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03-27-2012 Minutes CODE ENFORCEMENT BOARD MINUTES MARCH 27, 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 Alt. Member Blynder. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Robert Siegrist, Theresa Rodriguez, and Carmen Delgado, Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Vice -Chair M. Godek, Members Hopper and Osborne, 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 FEBRUARY 28, 2012, Code Enforcement Board Meeting 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 -020 VICTOR H GUNRAJ 1794 PALMERSTON CIRCLE 12 -021 TRACY L WILSON 2781 PLUMBERRY MICHAEL W WILSON AVENUE 12 -023 JODI KELZER, LLC. 345 ENTERPRISE STREET 12 -026 EDMOND R LUTZ 408 S CUMBERLAND AVENUE 12 -027 ANTONIO HERRERA 41 SHELL KEY COURT 12 -028 RAY HARPER TRUST 73 N CIRCLE KEY DRIVE AGREEMENT SUSAN SHARP 12 -029 VICTOR RAMDHAM 615 LYMAN AVNEUE 12 -030 ROBERTO RANGEL 1107 BELLINI LANE MARIA F RANGEL 12 -032 JAMES E ELMORE 51 W CIRCLE KEY DRIVE CONNIE M ELMORE 12 -033 RODNEY HARPER 1/3 INT 72 SAND DOLLAR KEY STEPHEN HARPER 1/3 INT DRIVE LISA RENEE HARPER 1/3 INT C. Order of Continuance (MARCH 27, 2012 Meeting) Case Number Respondent Location of Violation Member Lowery, seconded by Member Amey, moved that the consent agenda be accepted as presented. The motion carried unanimously. Member Lowery, seconded by Member Kelley, moved to hear Case #11 -014 first, Case #10 -248 second, Case #11 -227 third, and then revert back to agenda. 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. 11 -014 — Lake Bennett Village, LLC 75% Int., Charles E. Hawthorne 25% Int. 955 Chicago Avenue Officer Siegrist Violation Cited: 108 - 35,115 -3 12 -21 -10 NOV Re- inspection Date: 01 -24 -11 01 -25 -11 SOV 01 -25 -11 NOH Meeting Date: 02 -22 -11 01 -25 -11 POS Reg. & certified mail 02 -22 -11 CO Found in violation as of 01 -21 -11 to comply by 03 -11 -11 o fine of Page 2 $150 per day, per Violation and authorize the city of abate property and assess fees adding to fine. 03 -22 -11 Per CEB Impose fine / lien as of 03 -12 -2011. 03 -22 -11 OIFL 03 -23 -11 POS Reg. & certified mail 05 -24 -11 ANC 07 -25 -11 ANC 09 -26 -11 ANC 11 -28 -11 ANC • 02 -03 -12 AOC 02 -06 -12 OIFL Total due: $98,400. 02 -06 -12 POS Reg. & certified mail 03 -05 -12 Request for Reduct. Meeting Date: 03 -27 -12 Observation: House (with numeric 762 on front), and mother-in-law house over garage, and accessory structures in poor condition an unsecured. Also, house in line with Chicago Avenue and accessory structure, in poor /dilapidated condition. Also miscellaneous trash/debris on property. Member Lowery, seconded by Member Kelley, moved that the board re -hear Case #11 -014 for the purpose of possible fine reduction. The motion carried unanimously. Officer Siegrist presented the case which was originally heard on February 22, 2011. The respondents were rdered to comply by March 11 or pay $150 per day, per violation. As of March 15 there was an affidavit of non - compliance. On February 3, 2012, there was an affidavit of compliance. Total fees due: $98,400. Mr. Randy June, 14 South Main St., Winter Garden, came to speak about the case. He said that he came just 'begging for mercy'. Mr. June said that they intended to develop the property when it was acquired. Given the economy and a lack of funds, he said, they were unable to tear down the house. They ended up bulldozing the house for $9,500. Chairman Godek asked if the property had been sold. The property has not been sold, but it is going back to the owners, said Mr. June. When the chairman asked the board if there were any questions, Attorney Sneed reminded the chairman that the board will make a recommendation only. Member Kelley asked if the property is in compliance. Officer Siegrist answered affirmatively, as of February 3rd. Member Amey asked what the City's costs were. Officer Siegrist answered that the costs were approximately $1,500. Member Amey, seconded by Alt. Member Blynder, moved that in Case #11 -014 the board recommend that the _fee be reduced to $1,500 to be paid within 30 days. Member Kelley said