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06-26-2012 MInutes CODE ENFORCEMENT BOARD MINUTES JUNE 26, 2012 CALL TO ORDER Chairman Godek called the regular meeting of the Ocoee Code Enforcement Board to order at 7:01 p.m. in the Commission Chambers at City Hall. Member Lowery led the invocation and Member Osborne led the Pledge of Allegiance to the Flag. The roll was called and a quorum was declared present. PRESENT: Chairman Godek, Vice - chairman Lowery, Members Osborne, and Kelley. Also present was Assistant to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Robert Siegrist, Edward Loeffler, and Theresa Rodriguez; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Members Amey, Blynder and Sais were absent excused. GUESTS: None. Administrative Assistant Ballard administered the oath to the Code Enforcement Officers and to 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 MAY 22, 2012, Code Enforcement Board Meeting B. Dismissal or Compliance (Cases #12 -068, 12 -073, 12 -081, 12 -86, 12- 088,12 -094, 12 -095, 12 -096 and 12 -097 were transferred to the consent agenda) Case Number Respondent Location of Violation C. Order of Continuance (JULY 24, 2012 Meeting) Case Number Respondent Location of Violation 12 -068 VENKATESH ANALA 1874 MARSH WREN COURT Ofc: EL SURYA KALA ANALA 12 -086 DOROTY DURRANCE 2549 DOVETAIL COURT Ofc: EL CHARLES DURRANCE, SR. KURTIS HENSON 12 -094 KANON BUILDERS, LLC 1874 MARSH WREN COURT Ofc: EL PAUL G. THOMAS 12 -095 CHAD SOLOMON 16 LAFAYETTE STREET Ofc: TR ANGEL SOLOMON 12 -097 RICHARD SMILIE TR 163 HOPEWELL DRIVE Ofc: RS Member Kelley, seconded by Member Lowery, 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 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 Vice - chairman Lowery, seconded by Member Kelley, moved that Case #09 -027 be heard first, followed by Case # 10 -169, with the board then reverting back to the agenda. The motion carried unanimously. Case No. 09 -027 — Gator Sign, Inc. West Oaks Mall 941 W. Colonial Drive, #646 Officer Rodriguez Violation Cited: 105.4 01 -13 -09 NOCV Re- inspection Date: 02 -02 -09 02 -09 -09 SOV 02 -09 -09 NOH Meeting Date: 02 -24 -09 01 -10 -09 POS Certified Mail 03 -11 -09 CO Given until 03 -23 -09 to comply or be fined $150 /per day 03 -26 -09 OIF /L 10 -08 -09 AC 02 -02 -10 OIFL TOTAL DUE: $30,000.00 08 -17 -10 Collection ltr. Reg. mail — returned sent 10 -28 -10 Foreclosure Order 10 -28 -10 POS Reg. & certified mail 06 -26 -12 Request for Meeting: 06/26/2012 reduction Observation: Failure to obtain any required inspections for an electrical hook -up, permit #0701598, issued on August 30, 2007. Page 2 Vice - Chairman Lowery, seconded by Member Kelley, moved that the board re -hear the case for the request of reduction of fine. The motion carried unanimously. Officer Rodriguez presented the case. The property was a store called `Auntie Annie's'. Permit obtained was granted in 2007 and expired in February 2008. The respondents came into compliance as of October 8, 2009. The total fine: $30,000. City's cost: $778.47. Mall Operations Manager Scott Werley said that they did not know about fines. Mr. Werley added that he is now working with [Fire Inspector] Shawn [Sorenson]; so that such violations will not happen again. Chairman Godek asked if the board had questions. None were posed. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #09 -027 the board recommend that the fine be reduced to $0, and that the mall be ordered pay $778.47 in City costs. The motion carried unanimously. Case No. 10 -169 – Robert L. Cramer Estate 1008 Wyoming Court Officer Loeffler Violation Cited: 115 -5, 115 -3, 165 -3, 108 -35 06 -17 -10 NOCV Re- Inspection Date: 07 -15 -10 07 -15 -10 SOV 07 -15 -10 NOH Meeting Date: 07 -27 -10 07 -15 -10 POS Regular & Certified Mail 07 -19 -10 POS Posting 07 -29 -10 CO Found in violation as of July 12, 2010. Compliant on code 165 -3 As of July 14, 2010. To comply with codes 115 -3, 5, 18 -35, 168-4A by August 13, 2010 or fine of $200 per day, per violation. 