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08-24-1999 Minutes MINUTES OF THE CITY OF OCOEE (hp, CODE ENFORCEMENT BOARD MEETING August 24, 1999 CALL TO ORDER Alternate Member Godek 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 prayer. The roll was called and a quorum declared present. PRESENT: Members Chancey, Ellison, Holmes, Konicek, Skiles, and Alternate Member Godek sitting in for Chairman Linebarier. Also present were Attorney Michael O'Quinn, Building and Zoning Official Don Flippen, Code Enforcement Supervisor Shelly Simon, Municipal Inspector Electrical Eddie Hendrix, Code Enforcement Officers Ed Loeffler and Bob Siegrist, Building Clerk Robin S. Harris, and Administrative Secretary Marisa Dawson. ABSENT: Chairman Linebarier and Vice Chairman Lenko. Both excused. APPROVAL OF MINUTES OF JULY 27, 1999, MEETING Member Chancey, seconded by Member Skiles, moved to approve the Minutes of the July 27, 1999, Code Enforcement Board meeting as presented. Motion carried 6-0. COMMENTS FROM CITIZENS Betty Gourm, of 1103 Center Street, was concerned about the condition of the streets at Pioneer Park II. Acting Chairman Godek advised her that the Code Enforcement Board does not handle street repairs, and Building and Zoning Official Flippen advised her to call the City Manager about the matter. 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. Member Chancey, seconded by Member Ellison, moved that Cases 99-116, 127 and 117 be moved to the top of the agenda, to be heard in that order. Motion carried 6-0. Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code Enforcement Officers Loeffler and Siegrist. Case 99-116, Dean Harper, Inc. 50% Interest and Denver R. Harper 50% Interest, 39 Eagle Key Drive. Supervisor Simon Violation cited: 69-14; 69-20 07-19-99 - NOCV Re-inspection Date: 06-21-99 07-19-99 SOV Code Enforcement Minutes August 24, 1999 07-19-99 - NOH Meeting Date: 07-27-99 07-19-99 POS Mail Z 526-937-119 07-27-99 - OOC Meeting Date: 08-24-99 07-27-99 - NOH Meeting Date: 08-24-99 07-29-99 - POS Mail Z 336-283-468 08-03-99 - POS Mail Z 336-283-562 Observation: Property owner had unlicensed person perform electrical repair which resulted in fire damage to 3 meter boxes and disconnects. Code Enforcement Supervisor Simon, having been sworn, gave a brief history of the case. Municipal Inspector Electrical Hendrix, having been sworn, stated that on Sunday, June 6, 1999, there was an electrical fire at the subject property at the electrical meter base. When he went out to inspect the meter the next morning, Monday, June 7, 1999, the meter lug had been replaced and the power had already been restored. He stated that Florida Power could not locate in its records who called to restore the service to the subject property, but that Florida Power does not do any electrical repairs. Bill Yell, electrician, of Bill's Electric Service, having been sworn, stated that on Sunday, June 6, 1999, he was called out to the subject property to look at a multi meter base that fed three mobile homes. He saw that one side of the base was burned up and a power company line was burned back. He was unable to find the parts, was subsequently called back to subject property, and saw that the lug was replaced and a wire to the meter base from the transformer was also replaced. He gave a price on repairing the units and completed the repairs. While he was doing the work, one of the occupants at unit #39 advised him and Inspector Hendrix that the maintenance man for Dean Harper was the person who had replaced the parts on the unit. Betty Gourm, of 1103 Center Street, having been sworn, stated that she is the property manager for Dean Harper, Inc., and requested a continuance on the case to better prepare their case. Attorney O'Quinn asked Ms. Gourm if she had any letter of authorization to represent the respondents in this matter. Jackie Harper, Secretary of Dean Harper, Inc., of 4114 Apopka Vineland Road, Orlando, having been sworn, stated that she authorized Ms. Gourm to appear on behalf of Dean Harper, Inc. Betty Gourm stated that there was a fire on June 6, 1999. She stated that prior to that there were several transformers blowing up in the trailer park, and that