that the amount seems awfully low, and people around the property had to look at it for a year. He continued saying that it sends a message that all one has to do is walk in and ask forgiveness for ignoring City codes. Member Kelley proposed an amendment to the motion reducing the fine to $10,000 plus $1, 500 in lieu of the $98, 400. The proposed amendment died for lack of a second. Page 3 The chairman called for the vote on the original motion. There were two dissenting vote; hence, a roll call vote was taken. The original motion fails with three dissenting votes (Chairman Godek and Member Lowery and Kelley). Chairman Godek solicited the board for another motion. Member Lowery, seconded by Alt. Member Blynder, moved in Case #11 -014 to recommend reducing the fine to $5000 including City costs. The motion carried by a roll call vote of 3 to 2 (Members Amey and Kelley dissentin. ). Case No. 10 -248 — Diane and Alfred Leopold • 419 Abbeyridge Court. Officer Delgado Violation (s) Cited: 51 -13, 115 -6, 108 -25 09 -15 -10 NOV Re- inspection date: 09/28/10 09 -30 -10 SOV 09 -30 -10 NOH Meeting date: 10/26/10 09 -30 -10 Docs sent by: Reg. & certified mail 10 -15 -10 POP Posting 10 -26 -10 CO Found in violation as of 09 -21 -10 to comply by 11 -05 -10 or fine $100 per day, per violation. 11 -09 -10 AN -C 11 -23 -10 Impose Fine Per C.E.B. found in compliance for 51 -13, 108 -25 as of 11- 08 -10. Impose Fine as of 11 -06 -10 for 115-6. 12 -01 -10 OIFL 12 -01 -10 POS Reg. & certified mail 02 -02 -11 ANC 04 -12 -11 AN -C 06 -14 -11 AN -C 08 -16 -11 AN -C 08 -17 -11 OIFL Total due: $28,400 08 -17 -11 POS Reg. & certified mail 02 -15 -12 REQUEST FORREDUCT. MEETING DATE: 3/27/2012 Observation: Demolition of screen enclosure without required premier, plans, approval and inspections. Swimming is pool green and dirty water, multiple people renting rooms in the house. Member Amey, seconded by Member Kelley, moved that the board re -hear Case #10 -248 for possible reduction of fine. The motion carried unanimously. Officer Delgado gave the history of the case. Photos presented. $29,117.36 ($717.36 is City's costs). There was some discussion as to whether Ms. Laura Ballard, representing American Home Mortgage Services, Inc., could speak. Given that the property was foreclosed, the Leopolds no longer own the property, and the bank does, Attorney Sneed determined that Ms. Ballard is the person who can speak about this case as well as Case #11 -227. Ms. Ballard gave the board a timeline of the bank's involvement with the property. She said that there was a foreclosure sale on June 23, 2011; code violations were found and the bank took possession of the property as of July 18, 2011. On the certificate title was the address in care of a law Page 4 office rather than the bank's address. There has been a transfer of title since then. The bank received the notice of order December 6, 2011, and sent a crew to the property by December 15 to perform clean -up. The property should be fully in compliance. Attorney Sneed asked if the bank secured the pool once it took title to the property. Ms. Ballard was did not have documentation, but said that this would be normal practice for the bank. Member Kelley did not understand why the bank secured the pool, but did not bring the property up to code otherwise. Ms. Ballard answered that she did not know what instructions were given regarding code violations. Chairman Godek said to the Attorney Sneed that this case is against the previous owner. He asked if the City had any recourse. Attorney Sneed answered that there was questions as to whether the City's lien was foreclosed; however, a lot of title companies will still show the lien as `clouded' rather than `cleared'. Attorney Sneed explained that the lien is against the property and was foreclosed. The bank had a mortgage interest that was foreclosed, she continued. Because in these cases title companies do not typically show titles as clear, the banks come to code boards to ask for a reduction in fine in an effort to resolve liens. The only other way to have a clear title is through a lawsuit which