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02-24-2004 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING FEBRUARY 24, 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, Members Donenfeld, Godek, Skiles, and Stanley. 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: Vice-Chairman Lenko, Members Chancey, Henderson, and Konicek who were 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 SEPARATELY. The Consent Agenda consisted of approval of Items A, B & c. A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, January 27, 2004. B. Order of Continuance - March 23, 2004 - None C. Order of Dismissal - None Member Donenfeld, seconded by Member Skiles, moved to approve the Consent Agenda as presented. Motion carried 5-0. 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 Code Enforcement Board Minutes February 24, 2004 cs - CONTINUED STAY CTR - COpy TO RESPONDENT EX-EXHIBITS 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 Braddy- Bagwell, Loeffler, Siegrist and anyone intending to speak regarding a case. Building Official Phelps announced the following Cases are in compliance: 04-003, 03-003336, and 03-003357 Member Skiles, seconded by Member Donenfeld, moved to hear Case No. 04-002 as the next item on the Agenda. Motion carried 5-0. HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Attorney Sneed administered the oath to Building Clerk Ramos. Case No. 04-002 - Odilon Ramires & Gertudis Hernandez 104 Mobile Lane Officer Siegrist Violation Cited: 165-3 & 115-3 01-15-04 NOCV Re-Inspection Date: 02-05-04 02-11-04 SOV 02-11-04 NOH Meeting Date: 02-24-04 02-11-04 POS Certified Mail 02-11-04 POS Regular Mail 02-12-04 POS Posting Observation: One Chevy S-10 Blazer, gray with no tag, front end missing and trash/debris including car parts. Code Enforcement Officer Siegrist presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Respondent Odilon Ramirez, having been sworn, stated he rents the property to another individual and he will have the debris cleaned up by Friday. 2 Code Enforcement Board Minutes February 24, 2004 Member Godek, seconded by Member Skiles, moved in Case No. 04-002 to find the Respondents in violation of Section 115-3 and 165-3 as of January 30, 2004, and in compliance of Section 165-3 as of February 16, 2004, but to give until March 2, 2004, to comply with Section 115-3 or impose fine of $50.00 per day. Motion carried 5-0. Case No. 04-001- Christopher, Ronald G & Janet L. McClelland 1401 Wanda Street Officer Loeffler Violation Cited: 165-3 01-30-04 NOCV Re-Inspection Date: 01-29-04 01-30-04 SOV 01-30-04 NOH Meeting Date: 02-24-04 01-30-04 POS Hand Delivery Observation: Blue pick-up truck, rear cargo area containing junk and debris. Expired tag, March 2003. Code Enforcement Officer Loeffler presented exhibits, gave a detailed history of the present and previous Case(s), stated the Respondents are repeat violators and the property is in compliance. Member Godek, seconded by Member Stanley, moved in Case No. 04-001 to find the Respondents as repeat violators of Section 165-3 as of January 29, 2004, but in compliance as of February 2,2004, and to impose fine of $250. 00 per day. Motion carried 4-1 with Member Skiles voting no. Member Godek, seconded by Member Stanley, moved in Case No. 04-001 to impose administrative costs in the amount of $34.68 against the Respondents. Motion carried 3-2 with Members Donenfeld and Skiles voting no. Chairman Linebarier announced that Case No. 03-003326 was found in violation as a repeat violation at the January 27,004, Code Enforcement Board Meeting however it has been found that the Respondent is not a repeat violator and a motion will be made to rescind the findings of the previous Code Enforcement Board Meeting. Member Donenfeld, seconded by Member Stanley, moved in Case No. 03-003326 to rescind the order of findings of facts, conclusion of law and order from the January 27, 2004, Code Enforcement Board Meeting. Case No. 04-004 - Ricky L. Moore 578 W. Silver Star Road Violation Cited: 165-3 02-02-04 NOCV 02-17-04 SOV 02-17-04 NOH 02-17 -04 POS Officer Siegrist Re- Inspection Date: 02-16-04 Meeting Date: 02-24-04 Certified Mail 3 Code Enforcement Board Minutes February 24,2004 02-17 -04 POS Regular Mail 02-17 -04 POS Posting Observation: One blue Toyota pick-up truck FL tag# E70KEB, expired June 2002, and one Mazda 4X4 SE5 B2600 tan pick-up truck, no tag, and one red Nissan pick-up truck, FL tag# URS824, expired June 2000. Code Enforcement Office Siegrist presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Member Donenfeld, seconded by Member Skiles, moved in Case No. 04-004 to find the Respondent in violation of Section 165-3 as of February 12, 2004, but to give until March 2, 2004, to comply or impose fine of$50.00 per day. Motion carried 5-0. Chairman Linebarier announced the fine has been paid in Case Nos. 99-074 and 99-075. 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 Case update and stated the property is in non-compliance and the City of Ocoee would like to recover administrative costs of 106.50. Member Godek, seconded by Member Stanley, moved in Case No. 03-001219 to impose fine and lien of$100.00 per day as of February 11,2004. Motion carried 5-0. Case No. 03-002719 - Virginia R. Kelley 465 Meadow Sweet Court Violation Cited: 51-13 08-01-03 NOCV 09-09-03 SOV 09-09-03 NOH 09-10-03 POS 09-10-03 POS 09-23-03 OOC 09-24-03 NOH 10-06-03 POS 11-25-03 CO Officer Siegrist Re-Inspection Date: 09-05-03 Meeting Date: 09-23-03 Certified Mail Regular Mail For 60 days Meeting Date: 11-25-03 Certified Mail Given until 02-20-04 or pay $25.00 a day. 4 Code Enforcement Board Minutes February 24, 2004 Observation: Widened driveway (slab) without a permit. Member Godek, seconded by Member Donenfeld, moved in Case No. 03-002719 to extend the compliance date to March 9, 2004. Motion carried 5-0. 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 Building Official Phelps asked the Code Enforcement Board to extend the compliance date Member Skiles, seconded by Member Donenfeld, moved in Case No. 03-003314 to extend the compliance date to March 20, 2004. Motion carried 5-0. 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 - Said thank you to the City Clerk Department for his Code Book. Member Godek - Said it has been a pleasure working with Member Skiles on the Code Enforcement Board for all these years. Member Skiles - Said he had enjoyed working with the Code Enforcement Board Members over the last eight years and it was a learning experience. Chairman Linebarier - None Member Stanley - None Deputy City Clerk Brasher - None ADJOURNMENT Meeting adjourned at 7:55 p.m. 5 Code Enforcement Board Minutes February 24, 2004 Attest: i', /. , \ - Ll Brenda Brasher, APPROVED: 6