05-28-2013 Minutes CODE ENFORCEMENT BOARD MINUTES
MAY 28, 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 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, Blynder, Carrington, Kelley,
and Osborne. Also present were Asst. Support Services Director - Code Enforcement
Manager Doug Gaines, Code Enforcement Officers Carmen Delgado, Edward Loeffler and
Robert Siegrist; Administrative Assistant Bridgett Ballard, Board Attorney Mary Sneed, and
Recording Clerk Stella McLeod.
ABSENT: None.
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 April 23, 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 (Case #13 -039 was transferred to the consent agenda)
Case Number Respondent Location of Violation
C. Order of Continuance (JUNE 25, 2013 Meeting)
Case Number Respondent Location of Violation
13 -044 ANDREA MARIE STEPHENS 1503 PRAIRIE LAKE BLVD
OFFICER SEARS HOME IMPROVEMENT PRODUCT
LOEFFLER
13 -045 AHMED SALAH 2323 BLAKE WAY
OFFICER NOHA NOUR
LOEFFLER ADT LLC
Member Kelley, seconded by Member Carrington, moved that the consent agenda be accepted as
presented. Motion carried unanimously..
COMMENTS FROM CITIZENS
None.
HEARINGS OF STATEMENTS OF VIOLATIONS
PURSUANT TO THE HEARING RULES ADOPTED 13Y 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
Vice - Chairman Lowery, seconded by Member Kelley, moved that the order of the agenda be changed to
hear the following cases in sequence which are #13 -032, #12 -234, #13 -002, and then revert back to the
original agenda. Motion carried unanimously.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS
Case No. 13 -032 Platos Closet / Heidi Koch / Good Homes Plaza (E &A), LLC
8891 W Colonial Drive Officer Delgado
Violation Cited: 51 -13
Observation: Renovation without required permits, plans, approval and inspections.
03 -06 -13 NOTICE OF CODE VIOLATION Re- inspection date: 03 -26 -13
04 -09 -13 STATEMENT OF VIOLATIONS
04 -09 -13 NOTICE OF HEARING Meeting date: 04 -23 -13
04 -09 -13 ALL DOCUMENTS SENT BY Reg. & certified mail
04 -23 -13 ORDER OF CONTINUANCE Meeting date 05 -28 -13
Officer Delgado presented the case and gave its history. Building Official Jim Washington observed the
violation. An exhibit was presented (affidavit for renovation of work without a permit). As of this date, the
property is not in compliance.
Officer Delgado continued by saying that staff recommends giving the respondents thirty days to comply
with a penalty of $150 per day thereafter.
Chairman Godek asked for those wishing to speak about the case to come forward.
Mr. James Mirrione, of Good Homes, LLC, 515 E. Las Olas Blvd., Fort Lauderdale, FL, spoke on behalf
the company. Mr. Mirrione said that he was present to ensure that he fully understood the board's actions,
the impact of those actions, and what his agency needs to do to comply. He proceeded by noting that they
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are aware of the situation with Platos Closet, and that they have tried to assist the business with getting their
documents in order, including working with Officer Delgado. It was Mr. Mirrione's understanding that the
contractor that was previously engaged by Platos Closet either A) did not do what was supposed to be done,
or B) failed to get the proper documents to the city in a timely manner. Mr. Mirrione continued that it was
his understanding that a new general contractor had been hired to submit documentation to the City. Mr.
Mirrione said that the proper document was submitted today. Officer Delgado corrected him by saying
what has been submitted is an application for a permit, not a permit. He agreed and said that the application
still has to go through building review with all of the necessary inspections.
Ms. Kirsten Weiss, Platos Closet, 8891 West Colonial Drive, thanked the board and staff for their time.
She asked for an extension of three weeks. Chairman Godek asked who Heidi Koch was. Ms. Weiss
replied that Ms. Koch is the previous owner. Ms. Weiss said that she believes that with her current
contractor and with the three -week extension, she will be able to bring the business into compliance.
Member Osborne asked what was going on between November 2012 and the compliance date that kept
Ms. Weiss from complying. Ms. Weiss said that she never got the whole story as to what was needed for
compliance. The previous contractor had other projects and did not make her project a priority. She has
since hired another contractor.
