01-27-2004 Minutes
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
JANUARY 27, 2004
CALL TO ORDER
Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to
order at 7:00 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the
Pledge of Allegiance to the Flag and the Invocation. The roll was called and a quorum was
declared present.
PRESENT: Chairman Linebarier, Vice-Chairman Lenko (arrived at 7:08 p.m.), Members
Chancey, Godek, Henderson, Konicek, Skiles, and Alternate Member
Donenfeld. Also present were Building & Zoning Official Phelps,
Enforcement Officers Braddy-Bagwell, Loeffler and Siegrist, Permitting Clerk
Ramos, Attorney Sneed, and Deputy City Clerk Brasher.
ABSENT: Member Stanley who was excused.
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
SEP ARA TEL Y.
The Consent Agenda consisted of approval of Items A and B.
A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday,
November 25, 2003.
B. Order of Continuance - None
Vice-Chairman Lenko, seconded by Member Konicek, moved to approve the Consent
Agenda as presented. Motion carried 7-0.
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
CS - CONTINUED STAY
CTR - COPY TO RESPONDENT
EX-EXHIBITS
Code Enforcement Board Minutes
January 27, 2004
FS- FEES STAYED
NOCV - NOTICE OF CODE VIOLATION
NOH - NOTICE OF HEARING
OAF - ORDER AUTHORIZING FORECLOSURE
OIF/L- ORDER IMPOSING FINE/LIEN
ONC - ORDER OF NON-COMPLIANCE
OOC - ORDER OF CONTINUANCE
PDFS - PER DAY FINE SUSPENDED
POS - PROOF OF SERVICE
RFR - REQUEST FOR REHEARING;
RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE
ROF- REDUCTION OF FINE
SOV - STATEMENT OF VIOLATION (S)
Permitting Clerk Ramos administered the oath to Code Enforcement Officers Loeffler,
Siegrist and anyone intending to speak regarding a case.
Building Official Phelps a stated that the following Cases were either withdrawn or in
compliance:
Case No. 03-001006, Case No. 03-001288, Case No. 03-003255, Case No. 03-003303, Case
No. 03-003322, Case No. 03-003328, Case No. 03-003332, Case No. 03-003338, Case No.
03-003350, Case No. 03-003356, and Case No. 03-003364
Member Konicek, seconded by Member Skiles, moved to hear Case Nos. 03-003314, and 03-
003357, 99-074, 99-075, and 03-002719 as the next items on the Agenda. Motion carried 7-0.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARINGS
Case No. 03-003314 - Church Harvest Church of God
153 West Silver Star Road
Violation Cited: 51-13
11-19-03 NOCV Re- Inspection Date: 12-01-03
12-05-03 SOV
12-05-03 NOH Meeting Date: 01-27-04
12-10-03 POS Certified Mail
Observation: Un-permitted work without permit.
Officer Siegrist
Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case
and stated the property is in non-compliance.
Pastor Nick Vaughn Carter representative for the church stated he was told by the previous
City Manager and Mayor Vandergrift that a permit was not necessary unless they were adding
on to the church. The Church then received a "Stop Work Order" and it took over three weeks
of phone calls and leaving messages to get in touch with Mr. Phelps to discuss the issue. Mr.
Carter stated that he received the engineering plans today and would be able to apply for the
permit tomorrow. Building Official Phelps stated it could possibly take two to three weeks
to review the permit application.
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Code Enforcement Board Minutes
January 27,2004
Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 03-003314 to find
the Respondent in violation oj Section 51-13 as oj November 29, 2003, but to give until
February 17,2004, to comply or impose fine oJ$200.00 per day. Motion carried 7-0.
Case No. 03-003357 - John O. and Tracy L. Tingley
917 Hyland Spring Drive
Violation Cited: 51-13
12-10-03 NOCV Re-Inspection Date: 12-29-03
01-07-04 SOV
01-07-04 NOH Meeting Date: 01-27-04
01-07 -04 POS Certified Mail
01-07 -04 POS Regular Mail
Observation: Garage enclosure without permit.
Officer Siegrist
Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case
and stated the property is in non-compliance.
Building Official Phelps stated the permit was not turned down, the Building Department
just required additional information in order to process/approve the permit application.
Respondent Tracy Tingley, having been sworn, stated she has the additional information that
was requested by the Building Department to finish the permit process.
