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01-25-2000 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING January 25, 2000 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:31 p.m. in the Commission Chambers of City Hall. Alternate Member Solomon led the invocation and the Pledge of Allegiance. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Holmes and Konicek, and Alternate Members Godek and Solomon. Also present were Attorney Tom Feeney, Code Enforcement Supervisor Shelly Simon, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S. Harris, and Administrative Secretary Marisa Dawson. ABSENT: Members Ellison and Skiles (both excused). APPROVAL OF MINUTES OF NOVEMBER 23, 1999, MEETING Vice Chairman Lenko, seconded by Member Konicek, moved to approve the Minutes of the November 23, 1999, Code Enforcement Board meeting 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: NOCV-NOTICE OF CODE VIOLATION;NOH-NOTICE OF HEARING;SOV-STATEMENT OF VIOLATION(S);OOC-ORDER OF CONTINUANCE;AND POS-PROOF OF SERVICE. Vice Chairman Lenko, seconded by Member Godek, moved that Cases 99-160, 99-170, 00- 001 and 00-011 be dismissed at the request of the City. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Chancey, moved that Cases 99-152 be heard first and 99-151 be heard second. Motion carried 7-0. Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Case 99-152, Clara R. Auric Life Estate, REM; Cathy Jo Piroth, and Charlene McCrea, 330 Spring Bluff Court Officer Siegrist Violation cited: 115-5 A, B & C; 115-6 08-10-99 - NOCV Re-inspection Date: 09-30-99 10-07-99 - SOV 10-07-99 NOH Meeting Date: 10-26-99 Code Enforcement Minutes January 25, 2000 L, 10-07-99 - POS Mail Z 057 388 056 10-26-99 - Comp. Order Comply with 115-6 by 11-2-99 or $250 per day fine 11-09-99 - Aff. Of Non-Compliance Reinspection on 11-09-99 11-23-99 - Order Imposing Fine & Lien $250 per day as of 11-2-99 12-09-99 - Aff. Of Compliance Complied 12-7-99 ($8,500 fine accrued) Observation: Grass over ten inches in the backyard and side yard. Dirty swimming pool water. Chairman Linebarier gave a brief summary of the history of the case. Clara Amic, the respondent, having been sworn, stated that they have pumped out the pool twice and that it is now empty. She stated she did not receive any notice since they were sent to Charlene McCrea and she did not recognize the signatures on the proof. She was advised that it is up to her to maintain a correct address with the County Tax Collector's office. Celeste Howell, the respondent's daughter, having been sworn, stated that she lives with her mother. She stated that they pumped the pool out twice and that they were not aware that the fines were accruing. She stated that Ms. McCrea's son, David Runco, lives with Ms.McCrea, and it appeared that he signed on the proof. A discussion ensued. Vice-Chairman Lenko, seconded by Member Chancey, moved to consider reducing the fine in Case 99-152. Motion carried 7-0. L, Member Chancey, seconded by Vice Chairman Lenko, moved to reduce the fine from $8,500 to $1,000. After a brief discussion, Chairman Linebarier moved to amend the original motion to reduce the fine imposed from $8,500 to $500 if paid by 2-5-00 or have the fine revert back to $8,500. The amended motion died for lack of a second. Chairman Linebarier, seconded by Member Holmes, moved to amend the original motion to reduce the fine imposed from $8,500 to $500 if paid by March 1, 2000 or have the fine revert back to $8,500. The amended motion carried 7-0. The original motion as amended carried 7-0. Case 99-151, Thomas G. Zosel, 180 N. Cumberland Avenue Officer Siegrist Violation cited: 108-19 A, F (lc) ; 108-21 A & B; 108-22; 108-23 D, E (1 & 2) ; M (1 & 2) ; Q; R (2) ; T; U; V; and NEC 370-25 09-16-99 - NOCV Re-inspection Date: 09-28-99 10-07-99 - SOV 10-07-99 - NOH Meeting Date: 10-26-99 10-07-99 - POS Mail Z 057 388 055 10-26-99 - Comp. Order Comply by 12-7-99 or $200 per day fine 12-20-99 - Aff. Of Compliance Complied 12-15-99 ($1,400 fine accrued) Observation: House in substandard condition with electrical system; not to NEC Code per Eddie Hendrix, Chief Electrical Inspector. 