Vice - Chairman Lowery expressed doubt as to whether the extension would be enough time for her to
come into compliance. Officer Delgado answered that the City is requiring the respondents to obtain a
permit and a final inspection. Once they have the permit, the inspection has its own timetable. Further
discussion ensued. Board Attorney Sneed asked if the City was just asking for permits to be issued.
Officer Delgado responded affirmatively.
Member Kelley asked how much time an individual would have to work on a project once the permit is
granted and before the City (Code Enforcement) got involved again. Officer Delgado answered that the
building division's process takes six months. The officer continued that once the respondents obtain the
permit, they will have then met the City's requirements and will then be dealing with the building division.
After further discussion, the chairman asked for the board's pleasure concerning the matter.
Member Osborne, seconded by Member Kelley, moved that in Case #13 -032, the respondents be found in
violation as cited as of as of February 15, 2013, and be given until June 28, 2013, to come into compliance
or be fined $150 per day. Motion carried unanimously.
Case No. 12 -234 Beverly Bellinger / Christopher Jones
844 Patriots Point Drive Officer Delgado
Violation Cited: 115 -3, 115 -6, 108 -35
Observation: Dog feces all over back screen patio. Swimming pool water dirty and green.
11 -06 -12 NOTICE OF CODE VIOLATION RE- INSPECTION DATE:
11 -06 -12 STATEMENT OF VIOLATIONS
11 -06 -12 NOTICE OF HEARING MEETING DATE: 11 -27 -12
11 -06 -12 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
11 -27 -12 COMPLIANCE ORDER ' FOUND IN REPEAT VIOLATION AS OF
11 -6 -12 FINED $500.00 PER DAY, PER
VIOLATION UNTIL IN COMPLIANCE
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11 -28 -12 PROOF OF SERVICE CERTIFIED MAIL
03 -13 -13 AFFIDAVIT OF COMPLIANCE 115 -3 & 108 -35
03 -13 -13 AFFIDAVIT OF NON COMPLIANCE 115 -6
04 -30 -13 ORDER IMPOSING FINE /LIEN
04 -30 -13 PROOF OF SERVICE CERTIFIED MAIL
05 -13 -13 AFFIDAVIT OF COMPLIANCE
05 -14 -13 ORDER IMPOSING FINE /LIEN TOTAL DUE $191,000.00
05 -14 -13 PROOF OF SERVICE CERTIFIED MAIL
05/28/13 REQUEST FOR REDUCTION MEETING DATE: 05/28/13
05/28/13 RECOMMENDATION REDUCE FINE TO $10,598.88.
TO BE HEARD BY CITY COMMISSION FOR FINAL DETERMINATION
Vice - Chairman Lowery, seconded by Member Kelley moved that Case #12 -234 be re -heard for possible
reduction offine. Motion passed unanimously.
Officer Delgado presented the case and gave its history. An exhibit (photo) was presented as well. The
property was brought into compliance on May 13, 2013. The total owed for the lien is $191,000. The
City's total costs: $598.88.
Ms. Lisa Jones, 3348 S. Lake Butler Blvd., Windermere, spoke for the case. Ms. Jones explained that her
son travels frequently, and his roommate failed to take care of things. As soon as they found out that there
were problems, however, they took care of them.
Chairman Godek asked about the length of time it took to fix the problem. Ms. Jones said that the pool
was in compliance but had additional problems due to a clogged drain. They spent additional funds having
the drain repaired and returning the pool to good condition.
Member Osborne asked how it became a repeat violation if it was taken care of immediately. Officer
Delgado said in November 2012 the pool and property were in violation. In March 2013, the deck was
cleaned up, but the pool was still dirty.
Board Attorney Sneed clarified that this was the November 2012 case that came to the officer as a repeat
violation. Officer Delgado replied affirmatively.
Member Kelley asked the original date of the repeat violation. Officer Delgado answered that she did not
have the date with her.
Member Carrington asked why notice was not taken the first time in September to fix the problem, and
how does the board know this will not happen again.
Ms. Jones answered that they removed the dogs and fixed the pool. Her son travels a lot and is actually
selling the house. He was supposed to close May 24, 2013, but he could not due to this problem.
Board Attorney Sneed reminded the board that this will be recommendation.
Member Blynder said that he recalled that the neighbor came to the board two months in a row. Both
times there were photographs of a horrible situation on the property. Ms. Jones said the neighbor takes a
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picture everyday of everything. Ms. Jones replied that she understood the board's position, but the board
does not know what she has been through with the property because of her neighbor.
