06-22-1999 Minutes MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
June 22, 1999
I. 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 of City Hall and led in the Pledge of
Allegiance. Alternate Member Hall led in prayer. The roll was called and a quorum declared
present.
PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Holmes, Konicek,
Alternate Member Hall and Alternate Member Godek. Also present were
Attorney Thomas C. Feeney, III, Code Enforcement Supervisor Shelly Simon,
Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin
S. Harris and Administrative Secretary Marisa Dawson.
ABSENT: Members Skiles and Ellison, who were excused, and member Chancey.
II. APPROVAL OF MINUTES OF MAY 25, 1999, MEETING
Vice Chairman Lenko, seconded by Member Holmes, moved to approve the Minutes of the
May 25, 1999, Code Enforcement Board meeting as presented. Motion carried 6-0.
III. COMMENTS FROM CITIZENS
None. .
IV. 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.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-096 be
continued until the July 27, 1999, meeting, at the request of the City. Motion carried 6-0.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-101 be
continued until the July 27, 1999, meeting, at the request of the City. Motion carried 6-0.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-105 be
continued until the July 27, 1999, meeting, at the request of the City. Motion carried 6-0.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-100 be
dismissed at the request of the City. Motion carried 6-0.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved that Case 99-109 be
moved up to Item E, to be heard after Case 97-111. Motion carried 6-0.
Code Enforcement Minutes
June 22, 1999
Vice Chairman Lenko, seconded by Member Godek, moved that the testimony to be received
in Case 97-108 and Case 97-109 be combined and used for both cases. Motion carried 6-0.
Vice Chairman Lenko, seconded by Member Godek, moved that the testimony to be received
in Case 97-110 and Case 97-111 be combined and used for both cases. Motion carried 6-0.
Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code
Enforcement Officers Loeffler and Siegrist.
Case 97-108, Robert Reid (owner), 122 Olympus Drive Supervisor Simon
Violation cited: LDR Article VII Section 7-4B
10-8-97 - NOCV Re-inspection Date: 10-13-97
10-17-97 - SOV
10-17-97 - NOH Meeting Date: 10-28-97
10-21-97 - POS Mail Z312-103-402
10-28-97 - OOC Reset 11-25-97
11-25-97 - OOC Reset 1-27-98
1-27-98 - 0OC Reset 3-24-98
3-2-98 - NOH Meeting Date: 3-24-98
3-6-98 - POS Mail P882-518-756
3-24-98 - OOC Reset 6-23-98
6-4-98 - NOH Meeting Date: 6-23-98
6-4-98 - POS Mail
6-23-98 - OOC Reset 8-25-98
8-4-98 - NOH Meeting Date: 8-25-98
(IV 8-4-98 - POS Mail
8-6-98 POS Delivery
8-25-98 - OOC Reset 1-26-99
12-16-98 - NOH Meeting Date: 1-26-99
12-16-98 - POS Delivery
1-26-99 - OOC Reset 2-23-99
2-8-99 - NOH Meeting Date: 2-23-99
2-9-99 - POS Delivery
2-23-99 - OOC Reset 6-22-99
6-1-99 - NOH Meeting Date: 6-22-99
6-11-99 - POS Delivery on 6-5-99
Observation: Wetland area dredged, including vegetation, and filled, creating a large
mound area out to dock and sodded.
Code Enforcement Supervisor Simon, having been sworn, gave a brief history of the Case.
She stated that according to the drainage inspector the site is 98% perfect of restoration of the
wetlands. Restoration has been delayed by the high water table, but the respondent has been
extremely cooperative and violation was due to contractor's actions, not owner's. A discussion
ensued.
Mr. Reid, after having been sworn, corroborated Supervisor Simon's statements. The City
and DEP have inspected the property, and DEP levied a fine against the contractor,
Groundtek, but not against the respondent. The respondent showed the Board photos of the
restored wetlands. A discussion ensued.
,, Vice Chairman Lenko , seconded by Member Konicek, moved to find the respondent in Case
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Code Enforcement Minutes
June 22, 1999
97-108 in violation of LDR Article VII, Section 7-4B as of 10-12-97 and respondent has until
July 6, 1999, to comply or forfeit $250.00 per day. Motion carried 6-0.
