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09-25-2012 Minutes CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 25, 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. Vice - Chairman 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, Vice - Chairman Lowery, Members Amey, Carrington, Kelley and Osborne. Also present were Asst. to the City Manager / Code Enforcement Manager Doug Gaines, Code Enforcement Officers Edward Loeffler, and Robert Siegrist; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Member Blynder 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 AUGUST 28, 2012, Code Enforcement Board Meeting B. Dismissal or Compliance (Cases #12 -134, 12 -162, 12 -163, 12 -165; and 12 -172 were transferred to the consent agenda) Case Number Respondent Location of Violation C. Order of Continuance (SEPTEMBER 25, 2012 Meeting) Case Number Respondent Location of Violation 12 -176 ELIGIO NUNEZ 20 SUNDIAL KEY DRIVE Ofc: RS JUANA NUNEZ Member Kelley, seconded by Vice - Chairman 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, , 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 Vice - Chairman Lowery, seconded by Member Kelley, moved that Case #08 -075 be heard first, and then the board will revert back to the regular agenda. Vice - Chairman Lowery, seconded by Member Amey, moved to re -hear case #08 -075 for the purpose of possible fine reduction. The motion carried unanimously. Case No. 08 -075 — Theresa Morales 1714 Palmerston Circle Officer Rodriguez Violation Cited: 105.4 02 -05 -08 NOV Re- Inspection Date: 02 -27 -08 03 -10 -08 SOV 03 -10 -08 NOH Meeting Date: 03 -25 -08 03 -10 -08 POS Regular and Certified Mail 03 -25 -08 OC Meeting Date: 04 -22 -08 03 -28 -08 POS Regular and Certified Mail 04 -11 -08 POS Posting 04 -22 -08 CO Given until 05-23-08 to comply or be fined $150.00 a day 05 -27 -08 OIF /L 06 -19 -09 AFFIDAVIT OF COMPLIANCE 06 -23 -09 OIF /L TOTAL DUE: $58,650.00. Observation: Failure to obtain any required final inspection for Fence, permit #0602221, issued on September 8, 2006, and expired March 7, 2007. Officer Loeffler presented in Officer Rodriguez's stead, and gave the case's history. Affidavit of Compliance was issued as of June 19, 2009. City's costs: $637.78. Kathleen Beaulieu, the realtor handling the property, spoke about the case. She noted that the fence was not there when they took possession of the property. Member Osborne, seconded by Member Amey, moved to recommend that in Case #08 -075 the fine be reduced to the City's cost of $637.78. The motion carried unanimously. Page 2 Case No. 12 -156 — Ressie Grimes 303 Spring Lake Circle Officer Siegrist Violation Cited: 115 -5 08 -02 -12 NOV Re- Inspection Date: 08 -21 -12 08 -22 -12 SOV 08 -22 -12 NOH Meeting Date: 09 -25 -12 08 -22 -12 All docs sent by Regular & Certified Mail Observation: Overgrown grass or weeds. Officer Siegrist presented the case and gave its history. He presented photos as exhibits. The house is occupied and has utilities; it is located next to Spring Lake Elementary. As of today, property is non- compliant. Officer Siegrist added that neighbors say a small portion of the property was mowed, maybe 25% of it. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #12 -156 the respondent be found in violation as cited as of August 17, 2012, and be given until October 2, 2012, to comply or be fined $250 per violation, per day. The motion carried unanimously. Case No. 12 -159 — Teddy / Virginia Cadle 1506 Mona Avenue Officer Siegrist Violation Cited: 115 -5 08 -06 -12 NOV Re- Inspection Date: 08 -21 -12 08 -30 -12 SOV 08 -30 -12 NOH Meeting Date: 09 -25 -12 08 -30 -12 POS Regular & Certified Mail Observation: Mow grass / weeds. Officer Siegrist presented the case and gave its history. Photos were presented as exhibits and the property is not compliant as of today. Member Amey asked if the was house vacant. Officer Siegrist answered `no, it is also occupied.' Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #12 -159 the respondents be found in violation as cited as of August 21, 2012, and be given until October 2, 2012, to comply or pay $250 per day. The motion carried unanimously. Page 3 Case No. 12 -164 — Jim Medley 709 Stinnett Drive Officer Loeffler Violation Cited: 108 -35, 115 -3 08 -20 -12 NOV Re- Inspection Date: 09 -10 -12 09 -12 -12 SOV 09 -12 -12 NOH Meeting Date: 09 -25 -12 09 -12 -12 Docs sent by Regular & Certified Mail Observation: Vacant home with open, unsecured access to an in- ground swimming pool with unsanitary water. Fence and gate broken; laying on the ground, pool enclosure personnel door unlocked. Conditions constituting a public health and safety nuisance. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. As of this date, the property is non - compliant. Staff is requesting that the property be found in violation and authority be given to abate the property. Member Amey stated that the property was owned by Bank of America. Officer Loeffler said that it wasn't yet owned by Bank of America, but it soon would be. Member Amey, seconded by Member Osborne, moved that in Case #12 -164 the respondent be found in violation as cited September 2, 2012, and be given until October 12, 2012, to come into compliance or be fined $250 per day, per violation, and authorize the city to abate the property and charge the cost of abatement to the property. The motion carried unanimously. Case No. 12 -171— West Orange Property Holdings, LLC TR. 5049 Sawdust Circle Officer Loeffler Violation Cited: 108 -24D 08 -30 -12 NOV Re- Inspection Date: 09 -10 -12 09 -12 -12 SOV 09 -12 -12 NOH Meeting Date: 09 -25 -12 09 -12 -12 All docs sent by Regular & Certified Mail Observation: Vacant, locally owned property, overgrown grass with extremely tall weeds impacting neighboring property, residents, and quality of life. Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. As of today's date the grass is 4 feet tall. The property is non - compliant. Chairman Godek asked if the officer got a complaint from a neighbor. Officer Loeffler answered `no.' Member Kelley asked if this was a repeat offender. Officer Loeffler answered `no'. Member Kelley, seconded by Member Carrington, moved that in Case #12 -171 the respondent be found in violation as cited as of September 9, 2012, and be given until October 12, 2012, to comply or be fined $250 per day for every day it remains in non - compliance. The motion carried unanimously. Page 4 Case No. 12 -173 — Jerson / Minerva DeGanzo 1871 Marsh Wren Court Officer Loeffler Violation Cited: 105.4, 104.5.1 08 -30 -12 NOV Re- Inspection Date: 09 -10 -12 09 -12 -12 SOV 09 -12 -12 NOH Meeting Date: 09 -25 -12 09 -12 -12 All docs sent by Regular & Certified Mail Observation: Expired, suspended, abandoned permit without required inspection(s): permit #2523 -2011 Low voltage electric security alarm ". No inspections /final inspection. Case No. 12 -174 — ADT Security Services, Inc. 1871 Marsh Wren Court Officer Loeffler Violation Cited: 105.4, 104.5.1 08 -30 -12 NOV Re- Inspection Date: 09 -10 -12 09 -12 -12 SOV 09 -12 -12 NOH Meeting Date: 09 -25 -12 09 -12 -12 All docs sent by Regular & Certified Mail Observation: Expired, suspended, abandoned permit without required inspection(s): permit #2523 -2011 Low voltage electric security alarm ". No inspections /final inspection. Member Kelley noted that the cases had different respondents, but were the same cases. Officer Loeffler said that he was just going to mention that. Board Attorney Sneed said the board will need to do two different motions at the end of each case, but the board can do a motion to hear both cases simultaneously. Member Kelley, seconded by Member Carrington, moved to hear Cases #12 -173 and 12 -174 simultaneously. The motion carried unanimously. Officer Loeffler presented the case and gave its history. His exhibits include