Loading...
04-25-2000 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING APRIL 25, 2000 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 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, Members Chancey, Holmes, Konicek, and Alternate Member Solomon. Also present were Attorney Michael O'Quinn, Code Enforcement Supervisor Shelly Simon, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S. Harris, and Administrative Secretary Brenda Maxwell ABSENT: Vice-Chairman Lenko, Members Ellison, Skiles, and Godek who were excused. APPROVAL OF MINUTES OF FEBRUARY 22, AND MARCH 28. 2000 MEETINGS Clerks Note: Building Clerk Harris noted an error in the approved February 22, 2000 Minutes regarding Case 99-166, showing continuance date of April 25, 2000. The date has been corrected to reflect the correct date of March 25, 2000. Alternate Member Solomon, seconded by Member Konicek, moved to approve the Minutes of February 22, 2000 as corrected and March 28, 2000, Code Enforcement Board meeting as presented. 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. Member Konicek, seconded by Member Chancey, moved that Cases 00-037 and 00-049 be continued until the May 23, 2000 meeting at the request of the City. Motion carriedl5-0. (Code Enforcement Supervisor Simon stated that the continuance was due to non proof of service received back from the U.S. Postal Service.) Member Konicek, seconded by Member Holmes, moved that Cases 00-026, 00-032, 00-034, 00-035, 00-048, 00-050, and 00-051 to be moved the top of the Agenda. Motion carried 5-0. Code Enforcement Minutes April 25, 2000 Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Case 00-026 - Linda M. McSwain, 2126 Richfield Cove Drive Officer Loeffler Violation cited: 165-3 03-03-00 - NOCV Re-inspection Date: 03-20-00 03-21-00 - SOV 03-21-00 - NOH Meeting Date: 04-25-00 03-21-00 - POS Mail Z 333 613 833 Observation: Inoperable, tagless, blue Chevrolet Chevette. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case, presented pictures, and reported that, as of today, April 25, 2000, the property is in compliance. Respondent, Linda M. McSwain, was sworn in. Chairman Linebarier advised the respondent, Linda McSwain, that the Case has been settled due to compliance but she was found in violation as of March 18, 2000. He advised her that should there be a re-occurrence, she could be found in violation from the first day cited and fined from that day on. Member Holmes, seconded by Member Konicek, moved to find the respondent in Case 00-026 in violation of Section 165-3 as cited as of March 18, 2000, but in compliance as of today, April 25, 2000, and that no fine or penalty be imposed. Motion carried 5-0. Case 00-032 - Russell R. Grandgeorge & Patricia A. Grandgeorge, 801 Silver Star Road Officer Loeffler Violation cited: 51-21 A,B,C,D; 119-2; 165-3; LDC 5-17 E; LDC 6-4 (H) (5) (a) 03-16-00 - NOCV Re-inspection Date: 04-03-00 04-03-00 - SOV 04-03-00 - NOH Meeting Date: 04-25-00 04-03-00 - POS Mail Z 333 613 847 & Regular Mail-Russell R. Grandgeorge 04-03-00 - POS Mail Z 333 613 848 & Regular Mail-Patricia A. Grandgeorge Observation: Stockade fence constructed without permit; operating a business without an occupational license "One and Only Detailing"; more than one commercial vehicle stored on property; untagged or inoperable vehicles on property (white Chrysler and dark colored two door) ; employees parking personal vehicles on property. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and reported that, as of today, April 25, 2000, the property is in full compliance. Russell R. Grandgeorge, having been sworn, stated that he did not conduct any business at his home, all business that was conducted was at the customers address. Chairman Linebarier asked the respondent if his property was in the city limits. The respondent stated that when he went to fill out all of the paperwork at the city, a lady told him he was not in the City of Ocoee. 