Jeffrey May, Dean Harper's maintenance man was not on the subject property on June 6, 1999, because he was at a party all day. She further stated that Rich Frasier, an engineer with Florida Power, came out to the subject property and said that the second fire was caused by the electrical wire run by the Florida Power technician. The Board questioned Ms. Gourm as to who completed the repair and who called Florida Power to restore the power. Ms. Gourm stated that she did not know who did the repair, but that Dean Harper had only one maintenance man at that time. 2 Code Enforcement Minutes August 24, 1999 Member Ellison stated that more information from Florida Power is needed to determine who did the repairs. Attorney O'Quinn advised the Board that they are not bound by the Florida Rules of Evidence, so the hearsay rule does not apply. He also advised the Board that the standard of proof to make a decision is a preponderance of the evidence based upon whether it is competent and substantial. The Board questioned staff and witnesses. Ms. Gourm stated that she was there, and the only person who ran a line or touched anything to do with the meters on June 6 was Florida Power. She stated that the Florida Power repair man told her that he really shouldn't run the wire, but that since it was a weekend and these people were going to be without power, he would go ahead and do so. She stated that she did not call Florida Power. A discussion ensued. Jeffrey May, maintenance man for Dean Harper, Inc., of 98 East Circle Key Drive, having been sworn, stated that Ms. Gorum called him on June 6, 1999 about the fire, but that he was busy and did not go to the subject property. He stated that he did not know who called Florida Power. Member Chancey, seconded by Member Skiles, moved that Case 99-116 be continued until the September 28, 1999, meeting for additional testimony from Florida Power representatives or rnow any other source. Motion carried 6-0. Case 99-127, Bernice Peoples, 6761 Lumberjack Lane Officer Loeffler Violation cited: 115-3; 165-3 07-08-99 - NOCV Re-inspection Date: 07-26-99 08-05-99 - SOV 08-05-99 - NOH Meeting Date: 08-24-99 08-05-99 - POS Mail Observation: Green Buick, no license tag. Old, leaking auto battery in driveway and old, auto mufflers next to house. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case and stated that the subject property is now in compliance. Bernice Peoples, after having been sworn, stated that her grandson placed the car and junk on her property and she had him remove it. Acting Chairman Godek advised Ms. Peoples that any further violations would result in her being found a repeat violator, and she could be subject to fines of up to $500.00 per day. Member Chancey, seconded by Member Konicek, moved to find the respondent in Case 99- 127 in violation of section 115-3 as of July 23, 1999, but in compliance as of July 26, 1999, and in violation of section 165-3 as of July 23, 1999, but in compliance as of August 16, 1999, iikur and no penalty be imposed. Motion carried 6-0. 3 Code Enforcement Minutes August 24, 1999 Case 99-117, Edward J. Terry Tr., c/o S. A. Tarr, 253 Ocoee-Apopka Road Officer Loeffler Violation cited: CC 108-35 06-17-99 - NOCV Re-inspection Date: 07-19-99 07-19-99 - SOV 07-19-99 - NOH Meeting Date: 07-27-99 07-19-99 - POS Mail Z-336-283-456 07-27-99 - EXHIBITS A through G 07-27-99 - OOC On Demolition 07-27-99 - COMPLIANCE ORDER Clean up property by 07-30-99 or fine of $250.00/day 07-28-99 - NOH Meeting Date: 08-24-99 07-28-99 - POS Mail Z-336-283-467 08-18-99 - AFF. OF COMPLIANCE Complied 07-30-99 Observation: Front canopy support beam bent, rear windows broken/missing. Rotted/collapsing rear canopy and rear addition, building debris littering area, rear entrance doors and frame broken/rotted. Roof damaged/rotted/leaking; holes in walls; damaged flooring/tile; exposed wiring and plumbing; water damaged interior wall/and ceiling; open panel boxes and uncovered outlets. Clerk's Note: Court Reporter Karen Jett recorded the proceedings on Case 99-117. Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case. Code Enforcement Supervisor Simon stated that Mr. Carter came into the City and spoke with zoning coordinator, Julian Harper, on August 18, 1999. He was advised to submit a written request with a survey on the subject property, so specific determinations could be made. On August 19, 1999, Mr. Carter did submit a written request, but he did not submit a survey. The building official, Don Flippen, and zoning coordinator did a physical inspection of the property, and the building official sent a letter to Mr. Ted Woodbury about the subject property on August 24, 1999. She further stated that although the building is cleaned up and secured, City staff are asking for an order of demolition under the LDC, Section 5-10(D)(2). Bob Lerner, having been sworn, stated that he was the Attorney for the beneficial interest in the property. Currently, there is a contract for sale, with two options for extensions, but they are not sure if the contract is going through, so the property owners want to bring the property into compliance. He stated the they want to start the application process, and that they would like some time to bring the building up to code and possibly ask for a variance. Don Flippen, Building and Zoning Official, stated that the survey is necessary to determine if the building is a non-conforming structure. He stated that he is unable to provide an application until this is determined, because there are different procedures for bringing a building into compliance, depending on whether the building is a conforming or non- conforming structure. He stated that the owners may also go through the variance process. A discussion ensued. T.J. Carter, 1068 Windsong Circle, Apopka, having been sworn, stated that he will order a Cry survey and believes it will take 3 to 4 weeks to get it. 4 Code Enforcement Minutes August 24, 1999 cly Member Holmes, seconded by Member Ellison, moved to grant a two month extension to the respondents in Case 99-117 to bring the building into compliance, and that this Case be continued until October 26, 1999. Motion carried 6-0. Recess 9:07 p.m. to 9:19 p.m. Case 99-115, Juan Diaz Estate, c/o Elizabeth Diaz, 1007 Sarah Lee Lane Officer Siegrist Violation cited: 108-23 0, N(1) , S;108-24 D; NEC 370-25; 108-12 D 06-30-99 - NOCV Re-inspection Date: 07-13-99 07-14-99 - SOV 07-14-99 - NOH Meeting Date: 07-27-99 07-14-99 - POS Mail 07-27-99 - OOC 07-29-99 - NOH Meeting Date: 08-24-99 07-29-99 - SOV 07-29-99 - POS Posted Observation: Did not schedule a re-inspection for the Minimum Standards compliance. Code Enforcement Officer Siegrist having been sworn, gave a brief history of the case. The property is still in violation, and it appears that the building has been abandoned, as the lawn is uncut and there is no water service and no electrical service to the property Member Chancey, seconded by Member Skiles, moved to find the respondent in Case 99-115 in violation of 108-23 0, N(1), S; 108-24 D; NEC 370-25; 108-12 D as of July 10, 1999, and give the property owner until September 7, 1999 to comply or be fined $100.00 per day. Motion carried 6-0. Member Skiles, seconded by Member Holmes, moved that the testimony and subsequent findings in Case 99-118 and 99-119 be combined and applied to both cases. Motion carried 6- 0. Case 99-118, Sun Central Development, 740 Bluford Road Officer Siegrist Violation cited: 51-21 07-22-99 - NOCV Re-inspection Date: 07-27-99 08-03-99 - SOV 08-03-99 - NOH Meeting Date: 08-24-99 08-03-99 - POS Mail Observation: Electrical work performed on exterior rear of building without permit. Case 99-119, Mi Ranchito Meat Market, Inc., 740 Bluford Road Officer Siegrist Violation cited: 51-21 07-22-99 - NOCV Re-inspection Date: 07-27-99 08-03-99 - SOV 08-03-99 - NOH Meeting Date: 08-24-99 08-03-99 - POS Mail Observation: Electrical work performed on exterior rear of building without permit. Code Enforcement Officer Siegrist, having been sworn, gave a brief history of the case. Member Ellison, seconded by Member Konicek, moved to find the respondents in Cases 99- 5 Code Enforcement Minutes August 24, 1999 L 118 and 99-119 in violation of 51-21 as of July 25, 1999, but in compliance as of August 4, 1999, and no penalty be imposed. Motion carried 6-0. Case 99-120, Renee and Viviane H. Mestdag, 358 W. Story Road Officer Siegrist