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10-24-2000 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING OCTOBER 24, 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 at City Hall. Chairman Linebarier led the Pledge of Allegiance to the Flag and Member Ellison led the Invocation. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice-Chairman Lenko, Members Chancey, Ellison, Godek, Konicek, Skiles, and Alternate Member Solomon. Also present were Attorney Mary Sneed, Code Enforcement Supervisor Shelly Simon, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Administrative Supervisor Reann Seaver, and Administrative Assistant II Brenda Maxwell. ABSENT: Alternate Member Henderson who was 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. The consent agenda consisted of approval of Items A and B: A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday, September 26, 2000. B. Order of Continuance (Meeting: January 23, 2001) Case No. 00-112 - Peter A. Giarrusso, 2011 Lady Avenue Member Ellison, seconded by Member Skiles, moved to approve the Consent Agenda 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; CO- COMPLIANCE ORDER; AONC -ORDER OF NON-COMPLIANCE;OIF/L-ORDER IMPOSING FINE/LIEN;AOC-AFFIDAVIT OF COMPLIANCE;RFR-REQUEST FOR REHEARING; ROF- REDUCTION OF FINE; AONC - AFFADAVIT OF NON-COMPLIANCE; AND POS - PROOF OF SERVICE. Code Enforcement Board Minutes October 24, 2000 Administrative Supervisor Seaver 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 Member Konicek, seconded by Member Skiles, moved to consider Case Nos. 00-119, 00-106 & 00-107 as the next items on the agenda. Motion carried 7-0. Case No. 00-119 - Albert C. Hensel, Jr. 700 Rich Drive Officer Siegrist Violation cited: 115-3 09-20-00 NOCV Re-inspection Date: 10-06-00 10-12-00 SOV 10-12-00 NOH Meeting Date: 10-24-00 10-12-00 POS Mail (7000 0520 0014 8640 3734) - Hensel Observation: Miscellaneous building supplies. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, presented exhibits, and stated as of October 24, 2000, the property was in non-compliance. Respondent, Albert C. Hensel, Jr., having been sworn, stated there is a difference of opinion as to what is considered and identified in the City Code (115-3). He furthered stated there was a broken lawnmower, two children's riding toys, and various building materials in the backyard but the property is clear as of today. Discussion ensued. Vice-Chairman Lenko, seconded by Member Ellison, moved to find the respondent in Case No. 00-119 in Violation of Section 115-3, as of October 5, 2000, and be given until October 31, 2000, to comply or be fined$100 a day. Motion carried 7-0. Chairman Linebarier advised the respondent that if another offense occurs on this property it will be considered a second offense, which could lead to fines up to $500 a day for each offense. Member Ellison, seconded by Vice-Chairman Lenko, moved to accept the same testimony for Case No. 00-106 and 00-107. Motion carried 7-0. Case No. 00-106 - Fred C. Hudson III Trust 10401 W. Colonial Drive Officer Loeffler Violation cited: 51-21 A 08-07-00 NOCV Re-inspection Date: 09-13-00 09-15-00 SOV 09-15-00 NOH Meeting Date: 09-26-00 09-15-00 POS Mail (7000 0520 0014 8639 9334) - Fred C. Hudson, III 09-18-00 POS Post - 9/15/00 09-26-00 CO 10/10/00 or $250.00 Per Day As 51-21 A Only 2 Code Enforcement Board Minutes October 24, 2000 kir 10-16-00 AONC Inspected 10/11/00 Observation: Two permanent signs affixed to building without permits. Case No. 00-107 - Hudson Furniture 10401 W. Colonial Drive Officer Loeffler Violation cited: 51-21 A 08-07-00 NOCV Re-inspection Date: 09-13-00 09-15-00 SOV 09-15-00 NOH Meeting Date: 09-26-00 09-15-00 POS Mail (7000 0520 0014 8639 9341) - Hudson Furniture 09-18-00 POS Hand Delivery - 9/15/00 by Officer E. Loeffler 09-26-00 CO 10/10/00 or $250.00 Per Day As To 51-21 A Only 10-16-00 AONC Re-Inspected 10/11/00 Observation: Two permanent signs affixed to building without permits. