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08-22-2000 Minutes MINUTES OF THE CITY OF OCOEE (10, CODE ENFORCEMENT BOARD MEETING AUGUST 22, 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. Chairman Linebarier led the Pledge of Allegiance to the Flag and Member Solomon led the invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members, Konicek, Skiles Godek and 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, and Holmes who were excused. 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; ITEM A & B (1 & 2) Vice-Chairman Lenko, seconded by Member Skiles, moved to approve the Consent Agenda with the exception of Item B. Motion carried 6-0. Vice-Chairman Lenko, seconded by Member Solomon, moved to add Case 00-088 to Item B of the Consent Agenda. Motion carried 6-0. Vice-Chairman Lenko, seconded by Member Konicek, moved to amend the Minutes of the Code Enforcement/City Commission Joint Workshop to add Mr. Konicek as a Code Enforcement Review Committee Member as appointed. Motion carried 6-0. 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. Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Code Enforcement Board Minutes August 22, 2000 L HEARINGS ON STATEMENT OF VIOLATONS PURSUANT TO NOTICES OF HEARINGS Vice-Chairman Lenko, seconded by Member Solomon, moved to consider Case 00-089 as the next item on the agenda. Motion carried 6-0. Case 00-089 - Roger C. Freeman, 114 E. Circle Key Drive Officer Siegrist Violation cited: 108-19 A, F, 1 (a, b, & c) , I; 108-22; 108-23 B, G, I, M, (1 & 2) , N 1, 0, R, (1 & 2) , U, V; 108-24 D; SPC 606.3.4.1; NEC 370-25 06-07-00 NOCV Re-inspection Date: 07-14-00 07-31-00 SOV 07-31-00 NOH Meeting Date: 08-22-00 07-31-00 POS Mail (Z 203 423 406 & Regular - Freeman Observation: Trailer in poor condition. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and stated as of August 21, 2000, the property was not in compliance. Respondent, Roger Freeman, having been sworn, stated that he was in the tenant eviction process. While the eviction was being processed, the tenant trashed the trailer. Upon eviction of the tenant, the outside was cleaned up and the trailer was locked. The process of repairing the damages has taken longer than expected and additional two weeks are needed for repairs. Member Skiles, seconded by Member Godek, moved to find the respondent in Case 00-089 in violation of Sections 108-19 A, F, 1 (a, b, & c), I; 108-22; 108-23 B, G, I, M, (1 & 2), N 1, 0, R (1 & 2), U, V; 108-24 D; SPC 606.3.4.1; NEC 370-25 as cited as of July 7, 2000, and in partial compliance as of August 21, 2000, but is given until September 25, 2000, to be in full compliance or be fined$100.00 a day. Motion carried 6-0. Case 00-080 - Francisco Lopez, 44 Shell Key Court Officer Siegrist Violation cited: 115-3 06-09-00 SOCV Re-inspection Date: 06-20-00 06-26-00 SOV 06-26-00 NOH Meeting Date: 07-25-00 06-26-00 POS Mail Z 203 423 363 & Regular Mail- Lopez Observation: Trash and debris, including battery, including Whirlpool stove. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and stated the property was in compliance as of July 5, 2000. Vice-Chairman Lenko, seconded by Member Skiles, moved to find the respondent in Case 00- 080 in violation of Section 115-3 as of June 19, 2000, but in compliance as of July 5, 2000, and no fine or penalty be imposed. Motion carried 6-0. 2 Code Enforcement Board Minutes August 22, 2000 L Case 00-081 - Maria Rocha & Elizabet Cuellar, 19 Sundial Key Court Officer Loeffler Violation cited: 165-3 06-06-00 NOCV Re-inspection Date: 06-26-00 06-26-00 SOV 06-26-00 NOH Meeting Date: 07-25-00 06-26-00 POS Mail (Z 203 423 365) & Regular Mail- Rocha & Cuellar 07-25-00 OOC 07-28-00 NOH Meeting Date: 08-22-00 07-28-00 POS Post Observation: Disassembled, untagged white & blue Ford pick-up truck. