04-24-2012 Minutes CODE ENFORCEMENT BOARD MINUTES
APRIL 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 Lowery led the invocation and Member Kelley led the
Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present.
PRESENT: Chairman Godek, Members Osborne, Kelley, Lowery, Amey and Alt. Member Blynder. Also
present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Fire
Inspector Shawn Sorenson, Code Enforcement Officers Robert Siegrist, Edward Loeffler,
and Carmen Delgado, Administrative Assistant Bridgett Ballard, Board Attorney Mary
Sneed, and Recording Clerk Stella McLeod.
ABSENT: Vice -Chair M. Godek, Member Hopper, 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 MARCH 27, 2012, Code Enforcement Board Meeting
B. Dismissal or Compliance (Cases #12 -032, 12 -037, 12 -039, and 12 -041, 12 -43, 12 -045, 12 -046, 12 -047,
12 -052, 12 -054 were transferred to the consent agenda)
Case Number Respondent Location of Violation
12 -032 JAMES / CONNIE ELMORE 51 W CIRCLE KEY DRIVE
Ofc: CD
12 -037 RHYS / VIVIAN DERVAN 710 VANDERGRIFT DRIVE
Ofc: TR
12 -046 DEAN HARPER, INC. 84 BUCK KEY COURT
Ofc: CD
12 -047 BETTY PEDRICK / 81 SIESTA KEY COURT
Ofc: CD ODILION RAMIREZ
12 -052 M/I HOMES OF ORLANDO, LLC. 783 AYDEN OAK LANE
Ofc: RS
C. Order of Continuance (MAY 22, 2012 Meeting)
Case Number Respondent Location of Violation
12 -040 ERICA SILVIA TORRES 55 PERIWINKLE KEY DRIVE
Ofc: CD
12 -042 JAMES / NANCY WIGGINS 120 COKLES KEY DRIVE
Ofc: CD
12 -053 ANTONIO HERERRA / 41 SHELL KEY COURT
Ofc: CD JUAN GALVAN
Member Lowery, seconded by Member Kelley, moved that the consent agenda be accepted as presented.
The motion carried unanimously.
COMMENTS FROM CITIZENS
None.
HEARINGS OF STATEMENTS OF VIOLATIONS
PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON .LINE 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, 01F/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 - 033 – Rodney Harper, 1/3 Int., Stephen Harper, 1/3 Int., Lisa Harper, 1/3 Int.
72 Sand Dollar Key Drive Officer Delgado
Violation Cited: 108 -24D3, 51-13, 108-23G, M(1)(2), N(1)(2), E(1)(2)
02 -28 -12 NOV Re- Inspection Date: 03 -15 -12
03 -16 -12 SOV
03 -16 -12 NOH Meeting Date: 04 -24 -12
03 -16 -12 DOCS SENT BY Reg. & certified mail
Observation: New water heater in bedroom closet without required permits, plans, approval and inspections. Repair /replace
front and back steps (wood at back steps rotten and unsafe, bottom steps repair same). Front and back doors need to be weather
and watertight. Bathroom ceiling leaking, repair same.
Officer Delgado presented the case and gave its history. In response to a complaint, Officer Delgado
conducted a minimum housing inspection and discovered several code violations. The respondents were
given thirty days (beginning August 11, 2011) to correct the violations. Later an owner asked for more time
and was given until October 17, 2011, to comply. As of the beginning of October, the respondents moved
out. The owner then asked for more time to correct violations. Given that the property was now empty,
Officer Delgado granted the owner an extension until November 20, 2011, so that he could work on the
property and acquire needed permits. She granted him another request for an extension until February 27,
2012. By February 28, 2012, she had heard nothing from the owner. Officer Delgado stated that a notice
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of violation was sent to Rodney Harper, Stephen Harper, and Lisa Renee Harper at 12960 Reeves Road in
Winter Garden, Florida. The respondents were given until March 12, 2012, to correct the violations.
Officer Delgado re- inspected the property and found the property to be non - compliant, and it is in non-
compliance as of today.