2 Code Enforcement Minutes April 25, 2000 Code Enforcement Supervisor Simon stated that research was done by herself and a Building Official and the lot was determined to be in the City of Ocoee. Mrs. Simon further stated that Mr. Grandgeorge does have neighboring lots that are in the county but his lot is in the city. Chairman Linebarier asked the respondent if he paid city taxes. The respondent stated that he has only resided in the city for 6 months. He further stated that he obtained an Orange County Occupational License which he thought is where he lived. Chairman Linebarier advised the respondent that he was in full compliance at this time but if there is a violation at a later date he will be will deemed a "second time violator" on the day cited. Chairman Linebarier thanked Mr. Grandgeorge for complying with the City Codes to keep the neighborhood up. Member Chancey, seconded by Member Holmes, moved to find the respondents in Case 00- 032, in violation of Section 119-2; 165-3; LDC 5-17 E; LDC 6-4 (H)(5)(a) as of March 26, 2000 but in compliance as of April 25, 2000,and no penalty assessed. Motion carried 5-0. Case 00-034 - Admiral Pointe Homeowners Assoc. Inc., 1113 Coastal Circle Officer Loeffler Violation cited: 115-3 03-13-00 - NOCV Re-inspection Date: 04-04-00 04-05-00 - SOV 04-05-00 - NOH Meeting Date: 04-25-00 04-05-00 - POS Mail Z 333 613 850 & Regular Mail-Admiral Pointe 04-05-00 - POS Mail Z 333 613 851 & Regular Mail-Sentry Management 04-05-00 - POS Mail - Regular Mail - Rottlund Homes Observation: Trash, litter, junk, debris littering canal way, retention pond and boat-ramp area including old fabric construction barriers. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case, presented pictures, and reported that as of today's date the property is in full compliance. Ray Hudson, 7485 Conroy Windermere Road, Suite 5, Orlando, FL 32835, was sworn in. Chairman Linebarier advised the respondent that the property is in compliance as of today but will be found in violation as of March 23, 2000. He further advised the respondent that should there be a re-occurrence, the respondent (Homeowners Association) shall be cited as a second offender, and any penalty could begin as of that date. Chairman Linebarier asked Officer Loeffler if the same situation applied to Case 00-035. Officer Loeffler stated that it did. Mr. Hudson stated that this was construction debris and asked if it was customary to fine the Homeowners Association not the builder. Chairman Linebarier stated that the Homeowners Association was the responsible party because they own the land and it is up to them to contact the builder. Chairman Linebarier further stated that if the construction people are seen L, disposing of debris they can also be cited. 3 Code Enforcement Minutes April 25, 2000 Code Enforcement Supervisor Simon stated that dumping of construction material is a violation of State Statutes and ranges from misdemeanors to felonies depending on how much is dumped. The Police Department is to be contacted for illegal dumping. Ms. Simon stated that if the dumping is not seen then the land owner is responsible. Member Chancey, seconded by Alternate Member Solomon, moved to find the respondents in Case 00-034 in violation of Sections 115-3 of March 23, 2000 but in compliance as of April 25, 2000, with no penalty imposed. Motion carried 5-0. Case 00-035 - Admiral Pointe Homeowners Association, Inc. 1067 Coastal Circle Officer Loeffler Violation cited: 115-3 03-13-00 - NOCV Re-inspection Date: 04-04-00 04-05-00 - SOV 04-05-00 - NOH Meeting Date: 4-25-00 04-05-00 - POS Mail Z 333 613 852 & Regular Mail-Admiral Pointe 04-05-00 - POS Mail Z 333 613 853 & Regular Mail-Sentry Management 04-05-00 - POS Mail Regular