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03-28-1995 Minutes fitry MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON March 28, 1995 CALL TO ORDER Chairman Sills called the regular meeting of the Ocoee Board of Code Enforcement to order at 7:30 p.m. in the commission chambers of City Hall and led in the pledge of allegiance. Alternate Member Linebarier led in prayer. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Chestney, Lenko, Shagner, Alternate Members Santo and Linebarier. Also present were Attorney Cool, Building and Zoning Director Flippen, Code Enforcement Officers Braddy and Simon, Deputy Clerk Seaver and Clerk/Stenographer Lewis. ABSENT: Member Barnett (excused). Chairman Sills explained that the Code Enforcement Board was in a pilot program of taping the meeting and may be aired at a future date. APPROVALS This item consisted of the Minutes of the February 28, 1995 Code Enforcement Board meeting. Vice Chairman Carlsson, seconded by Member Lenko, moved to approve the Minutes of the February 28, 1995 Code Enforcement Board meeting as presented. Motion carried 6-0. /4416, COMMENTS FROM CITIZENS None HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING - The description of the violation(s) and the dates of inspection(s) will be given at the beginning of each case. Code representation: NOCV - Notice of Code Violation; NOH - Notice of Hearing; SOV - Statement of Violation(s); and POS - Proof of Service. 95-24, ELIZABETH SALTERS 3/8/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/23/95 POS - Delivery - 18 year old son Upon Chairman Sills' request, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Chairman Sills stated for the record that no one was present to represent the case. Officer Simon testified that Case No. 95-24 referenced 801 Sullivan Avenue. On March 8, 1995 a NOCV had been sent to the property owner, Elizabeth Salters, as identified by Orange County Tax Records, for violation of City Code Chapter 165-7 Vehicles,Abandoned. Private Property: "No person shall keep any junk/abandoned vehicle on public or private property within the corporate city limits of Ocoee." The violation was for a tan Jeep without a tag and Ms. Salters had been cited for this same violation and vehicle. On September 12, 1994 a NOH and a SOV were sent to the respondent for the Code Enforcement Board meeting on September 27, 1994, reference Case No. 94-65 and this Board issued an Order of Compliance to comply by October 11, 1994, and the property owner complied. On November 28, 1994, Code Enforcement Officer Simon Code Enforcement Board Meeting March 28, 1995 noted that the jeep was once again on the property without a tag. Upon advising the resident, Charles Friedrich, that the property would be cited as a repeat offender, Mr. Friedrich had informed Officer Simon that he was working on the jeep and would store or remove it from the property. The jeep was on the property again on March 8, 1995, and Officer Simon sent Mr. Friedrich another NOCV. As a repeat offender, the property was given the same date to comply. A re-inspection on March 13, 1995 produced a status of non-compliance. Upon re- inspection of the property on March 20, 1995, Officer Simon had spoken with Mr. Friedrich who advised her that the vehicle would be gone the next day. An inspection on March 23, 1995 produced a status of compliance as the unlicensed vehicle had been removed from the property. On March 23, 1995, a SOV and NOH were hand delivered by Officer Simon to Elizabeth Salters and Mr. Friedrich for this Board meeting. Vice Chairman Carlsson, seconded by Member Chestney, moved to fine Elizabeth Salters, Case No. 95-24, $10 a day for 15 days, from March 8 to March 23, 1995, as a repeat offender, and to impose an Order Imposing Fine and Lien at this time. Member Shagner objected and said that $10 was not very much. Mr. Friedrich was a repeat offender and this had been going on and on in the City. Member Shagner asked that the fine be changed to $20 a day. Member Alexander agreed but thought it should be $50 a day. Member Shagner, seconded by Vice Chairman Carlsson, moved to amend the motion for Elizabeth Salters, Case No. 95- 24, to find her in violation of Chapter 165-7 as of March 8, 1995, and to change the motion to read $20 a day fine for 15 days. Motion carried 4-2. Members Lenko and Alexander voted "nay." Chairman Sills then asked for the vote on the original motion as amended. Motion carried 4-2. Members Lenko and Alexander voted "nay." 95-25, GORDON SCOTT CAMP 3/8/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/23/95 POS - Mail Cert#P882-518-480 Restricted Delivery Code Enforcement Officer Simon stated that Case No. 95-25 referenced property located at 1600 Mona Avenue. Upon receipt of a complaint, an inspection by Officer Simon on March 8, 1995, found the property to be in violation of Chapter 115-2. Creation Prohibited: "No person shall dump or cause to be dumped or place or cause to be placed on any lands or premises within the City any nuisance and menace to public health." Officer Simon had observed excessive accumulation of trash, tires, wood, shopping cart, and miscellaneous debris throughout the yard. A NOCV was sent to the resident renter, Mr. Gordon Scott Camp, as identified by City water account records, and he was given until March 18, 1995, to bring the property into compliance. Officer Simon had discussed the Ordinance with Mr. Camp on March 17, 1995, explaining what was needed to bring the property into compliance. On March 20, 1995 a re-inspection of the property produced a status of non-compliance. On March 21, 1995, a SOV and a NOH for this Board meeting were sent restricted delivery to Mr. Camp from the Board Clerk Seaver. On March 22, 1995, Mrs. Camp called Officer Simon and stated that the yard would be clean by that weekend. Officer Simon had been unable to keep a tentative morning appointment for March 27, 1995, and had stopped by in the afternoon. Mrs. Camp was not there. In response to Member Alexander's 2 Lir Code Enforcement Board Meeting March 28, 1995 question, Officer Simon said that they were not in compliance. The front yard had been cleaned but a lawn mower, some toys, and metal lawn furniture were still in the yard. A video of the property in violation, made during re-inspection on March 28, 1995, was presented for the Board's review. Jo Ann Camp, 1600 Mona Avenue, was sworn in by Deputy Clerk Seaver, and said that she was trying to comply and asked what she