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03-28-2000 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING March 28, 2000 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:33 p.m. in the Commission Chambers of City Hall. Member Konicek led the invocation and the Pledge of Allegiance. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Holmes, and Konicek and Alternate Member Solomon. Also present were Attorney Mary Sneed, Code Enforcement Supervisor Shelly Simon, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S. Harris, and Administrative Secretary Brenda Maxwell ABSENT: Members Chancey, Ellison, Skiles, and Godek APPROVAL OF MINUTES OF FEBRUARY 22, 2000 MEETING Member Konicek, seconded by Member Solomon, moved to approve the Minutes of the February 22, 2000, Code Enforcement Board meeting as corrected. Motion carried 5-0. 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 Holmes, moved that Case 00-016 be continued until the April 25, 2000 meeting. Motion carried 5-0. Vice Chairman Lenko, seconded by Member Holmes, moved that cases 00-019, 00-022, 0- 023, and 00-024 to be moved the top of the agenda. Motion carried 5-0 Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Case 00-019, Kimberly Smith, 902 Perce Street Officer Loeffler Violation cited: 115-3; 165-3 02-16-00 - NOCV Re-inspection Date: 03-03-00 03-06-00 - SOV 03-06-00 - NOH Meeting Date: 03-28-00 03-06-00 - POS Mail Z 333 613 819 03-22-00 - POS Hand Delivery Observation: Inoperable, tagless, red Dodge with flat tires; miscellaneous junk; auto Code Enforcement Minutes March 28, 2000 parts; wood debris; trash. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. A brief discussion ensued. Kimberly Smith, after having been sworn, stated that her brother signed the title to the vehicle over to her daughter but the tag agency would not allow her daughter to get a tag for the vehicle without a title transfer. A lengthy discussion ensued. Member Holmes, seconded by Alternate Member Solomon, moved to find the respondents in Case 00-019 in violation of Section 165-3 as cited as of March 3, 2000, and the respondents have until April 11, 2000 to comply or be fined $50.00 per day. Vice Chairman Lenko, seconded by Member Holmes, moved to amend the amount of the fine to $100.00 a day Amended motion carried 5-0 and original motion as amended carried 5-0. Member Holmes, seconded by Alternate Member Solomon, moved to find the respondents in Case 00-019 in violation of Section 115-3 as cited as of March 3, 2000 but in compliance as of March 28, 2000, and no penalty be imposed. Motion carried 5-0. Case 00-022, Charlene M. McCrea & David A. Runco, 1213 Freedom Court Officer Loeffler Violation cited: 115-3;165-3 01-25-00 - NOCV Re inspection Date: 03-14-00 03-15-00 SOV 03-15-00 - NOH Meeting Date: 03-28-00 03-15-00 - POS Mail Z 333 613 827 03-15-00 - POS Mail Z 333 613 828 03-15-00 - POS Post Observation: Miscellaneous junk/debris; equipment littering yard; one inoperable and untagged, blue Chevrolet truck. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case and presented photos. Prior to the expiration of the notice of code violation dated February 9, 2000, property owner McCrea requested an extension, which was granted until March 8, 2000. The property owner is in violation of Section 165-3 as of March 28, 2000 but in compliance of Section 115-3 as of March 28, 2000. A brief discussion ensued. Charlene M. McCrea, after having been sworn, stated that AAA towed the car away today, March 28, 2000. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the respondents in Case 00-022, in violation of Section 115-3 as of March 8, 2000 but in compliance as of March 28, 2000, to be found in violation of Section 165-3 as of March 8, 2000 and is ordered to comply by April 4, 2000 or forfeit$100.00 a day. Motion carried 5-0. L 2 Code Enforcement Minutes March 28, 2000 Case 00-023, Dennis M. Dolinsky & Betty A. Dolinsky, 1400 Wurst Road Officer Loeffler Violation cited: 115-3; 115-5 02-29-00 - NOCV Re-inspection Date: 03-16-00 03-17-00 - SOV 03-17-00 - NOH Meeting Date: 03-28-00 03-28-00 - POS Mail Z 333 613 830 03-17-00 - POS Post Observation: Miscellaneous junk/debris; and excessive weed/grass growth. Code Enforcement Officer Loeffler, having been sworn, gave a brief update to the history of the case. He stated that as of March 23, 2000, the property is in compliance of Sections 115-3 and 115-5. Mr. Dolinsky, having been sworn, stated that the trash along the fence that did not belong to him. He would be