11-23-1999 Minutes MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
November 23, 1999
CALL TO ORDER
Chairman Linebarier called the regular meeting of the Ocoee Code Enforcement Board to
order at 7:30 p.m. in the Commission Chambers of City Hall and led the invocation and the
Pledge of Allegiance. The roll was called and a quorum declared present.
PRESENT: Chairman Linebarier, Vice Chairman Lenko, Members Chancey, Ellison and
Konicek, and Alternate Members Godek and Solomon. Also present were
Attorney Michael O'Quinn, 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 Holmes and Skiles (both excused).
APPROVAL OF MINUTES OF OCTOBER 26, 1999, MEETING
Vice Chairman Lenko, seconded by Member Konicek, moved to approve the Minutes of the
October 26, 1999, Code Enforcement Board meeting as presented. Motion carried 7-0.
COMMENTS FROM CITIZENS
Bill Simon wished everyone Happy Thanksgiving.
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 Member Chancey, moved that Case 99-153 be dismissed
at the request of the City and Case 99-160 be continued until the January 25, 2000 meeting.
Motion carried 7-0.
Building Clerk Harris administered the oath to Code Enforcement Supervisor Simon and Code
Enforcement Officers Loeffler and Siegrist.
Case 99-143, Christopher A. and Elena Wagner, 1103Caballero Road Officer Loeffler
Violation cited: 108-22; 108-23 E(2) ; 108-24 D; NEC 370-25; 108-12 D
09-10-99 - NOCV Re-inspection Date: 09-23-99
09-24-99 - SOV
09-24-99 - NOH Meeting Date: 10-26-99
09-24-99 - POS Mail Z 057 388 046
10-26-99 - OOC Meeting Date: 11-23-99
11-15-99 - POS Hand delivery by OCPD Sgt. Combs
11-16-99 - POS Hand delivery by OCPD Ofc. Fisher
Observation: Did not schedule a re-inspection to verify correction for Minimum
Housing Standards compliance.
Code Enforcement Minutes
November 23, 1999
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
Member Chancey, seconded by Vice-Chairman Lenko, moved to find the respondents in Case
99-143 in violation as of September 20, 1999, and give the property owners until December 7,
1999 to comply or be fined$150.00 per day. Motion carried 7-0.
Case 99-154, James Earl and Connie M. Elmore, 35 Eagle Key Court Officer Loeffler
Violation cited: 115-3; 115-5
09-13-99 - NOCV Re-inspection Date: 09-28-99
10-14-99 - SOV
10-14-99 - NOH Meeting Date: 10-26-99
10-14-99 - POS Mail Z 057-388-058
10-26-99 - OOC Meeting Date: 11-23-99
11-16-99 - POS Hand delivery by Officer Loeffler
Observation: Miscellaneous junk/auto parts littering yard, overgrown grass/weeds.
Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the
property is in compliance as of November 11, 1999.
Member Ellison, seconded by Member Konicek, moved to find the respondents in Case 99-154
in violation as of September 23, 1999, but in compliance as of November 11, 1999 and no fine
or penalty be imposed. Motion carried 7-0.
Case 99-157, Kash-N-Karry, 23 W. Silver Star Road Officer Loeffler
Violation cited: LDR Article VIII 8-6 A(1)
08-25-99 - NOCV Re-inspection Date: 10-5-99
10-14-99 - SOV
10-14-99 - NOH Meeting Date: 10-26-99
10-14-99 - POS Mail Z 057-388-061
10-26-99 - OOC Meeting Date: 11-23-99
11-02-99 - POS Hand delivery on 11-1-99
Observation: Store has erected large banner signs.
Officer Loeffler, having been sworn, gave a brief history of the case, and stated that the
property is in compliance as of October 25, 1999.
Chairman Linebarier stated that he had a real problem with this case, since Kash-N-Karry
knew in August that they had to comply with the City Code and promised to do so, but then
failed to comply until October 25. A discussion ensued.
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Vice-Chairman Lenko, seconded by Member Chancey, moved to find the respondents in Case
99-157 in violation as of August 28, 1999, but in compliance as of October 25, 1999 and no
fine or penalty be imposed. Motion carried 6-1 with Chairman Linebarier voting against.
Case 99-159, Roger C. Freeman, 114 E. Circle Key Drive Officer Siegrist
Violation cited: 108-23 G; 108-23 M (1 & 2)
09-13-99 - NOCV Re-inspection Date: 10-15-99
10-27-99 - SOV
10-27-99 NOH Meeting Date: 11-23-99
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Code Enforcement Minutes
November 23, 1999
10-27-99 - POS Mail Z 057-388-061
Observation: No front door knob and grass growing on porch roof - unsafe for
structural supports.
Officer Siegrist, having been sworn, gave a brief history of the case, and stated that the
property is in compliance as of November 11, 1999.
Vice-Chairman Lenko, seconded by Alternate Member Solomon, moved to find the
respondents in Case 99-159 in violation as of October 13, 1999, but in compliance as of
November 11, 1999 and no fine or penally be imposed. Motion carried 7-0.
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
08-19-99 - AFF. OF COMPLIANCE Complied 07-30-99
08-24-99 - OOC Meeting Date: 10-26-99
09-13-99 - POS Mail Z-057-388-040
10-26-99 - EXHIBITS "A"
10-26-99 OOC Meeting Date: 11-23-99
11-01-99 - POS Mail Z-333-613-710
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.
Code Enforcement Supervisor Simon, having been sworn, gave a brief history of the case.