Asst. Support Services Director / Code Enforcement Manager Doug Gaines clarified that the City did
not cite according to the photographs taken by the neighbor. The City used only the photos taken by staff.
Member Osborne moved that the board recommend the reduction of the fine to $5000; the motion died for
lack of a second.
The chairman asked the board for another motion.
Member Blynder, seconded by Member Kelley, moved that in Case #12 -234, the board recommend to the
commission that the fine be reduced to $10,000 plus the City's costs of $598.88. Motion passed by majority
roll -call vote of 4 to 3 with Chairman Godek, and Members Amey and Osborne dissenting.
Case No. 13 -002 Thomas R. Ison Sr. Estate
6 E Delaware Street Officer Loeffler
Violation Cited: 115- 3,108- 35,108 -19, 108 -22, 108 -24
Observation: Occupancy of a dwelling and allowing occupancy of a dwelling in violation of Ocoee minimum housing standards.
Unsanitary conditions affecting the health, safety and welfare of the public and occupants. No electrical or water utilities required
to meet sanitary and occupancy related ordinances: no connection to legal, approved source of potable water and electrical service
supply required for sanitary operation of waste system, hot and cold water supply, potable water supply, and mechanical
perishable food storage. Wrecked, cut -up sport utility vehicle hulk, chassis and parts in the unfenced open access front yard,
visible from street and from Ocoee middle school. Vehicle hulk creating a danger and nuisance to the public health safety and
welfare. Misc. Junk, debris littering the property.
01 -08 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE:
01 -08 -13 STATEMENT OF VIOLATIONS
01 -08 -13 NOTICE OF HEARING MEETING DATE: 01 -22 -13
01 -08 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
01 -22 -13 COMPLIANCE ORDER FOUND IN COMPLIANCE OF 01 -22 -13 OF
115 -3, 108 -35, 108 -19 F &D, 108 -22, 108 -24D.
FOUND IN VIOLATION OF 108 -19A, 108 -19C.
TO COMPLY BY 01 -25 -2013 OR FINE OF $150.00
PER DAY, PER VIOLATION, UNTIL IN
COMPLIANCE.
02 -26 -13 BOARD ORDER IMPOSE FINE AS PERSUANT TO
JAN. 23, 2013 ORDER.
02 -27 -13 ORDER IMPOSING FINE -LIEN
02 -27 -13 PROOF OF SERVICE CERTIFIED MAIL
03 -26 -13 AFFIDAVIT OF NON COMPLIANCE
04 -19 -13 AFFIDAVIT OF COMPLIANCE
04 -24 -13 ORDER IMPOSING FINE -LIEN TOTAL DUE $25,200.00
04 -25 -13 PROOF OF SERVICE CERTIFIED MAIL
05 -28 -13 REQUEST FOR REDUCTION MEETING DATE : 05 -28 -13
05 -28 -13 RECOMMENDATION REDUCE FINE TO CITY COST OF $426.11.
TO BE HEARD AND DETERMINED BY BOARD OF COMMISSION.
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Vice - Chairman Lowery, seconded by Member Amey, moved to re -hear Case #13 -002 for possible
reduction of fine. Motion carried unanimously.
Officer Loeffler presented the case and gave its history. The property owner had little control of the
situation as there was a tenant occupying the property. Upon the departure of the tenant as of April 19,
2013, the property rapidly came into compliance. City's total cost: $426.00.
Ms. Patricia Breeze (formerly Ison), said that the tenant had moved and everything is in compliance.
Board Attorney Sneed reminded board that this is a recommendation to the commission.
Member Blynder, seconded by Member Amey, moved that in Case #13 -002, the board recommend to the
commission that the fine be reduced to the City's costs. Motion passed by majority roll -call vote of 5 to 2
with Members Carrington and Osborne dissenting.
Case No. 13 -040 Truong Dung Hoang
427 Sterling Lake Drive Officer Siegrist
Violation Cited: 115 -6
Observation: Abandoned or unsafe swimming pool
04 -11 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04 -29 -13
04 -30 -13 STATEMENT OF VIOLATIONS
04 -3013 NOTICE OF HEARING MEETING DATE: 05 -28 -13
04 -30 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -17 -13 NOTICE OF POSTING
05 -28 -13 VIOLATION ORDER (HAND DELIVERED)
FOUND IN VIOLATION AS OF 04 -26 -13
OF 115 -6. IN COMPLIANCE AS OF
05- 28 -13, NO FINE. FILE AS POTENTIAL
REPEAT.
Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. As of this date,
the property is in compliance.
Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #13 -040, the respondent be
found in violation as cited as of April 26, 2013, and found in compliance as of May 28, 2013, and that no
fine be assessed at this time. Motion carried unanimously.
Case No. 13 -043 Jacqueline Valenzuela
440 Misty Meadow Drive Officer Loeffler
Violation Cited: 105.44.1.2
Observation: Abandoned, expired permit with no final inspection. Permit # 2916 -2012; permit type: residential /mechanical /a -c /change out/no
duct work/indoor and outdoor units.
04 -01 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04 -18 -13
05 -13 -13 STATEMENT OF VIOLATIONS
05 -13 -13 NOTICE OF HEARING MEETING DATE: 05 -28 -13
05 -13 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -28 -13 COMPLIANCE ORDER FOUND IN VIOLATION OF 105.44.1.2
AS OF 04 -17 -13 (ONLY HOMEOWNER).
TO COMPLY BY 06 -10 -13 OR FINE OF
$50.00 PER DAY UNTIL IN COMPLIANCE.
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Officer Loeffler presented the case and gave its history (expired permit with no final inspection). Staff
from the building division contacted the code enforcement division. Exhibits were presented. A deadline
was set for respondents to contact building to reinstate the permit and schedule final inspection. As of this
date, the violation is non - compliant. The City recommends $50 per day for non - compliance and no fine
against the contractor at this time.
Member Osborne, seconded by Member Kelley, moved that in Case #13 -043, the respondent (Ms.
Valenzuela) be found in violation as cited as of April 17, 2013, and be given until June 10, 2013, to comply
or be fined $50 per day thereafter. Motion passed unanimously.
Case No. 13 -047 KALAWATEE SAWH / SIVANAN L SAWH / NIAYANA LATCHMAN
2 Lakeview Street Officer Loeffler
Violation Cited: 108 -24D, 59 -3, 115 -3
Observation: living in back yard camping tent and inoperable, damaged camping vehicle. Violation of minimum standards; health and safety
violations. Nuisance condition.
04 -18 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04 -28 -13
05 -13 -13 STATEMENT OF VIOLATIONS
05 -13 -13 NOTICE OF HEARING MEETING DATE: 05 -28 -13
05 -13 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -28 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 04 -28 -13
OF 108 -24D, 59 -3, 115 -3. TO COMPLY BY
06 -11 -13 OR FINE OF $50.00 PER DAY, PER
VIOLATION UNTIL IN COMPLIANCE.
Officer Loeffler presented the case and gave its history. Photos were presented as exhibits. As of this date,
the property is non - compliant (the camper and tent are still there as is the disabled camping vehicle). The
City is recommending a 15 -day compliance period (for each violation) with a $50 /day fine.
Member Amey asked if someone is living in the home. Officer Loeffler answered that the home is vacant.
Member Kelley, seconded by Member Carrington, moved that in Case #13 -047, the respondents be found
in violation as cited as of April 28, 2013, and be given until June 11, 2013, to come into compliance or
forfeit $50 /day, per violation until compliance is reached. Motion carried unanimously.
Case No. 13 -049 CLIFFORD / MILDRED HILL
104 Olympus Drive Officer Loeffler
Violation Cited: 165 -3
Observation: Green Ford truck with expired tag and evidence of non - operation: spider webs, leaves and debris. Black Lincoln with flat tire and
expired tag.
04 -08 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 04 -22 -13
05 -13 -13 STATEMENT OF VIOLATIONS
05 -13 -13 NOTICE OF HEARING MEETING DATE: 05 -28 -13
05 -13 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -28 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 04 -18 -13
OF 165 -3. TO COMPLY BY 06 -14 -13 OR
FINE OF $150.00 PER DAY UNTIL IN
COMPLIANCE.
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Officer Loeffler presented the case and gave its history. Photos presented as exhibits. As of this date, the
violation is still present. The officer stated that the City recommends a 15 -day compliance period with a
$50 /day fine.
Member Amey asked if the house was vacant. Officer Loeffler answered `no'.
Vice - Chairman Lowery, seconded by Member Amey, moved that in Case #13 -049, the respondents be
found in violation as of April 18, 2013, as cited, and be given until June 14, 2013, to comply or be fined
$50 /day for each day the violation remains non - compliant.