Member Chancey, seconded by Member Skiles, moved in Case No. 03-003357 to find the
Respondents in violation oj Section 51-13 as oj August 10, 2003, but to give until February
17, 2004, to comply or impose fine oj $50.00 per day. Motion carried 7-0.
Case No. 99-074 - Ruby Reeves
505 W. Franklin Street
Violation Cited: 119-2 and 165-3
09-18-98 NOCV
03-16-99 SOV
03-16-99 NOH
03-18-99 POS
03-23-99 CO
04-01-99 AONC
04-27-99 OIF
01-20-04 RFR/ROF
Observation: Canopy/carport and building with easy child access/public danger.
Officer Loeffler
Re-Inspection Date: 03-16-99
Meeting Date: 03-23-99
Delivery
03-30-99 or $250.00 a day
108-35
Case No. 99-074 - Ruby Reeves
505 W. Franklin Street
Violation Cited: 119-2 and 165-3
Officer Loeffler
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Code Enforcement Board Minutes
January 27,2004
Re-Inspection Date: 03-16-99
09-18-98 NOCV
03-17-99 SOY
03-17-99 NOH
03-18-99 POS
03-23-99 VO
03-23-99 CO
04-01-99 AONC
04-27-99 OIF
01-20-04 AOC
01-20-04 RFR/ROF 04-01-99 thru 01-250-04 Total Due $438.750.00
Observation: Operating junkyard, auto storage/salvage, auto repair shop and towing service
without license. Junk vehicles on property.
Meeting Date: 03-23-99
Delivery
119-2
03-30-99 or $250.00 a day
165-3
Code Enforcement Loeffler presented exhibits, gave a detailed history of the Cases and
stated the property is in compliance.
Frankie Kaup, having been sworn, stated she has power-of-attorney for her mother's
property. Mrs. Kaup further stated she was not aware of the fines and lien on her mother's
property but as soon as she was aware of the problem she met with someone from the Code
Enforcement Department. She also said she immediately started to clean up the violations and
would like to see the fines and lien removed from her mother's property.
Vice-Chairman Lenko, seconded by Member Henderson, moved in Case Nos. 99-074 and
99-075 to recommend to the City Commission to reduce the fine in both Cases to $1,000 and
release the lien Jor both Cases if paid within 30 days or fine would revert back to original
fine. Motion carried 6-1 with Member Skiles voting no.
Case No. 03-002719 - Virginia R. Kelley
465 Meadow Sweet Court Officer Siegrist
Violation Cited: 51-13
08-01-03 NOCV Re-Inspection Date: 09-05-03
09-09-03 SOY
09-09-03 NOH Meeting Date: 09-23-03
09-10-03 POS Certified Mail
09-10-03 POS Regular Mail
09-23-03 OOC For 60 days
09-24-03 NOH Meeting Date: 11-25-03
10-06-03 POS Certified Mail
11-25-03 CO Given until 02-20-04 or pay $25.00 a day.
Observation: Widened driveway (slab) without a permit.
Building Official Phelps gave an update for Case No. 03-002719 and advised the Code
Enforcement Board that the Respondent filed a variance and the Board of Adjustment would
hear the variance in February.
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Code Enforcement Board Minutes
January 27,2004
Break 8:15 p.m. to 8: 35 p.m.
Case No. 03-001219 - Mark N. and Katrina Johanson
A-I Heat & Air Conditioning, Inc. c/o David E. Adkins
1602 Little Spring Hill Drive
Violation Cited: 105-4
11-25-03 NOCV Re-Inspection Date: 12-18-03
12-23-03 SOV
12-23-03 NOH Meeting Date: 01-27-04
12-23-03 POS Certified Mail
12-13-03 POS Regular Mail
Observation: Complete mechanical inspection.
Officer Braddy-Bagwell
Code Enforcement Officer Braddy-Bagwell gave a detailed history of the Case and stated
that the Case against A-I Heat & Air conditioning, Inc. has been dismissed.
Member Godek, seconded by Member Henderson, moved in Case No. 03-001219 to find the
Respondents in violation oJ Section 105-4 as oJ December 6, 2003, but to give until February
10,2004, to comply or impose fine oJ$50.00 a day.
BeJore the vote was taken, Vice-Chairman Lenko, seconded by Member Chancey, moved to
amend the fine in the original motion to $100.00 a day. Motion carried 4-3 with members
Skiles, Henderson, and Godek voting no.