She stated that the property owner has complied with the requests of the building official,
therefore, the building official is satisfied that the property no longer needs to be condemned
and thus withdraws the City's request for an order of demolition. She responded to questions
by the Board about the maintenance of the current condition of the property. A discussion
ensued.
Alternate Member Godek, seconded by Member Chancey, moved to dismiss the request for a
demolition order in Case 99-117 at the City's request. Motion carried 6-1 with Vice-
Chairman Lenko voting against.
Case 99-152, Clara R. Amic Life Estate, REM; Cathy Jo Piroth, and Charlene McCrea,
330 Spring Bluff Court Officer Siegrist
Violation cited: 115-5 A, B & C; 115-6
08-10-99 - NOCV Re-inspection Date: 09-30-99
10-07-99 - SOV
10-07-99 NOH Meeting Date: 10-26-99
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Code Enforcement Minutes
November 23, 1999
10-07-99 - POS Mail Z 057 388 056
10-26-99 - Comp. Order Comply with 115-6 by 11-2-99 or $250 per day fine
11-09-99 Aff. Of Non-Compliance Reinspection on 11-09-99
Observation: Grass over ten inches in the backyard and side yard. Dirty swimming pool
water.
Officer Siegrist, having been sworn, gave a brief history of the case. He stated that the grass
has been cut, but that the owners are still in non-compliance on the swimming pool water.
Member Chancey, seconded by Member Ellison, moved to find the respondents in Case 99-
152 in violation of 115-5 A, B & C as of September 14, 1999 and in compliance as of October
15, 1999 and assess no penalty; and to find the respondents in violation of 115-6 as of
September 14, 1999 and to give the respondents until November 3, 1999 to comply or be fined
$250.00 per day. Motion carried 7-0.
Case 99-155, Elizabeth Cassidy (tenant), 35 Eagle Key Court Officer Loeffler
Violation cited: 115-3; 115-5
09-13-99 - NOCV Re-inspection Date: 09-28-99
10-14-99 - SOV
10-14-99 - NOH Meeting Date: 10-26-99
10-14-99 - POS Mail Z 057 388 059
10-26-99 - COMP ORDER Comply by 11-2-99 or pay $100 per day
11-09-99 - AFF Affidavit of Non-compliance - reinspected 11-09-99
Observation: Miscellaneous junk/auto parts littering yard, overgrown grass/weeds.
Officer Loeffler, having been sworn, gave a brief history of the case. He stated that the
respondent is in compliance as of November 11, 1999.
Chairman Linebarier, seconded by Vice-Chairman Lenko, moved to find the respondent in
Case 99-155 in compliance as of November 11, 1999 and reduce the fine from $800.00 to zero.
Motion carried 7-0.
Case 99-142, Robert T. and Virginia T. Caldwell, 5148 Wood Ridge Court
Officer Loeffler
Violation cited: 108-23 I; 54-3 A (1) & D; NEC 440-11; 108-12 D
09-10-99 - NOCV Re-inspection Date: 09-23-99
09-24-99 - SOV
09-24-99 - NOH Meeting Date: 10-26-99
09-24-99 - POS Mail Z 057 388 045
10-26-99 - COMP ORDER Comply by 11-09-99 or $100.00 per day
11-10-99 - AFF Affidavit of Non-compliance
Observation: Did not schedule a re-inspection to verify correction for Minimum
Housing Standards compliance.
Code Enforcement Officer Loeffler, having been sworn, gave a brief history of the case.
Member Chancey, seconded by Member Konicek, moved in Case 99-142 to impose a fine and
lien for the violation as cited as of November 10, 1999. Motion carried 7-0.
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Code Enforcement Minutes
November 23, 1999
OTHER BUSINESS
None.
COMMENTS:
Mayor Vandergrift wished everyone a happy and safe Thanksgiving. He stated that he
appreciated everyone who took the time to attend the code enforcement forum and that he
would like to see staff suggest adoption of various policies. He also welcomed Member
Solomon to the Board.
Supervisor Simon stated the City of Orlando has an enforcement chapter that makes any
ordinance violation an arrestable offense. A discussion ensued about the adoption and
implementation of a similar enforcement provision and using the citation method to handle
code enforcement.
A member of the public, Renette Paul, asked if there was a maximum amount on a fine and
lien. She was advised that there are no limits. A discussion ensued about various properties
and fines and liens for each.
Attorney O'Quinn presented a memo to the Board written by Attorney Feeney addressing the
questions posed by the Board at the October 26, 1999 meeting concerning various scenarios
kir about members voting on issues. He explained the memo at length.
Chairman Linebarier asked the Mayor about candy for the members. Mayor Vandergrift
responded that there is no more candy due to budget cuts.
Code Enforcement Officer Siegrist wished everyone a great, safe holiday.
Administrative Secretary Dawson stated that there is also an ant problem on the dais due to
candy.
Member Ellison wished everyone a happy thanksgiving and a very merry Christmas.
Vice-Chairman Lenko wished everyone a safe holiday.
Alternate Member Solomon stated that he learns something new every time he attends and
that he appreciates it. He also wished everyone a good holiday.
Chairman Linebarier stated that he has been here 18 years and he is still learning something
at every meeting he attends.
Member Konicek wished everyone a safe holiday.
No other comments from the Board or Staff.
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Code Enforcement Minutes
November 23, 1999
Meeting adjourned at 8:48 PM.
Attest: APPROVED:
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ng Clerk ;John H. Linebarier, Chairman
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Marisa Dawson, Administrative Secretary
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