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05-28-2002 Minutes L MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING MAY 28, 2002 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:35 p.m. in the Commission Chambers at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and Member Donenfeld led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members Chancey, Donenfeld Godek, Henderson, and Konicek. Also present were Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, Building Clerk Ramos, Attorney O'Quinn and Administrative Assistant II Maxwell. ABSENT: Member Skiles, who was excused. Member Solomon, who was unexcused. 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, May 28, 2002. B. Order of Continuance -None C. Order of Dismissal-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; ATF-APPLICATION TO FORECLOSE;CS-CONTINUED STAY;EX-EXHIBITS;FS-FEES STAYED;NOCV-NOTICE OF CODE VIOLATION;NOH- NOTICE OF HEARING; SOV-STATEMENT OF VIOLATION(S); OAF-ORDER AUTHORIZING FORECLOSURE;OOC- ORDER OF CONTINUANCE; CO - COMPLIANCE ORDER; ONC - ORDER OF NON-COMPLIANCE; OIF/L- ORDER (11111/ IMPOSING FINE/LIEN; AOC-AFFIDAVIT OF COMPLIANCE; ATF-APPLICATION TO FORECLOSE; RFR-REQUEST FOR REHEARING; RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL COMPLIANCE;ROF-REDUCTION OF FINE; AONC-AFFIDAVIT OF NON-COMPLIANCE;PDFS-PER DAY FINE SUSPENDED,AND POS-PROOF OF SERVICE. Code Enforcement Board Minutes May 28,2002 L Building Clerk Ramos administered the oath to Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist. HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF HEARINGS Vice-Chairman Lenko, seconded by Member Godek, moved in Case Nos. 02-018 and 02-019 to adopt testimony as same, and in Case Nos. 02-023 and 02-024 to adopt testimony as same. Motion carried 7-0. Case No. 02-018 - Fortunato O. & Maria E. Burtos 1609 Mona Avenue Officer Loeffler Violation Cited: 51-90(105.1) 03-25-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail 04-23-02 OOC 04-26-02 NOH Meeting Date: 05-28-02 04-26-02 POS Certified Mail Observation: Outstanding mechanical final inspection. Case No. 02-019—Cameron Brassart Complete Air Mechanical 1609 Mona Avenue Officer Loeffler Violation Cited: 51-90(105.1) 03-25-02 NOCV Re-Inspection Date: 04-09-02 04-10-02 SOV 04-10-02 NOH Meeting Date: 04-23-02 04-10-02 POS Certified Mail 04-23-02 OOC 04-26-02 NOH Meeting Date: 05-28-02 04-26-02 POS Certified Mail Observation: Outstanding mechanical final inspection. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of both Cases and stated the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Donenfeld, moved in Case Nos. 02-018 and 02- 019 to find the Respondents in violation of Section 51-90 (105.1) as of April 4, 2002, but to give until June 4, 2002, to comply or impose fine of$100.00 per day. Motion carried 7-0. Case No. 02-023—Clayton J. Colvin 140 S. Bluford Avenue Officer Loeffler Violation Cited: 115-3 04-26-02 NOCV Re-Inspection Date: 04-26-02 04-26-02 SOV 04-26-02 NOH Meeting Date: 05-28-02 04-26-02 POS Certified Mail Observation: Miscellaneous old equipment and debris related to business, stored at location visible from school and from residential dwelling in area. 2 Code Enforcement Board Minutes May 28,2002 Case No. 02-024—Pizza Plus, Inc. 140 S. Bluford Avenue Officer Loeffler Violation Cited: 115-3 04-26-02 NOCV Re-Inspection Date: 04-26-02 04-26-02 SOV 04-26-02 NOH Meeting Date: 05-28-02 04-26-02 POS Certified Mail Observation: Miscellaneous old equipment and debris related to business, stored at location visible from school and from residential dwelling in area. Code Enforcement Officer Loeffler, having been sworn, gave detailed history of both Cases, stated the Respondents are repeat violators, and the property is in compliance. Vice-Chairman Lenko, seconded by Member Chancey, moved in Case Nos. 02-023 and 02- 024 to find the Respondents in violation of Section 115-3 and to impose fine of$25.00 per day effective April 25, 2002, thru May 27, 2002. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Chancey, moved in Case Nos. 02-023 and 02- 024 to enter an order imposing fine and lien of$25.00 per day effective April 25, 2002. Motion carried 7-0. Case No. 02-026- Gerald R. & Christine R. Blake 905 Maureen Avenue Officer Loeffler Violation Cited: 115-3;108-35 04-05-02 NOCV Re-Inspection Date: 05-01-02 05-02-02 SOV 05-02-02 NOH Meeting Date: 05-28-02 05-02-02 POS Certified Mail 05-02-02 POS Regular Mail 05-02-02 POS Posting Observation: Old automotive parts and batteries littering property, former in ground fish pond full of unsanitary water in back yard. