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09-24-2013 Minutes CODE ENFORCEMENT BOARD MINUTES SEPTEMBER 24, 2013 CALL TO ORDER Chairman Robert 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. Vice - Chairman Lowery gave the invocation, and Member Kelley 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, Kelley, Osborne, and Alt. Member Hopper. Also present were Asst. Support Services Director - Code Enforcement Manager Doug Gaines, Code Enforcement Officers Carmen Delgado and Robert Siegrist; Administrative Assistant Bridgett Coffey, Board Attorney Mary Sneed, and Recording Clerk Stella McLeod. ABSENT: Members Carrington and Amey were absent/excused. GUESTS: None. Administrative Assistant Coffey 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 27, 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 Number Respondent Location of Violation 13 -119 JAMES HILL 9084 FLORIBUNDA DRIVE OFFICER DELGADO 13 -091 BSR LEARING LLC 2564 MAGUIRE ROAD OFFICER EXPRESS TOYS OF WINDERMERE DELGADO ILIANA MAVINKURVE TEACHERS ANNUITY ASSOCIATION OF AMERICA C. Order of Continuance (OCTOBER 22, 2013 Meeting) Case Number Respondent Location of Violation 13 -085 YASSIM / BIBI SATTER 206 E SILVER STAR ROAD OFFICER SIEGRIST 12 -179 JOSEPH J MARRA 338 N BLUFORD AVENUE OFFICER DELGADO (CONTINUED UNTIL JANUARY 2014) Member Kelley, seconded by Vice - Chairman Lowery, moved that the supplemental consent agenda be accepted as presented. Motion carried unanimously. Vice - Chairman Lowery, seconded by Member Kelley, moved that Case #13 -125 be moved to the beginning of the agenda and then revert back to the original agenda. 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 -125 Wesmere Cove Property Owner Assn., Inc 310 Tomyn Blvd. Leland Management Officer Delgado Violation Cited: 6 -10, 115 -7 Observation: Property not being maintained, weeds /grass overgrown, pruning, trimming of overgrowth and removal of debris. Complaints from citizens Children walk to school scared of the snakes and of the shrubs are dead and a few of the trees have fallen over. 08 -15 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 09 -11 -13 09 -11 -13 STATEMENT OF VIOLATIONS 09 -11 -13 NOTICE OF HEARING MEETING DATE: 09 -24 -13 09 -11 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 09 -24 -13 BOARD ORDER FOUND IN VIOLATION AS OF 08 -20 -13 AND IN COMPLIANCE AS OF 09- 24 -13. Page 2 NO FINE. NOTED ON FILE FOR POSSIBLE FUTURE REPEAT CASE. 09 -25 -13 VIOLATION ORDER REG. MAIL Officer Delgado presented the case and gave its history. Photos were presented as evidence. The property is in compliance with the City as of today. Mr. Scott Pollock, Leland Management, apologized for having to come before the board; going forward, he said, they will ensure that the property stays in compliance. Member Blunder, seconded by Vice - Chairman Lowery, moved that in Case #13 -125, the respondent be found in violation as cited as ofAugust 28, 2013, and in compliance as of September 24, 2013, and that no fine be assessed. Motion carried unanimously. Case No. 13 -097 Pablo Velazquez / Beda Torres / Angel Hammock 806 Ursula Street Officer Siegrist Violation Cited: 6 -4 Observation: One (1) "Aluma" camper trailer/ whi/ NO TAG/ parked in front driveway. 07 -19 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 08 -01 -13 08 -05 -13 STATEMENT OF VIOLATIONS 08 -05 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -05 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -13 ORDER OF CONTINUANCE MEETING DATE: 09 -24 -13 09 -24 -13 BOARD ORDER FOUND IN VIOLATION AS OF 08 -01 -13 AND IN COMPLIANCE AS OF 09 -24 -2013. NO FINE. 09 -25 -13 VIOLATION ORDER REG. MAIL Officer Siegrist presented the case and gave its history. Photos were presented as exhibits. As of today, the property was observed to be in compliance. Vice- Chairman Lowery, seconded by Alt. Member Hopper, moved that in Case #13 -097, the respondent be found in violation as cited as of August 1, 2013, and in compliance as of September 24, 2013, and that no fine be assessed at this time. Motion carried unanimously Case No. 13 -036 Brian - Sara Beth Petersen, Air Excel LLC 1365 Olympia Park Circle Officer Loeffler Violation Cited: 51 -1, 105.4.1.2 Observation: abandoned, expired permit with no final inspection. Permit # 2554 -2012 (residential- mechanical -a -c 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 Page 3 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. 