. An affidavit of non- compliance was issued by Officer Rodriguez. Member Lowery, seconded by Member Kelley moved in Case #11 -282 to impose fine as of February 11, 2012. The motion carried unanimously. Page 3 - -- Case No. 11 -283 — James Mills / James Lake 1004 Oakwood Lane Officer Rodriguez Violations 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 01 -24 -12 CO Found in violation as of 11 -29 -11 and to comply by 02 -07 -12 or be fined $100 per day. 02 -08 -12 ANC 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 Siegrist declared that the property was non - compliant. Member Lowery, seconded by Member Kelley, moved in Case #11 -283 to impose fine as of February 8, 2012. The motion passes unanimously. Case No. 12 -003 — Jose Torrez / Ana Gomez 2532 Grand Poplar Street Officer Loeffler Violations 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 01 -24 -12 CO In compliance of code 108 -35 as of 01- 24 -12. Found in violation of 115- 5(ABC), and 108 -23J as cited 01- 05 -12. To comply by 02 -17 -12 or fine of $250 per day, per violation. Observation: Tall weeds / grass. Tree branches hanging low over sidewalk. Unsecured rear exterior doors with observed across by unauthorized person(s) creating an attractive public nuisance. Broken rear windows. Officer Siegrist reported that the property is non - compliant as of last Officer Loeffler's re- inspection. There is an affidavit on file documenting the non - compliance. Member Kelley, seconded by Member Lowery, moved in Case #12 -003 to impose fine effective February 18, 2012. The motion carried unanimously. Comments Board Attorney Sneed - none Administrative Assistant Ballard — none. Code Enforcement Officer Robert Siegrist — none. — -- Page 4 — — Member Lowery — said that he hopes that the citizens will really put out this year [work to have properties in compliance with the City Code]. Member Amey - asked if some of the properties are not fixed due to the economy. Officer Siegrist answered 'yes' and that some of the properties are vacant. Member Kelley - agreed with Member Lowery's remarks. Code Enforcement Manager Doug Gaines - said that some of the properties are foreclosed, and folks do not care. Member Osborne — none. Chairman Godek — none. ADJOURNMENT Meeting adjourned at 7:21 p.m. A TEST: AP' ' • ED: di a W. M`Leod, EB Recor i ng Jerk o ert 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. -- — Page 5 - —