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06-27-2000 Minutes MINUTES OF THE CITY OF OCOEE rtily CODE ENFORCEMENT BOARD MEETING JUNE 27, 2000 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 of City Hall. Chairman Linebarier led the Pledge of Allegiance and Vice-Chairman Lenko led the invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members Chancey, Holmes (arrived 9:07 p.m.) and Alternate Member Godek. Also present were Attorney Thomas C. Feeney, 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 Ellison(excused), Konicek(excused), Skiles(excused), and Alternate Member Solomon(excused). GUESTS: Mayor Vandergrift 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 CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED SEPARATELY. APPROVAL OF CONSENT AGENDA; ITEMS A, B (1 & 2), & C (1 & 2) Member Chancey, seconded by Vice-Chairman Lenko, moved to adopt the Consent Agenda. Motion carried 4-0. A. Approval and Acceptance of Minutes of Code Enforcement Board Meeting of May 23, 2000. B. Dismissals 1. Case 00-073, West Orange Investments LTD., 1101 Marshall Farms Road Cease U-Haul business operation or obtain City Occupational License for same. If license not approved, cease U-Haul business operations. Remove banner/snipe signage from property. Compliance Date: June 4, 2000. 2. Case 00-074; Extra Space Management, Inc., 1101 Marshall Farms Road Cease U-Haul business operation or obtain City Occupational License for same. If license not approved, cease U-Haul business operations. Remove banner/snipe signage from property. Compliance Date: June 4, 2000. C. Order of Continuance (July 25, 2000, Meeting) 1. Case 00-077, Winifred L. Whitehead & Lora M. Whitehead, 698 S. Bluford Av Dilapidated storage building with overgrown weeds/grass surrounding same. Continuance Date: July 25,2000 2. Case 00-078, Jennifer Patterson, 698 S. Bluford Av Dilapidated storage building with overgrown/weeds surroundings same. Continuance Date: July 25,2000 Code Enforcement Board Minutes June 27, 2000 C COMMENTS FROM CITIZENS Bill Simon announced that Code Enforcement Supervisor Shelly Simon was voted in as Second Vice-President for the Florida Association of Code Enforcement. 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. Building Clerk Harris 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 Case 00-065 -Wm. Gonzalez & Dorothy N.Gonzalez,717 Broadway Drive, Officer Loeffler Violation cited: 115-6 05-03-00 - NOCV Re-inspection Date: 05-10-00 05-15-00 - SOV 05-15-00 - NOH Meeting Date: 06-27-00 05-15-00 - POS Mail (Z 203 423 326 & Regular - D. Gonzalez 05-15-00 - POS Mail (Z 203 423 327) & Regular - W. Gonzalez Observation: In-ground pool/backyard facing White Road is unclean/green, unsanitary. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and reported as of May19, 2000, the property is in full compliance. Respondent, William Gonzalez, having been sworn, stated he no longer resides at 717 Broadway Drive. He further stated he has a restraining order preventing him from going onto the property, therefore he was unable to clean the pool. Chairman Linebarier advised the respondent if another problem arises, he should contact the court to take care of the violations. Vice-Chairman Lenko, seconded by Member Chancey, moved to find the respondents in Case 00-065 in violation of Section 115-6 as of May 13, 2000, but in compliance as of May 19, 2000, and no fine or penally be imposed. Motion carried 4-0. Alternate Member Godek, seconded by Member Chancey, moved to adopt combined testimony from Cases 00-066 and 00-067. Motion carried 4-0. Case 00-066 - Rene Mestdagh & Vivian H. Mestdagh, 354 W. Story Road Officer Loeffler Violation cited: 108-33 A (11) 05-03-00 - NOCV Re-inspection Date: 08-18-00 2 Code Enforcement Board Minutes June 27, 2000 05-19-00 - SOV 05-19-00 - NOH Meeting Date: 06-27-00 05-22-00 - POS Mail Z 203 423 332 & Regular Mail-Mestdagh Observation: Use of not-to code holiday light string at same location. Case 00-067 - Camoanella's, 354 W. Story Road, Officer Loeffler Violation cited: 108-33 A (11) 05-03-00 NOCV Re-inspection Date: 05-18-00 05-19-00 SOV 05-19-00 NOH Meeting Date: 06-27-00 05-22-00 POS Mail (Z 20304230333) & Regular - Campanella's Observation: Use of not-to-code holiday light string at same location. