10-22-2002 Minutes L
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
OCTOBER 22, 2002
CALL TO ORDER
Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to
order at 7:32 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
declared present.
PRESENT: Chairman Linebarier, Members Chancey, Donenfeld, Godek, Konicek, and
Skiles. Also present were Community Development Director Wagner, Building
Official Washington, Chief Plans Examiner Wieland, Code Enforcement
Officers Loeffler, Siegrist, and Simon, Permitting Clerk Ramos, Attorney
Sneed, and Administrative Assistant III Maxwell.
ABSENT: Vice-Chairman Lenko, Member Henderson and Alternate Member Stanley,who
were excused.
CONSENT AGENDA
4111111111, 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,
September 24, 2002.
B. Order of Continuance—(Meeting: November 26, 2002)
C. Order of Dismissal
Case Number Respondent Location of Violation
02-047 Melissa M. Burnett 1235 Russell Drive
Member Konicek, seconded by Member Skiles, moved to approve the Consent Agenda as
presented. Motion carried 6-0.
COMMENTS FROM CITIZENS
Community Development Director Wagner introduced himself and announced that as of
October 1, 2002, the Building Department and the Planning Department were combined into
one department now called the Community Development Department. He said the re-
organization of the departments will improve coordination and communication and will
expedite development reviews and will help maintain the development that has already been
approved.
Code Enforcement Board Minutes
October 22,2002
Mr. Wagner thanked the board members for serving their community in this capacity.
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
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 Simon.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARINGS
Member Konicek, seconded by Member Skiles, moved to hear Case Nos. 02-059, 02-062, 02-
041, 02-030, 01-054, 01-025, and 02-058 as the next items on the Agenda. Motion carried 6-
0.
Case No. 02-058—Kissimmee Entertainment, Inc.
1259 Russell Drive Officer Simon
Violation Cited: 51-13 Permit Required
08-01-02 NOCV Re-Inspection Date: 10-04-02
10-11-02 SOV
10-11-02 NOH Meeting Date: 10-22-02
10-11-02 POS Certified Mail
Observation:Re-pipe plumbing with a city permit.
Code Enforcement Officer Simon, having been sworn, presented exhibits, gave a brief
history of the Case and stated the Case should be dismissed.
Plans Examiner Wieland, having been sworn stated he inspected the location but did not
Lir
notice re-piping being performed at the location.
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Code Enforcement Board Minutes
October 22,2002
Building Official Washington, having been sworn, stated he saw piping, piping equipment,
and holes in the walls inside the property.
Member Skiles, seconded by Member Konicek, moved to dismiss Case No. 02-058 at the
request of the City of Ocoee. Motion carried 6-0.
Case No. 02-059- Pak Mail and Pat Mann
1746 Silver Star Road Officer Simon
Violation Cited: 51-13 Permit Required
06-26-02 NOCV Re-Inspection Date: 10-04-02
10-11-02 SOV
10-11-02 NOH Meeting Date: 10-22-02
10-11-02 POS Certified Mail
Observation: Erected advertising sign for Pak Mail w/o city permit.
Code Enforcement Officer Simon, having been sworn, presented exhibits, gave a detailed
history of the Case and stated the property is in non-compliance.
Respondent, Pat Mann, having been sworn, stated the company that made the sign told her
they pulled a permit for the sign but she has since found out that was not the truth. Ms. Mann
further stated she is working with another sign company to resolve this issue.
Community Development Director Wagner stated there will possibly be more cases like
this one in the future. In the past sign permits were approved by the Building Department but
at the same time the signs were in violation of the Land Development Code and this is one of
the reasons the Building Department and the Planning Department have come together under
the Community Development Department.
Member Chancey, seconded by Member Konicek, moved in Case No. 02-059 to find the
Respondent in violation of Section 51-13 as of July 7, 2002, but to give until November 12,
2002, to comply or impose fine and lien of$50.00 per day. Motion carried 6-0.
Case No. 02-062 -Doroteo & Victoria Hernandez
213 S. Kissimmee Avenue Officer Loeffler
Violation Cited: 108-22
09-05-02 NOCV Re-Inspection Date: 10-09-02
10-15-02 SOV
10-15-02 NOH Meeting Date: 10-22-02
10-15-02 POS Certified Mail
10-15-02 POS Hand Delivery
Observation: Wood patio deck porch was rebuilt/repaired and place over portions of main electric service. Electric service to house is lying
on roof,routed along wall and blocked covered by porch/patio.
Code Enforcement Officer Loeffler, having been sworn, presented exhibits, gave a detailed
history of the Case and stated the property is in non-compliance.