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of both Cases, and stated that a permit had been applied for on October 23, 2000, and is in the review process at this time. Discussion ensued. Raymond Webb, having been sworn, stated he was representing Hudson Furniture and Mr. Fred C. Hudson. Chairman Linebarier advised Mr. Webb that the Code Enforcement Board needs verification that he was authorized to speak on behalf of Mr. Hudson and Hudson Furniture. Mr. Webb stated he was given power-of-attorney on the Variance application. Attorney Sneed accepted Mr. Webb's power-of-attorney authorization documents. The case continued. Mr. Webb stated Mr. Hudson was out of the country and the mail regarding this case did not get opened until after the compliance date and when Mr. Hudson realized what had happened, he contacted Mr. Webb to handle matters during his absence. Mr. Webb stated he would like the City to waive the penalties and stop the fines from accruing. Discussion ensued. Chairman Linebarier advised Mr. Webb that the penalties will not be waved at this time but the accruing of the penalties will stop on the day the permit was applied for. Mr. Linebarier further advised Mr. Webb that the penalties will remain in effect until compliance is met and Mr. Webb may come back before the board to ask for a reduction of fines. Discussion ensued. Vice-Chairman Lenko, seconded by Member Konicek, moved to suspend the fine of$250 a day in Case Nos. 00-106 and 00-107 as of October 24,2000, until November 28, 2000, and with the fines of$3,500 remaining in effect until the case is reviewed on November 28, 2000. Motion carried 7-0. RECESS 8:18 - 8:30 p.m. (Noted: Member Ellison was not present at the time the meeting resumed.) 3 Code Enforcement Board Minutes October 24, 2000 (Member Ellison returned at 8:33 p.m.) Case No. 00-111 - Ignacio Ibarra & Bertha Ibarra 75 Sand Dollar Key Drive Officer Loeffler Violation cited: 115-5 08-22-00 - NOCV Re-inspection Date: 09-25-00 09-28-00 - SOV 09-28-00 - NOH Meeting Date: 10-24-00 09-28-00 - POS Mail (7000 0520 0014 8639 9471) -Ibarra Observation: Mow, cut weeds/grass including under the four (4) autos parked in yard. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case, presented an exhibit, and stated as of October 13, 2000, the property was in full compliance. Member Skiles, seconded by Member Ellison, moved to find the respondents in Case No. 00-111 in violation of Section 115-5 as of September 6, 2000, but in compliance as of October 13, 2000, and no fine or penalty be imposed. Motion carried 7-0. Case No. 00-113 - Fernando Rodriguez & Maria Rodriguez 9 W. Circle Key Drive Officer Loeffler Violation Cited: 115-5 09-08-00 NOCV Re-Inspection Date: 09-25-00 10-03-00 SOV 10-03-00 NOH Meeting Date: 10-24-00 10-03-00 POS Mail (7000 0520 0014 8639 9549) -Rodriguez, F 10-03-00 POS Mail (7000 0520 0014 8639 3697) -Rodriguez, M Observation: Tall weeds/grass. Code Enforcement Officer Loeffler, having been sworn, stated the City of Ocoee was requesting to dismiss this case. Vice-Chairman Lenko, seconded by Member Skiles, moved to dismiss Case No. 00-113 at the request of the City of Ocoee. Motion 7-0. Case No. 00-117 - Mahendra N. Samaroo 688 Veronica Circle Officer Loeffler Violation Cited: 108-35 06-02-00 NOCV Re-Inspection Date: 10-04-00 10-05-00 SOV 10-05-00 NOH Meeting Date: 10-24-00 10-05-00 POS Mail 10/06/00 (7000 0520 0014 8640 3703) Mahendra N. Samaroo Observation: Block crumbling/deteriorating at foundation, walls weak. Officer Loeffler, having been sworn, gave a brief history of the Case, presented exhibits, and stated as of today, October 24, 2000, the property is in non-compliance. C 4 Code Enforcement Board Minutes October 24, 2000 Vice-Chairman Lenko, seconded by Member Godek, moved to find the respondents in Case No. 00-117 in violation of Section 108-35 as of July 2, 2000, in non-compliance as of October 24, 2000, and to approve the City of Ocoee's request for demolition of the structure on the property. Motion carried 7-0. Case No. 00-118 - Neil I. Boardman & Susan G. Boardman 1211 Baranova Road Officer