Violation cited: 108-33 A (11) 06-11-99 - NOCV Re-inspection Date: 07-07-99 08-03-99 - SOV 08-03-99 - NOH Meeting Date: 08-24-99 08-03-99 - POS Mail Observation: Did not schedule a re-inspection for the Occupational License inspection. Code Enforcement Officer Siegrist having been sworn, gave a brief history of the case Member Ellison, seconded by Member Skiles, moved to find the respondent in Case 99-120 in violation of 108-33 A (11) as of June 21, 1999, and in compliance as of August 9, 1999, and no penalty be imposed. Motion carried 6-0. Case 99-122, Isabel E. Freeman, 161 W. Silver Star Road Officer Loeffler Violation cited: 108-19 I; 108-22; NEC 110-12 A; 108-12 07-08-99 - NOCV Re-inspection Date: 07-27-99 08-03-99 - SOV 08-03-99 - NOH Meeting Date: 08-24-99 08-03-99 - POS Mail Observation: Did not schedule a Minimum Housing Standards re-inspection. Code Enforcement Officer Loeffler having been sworn, gave a brief history of the case. Member Holmes, seconded by Member Ellison, moved to find the respondent in Case 99-122 in violation as cited as of July 18, 1999, and in compliance as of August 12, 1999, and no penalty be imposed. Motion carried 6-0. Member Skies, seconded by Member Holmes, moved that the testimony and subsequent findings in Case 99-123 and 99-124 be combined and applied to both cases. Motion carried 6- 0. Case 99-123, Juan and Garciela Lopez, 146 E. Circle Key Drive Officer Siegrist Violation cited: NEC 440 B. 440-11 and 14 07-13-99 - NOCV Re-inspection Date: 07-29-99 08-03-99 - SOV 08-03-99 - NOH Meeting Date: 08-24-99 08-03-99 - POS Mail 08-11-99 - POS Posted Observation: Did not comply with Minimum Housing Standards re-inspection. Case 99-124, Armando Flores, 146 E. Circle Key Drive Officer Siegrist Violation cited: NEC 440 B. 440-11 and 14 07-13-99 - NOCV Re-inspection Date: 07-29-99 08-03-99 - SOV 08-03-99 - NOH Meeting Date: 08-24-99 08-03-99 POS Mail 6 Code Enforcement Minutes August 24, 1999 08-11-99 - POS Posted Observation: Did not comply with Minimum Housing Standards re-inspection. Code Enforcement Officer Siegrist having been sworn, gave a brief history of the case. Member Ellison, seconded by Member Holmes, moved to find the respondents in Cases 99-123 and 99-124 in violation as cited as of July 31, 1999, and in compliance as of August 10, 1999, and no penalty be imposed. Motion carried 6-0. Case 99-131, Michael A. Fleury, 1902 Shari-Lynn Terrace Officer Loeffler Violation cited: 108-22; 108-23 R(2) ; 108-12 D 07-21-99 - NOCV Re-inspection Date: 08-03-99 08-05-99 - SOV 08-05-99 - NOH Meeting Date: 08-24-99 08-05-99 - POS Mail Observation: Did not schedule a re-inspection for Minimum Housing Standards compliance. Code Enforcement Officer Loeffler having been sworn, gave a brief history of the case. Member Holmes, seconded by Member Ellison, moved to find the respondent in Case 99-131 in violation as cited as of July 31, 1999, and in compliance as of August 10, 1999, and no penalty be imposed. Motion carried 6-0. OTHER BUSINESS Member Holmes, seconded by Member Chancey, moved in case 99-111, Mahendra N. Samaroo, to enter an Order Imposing Fine and Lien. Motion carried 6-0. Member Holmes asked about compliance on Case 99-027. Member Holmes, seconded by Member Ellison, moved in case 99-109, Erick and Yves Rose Franklin, to enter an Order of Continuance until October 26, 1999 until the staff is ready to present the case and applicable law to the Board. After some discussion, motion carried 6-0. COMMENTS: Acting Chairman Godek stated that Alternate Member Hall resigned for personal reasons, and the Board is sorry to see him go. Member Chancey stated that the new shirts look great. Bruce Holmes stated that Acting Chairman Godek did a great job tonight. He wished everyone a happy and safe Labor Day weekend, and that he would be late to next month's meeting 7 Code Enforcement Minutes August 24, 1999 firkw No other comments from the Board or Staff. Member Holmes, seconded by Member Skiles, moved to adjourn the meeting. Motion carried 6-0. Meeting adjourned at 10:09 PM. Attest: APPROVED: 4..11.,112‘41V,f , r /(4--zs.---" A,/"Mr in a Inlirirlii g Clerk Robert Godek, Acting Chairman / Marisa Dawson, Administrative Secretary L L 8