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07-24-2012 Minutes CODE ENFORCEMENT BOARD MINUTES JULY 24, 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 Amey, Blynder, Osborne, and Kelley. Also present were Code Enforcement Officers Edward Loeffler and Carmen Delgado; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Member Sais was 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 JUNE 26, 2012, Code Enforcement Board Meeting B. Dismissal or Compliance (Cases #12 -068, 12 -086, 12 -094, 12 -097, 12 -099, 12 -104, 12 -111 were transferred to the consent agenda) Case Number Respondent Location of Violation C. Order of Continuance (AUGUST 21, 2012 Meeting) Case Number Respondent Location of Violation 12 -095 CHAD SOLOMON 16 LAFAYETTE STREET Ofc: TR ANGEL SOLOMON 12 -103 GILBERT AMARAN 708 CRYSTAL DRIVE Ofc: TR BARABARA M SANCHEZ 12 -110 DELIA E. MIRAND -ORTIZ 943 VERONICA CIRCLE Ofc: TR Member Kelley, seconded by Member Blynder, 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, move that Case #11 -019 is to be heard first and Case #12 -113 is to be heard second; the board will then revert back to the regular agenda. Case No. 11 -019— Landa Gaudencio 1500 Tangerwood Court Officer Loeffler Violation Cited: 108 -24 D. Observation: Miscellaneous junk, trash, rubbish, debris littering backyard; corner lot, fence section mission or open and visible from street / sidewalk. 01 -10 -11 NOV Re- inspection Date: 01 -28 -2011 02 -03 -11 SOV 02 -03 -11 NOH Meeting Date: 02 -22 -11 02 -03 -11 POS Reg. & certified mail 02 -22 -11 CO Found in violation as of 01 -19 -11 to comply by 03 -11 -11 or fine of $100 per day until compliance. 03 -22 -11 PER C.E.B. Impose fine /lien as of 03/12/2011 03 -22 -11 OIF /L 03 -23 -11 POS Reg. and certified mail 05 -23 -11 Affidavit of non - compliance (ANC) 07 -25 -11 ANC 09 -26 -11 ANC 11 -28 -11 ANC 01 -31 -12 ANC 03 -24 -12 AOC 03 -27 -12 OIF /L Total due: $37,000.00 03 -27 -12 POS Reg. and certified mail 05 -21 -12 Request for reduction Meeting date: 06 -26 -12 07 -18 -12 Continued request Meeting date: 07 -24 -12 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 Loeffler presented the case and gave its history. Exhibits were presented (photos). Board Attorney Sneed added that this is a recorded lien; hence, the board will be making a recommendation. Mr. John Toms, 2137 Lake Nona Drive, a realtor for the bank, spoke to the board about the case. Mr. Toms said that the previous owners did the damage shown in the pictures. Chairman Godek asked if the place was up for sale. Mr. Toms said they are waiting to close [on the sale of the home]. Member Osborne, seconded by Member Amey, moved that in Case #11 -019 the board recommend that the fine be reduced to $1015(the City's costs) plus $500 totaling $1515.00. The motion carried unanimously. Case No. 12 -113 — Hope Freeman 323 Hormigas Street Officer Delgado Violation Cited: 115- 5,115 -3, 95 -3, 165 -3, and 165 -4 06 -28 -12 NOV Re- Inspection Date: 07 -12 -12 07 -12 -12 SOV 07 -12 -12 NOH Meeting Date: 07 -24 -12 07 -12 -12 POS Regular & Certified Mail 07 -12 -12 Proof of notice by posting Observation: Overgrown grass or weeds, deterioration of existing fence. Untagged / expired tag / inoperable vehicle was on the property. Miscellaneous junk / debris were on property. Officer Delgado presented the case and gave its history. Exhibits (photos) were presented. The property was not in compliance as of today. Chairman Godek noted that 115 -7 is not listed on the docket. Officer Delgado answered that it appears on the notice of code. Member Amey asked about violation 165 -9. Officer Delgado said that it is an advisement that the city can have the vehicle removed from the property if the board so authorizes. Member Blynder asked how many violations there are. Officer Delgado said there are six: 115 -5, 115 -7, 95 -3, 165 -3, 165 -9 and 115 -3. Attorney Sneed said if they (the board) cite the respondent, the motion should include all of the violations rather than simply indicating 'as cited'. Ms. Hope Freeman, 323 Hormigas Street, spoke to the board about the case. She said that the vehicle is in the garage, and the debris has been cleaned up. She explained that she is going through a divorce and has been unable to do more to the property due to finances. Ms. Freeman had pictures of the property with her. The chairman said that the code enforcement officer can go re- inspect the property tomorrow. Ms. Freeman asked for four additional weeks to get everything cleaned up. Page 3 Member Blynder, seconded by Member Amey, moved in Case #12 -113 that the respondent be found in violation of 115 -5, 115 -7, 95 -3, 165 -3, 165 -9 and 115 -3 as July 10, 2012, and be given until August 27, 2012, to comply or be fined $25 per day per violation. Member Osborne said that she felt the junk and debris should be cleaned up by the end of the week. Ms. Freeman indicated that this was her intention. Member Osborne, seconded by Member Kelley, moved to amend the motion declaring that all violations, with the exception of 95 -3, come into compliance by July 31, 2012. The amendment carried unanimously. During the discussion phase of the motion, Member Kelley brought up the point that the fine was unusually low. Member Blynder answered this was because there were six violations. Further discussion ensued. Member Kelley did not amend the motion. The motion carried by roll call vote with one dissenting vote by Member Kelley. Case No. 12 -108 — Lindsey Cunningham 2603 Coventry Lane Officer Loeffler Violation Cited: 115- 3,115- 6,108 -35 07 -03 -12 NOV Re- Inspection Date: 07 -10 -12 07 -12 -12 SOV 07 -12 -12 NOH Meeting Date: 07 -24 -12 07 -12 -12 POS Regular & Certified Mail 07 -12 -12 Proof of notice by posting Observation: Missing fence — gate leading to unsecured, torn screen pool enclosure containing an in- ground swimming pool with green unsanitary water; conditions constituting an attractive public nuisance to the public health, safety and welfare. Officer Loeffler presented the case and gave its history. Exhibits (photos) were presented. Chairman Godek asked if anyone lived in there. Officer Loeffler answered that it is vacant. Member Amey asked if the property was in foreclosure. Officer Loeffler answered that the property is still showing up as owned by the respondent. Member Kelley, seconded by Member Osborne, moved that in Case #12 -108 the respondent be found in violation as cited as of July 9, 2012, and be given until August 7, 2012, to come into compliance or be fined $100 per day, per violation, and that the City be authorized to abate the property and add the cost to the fine. The motion carried unanimously. Page 4 - - - - -- - - - -- Case No. 12 -109 — Megan Cristello 96 Calliope Street Officer Loeffler Violation Cited: 115 -3, 108 -35 06 -15 -12 NOV Re- Inspection Date: 07 -10 -12 07 -12 -12 SOV 07 -12 -12 NOH Meeting Date: 07 -24 -12 07 -12 -12 POS Regular & Certified Mail 07 -12 -12 Proof of notice by posting Observation: Unsecured / unlocked fence gate leading to unsecured / unlocked in- ground pool screen enclosure personnel door leading to a pool with green unsanitary water; conditions constituting an attractive public nuisance to the public health, safety and welfare. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). Pool water no longer unsanitary but access to the pool is still in violation. Member Osborne asked if code 108 -35 was for information or violation. Officer Loeffler answered that it is both. Member Osborne, seconded by Member Kelley, moved that in Case #12 -109 the respondent be found in violation as cited as of June 30, 2012, and be given until August 10, 2012, to come into compliance and that the City be authorized to abate the property and add the cost to the fine. The motion carried unanimously. Case No. 12 -112 — Patricia Randall / M.H. Randall / Any Unknown Entity 515 Nicole Blvd Officer Loeffler Violation Cited: 115 -3, 108-35, 108-24D, 115 -5 07 -11 -12 NOV Re- Inspection Date: 07 -12 -12 SOV 07 -12 -12 NOH Meeting Date: 07 -24 -12 07 -12 -12 POS Regular & Certified Mail 07 -12 -12 Proof of notice by posting Observation: Miscellaneous junk, trash, debris, chemicals (leaking used motor oil containers w/ ground saturation), littering front, side and rear yards. Unsecured evidence of and neighbor- reported unauthorized egress by juveniles and criminals. Conditions constitute and attractive public nuisance to the public health, safety and welfare. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). Chairman Godek asked if there was furniture inside. Officer Loeffler answered affirmatively. The chairman asked if the property was totally abandoned. The officer answered that it is said that there was a boyfriend and girlfriend [who were living there] that just walked away. Notice required owner to remove all junk and debris including oil cans and such. The property is non- compliant as of this date. Officer Loeffler closed by saying that staff is asking for a brief compliance time and authorization to abate the nuisance and recover incurred costs. Page 5 Member Blynder, seconded by Member Amey, moved that in Case #12 -112 the respondents