Loading...
05-25-1999 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING May 25, 1999 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 and led in the pledge of allegiance. Member Ellison led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Ellison, Holmes, Konicek, Alternate Member Hall and Alternate Member Godek, sitting in for Member Skiles. Also present were Attorney Feeney, Administrative Supervisor Seaver, Code Enforcement Officers Loeffler and Siegrist, and Administrative Secretary Cornell. ABSENT: Member Skiles and Code Enforcement Supervisor Simon who were excused. APPROVAL OF MINUTES OF APRIL 27, 1999, MEETING Vice Chairman Lenko, seconded by Member Konicek, moved to approve the Minutes of the April 27, 1999, Code Enforcement Board meeting as presented. 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 and Siegrist. HEARINGS OF STATEMENTS OF VIOLATIONS Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-091 be continued until the June 22, 1999, meeting. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Ellison, moved that Case 99-095 be dismissed at the request of the City. Motion carried 7-0. Vice Chairman Lenko, seconded by Member Ellison, moved that Case 99-005 be set as Item C under "Other Business". Motion carried 7-0. L Code Enforcement Minutes May 25, 1999 Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-093 be moved to the top of the agenda under Item 4, and Case 99-005, Item C, under "Other Business" be heard after Case 99-093. Motion carried 7-0. Case 99-093, Leroy and Margaret Hettler (owners), 1021 Caballero Officer Loeffler Violationcited: Section 51-21A,B,C,D 3-31-99 - NOCV Re-inspection Date: 5-10-99 5-13-99 - SOV 5-13-99 - NOH Meeting date: 5-25-99 5-13-99 - POS Observation: Enclosed block room with wiring, windows, and roof constructed without a permit. A permit has been issued for a patio. Miscellaneous construction debris littering the yard. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the Case and presented pictures. A discussion ensued. Ms. Hettler, after having been sworn, stated that she had been working on the plans for re-submission to the City. She said that she does have the preliminary plans with her, however, they have not been sealed by the architect. Ms. Hettler continued to say that the plans will be ready for submission to the City within the next few days. A discussion ensued. Member Holmes, seconded by Member Ellison, moved to allow the respondent in Case 99-093 until June 25, 1999, to complete the necessary paperwork and obtain a building permit from the Ocoee Building Department or forfeit $100.00 per day. Motion carried 5-2, with Chairman Linebarier and Vice Chairman Lenko voting no. Case 99-005, The Ray Harper Trust Agreement, 138 W. Circle Key Drive Officer Loeffler Violationcited: Section 108-19F(1) a,b, I; 108-23G,I,K,O,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 or $250.00 per day 3-4-99 - Affidavit of noncompliance Re inspection 3-3-99 3-23-99 - Order Imposing Fine and Lien Effective 3-3-99 4-1-99 - Affidavit of Compliance As of 3-31-99 4-1-99 - Order Imposing Fine and Lien 5-25-99 - Request for Rehearing Observation: Rotted/weather and water damaged floors/walls. Broken windows/sash. Bug infestation. Kitchen cabinet-counter damage. Ripped screens. Broken interior doors-jambs. No backflow preventers or smoke alarms. Vice Chairman Lenko requested that the Board be given some time to review Case 99-005. Member Holmes moved to re-hear Case 99-005. Attorney Feeney stated that the respondents should be heard as they may be able to present further information or explain any extenuating circumstances that may pertain to the Case. A discussion ensued. 2 Code Enforcement Minutes May 25, 1999 Member Holmes withdrew his motion. Ms. Betty Gourm, having been sworn, stated that she was now the Property Manager for Dean Harper, Inc., and that she was new. She said that her properties were now in compliance and that they work with the City to keep the properties in compliance. She stated that on this Case some of the paperwork had gotten lost and she is requesting a reduction in fines. A discussion ensued. Member Holmes, seconded by Member Chancey, moved to re-hear Case 99-005. Motion carried 5-2 with Member Ellison and Member Hall voting no. Chairman Linebarier inquired from respondent why the matter was let go so long. Ms. Gourm stated that it was because of these kinds of problems that she was hired. A discussion ensued. Vice Chairman Lenko, seconded by Member Holmes, moved in Case 99-005 to deny the reduction in fines. Motion carried 7-0. 10 minute break was called at 8:25 p.m., the meeting resumed at 8:35 p.m. Member Ellison, seconded by Member Hall, moved that the testimony for Case 99-089 be received and also applied to Case 99-090. Motion carried 7-0. tkor Case 99-089, Madowacharya and Dather Tewari (owners), 1403 Lukay Street Officer Loeffler Violation cited: Section 108-23I; 165-3; 115-3 4-7-99 - NOCV Re-inspection Date: 4-23-99 5-6-99 - SOV 5-6-99 - NOH Meeting date: 5-25-99 5-6-99 - POS Observation: Two tagless, inoperable vehicles; miscellaneous junk and auto-related littering in yard. Broken-out windows on house (front) . Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the above Case and presented pictures. Madowacharya and Dather Tewari, having been sworn, stated that he (Madowacharya Tewari) was the owner of the property and that it was a rental property. The damage to the window was caused by his tenant's ex-husband and he was unaware that the damage had occurred. He felt that the City was called in an attempt to harass him and his tenant by the ex-husband. He requested that the City intervene on his behalf. A discussion ensued. Vice Chairman Lenko, seconded by Member Hall, moved to find the respondents in Case 99- 089 in violation as cited as of April 22, 1999, but in compliance as of May 25, 1999, and no penally be imposed. Motion carried 7-0. L 3 Code Enforcement Minutes May 25, 1999 Case 99-090, Scott Cassel (renter), 1403 Lukay Street Officer Loeffler Violation cited: Section 108-23I; 165-3; 115-2 4-7-99 - NOCV Re-inspection Date: 3-31-99 5-6-99 - SOV 5-6-99 - NOH Meeting date: 5-25-99 5-6-99 - POS Observation: Two tagless, inoperable vehicles; miscellaneous junk and auto-related littering in yard. Broken-out windows on house (front) . As the testimony in Case 99-089 applied to Case 99-090 as well, Vice Chairman Lenko, seconded by Member Ellison, moved to find the respondent in Case 99-090 in violation as cited as of April 22, 1999, but in compliance as of May 25, 1999, and no penalty be imposed. Motion carried 7-0. Case 99-091, Mahendra N. Samaroo (owner), 688 Veronica Circle Officer Loeffler Violation cited: Section 115-3 4-15-99 - NOCV Re-inspection Date: 4-26-99 5-6-99 - SOV 5-6-99 - NOH Meeting date: 5-25-99 5-6-99 - POS Observation: Miscellaneous junk and debris; large pile of roofing trusses. Chairman Linebarier stated that Case 99-091 had been continued at the request of the City. Case 99-092, Dina Spann, (owner), 477 New Meadows Court Officer Siegrist Violation cited: NEC 110-12A; 108-23Q; 108-12 4-16-99 - NOCV Re-inspection Date: 5-6-99 5-10-99 - SOV 5-10-99 - NOH Meeting date: 5-25-99 5-10-99 - POS Observation: Failure to schedule a Minimum Housing Standards re-inspection. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case. A discussion ensued. Member Holmes, seconded by Vice Chairman Lenko, moved to find the respondent in Case 99-092 in violation as cited as of April 26, 1999, but in compliance as of May 18, 1999, and no penalty be imposed. Motion carried 7-0. Case 99-094, Roger C. Freeman (owner) 6 Sundial Key Officer Siegrist Violation cited: Section 108-19D; Flb; 108-23B,D,E2, F,I,M1, 0, R1; 108-24D 4-7-99 - NOCV Re-inspection Date: 5-13-99 5-13-99 - SOV 5-13-99 - NOH Meeting date: 5-25-99 5-13-99 - POS Observation: Trailer in poor condition. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the above Case. Member Holmes, seconded by Member Ellison, moved to find the respondent in Case 99-094 in violation as cited as of May 7, 1999, but in compliance as of May 25, 1999, and no penalty be 4 Code Enforcement Minutes May 25, 1999 imposed. Motion carried 7-0. Case 99-095, George E. Foote, Jr. and Agnes Foote (owners), 501 S. Bluford Avenue Officer Loeffler Violation cited: Section 51-21A, B, C, D 5-5-99 - NOCV Re-inspection date - 5-17-99 5-17-99 - SOV 5-17-99 - NOH Meeting Date - 5-25-99 5-18-99 - POS Observation: Fence/stockade was constructed without a permit. Chairman Linebarier stated that Case 99-095 had been dismissed at the request of the City. OTHER BUSINESS: Chairman Linebarier stated that in Case 99-087, Howell Cundiff, 1600 Little Spring Hill Road, the Board had received an affidavit of"Non-Compliance". The Order was for May 5, 1999 with $100.00 per day thereafter. Vice Chairman Lenko, seconded by Member Holmes, moved in Case 99-087 to enter an Order Imposing Fine and Lien as of May 5, 1999. Motion carried 7-0. Chairman Linebarier stated that in Case 99-086 the respondents had complied and the Case had been dismissed at the request of the City. Additionally, in Cases 99-074 and 99-075, Mrs. Reeves, the liens have been recorded on the property. Case 95-41, Elizabeth Pedrick, has made the payment of $3,000.00. In case 96-11, Dean Harper Inc., they settled with the City for $31,646.12. COMMENTS: Commissioner Danny Howell stated that he had come to thank Chairman Linebarier for his leadership on the Code Enforcement Board and felt that he does a great job. He said that he wanted to express his appreciation for all that John Linebarier had done as well as the rest of the Board members. Attorney Feeney - Provided the Board with information concerning the revisions of the State Statutes as they pertain to Code Enforcement. He gave the Board written handouts to follow as he provided them with a brief summary of the changes. Administrative Supervisor Seaver - Stated that she has checked on the shirts for the Board and is waiting for a response from the vendor, the shirts are still not in as of this time. Also, Robin Harris will be taking her seat for the rest of the year. Regarding the computer software where the requisition has been processed and the Purchase Order approved, the program is in the Information Systems Department and they are looking at the software to make sure that it will be compatible with our system and other software programs. Code Enforcement Officer Loeffler - None 5 Code Enforcement Minutes May 25, 1999 LCode Enforcement Officer Siegrist - None Member Holmes - Wished everyone a happy Memorial Day and announced that there will be ceremonies at the Woodlawn Memorial Park on Monday at 9:00 a.m. Alternate Member Hall - Requested that Attorney Feeney provide the Secretary with a copy of the Code Enforcement Revisions that he had presented to the Board so that they can be made part of the record. Member Konicek - None Member Lenko - Stated that she really liked the quality of the pictures that had been presented and appreciated their clarity. She also reminded the Board to fill out their financial disclosure forms that were recently sent to them. Member Chancey - None Member Ellison - None Chairman Linebarier - Announced that this was Patricia Cornell's last meeting as Secretary and wished her well. L ADJOURNMENT Vice Chairman Lenko, seconded by Member Chancey, moved to adjourn the meeting. Motion carried 7-0. Meeting adjourned at 9:45 PM. Attest: APPROVED: 41)) iQ 4t,tt ? Reann Seaver, Administrative Supervisor ohn Linebar er, Chairman 6C.it-)_.+l l e( a[D z Patricia Cornell, Administrative Secretary 6