the permit in question and an electrical diagram. The building department stated that if no work was completed on the permit, which is said to have been applied for in error, a simple letter to the building division could have been sufficient as an avenue of compliance on the contractor's part. Member Osborne summarized that both the homeowner and ADT were guilty of the same violation. Further discussion ensued. Member Carrington, seconded by Member Kelley, moved that in Case #12-1 73 the respondent be found in violation as of September 10, 2012, and be given until October 2, 2012, or be fined $250 per day, per violation until compliance. The motion carried unanimously. Member Carrington, seconded by Member Osborne, moved that in Case #12-1 74 the respondent be found in violation as of September 10, 2012, and be given until October 2, 2012, or be fined $250 per day, per violation until compliance. The motion carried unanimously. Page 5 Case No. 12 -175— Virginia Armstrong 1106 Caballero Road Officer Siegrist Violation Cited: 115- 3,115 -5 08 -15 -12 NOV Re- Inspection Date: 09 -11 -12 09 -13 -12 SOV 09 -13 -12 NOH Meeting Date: 09 -25 -12 09 -13 -12 POS Regular & Certified Mail Observation: Misc. trash / debris on property including tree limbs and branches. Weeds / grass over 10" in backyard. Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. Member Kelley asked if someone was living there. Officer Siegrist answered that no one was living there. As of today, the officer said, the property is only half completed. Ms. Cynthia Snyder, Virginia Armstrong's daughter who was sworn in, said that they have hired two different people to take care of the yard. The first person subsequently was admitted to the hospital. The second person hired has a crew. They are in the process of getting rid of the boat and other things. Ms. Snyder's father and brother died within a year of each other. Her mother (Ms. Armstrong) is 85 and is in Ms. Snyder's care. Ms. Snyder's hired help said that he should have the work done by end of the week. Chairman Godek asked her how much time she needed. Ms. Snyder asked to have until next Monday to have the clean -up finished. Member Osborne, seconded by Member Amev, moved that in Case #12 -175 the respondent be found in violation as of September 7, 2012, and be given until October 16, 2012, to comply or be fined $250 per day, per violation for each day the violation remains in non - compliance. The motion carried unanimously. OTHER BUSINESS Case No. 12 -095— Chad / Angel Solomon 16 Lafayette Street Officer Rodriguez Violation Cited: 108 -23 05 -31 -12 NOV Re- Inspection Date: 06 -13 -12 06 -14 -12 SOV 06 -14 -12 NOH Meeting Date: 06 -26 -12 06 -14 -12 POS Regular & Certified Mail 06 -26 -12 OC Meeting date: 07 -24 -12 07 -24 -12 OC Meeting date: 08 -28 -12 08 -15 -12 Proof of notice by posting 08 -28 -12 Compliance order Found in violation as of 06 -07 -2012 to comply by 09 -12 -12 or fine of $100.00 Per day and allow city to abate property if not in compliance by date given, And add fees to fine. Observation: Broken window. Page 6 Officer Loeffler presented the case (for Officer Rodriguez) and gave its history. The property is non- compliant. Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case # 12 -095 to impose fine pursuant to the original order. The motion carried unanimously. Case No. 12 -102 — Greg Adkins/ Louise Hoyos 710 Crystal Drive Officer. Rodriguez Violation Cited: 115 -3, 115 -6 06 -18 -12 NOV Re- Inspection Date: 06 -28 -12 07 -31 -12 SOV 07 -31 -12 NOH Meeting Date: 08 -28 -12 07 -31 -12 POS Regular & Certified Mail 08 -15 -12 Proof of notice by posting 08 -28 -12 Compliance order Found in violation as of 06 -27 -12 to comply by 09 -12 -12 or fine of $100.00 per day, per violation, and allow City to abate property if not in compliance by date given and add fees to fine. Observation: Miscellaneous junk / debris in the backyard