Mail-Rottlund Homes Observation: Trash, litter, debris littering retention pond, lake front areas of Tract B area at 1067 Coastal Circle area. Chairman Linebarier stated that the testimony of Officer Loeffler was the same for Case 00- 034 as for Case 00-035. Member Chancey, seconded by Alternate Member Solomon, moved to find the respondent in Case 00-035, in violation of Section 115-3 as of March 23, 2000 but in compliance as of April 25, 2000, with no penalty imposed. Motion carried 5-0. Case 00-048 - Ismael Collazo & Hortencia Collazo, 1000 Belsay Road Officer Siegrist Violation Cited: 108-12D; 108-19 D; 108-23 N (1) R (2) ; NEC 110-12A; NEC 370-25 03-27-00 NOCV Re-Inspection Date: 04-10-00 04-12-00 SOV 04-12-00 NOH Meeting Date: 04-25-00 04-12-00 POS Mail (Z 333 163 859)& Regular Mail-Collazo 04-12-00 POS Regular Mail-Cathcart Observation: Did not schedule a Minimum Housing Standards re-inspection. Officer Siegrist, having been sworn, gave a brief history of the above Case and reported that as of April 25, 2000, the property is still in violation. Mr. Collazo, 840 S. Grand Highway, Clermont, having been sworn, stated that he had made a deal with the renters to make the repairs but the work was never done. He further stated that he told the renters that he would make the repairs but the renters do not want him to go into the house. Chairman Linebarier advised the respondent that he should have made more demands on the tenants to get the repairs done. He further advised the respondent to make a strong effort to get the repairs done and to call for a re-inspection. 4 Code Enforcement Minutes April 25, 2000 (sr Member Holmes, seconded by Alternate Member Solomon, moved to find respondent in Case 00-048 in violation of Sections 108-12D, 108-19 D, 108-23 N(1) R (2); NEC 110-12A; NEC 370-25 as of April 6, 2000, as cited but to give the respondent until May 9, 2000, to comply or forfeit $150.00 a day. Motion carried 5-0. Member Konicek, seconded by Member Holmes, moved to hear combined testimony regarding Cases 00-050 and 00-051. Motion carried 5-0. Case 00-050 - Maguire Apartment Venture Inc., 2415 Treasure Landing Parkway Officer Loeffler Violation Cited: LDC Art. VIII 8-6 A (1) ; 51-21 04-06-00 NOCV Re-Inspection Date: 04-12-00 04-14-00 SOV 04-14-00 NOH Meeting Date: 04-25-00 04-14-00 POS Mail (Z 333 613 691)& Regular Mail-Maguire 04-14-00 POS Regular Mail-Scott Clark 04-14-00 POS Regular Mail-Robert Ferdinand 04-14-00 POS Regular Mail-James Ferdinand 04-14-00 POS POST Observation: Un-permitted/temporary banner signs and small spike-sign against City Ordinance. Displayed beyond two (2) week grand opening period. Officer Loeffler, having been sworn, gave a brief history of the Case, presented pictures, and reported that as of April 25, 2000, the property is still in violation. Dr. Bob Ferdinand, 12202 Park Avenue, Windermere, having been sworn, stated that he is one of the owners of the Key Isle apartments. He further stated they had applied for a sign permit (received today). The permit was approved by the Building Department then went to the Planning Department where it has been revised three (3) times. The sign is granite and has cast brass letters. The sign could not be made without final approval from the City. Dr. Ferdinand said they did not know they were in violation until they were notified. He further stated that signage was needed for the safety of the residents and deliveries. The respondent stated that it will take at least thirty (30) days for the signs to be made and mounted. He said they would like to leave the signs, which identify Key Isle Homes. Lee Lang, 2415 Treasure Landing Parkway, having been sworn, stated that all of the site signs are gone. She said her concern is for the safety of the residents. The vinyl sign is permanent and is secured, which is more pleasing to