06 -25 -13 IMPOSE FINE AS OF 06 -09 -2013 06 -26 -13 ORDER IMPOSING FINE -LIEN 06 -26 -13 PROOF OF SERVICE CERTIFIED MAIL 08 -01 -13 AFFIDAVIT OF COMPLIANCE 08 -01 -13 ORDER IMPOSING FINE -LIEN TOTAL DUE $1,300.00 08 -01 -13 PROOF OF SERVICE CERTIFIED MAIL No one was present to speak on behalf of the request. As is customary, the board did not hear the case. OTHER BUSINESS Case No. 13 -092 Colfin Ai-F1 4 LLC / Csfr Colfin American Investors LLC/ Colony Financial 1952 Edinborough Place Officer Loeffler Violation Cited: 115 -3, 108 -35, 115 -5, 115 -6 Observation: neglected property responsibility — unsecured wide -open access to a unsanitary in ground swimming pool. Wide -open unsecured access to physical structure. Evidence of juvenile and unauthorized access including mattresses, ashtrays, fast food, beer and cans, clothing, buckets dipped into swimming pool and poured into toilets for flushing. Conditions constituting a public nuisance and attractive nuisance presenting a danger to the public health, safety and welfare. Conditions creating a blighted Condition impacting the quality, character and value of the Neighborhood and the overall city. Overgrown tall weeds and grass (ownership effective 7 -8 -2013) 07 -31 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: N -A 08 -01 -13 STATEMENT OF VIOLATIONS 08 -01 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -01 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -16 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 07 -31 -13 (IN COMPLAINCE OF 108 -3, 115 -3 AS OF 08- 27 -13). TO COMPLY FOR 115 -5, 115 -6 BY 09 -06 -13 OR FINE OF $50.00 PER DAY, PER VIOLATION UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AFTER 09 -06 -13 AND ADD COSTS TO FINE. Officer Delgado (for Officer Loeffler) reported that the property is in compliance. Photos of the cleaned -up property were presented. The affidavit of compliance is on file. Chairman Godek asked when the property came into compliance. Officer Delgado responded that the property came into compliance at the beginning of September 2013. Chairman Godek asked if the City had abated the property. Officer Delgado answered `no'. Discussion ensued as to whether or not the compliance was reached after the due date. Officer Delgado told the board that Officer Loeffler has been on vacation. Officer Delgado reported that she inspected the property today. It was determined that no further action was required by the board. Page 4 Case No. 13 -105 1h2 Property Florida LP 2040 Cassingham Circle Officer Loeffler Violation Cited: 115 -5 Observation: neglected property maintenance: overgrown -tall weed and grass. Creating a blighted effect upon the community. 07 -16 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 08 -08 -13 08 -09 -13 STATEMENT OF VIOLATIONS 08 -09 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -09 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -13 COMPLIANCE ORDER FOUND IN VIOALATION AS OF 07 -31 -13 TO COMPLY BY 09 -06 -13 OR FINE OF $100.00 PER DAY UNTIL IN COMPLIANCE. AUTHORIZE CITY TO ABATE PROPERTY AFTER 09 -06 -13 AND ADD COSTS TO FINE. 09 -24 -13 IN COMPLIANCE -NO ACTION. 09 -25 -13 VIOLATION ORDER REG. MAIL Officer Delgado presented the case. She inspected the property today, and reported that the property is in compliance. An affidavit of compliance is on file. When asked when the respondents complied, Officer Delgado reminded the board that she inspected the property today for Officer Loeffler who is on vacation. No further action was required by the board. Case No. 13 -106 Elcinette C. Joseph 2026 Cassingham Circle Officer Loeffler Violation Cited: 115 -5, 108 -23Q Observation: dilapidated wood fence, overgrown -tall weeds and grass. 07 -16 -13 NOTICE OF CODE VIOLATION RE- INSPECTION DATE: 08 -08 -13 08 -09 -13 STATEMENT OF VIOLATIONS 08 -09 -13 NOTICE OF HEARING MEETING DATE: 08 -27 -13 08 -09 -13 ALL DOCUMENTS SENT BY REG. & CERTIFIED MAIL 08 -27 -13 COMPLIANCE ORDER FOUND IN VIOLATION AS OF 07 -31 -13 FOR CODES 108 -23Q, (IN COMPLIANCE OF 115 -5 ON 07- 31 -13). TO COMPLY BY 09 -13 -13 OR FINE OF $ 50.00 PER DAY UNTIL IN COMPLIANCE. Officer Delgado reported that there is an affidavit of non - compliance on file for the property. Member Osborne asked about code 108 -23Q. She wanted to know if both the violations were finable offenses. The officer answered that 108 -23Q is the dilapidated fence code, and the other code (115 -5) is for overgrown weeds and grass. The board gave the respondents until September 13, 2013, to comply. Member Osborne, seconded by Vice - Chairman Lowery, moved to impose fine as of September 14, 2013. Motion carried unanimously. Page 5 COMMENTS Officer Delgado — thanked the citizens for their help in achieving compliance. Recording Clerk McLeod — welcomed Alt. Member Hopper back to the board. Member Kelley — thanked the staff for the continuing decrease in non - compliant properties. Vice - Chairman Lowery — thanked staff for an excellent job. Alt. Member Hopper — said that he was glad to be back and looks forward to serving the City. Member Osborne — said that she got an email from UCF about code courses. Administrative Assistant Coffey said that the courses are for code enforcement officers. Member Osborne welcomed Alt. Member Hopper back to the board. Chairman Godek — welcomed Alt. Member Hopper. He announced that the board still has one vacancy to be filled. ADJOURNMENT Meeting adjourned at 7:20 p.m. T' ST: �} A: ED: � / / _ �� I ��Ii1 rt 174e - S t • lla W. M CEB Recordin Cl- Robert Godek, Cha 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 6