07 -29 -10 Docs sent by: Reg. & certified mail 08 -24 -10 Per C.E.B.: Access fine /lien as of 08 -14 -10 and add costs for City to abate property. 08 -25 -10 OIFL Fine accruing. 08 -26 -10 POS Reg. & certified mail 10 -13 -10 ANC Observation: Overgrown grass /weeds, trash/ debris, junk /abandoned vehicles, public nuisance, parking on right -of -way. Vice - Chairman Lowery, seconded by Member Kelley, moved that the board re -hear Case #10 -169 for possible reduction in fine. The motion carried unanimously. Officer Loeffler presented the case and gave its history. Exhibits presented (photos). The respondent complied as of December 20, 2010. The board found the respondents in violation as of July 12, 2010, and gave them until July 14, 2010, to comply. Member Kelley asked if the officer said that it had been in compliance as of 19 months ago. Officer Loeffler answered, `yes'. Attorney Sneed asked the amount of the City's costs. Officer Loeffler answered that the City's costs were $1016. Ms. Suzy Morrow, Century 21st Realty, representing the buyer Ms. Tera De La Rosa, asked the board to Page 3 — - - -- – reduce the fine. Chairman Godek asked who had been taking care of the property for two years. Ms. Morrow answered that she had no idea. Attorney Sneed added that the property may have gone into foreclosure, and once the bank took title, the bank took care of it. There was no bank representative at the meeting. Member Osborne, seconded by Vice - chairman Lowery, recommended that the fine be lowered to $0 and the respondent be ordered to pay the City's costs of $1016. Ms. Morrow asked what the 'respondents' were. Attorney Sneed answered that the respondents would be the owners at the time [of the citation] who may not be the owner at this time. The motion carried unanimously. At this point, the board reverted back to the agenda. Chairman Godek noticed that City Attorney Scott Cookson was in the audience. The chairman greeted Attorney Cookson, and the attorney stood and introduced himself. Case No. 12 -082 — Ma Farias 1603 Jemima Avenue Officer Siegrist Violation Cited: 105.4, 51 -13 05 -03 -12 NOCV Re- Inspection Date: 05 -14 -12 05 -16 -12 SOV 05 -16 -12 NOH Meeting Date: 06 -26 -12 05 -16 -12 Docs sent by: Regular & Certified Mail Observation: Expired City permit #1101621 for four (4) foot residential wood fence without a final inspection. Also, additional work (fence in rear) without permit. Officer Siegrist presented the case and gave its history. Exhibits were presented (photos). Chairman Godek asked if there had been any contact with the respondent. Officer Siegrist answered that there had been no contact with the respondent. Member Kelley, seconded by Member Osborne, moved that in Case #12 -082, the respondent be found in violation as cited as of May 14, 2012, and be given until July 10, 2012, to comply or be fined $100 per day, per violation. The motion carried unanimously. Page 4 Case No. 12 -083 — Joy Lynn Krumwiede 1517 Ison Lane Officer Loeffler Violation Cited: 51 -79, 105.4, 51 -13 05 -01 -12 NOV Re- Inspection Date: 05 -24 -12 06 -14 -12 SOV 06 -14 -12 NOH Meeting Date: 06 -26 -12 06 -14 -12 Docs sent by Regular & Certified Mail Observation: Misc. trash / debris on property. Also, house not secured with open exterior door(s). Officer Loeffler presented the case and gave its history. Exhibits presented were copies of the permits. The respondent was given until May 11, 2012, to contact the building department. No contact was received Chairman Godek asked if the respondent was still living there. Officer