Chairman Godek asked if the officer had heard from anyone. Officer Delgado answered that she had not
heard from the owner since November 2011. Member Kelley asked for an explanation for adding a
violation of 108 -24D3 since nothing in the officer's written description noted any cleanliness issues.
Officer Delgado answered that when they do a minimum housing inspection, part of the responsibility of
the owner or occupants is to maintain the property in a clean manner. Member Kelley asked if it was not
simply `piling on' by adding the violation of this code.
Attorney Sneed interjected that the officer needs to list violations that can be proven. The officer
consented to remove the violation.
Member Osborne asked how many violations there actually were. Following a brief discussion, the officer
explained that there were five violations, 108 -24D3 not included.
Alt. Member Blynder asked if the property is now vacant. Officer Delgado confirmed that it is vacant.
The member also confirmed with the officer that the owner had been notified months ago and has had three
extensions.
Alt. Member Blynder moved that in Case #12 -033, the respondent be found in violation as cited as of
March 12, 2012, and be given until May 24, 2012 to comply or be fined $150 per day, per violation for each
day the property remains non - compliant. The motion died for lack of a second.
Member Osborne, seconded by Member Kelley, moved that in Case #12 -033 the respondent be found in
violation as of March 12, 2012, and be given until May 24, 2012, to comply or be fined $50 per day, per
violation [violation of 108 -24D3 is not included]. The motion carried unanimously.
Case No. 12 - 034 — Shadman, Inc. Magnethel Enterprises, Inc.
1402 Wurst Road Fire Inspector Sorenson
Violation Cited: NFPA 1 (4.5.8.), NFPA 1 (11.1.5)
02 -22 -12 NOV Re- Inspection Date: 03 -27 -12
03 -28 -12 SOV
03 -28 -12 NOH Meeting Date: 03 -27 -12
03 -28 -12 DOCS SENT BY Reg. & certified mail
Observation: Emergency lights not working / missing, and use of extension cords.
Fire Inspector Sorenson presented the case and gave its history. As of March 27, 2012, the property was
re- inspected and found not to be in compliance. On April 11, 2012, the property was found to be in
compliance.
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Mr. Mobasher Chowdhury, 1402 Wurst Road, said that at the time of the inspection the business was not
finished; he was working nearly 12 hours per day on the store. He apologized for the problem and added
that everything has been fixed.
Chairman Godek asked if the City had a recommendation. Fire Inspector Sorenson answered that the
City's costs should be covered.
Member Kelley, seconded by Member Osborne, moved that in Case #12 -034 the respondent be found in
violation as cited as of March 27, 2012, and in compliance as of April 11, 2012. No fine will be assessed,
but the respondent is ordered to pay the City's costs of $422.70. The motion carried unanimously.
* * * * * * * * * * * * * * **
Member Lowery, seconded by Member Kelley, moved that Case# 09 -049 be placed next in line to be heard
or a •ossible reduction in ine. The motion carried unanimousl .
Case No. 09 -049 — Lourdes I. Rolon- Vazquez & Wilfredo Vasquez
1611 Ison Lane Officer Loeffler
Violation Cited: 108 -24
02 -20 -09 NOV Re- Inspection Date: 03 -12 -09
03 -12 -09 SOV
03 -12 -09 NOH Meeting Date: 03 -24 -09
03 -12 -09 POS Regular & Certified Mail
03 -24 -09 CO Found to be in violation as cited, given until 04 -07 -09 to comply or
be fined $150 per day.
03 -26 -09 POS Reg. & certified mail
04 -28 -09 NON Compl.
04 -28 -09 OIFL
10 -12 -09 ANC (Affidavit of Non - compliance)
12 -14 -09 ANC
02 -15 -10 ANC
04 -19 -10 ANC
06 -21 -10 ANC
08 -23 -10 ANC
10 -25 -10 ANC
01 -04 -11 ANC
03 -07 -11 ANC
05 -17 -11 ANC
07 -27 -11 ANC
09 -27 -11 ANC
11 -28 -11 ANC
01 -31 -12 ANC
03 -05 -12 AC
03 -05 -12 OIFL (Order Imposing Fine /Lien) Total due: $159,300.00
03 -05 -12 POS Reg. & certified mail
Observation: Remove junk and debris from back, side & front yard/driveway.
