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03-23-1999 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING March 23, 1999 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 and led in the pledge of allegiance. Member Ellison led in the prayer. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members, Chancey, Ellison, Konicek, Skiles, Alternate Member Hall, sitting in for Member Holmes, and Alternate Member Godek. Also present were Attorney O'Quinn, Administrative Supervisor Seaver, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, and Clerk/Stenographer King. ABSENT: Member Holmes, who was excused. APPROVAL OF MINUTES OF FEBRUARY 23, 1999, MEETING Chairman Linebarier noted that the Minutes of the February 23,1999, meeting should reflect that Member Ellison was excused. In the motion to accept the minutes by Vice Chairman Lenko, the date should be changed from January 26, 1999, to January 28, 1999. Also, on ,, page 5, the last paragraph of discussion from Chairman Linebarier should state: "from that citation" instead of "from the previous citation." Member Skiles noted that on page 9, in the first paragraph, his name was misspelled. Vice Chairman Lenko, seconded by Member Skiles, moved to approve the Minutes of the February 23, 1999, Code Enforcement Board meeting as amended. Motion carried 7-0. Chairman Linebarier welcomed back Alternate Member Godek. COMMENTS FROM CITIZENS None. HEARINGS ON STATEMENTS OF VIOLATIONS PURSUANT TO NOTICES OF HEARINGS Chairman Linebarier noted that Case 99-070 and Case 99-071 had been dismissed at the request of the City and under Item III, Case 99-027 and Case 99-018, the liens have been recorded. 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);AND POS-PROOF OF SERVICE. Code Enforcement Minutes March 23, 1999 Administrative Supervisor Seaver administered the oath to Code Enforcement Officers Loeffler, Siegrist and Supervisor Simon. Case 99-054, Ed and Sandra Conrado (owner), 324 Hormigas Street Officer Loeffler Violation cited: Section 108-22; SPC 606.3.4.1; NEC 110-12; NEC 370-25; 108-12(D) 1/15/99 - NOCV Re-inspection Date: 2/3/99 2/8/99 - SOV 2/8/99 - NOH Meeting date: 2/23/99 2/8/99 - POS 2/23/99 - Order of Continuance, 3/23/99 Observation: Did not schedule a Minimum Housing Standards re-inspection. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and presented pictures. A discussion ensued. Member Skiles, seconded by Member Ellison, moved to find the respondents in Case 99-054 in violation as cited and to give them until April 7, 1999, to comply or forfeit $100.00 per day. Vice Chairmen Lenko, seconded by Member Chancey, moved to amend the motion to find the respondents in Case 99-054 in violation as cited and to give them until March 30, 1999, or forfeit $100.00 per day. Motion carried 7-0. Chairman Linebarier called for a vote on the original motion by Member Skiles and as amended by Vice Chairman Lenko. Motion carried 7-0. Case 99-056, Cheryl Platt and Kenneth Allen Platt, Jr., 1504 Ison Lane Officer Loeffler Violation cited: Section 108-23Q; R(2) (2) ; 54-3A(1) ; 606.3.4.1; NEC 370-25; 108-12 2/5/99 - NOCV Re-inspection Date: 2/16/99 3/5/99 - SOV 3/5/99 - NOH Meeting date: 3/23/99 3/5/99 - POS Observation: Did not schedule a Minimum Housing Standards re-inspection. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the above Case and presented pictures and stated that the respondents had complied. A discussion ensued. Vice Chairman Lenko, seconded by Member Ellison, moved to find the respondents in Case 99-056 in violation as cited as of February 16, 1999, but in compliance as of March 23, 1999, and that no penalty be assessed. Motion carried 7-0. Case 99-057, The Ray Harper Trust Agreement and Edith E. Towne Officer Siegrist Violation cited: Section 108-19A, F(1) (b) , I; 108-22; 108-23B, E(2) , G, M(1) , 0, Q, R(1) (2) , S; 108-24D; 54-3A(1) ; 606.3.4.1; NEC 110-12; NEC 440-11; 108-35 1/14/99 - NOCV Re-inspection Date: 2/16/99 3/5/99 - SOV 3/5/99 - NOH Meeting date: 3/23/99 3/5/99 - POS Observation: Trailer in poor condition. Bed fell through floor approximately 1"-2". 