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04-27-1999 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING April 27, 1999 CALL TO ORDER Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to order at 7:29 p.m. in the Commission Chambers of City Hall and led in the pledge of allegiance. Member Hall led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Holmes, Konicek, Skiles, Alternate Member Hall, sitting in for Member Ellison. Also present were Attorney O'Quinn, Administrative Supervisor Seaver, Code Enforcement Supervisor Simon, Code Enforcement Officers Loeffler and Siegrist, and Administrative Secretary Cornell. ABSENT: Member Ellison and Alternate Member Godek were excused. APPROVAL OF MINUTES OF MARCH 23, 1999, MEETING Chairman Linebarier stated that the minutes of the March 23, 1999, meeting should be changed on page 6, regarding Case 99-046 to reflect $150.00 per day and not $250.00. Vice Chairman Lenko, seconded by Member Konicek, moved to approve the Minutes of the March 23, 1999, Code Enforcement Board meeting as amended. Motion carried 7-0. COMMENTS FROM CITIZENS None. 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. Administrative Supervisor Seaver administered the oath to Code Enforcement Officers Loeffler, Siegrist and Supervisor Simon. HEARINGS OF STATEMENTS OF VIOLATIONS Vice Chairman Lenko, seconded by Member Skiles, moved that Case 99-086 be tabled until the May 25, 1999, meeting at the request of the City. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Skiles, moved that Item F, under "Other Business", Case 95-41 be moved to the top of the agenda. Motion carried 7-0. L. Case 95-041, Elizabeth Pedrick (owner), 52 W. Circle Key Drive Supervisor Simon Code Enforcement Minutes April 27, 1999 itior Violation cited: Section 108-23I 3-17-95 NOCV Re-inspection Date: 4-14-95 4-14-95 - SOV 4-14-95 - NOH Meeting date: 4-25-95 4-18-95 - POS 4-25-95 - Order of Continuance 5-1795 - NOH Meeting date: 5-23-99 5-19-95 - POS 5-23-95 - Order of Continuance 8-9-95 - NOH Meeting date: 8-22-95 8-11-95 - POS 8-22-95 - Compliance Order 10-24-95 or $25.00 per day 10-24-95 - Affidavit of Non-compliance 10-24-95 - Order Imposing Fine and Lien 12-5-95 - Lien recorded 4-27-99 - Request for reduction Observation: Windows shall be substantially weather tight, water tight and rodent proof and shall be kept in sound working condition and good repair. Vice Chairman Lenko, seconded by Member Skiles, moved that in Case 95-041 the request for reduction of fine be considered. A discussion ensued. Motion carried 7-0. Administrative Supervisor Seaver administered the oath to Mr. Gary M. Moody, 17205 Redbird Road, Winter Garden, Florida, who spoke on the behalf of his mother, Elizabeth Pedrick. Mr. Moody stated that since they (his mother and himself) have numerous properties in Ocoee, they are constantly in contact with the Code Enforcement officials. He said that they make every attempt to comply with all of the requests made by the City to keep their property in compliance. He further stated that at the time of this particular case, there were considerable personal illnesses in his family and he was unable to follow through with this particular matter. He requested a reduction in fine from the City on the behalf of his mother. A discussion ensued. Code Enforcement Supervisor Simon, having been sworn, gave a brief history of the Case and stated that Mrs. Pedrick was the actual owner of the property, however, the trailer was owned by an individual who was handicapped and did not have the money to fix the windows. She also stated that the trailer has since been sold. A discussion ensued. Vice Chairman Lenko moved to deny the reduction in fines. Motion died due to a lack of a second. Member Holmes, seconded by Member Chancey, moved to reduce the fine in Case 95-41 to $3,000.00. A discussion ensued. Mrs. Pedrick, upon being sworn in by Administrative Supervisor Seaver, stated that she felt that she had been a good property owner and that this was the only time in which a matter had gotten this far behind. A discussion ensued. 