Loeffler answered `no' and that the property was vacant. The City is looking for one fine for all three violations. Vice - Chairman Lowery asked the officer to repeat what he had said. The officer added that staff is looking to have only one fine because the respondents may still have the option to extend the permit or even get a new one. Vice - Chairman Lowery, seconded by Member Osborne, moved that the respondents be found in violation as cited as o Ma 11 2012 and be : iven until Jul 13 2012, to comply or be fined $150 per day. During the discussion, Member Kelley said it seemed that the fine amount was low; the member added that the board should go to the maximum of $250 per day. Vice - Chairman Lowery said he did that because the respondent could walk in and have the permit extended [thereby nullifying the issue of an expired permit]. Chairman Godek asked if Vice - Chairman Lowery would like to change his motion. The vice - chairman answered 'no'. The motion carried unanimously. Case No. 12 -087 — Rossana Balli / Veloydum Rajdoralie / Joseph Chinapen 1666 Cambridge Village Court Officer Rodriguez Violation Cited: 115 -5 05 -09 -12 NOV Re- Inspection Date: 05 -29 -12 05 -31 -12 SOV 05 -31 -12 NOH Meeting Date: 06 -26 -12 05 -31 -12 Docs sent by Regular & Certified Mail Observation: Overgrown grass and weeds. Officer Rodriguez presented the case and gave its history. The officer received complaints about the property in addition to observing the property. Exhibits were presented (photos) Respondent Rossana Balli's name is omitted from the case according to Officer Rodriguez's request. The property is not in compliance. Chairman Godek asked if the officer had heard anything from anybody. Officer Rodriguez answered that she had not heard anything from anyone. Page 5 Member Kelley, seconded by Member Osborne, moved that in Case #12 -087 respondents Veloydum Rajdoralie and Joseph Chinapen be found in violation as of May 24, 2012, and come into compliance by July 10, 2012, or be fined $100 per day for every day thereafter. The motion carried unanimously. OTHER BUSINESS 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 - 03 -16 -12 SOV 03 -16 -12 NOH Meeting Date: 04 -24 -12 03 -16 -12 DOCSSENTBY Reg. & certified mail 04 -24 -12 CO Found in violation as of 03 -12 -12 of all violations except 18 -24D3 to comply by 05 -24 -12 or face fine of $50.00 per day, per violation until compliance. 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. Chairman Godek announced that this case is in compliance. The chairman thanked staff. 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 - - 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 1 -10 -12 to comply by 3 -23 -12 or fine of $100.00 per day, per violation. Observation: Removal of 14 trees without required permits, plans, approval and inspections. Resurfaced driveway without required site plan. Assistant to the City Manager / Code Enforcement Manager Doug Gaines announced that this property is in compliance. Page 6 Case No. 12 -062 — David Jacques / Karen Abraham / Freddie Mac Home Steps 6826 Mill Stream Road Officer Loeffler Violation Cited: 115 -3, 108 -35 04 -06 -12 NOV Re- Inspection Date: 04 -17 -12 05 -02 -12 SOV 05 -02 -12 NOH Meeting Date: 05 -22 -12 05 -02 -12 DOCS SENT BY Reg. & certified mail 05 -22 -12 CO Found in violation as of 04 -14 -12 to comply by 05 -29 -12 or fine of $100.00 per day for 115 -3. If no compliance by date given, City will Abate property and add costs to fine. Observation: Vacant, secured structure. Rear and side portions of fence dilapidated, missing and falling exposing unobstructed and visible access to an in- ground pool. This home sits on a large, unfenced, common -area field routinely frequented by pedestrians and children. Officer Loeffler announced that the case came into compliance as of June 12th. Chairman Godek clarified that the officer was asking that the board impose fine. Officer Loeffler replied `right.' Attorney Sneed reminded the board that they are also going to add the abatement. Vice - Chairman Lowery asked what the abatement cost was. Officer Loeffler answered that he believed it was $80.00. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12 -062 the board impose fine in the amount $1400 for 14 days of non - compliance and $80 for the City's cost. The motion carried unanimously. Case No. 12 -064 — Lisa Marie Pope 321 New Meadows Court Officer Siegrist Violation Cited: 115 -3, 108 -35 04 -18 -12 NOV Re- Inspection Date: 04 -30 -12 05 -01 -12 SOV 05 -01 -12 NOH Meeting Date: 05 -22 -12 05 -01 -12 Docs sent by Regular & Certified Mail 05 -11 -12 POS 05 -22 -12 CO Found in violation as cited to comply by 06 -15 -12 or fine of $100.00 per day for 115 -3. If not in compliance by date given, City is authorized to abate the property and add costs to fine. 06 -20 -12 ANC Observation: Misc. trash / debris on property. Also, house not secured with open exterior door(s). Property is in compliance now although there were days of noncompliance. Member Kelley, seconded by Member Osborne, moved that in Case #12 -064 the board impose a fine of $100 per day for 10 days of violation for a total of $1000. The motion carried unanimously. Page 7 — --- Case No. 12 -066 — Sheila Van Nieuwenhuyze 2386 Grand Poplar Street Officer Loeffler Violation Cited: 115 -5A, B, C 04 -26 -12 NOV Re- Inspection Date: 04 -30 -12 05 -03 -12 SOV 05 -03 -12 NOH Meeting Date: 05 -22 -12 05 - - DOCSSENTBY Reg. & certified mail 05 -22 -12 CO Found in violation as of 04- 28 -12. To comply by 06 -01 -12 for 115 -5 or fine Of $100.00 per day. Observation: Web complaint #W004096 -041 112. Long weeds - breeding grounds for stray cats. Received 04 -13 -12 observed tall weeds grass: front, side, rear of property. Officer Loeffler reported that this case is in compliance. Case No. 12 - 067 — Tobin Frey / Jennifer Dailer / Unknown Financial Entity 507 Shumard Oaks Drive Officer Loeffler Violation Cited: 115 -3, 108 -35, 108 -23I, Q 04 -20 -12 NOV Re- Inspection Date: 04 -30 -12 05 -03 -12 SOV 05 -03 -12 NOH Meeting Date: 05 -22 -12 05 -03 -12 DOCS SENT BY Reg. & certified mail 05 -22 -12 CO Found in compliance as of 04- 30 -12. Must comply by 05 -29 -12 for 115 -3, 108 -23 or fine of $100.00 per day, per violation. If not in compliance by date given, City is authorized to abate property and add costs to fine. Observation: Vacant dwelling: unsecured / open with evidence of unauthorized access. Condition constitutes an attractive nuisance. Broke, unsecured garage door with broken, shattered glass. Officer Loeffler reported that the property remains non - compliant. An order imposing fine is needed. Chairman Godek asked if the property had been abated. Officer Loeffler answered `no'. Attorney Sneed reminded the board that they had already authorized abatement. Member Osborne, seconded by Member Kelley, moved that in Case #12 -067 the fine be imposed. The motion carried unanimously. COMMENTS Assistant to the City Manager / Code Enforcement Manager Gaines — reminded the board that he would miss the next board meeting because he would be in China. Member Kelley - thanked the officers for doing a great job. Vice - Chairman Lowery — reiterated Member Kelley's remarks. Member Osborne - none. Page 8 Chairman Godek - said folks are still needed to serve on the board. He encouraged people to go on line and fill out a form to apply for the board. ADJOURNMENT Meeting adjourned at 7:44 p.m. • TEST: 6 AP Dt D: ;gage „Pr ( elia W. McLeod, CEB Recor • 'n:.' Ro ert Gode , 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 9