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Code Enforcement Board Minutes
October 22,2002
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Respondent, Doroteo Hernandez, having been sworn, stated he called an electrical contractor
to do the job but the contractor never followed through with the work so he contacted a second
electrical contractor who has not started the work as of yet.
Member Konicek, seconded by Member Donenfeld, moved in Case No. 02-062 to find the
Respondents in violation of Section 108-22 as of October 9, 2002, but to give until November
5, 2002, to comply or impose fine and lien of$50.00 per day. Motion carried 6-0.
Member Skiles, seconded by Member Godek, moved to re-hear Case Nos. 01-025, 01-054,
02-030, and 02-041 for reduction offine and lien. Motion carried 6-0.
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
08-27-02 OWL As of 07-17-02 or pay$25.00 per day
Observation: Junk/inoperable blue van with no tag in yard at location.
Case No. 02-030-Ignacio& Bertha Ibarra
75 Sand Dollar Key Drive Officer Loeffler
Violation Cited: 115-5
06-05-02 NOCV Re-Inspection Date: 06-05-02
06-05-02 SOV
06-05-02 NOH Meeting Date: 06-25-02
06-05-02 POS Certified Mail
06-25-02 AOC
06-25-02 OWL Total Due$1050.00,$50.00 fine 06-04-02/06-25-02
Observation: Overgrown grass/weeds
Case No. 01-054-Ignacio & Bertha Ibarra
75 Sand Dollar Key Drive Officer Loeffler
Violation Cited: 165-3
09-13-01 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 12-04-01 or pay$100.00 per day
12-05-01 AONC
01-22-02 OWL
05-22-02 AOC Total Due$14,700.00
Observation: One junk in-operable,white van with no tag and unattached wheel.
Case No. 01-025-Ignacio & Bertha Ibarra
75 Sand Dollar Key Drive Officer Loeffler
Violation Cited: Overgrown grass,weeds front side and rear yards.
07-03-01 NOCV Re-Inspection Date: 07-02-01
07-03-01 SOV
07-03-01 NOH Meeting Date: 07-24-01
07-03-01 POS Certified Mail
07-24-01 OWL Certified
of$10.00 per day,07-02-01 to 07-31-01,$110.00
Observation: Overgrown grass,weeds front side and rear yards.
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Code Enforcement Board Minutes
October 22,2002
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Code Enforcement Officer Loeffler,having been sworn, gave a detailed history of the Cases
and stated the property is in compliance.
Respondents, Ignacio & Bertha Ibarra, having been sworn, stated they thought the letters
from the city were about the grass and weeds so they continued to throw the letters in the
garbage without reading them.
Recess 8:45 p.m. -8:55 p.m.
Member Godek, seconded by Member Donenfeld, moved in Case Nos. 01-025, 01-054, 02-
030, 02-041 to reduce the fine in all cases to $1,000.00 ifpaid by November 25, 2002, but if
not paid by November 25, 2002, the fine reverts back to the original fine of$18,260.00.
Motion carried 5-1 with Skiles voting no.
Case No. 02-052—Denise A. Carr
826 Satin Leaf Circle Officer Siegrist
Violation Cited: 165-3
10-09-02 NOCV Re-Inspection Date: 10-07-02
10-09-02 SOV
10-09-02 NOH Meeting Date: 10-22-02
10-10-02 POS Certified Mail
10-10-02 POS Posting
tklior Observation: One International Truck,white FL tag#GL172D,exp.December 2000,parked in front driveway.
Code Enforcement Officer Siegrist,having been sworn,presented exhibits,and stated the
Respondent is a repeat violator and the property is in non-compliance.
Member Chancey, seconded by Member%nicek, moved in Case No. 02-052 to impose fine
of$150.00 per day as of October 7, 2002. Motion carried 6-0.
Member Chancey, seconded by Member Konicek, moved in Case No. 02-052 to impose fine
and lien of$150.00 per day as of October 7, 2002. Motion carried 6-0.
Case No. 02-053—Jorge& Martha Torres
1007 Jamela Avenue Officer Simon
Violation Cited: 51-90,105.1 Inspections
07-11-02 NOCV Re-Inspection Date: 10-04-02
10-11-02 SOV
10-11-02 NOH Meeting Date: 10-22-02
10-11-02 POS Certified Mail
Observation: Outstanding final inspection on laundry/heater room.
Code Enforcement Officer Simon, having been sworn, stated the City of Ocoee is asking for
a continuance in Case No. 02-053 until the November 26, 2002, Code Enforcement Board
Meeting.
