03-26-2013 Minutes CODE ENFORCEMENT BOARD MINUTES
MARCH 26, 2013
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 Carrington led the invocation and Vice - Chairman
Lowery 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 Blynder, Carrington, Kelley, and
Osborne. Also present were Asst. Support Services Director - Code Enforcement Manager
Doug Gaines, Code Enforcement Officer Edward Loeffler; Administrative Assistant Bridgett
Ballard, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod.
ABSENT: Member Amey 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 February 26, 2013, Code Enforcement Board Meeting
Assistant Support Services Director - Code Enforcement Manager Doug Gaines presented the
dismissals - compliances as well as the continuances.
B. Dismissal or Compliance (Cases #13 -012, 13 -024, 13 -026 were transferred to the consent agenda)
Case Number Respondent Location of Violation
C. Order of Continuance (APRIL 23, 2013 Meeting)
Case Number Respondent Location of Violation
13 -025 HAPPY STATE BANK TRUSTEE 1900 E. SILVER STAR RD.
OFFICER C/O BURDETT MORGAN WMSON &
LOEFFLER BOYKIN
Vice - Chairman Lowery, seconded by Member Carrinj'ton, 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 - POS, 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. 13 -021 LN Silver Star LLC / Lee Najjar
1800 E Silver Star Road Officer Loeffler
•
Violation Cited: 115 -5 A,B,C, 108-35, 115-3
Observation: Vacant partially wooded improved commercial lot within 500 feet of residentially zoned (occupied) and public
right -of -way /sidewalk areas. Tall weeds and grass; overgrowth. Dilapidated fencing -open access. Trash, junk, debris. Attractive
public nuisance and related activities.
01 - 23 - 13 Notice of Code Violation Re- inspection date: 03 -08 -13
03 -14 -13 Statement of Violations
03 -14 -13 Notice of Hearing Meeting date: 03 -26 -13
03 -14 -13 All documents sent by Reg. & certified mail
03 -26 -13 Order of Continuance Found in violation as of 01/23/2013 of 115 -5, 108 - 35,115 -3, to
comply by 04/01/13 or fine of $250.00 per day, per violation until in
compliance. Allow City to abate phone book nuisance and add cost
to fine.
Officer Loeffler presented the case and gives the history. Photos were presented as exhibits. Phone books
were dumped on the property; the books were lit on fire. This act of arson occurred again on March 10,
2013 (photos presented). A U.S. Marshall notice of hearing and a small `no trespassing' sign were observed
to be posted at the property. As of this date, the property is non - compliant. The City is requesting a short
compliance time frame, and the officer would like the board to authorize the City to abate the property
(phone book removal and fencing) prior to the compliance date.
Member Kelley asked if Officer Loeffler would like the board to abate the phone books or abate in total.
The officer answered `in total'.
Member Osborne asked what the officer meant by that. Officer Loeffler replied that even though there is
a daily accruing fine, the City would like to have the authority to possibly fix the fence if needed, possibly
do mowing and litter removal if compliance is not reached, but he would like authorization to remove the
phone books. Further discussion ensued. The officer summarized that the City wants abatement authority
for the `whole thing'.
Member Kelley asked if the fencing would keep people out; Officer Loeffler responded `no'; he confirmed
that the hope is that the repair would keep vehicles out. Further discussion ensued. Chairman Godek asked
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if the respondents had contacted the officer. The officer answered negatively.
Vice - Chairman Lowery asked about Mr. Lee Najjar. Officer Loeffler answered that Mr. Najjar has been
cited along with his corporation, but no response has been received from him.
Member Kelley, seconded by Vice - Chairman Lowery, moved that in Case #13 -021 the respondent be found
in violation of 115 -5, 108 -35, and 115 -3 as of January 23, 2013, and be given until April 1, 2013, to comply
or pay $250 per day, per violation until all violations are corrected, and authorize the City to abate the
phone book nuisance and pass the cost on to the owners.
Discussion ensued.
Member Blynder expressed concern about the amount of the fine given the lack of response from the
owner(s). Member Kelley responded that he does not care.
Member Carrington said that fire department has been called twice, and there is a public nuisance. Perhaps
now Mr. Njjar will pay attention, the member continued.
Member Kelley said that given the complaints of the taxpayers, the board needs to do everything in its
power to get the respondents' attention.
Member Osborne asked why not abate the fence. Office Loeffler answered that it would only deter traffic
off the main roadway.
Motion carried unanimously.
OTHER BUSINESS
Case No. 13 -019 Deannie Nelson
712 Broadway Drive Officer Loeffler
Violation Cited: 43 -8 A -B, 43 -7
Observation: Keeping and maintaining barnyard animals within a residentially zoned district at 712 Broadway Drive. Multiple
(5) complaints related to odor and noise received by this department September 2012 — January 2013.
01 - 16 - 13 Notice of Code Violation Re- inspection date: 02 -13 -13
02 -13 -13 Statement of Violations
01 -13 -13 Notice of Hearing Meeting date: 02 -26 -13
02 -13 -13 All documents sent by Reg. & certified mail
02 -14 -13 Notice of Posting
02 -26 -13 Compliance Order Found in violation as of 02/12/13; to comply by 03/13/13 or fine of
$25.00 per day, per violation until violation is in compliance.
Officer Loeffler presents the case and gives the history. The property is not in compliance.
The chairman asked if the respondent had contacted Officer Loeffler. Officer Loeffler said that there had
not been.
Member Carrington, seconded by Vice - Chairman Lowery, moved to impose fine pursuant to the board's
order on February 26, 2013. The motion carried unanimously.
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COMMENTS
Vice- Chairman Lowery - expressed satisfaction at the progress of the enforcement and wished Assistant
Director / Code Enforcement Manager Doug Gaines a good trip.
Chairman Godek - solicited for two more members to fill vacant alternate member positions.
ADJOURNMENT
itip adjourned at 07: ,1 p.m.
i TEST: / APP ' O ED: /
tella W. M CEB Recor ing • k Ro odek, hairman
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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