Siegrist Violation Cited: 108-12 D; 108-22; 108-23 I 09-20-00 NOCV Re-Inspection Date: 10-05-00 10-09-00 SOV 10-09-00 NOH Meeting Date: 10-24-00 10-09-00 POS Mail-10/10/00 (7000 0520 0014 8640 3710) -Mr. & Mrs. Boardman 10-09-00 POS Mail-10/10/00 Regular Mail-Wilson Mngmt, 2203 Hillcrest Orlando, Florida 32803 10-09-00 POS Mail-10/10/00 Regular Mail-Tenant-Bernard Cole 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 as of October 24, 2000, the property was in full compliance. Member Skiles, seconded by Member Ellison, moved to find the respondents in Case No. 00-118, in violation of Sections 108-12 D; 108-22; & 108-23 I as of September 30, 2000, but in compliance as of October 24, 2000, and no fine or penalty be imposed. Motion carried 7-0. OTHER BUSINESS Case No. 00-015 - Mary E. Lubin 305 Tranquille Oaks Drive Officer Loeffler Violation Cited: 108-19 A,F (lb) ; 108-22; 108-23 D, I, M(2) , R(1) ;108-12 D 01-28-00 NOCV Re-Inspection Date: 02-08-00 02-10-00 SOV 02-10-00 NOH Meeting Date: 02-22-00 02-10-00 POS Mail (Z 333 613 814) 02-10-00 POS Post 02-22-00 CO March 7, 2000, or $150.00 Per Day 02-22-00 EX A Thru F 03-08-00 AONC Re-Inspected 03-08-00 03-28-00 OIFL 04-28-00 ROL Had To Correct Original OIFL 03-28-00 OIFL 10-16-00 ATF Observation: Did not schedule a re-inspection to verify correction of the Minimum Housing Standards inspection. Vice-Chairman Lenko, seconded by Member Godek, moved to approve the City of Ocoee's Application to Foreclose, in Case No. 00-015, located at 305 Tranquille Oaks Drive. Motion carried 7-0. L 5 Code Enforcement Board Minutes October 24, 2000 Case No. 00-099 - Stella G. King 131 N. Cumberland Avenue Officer Loeffler Violatlion Cited: 115-5 08-07-00 NOCV Re-Inspection Date: 08-25-900 08-28-00 SOV 08-28-00 NOH Meeting Date: 09-26-00 08-28-00 POS Mail (7000 0520 0014 8639 9143) -Stella G. King, Ocoee 08-28-00 POS Mail (7000 0520 0014 8639 9136) Stella G. King, Winter Garden Observation: Overgrown vacant lot. Vice-Chairman Lenko, seconded by Member Godek, moved to enter an Order Imposing Fine and Lien of$250 per day in Case No. 00-099, located at 131 N. Cumberland Avenue, effective September 28, 2000. Motion carried 7-0. Case No. 00-102 - Kristine M. Remick & Richard Andrew McGilligan 1606 Ison Lane Officer Siegrist Violation Cited: 108-12 D; 108-19 I; 108-20 B; LDC 54-3 A (1) & D 08-07-00 NOCV Re-Inspection Date: 08-29-00 08-31-00 SOV 08-31-00 NOH Meeting Date: 09-26-00 08-31-00 POS Mail (7000 0520 0014 8639 9174) -Remick & McGilligan 09-15-00 POS Post 09-26-00 CO 10/09/00 Or $100.00 Per Day 10-16- 00 AONC Re-Inspected 10/10/00 Observation: Failure to schedule a Minimum Housing Standards/compliance re- inspection. Vice-Chairman Lenko, seconded by Member Skiles, moved to enter an Order Imposing Fine and Lien of$100 per day in Case No. 00-102, effective October 10, 2000. Motion carried 7-0. COMMENTS Administrative Supervisor Seaver - none Attorney Sneed - Pleasure to be here. Code Enforcement Supervisor Simon - Welcomed Sherry Seaver back to the board. Shelly said she will not be at next month's meeting. Code Officer Loeffler - None Code Officer Siegrist - Happy to be here. Vice-Chairman Lenko - Hope you enjoy the basketball or the baseball game. Member Godek - None Member Konicek - None. Administrative Assistant II - None Member Ellison - None Chairman Linebarier - Asked for the packets not to be copied on front and back. Please advise Robin she will be missed. 6 Code Enforcement Board Minutes October 24, 2000 Member Skiles - None Member Chancey - None Mayor Vandergrift arrived at 8:58 p.m. Mayor Vandergrift announced he would like to have fountains along Silver Star Road. He apologized for not attending the Code Enforcement Review Committee Meeting. Mayor Vandergrift thanked the board members and staff for doing a good job for the Code Enforcement Board. ADJOURNMENT Meeting adjourned at 8:58 P.M. Attest: APPROVED: Reann Seaver, Administrative Supervisor . n Linebarier, Chairman (AflaA(40..I C�LJ� e�.9_90 Brenda Maxwell, A inistrative Assistant II L 7