the eye than a wooden sign. Code Enforcement Supervisor Simon stated that she would like to see the banner come down if the sign is completed prior to the compliance date. Dr. Ferdinand stated that the new sign will be hung exactly where the banner sign now hangs. Corp, 5 Code Enforcement Minutes April 25, 2000 Member Chancey, seconded by Alternate Member Solomon, moved to find respondents in Case 00- 050, in violation of Section LDC Art. VIII 8-6 A (1); 51-21, as of April 11, 2000, but to give them until May 30,2000 to comply or forfeit $100.00 a day and the temporary banner must be removed as soon as the permanent sign is in place. Motion carried 5-0. Case 00-051 - Key Isle Apartment Homes, 2415 Treasure Landing Parkway Officer Loeffler Violation Cited: LDC Art. VIII 8-6 A (1) ; 51-21 04-06-00 NOCV Re-Inspection Date: 04-12-00 04-14-00 SOV 04-14-00 NOH Meeting Date: 04-25-00 04-14-00 POS Mail (Z 203 423 302)& Regular Mail-Key Isle 04-14-00 POS Mail-Regular Mail-Zom Companies Observation: Un-permitted/temporary banner signs and small spike-signs against City Ordinance. Displayed beyond two (2) week grand opening period. Member Holmes, seconded by Member Konicek, moved to adopt testimony and motion from Case 00- 050. Motion carried 5-0. Break 8:40 p.m. - 8:52 p.m. Case 00-016 - Rafael and Maria E. Ramos, 1104 Sabrina Drive Officer Loeffler Violation Cited: 108-22 01-28-00 NOCV Re-Inspection Date: 02-22-00 02-25-00 SOV 02-25-00 NOH Meeting Date: 03-28-00 02-25-00 POS Mail (Z 333 613 816) 03-28-00 OOC 03-03-00 NOH Meeting Date: 04-25-00 03-30-00 POS Mail (Z 333 613 842) Observation: Entire electrical service upgrade required: old 60-Amp service, air conditioning not wired to code, pool equipment not grounded and not wired to code, pool not grounded, miscellaneous electrical fixtures not to code. Officer Loeffler, having been sworn, gave a brief history of the above Case and reported that as of today, April 25, 2000 the property is still in violation. Alternate Member Solomon, seconded by Member Chancey, moved to find the respondents in Case 00-016 in violation of Section 108-22 as of February 17, 2000 but to give them until May 25, 2000 to comply or forfeit$150.00 a day. Motion carried 5-0. Case 00-027 - Michael Campbell, Sr. & Tina Campbell, 6943 Cross Cut Court Officer Loeffler Violation Cited: 165-3 03-02-00 NOCV Re-Inspection Date: 03-20-00 03-22-00 SOV 03-22-00 NOH Meeting Date: 04-25-00 03-22-00 POS Mail (Z 33306130834) Observation: Isuzu four-door with expired tag. L 6 Code Enforcement Minutes April 25, 2000 Officer Loeffler, having been sworn, gave a brief history of the Case and reported that as of today, April 25, 2000, the property is in full compliance. Member Holmes, seconded by Alternate Member Solomon, moved to find the respondents in Case 00- 027 in violation of Section 165-3, as of March 17, 2000 but in compliance as of April 4, 2000, and that no fine or penalty be imposed. Motion carried 5-0. Case 00-028 - Cecelia Tschidia, 6901 Cross Cut Court Officer Loeffler Violation Cited: 165-3 03-02-00 NOCV Re-Inspection Date: 03-20-00 03-22-00 SOV 03-22-00 NOH Meeting Date: 04-25-00 03-22-00 POS Mail (Z 333 613 835) 04-06-00 POS Post Observation: Brown two-door Nissan with an expired tag (NRG B-1998) and a flat tire. Officer Loeffler, having been sworn, gave a brief history of the Case and noted that the Statement of Violation and Notice of Hearing was returned unsigned with a message from the Post Master that the delivery and signature were refused. Member Chancey, seconded by Alternate Member Solomon, moved to find the respondents in Case 00-028, in violation of Section 165-3, as of March 17, 2000 but to give them until May 2, 2000 to comply or forfeit$50.00 a day. Irktby Member Holmes moved to amend the fine to $100.00 a day. (Motion died due to lack of second.) Original Motion