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and stated as of July 5, 2000, the property was in full compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the respondents in Case 00-081 in violation of Section 165-3 as of June 21, 2000, but in compliance as of July 5, 2000, and no fine or penalty be imposed. Motion carried 6-0. Vice-Chairman Lenko, seconded by Member Konicek, moved to adopt testimony from Cases 00-083 and 00-084. Motion carried 6-0. ,,. Case 00-083 - Anthony Madonia & Margaret C. Madonia 465 New Meadows Court Officer Loeffler Violation cited: 115-3; 165-3 06-07-00 - NOCV Re-inspection Date: 06-26-00 06-29-00 - SOV 06-29-00 - NOH Meeting Date: 7-25-00 06-29-00 - POS Mail (Z 203 423 375) & Regular Mail- Madonia-Altamonte Springs 06-29-00 - POS Mail (Z 203 423 376) & Regular Mail-Madonia-Ocoee 07-28-00 NOH Meeting Date: 08-22-00 07-28-00 POS Post Observation: Miscellaneous junk/debris/auto parts littering property; one junk/untagged white Hyundai with flat tires; one junk/untagged white Ford Bronco. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case, and stated as of July 5, 2000, the property was in full compliance. Member Solomon, seconded by Member Godek, moved to find the respondents in Case 00-083, in violation of Sections 115-3 & 165-3, as of June 22, 2000, but in compliance as of July 5, 2000, and no fine or penalty be imposed. Motion carried 6-0. L 3 Code Enforcement Board Minutes August 22, 2000 L Case 00-084 - Doug Fletcher, 465 New Freedom Court Officer Loeffler Violation Cited: 115-3; 165-3 06-07-00 NOCV Re-Inspection Date: 06-26-00 06-29-00 SOV 06-29-00 NOH Meeting Date: 07-25-00 06-29-00 POS Mail (Z 203 423 374) & Regular Mail-Fletcher 07-25-00 OOC 07-28-00 NOH Meeting Date: 08-22-00 07-28-00 POS Post Observation: Miscellaneous junk/debris/auto parts littering property; one junk/untagged white Hyundai with flat tires; one junk/untagged white Ford Bronco. Code Enforcement Officer Loeffler, having been sworn gave a brief history of the Case and stated that as of July 5, 2000, the property was in full compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the respondent in Case 00-084, in violation of Sections 115-3 & 165-3 as of June 22, 2000, but in compliance as of July 5, 2000, and no fine or penalty be imposed. Motion carried 6-0. Recess 8:17 - 8:28 Vice-Chairman Lenko, seconded by Member Solomon, moved to consider Case 96-050 as the next item on the agenda. Motion carried 6-0. Case 96-050 - Nelson Robin Gosnell, Sr. & Helen Elizabeth Gosnell, 613 Sherwood Oaks Circle Officer Simon Violation Cited: 51-21 A 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 OIFAL 02-28-00 AOC Complied 08-14-96 02-29-00 OOFL Total Amount Due $2150.00 05-19-00 RFRROF Meeting Date: 06-27-00 06-27-00 NOH Meeting Date: 08-22-00 Observation: Erection of wood privacy fence. Building Department records do not reflect a building permit. Code Enforcement Supervisor Simon, having been sworn, gave a detailed history of the Case and stated the Gosnell's have come before the board seeking a reduction of their fine of$2150.00. L 4 Code Enforcement Board Minutes August 22, 2000 Respondents, Nelson & Helen Gosnell, having been sworn, stated they did not know they were assessed with a fine and lien until four (4) years later. They further stated they made every effort to comply and should not be fined because they had to wait for a survey. A lengthly discussion ensued. Member Skiles, seconded by Member Godek, moved to reduce the fine in Case 96-050 from $2150.00 to $0. Motion carried 6-0. Member Skiles, seconded by Member Konicek, moved to re-hear