Member Kelley asked Officer Loeffler how the matter came to his attention. Officer Loeffler answered
that the neighbors complained as well as the homeowner's association. Member Kelley said that he felt
that the fine stated in the motion was too low.
Member Kelley, seconded by Member Blynder, moved to amend the motion's fine amount to $150 per day.
The motion for the amendment passed by a majority roll -call vote of 4 to 3 with Chairman Godek and Vice -
Chairman Lowery dissenting.
The amended motion passed by a majority roll -call vote of 6 to 1 with Member Amey dissenting.
Case No. 13 -050 Antonio Harmon
728 N Lakewood Avenue Officer Siegrist
Violation Cited: 115- 3,108 -35
Observation: One (1) large tree on property, that appears to be dead, with limbs over sidewalk and road.
04 -25 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 05 -09 -13
05 -13 -13 STATEMENT OF VIOLATIONS
05 -13 -13 NOTICE OF HEARING MEETING DATE: 05 -28 -13
05 -13 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -17 -13 PROOF OF SERVICE HAND DELIVERY
05 -28 -13 COMPLIANCE ORDER FOUND IN VIOLATION OF 115- 3,108 -35
AS OF 05- 09 -13. TO COMPLY BY
06 -21 -13 OR FINE OF $150.00 PER DAY
UNTIL IN COMPLIANCE. (All codes as 1
fine, not separate). BC
Officer Siegrist presented the case with photos as exhibits. As of this date, the property is not in
compliance. The City recommends a 10 -day compliance period and a $50 fine per day, per violation
thereafter.
Member Kelley asked where the power lines were in relation to the tree. Officer Siegrist answered that it
appeared that the lines were between the house and the tree.
Chairman Godek asked about documentation regarding the condition of the tree. Officer Siegrist
explained that the corrective action given to the respondent was to obtain documentation from an arborist
that the tree is not diseased or dying or obtain a permit to remove the tree.
Member Osborne asked how the City can tell a resident that a tree needs to be removed. She has seen
dead trees in neighbor's yards but the City is not telling them to remove the trees. The officer answered that
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he can make such a citation pursuant to the code rules that have been cited. Attorney Sneed advised that
the board needs to determine if the tree constitutes a nuisance as cited by the City. Asst. Support Services
Director / Code Enforcement Manager Doug Gaines added that this matter was brought to code
enforcement by a complaint. Further discussion ensued.
Member Kelley asked about City's costs. Asst. Support Services Director / Code Enforcement
Manager Doug Gaines answered `approximately $3000'. Further discussion ensued.
Member Kelley, seconded by Member Carrinzton, moved that in Case #13 -050, the respondent be found in
violation as cited as of May 9, 2013, and be given until June 21, 2013, to come into compliance or be fined
$150.00 per day, per violation.
During the discussion phase, Member Amey asked why the board is changing the fine when the City
recommended $50. Chairman Godek answered that the board has that privilege. Member Kelley
answered that a slap on the wrist will not work. Member Carrington concurred that the fine was too low.
Member Blynder said that he did not agree with the amount.
Member Blynder, seconded by Member Amey, moved to amend the motion's fine amount to $150 /per day
for all of the violations. The amendment passed by a majority vote of 4 to 3 with Vice- Chairman Lowery,
and Members Kelley and Carrington dissenting.
The motion passed by a majority roll -call vote of 6 to 1 with Member Kelley dissenting.
Case No. 13 -051 Cheryl Foster
1906 Lady Avenue Officer Siegrist
Violation Cited: 168 -6
Observation: Vehicle parked on front yard, not driveway.
05 -03 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 05 -13 -13
05 -15 -13 STATEMENT OF VIOLATIONS
05 -15 -13 NOTICE OF HEARING MEETING DATE: 05 -28 -13
05 -15 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -17 -13 NOTICE OF POSTING
05 -28 -13 VIOLATION ORDER FOUND IN VIOLATION AS OF 05 -13 -13
OF 168 -6. IN COMPLIANCE AS OF 05- 24 -13.
HEARD BY BOARD FOR POSSIBLE
FUTURE REPEAT. NO FINE.
Officer Siegrist presented the case and gave its history. As of May 24, 2013, the property was re- inspected
and observed to be in compliance.
Chairman Godek asked if there were parts of the City where one can park on the grass. Officer Siegrist
answered affirmatively.