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Cases and stated as of May 26, 2000, the property was in full compliance. Vice-Chairman Lenko, seconded by Alternate Member Godek, moved to find the respondents in Cases 00-066 and 00-067 in violation of Section 108-33 A (11) as of May 13, 2000, but in compliance as of May 26, 2000, and no fine or penalty to be imposed. Motion carried 4-0. Case 00-068 - Francis H. Sanders, 119 Sandy Key Court Officer Siegrist Violation cited: 108-12 D; 108-19 F (ib) ; 108-22; 108-23 B, I, M (1&2) , N (1) O,R, (2) , U,V; 108-24 D; SEB 606.3.4.1; NEC 110-12 05-10-00 NOCV Re-inspection Date: 06-01-00 06-05-00 - SOV 06-05-00 - NOH Meeting Date: 6-27-00 06-05-00 - POS Mail Z 203 423 333 & Regular Mail-Sanders 06-14-00 - POS Post Observation: Did not schedule a Minimum Housing Standards re-inspection. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, and stated as of today, June 27, 2000, the property is in full compliance. Member Chancey, seconded by Alternate Member Godek, moved to find the respondent in Case 00-068, in violation of Sections 108-12 D; 108-19 F (lb); 108-22; 108-23 B, I, M, (1&2), N (1), 0, R (2), U, V; 108-24 D; SBC 606.3.4.1; & NEC 110-12, as of May 20, 2000, but in full compliance as of June 27, 2000, and no fine or penalty be imposed. Motion carried 4-0. Case 00-069 - Michael A. Craig & Andrea K. Craig & Leroy Pugh, Jr. 339 Balsam Ridge Drive Officer Siegrist Violation Cited: 108-23 R (1&2) ;108-12 05-10-00 NOCV Re-Inspection Date: 06-01-00 06-05-00 SOV 06-05-00 NOH Meeting Date: 06-27-00 06-05-00 POS Mail (Z 203 423 340)& Regular Mail-Craig, Craig, & Pugh Observation: Did not schedule a Minimum Housing Standards re-inspection. 3 Code Enforcement Board Minutes June 27, 2000 L Officer Siegrist, having been sworn, gave a brief history of the Case and reported as of today, June 27, 2000, the property is in non-compliance. Vice Chairman Lenko, seconded by Alternate Member Godek, moved to find the respondent in Case 00-069 in violation of Sections 108-12 D; and108-23 R (1&2) as of May 20, 2000, and be given until July 5, 2000, to comply or forfeit$100.00 a day. Motion carried 4-0. Case 00-070 -Raymond E. Norris, 82 E. Circle Key Drive Officer Siegrist Violation Cited: 108-12 D; 108-19 D, I; 108-22; 108-23 B, G, R (2) ; 108-24 D; NEC 370-25; NEC 424-19 05-01-00 NOCV Re-Inspection Date: 05-31-00 06-05-00 SOV 06-05-00 NOH Meeting Date: 06-27-00 06-05-00 POS Mail (Z 203 423 341)& Regular Mail-Norris Observation: Schedule a re-inspection for Minimum Housing Standards compliance. Officer Siegrist, having been sworn, gave a brief history of the Case and stated as of June 20, 2000, the property is in full compliance. Vice-Chairman Lenko, seconded by Member Chancey, moved to find the respondent in Case 00-070 in violation of Sections 108-12 D; 108-19 D, I; 108-22; 108-23 B, G, R(2); 108-24D; NEC 370-25; and NEC 424-19 as of May 20, 2000, but in compliance as of June 20, 2000, and no fine or penalty be imposed. Motion carried 4-0. Case 00-071 -Eileen Salhab, 2524 Dovetail Drive Officer Loeffler Violation Cited: 51-21 08-11-99 NOCV Re-Inspection Date: 06-02-00 06-07-00 SOV 06-07-00 NOH Meeting Date: 06-27-00 06-07-00 POS Mail (Z 203 423 342) & Regular - Salhab 06-16-00 POS Post Observation: Screen patio enclosure covered-over with wood and drywall, roofed and sided with roofing shingles. Officer Loeffler, having been sworn, gave a brief history of the case and stated as of today, June 27, 2000, the property is in non-compliance. Vice Chairman Lenko, seconded by Member Chancey, moved to find the respondent in Case 00-071, in violation of Section 51-21 as of August 21,1999, and be given until July 5, 2000, to comply or forfeit $250.00 a day. Motion carried 4-0. Case 00-072 - Angel L. Hively, 484 Wurst Road Officer Siegrist Violation Cited: 108-12 D; 108-19 I; 108-22; 108-23 G, N (1) ; SPC 606.3.4.1; NEC 110-12 