2 Code Enforcement Minutes January 25, 2000 Officer Siegrist gave a brief history of the case. He stated that there has been continual progress made on the property. Thomas Zosel, the respondent, having been sworn, stated that they have been working on the house but they kept running into more problems on the home as they worked on it. They completed everything a week after the extension ran out. A discussion ensued. Member Holmes, seconded by Member Godek, moved to consider reducing the fine in Case 99-151. Motion carried 7-0. Vice-Chairman Lenko, seconded by Member Konicek, moved to reduce the fine from $1,400 to $400. After a brief discussion, Member Godek, seconded by Member Holmes, moved to amend the original motion to reduce the fine imposed from $1,400 to $200. The amended motion carried 4-3, with Members Godek, Holmes, Konicek and Solomon voting in favor, and Chairman Linebarier, Vice- Chairman Lenko and Member Chancey voting against. The original motion as amended carried 4-3, with Members Godek, Holmes, Konicek and Solomon voting in favor, and Chairman Linebarier, Vice-Chairman Lenko and Member Chancey voting against. Member Holmes, seconded by Member Konicek, moved that Case 00-002 be taken out of order and heard next . Motion carried 7-0. Case 00-002, Edwin & Deborah Colon, 2011 Shari Lynn Terrace Officer Loeffler Violation cited: 108-19 D, F(lb) , I; 108-20 B; 108-23 E(2) , R(2) ; 606.3.4.1; 108-12 D 12-13-99 - NOCV Re-inspection Date: 01-07-00 01-07-00 - SOV 01-07-00 - NOH Meeting Date: 1-25-00 01-07-00 - POS Mail Z 333 613 784 Observation: Did not schedule a re-inspection to verify correction of violations from the conducted Minimum Housing Standards inspection. Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the property is not in compliance. Edwin & Deborah Colon, the respondents, having been sworn, stated that the property is in compliance except for the bathroom ventilation, which they cannot afford to correct. They stated that they recently purchased the home, and it passed inspection with the private inspector that they hired. A discussion ensued. Vice-Chairman Lenko, moved to find the respondents in Case 00-002 in violation as cited as of December 23, 1999, and give the respondents until February 15, 2000 to comply or be fined 3 Code Enforcement Minutes January 25, 2000 (ow $100 per day. Motion failed for lack of a second. Member Holmes, seconded by Member Chancey, moved to find the respondents in Case 00- 002 in violation as cited as of December 23, 1999, and give the respondents until February 25, 2000 to comply or be fined$100 per day. Motion carried 7-0. Recess from 8:35 p.m. to 8:48 p.m. Case 99-164, David P. & Deborah J. Rose, 1102 Ursula Street Officer Loeffler Violation cited: 108-19 I; 108-22; 108-23 Q, R(2) ; 108-24 D; 51-21 A, B, C & D; 606.3.4.1; NEC 110-12 A; 108-12 D 11-08-99 - NOCV Re-inspection Date: 11-23-99 12-09-99 - SOV 12-09-99 - NOH Meeting Date: 1-25-00 12-09-99 - POS Mail Z 333 613 767 (Incorrectly Signed) 12-20-99 - POS Mail Z 333 613 782 01-06-00 - POS Posted Observation: Did not schedule a re-inspection to verify correction of Minimum Housing violations. Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the property is not in compliance. He is having a difficult time locating the property owner and a tenant is living there now. A lengthy discussion ensued. Vice-Chairman Lenko, seconded by Member Chancey, moved to find the respondents in Case 99-164 in violation as cited as of November 18, 1999, and give the respondents until February 4, 2000 to comply or be fined $100 per day per violation ($1,200 total per day). Motion carried 7-0. Chairman Linebarier requested that the notice be hand-delivered to the property. Mayor Vandergrift advised the Board that they could draft a resolution requesting the City to notify the Board of Realtors, closing agents and home inspectors of the minimum housing code once a year. Chairman Linebarier requested Attorney Feeney to draft a resolution to the Board of Realtors regarding minimum housing code inspections. Case 99-165, Isaias & Susan Martinez, 205 Franklin Street Officer Loeffler Violation cited: 165-3 10-25-99 - NOCV Re-inspection Date: 11-24-99 12-09-99 - SOV 12-09-99 - NOH Meeting Date: 1-25-00 12-09-99 - POS Mail Z 333 613 769 Observation: One wrecked, blue Toyota two-door with expired tag #PBN-34I. Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the 4 Code Enforcement Minutes January 25, 2000 (aw property is now in compliance. Member Chancey, seconded by Member Holmes, moved to find the respondents in Case 99- 165 in violation as cited as of November 24, 1999, but in compliance as of December 10, 1999, and no fine or penalty be imposed. Motion carried 7-0. Case 99-166, Isaias & Susan Martinez, 205 Franklin Street Officer Loeffler Violation cited: 115-3; 115-5; 108-22; 108-23 D, M (1 & 2) ; 0; Q 10-25-99 - NOCV Re-inspection Date: 11-24-99 12-09-99 - SOV 12-09-99 - NOH Meeting Date: 1-25-00 12-09-99 - POS Mail Z 333 613 770 Observation: Miscellaneous junk debris trash(auto parts, tires, batteries, old john- boats, two without trailer, stack of cement blocks, covered stacked items on east side of house, old appliance, etc.) . Overgrown weeds and grass. Dilapidated, rotted and collapsing accessory structure attached to east side of house with collapsing roof and supports. Missing front exterior door and rotted east-side exterior door. Missing, damaged and un-sealed exterior siding, front and east side of house. Missing window screens. Wiring not to code; front entrance with missing door has split zip-cord with light bulb socket suspended below and romex wiring without exterior weather/water- tight conduit leading from east side exterior wall to non-exterior electrical blower- fan motor. Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the property is in partial compliance, but that it is still in violation of 115-3, 108-23 Q and 108-23 M (1 & 2). Vice-Chairman Lenko, seconded by Member Godek, moved to find the respondents in Case 99-166 in violation of 115-5, 108-22, 108-23 D and 108-23 0 as cited as of November 24, 1999, but in compliance as of December 10, 1999, and no fine or penalty be imposed, but to find the respondents in violation of 115-3, 108-23 Q and 108-23 M (1 & 2) as cited as of November 24, 1999, but in compliance as of December 10, 1999, and give the respondents until February 1, 2000 to comply or be fined$100 per day. Motion carried 7-0. Case 99-167, John D. & Kimberly Farmer, III, 715 Stinnett Drive Officer Loeffler Violation cited: 108-23 Q; 165-3; SBCCI 606.3.4.1; 108-12 ID 09-20-99 - NOCV Re-inspection Date: 11-24-99 12-09-99 - SOV 12-09-99 - NOH Meeting Date: 1-25-00 12-09-99 - POS Mail Z 333 613 772 Observation: Did not schedule a re-inspection to verify corrections of violations from Minimum Housing Standards Inspection. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Member Holmes, seconded by Member Godek, moved to find the respondents in Case 99-167 in violation as cites as of September 30, 1999, and give the properly owners until February 1, 5 Code Enforcement Minutes January 25, 2000 2000 to comply or be fined $100.00 per day. Motion carried 6-0 (Member Chancey was out of the room). Case 99-172, Cleo Flener & Josephine Radziminski Flener Officer Loeffler 88 Buck Key Court Violation cited: 115-3 11-15-99 - NOCV Re-inspection Date: 12-01-99 12-10-99 - SOV 12-10-99 - NOH Meeting Date: 1-25-00 12-10-99 - POS Mail Z 333 613 777 Observation: Miscellaneous junk/debris, auto debris, buckets and auto repair equipment littering yard/drive. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Member Holmes, seconded by Member Godek, moved to find the respondents in Case 99-172 in violation as cited as of November 30, 1999, but in compliance as of December 20, 1999, and no fine or penalty be imposed. Motion carried 7-0. Case 99-176, Leonard M. & Samantha L. Ziegler, 615 N. Lakewood Ave. Officer Siegrist Violation cited: 165-3A 11-30-99 - NOCV Re-inspection Date: 12-16-99 12-20-99 SOV 12-20-99 NOH Meeting Date: 1-25-00 12-20-99 - POS Mail Z 333 613 781 Observation: One Chevy truck (gray) - no hood or engine, no tag, backed in front of driveway. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case. Vice-Chairman Lenko, seconded by Member Solomon, moved to find the respondents in Case 99-176 in violation as cited as of December 15, 1999, but in compliance as of December 28, 1999, and no fine or penalty be imposed. Motion carried 7-0. Case 99-177, Sam Zalloum Tr., 59 Periwinkle Key Drive Officer Siegrist Violation cited: 115-5 11-30-99 - NOCV Re-inspection Date: 12-16-99 12-20-99 - SOV 12-20-99 - NOH Meeting Date: 1-25-00 12-20-99 - POS Mail Z 333 613 780 01-04-00 - POS Post Observation: Weeds/grass over 10 inches. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case. Vice-Chairman Lenko, seconded by Member Solomon, moved to find the respondent in Case 6 Code Enforcement Minutes January25, 2000 99-177 in violation as cited as of December 15, 1999, but in compliance as of January 11, 2000, and no fine or penalty be imposed. Motion carried 7-0. Case 00-008, Philomena Jordan, 1514 Lady Avenue Officer Loeffler Violation cited: 108-19 D; 108-23 E(2) ; 108-12 D 12-14-99 - NOCV Re-inspection Date: 01-04-00 01-07-00 - SOV 01-07-00 - NOH Meeting Date: 1-25-00 01-07-00 - POS Mail Z 333 613 793 01-13-00 - POS Post Observation: Did not schedule a re-inspection to verify correction of the Minimum Housing inspection. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Member Chancey, seconded by Member Konicek, moved to find the respondent in Case 00- 008 in violation as cited as of December 24, 1999, but in compliance as of January 25, 2000, and no fine or penalty be imposed. Motion carried 7-0. Recess from 9:50 p.m. to 10:00 p.m. Case 00-010, Juan Ayala & Junior Ayala, 410 Little Spring Hill Dr. Officer Loeffler Violation cited: 108-20 B; 108-22; 108-23 M(2) , 0; 108-24 ID; NEC 110-12 A; NEC 370-25; 108-12 D 12-14-99 - NOCV Re inspection Date: 01-04-00 01-10-00 SOV 01-10-00 - NOH Meeting Date: 1-25-00 01-10-00 - POS Mail Z 333 613 796 (Juan Ayala) 01-10-00 - POS Mail Z 333 613 797 (Junior Ayala) 01-13-00 - POS Hand Delivery Observation: Did not schedule a re-inspection to verify correction of the Minimum Housing inspection. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Vice-Chairman Lenko, seconded by Member Godek, moved to find the respondents in Case 00-010 in violation as cited as of December 24, 1999, and give the property owners until February 1, 2000 to comply or be fined$100.00 per day. Motion carried 7-0. Case 00-012, Lorenzo Landa, 808 Wurst Road Officer Loeffler Violation cited: 108-23 Q; 108-35 11-30-99 - NOCV Re-inspection Date: 01-04-00 01-10-00 - SOV 01-10-00 - NOH Meeting Date: 1-25-00 01-10-00 - POS Mail Z 333 613 800 01-13-00 - POS Hand Delivery Observation: Two dilapidated, rotted accessory structures with mattresses, strong urine odor, personal effects/toiletries, exposed wiring. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. 7 Code Enforcement Minutes January 25, 2000 C Vice-Chairman Lenko, seconded by Member Holmes, moved to find the respondent in Case 00-012 in violation as cited as on December 30, 1999, and give the respondent until February 1, 2000 to comply or be fined$250.00 per violation per day. Motion carried 7-0. Case 99-111, Mahendra N. Samaroo, 688 Veronica Circle Officer Loeffler Violation cited: 108-35 05-05-99 - NOCV Re-inspection Date: 06-07-99 06-08-99 - SOV 06-08-99 - NOH Meeting Date: 6-22-99 06-08-99 - POS Posted by E. Loeffler 06-22-99 - Exhibit A (Photo) 06-22-99 - Comp. Order Comply by 7-9-99 or $250 per day fine 08-24-99 - Aff. Of Compliance Complied 8-23-99 08-24-99 - Order Imposing Fine & Lien $11,000 total amount due 01-07-00 - Application to Foreclose O.I.F.L. due for $11,000 Observation: Partially erected structure (walls/foundation) . Walls do not have lintel/tie beams. Vice-Chairman Lenko, seconded by Member Godek, moved to approve the application to foreclose on the $11,000 lien on the subject property. Motion carried 7-0. Case 99-143, Christopher A. and Elena Wagner, 1103Caballero Road Officer Loeffler Violation cited: 108-22; 108-23 E(2) ; 108-24 D; NEC 370-25; 108-12 D 09-10-99 - NOCV Re-inspection Date: 09-23-99 09-24-99 - SOV 09-24-99 - NOH Meeting Date: 10-26-99 09-24-99 - POS Mail Z 057 388 046 10-26-99 - OOC Meeting Date: 11-23-99 11-15-99 - POS Hand delivery by OCPD Sgt. Combs 11-18-99 - POS Hand delivery by OCPD Ofc. Fisher on 11-16-99 11-23-99 - Compliance Order $150.00 per day as of 12-07-99 12-10-99 - Affidavit Of Non-Compliance Observation: Did not schedule a re-inspection to verify correction for Minimum Housing Standards compliance. Member Holmes, seconded by Member Godek, moved in Case 99-143 to impose a fine and lien of$150.00 per day for the violations as cited as of December 8, 1999. Motion carried 7- 0. OTHER BUSINESS Member Holmes asked about Case 99-142 and was advised that the fine and lien were imposed. COMMENTS: Vice-Chairman Lenko asked about fines paid on Cases 99-037 and 99-109. L 8 Code Enforcement Minutes January 25, 2000 Member Holmes wished everyone a belated Happy New Year. No other comments from the Board or Staff. Meeting adjourned at 10:20 p.m. Attest: APPROVED: d"C2/2,4C1 ea, " - ��0: n H , S'ng Clerk / John H. Linebarier, Chairman snutA.Lea_ ha-' 4-mac Marisa Dawson, Administrative Secretary L 9