is much more expensive. MemberAmey moved that in Case #10 -248, the board recommend to the commission that the lien be reduced to $800. The motion dies for lack of a second. Member Kelley, seconded by Member Lowery, moved that in Case #10 -248 the board recommend to the commission to reduce the lien to $3, 000 plus the $717.36 cost incurred by the City. The motion carried unanimously. Case No. 11 -227 — American Home Mortgage Servicing, Inc. c/o Law Office of Daniel Consuegra 419 Abbey Ridge Court Officer Siegrist Violation Cited: 108 -22, 108 -24D, 115-6, 108-23M (1 & 2), 108-23N (1 &2) 08 -26 -11 NOV Re- Inspection Date: 09 -12 -11 09 -13 -11 SOV 09 -13 -11 NOH Meeting Date: 09 -27 -11 09 -13 -11 DOCSSENTBY Reg. & certified mail 09-27-11 CO FOUND IN VIOLATON AS OF SEPTEMBER 9, 2011; TO COMPLY BY OCTOBER 28, 2011 OR BE FINED $100 PER DAY, PER VIOLATION. 10 -31 -11 ANC Observation: Minimum standards housing inspection. Excessive grass /weeds — trash/debris. Dirty swimming pool water. Missing ceiling fans / exposed electrical wiring. Missing electrical outlet faceplate covers throughout. Damaged exterior electrical porch lite /fixture (south side); one (1) missing exterior electrical A/C condenser /compressor (south side). Front door does not fit / seal properly — damaged door molding & jam. Remedial /corrective action: Mow grass /weeds and remove all trash /debris. Clean swimming pool water. Install missing ceiling fans or covers to NEC code. Secure replace /repair exterior electrical porch light fixture and install cover to NEC code. Obtain A/C mechanical permit, and all necessary inspections, at City Hall and replace missing exterior electrical A/C condenser /compressor to NEC code. Front door to fit /seal properly — repair /replace front exit personnel door molding /jam. Page 5 Officer Siegrist presented the case and gave history. The board originally heard this case on September 27, 2011 and ordered that the property come into compliance as of October 28, 2011, or [be fined] $100 per day, per fine. On January 21, 2012, the affidavit of non - compliance was issued. On January 25, 2011, an affidavit of compliance was issued. Total amount due: $44,000. Member Kelley asked when the respondents were in compliance. Officer Siegrist answered January 25, 2011. The member then asked when the respondents were out of compliance. Officer Siegrist answered January 21, 2011. Member Kelley concluded that the respondents were out of compliance for 80 days times; hence, that would be 80 days times $100. Officer Siegrist confirmed that this was right. Member Amey asked about the City's costs. Officer Siegrist answered that the City's costs were $700. The chairman asked if Ms. Ballard had any comment. She said that she had no comment. Alt. Member Blvnder, seconded by Member Amev, moved that in Case #11 -227 the board recommend a reduction of the fine to $3, 000. The motion carried unanimously. Case No. 12 -013 — Angela / Robert Schmitt 1903 Jessica Lea Lane Officer Rodriguez Violation Cited: 105.4 01 -19 -12 NOV Re- Inspection Date: 02 -18 -12 02 -09 -12 SOV 02 -09 -12 NOH Meeting Date: 02 -28 -12 02 -09 -12 DOCS SENT BY Reg. & certified mail 02 - - OC Meeting date: 03 -27 -12 Observation: Failure to obtain any required inspections for an addition, permit #0600815, issued on April 13, 2006 and expired on October 10, 2006. Officer Rodriguez presented the case and gave its history. The property was not in compliance as of the board meeting date. Chairman Godek asked if the notice was delivered. Officer Rodriguez answered that the notice was delivered to the respondent. Mrs. Angela Schmitt, 1903 Jessica Lea Lane, said that there was an issue with her receiving her mail and that she did not receive the original citation. She said that she has two kids and her husband lost his job. Mrs. Schmitt described the work that has been done on the house. The unfinished portion is in the back of the house, and there is no certificate of occupancy. The only person to whom the home would be an eyesore, Mrs. Schmitt said, would be her family. Chairman Godek said that the [issue] is that there