Case 96-92 for reduction of fine and lien. Motion carried 6-0 Case 96-92 - Valerie N. Gentry, 1104 Maureen Avenue Officer Simon Violation Cited: 115-3 07-09-96 NOCV Re-Inspection Date: 08-20-96 09-13-96 SOV 09-13-96 HOH Meeting Date: 09-14-96 09-13-96 POS Certified (P 150 535 611) 09-24-96 VO Article VI 6-4 (H) 5-B 09-24-96 CO Oct. 1ST 1996 or $100.00 Per Day 10-25-96 OIFL Observation: Trash/debris. Junk vehicles, truck w/expired tag. More than one (1) trailer. Code Enforcement Supervisor Simon, having been sworn, gave a detailed history of the Case and stated the respondent was given until 10-1-1996, to comply or be fined $100.00 a day. She further stated the compliance date was 10-22-1996. Respondent, Valerie N. Gentry, having been sworn, stated that she was not notified of a lien on her property. She further stated the title company deduced $2,000 from the proceeds of the sale of her home to cover the lien. Member Sidles, seconded by Member Godek, moved to reduce the fine from $2000.00 to $0. Motion carried 6-0. Case 00-086 - Luis M. Rivera D/B/A/ Caribbean Motors 399-A Enterprise Street Officer Loeffler Violation Cited: 51-21 A; 108-33 A (11) 06-13-00 NOCV Re-Inspection Date: 06-30-00 07-25-00 SOV 07-05-00 HOH Meeting Date: 07-25-00 07-25-00 POS Mail (Z 203 423 383) & Regular Mail-Rivera 07-25-00 OOC 07-28-00 NOH Meeting Date: 08-22-00 07-28-00 POS Post Observation: Occupational license inspection revealed and required the correction of a light-fixture on rear wall not wired to code, a loose electrical light switch and fixture box and the removal of an un-permitted temporary carport canopy. Code Enforcement Officer Loeffler, having been sworn, have a brief history of the Case and stated as of July 24, 2000, the property was in full compliance. 5 Code Enforcement Board Minutes August 22, 2000 Vice-Chairman Lenko, seconded by Member Skiles, moved to find the respondent in Case 00-086, in violation of Section 51-21 Al; 108-33 A (11) as of June 23, 2000, but in compliance as of July 24, 2000, and no fine or penalty be imposed. Motion carried 6-0. Recess 9:12 - 9:23 Case 00-091 - ChristianJ. Larsen, 1214 Adeleide Court Officer Loeffler Violation Cited: 108-22; 108-23 E (2) , I, M, (1 & 2) ; 108-35 07-06-00 NOCV Re-Inspection Date: 07-26-00 08-01-00 SOV 08-01-00 NOH Meeting Date: 08-22-00 08-01-00 POS Mail (Z 203 423 409) C. Larsen, 1214 Adeleide Court 08-01-00 POS Mail (Z 203 423 411) C> Larsen, 4217 Meadowbrooke Ave. , Orlando 32808-2133 08-11-00 POS Post Observation: Front porch roof support beam rotted/loose. Garage door damaged/broken. Front entrance door hardware damaged/missing strike-plate. Dilapidated/damaged fence (both wood and chain link) with open and missing sections. Unsecured/unprotected access to partially filled in-ground swimming pool. Broken/cracked front window. Exterior electrical service panel missing face plate. Code Enforcement Officer Loeffler, having been sworn, gave a detailed history of the Case, presented exhibits, and stated as of August 22, 2000, the property was in partial compliance. Discussion ensued. Vice-Chairman Lenko, seconded by Member Solomon, moved to find the respondent in Case 00-091, in violation of Section 108-23 I, M (1 & 2) as July 21, 2000, but in compliance as of August 22, 2000, and no fine or penalty be imposed and to also be found in violation of Sections 108-22; 108-23 E (2); 108-35 as of July 21, 2000, but is given until September 1, 2000, to comply or be fined $250.00 per day, per violation. Motion carried 6-0. Vice-Chairman Lenko, seconded by Member Riles, moved to find the respondent in Case 00-091, in violation of Section 108-35 and cause the City of Ocoee to abate the nuisance based on evidence and testimony. Motion carried 6-0. Case 00-092 - Al-Rud Enterprises, Inc., 116 W. McKey Street Officer Loeffler Violation Cited: 115-3; 115-5; 165-3 07-07-00 NOCV Re-Inspection Date: 07-26-00 08-01-00 SOV 08-01-00 NOH Meeting Date: 08-22-00 08-01-00 POS Mail (Z 203 423 412) Al-Rud Enterprises, Inc. 08-01-00 POS Mail (Z 203 423 413) Rudolf Swarchkof Observation: Overgrown/tall weed growth. Miscellaneous junk trash and debris. Two (2) old semi-truck (8-wheel) trailers. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case, submitted exhibits, and stated as of August 22, 2000, the property was in full compliance. 6 Code Enforcement Board Minutes August 22, 2000 L Vice-Chairman Lenko, seconded by Member Sidles, moved to find the respondents in Case 00-092, in violation of Sections 115-3; 115-5; 165-3, as of July 22, 2000, but in compliance as of August 22, 2000, and no fine or penalty be imposed. Motion carried 6-0. Case 00-093 - Edward Swann & Betty Swami, 1243 Russell Drive Officer Siegrist Violation Cited: 108-12 D; 108-23 N (1) ; LDC 54-3 A (1) & D; SBC 606.3.41 06-21-00 NOCV Re-Inspection Date: 07-26-00 08-02-00 SOV 08-02-00 NOH Meeting Date: 08-22-00 08-02-00 POS Mail (Z 203 423 414) Swann, PO Box 680446, Orlando 32868 08-02-00 POS Mail (S 203 423 415) Swann, 1127 Blake Blanche Dr., Orlando 32868 08-14-00 POS Post Observation: Failure to schedule Minimum Housing Standards/compliance re-inspection. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, and stated as of August 11, 2000, the property was in full compliance. Vice-Chairman Lenko, seconded by Member Konicek, moved to find the respondents in Case 00-093, in violation of Sections 108-12 D; 108-23 N (1); LDC 54-3 A (1) & D; SBC 606.3.4.1, as of July 1, 2000, but in compliance as of August 11, 2000, and no fine or penalty be imposed. Motion carried 6-0. Case 00-095 - James Ray Meeks & Ouida Meeks, 524 N. Lakewood Avenue Officer Siegrist Violation Cited: 108-12 D; 108-23 D 06-20-00 NOCV Re-Inspection Date: 08-01-00 08-03-00 SOV 08-03-00 NOH Meeting Date: 08-22-00 08-03-00 POS Mail (Z 203 423 421 Meeks-1011 Oakdale Street, Windermere 34786 08-03-00 POS Mail-Regular Mail To Tenant-Robert W. Horn & Laurie A. Miller, 524 N. Lakewood Avenue, Ocoee Observation: Failure to schedule Minimum Housing Standards/compliance re-inspection. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, submitted exhibits, and stated as of August 22, 2000, the property was in full compliance. Vice-Chairman Lenko, seconded by Member Solomon, moved to find the respondents in Case 00- 095, in violation of Sections 108-12 D & 108-23 D, as of June 30, 2000, but in compliance as of August 22, 2000, and no fine or penalty be imposed. Motion carried 6-0. OTHER BUSINESS None 7 Code Enforcement Board Minutes August 22, 2000 COMMENTS Building Clerk Harris - Have a nice Labor Day Weekend and a card is being passed around for everyone to sign for Mr. Holmes. Attorney Sneed - Thank you and I'm glad to be back. Code Enforcement Supervisor Simon - Nothing Code Officer Loeffler - Have a nice weekend. Code Officer Siegrist - Have a nice weekend. Vice-Chairman Lenko - The business cards did not turn out the way I wanted them to. I hope Kelly wins on the "Survivor" show. Chairman Linebarier - Announced he is going to Las Vegas Member Godek - Announced that he came in to listen to last months tape of the C.E.B. Member Solomon - None Member Skiles - None Member Konicek - None Administrative Secretary Maxwell - The business cards have been ordered for the boards. ADJOURNMENT Meeting adjourned at 10:12 P.M. L Attest: APPROVED: i'2 /1 4i7A4 7,14' n _ - ` I R i lin H: r .wilding Clerk Jahn H. Linebarier, Chairman Brenda Maxwell, A inistrati e Secretary L 8