be found in violation as cited as of July 11, 2012, and be given until July 31, 2012, to comply or pay $100 per day, per violation for each day not in compliance and authorize the City to immediately abate the property and assess the cost to the fine. The motion carried unanimously. Member Osborne inquired as to the term `immediately' which Attorney Sneed clarified meant after July 31 Vice - Chairman Lowery expressed concern over the chemicals. Officer Loeffler said he was going to have the public works crew examine them, dispose of them properly and have them deal with the saturation issue. Case No. 12 -119 — Elsie Blackwell Sepielli / Jeri Comeau / Unknown Occupants 421 Vandergrift Drive Officer Loeffler Violation Cited: 115- 3,115- 5,115 -6, 108 -22, 108-231, 108-24D 07 -17 -12 NOV Re- Inspection Date: N/A 07 -17 -12 SOV 07 -17 -12 NOH Meeting Date: 07 -24 -12 07 -17 -12 Docs sent by Regular & Certified Mail Observation: Unsecured, wide -open access to an unsanitary in- ground swimming pool. Unsecured, wide -open access to dwelling / structure. Side exterior door standing wide open, privacy fence / gate was broken and removed. Trash, junk and debris was littering property. Dangerous exposed high - voltage meter connection from tampered with electric equipment. Overgrown / tall weeds and grass. Trailer parked in front of front building line beyond code permitted 48 -hour period. Broken window glass was at front and side of house. Conditions constituted a dangerous public nuisance and creating an attractive nuisance affecting the public health, safety and welfare. Officer Loeffler presented the case and gave its history. Exhibits were presented (photos). The officer said that 168 -6 had been included but the trailer in front of the house was removed (possibly stolen); hence, the violation removed. Officer Loeffler asked for a brief compliance time and noted that the respondent is no longer in control of her faculties. No persons have been designated as having power of attorney. Member Kelley, seconded by Member Osborne, moved that in Case #12 -119 the respondent be found in violation as cited as of July 16, 2011, and given until July 31, 2012, to comply or be fined $100 per violation, per day until compliance reached and authorize City to abate and add the cost to fine. The motion carried unanimously. Member Blynder commented about the amount of time that it can take for something to get done [about a code violation] depending on when there is a board meeting. Officer Loeffler said that in a case such as this one, emergency action can be taken if the board meeting is too far away. — -- — Page 6 OTHER BUSINESS 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 Reg. & certified mail 06 -26 -12 CO Found in violation as of 05 -11 -12 to comply by 07 -13 -12 or fine of $150.00 per day, per violation until compliance is reached. Observation: Expired / uninspected owner - builder electrical permit (add and replace wiring) is expired and / or uninspected. Permit #1100680. Officer Loeffler reported that there is no affidavit; non - compliance; no attempt to acquire building permit; there is nothing left to do but to impose fine. Member Osborne, seconded by Member Kelley, moved to impose fine effective July 14, 2012. The motion carried unanimously. Case No. 12 -087 — Veloydum Rajdoralie / Joseph Chinapen 1666 Cambridge Village Court Officer Rodriguez Violation Cited: 51- 79,105 -4, 51 -13 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 Reg. & certified mail 06 -26 -12 CO Found in violation as of 05 -24 -12 to comply by 07 -10 -12 or fine of $100.00 07 -11 -12 per day. Observation: Overgrown grass / weeds. Officer Delgado reported that the property is non - compliant; impose fine. Member Osborne, seconded by Member Kelley, moved that in Case #12 -083 to impose fine effective July 11, 2012. The motion carried unanimously. COMMENTS Recording Clerk McLeod — announced the new alternate member - Keith Carrington. Member Amey — said that she has had folks ask about mosquito spraying. The board members suggested that she call Orange County Mosquito Control. Vice - Chairman Lowery — admonished the staff to keep up the good work. Page 7 Member Kelley - thanked the officers for another great month. Member Osborne - thanked Officers Loeffler and Delgado for handling the more difficult cases. Chairman Godek - thanked officers and expressed his appreciation. ADJOURNMENT Meeting adjourned at 7:55 p.m. A "1 PEST: / n A P P A i / , • ,„, Stella W. M`Leod, CEB Reco s ing . • R i s e 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 8