A; NEC 370-25; NEC 424-19 05-10-00 NOCV Re-Inspection Date: 06-06-00 4 Code Enforcement Board Minutes June 27, 2000 L, 06-07-00 SOV 06-07-00 NOH Meeting Date: 06-27-00 06-07-00 POS Mail (Z 203 423 343) & Regular - Hively 06-16-00 POS Post Observation: Failure to schedule a Minimum Housing Standards/compliance re-inspection. Officer Siegrist, having been sworn, gave a brief history of the Case and stated the property is in compliance as of June 26, 2000. Vice-Chairman Lenko, seconded by Alternate Member Godek, moved to find the respondent in Case 00-072 in violation of Sections 108-12 D; 108-19 I; 108-22; 108-23 G, N (1); SPC 606.3.4.1; NEC 110-12 A; NEC 370-25; NEC 424-19 as of May 20, 2000, but in compliance as of June 26, 2000, and no fine or penalty be imposed. Motion carried 4-0. Member Chancey, seconded by Vice-Chairman Lenko, moved to adopt combined testimony for Cases 00-075 and 00-076. Motion carried 4-0. Case 00-075 - John W. Irwin & Dorothy Y. Irwin, Irwin Family LP, 880 - A Maguire Road Officer Loeffler Violation Cited: 119-2 06-06-00 NOCV Re-Inspection Date: 06-12-00 06-12-00 SOV 06-12-00 NOH Meeting Date: 06-27-00 06-12-00 POS Mail (Z 203 423 352) & Regular Mail- Irwin 06-16-00 POS Post Observation: Jeff Smith Auto Group without an Occupational License. Case 00-076 - Jeff Smith Auto Group, 880 A Maguire Road Officer Loeffler Violation Cited: 119-2 06-06-00 NOCV Re-inspection Date: 06-12-00 06-12-00 SOV 06-12-00 NOH Meeting Date: 06-27-00 06-06-00 POS Mail (Z 203 423 351) & Regular - Smith 06-16-00 POS Post Observation: Jeff Smith Auto Group without an Occupational License. Officer Loeffler, having been sworn, gave a brief history of the Cases and stated the property was in compliance as of June 20, 2000. Member Chancey, seconded by Alternate Member Godek, moved to find the respondents in Cases 00- 075 & 00-076 in violation of Section 119-2 as of June 11, 2000, but in compliance as of June 20, 2000, and no fine or penalty be imposed. Motion carried 4-0. Recess 8:34 - 8:47 L 5 Code Enforcement Board Minutes June 27, 2000 C OTHER BUSINESS Case 96-050 - Nelson Robin Gosnell, Sr. & Helen Elizabeth Gosnell, 613 Sherwood Oaks Cir. Officer Simon 05-07-96 NOCV Re-inspection Date: 05-20-96 05-21-96 SOV 05-21-96 NOH Meeting Date: 05-28-96 05-21-96 POS Mail(P 150 535 585) 05-28-96 OOC 06-12-96 NOH Meeting Date: 06-25-96 06-12-96 POS Delivery 06-25-96 VO Art VI H 5 (B) 06-25-96 CO July 1, 1996, or$50.00 Per Day 08-27-96 OOL&F 02-28-00 AOC Complied 08-14-96 02-29-00 PIF&L Total Amount Due$2150.00 05-19-00 RFR/ROF Meeting Date: 06-27-00 Observation: Large R.V. in rear yard Chairman Linebarier asked Code Enforcement Supervisor Simon why the respondents stated they were not notified of the Code Enforcement Board Meeting, they were only notified of the Code Enforcement Board Meeting results, four (4) years later. Code Enforcement Officer Simon gave a detailed history of the Case and stated that the lien was filed in 1996. Code Enforcement Supervisor Simon further stated that Mrs. Gosnell was the only person she has been in contact with regarding this Case. A lengthy discussion ensued. Mayor Vandergrift arrived at 8:52 p.m. Vice-Chairman Lenko, seconded by Alternate Member Godek, moved to re-hear Case 96-050 for the August 22, 2000, Code Enforcement Board Meeting. Motion carried 4-0. Chairman Linebarier noted that Cases 00-016, 00-050, 00-051, 00-054, 00-056, and 00-063 were dismissed by the City of Ocoee due to compliance. Chairman Linebarier asked if Case 99-143; fine and penalty had been paid by the compliance date of June 2, 2000. Code Enforcement Supervisor Simon stated the fine had been paid by the compliance date of June 2, 2000, and the lien had been released.(Case from May 2000, Code Enforcement Board Meeting.) Code Enforcement Supervisor Simon stated that the Ocoee City Commission has requested a work shop with the Code Enforcement Board on July 25, 2000, at 8:30 p.m. Chairman Linebarier and Vice-Chairman Lenko have requested an Agenda to do research prior to the workshop. Vice-Chairman Lenko, seconded by Member Chancey, moved to request an Agenda two weeks prior to the workshop of July 25, 2000. Motion carried 4-0. 