Case 97-109, Groundtek of Central Florida (contractor), 122 Olympus Drive
Supervisor Simon
Violation cited: LDR Article VII Section 7-4B
10-8-97 - NOCV Re-inspection Date: 10-13-97
10-17-97 - SOV
10-17-97 - NOH Meeting Date: 10-28-97
10-21-97 - POS Mail Z312-103-401
10-28-97 - OOC Reset 11-25-97
11-25-97 - OOC Reset 1-27-98
1-27-98 - OOC Reset 3-24-98
3-2-98 - NOH Meeting Date: 3-24-98
3-6-98 - POS Mail P882-518-757
3-24-98 - OOC Reset 6-23-98
6-4-98 - NOH Meeting Date: 6-23-98
6-4-98 - POS Mail
6-23-98 - OOC Reset 8-25-98
8-4-98 - NOH Meeting Date: 8-25-98
8-4-98 - POS Mail
8-25-98 - OOC Reset 1-26-99
12-16-98 - NOH Meeting Date: 1-26-99
12-16-98 - POS Mail
1-26-99 - OOC Reset 2-23-99
2-8-99 - NOH Meeting Date: 2-23-99
2-8-99 - POS Mail
2-23-99 - OOC Reset 6-22-99
(11100 6-1-99 - NOH Meeting Date: 6-22-99
6-11-99 POS Mail Z526-937-100
Observation: Wetland area dredged, including vegetation, and filled, creating a large
mound area out to dock and sodded.
Chairman Linebarier stated that the testimony received in Case 97-108 applies to both Case
97-108 and Case 97-109, although the respondent's responsibility is somewhat different.
Code Enforcement Supervisor Simon, having been sworn, gave a brief history of the Case.
She stated that Groundtek is performing the restoration. No one from Groundtek appeared at
the hearing. A discussion ensued.
Attorney Feeney, in response to the Board's questions, stated that it is reasonable for the
Board to treat the owner and contractor differently based on the relevant evidence. A
discussion ensued.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved to find the respondent in
Case 97-109 in violation of LDR Article VII, Section 7-4B as of 10-12-97 and respondent has
until June 25, 1999, to comply or forfeit $250.00 per day. Motion carried 4-2, with Chairman
Linebarier and Member Holmes voting no.
Case 97-110, Patrick Freeman (owner), 124 Olympus Drive Supervisor Simon
Violation cited: LDR Article VII Section 7-4B, 51-21A, B
10-13-97 NOCV Re-inspection Date: 10-18-97
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June 22, 1999
10-20-97 - SOV
10-20-97 - NOH Meeting Date: 10-28-97
kir 10-21-97 POS Mail Z312-103-404
10-28-97 - OOC Reset 11-25-97
11-25-97 - OOC Reset 1-27-98
1-27-98 - OOC Reset 3-24-98
3-2-98 - NOH Meeting Date: 3-24-98
3-6-98 - POS Mail P882-518-759
3-24-98 - OOC Reset 6-23-98
6-4-98 - NOH Meeting Date: 6-23-98
6-4-98 - POS
6-23-98 - OOC Reset 8-25-98
8-4-98 - NOH Meeting Date: 8-25-98
8-3-98 - POS Delivery
8-25-98 - OOC Reset 1-26-99
12-16-98 - NOH Meeting Date: 1-26-99
12-16-98 - POS Delivery
1-26-99 - OOC Reset 2-23-99
2-8-99 - NOH Meeting Date: 2-23-99
2-9-99 - POS Delivery
2-23-99 - OOC Reset 6-22-99
6-1-99 - NOH Meeting Date: 6-22-99
Undated - POS Delivery
Observation: Wetland area dredged, including vegetation, then filled in area creating
a mound to dock and sodded.
Code Enforcement Supervisor Simon, having been sworn, gave a brief history of the Case
(refer to Cases 97-108 and 97-109) Respondent has not applied for permit, made any calls to
schedule inspections or any other contact with City. No progress on case and no compliance.
A discussion ensued.
Mr. Freeman, after having been sworn, stated that he has been out of town and thought that
this case would be continued again (8 continuances on this case due to water table issue).
Compliance work on Cases 97-108 and 98-109 was just done this last weekend when water
table fell low enough to do the work. A discussion ensued.
Member Holmes , seconded by Alternate Member Hall, moved to find the respondent in Case
97-110 in violation of LDR Article VII, Section 7-4B and 51-21A, B as of 10-18-97 and
respondent has until July 6, 1999, to comply or forfeit$250.00 per day. Motion carried 6-0.