of property. Unsafe dirty swimming pool. Officer Loeffler said that the property was non - compliant. Member Kelley, seconded by Vice - Chairman Lowery moved that in Case #12 -102 to impose fine. The motion carried unanimously. Case No. 12 -123 — Merary Ramos / Jennifer Williams 1103 Caballero Road Officer Siegrist Violation Cited: 115 -3, 108 -23Q, 108 -19A 07 -22 -12 NOV Re- Inspection Date: 07 -16 -12 07 -24 -12 SOV 07 -24 -12 NOH Meeting Date: 08 -28 -12 07 -24 -12 Docs sent by Regular & Certified Mail 08 -28 -12 Compliance Order Found in violation as of 07 -02 -12 to comply by 09 -12 -12 of 115 -3, 108 -23Q, 108 -19A or fine of $100.00 per day, per fine. Observation: Misc. trash / debris on property. Unfenced swimming pool in front yard. Weeds / grass over 10" backyard. People are living in house without active City water account. Fence in disrepair. Officer Siegrist said the property is non - compliant of 115 -3. Member Kelley, seconded by Member Carrington, moved that in Case #12 -123 to impose fine on violation 115 -3 as of date cited. The motion carried unanimously. Page 7 Case No. 12 -136 — Juan / Junior Ayala 410 Little Spring Hill Drive Officer Loeffler Violation Cited: 6- 4H(6)(b), 168-6B(1)(a)(b), 108-24 07 -12 -12 NOV Re- Inspection Date: 07 -28 -12 08 -15 -12 SOV 08 -15 -12 NOH Meeting Date: 08 -28 -12 08 -15 -12 POS Regular & Certified Mail 08 -28 -12 Compliance Order Found in violation as of 07 -27 -2012 to comply by 09 -12 -12 or fine of $100.00 per day, per violation. Observation: Trailers and construction equipment parked / stored: front yard of corner lot location. Old appliances sitting in yard. Parking vehicle on grass. Officer Loeffler reported that the property is still non - compliant. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #12 -136 to impose fine as of the date cited. The motion carried unanimously. Case No. 12 -144 — Taylor Graham 625 Neumann Village Court Officer Rodriguez Violation Cited: 115 -3 07 -27 -12 NOV Re- Inspection Date: 08 -13 -12 08 -14 -12 SOV 08 -14 -12 NOH Meeting Date: 08 -28 -12 08 -14 -12 Docs sent by Regular & Certified Mail 08 -15 -12 Proof of Notice by Posting 08 -28 -12 Compliance Order Found in violation as of 08 -11 -12 to comply by 09 -07 -12 or fine of $100.00 per day. 09 -07 -12 Affidavit of Non - compliance Observation: Overgrown grass or weeds. Officer Loeffler said that the property was non - compliant as of today. Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #12 -144 to impose fine. The motion carried unanimously. COMMENTS Code Enforcement Manager / Asst. to the City Manager Doug Gaines — stated that the City is in the process of adopting a new ordinance (vacant properties registry) which will affect squatters in homes, code, etc. A fee of $200 will probably be adopted. Contractors will find non - compliant properties through lis pendens. It should be very helpful. Attorney Sneed said the banks are happy to do these because it puts the properties all in one place. Chairman Godek - asked about the folks that were in the house without water last month. Officer Siegrist answered that they have water and the youngest child is in school. Page 8 COMMENTS (cont'd) Member Kelley — said thanks for a great job. Vice - Chairman Lowery — said `ditto'. He also asked if there was any news on the workshop. Mr. Gaines answered that he is still bugging the city attorney for a date. Member Osborne asked for feedback for reductions in fines from the commission. Mr. Gaines stated that he sends a spreadsheet to the commission; he can send it to her as well. Attorney Sneed asked if he could add what was recommended versus what they had to pay. Mr. Gaines added that nine times out of ten the commission agrees with the board. ADJOURNMENT Meeting adjourned at 7:56 p.m. AT EST: 6 ) APP • 4 ): / —a/ / ..4./24 I I I PZ/ Stella W. M`Leod, CEB Re or ni g Clerk Ro ' 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 9