carried 4-1 with Member Holmes voting no. Member Konicek, seconded by Alternate Member Solomon, moved to combine the testimony of Case 00-030 and 00-031 as the same testimony. Motion carried 5-0. Cases 00-030 and 00-031 - Scotty's Inc., 10770 W. Colonial Drive Officer Loeffler Violation Cited: 51-21 A, B, C, D 02-07-00 NOH Re-Inspection Date: 03-21-00 03-29-00 SOV 03-29-00 NOH Meeting Date: 04-25-00 03-29-00 POS Mail (Z 333 613 843) & Regular Mail 03-29-00 POS Mail (Z 333 613 845) & Regular Mail/Joey Patten Observation: Two sets of automatic doors removed; openings covered over; other auto doors installed without permit. Officer Loeffler, having been sworn, gave a brief history of the Case and advised that on April 21, 2000, the Building Department approved a building permit application for renovations. He said that Scotty's would like the Board to be advised that the construction would take 1-2 weeks. Member Konicek, seconded by Member Holmes, moved to find the respondents in Case 00-030 in violation of Section 51-21 A,B,C,D, as of March 18, 2000, but to give them until May 09, 2000 to comply or forfeit $100.00 a day. Motion carried 5-0. 7 Code Enforcement Minutes April 25, 2000 L Member Konicek, seconded by Member Holmes, moved to find the respondents in Case 00-031 in violation of Section 2-51-21 A,B,C,D as of March 18, 2000, but to give them until May 9, 2000 to comply or forfeit$100.00 a day. Motion carried 5-0. Case 00-036 - Lencho Cabrales and Jesse H. Cabrales, 24 Rewis Street Officer Loeffler Violation Cited: 51-21 03-21-00 NOCV Re-Inspection Date: 04-06-00 04-06-00 SOV 04-06-00 NOH Meeting Date: 04-25-00 04-06-00 POS Mail (Z 333 613 857) & Regular Mail 04-13-00 POS Posted - April 6, 2000 Observation: Exterior electric service upgraded/replaced without permit and not-to-code; new meter box, panel, riser and weatherhead. Officer Loeffler, having been sworn, gave a brief history of the Case, presented pictures, and reported that, as of today, April 25, 2000, the property is still in violation. Code Enforcement Supervisor Simon stated that permits are not issued to homeowners, and that an electrical contractor must be hired due to the nature of the work. Member Chancey, seconded by Member Konicek, moved to find the respondents in Case 00-036 in violation of Section 51-21, as of April 5, 2000, but to give them until May 9, 2000 to comply or forfeit $100.00 a day. Motion carried 5-0. Case 00-052 - Mark E. Hutchinson & Carla F. Hutchinson, 2008 Joan Lee Court Officer Loeffler Violation Cited: 165-3; 115-3 03-23-00 NOV Re-Inspection Date: 04-12-00 04-14-00 SOV 04-14-00 NOH Meeting Date: 04-25-00 04-14-00 POS Mail (Z 203 423 303) & Regular Mail-Hutchinson Observation: Untagged tan Chevrolet van with flat tire; tan Chevrolet van up on jack-stands; gray Chevrolet van with expired tag and flat tire; miscellaneous junk, debris, trash and auto parts. Officer Loeffler, having been sworn, gave a brief history of the Case, presented pictures, and reported that as of today, April 25, 2000, the property is in full compliance. Member Holmes, seconded by Member Konicek, moved to find the respondents in Case 00-052 in violation of Section 165-3; 115-3, as of April 11, 2000 but in full compliance as of April 18, 2000, and that no penalty or fine be imposed. Motion carried 5-0. L 8 Code Enforcement Minutes April 25, 2000 Case 00-053 - Denver Harper, 64 E. Circle Key Drive Officer Siegrist Violation Cited: 108-23 O;SBCCI 606.3.4.1; 108-24 D; 108-23 L; 108-23 B; 108-23 G; 108-22 03-13-00 NOCV Re-Inspection Date: 04-14-00 04-14-00 SOV 04-14-00 HOH Meeting Date: 04-25-00 04-17-00 POS Mail (Z 203 423 304) & Regular Mail-Harper 04-17-00 POS Mail-Regular Mail-Travis Harper Observation: Trailer in sub-standard condition. Officer Siegrist, having been sworn, gave a brief history of the Case, and reported that as