6 Code Enforcement Board Minutes June 27, 2000 Vice-Chairman Lenko asked Code Enforcement Supervisor Simon to notify the Code Enforcement Board Members requesting their attendance at the workshop July 25, 2000. Member Holmes arrived at 9:07 p.m. ELECTIONS Alternate Member Godek, seconded by Member Chancey, moved to retain the current Chairman (John Linebarier) and Vice-Chairman (Denise Lenko) for the next term. Motion carried 5-0. COMMENTS Chairman Linebarier stated that Mayor Vandergrift is the primary "pusher" with Utilities to reserve Ocoee's water resources. He further stated that he finds it difficult not to water his lawn and plants when the city is watering the ball fields, and other businesses are watering during the day with broken sprinkler heads watering the streets. He stated that if the city is going to ask our citizens to conserve, the city and businesses should also comply. Mayor Vandergrift stated the city's water reduction rate was 10% since the utilization of the water conservation program. He further stated the "Powr Program" is being internalized utilizing Janet Shira, Jeanne Washington, and Pat Cornell. He said the city should have a consumer advocate to prevent water waste. He also suggested requesting St. John's River Water Management District to develop a grant for water conservation. Vice-Chairman Lenko stated that the city has an ordinance that allows the Police Dept. to write a ticket for violating the water restrictions. She further suggested that the Police Dept. needs to crack down on violators. Chairman Linebarier stated that raising water rates only hurt the little people. Discussion ensued. Building Clerk Harris - None Attorney Feeney - He stopped by the Code Enforcement State Wide Meeting and enjoyed it. Code Enforcement Supervisor Simon -Said Mr. Feeney gave a good speech regarding Code Enforcement. Code Officer Loeffler - None Code Officer Siegrist - Wish everyone a safe and happy holiday. Vice-Chairman Lenko - Remind everyone that financial disclosure forms are due July 1, 2000. Would like to develop a new member training program and have one member of the board to head the program. Chairman Linebarier said he felt an orientation program would be good. Vice-Chairman Lenko said that she personally would like to set up an 7 Code Enforcement Board Minutes June 27, 2000 "ambassador" program. She would go to board meetings in other cities and introduce herself. She also said she asked Mayor Vandergrift if she could have business cards made with the city logo. She further said that City Manager Shapiro told her to get permission for the business cards from the Mayor and Commissioners. Chairman Linebarier said he did not see anything illegal about Ms. Lenko visiting other boards as long as she did not make any commitments on behalf of the city. Mrs. Simon said Ms. Lenko is asking to be a representative of the board which would require permission from the Ocoee City Commission. Ms. Lenko also thanked the Mayor Vandergrift for his help regarding the demolition of the school. Chairman Linebarier - Announced the city staff has brought to his attention the drinks provided by the city are being consumed excessively and if they want to continue to have drinks, they must use them sparingly. Administrative Secretary Maxwell stated the drinks provided actually come from the Coke machine which is funded by employees. Chairman Linebarier advised the board to use the drinks sparingly, if the board wants to continue to have drinks provided. Member Chancey -None Member Holmes -Said he was late due to a prior commitment and wished everyone a happy holiday. Administrative Secretary Maxwell - Said there is an update for the Code Book and asked members to please drop their book off to the City Clerk or bring them to the next meeting. Alternate Member Godek - None ADJOURNMENT Meeting adjourned at 9:39 P.M. Attest: APPROVED: fri / • Ro n Hai " : i'ng Clerk ohn H. Lineb. rer, Chairman bA0A8S1L-11 aw02.9-Q_ t Brenda Maxwell, Administrative Secretary 8