Case 97-111, Groundtek of Central Florida (contractor), 124 Olympus Drive
Supervisor Simon
Violation cited: LDR Article VII Section 7-4B, 51-21A, B
10-13-97 - NOCV Re-inspection Date: 10-18-97
10-20-97 - SOV
10-20-97 - NOH Meeting Date: 10-28-97
10-21-97 - POS Mail Z312-103-403
10-28-97 - OOC Reset 11-25-97
11-25-97 - OOC Reset 1-27-98
1-27-98 - OOC Reset 3-24-98
3-2-98 - NOH Meeting Date: 3-24-98
3-6-98 - POS Mail P882-518-758
3-24-98 - OOC Reset 6-23-98
6-4-98 - NOH Meeting Date: 6-23-98
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Code Enforcement Minutes
June 22, 1999
6-4-98 - POS Mail
6-23-98 - OOC Reset 8-25-98
8-4-98 NOH Meeting Date: 8-25-98
8-4-98 - POS Mail
8-25-98 - OOC Reset 1-26-99
12-16-98 - NOH Meeting Date: 1-26-99
12-16-98 - POS Mail
1-26-99 - OOC Reset 2-23-99
2-8-99 - NOH Meeting Date: 2-23-99
2-8-99 - POS Mail
2-23-99 - OOC Reset 6-22-99
6-1-99 - NOH Meeting Date: 6-22-99
6-2-99 - POS Mail Z526-937-103
Observation: Wetland area dredged, including vegetation, and filled, creating a large
mound area out to dock and sodded.
Chairman Linebarier stated that the board has heard the testimony received in previous cases,
with the exception that Groundtek did not obtain the permit and was cited for that failure in
this case. No one from Groundtek appeared at the hearing. A discussion ensued.
Vice Chairman Lenko , seconded by Alternate Member Hall, moved to find the respondent in
Case 97-111 in violation of LDR Article VII, Section 7-4B and City Codes 51-21A, B as of 10-
18-97 and respondent has until June 25, 1999, to comply or forfeit $250.00 per violation per
day. Motion carried 6-0.
Case 99-109, Erick and Yves Rose Franklin, 2368 Blake Way Officer Loeffler
Violation cited: Section 119-2 - REPEAT VIOLATION OF CASE #98-125
5-28-99 NOCV Re-inspection Date: 5-28-99
5-28-99 - SOV
5-28-99 - NOH Meeting Date 6-22-99
5-28-99 - POS Delivery by E. Loeffler
Observation: Operating two businesses without an occupational license: "Kitchen
Magic" and "Surface Doctor" .
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. He
stated that this was a repeat violation of Case 98-125, and that this violation came to the
attention of the City after an investigative news story by WFTV, Channel 9 television. He
presented copies of Yellow Page and invoices and showed the Board a videotape of the
investigative report.
Mr. Vince Campanelli, after having been sworn, stated that his wife called Surface Doctor on
April 1, 1999 and contracted with the company for home improvement repairs starting on
April 7, 1999. The invoice he provided to the investigating officer had the name "Surface
Doctor" along with 2368 Blake Way listed as the address.
Mr. Erick Franklin, after having been sworn, stated that he has an Orange County license and
displayed it to the Board. He stated that he is not running a business out of his home, and that
the invoices presented were fraudulent. He further stated that the phone numbers as advertised
did run into his home, but that the actual work was done at customers' homes. A discussion
ensued.
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Code Enforcement Minutes
June 22, 1999
Alternate Member Hall, seconded by Member Holmes, moved to find the respondents in Case
99-109 as repeat offenders in violation of City Code 119-2 as of May 28, 1999, and
respondents are ordered to forfeit $250.00 per day retroactive to May 28, 1999, to continue
until they are in compliance. Motion carried 5-1 with Alternate Member Godek voting no.
10 minute break was called at 9:05 p.m., and the meeting resumed at 9:15 p.m.
Case 99-091, Mahendra N. Samaroo (owner), 688 Veronica Circle Officer Loeffler
Violation cited: CC 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 Mail Z-526-939-428
5-25-99 - OOC Reset: 6-22-99
5-27-99 - NOH Meeting Date: 6-22-99
5-27-99 - POS Posted by E. Loeffler
Observation: Miscellaneous junk and debris; large pile of roofing trusses.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case and
presented pictures. He stated that the trusses have been removed but that various debris was
still present.
Mr. Mahendra N. Samaroo, after having been sworn, stated that he has repeatedly cleaned
up the property but that junk keeps getting dumped on it. He stated that the original
contractor's license expired and thus was unable to continue working on the property. He has
hired a new contractor and work on the property should resume within the next few days.