Low
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Code Enforcement Board Minutes
October 22,2002
Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-053 until the
November 26, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee.
Motion carried 6-0.
Case No. 02-054- Silver Crossing Center
1746 Silver Star Road Officer Simon
Violation Cited: 51-13 Permit Required
06-26-02 NOCV Re-Inspection Date: 10-04-02
10-11-02 SOV
10-11-02 NOH Meeting Date: 10-22-02
10-11-02 POS Certified Mail
Observation: Erected advertising sign for Pak Mail w/o city permit
Code Enforcement Officer Simon, having been sworn, stated the City of Ocoee is asking for
a continuance in Case No. 02-054 until the November 26, 2002, Code Enforcement Board
Meeting.
Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-054 until the
November 26, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee.
Motion carried 6-0.
Case No. 02-057-David Deshaw
140 Sage Crest Drive Officer Simon
Violation Cited: 51-13 Permit Required
08-01-02 NOCV Re-Inspection Date: 10-04-02
10-11-02 SOV
10-11-02 NOH Meeting Date: 10-22-02
10-11-02 POS Certified Mail
Observation: Built screen enclosure without a city permit
Code Enforcement Officer Simon, having been sworn, stated the City of Ocoee is asking for
a continuance in Case No. 02-057 until the November 26, 2002, Code Enforcement Board
Meeting.
Member Konicek, seconded by Member Skiles, moved to continue Case No. 02-057 until the
November 26, 2002, Code Enforcement Board Meeting at the request of the City of Ocoee.
Motion carried 6-0.
Case No. 02-061 —Arthur E. Jr. & Suzanne D. Moseley
2459 Greywall Avenue Officer Loeffler
Violation Cited 115-3;108-23 P
09-10-02 NOCV Re-Inspection Date: 10-01-02
10-15-02 SOV
10-15-02 NOH Meeting Date: 10-22-02
10-15-02 POS Certified Mail
10-15-02 POS Hand Delivery
Observation: Wood siding and window trim/frames replaced,left unprotected with paint Miscellaneous wood and debris from repair left in front
of garage area.
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Code Enforcement Board Minutes
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Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case
and stated the property is in compliance.
Member Godek, seconded by Member Skiles, moved in Case No. 02-061 to find the
Respondents in violation of Section 115-3 and 108-23 P as of September 25, 2002, but in
compliance as of October 22, 2002 and no fine or penalty imposed. Motion carried 6-0.
Case No. 02-063-Gilbert R. McCoy
375 Enterprise Street Officer Loeffler
Violation Cited: 108-35;115-3;115-5
08-27-02 NOCV Re-Inspection Date: 09-27-02
10-10-02 SOV
10-10-02 NOH Meeting Date: 10-22-02
10-10-02 POS Certified Mail
Observation: Stacks of old tires,miscellaneous junk and debris. Overgrown/tall weeds/brass. Old tires,complainants advising health safety
concerns with unattended tires at location.
Code Enforcement Officer Loeffler, having been sworn, stated the City of Ocoee is
requesting a continuance in Case No. 02-063 until the November 26, 2002, Code Enforcement
Board Meeting.
Member Konicek, seconded by Member Donenfeld, moved to continue Case No. 02-063 until
kir the November 26, 2002 Code Enforcement Board Meeting at the request of the City of Ocoee.
Motion carried 6-0.
Chairman Linebarier stated that Case No. 02-050 is in compliance, no action required.
COMMENTS
Community Development Director Wagner - Said he was very impressed as to how the
Code Enforcement Board conducts business and he looks forwards to working with this board
in the future.
Building Official Washington-None
Attorney Sneed - Said Attorney Feeney may be at the November Code Enforcement Board
Meeting.
Code Enforcement Officer Siegrist-None
Code Enforcement Officer Loeffler—None
Code Enforcement Officer Simon-None
Permitting Clerk Ramos -None
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Code Enforcement Board Minutes
October 22,2002
Chairman Linebarier- Said thank you to Administrative Assistant III Maxwell for the board
shirts.
Member Chancey - Said he would like an update on the Colony Plaza. Code Enforcement
Officer Loeffler stated fines are still accruing and no permit has been pulled to begin any
renovations.
Member Donenfeld- Said he just got back from London,Paris, and Rome.
Member Godek-None
Member Konicek-None
Member Skiles -None
Administrative Assistant III Maxwell-None
ADJOURNMENT
Meeting adjourned at 9:35 p.m.
Attest: APPROVED:
0)1 '
Brenda Maxwell,A ministrative Assistant III `John Linebarier,Chairman
cry
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