putting the junk/debris to the curb during the week of "clean-up". He further stated that he would like clarification of "junk/debris". Member Holmes, seconded by Alternate Member Solomon, moved to find the respondents in Case 00-023, in violation of Sections 115-3 and 115-5 as of March 15, 2000 but found to be in compliance as of March 23, 2000, no penalty or fine imposed. Motion carried 5-0. Case 00-024, Aletha W. Blackmon, 5119 Timber Ridge Trail, Officer Loeffler Violation cited: 165-3 02-29-00 - NOCV Re-inspection Date: 03-16-00 03-17-00 SOV 03-17-00 - NOH Meeting Date: 3-28-00 03-17-00 - POS Mail Z 333 613 829 03-17-00 - POS Mail (Regular-Marvin Blackmon) 03-17-00 - POS Post Observation: Red Nissan, two-door with an expired tag. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case and presented pictures. He stated during re-inspection on March 16, 2000 which resulted in the discovery of the following observations; the red Nissan had been relocated to the back yard where it joined a brown vehicle, with an expired tag; a silver mini van with an expired tag was now located in the front drive. He stated the property is in non-compliance as of March 16, 2000. He further stated that on March 17, 2000 the property owner contacted the Building Department and said the violation had been corrected. Officer Loeffler re-re-inspected the property and determined it is still in violation as of March 28, 2000 Mr. Blackmon, having been sworn, stated that he has been out of work and has been unable to tag and insure the vehicles. He is now back to work and the "Nissan" is in compliance. He has asked for a grace period to get rid of the other vehicles. Discussion ensued. Member Lenko, seconded by Member Holmes, moved to find the respondent in Case 00-024 in violation of Section 165-3 as of March 15, 2000 and the respondent is ordered to comply by April 11, 2000 or forfeit$100.00 a day. Motion carried 5-0. 3 Code Enforcement Minutes March 28, 2000 Case 00-014, Billy D. Hollers, 1702 Ison Lane, Officer Siegrist Violation Cited: 108-12D; 108-19 I; 108-23 0; LDC 54-3 A (1) & D 01-06-00 NOCV Re-Inspection Date: 01-18-00 02-04-00 SOV 02-04-00 NOH Meeting Date: 02-22-00 02-04-00 POS Mail (Z 333 163 809) 02-22-00 OOC 02-25-00 SOV 02-25-00 NOH Meeting Date: 03-28-00 02-25-00 POS Post Observation: Did not schedule a re-inspection for the Minimum Housing Standards inspection. Officer Siegrist, having been sworn, gave a brief history of the above Case. He stated that as of March 20, 2000, the property was in compliance. Member Holmes, seconded by Vice-Chairman Lenko, moved to find respondent in Case 00-014 in violation of Sections 108-12D, 108-19 I, 108-23 0, LDC 54-3 A (1) & D as of January 16, 2000 but in compliance as of March 20, 2000, no penalty or fine be imposed. Motion carried 5-0. Case 00-017, Hector Alvelo & Iris Y. Alvelo, 1709 Leslie Ann Lane, Officer Loeffler Violation Cited: 165-3 02-07-00 NOCV Re-Inspection Date: 02-23-00 02-25-00 SOV 02-25-00 NOH Meeting Date: 03-28-00 02-25-00 POS Mail (Z 333 613 817) Observation: Wrecked, disassembled, untagged Nissan four door. Officer Loeffler, having been sworn, gave a brief history of the above Case. He stated that as of March 28, 2000, the property is in full compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to find respondents in Case 00-017, in violation of Section 165-3, as of February 22, 2000, but in compliance as of March 28, 2000, and no penalty be imposed. Motion carried 5-0. Case 00-018, Carl D. Russell & Maude E. Russell, 902 Perce Street, Officer Loeffler Violation Cited: 115-3; 165-3 02-16-00 NOCV Re-Inspection Date: 02-03-00 03-06-00 SOV 03-06-00 NOH Meeting Date: 03-28-00 03-06-00 POS Mail (Z 333 613 819) Observation: Inoperable, tagless, red Dodge with flat tires/ miscellaneous junk; auto parts; wood debris; trash. Vice-Chairman Lenko, seconded by Member Holmes, moved to adopt testimony from Case 00-019. Motion carried 5-0. Officer Loeffler, having been sworn, stated that he has had no contact with the property owners but they did sign the proof of service. Officer Loeffler stated that the tenant has been in contact with the property owners and they are urging her to correct the violations. Discussion ensued. 