of today, April 25, 2000, the property is still in violation. Violations 108-23 (G), 108-24 (D) and SPCCI 606.3.4.1 were corrected, with re-inspection scheduled for April 26, 2000. Member Holmes stated that several of the Code Violations mentioned were not on the Notice Code. Building Clerk Harris stated that the Codes omissions were an error on her part. Chairman Linebarier asked what Code Violations were non-compliant at this time. Officer Siegrist stated that Violations 108-23 L; 108-23 B; 108-22 (face plate);and 108-22 (install light cover) are still in non-compliance. Member Holmes, seconded by Alternate Member Solomon, moved to find the respondents in Case 00- 053 in violation of Section 108-23 (0) (L) (B), 108-22(2 counts) as of April 12, 2000, but to give them until May 2, 2000 to comply or forfeit $150.00 a day, to find in violation of Section 108-24(D) as of April 12, 2000 but in compliance as of April 25, 2000, and that no penalty be imposed for violation of Section 108-24 (D). Motion carried 5-0. OTHER BUSINESS Cases 00-018, 00-019, 00-022, and 00-024 Chairman Linebarier stated that the above Cases are now in full compliance. Chairman Linebarier stated The Code Enforcement Packet includes liens that have been recorded. Chairman Linebarier stated that Case 00-025 was a repeat violation of Section 165-3. On March 28, 2000, the property owners were to be found in violation as of March 16, 2000, but in compliance as of March 27, 2000, with eleven (11) days for a second violation fine of $200.00 per day. The Code Enforcement Board failed to enter an order for a lien so the Board needs to go back and impose the fine and lien for that case. Member Holmes, seconded by Member Konicek, moved to impose a fine and lien in Case 00- 025 of$2,200.00. Motion carried 5-0. L 9 Code Enforcement Minutes April 25, 2000 COMMENTS: O'Quinn - None Harris - Stated there are a couple of members that were not present last meeting and who are not present at this meeting and asked if this an issue to be discussed with the other members. Chairman Linebarier stated that members can not be penalized due to work or illness and if they call in they are excused. Simon - Asked Chairman Linebarier if the board members are calling him directly when they won't be attending the meeting. Chairman Linebarier stated that some do and some call the city. Ms. Simon stated that they are calling the members to remind them of the meeting and she feels that calling is a waste of time. Member Chancey stated that what you are asking is that if a member is not going to be present at the meeting to please call and let someone know. Chairman Linebarier stated that he thought that calling the members was a good reminder, and it's very easy to forget a date. Ms. Simon stated that the meeting day is very busy and duplicating is not necessary. Building Clerk Harris stated that it is important to know if there will be a quorum so other members can be contacted. Loeffler - None Siegrist - None Solomon - Asked Ms. Harris to call him to remind him of the meetings. Konicek - None Chancey - None Holmes - Wished every one a Happy Easter. Attended a City Commission Meeting and was glad to hear that no action was taken on term limits on the City Boards and there was discussion on seeing other Boards on the Community Access Channel in the future. Chairman Linebarier - Experience is important for the boards and volunteers are hard to find. Maxwell - Please bring Code Books to City Clerk's Department for update or bring the book to the next meeting. Chairman Linebarier requested that the Clerk's office notify the absent members about the Code update. L 10 Code Enforcement Minutes April 25, 2000 L Meeting adjourned at 10:05 P.M. Attest: APPROVED: /ay i H. �� F'1� Clerk Jo H. Linebarier, Chairman CAkdka Brenda Maxwell, Administ ative Secretary L L 11