2 Code Enforcement Minutes March 23, 1999 Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case, presented pictures and advised that 17 of the 18 violations has been corrected. A discussion ensued. Vice Chairman Lenko, seconded by Member Ellison, moved to find the respondents in violation as cited as of February 13, 1999, and in compliance as of March 23, 1999, with no fine imposed. Vice Chairman Lenko further moved to find the respondents in violation of Section 108-23G as of February 13, 1999, and that they be given until March 30, 1999, to come into compliance or forfeit $100.00 a day thereafter. Member Skiles, seconded by Member Konicek, moved to amend the original motion to forfeit $250.00 per day. Motion as amended carried 7-0. Case 99-070, James E. and Joann J. Freeman Supervisor Simon Violation cited: Section 119-2 2/26/99 - NOCV Re-inspection Date: 3/11/99 3/11/99 - SOV 3/11/99 - NOH Meeting date: 3/23/99 3/11/99 - POS Observation: Operating a business without a license/failure to renew. Dismissed at the request of the City. Case 99-071, James E. Freeman Service Co., 2413 Greywall Avenue Supervisor Simon Violation cited: Section 119-2 2/26/99 - NOCV Re-inspection date - 3/11/99 3/11/99 - SOV 3/11/99 - NOH Meeting Date: 3/23/99 3/11/99 - POS Observation: Operating a business without a license/failure to renew. Dismissed at the request of the City. Case 99-072, Edward J. and Lori Ann Rawa, 418 Tranquille Oaks Drive Officer Siegrist Violation cited: Section 165-3 2/16/99 - NOCV Re-inspection date - 3/5/99 3/12/99 - SOV 3/12/99 - NOH Meeting Date - 3/32/99 3/12/99 - POS Observation: Chevy, Monte Carlo (brown & white) without a tag; a Chevy wagon (cream) without a tag and one Oldsmobile (tan) without a tag - all located in the backyard. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and presented photographs. A discussion ensued. Edward J. Rawa, 418 Tranquille Oaks Drive, having been sworn, stated regarding the vehicles that one was tagged, the other two, because of financial situation, he was not able to insure. One is sold, and the others will be taken out or tagged within a month. All of the vehicles are operable. He requested extension until the end of the month. Member Chancey, seconded by Member Ellison, moved to find the respondents in Case 99- 072 in violation as cited and to give them until April 1, 1999, to comply or forfeit $100.00 per 3 Code Enforcement Minutes March 23, 1999 day. Motion carried 7-0. Chairman Linebarier advised the respondent, Mr. Rawa, that he had to contact Code Enforcement prior to the date of compliance to come out and re-inspect. Also, if this happens again and he is cited for the same violations, the fine will not start the day that the board meets, it will begin the day that the violation was cited. Case 99-073, Roger C. Freeman, 114 E. Circle Key Drive Officer Siegrist Violation cited: Section 108-23Q 2/22/99 - NOCV Re-inspection date: 3/8/99 3/12/99 - SOV 3/12/99 - NOH Meeting date: 3/23/99 3/19/99 - POS Observations: Front porch awning caved in. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and presented pictures. A discussion ensued. Member Ellison, seconded by Member Skiles, moved to find the respondents in Case 99-073 in violation as cited as of February 22, 1999, but in compliance as of March 17, 1999, and that no penalty be assessed. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Konicek, moved that the testimony for Case 99-074 be adopted in Case 99-075, but to make the findings for each Case separately. Motion carried 7-0. Member Skiles left the dais at 8:25 PM and returned at 8:28 PM. Case 99-074, Ruby Reeves, 505 W. Franklin Street, Officer Loeffler Violation cited: Section 108-35 9/18/98 - NOCV Re-inspection date: 3/16/99 3/16/99 - SOV 3/16/99 - NOH Meeting Date: 3/23/99 3/18/99 - POS Observations: Unsafe, hazardous cement-pit, canopy/carport and building with easy child access/public danger. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and submitted photographs. A discussion ensued. Vice Chairman Lenko, seconded by Member Skiles, moved to find the respondents in Case 99-074 in violation as cited as of March 11, 1999, and be given until March 30, 1999, to come into compliance or be fined$250.00 per day thereafter. Motion carried 7-0. Case 99-075, Ruby Reeves, 505 W. Franklin Street, Officer Loeffler Violation cited: Section 119-2; 165-3 9/18/98 - NOCV Re-inspection date: 3/16/99 3/17/99 - SOV 3/17/99 - NOH Meeting Date: 3/23/99 3/18/99 - POS Observation: Operating junk yard, auto storage/salvage, auto repair shop and towing service without a license. Junk vehicles on property. 