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08-27-2002 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING AUGUST 27,2002 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:30 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 (arrived at 7:35 p.m.), Members Chancey, Donenfeld, Godek, Konicek, and Henderson. Also present were Code Enforcement Supervisor Simon, Code Enforcement Officer Loeffler, Code Enforcement Officer Siegrist, Building Clerk Ramos, Attorney Sneed, and Administrative Assistant II Maxwell. ABSENT: Member Sidles and Alternate Member Stanley,who were excused. Code Enforcement Supervisor Simon introduced Dorothy, Code Enforcement Board Member from Montverde. 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, July 23, 2002. B. Order of Continuance—(Meeting: September 24,2002) 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 Code Enforcement Board Minutes August 27,2002 FORECLOSE; CFR - COPY TO RESPONDENT; 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 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. Building Clerk Ramos administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF HEARINGS Chairman Linebarier advised the Code Enforcement Board Members that the Respondent in Case No. 02-022 is a repeat violator. Member Henderson, seconded by Vice-Chairman Lenko, moved to rehear Case Nos. 02-022, and 02-019 for reduction of fine. Vice-Chairman Lenko, seconded by Member Konicek, moved to hear Case Nos. 02-019 and 02-022 as the next items on the Agenda. Motion carried 7-0. Case No. 02-022—Joseph J. Marra 50 E. Silver Star Road Officer Loeffler Violation Cited: 108-19 A,C,D;108-419 F(1)(c)(d);108-35 04-10-02 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 04-17-02 POS Regular Mail 04-23-02 OWL x250.00 per day for 14 days (RV) 04-29-02 thru 04-22-02,Total due$3,500.00 Observation: Person(s)occupying dwelling without electric and water utilities,required for minimum housing code during occupancy. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case and stated the respondent is requesting a reduction of fine and lien. Respondent, Joseph J. Marra, having been sworn, stated he evicted the tenants by physically having them removed. He was not aware that there was a lien on the property until a realtor notified him. Member Henderson, seconded by Member Donenfeld, moved in Case No. 02-022 to reduce the fine from $3,500.00 to $250.00 and remove the lien if paid in full by September 10, 2002. Motion carried 7-0. L 2 Code Enforcement Board Minutes August 27,2002 L Case No.02-019—Cameron Brassart do 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 Meeting Date: 05-28-02 05-28-02 CO Given until 06-04-02 or pay$100.00 per day 06-25-02 OWL $100.00 per day,effective 06-05-02 08-21-02 AOC Total due$7,700.00 Observation: Outstanding mechanical final inspection. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case, and stated the respondent tried to correct the violation but was unable to do so because the Respondent did not have access to the house and air conditioning unit. Respondent, Cameron Brassart, having been sworn, stated he could not get access to the property to get the final inspection. Member Henderson, seconded by Vice-Chairman Lenko, moved in Case No. 02-019, to reduce the fine to $0 and satisfy the lien. Motion carried 7-0. thor Recess 8:20 p.m. -8:33 p.m. Case No. 02-034—Allen L. Beverly,Jr. 1404 Samantha Street Officer Siegrist Violation Cited: 108-12 D;108-19 I;108-20 B;108-23 D;SPC 606-3.4.1 05-21-02 NOCV Re-Inspection Date: 06-25-02 06-28-02 SOV 06-28-02 NOH Meeting Date: 07-23-02 06-28-02 POS Certified Mail 07-23-02 OOC Meeting Date: 08-27-02 07-25-02 SOV 07-25-02 NOH Meeting Date: 08-27-02 07-25-02 POS Certified Mail 07-25-02 POS Regular Mail 08-26-02 POS Post Code Enforcement Officer Siegrist, having been sworn, gave a detailed history of the Case and stated the property is in non-compliance. Vice-Chairman Lenko, seconded by Member Henderson, moved in Case No. 02-034 to find the Respondent in violation of Sections 108-12 D, 108-19 I, 108-20 B, 108-13 D, and SPC 606.3.4.1 as of June 21, 2002, but in compliance of Sections 108-23 D and SPC 606.3.4.1 as of June 25, 2002, and no fine imposed but to give until September 3, 2002 to comply with Sections 108-12 D, 108-19 I, and 108-20 B or impose fine of$100.00 per day. Motion carried 7-0. 3 Code Enforcement Board Minutes August 27,2002 L Chairman Linebarier advised the Code Enforcement Board members that the Respondents are repeat violators. Case No. 02-041 —Ignacio & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation Cited: 165-3 07-18-02 NOCV Re-Inspection Date: 07-17-02 07-18-02 SOV 07-18-02 NOH Meeting Date: 08-27-02 07-19-02 POS Certified Mail Observation: Junk/inoperable blue van with no tag in yard at location. Code Enforcement Officer Loeffler, having been sworn, presented exhibits and stated the property is in non-compliance. Member Chancey, seconded by Member Godek, moved in Case No. 02-041 to find the Respondents in violation of Section 165-3 as a repeat violator as of July 17, 2002, and to impose fine of $25 per day. Motion carried 5-2 with Linebarier and Lenko voting no. Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 02-041 to enter an order imposing fine and lien effective July 17, 2002. Motion carried 7-0. Case No. 02-043 -Leonard Merle,Jr.,& Stacy Deanna Zeigler 615 N. Lakewood Avenue Officer Siegrist Violation Cited: 51-13;51-90(105.1) 07-05-02 NOCV Re-Inspection Date: 07-18-02 07-25-02 SOV 07-25-02 NOH Meeting Date: 08-27-02 07-25-02 POS Certified Mail 08-16-02 POS Posting Observation: One room addition without permit. Also miscellaneous yard waster,trash, debris,tree limbs, branches, etc. in front yard. Final inspection needed on permit#0005826. Code Enforcement Officer Siegrist, having been sworn, presented exhibits, 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. 02-043 to find the Respondents in violation of Sections 51-13 and 51-90 (105.1) as of July 15, 2002, but to give until September 6, 2002, to comply or impose fine of$100.00 per day. Motion carried 7- 0. Case No. 02-044-Magic Mortgage of Central FL.,Inc. do Randall Freeman 151 W. Silver Star Road Supervisor Simon Violation Cited: 119-2;119-4 A 07-20--02 NOCV Re-Inspection Date: 08-02-02 08-22-02 SOV 08-22-02 NOH Meeting Date: 08-27-02 4 Code Enforcement Board Minutes August 27,2002 08-22-02 POS Hand Delivery Observation: Did not renew Occupational License for fiscal year 2001-2002 Code Enforcement Supervisor Simon, having been sworn, presented exhibits, gave a detailed history of the Case and stated the property is in compliance. Member Chancey, seconded by Member Konicek, moved in Case No. 02-044 to find the Respondent in violation of Section119-2 and 119-4 A as of July 1, 2002, but in compliance as of July 22, 2002, and no fine imposed. Motion carried 7-0. Case No. 02-046—Clayton J. Colvin 140 S. Bluford Avenue Officer Loeffler Violation Cited: 115-3 08-20-02 NOCV Re-Inspection Date: 08-26-02 08-20-02 SOV 08-20-02 NOH Meeting Date: 08-27-02 08-20-02 POS Certified Mail 08-20-02 POS Hand Delivery Observation:Miscellaneous junk and debris stored along side and behind store,visible from school and street. Code Enforcement Officer Loeffler,having been sworn, stated the City of Ocoee is asking for a continuance in Case No. 02-046. Vice-Chairman Lenko, seconded by Member Konicek, moved to continue Case No. 02-046 until the September 24, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee. Motion carried 7-0. Case No. 02-045-Pizza Plus,Inc. do Chas Warner 140 S. Bluford Avenue Officer Loeffler Violation Cited: 115-3 08-20-02 NOCV Re-Inspection Date: 08-15-02 08-20-02 SOV 08-20-02 NOH Meeting Date: 08-27-02 08-20-02 POS Certified Mail 08-22-02 POS Hand Delivery Observation: Miscellaneous junk and debris stored along side and behind store,visible from school and street. Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of the Case, stated the Respondent is a repeat violator and the property is in non- compliance. Vice-Chairman Lenko, seconded by Member Godek, moved in Case No. 02-045 to find the Respondent in violation of Section 115-3 as a repeat violator as of August 15, 2002 but in compliance as of August 26, 2002, and to impose fine of$100.00 per day from August 15, 2002 through August 25, 2002. Motion carried 5-2 with Henderson and Donenfeld voting no. Case No. 02-033 -Fernando & Anna Barajas Low 1000 Aldane Court Officer Siegrist Violation Cited: 115-3 5 Code Enforcement Board Minutes August 27,2002 06-07-02 NOCV Re-Inspection Date: 06-25-02 06-28-02 SOV 06-28-02 NOH Meeting Date: 07-23-02 06-28-02 POS Certified Mail 07-23-02 CO Given until 08-13-02 or pay$25.00 per day Observation: Large dead tree in backyard. Code Enforcement Officer Loeffler, having been sworn, stated the property is in non- compliance. Vice-Chairman Lenko, seconded by Member Chancey, moved in Case No. 02-033 to enter an order imposing fine and lien effective August 14, 2002. Motion carried 7-0. Case No.02-035 -KLB LLC 11241 W. Colonial Drive Officer Siegrist Violation Cited: 115-5 04-08-02 NOCV Re-Inspection Date: 06-24-02 06-28-02 SOV 06-28-02 NOH Meeting Date: 07-23-02 06-28-202 POS Certified Mail 07-23-02 CO Given until 07-30-02 or pay$250.00 per day. Observation: Retention pond weeds over 10 inches. Code Enforcement Officer Siegrist, having been sworn, stated the property is in non- compliance. kir Vice-Chairman Lenko, seconded by Member Konicek, moved in Case No. 02-035 to enter an order imposing fine and lien effective July 31, 2002. Motion carried 7-0. Chairman Linebarier stated that Case Nos. 02-038 and 02-040 are in compliance, no action required. COMMENTS Attorney Sneed -None Code Enforcement Officer Siegrist-None Code Enforcement Officer Loeffler—None Building Clerk Ramos -None Code Enforcement Supervisor Simon—None Chairman Linebarier-Asked the board members to bring their City of Ocoee Code Book to the City Clerk Department for an update. He also thanked Vice-Chairman Lenko for sitting in as chairman last month and asked her to sit in for him in September also. ,,. Vice-Chairman Lenko — Asked for an update on Colony Plaza. Code Enforcement 6 Code Enforcement Board Minutes August 27,2002 Lor Supervisor Simon stated that a mechanical contractor has been hired to clean the water damage in the north tower but that will not be enough to reopen the building. Ms. Lenko stated the new Wal-Mart is beautiful. Member Chancey -None Member Donenfeld — Said he would not be at the September Code Enforcement Board Meeting because he will be in Europe. Member Godek-None Member Henderson—None Member Konicek- Thanked Building Clerk Ramos for helping Mr. Marra this evening. Administrative Assistant II Maxwell - Said the Office of the City Clerk will be ordering shirts for all board members and shirt sizes are needed to process the order. ADJOURNMENT L Meeting adjourned at 9:43 p.m. Attest: I APPROVED: n �cc 0 1 ' / .. Shelly Simon,Coe forcement Supervisor John Linebari r, Chairman flOi\CC1b Brenda Maxwell,Adm istrative Assistant II L 7