Member Holmes, seconded by Member Konicek, moved to find the respondent in Case 99-091
in violation of City Code 115-3 as of April 25, 1999, and respondent is ordered to comply by
July 9, 1999 or forfeit $150.00 per day. Motion carried 6-0.
Case 99-111, Mahendra N. Samaroo (owner), 688 Veronica Circle Officer Loeffler
Violation cited: CC 108-35
5-5-99 - NOCV Re-inspection Date: 6-7-99
6-8-99 - SOV
6-8-99 - NOH Meeting Date: 6-22-99
6-8-99 - POS posted by E. Loeffler
Observation: Partially erected structure (walls/foundation) . Walls do not have
lintel/tie beams.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case and
presented pictures. He stated that this construction site has been abandoned, and that there are
now unstable portions of the building.
Mr. Mahendra N. Samaroo, having been sworn, stated that the building has lintels but that
window forms need to be poured. He stated that original contractor's license expired and thus
was unable to continue working on the property. He has hired a new contractor and work on
the property should resume within the next few days.
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Code Enforcement Minutes
June 22, 1999
Ciry Alternate Member Hall clarified the definitions of lintel and tie beams for the board.
Code Enforcement Supervisor Simon stated that, since this is no longer a permitted
construction site, and is now a public nuisance, and stated that when the respondent obtains a
new permit he will be in compliance. A discussion ensued.
Member Holmes, seconded by Vice Chairman Lenko, moved to find the respondent in Case
99-111 in violation of City Code 108-35 as of June 5, 1999, and the respondent is ordered to
comply by July 9, 1999 or forfeit $250.00 per day. Motion carried 6-0.
Case 99-097, Johann W. and Florence L. Schoeb, (owners), 477 New Meadows Court
Officer Siegrist
Violation cited: CC 165-3
4-29-99 - NOCV Re-inspection Date: 5-17-99
5-27-99 - SOV
5-27-99 - NOH Meeting date: 6-22-99
5-27-99 - POS Mail
6-11-99 - POS Posted by R. Siegrist
6-11-99 - POS Mail/Action Management Z-526-937-111
Observation: Red Camaro on blocks, with a damaged front end and no registration tags
located on the front lawn.
Alternate Member Hall, seconded by Vice Chairman Lenko, moved that the testimony to be
received in Case 99-097 and Case 99-098 be combined and used for both cases. Motion
carried 6-0.
Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the Case and
presented pictures. The respondents did not appear.
Vice Chairman Lenko, seconded by Member Holmes, moved to find the respondent in Case
99-097 in violation of 165-3 as of May 14, 1999, but in compliance as of June 2, 1999, and no
penalty be imposed. Motion carried 6-0.
Case 99-098, Kenneth Guy, (tenant), 477 New Meadows Court Officer Siegrist
Violation cited: CC 165-3
4-29-99 - NOCV Re-inspection Date: 5-17-99
5-27-99 - SOV
5-27-99 - NOH Meeting date: 6-22-99
5-27-99 - POS Mail
Observation: Red Camaro on blocks, with a damaged front end and no registration tags
located on the front lawn.
As the testimony in Case 99-097 applied to Case 99-098 as well,
Vice Chairman Lenko, seconded by Member Holmes, moved to find the respondent in Case
99-098 in violation of 165-3 as of May 14, 1999, but in compliance as of June 2, 1999, and no
penalty be imposed. Motion carried 6-0.
Case 99-099, Richard and Erin Elliott (owners) 913 Marlene Drive Officer Siegrist
Violation cited: Section 108-12; 108-19 F; 108-23 I, 0, Q; 108-24 D
5-5-99 - NOCV Re-inspection Date: 5-19-99
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Code Enforcement Minutes
June 22, 1999
5-27-99 - SOV
5-27-99 - NOH Meeting date: 6-22-99
5-27-99 - POS Mail Certified Mail
6-11-99 - POS Posted by R. Siegrist
Observation: Did not schedule a re-inspection for the Minimum Housing Standards re-
inspection.
Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the above
Case and presented pictures. The respondents did not appear. A discussion ensued.
Vice Chairman Lenko, seconded by Alternate Member Hall, moved to find the respondents in
Case 99-099 in violation of Sections 108-12; 108-19 F; 108-23 1, 0, Q; and 108-24 D, as of
May 15, 1999 and have until June 29, 1999, to come into compliance, or forfeit $200.00 per
day. Motion carried 6-0.