4 Code Enforcement Minutes March 23, 1999 Vice Chairman Lenko, seconded by Member Skiles, moved to find the respondent in Case 99-075 in violation of Section 119-2 and 165-3, as of October 18, 1998, but in compliance with 119-2 as of November 15, 1998, with no penally assessed; in non-compliance with 165-3 as of March 23, 1999, but be given until March 30, 1999, to comply or forfeit $250.00 per day thereafter. Motion carried 7- 0. Case 99-005, Ray Harper Trust Agreement, 138 W. Circle Key Drive Officer Loeffler Violation cited: Section 108-19F(1)a,b,I; 108-23G, I, K, 0, R(1) (2) , U, V; 108-24E SPC606.3.4.1 10/12/98 - NOCV Re-inspection date - 11/24/98 11/30/98 - SOV 11/30/98 - NOH Meeting Date - 1/26/99 11/30/98 - POS 1/26/99 - Order of Continuance - 2/23/99 2/8/99 - NOH Meeting Date - 2/23/99 2/8/99 - POS 2/23/99 - Compliance Order - 3/2/99 3/4/99 - Affidavit of Non-compliance Observation: Rotted/weather and water damaged floors/walls. Broken windows/sashes. Bug infestation. Kitchen cabinet-counter damage. Ripped screens. Broken interior doors-jambs. No backflow preventers or smoke alarms. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and submitted photographs. A discussion ensued. Now Vice Chairman Lenko, seconded by Member Skiles, moved to enter an Order to Impose Fine and Lien as of March 3, 1999,for$250.00 per day. Motion carried 7-0. Case 99-016, Ray Harper Trust Agreement and Helen Marie Harris (owner), 203 Security Circle Officer Siegrist Violation cited: Section 108-35 10/27/98 - NOCV Re-inspection date - 12/1/98 12/11/98 - SOV 12/11/98 - NOH Meeting Date - 2/23/99 12/11/98 - POS 1/26/99 - Order of Continuance 2/23/99 2/8/99 - NOH Meeting Date - 2/23/99 2/8/99 - POS 2/23/99 - Order of Continuance 3/23/99 3/8/99 - Notice of Dismissal Observation: Windows missing; interior/exterior wall damage; roof sagging-missing supports; debris inside. Dismissed at the request of the City. Case 99-045, Ray Harper Trust Agreement (owner), 16 Pine Key Court Officer Loeffler Violation cited: Section 108-19Flb and I; 108-20A1 and B; 108-22; 108-23D; E,I,N1 and N2, 0 R1, S, T; 108-24D; SPC 606.3.4.1 12/9/98 - NOCV Re-inspection date - 1/13/99 2/5/99 - SOV 11061, 2/5/99 NOH Meeting date - 2/23/99 2/5/99 - POS 5 Code Enforcement Minutes March 23, 1999 2/16/99 - POS Lor 2/23/99 - Compliance Order - 3/2/99 3/4/99 - Affidavit of Compliance Observation: Trailer, expired tag with a large untagged 4x4 truck on it. Complied. Case 99-046, Gary Lee Armstrong (owner) Officer Loeffler Violation cited: Section 108-23E2 10/20/98 - NOCV Re-inspection date: 1/13/99 2/8/99 - SOV 2/8/99 - NOH Meeting date: 2/23/99 2/8/99 - POS 2/23/99 - Pictures Submitted 2/23/99 - Compliance Order Observation: Roof with many damaged shingles - in a state of disrepair. Part of the roof is covered with visqueen and bricks. Code Enforcement Supervisor Simon stated that there was a mix up with this permit. The Building Official issued an extension until June which is a common practice. The Building Official was not aware that there was a Code Enforcement order pending. A discussion ensued. Member Skiles, seconded by Member Hall, moved in Case 99-046 to rescind the March 9, 1999, compliance date and give them until June 30, 1999, to comply, and if they have not complied by that time, the $250.00 per day penalty will be effective July 1, 1999. Motion carried 7-0. Code Enforcement Supervisor Simon stated that they will send the respondents a new compliance order and put a copy in the Building file to avoid future confusion. Chairman Linebarier stated that in Cases 99-027 and 99-018, an Order to Impose Fine and Lien were recorded on March 16, 1999. COMMENTS: City Clerk Grafton - stated that she appreciated the way the meeting was handled. Alternate Godek - None Code Enforcement Supervisor Simon - stated that this Friday night and Saturday is the "Relay for Life" fund raiser and invited everyone to come out and support the City team. Administrative Supervisor Seaver - None Code Enforcement Officer Loeffler - None Code Enforcement Officer Siegrist - None 6 Code Enforcement Minutes March 23, 1999 Alternate Member Hall - stated that the system works well here. Apparently from the fire that we had, it looks like all things fell into place. The Fire Department and Code Enforcement did a good job. Member Chancey - None Member Ellison - None Member Skiles - None Member Konicek - None Member Lenko - welcomed Alternate Member Godek back. Chairman Linebarier - stated that the City Clerk had requested that everyone please bring their large "Code Enforcement" books with them at the next meeting so she can put a new addition into it. City Clerk Grafton clarified that the books need to be updated before then. Chairman Linebarier requested that everyone get their books to the City Clerk's Office sometime within the next week. A discussion ensued. ADJOURNMENT Member Konicek moved to adjourn the meeting, a second or a vote was not recorded. Meeting adjourned at 9:04 PM. APPROVED: t. yZA-4n Linebarier, Chairman Reann Seaver, Administrative Supervisor [ ill c e c p i ,c e e C /t t--- Brenda King, Clerk Stenographer L 7