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Vice - Chairman Lowery, seconded by MemberAmev, moved that the respondent be found in violation as
cited as of May 13, 2013, and be found in compliance as of May 24, 2013, and that no fine be assessed at
this time. Motion carried unanimously.
Case #13 -054 Lavern Fraedrich c/o Isabel E Freeman
85 Buck Key Court Officer Delgado
Violation Cited: 108 -35, 51-13, 108-23G,D,E(1)(2), 115-5, 108-27, 108-24D3
Observation: Damaged Mobile home from tree falling on roof and side of trailer, leaving mobile home with the roof and exterior metal siding
walls damaged with missing siding and insulation debris blowing onto other yards where children are. Overgrown grass /weeds. Front wood
steps and rail post rotted and unsafe. Miscellaneous debris on the property. Permit required for repairs to Roof and Siding or for Demolition of
Mobile Home.
03 -15 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 05 -16 -13
05 -16 -13 STATEMENT OF VIOLATIONS
05 -16 -13 NOTICE OF HEARING MEETING DATE: 05 -28 -13
05 -16 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
05 -28 -13 COMPLIANCE ORDER FOUND IN VIOLATION OF 108 -35,
108- 23G,D,E(1)(2), 115 -5, 108 -27, 108 -24D,
AS OF 04- 12 -13. TO COMPLY BY 06 -21 -13
OF ALL CODES EXCEPT 51 -13 OR FINE
OF $50.00 PER DAY PER VIOLATION
UNTIL IN COMPLIANCE.
Officer Delgado presented the case and gave its history. The case came to her by way of a citizen
complaint. Photos along with the citizen complaint were presented as exhibits. As of this date, the property
is in non - compliance. The City is recommending a 15 -day compliance period and $50 per day, per
violation. Further discussion ensued.
Chairman Godek asked if the violation was a hazard. The officer answered that there are children in the
area, and the property is unsightly.
Member Amey asked who owned the property. Officer Delgado answered that the property is owned by
Lavern Fraederich, but Isabel Freeman is listed as `in care of', and the officer has heard nothing from Ms.
Freeman. Further discussion ensued.
Member Blynder asked if the City could fine them for a permit before they did something without
obtaining a permit. Officer Delgado answered said she questioned that as well. She said that she added that
violation in order to advise the respondent that a permit would be needed if the roof was to be repaired or if
the house were to be demolished. Asst. Support Services Director / Code Enforcement Manager Doug
Gaines added the City cannot fine them for the permit; the City is asking her to get a permit.
Member Amey stated that the respondent is therefore aware of the problem. Officer Delgado answered
affirmatively.
Attorney Sneed advised that the board's motion can designate whatever time the board thinks is useful.
Member Carrington, seconded by Member Osborne, moved that in Case #13 -054, the respondent be found
in violation as cited (except for 51 -13) as of April 12, 2013, and be given until June 21, 2013, to come into
compliance or be fined $50 /day, per violation. Motion carried unanimously.
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OTHER BUSINESS
Case #10 -026 Charlene McCrea
1213 Freedom Court Officer Loeffler
Observation: prohibited acts ( abandoned or junk vehicle)
No one showed to speak for the case; hence, the board took no action concerning the case.
Case No. 13 -029 Munguia Leonel
607 N Lakewood Avenue Officer Siegrist
Violation Cited: 51 -13
Observation: Work without permit. Structure built in backyard that has what appears to be two (2) bedrooms, with mattresses, dressers, etc.
The structure also has a full bathroom. There is also an addition to the rear of the house, that has been plumbed for and being used as a laundry
room. Also, there is a large wooden shed in the backyard.
03 -11 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 03 -22 -13
03 -25 -13 STATEMENT OF VIOLATIONS
03 -25 -13 NOTICE OF HEARING MEETING DATE: 04 -23 -13
03 -25 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
04 -15 -13 NOTICE BY POSTING
04 -23 -13 COMPLIANCE ORDER FOUND IN VIOLATION ON 03 -23 -13 AS
CITED FOR 51 -13. TO COMPLY BY 05 -22 -13
OR FINE OF $100.00 PER DAY UNTIL IN
COMPLIANCE.
05 -28 -13 IMPOSE FINE IMPOSE FINE AS OF 05 -23 -2013
Officer Siegrist said that the case was heard at the April 23rd meeting. As of this date, he reported, the
respondent has not complied.