Case 99-104, Thomas B. and Kim Monks (owners) 1246 Russell Drive Officer Loeffler
Violation cited: Section 165-3; 115-3
5-7-99 - NOCV Re-inspection Date: 5-24-99
5-26-99 - SOV
5-26-99 - NOH Meeting date: 6-22-99
5-26-99 - POS Mail
6-11-99 - POS Posted by E. Loeffler
Observation: Chevrolet two door with flat tires and no license tag. Pile of old
tires and wheels.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the above
Case and presented pictures. Officer Loeffler stated that the debris has been removed, but that
the vehicle is still on the property as cited. The respondents did not appear. A discussion
ensued.
Member Holmes, seconded by Member Konicek, moved to find the respondents in Case 99-
104 in violation of Section 165-3 as of May 22, 1999 and they have until June 29, 1999, to
come into compliance, or forfeit $150.00 per day. Motion carried 6-0.
Case 99-108, Vernon A. and Irene M. Welch (owners), 1400 Adair Street, Officer Loeffler
Violation cited: Section 165-3 - REPEAT VIOLATION OF CASE #98-050
5-27-99 - NOCV Re-inspection date - 5-27-99
5-27-99 - SOV
5-27-99 - NOH Meeting Date - 5-22-99
5-27-99 - POS Mail
Observation: Untagged, white Volkswagen van.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the above
Case and presented pictures. Officer Loeffler stated that the vehicle is still on the property as
cited. The respondents did not appear. A discussion ensued.
Member Holmes, seconded by Member Konicek, moved to find the respondents in Case 99-
108 in repeat violation of Section 165-3 as of May 27, 1999 and they shall forfeit $150.00 per
day effective May 27, 1999, until they come into compliance. Motion carried 6-0.
V. OTHER BUSINESS
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Code Enforcement Minutes
June 22, 1999
Chairman Linebarier stated that in Case 99-093, the respondents, Leroy and Margaret
Hettler, 1021 Caballero Road, have complied.
Member Holmes, seconded by Alternate Member Hall, moved in Case 99-109, Erick & Yves
Rose Franklin, to enter an Order Imposing Fine and Lien as of May 27, 1999. After some
discussion, motion carried 6-0.
Member Holmes, seconded by Member Konicek, moved in Case 99-108, Vernon A. & Irene
M. Welch, to enter an Order Imposing Fine and Lien as of May 27, 1999. Motion carried 6-0.
Annual Elections of Chairman and Vice Chairman: Vice Chairman Lenko, seconded by
Member Holmes, moved to nominate Chairman Linebarier as Chairman. There being no
other nominations, the motion carried by acclamation, 5-0, with Chairman Linebarier
abstaining. Chairman Linebarier accepted the position of Chairman.
Member Homes, seconded by Member Konicek, moved to nominate Vice Chairman Lenko as
Vice Chairman. There being no other nominations, the motion carried by acclamation, 5-0,
with Vice Chairman Lenko abstaining. Vice Chairman Lenko accepted the position of Vice
Chairman.
VI. COMMENTS:
Chairman Linebarier - Welcomed the new Board clerk.
Building Clerk Harris - None.
Attorney Feeney - None.
Administrative Supervisor Seaver - Stated that the shirts were ordered from a vendor that the
City no longer uses, so she has to reorder the shirts from a different vendor.
Code Enforcement Officer Loeffler - None
Code Enforcement Officer Siegrist - None
Administrative Secretary Dawson - None
Alternate Member Hall - None
Vice Chairman Lenko - Stated that she hoped that City Clerk Jean Grafton gets well soon and
that the entire board wishes her well.
Lir Member Holmes - Stated that he saw Mr. Frank Carlsson a few weeks ago and that he said
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Code Enforcement Minutes
June 22, 1999
"hi" to the entire Board and that he's in town. Member Holmes also wanted to wish everyone
a happy and safe Fourth of July weekend.
Member Konicek - None
Member Godek - None
VII. ADJOURNMENT
Member Holmes moved to adjourn the meeting. Motion carried 6-0.
Meeting adjourned at 10:35 PM.
Attest: APPROVED:
oirc,
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�1i.r�. �, .. • • _ /L• _�_�
`o`-1 ;L? iu ding Clerk john inebarier, Chairman
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Marisa Dawson, Administrative Secretary
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