was no inspection. Mrs. Schmitt said that she has had inspections which [the project] failed. Then they were told (by the City inspectors) that there was a lien on the house and that they failed the inspection due to a building code change. She Page 6 said that the inspector `grandfathered' them at that time. Mrs. Schmitt said that she contacted Jim Washington in the building division and asked what they could do. Chairman Godek asked Mrs. Schmitt why she thinks the permit has not expired although the building division says that it has. Officer Rodriguez answered that the permit did expired, but extensions were given under previous Building Official Ralph Jones. The officer added that Mrs. Schmitt was given a 90 -day extension (as of March 2007). Mrs. Schmitt did request a final inspection. Officer Rodriguez explained that subsequent inspections are done with the expectation that problems in previous inspections have been corrected. On September 9, 2008, the case was transferred to code enforcement when the corrections were not made. Building Official Jim Washington gave the Schmitts a 90 -day extension in 2008. Following the end of the second extension, the case came again to code enforcement which brings the matter up to date to tonight's meeting. Chairman Godek asked what the options were for compliance. Officer Rodriguez said that the board will need to determine the amount of time the respondent can take to come into compliance. Member Lowery asked if Ms. Schmidt knows what her options are. Officer Rodriguez said yes, the permits state what needs to be done as well as the notices sent by code enforcement. Member Lowery asked how many inspections she has had or how many are there that failed. Officer Rodriguez said the issues have to do with the re- roofing, the electrical and such. Every time the inspectors go out they write down what needs to be done, but the respondent says she cannot afford the materials at this time. The option is up to the board as to how much time Mrs. Schmitt will be given to comply. Attorney Sneed asked if staff has a recommendation as to the amount of time. Officer Rodriguez said that because code enforcement had not been contacted by the respondent, the matter became a board case. Mrs. Schmitt said that she did email the City, but, Officer Rodriguez said, it was the building division she contacted, not code enforcement. Discussion ensued as to what options the City and the board have. Board members asked how much time Mrs. Schmitt thought she'd need. Mrs. Schmitt said one year would be good. Chairman Godek asked if that would be objectionable to the City. Code Enforcement Manager Doug Gaines shook his head 'no'. Further discussion ensued. Member Kelley asked if anyone in the neighborhood] was complaining about the unfinished project. Officer Rodriguez answered `no'. Alt. Member Blynder concluded that the matter is not about completing the addition, but about bringing into compliance the part of the project that has been added. Officer Rodriguez answered `no, it is about completing the project since the permit is still open'. Attorney Sneed said that the board is going to make a motion, assuming the board finds the respondent in violation, setting a deadline by which Mrs. Schmitt must comply by having a final permit or otherwise fines will start. Member Lowery, seconded by Member Kelley, moved that in Case #12 -013 the respondent be found in violation as cited as of February 3, 2012, and that the respondent be given until March 25, 2013, to comply or be fined $100 per day, per violation for failure to comply. The motion carried unanimously. Page 7 Attorney Sneed reminded the board that the respondent always has the option to request an extension, and that the board may reduce the amount of a fine that accrues. Member Lowery directed Mrs. Schmitt to please stay in contact with the City about this case. Case No. 12 -022 — Renee Godber 1233 Russell Drive Officer Siegrist Violation Cited: 115 -3 02 -23 -12 NOV Re- Inspection Date: 03 -06 -12 03 -13 -12 SOV 03 -13 -12 NOH Meeting Date: 03 -27 -12 03 -13 -12 DOCSSENTBY Reg. & certified mail