Vice - Chairman Lowery, seconded by Member Kelley, moved that in Case #13 -029, fine be imposed as of
May 23, 2013. Motion carried unanimously.
Case #13 -031 Faris Crews
1013 Sarah Lea Lane Officer Siegrist
Violation Cited: 168 -6B (1), 168-6C, 165-3A, 115 - 5,115 -3
Observation: Three (3) vehicles parked on front yard, or rite -of -way, not driveway. Also, misc. trash /debris. Also, utility trailer parked in front
yard. Grass /weeds over 10 ". One (1) GMC pick -up truck with flat LF tire.
03 -14 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 03 -29 -13
04 -09 -13 STATEMENT OF VIOLATIONS
04 -09 -13 NOTICE OF HEARING MEETING DATE: 04 -23 -13
04 -09 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
04 -15 -13 NOTICE BY POSTING
04 -23 -13 COMPLIANCE ORDER FOUND IN COMPLIANCE AS OF 04 -23 -13
FOR 168- 6B(1), 168 -6C, 115 -5.
FOUND IN VIOLATION AS OF 03 -29 -13
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FOR 115 -3, 165 -3A. TO COMPLY BY
05 -08 -13 OR FINE OF $50.00 PER DAY, PER
VIOLATION UNTIL IN COMPLIANCE.
05 -09 -13 AFFIDAVIT OF NON - COMPLIANCE
05 -28 -13 IMPOSE FINE IMPOSE FINE AS OF 05 -09 -13
Officer Siegrist said that the case was heard at the April 23 board meeting. The officer reported that the
property is not in compliance as of today's date.
Member Blynder, seconded by Member Amey, moved that the board impose fine as of May 9, 2013.
Motion carried unanimously.
Case No. 13 -036 Brian / Sara Beth Petersen
1365 Olympia Park Circle Air Excel LLC Officer Loeffler
Violation Cited: 51- 1,105.4.1.2
Observation: abandoned, expired permit with no final inspection. Permit # 2554 -2012 (residential /mechanical /a/change out/no duct
work/indoor unit
02 -01 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 03 -08 -13
04 -11 -13 STATEMENT OF VIOLATIONS
04 -11 -13 NOTICE OF HEARING MEETING DATE: 04 -23 -13
04 -11 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL
04 -23 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 02 -15 -13
AS CITED FOR 105.4.1.2. TO COMPLY
BY 05 -08 -13 OR FINE OF $50.00 PER DAY
UNTIL IN COMPLIANCE.
05 -28 -13 COMPLIANCE ORDER EXTENTION OF COMPLIANCE DATE
TO 06 -08 -2013.
Officer Loeffler said that the board gave the respondents until May 8th to comply. He discovered today that
on May 2nd, two inspections were conducted, but the inspections failed. Officer Loeffler said that he does
not know why. Currently the property is non - compliant.
Member Kelley, seconded by Member Blynder, moved that in Case #13 -036 the compliance date be
extended to June 8, 2013.
Member Amey asked if the extension would be enough time. Officer Loeffler responded that the building
official does have the authority to re- activate the permit or have the respondents reapply so that the final
inspection can be achieved.
Motion carried unanimously.
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COMMENTS
Member Amey - said the collection of big fines will be quite a job.
Vice - Chairman Lowery — encouraged staff to keep up the good work.
Member Kelley - thanked staff. He asked who is making the fine recommendations and compliance
durations and why. Assistant Support Services Director - Code Enforcement Manager Doug Gaines
answered that they review the cases each month within code enforcement, and they make recommendations
for fines and compliance. If it is a residential they recommend $25 /day; if there are renters they recommend
$50 /day. If it is a life safety issue or there are repeat offenders, they recommend more, but it is only a
recommendation. He defined `we' as himself and the code enforcement officers. Member Amey said that
the change came about as the result of the recent code enforcement workshop. Mr. Gaines confirmed that
this was true and added that the board, the city attorney, and the city manager all attended the workshop and
gave input.
Chairman Godek - thanked staff and said he will not be at the meeting next month. He admonished
everyone to go easy on Vice - Chairman Lowery who will be chairing the next month's meeting.
ADJOURNMENT
Meeting adjourned at 8:26 p.m.
ATTEST: n AP' ROVED:
LZ /
tella W. M CEB Reco e in: le ' Robert 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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