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Officer Loeffler presented the case and gave its history. The property has been the subject of eBetterPlace
complaints (web -based complaints) over the last three years. It is a corner lot which is visible to many of
the neighbors and has produced about 23 complaints over the years. The property came into compliance on
March 5, 2012. Exhibits were presented (photos). There have been several meetings at the property
whereby the accruing case would be discussed. Sometimes debris would appear in front of the house, and
the respondents would voluntarily pick that up, but they never brought the debris on the side into
compliance until March 5th. The City's costs are $1600, the officer said.
The chairman solicited the audience for someone to speak on the case. Ms. Lourdes Rolon - Vazquez, 1611
Ison Lane, went to the podium and testified that they are a very low- income family. She continued that their
only income was from Social Security benefits, and that she has spent most days this year in hospitals
[tending her husband and son]. There is also a problem with the survey of the house relating to a
misplacement of the fence. Mrs. Rolon- Vazquez said that it took a lot of time to find out what was wrong
[regarding the violations] and what to do [about them]. She added that they are still looking at bankruptcy,
and they do not know what to do.
Chairman Godek said that her neighbors have had to look at the garbage all of that time. He asked if she
could not have moved the garbage. Mrs. Rolon- Vazquez replied that the family was usually at the hospital.
Chairman Godek asked why her college -aged sons could not come and help out. Mrs. Rolon- Vazquez
answered that they did not know what to do and were handling other problems.
Member Amey asked who cleaned up the property. Ms. Rolon- Vazquez answered (the response is
inaudible).
Member Osborne asked if the configuration of the junk and debris had changed over the three years.
Officer Loeffler answered that two of the main portions of debris remained the same, but some things were
moved around.
Member Osborne confirmed that they moved things around but just not to the curb. Officer Loeffler
answered affirmatively. He pointed out what been moved around and what had remained the same.
Member Osborne said that she was having a hard time with this because the City has a very good garbage
removal service, so it is fairly easy to take ones garbage to the curb and stay in compliance. She said that it
is fairly rude to ignore ones neighbors for three years and not take stuff out to the curb.
Member Lowery asked if the property is in compliance. Officer Loeffler answered affirmatively.
Attorney Sneed reminded the board that this is a recorded lien, so the board will need to make a
recommendation.
After additional discussion, Alt. Member Blynder asked for the City's costs. Chairman Godek answered
$1665.09. Member Osborne asked if the respondents were aware that the fine was accruing. Officer
Loeffler answered `yes'.
Member Osborne, seconded by Member Kelley, moved that in Case #09 -049 the board recommend to the
commission that the request for reduction of fine be denied and that the City's costs of $1,665.09 be added
to the fine. The motion failed by roll call vote of 2 to 4 with Chairman Godek, Members Amey, Lowery
and Alt. Member Blynder opposink
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Member Amey moved that in Case #09049 the board recommend that the lien be reduced to the City's
costs $1, 665.09. The motion failed for lack of a second.
Member Kelley, seconded by Member Osborne, moved that in Case #09 -049 the board recommend to the
commission that the fine be reduced to $50 per day (for a total of $53,100) and the homeowner be assessed
the City's cost of $1665.09. The motion carried by a roll call vote of 4 to 2 with Chairman Godek and
Member Amey opposing.
Case No. 12 - 038 — Thomas Wiggin / Cherie Brassart
62 E. Circle Key Drive Officer Delgado
Violation Cited: 115 -3
03 -20 -12 NOV Re- Inspection Date: 03 -29 -12
04 -02 -12 SOV
04 -02 -12 NOH Meeting Date: 04 -24 -12
04 -02 -12 Docs SENT BY Reg. & certified mail
Observation: Misc. junk / debris throughout property.
Officer Delgado presented the case and gave its history. As of today, the property is in compliance.