2 Code Enforcement Minutes April 27, 1999 Member Holmes, seconded by Alternate Member Hall, amended his original Motion; that the respondent be fined $3,000.00 provided that the fine be paid by May 7, 1999, or the fine will revert back to the original amount. Motion carried 7-0. Case 99-079, Simon and Ludivina Vega (owners), 1912 Nancy Ann Terrace Officer Loeffler Violation cited: Section 165-3 3-2-99 - NOCV Re-inspection Date: 3-17-99 4-5-99 - SOV 4-5-99 - NOH Meeting date: 4-27-99 4-5-99 - POS Observation: Red, two-door Oldsmobile. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case. A discussion ensued. Member Skiles, seconded by Alternate Member Hall, moved to find the respondents in Case 99-079 in violation as cited as of March 16, 1999, but in compliance as April 27, 1999, and that no fine be imposed. Motion carried 7-0. Case 99-085, Guy F. Iannello (owner), 1001 Idaho Court Officer Loeffler Violation cited: Section LDR 6-4H5a 3-4-99 - NOCV Re-inspection Date: 3-31-99 4-5-99 - SOV 4-5-99 - NOH Meeting date: 4-27-99 4-5-99 - POS Observation: Large cargo truck in the back yard. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the above Case. A discussion ensued. Member Skiles, seconded by Member Konicek, moved to find the respondent in Case 99-085 in violation as cited as of March 30, 1999, but in compliance as of April 9, 1999, and no fine be imposed. Motion carried 7-0. Mayor Vandergrift advised that there is a proposal for the Code Enforcement Board Meetings to be televised and it will be made part of the Budget process. The Mayor also stated that the Board should be aware of their public presentation and to be sure that they are "user friendly, warm and televisable". A discussion ensued. 8:19 PM - Chairman Linebarier called for a 10 minute break. 8:29 PM Chairman Linebarier called the meeting back to order. L 3 Code Enforcement Minutes April 27, 1999 Case 99-086, Kevin R. Helper (owner), 903 Nicole Blvd. Officer Loeffler Violation cited: Section 108-19F(1) (b) , 108-23R2, NEC 424-19, 108-12 3-17-99 - NOCV Re-inspection Date: 3-30-99 4-5-99 - SOV 4-5-99 - NOH Meeting date: 4-27-99 4-5-99 - POS Observation: Did not schedule a re-inspection for Minimum Housing Standards Inspection. This case was tabled until the May 25, 1999, meeting. Case 99-087, Howell C. Cundiff, (owner), 1600 Little Spring Hill Drive Officer Loeffler Violation cited: Section 165-3 3-19-99 - NOCV Re-inspection Date: 4-5-99 4-9-99 - SOV 4-9-99 - NOH Meeting date: 4-27-99 4-9-99 - POS Observation: Ford F series pick-up truck in yard with expired license tags. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and presented pictures. A discussion ensued. Vice Chairman Lenko, seconded by Member Skiles, moved to find the respondent in Case 99-087 in violation as cited as of April 2, 1999, and he be given until May 4, 1999, to comply or forfeit $100.00 per day. Motion carried 7-0. 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 3-5-99 - NOH Meeting date: 3-23-99 3-5-99 - POS 3-23-99 - Compliance Order 3-31-99 - Affidavit of Compliance Observation: Did not schedule a Minimum Housing Standards re-inspection. Chairman Linebarier stated that the respondents in Case 99-054 are in compliance. 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 3-23-99 - Violation Order 3-23-99 - Compliance Order 4-1-99 - Affidavit of Compliance Re-inspection 3-29-99 Observation: Trailer in poor condition. Bed fell through floor approximately 1"-2" . Chairman Linebarier stated that the respondents in Case 99-057 are in compliance. 4 Code Enforcement Minutes April 27, 1999 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 - 3-23-99 3-12-99 - POS 3-23-99 - Compliance Order 4-1-99 - Affidavit of Compliance 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. Chairman Linebarier stated that the respondents in Case 99-072 are in compliance. Alternate Member Hall, seconded by Member Konicek moved to combine the testimony of Case 99- 074 and Case 99-075. Motion carried 7-0. 