4 Code Enforcement Minutes March 28, 2000 (0, Vice-Chairman Lenko, seconded by Member Konicek, moved to find the respondents in Case 00-018, in violation of Section 115-3 as of March 2, 2000 but in compliance as of March 28, 2000, no penalty be imposed, and to be found in violation of Section 165-3 as of March 2, 2000 and the respondent has until April 11, 2000 to comply or forfeit $100.00 a day. Motion carried 5-0. Case 00-025, Joseph J. Allegretti & Fred J. Allegretti, 123 Clowson Court, Officer Loeffler Violation Cited: 165-3 *Repeat Violation* 03-17-00 NOCV Re-Inspection Date: 03-16-00 03-17-00 SOV 03-17-00 NOH Meeting Date: 03-28-00 03-17-00 POS Mail (Z 333 613 825) 03-17-00 POS Post Observation: One, red Chrysler two-door with no tag. One, blue Honda with no tag. Officer Loeffler, having been sworn, gave a brief history of the above case. He stated that this is a repeat violation of Case 99-141. As of March 27, 2000, the property is in compliance. Discussion ensued. Vice-Chairman Lenko, seconded by Member Holmes, moved to find the respondents in Case 00-025, Section 165-3, as repeat violators as of March 16, 2000 but in compliance as of March 27, 2000, imposing a fine of$200.00 per day (11 days@$200.00=$2200.00). Motion carried 5-0. OTHER BUSINESS Chairman Linebarrier stated that in Case 99-166, the respondents had until November 9, 1999 to comply or forfeit $100.00 a day. The property was re-inspected on February 4, 2000, non-compliance and re-inspected on February 22, 2000, non-compliance as to Section 115-3. The property was in compliance as of March 21, 2000. Officer Loeffler stated that the respondents worked hard to get the property into compliance. Discussion ensued. Vice-Chairman Lenko, seconded by Member Holmes, moved to find the respondents in violation of Case 99-166, to enter an order of fine and lien effective February 2, 2000. Motion failed 5-0. A lengthy discussion ensued. Alternate Member Solomon, seconded by Member Konicek, moved to find the respondents in Case 99-166, in compliance as of March 21, 2000, and no fine imposed. Motion carried 3-2 with Holmes and Lenko voting no. Building Clerk Harris stated that the adopted Minutes from February, 2000 that Case 99-166 would be continued until April 25, 2000. Is this a typo in the Minutes? Chairman Linebarier asked Administrative Secretary Maxwell to review the February 22, 2000 Minutes as to the compliance date set for Case 99-166. L 5 Code Enforcement Minutes March 28, 2000 Chairman Linebarier stated that Case 00-002 is in compliance. Chairman Linebarier stated that Case 00-010 is in compliance as of March 23, 2000. There is a 22 day violation for the non-compliance of NEC 110-12A @ $100.00 per day. Vice-Chairman Lenko, moved to find Case 00-010 in compliance, to enter an order imposing a fine and lien as of February 2, 2000. Motion dies due to lack of second. Alternate Member Solomon, seconded by Vice-Chairman Lenko, moved find the respondents in Case 00-010 in compliance as of February 23, 2000 but imposing a fine and lien of$500.00 Motion carried 5-0. Chairman Linebarier stated that Case 00-012, an order •osing a fine and lien, the corrected fine due is $21,500. Alternate Member Solomon, seconded by Member Holmes, mowd to accept the corrected fine and lien amount of$21, 500.00 in Case 00-012. Motion carried '-0. Chairman Linebarier stated that Case 00-015 has an affida it of non-compliance. The respondent was given until March 7, 2000 to comply or forfeit $150.00 per day. Chairman Linebarier asked Officer Loeffler if the affid.vit of non-compliance was applicable to all items cited. Officer Loeffler stated that he has had no further contact with the respondents. Vice-Chairman Lenko, seconded by Member Konicek, moved in ase 00-015, to impose a fine and lien as of March 8, 2000 of$150.00 a day. Motion carried '-0. COMMENTS: Attorney Mary Sneed stated that it was a pleasure to meet the Bo.rd. Code Enforcement Supervisor Simon - None Officer Loeffler - None Officer Siegrist - None Alternate Solomon - Thanked the City of Ocoee for his shirt. Member Konicek - None Vice Chairman Lenko - Asked Mrs. Simon if the dates to the se inar are June 22, 23, & 24. Mrs. Simon stated that the agenda is still being worked on. We .i e looking for budget money. 6 Code Enforcement Minutes March 28, 2000 Member Holmes - Asked how the volunteer dinner was. Code Enforcement Supervisor Simon stated that it was very good for those who did not attend. Chairman Linebarier - Stated that the barbecue served at the volunteer dinner was much better than the barbecue served at the restaurant. Vice Chairman Lenko - Stated that she is still waiting for a fish fry and she has been waiting for six years. • Meeting adjourned at 9:50 p.m. Attest: APPROVED: tbiHarri ' ' krk Jman tAvata 003tUi Brenda Maxwell, Administr ive Secretary L 7