Member Osborne asked about the City's cost. Officer Delgado stated that she did not add it up since she
is not going after a fee. Member Osborne asked when they came into compliance. Officer Delgado stated
that she went by and inspected the property today and it was in compliance; it could have come into
compliance at any time after the notice of hearing was issued.
Member Lowery, seconded by Member Amev, moved that in Case #12 -038 the respondents be found in
violations as cited as of March 28, 2012, and that they be found in compliance as of April 24, 2012, and that
no fine be assessed. The motion carried by a roll call vote of 5 to 1 with Member Osborne opposing.
OTHER BUSINESS
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 DOCS SENT BY Reg. & certified mail
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03 -27 -12 OC Found in violation as of 03- 05 -12. To comply by 04 -15 -12 or fine of
$100 per day until compliance.
Observation: Misc. trash / debris on property.
Officer Siegrist stated that at the March 27, 2012, board meeting the board found the respondents in
violation and gave them until April 15th to comply. By April 17 the respondents were in compliance.
Attorney Sneed asked if that was the first time the officer had checked the property. Officer Siegrist
answered affirmatively. The property is in compliance, and no further action is needed by the board.
Case No. 12 -031 — Eric / Yves - Rose Franklin
2368 Blakeway Officer Loeffler
Violation Cited: 115- 5A.B.C., 115 -3, 108 -23Q
02 -08 -12 NOV Re- Inspection Date: 02 -27 -12
03 -13 -12 SOV
03 -13 -12 NOH Meeting Date: 03 -27 -12
03 - - DOCSSENTBY Reg. & certified mail
03 -27 -12 OC Found in violation as of 02 -23 -12 of Codes 115 -5A, B, C & 115 -3. To be in
compliance by 04 -15 -12 or fine of $50 per day, per violation until
compliance.
Observation: Broken / damaged garage door, misc. junk / debris and tall weeds of rear yard.
Property is in compliance as of April 16, 2012. No further action is required by the board.
COMMENTS
Alt. Member Blynder - none.
Member Amey — none.
Member Lowery — Excellent job; keep up the good work.
Member Osborne — Wanted to explain her rationale regarding the previous case [concerning junk and
debris]. She said that she felt in the earlier case that the [respondents] had still gone over the date.
Attorney Sneed interjected that the board cannot fine a respondent if he /she is in compliance by the date of
the hearing (assuming the case is an initial violation) under the statutes. Member Osborne said that she did
not realize that. Attorney Sneed continued that code enforcement can present the case to the board if it is
in violation after the date set for compliance (by the officer), but if the [violation] is in compliance by the
time the case gets to the board, all that can be done is to find them [in violation] so that they can be repeat
violators. The attorney continued that the board does not impose any fine because the property is now in
compliance unless it is a repeat, and then the board can immediately impose a fine from the date that the
board knows that the violation is a repeat. Member Osborne said if the compliance date is April 15 and
the board meeting is April 20 and the respondent comes into compliance as of April 19 . Attorney Sneed
interposed that the board would say that the respondent is in compliance today, but they were in violation
before, and now they are not; repeat. The board members, under the statutes, are required to make a finding
of a violation or not, and if the board finds a violation, it has to give them time to comply or not comply.
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After that is when the fine occurs. Respondents essentially get time for compliance by the officer and by the
board unless it is irreparable [the violation] or a repeat. Member Osborne said that she
did not realize that. She thanked the attorney for the clarification.
Member Kelley — Wanted to thank the officers for a great job as evidenced by the number of cases that
come into compliance by the time the board meets.
Chairman Godek — Announced that Vice Chairman Michael Godek will be resigning due to all of his
commitments with his kids and all the sports teams they are involved with, it is just overwhelming the
chairman said. Chairman Godek said he will have the letter [of resignation by Michael Godek], but he
does not have it tonight. The chairman continued that next month the board will need to nominate and
appoint a new vice - chairman. Other than that, he said, good job, everybody.
ADJOURNMENT
Meeting adjourned at 7:42 p.m.
0 • T EST: L` n A: 'Re ED: /
tella W. M` -Leo s , CEB Re 1 rding irk " I 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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