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and stated the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Donenfeld, moved in Case No. 02-026 to order the City of Ocoee to secure the property and fishpond located at 905 Maureen Avenue. Motion carried 7-0. Member Chancey, seconded by Vice-Chairman Lenko, moved in Case No. 02-026 to find the Respondent in violation of Section115-3 and 108-35 as of April 19, 2002, but to give until June 4, 2002, to comply or impose fine of$100.00 per day. Motion carried 7-0. 3 Code Enforcement Board Minutes May 28,2002 Case No. 02-027 - Kathleen Warren 6813 Woodgrain Court Officer Loeffler Violation Cited: 115-3;115-6;108-35 03-06-02 NOCV Re-Inspection Date: 05-01-02 05-02-02 SOV 05-02-02 NOH Meeting Date: 05-28-02 05-02-02 POS Certified Mail 05-02-02 POS Regular Mail 05-02-02 POS Posting Observation: Vacant house,no utilities,dilapidated fence with missing sections(s),unlocked gate all accessing,and an unsanitary in-ground pool. Miscellaneous junk and debris including old large vending soda machine,propane tanks. Structure unsecured, complainant stated children play inside and behind same. Code Enforcement Officer Loeffler, having been sworn, stated the property is in compliance. Vice-Chairman Lenko, seconded by Member Henderson, moved in Case No. 02-027 to find the Respondent in violation of Sections 115-3; 115-6; 108-35 as of March 22, 2002, but in compliance as of May 28, 2002, and no fine or penalty imposed. Motion carried 7-0. Case No. 02-028 -James D. & Consuelo Starnes 489 Kindling Court Officer Siegrist Violation Cited: 115-3;165-3;115-6 04-16-02 NOCV Re-Inspection Date: 12-11-01 05-16-02 SOV 05-16-02 NOH Meeting Date: 01-22-02 05-16-02 POS Certified Mail 05-16-02 POS Regular Mail 05-16-02 POS Hand Delivery Observation: Miscellaneous trash&debris,one Plymouth Voyager mini van,white,no tag;and one Jeep Cherokee,gold,no tag,plus dirty swimming pool water. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in non-compliance. Respondent, James D. Starnes, having been sworn, requested an extension of one week to bring his property into compliance. Vice-Chairman Lenko, seconded by Member Henderson, moved in Case No. 02-028 to find the Respondent in violation of Section 115-6 as of May 10, 2002, but in compliance as of May 15, 2002, and no fine or penalty imposed and to fine the Respondent in violation of Section 165-3 and 115-3 as of May 10, 2002, but to give until June 7, 2002, to comply or impose fine of$100.00 per day. Motion carried 7-0. Chairman Linebarier advised the Respondent that if the same violations occur at the same property location, the Respondent will be considered a repeat violator and the penalty will begin the day the violations are cited. L 4 Code Enforcement Board Minutes May 28,2002 fir Case No. 01-052- US Bank National Assn., TR C/O Equicredit Corp. of America 475 Little Rock Street Officer Loeffler Violation Cited: 108-23,108-23M(1&2), 108-23N(1&2),108-35,115-3 10-11-01 NOCV Re-Inspection Date: 10-29-01 11-01-01 SOV 11-01-01 NOH Meeting Date: 11-27-01 11-01-01 POS Certified Mail 11-27-01 CO Given until 12-12-01 or pay$100 per day 12-13-01 AONC 01-22-02 AOC 01-22-02 OIFL Total due$4,000.00 02-05-02 RFR/ROF 02-26-02 RD Total due$4,000.00 03-08-02 RFR/ROF 05-01-02 RR/ROF Observation: Junk,debris,large auto-parts,paint cans,clothing,boxes,propane tanks littering property. Structure open/unsecured. Rear exterior personnel door missing. Penetrations/holes in exterior walls. Code Enforcement Supervisor Simon, having been sworn, stated the Respondent asked her to relay the message to the Code Enforcement Board that they did not come before the board because an attorney could have to travel from Ft. Lauderdale for the Case. Discussion ensued. Vice-Chairman Lenko, seconded by Member Donenfeld, moved in Case No. 01-052 to reduce fine from $4,000.00 to $2,000.00 if paid by June 25, 2002. Motion carried 7-0. COMMENTS Code Enforcement Officer Siegrist—None Code Enforcement Officer Loeffler—None Building Clerk Ramos -None Code Enforcement Supervisor Simon—Invited everyone to the open house, Friday, May 31 from 9 a.m. to 12 p.m. at 301 North Maguire Avenue, which is the new location for Code Enforcement, Fire Inspections, and the Criminal Investigation Division of the Ocoee Police Department. Refreshments will be served. Chairman Linebarier- Said he ran for city council three times and was beat every time. Vice-Chairman Lenko—Said she hoped every one had a safe and wonderful holiday. Member Konicek—None Member Chancey-None Member Donenfeld -None Member Godek-None Member Henderson -None Administrative Assistant II Maxwell — Said she was recently elected to Mascotte City Council and she will not be at the next Code Enforcement Board Meeting due to vacation. Attorney O'Quinn -None L 5 Code Enforcement Board Minutes May 28,2002 L ADJOURNMENT Meeting adjourned at p.m. 8:28 p.m. Atte t: APPROVED: 4S elly Simo joJ4/1,(11/' forcement Supervisor ' John Linebarier, Chairman K-k rtN)c )a \LLAD-Q-CL( Brenda Maxwell,Adminis rative Assistant II F; L 6