Member Godek, seconded by Member Henderson, moved in Case No. 03-001219 to find the
Respondents in violation oJ Section 105-4 as oJ December 6, 2003, but to give until February
10,2004, to comply or impose fine oJ $100.00 a day as amended. Motion carried 5-2 with
Members Skiles and Godek voting no.
Case No. 03-003321- Richard F. Sederland
702 Crystal Drive Officer Siegrist
Violation Cited: 165-3
11-19-03 NOCV Re-Inspection Date: 01-05-04
01-07-04 SOY
01-07-04 NOH Meeting Date: 01-27-04
01-07 -04 POS Certified Mail
01-07 -04 POS Regular Mail
01-08-04 POS Posting
Observation: One tan Volvo, inoperable appearance low air tires, grass around and under
vehicle, FL tag # 123275, "Collectible" expired August 2002, on side yard.
Code Enforcement Officer Siegrist presented exhibits, gave a brief history of the Case and
stated the property is in compliance.
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Code Enforcement Board Minutes
January 27, 2004
Member Chancey, seconded by Member Skiles, moved in Case No. 03-003321 to find the
Respondent in violation oJ Section 165-3 as oJ December 20, 2003, but in compliance as oJ
January 27, 2004, and no fine imposed. Motion carried 7-0.
Case No. 03-003326 - Ricky L. Moore
578 W. Silver Star Road
Violation Cited: 165-3
11-18-03 NOCV Re-Inspection Date: 11-18-03
11-24-03 SOY
11-24-03 NOH Meeting Date: 01-27-04
12-03-04 POS Certified Mail
12-03-04 POS Regular Mail
01-09-04 POS Posting
Observation: One Toyota pick-up truck, blue, FL tag # E70KEB.
Officer Siegrist
Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case
and stated the property is in non-compliance.
Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 03-003326 to find
the Respondent a "Repeat Violator" oJ Section 165-3 as oJ November 18, 2003, but to impose
fine oJ$100.00 a day as oJNovember 19,2003, until property is brought into compliance.
Motion carried 7-0.
Case No. 03-003336 - William Oreilly
1001 Doreen Avenue Officer Braddy-Bagwell
Violation Cited: 51-13
11-11-03 NOCV Re-Inspection Date: 12-03-03
12-16-03 SOY
12-16-03 NOH Meeting Date: 01-27-04
12-16-03 POS Certified Mail
12-16-03 POS Regular Mail
Observation: New structure is being erected without a building permit.
Code Enforcement Office Braddy-Bagwell presented exhibits, gave a detailed history of the
Case and stated the property is in non-compliance.
Member Chancey, seconded by Member Godek, moved in Case No. 03-003336 to find the
Respondent in violation oJSection 51-13 as oJDecember 1,2003, but tofive until February 3,
2004, to comply or impose fine oJ$100.00 a day. Motion carried 7-0.
Member Chancey, seconded by Member Skiles, moved in Case No. 03-003336 to amend the
original motion to give the Respondent until February 17, 2004, to comply. Motion carried 7-
O.
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Code Enforcement Board Minutes
January 27,2004
OTHER BUSINESS
Code Enforcement Officer Loeffler gave an update regarding Case No. 03-003291 (Cypress
Colony, Inc.).
Mayor Vandergrift thanked the board for volunteering their time and thanked the staff for
cleaning up the community.
COMMENTS
Building Official Phelps - None
Attorney Sneed - None
Code Enforcement Officer Siegrist - None
Code Enforcement Officer Loeffler - None
Code Enforcement Officer Braddy-Bagwell- None
Permitting Clerk Ramos - None
Member Donenfeld -
Member Godek - Said he would like to have a discussion regarding fines.
Member Henderson - None
Member Chancey - He commended the Code Enforcement Department for cleaning up the
old cases.
Member Konicek - Happy Holidays.
Member Skiles - Said he would be giving his resignation next month because he was running
for Commissioner for District 1.
Chairman Linebarier - Happy Holidays.
Vice-Chairman Lenko - Said she would like to have a discussion of Administrative Rules
added to the agenda. Building Official Phelps stated that his department is updating the
Administrative Rules and well as the Code Enforcement Board Ordinance.
Deputy City Clerk Brasher - None
ADJOURNMENT
Meeting adjourned at 9:15 p.m.
Attest:
APPROVED:
~~o!P
Brenda Maxwell, eputy CIty Clerk
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