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 3-23-99 - Compliance Order 4-1-99 - Affidavit of Non-compliance Observations: Canopy/carport and building with easy child access/public danger. (be Case 99-075, Ruby Reeves, 505 W. Franklin Street Officer Loeffler Violation cited: Section 119-2; 165-3 9-18-99 - NOCV Re-inspection date: 3-16-99 3-17-99 - SOV 3-17-99 - NOH Meeting Date: 3-23-99 3-18-99 - POS 3-23-99 - Violation of Order 3-23-99 - Compliance Order 4-1-99 - Affidavit of Non-compliance Observation: Junk vehicles on property. Vice Chairman Lenko, seconded by Member Skiles, moved in Case 99-074 and Case 99-075 to enter an Order Imposing Fine and Lien as of March 31, 1999. A brief discussion ensued. Motion carried 7-0. Chairman Linebarier stated that with regards to Case 98-111 and Case 99-018, both properties were sold prior to the City imposing an Order for Fine and Lien. He then called for separate motions to release the fines and liens previously imposed on both properties. Case 98-111, Nationsbanc Mortgage Corp., 477 New Meadows Court Officer Loeffler Violation cited: Sec. 115-3 Compliance Date: September 24, 1998 09-14-98 - NOCV Re-Inspection 09/25/98 10-02-98 - SOV 10-02-98 - NOH Meeting Date: 10/27/98 10-02-98 - POS Mail Delivery Cert. #Z057-384-962 10-27-98 - Compliance Order - 11/10/98 or $100 a day 5 Code Enforcement Minutes April 27, 1999 11-12-98 - Affidavit of Non-Compliance 11-24-98 - Order Imposing Fine and Lien 4-2-98 - Affidavit of Compliance Observation: Junk and debris in the front yard and back yard to include old lumber, furniture, four (4) old lawn mowers and auto parts. Member Chancey, seconded by Member Holmes, moved to release the fine and lien imposed in Case 98-111. Motion carried 7-0. Case 99-018 - Herbert McBride, Lawrence McBride, Ronald McBride and Leona Diana Smith Etal (Owner) 470 New Meadow Court Officer Loeffler Violation cited: Sec 108-35; 115-3 11-17-98 - NOCV Re-inspection date - 11/30/98 12-10-98 - SOV 12-10-98 - NOH 1-13-99 - POS 1-26-99 - Compliance Order - 2-2-99 or $250.00 per day 2-16-99 - Affidavit of Compliance - NOT in compliance from 2-3/15-99 2-23-99 - Order Imposing Fine and Lien - set amount $3,250.00 Observation: Junk, debris littering interior/exterior of unsecured, rodent infested house. Evidence of unauthorized use of house (beer cans/ash-trays/condoms) . House has no electrical or water utilities. Member Holmes, seconded by Member Skiles, moved to release the fine and lien imposed. Motion carried 7-0. ,,. A conversation occurred between the Board Members and Attorney O'Quinn regarding a possible "conflict of interest" should any of the Board Members become involved in reporting code violations. A discussion ensued. COMMENTS: Administrative Supervisor Seaver - None Code Enforcement Supervisor Simon - None Code Enforcement Officer Loeffler - None Code Enforcement Officer Siegrist - None Member Chancey - None Alternate Hall - None Member Holmes - Stated that he missed coming to the meeting last month due to a previous engagement. He requested information on Case 99-046 regarding the roof that he would have voted against giving him an extension and he wanted this noted for the record. A discussion Lr ensued. 6 Code Enforcement Minutes April 27, 1999 Lir Member Skiles - Wanted to know where the shirts are for the Board Members. A discussion ensued. Member Konicek - Noted that Vice Chairman Lenko and Member Chancey's terms expire in June, 1999, and he hopes that they will consider continuing on the Board. Member Lenko - Stated that she was sorry she missed the invitation to the Mayors' visit from El Salvador. A discussion ensued. Chairman Linebarier - Stated that in June there will be elections for Chairman and Vice Chairman. ADJOURNMENT Member Skiles moved to adjourn the meeting, a second or a vote was not recorded. Meeting adjourned at 9:09 PM. APPROVED: 11 , . , , . 4 4/441 / fohn Linebarier, Chairman Reann Seaver, Administrative Supervisor / jai e z t.) 61 ki_l't--- Patricia Cornell, Administrative Secretary L 7