Observation: Misc. trash / debris on property. Officer Siegrist presented the case and gave its history. Exhibits were presented (photos). As of March 27, 2012, the property was non - compliant. Chairman Godek asked if anyone is living there. Officer Siegrist answered that he thought someone was living there. Member Kelley, seconded by Member Lowery, moved that in Case #12 -022 the respondent be found in violation as cited as of March 5, 2012, and be given until April 15, 2012, to comply or be fined $100 per day, per violation for each day the property remains non - compliant. The motion carried unanimously. Case No. 12 -031 — Eric / Yves -Rose Franklin 2368 Blake Way Officer Loeffler Violation Cited: 115 -5 A.B.C., 115-3, 108-23Q 02 -08 -12 NOV Re- Inspection Date: 02 -27 -12 03 -14 -12 SOV 03 -14 -12 NOH Meeting Date: 03 -27 -12 03 -14 -12 Docs SENT BY Reg. & certified mail Observation: Broken / damaged garage door, misc. junk / debris and tall weeds in rear yard. Officer Loeffler presented the case and gave its history. Exhibits (photos) were shown. The home is occupied. Attorney Sneed asked if the property was in compliance regarding 108.23Q by February 23, 2012. Officer Loeffler answered `yes'. Member Kelley, seconded by Member Lowery, move that in Case #12 -031 the respondents be found in violation of codes 115 -5A. B. C. and 115 -3 as of February 23, 2012, and be given until April 15, 2012, to comply or be fined $50 per day, per violation. The motion passed unanimously. Page 8 OTHER BUSINESS Case No. 12 -002 Regions Bank, Regions Bank Asset Mgt., c/o Regions Bank 252 Ocoee Apopka Road Officer Delgado Violations Cited: 115 -3, 51-13, 165-3A, B, 165-9 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 01 -24 -12 CO Found in violation as of 01- 10 -12. To comply by 03 -23 -12 or fine of $100 per day, per violation. Observation: Removal of 14 trees without required permits, plans, approval and inspections. Resurfacing driveway without required site plan. Officer Delgado presented the case and gave its history. The respondents are not in compliance yet, but are working with the building division. The officer asked the board to give the respondent three additional months. Member Kelley, seconded by Member Amey, moved that in Case #12 -002 to extend the compliance date to June 23, 2012. The motion carried unanimously. Case No. 12 -007 — Maggie Jones 1104 Doreen Avenue Officer Siegrist Violations Cited: 105.4 01 -11 -11 NOV Re- Inspection Date: 01 -21 -12 01 -26 -12 SOV 01 -26 -12 NOH Meeting Date: 02 -28 -12 01 -26 -12 DOCS SENT BY Reg. & certified mail 02 -28 -12 CO Found in violation as of 01- 21 -12. Must comply by 3 -14 -12 or be fined $100 per day. Observation: Expired City permit #1001624 for enclosed structure for existing patio without a final inspection. Officer Siegrist presented the case and gave its history. As of March 14, 2012, the property was not in compliance. Member Lowery, seconded by Member Kelley, moved that in Case #12 -007 the board impose fine effective March 15, 2012. The motion carried unanimously. Case No. 12 -012 Dean Harper, Inc. c/o Emmett Dean Harper 86 Buck Key Court Officer Siegrist Page 9 Violation Cited: 108 -35 01 -04 -12 NOV Re- inspection date: 02 -04 -12 02 -04 -12 SOV 02 -07 -12 NOH Meeting date: 02 -28 -12 02 -07 -12 DOCS SENT BY Reg. & certified mail 02 -28 -12 CO Found in violation as of 02- 04 -12. To comply by 03 -14 -12 or be fined $100 per day until compliance is reached. 03 -13 -12 AC Observation: Mobile home destroyed by fire. Also, fire damaged miscellaneous trash/debris on property. Officer Siegrist reported that the property is in compliance; no further action needed to be taken by the board. COMMENTS Member Blynder - none. Member Amey — none. Member Lowery - You all are doing an excellent job; appreciate every one's efforts. Member Kelley — echoed Member Lowery's sentiments. Chairman Godek - Good job, everybody. Meeting closed. ADJOURNMENT Meeting adjourned at 7:52 p.m. A P EST: APPROV .• , h - 04. / ' ' 1/ Stella W. M-Leod, CE : Re I • g Clerk Robert 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 10