should do to bring the property into compliance. Vice Chairman Carlsson explained that all the trash in the side yard must be removed. Mrs. Camp stated that she could comply within two days. Member Chestney, seconded by Member Alexander, moved to find Gordon Scott Camp, Case No. 95-25, in violation of Chapter 115.2 and be given until March 31, 1995 to come into compliance or impose a fine of $25 a day thereafter. Motion carried 6-0. Chairman Sills requested that Mrs. Camp notify the Building Department if she complied before the given date. AGENDA ITEM IV-L, CASE NO. 95-35, ALICIA HALLAHAN WAS CONSIDERED BEFORE ITEM IV-C AND HEARD AT THIS TIME ON THE AGENDA. Member Lenko, seconded by Vice Chairman Carlsson, moved to place Item L on the agenda between Item B and C. Motion carried 6-0. (hrw 95-35, ALICIA HALLAHAN 3/8/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-475 Chairman Sills stated for the record that no one was present to represent the case. Member Lenko said that Case No. 95-35 was also 1600 Mona Avenue, and the same as Case No. 95- 25. Officer Simon said Ms. Hallahan was the owner of the property. Mrs. Camp had no objections, and Vice Chairman Carlsson, seconded by Member Shagner, moved to find Alicia Hallahan, Case No. 95-35, in violation of Chapter 115.2 and be given until March 31, 1995 to come into compliance or impose a fine of $25 a day thereafter. Motion carried 6-0. 95-26, BETTY PEDRICK 3/8/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Delivery - Betty Pedrick Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon stated that Case No. 95-26 referred to the property identified as 41 W. Circle Key Drive. On March 8, 1995 Ms. Simon had sent the property owner, Betty Pedrick, as identified by the Orange County Tax Records, a NOCV for violation of Chapter 115- Article I Conditions constituting a nuisance: 115-2 Creation Prohibited: "No person shall dump or cause to be dumped or place or cause to be placed on any lands or premises within the City any nuisance and menace to public health, safety and welfare." Officer Simon had observed miscellaneous trash and debris in the yard that had included tires and a motor. A re-inspection of the property on March 20, 1995 produced a status of non-compliance. Improvement, however, had been made to the property. Cir 3 Code Enforcement Board Meeting March 28, 1995 On March 24, 1995 the renter requested a re-inspection that produced a status of compliance on March 27, 1995. Member Lenko, seconded by Member Alexander, moved to find Betty Pedrick, Case No. 95-26, in violation of Chapter 115-Article I and 115-2, as of March 18, 1995, but the property is in compliance as of March 27, 1995, and therefore no fine be assessed. Motion carried 6-0. 95-27, ELIZABETH CASSIDY 3/8/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-479 Chairman Sills stated for the record that no one was present to represent the case. Case No. 95-27 was the same as Case 95-26, Ms. Cassidy was the renter and Ms. Pedrick, the owner of 41 W. Circle Key Drive. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Elizabeth Cassidy, Case No. 95-27, in violation of Chapter 115-Article I and 115-2, as of March 18, 1995, but the property was in compliance as of March 27, 1995, and therefore no fine be assessed. Motion carried 6-0. 95-28, DEAN HARPER INC. 3/15/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-478 Restricted Delivery Chairman Sills said for the record that there was no one present to represent the case. Code Enforcement Officer Simon testified that Case No. 95-28 referred to the property at 118 Sandy Key Court. There had been numerous complaints that Dean Harper was operating Dean Harper Inc., a business dealing with property, rentals and property management, out of the above address. The property, zoned RT1, is not zoned for a commercial business of that type. Officer Simon had observed on several occasions that vehicles having out-of-state tags were parked outside the trailer. Renters had also informed her that they had conducted business at that address but did not want to render notarized statements. From an individual requesting a Minimum Housing Inspection on a rented trailer, Officer Simon had obtained a copy of a signed lease, for Dean Harper Inc. that document the business address as 118 Sandy Key Court. On March 13, 1995, a NOCV had been sent to the respondent for violating City Code Chapter 119-2: "It shall be unlawful for any person to engage in any business, occupation or profession within the city without a license issued hereunder ..." Officer Simon had observed Mr. Harper operating a property rental business and the Building Department records did not reflect an occupational license for that company at that address. To date, no occupational license had been rendered. On March 22, 1995, after the SOV and a NOH went out, Mr. Harper had submitted an occupational license to the Building Department for review and approval, but the license was denied by the Building Official on March 24, 1995. In the interim Officer Simon had done several inspections at the address and had observed Mr. Harper in the parking area with maintenance men. She had also observed rolls of carpet stored in the carport and a "For Rent" sign nearby with the phone number 877-9277, the number on the lease for 118 Sandy Key Court. Vice Chairman Carlsson asked for the location of the rent sign, and Officer Simon said that 4 Code Enforcement Board Meeting March 28, 1995 it was outside the carport on the property of 118 Sandy Key Court. There had been no contact with Mr. Harper. Officer Simon presented a note that Mr. Harper had left in the Building Department, which stated that he was no longer operating a business. She could not confirm that this case was in compliance. The above mentioned rent sign remained posted that day. The phone number had been cross referenced the evening of this meeting by the police department, and verified to be the number for 118 Sandy Key Court. It was not like Mr. Harper was advertising only that property. This was the same sign that has been there while Mr. Harper has been operating his rental property (his company) out of that location. Discussion ensued on the violation and for a method to verify whether the telephone was a residential or commercial listing. Chairman Sills read for the record the note "To Whom It May Concern: No rental business will be conducted from 118 Sandy Key Court. 3/27/95" and said that it is signed "Dean Harper." Attorney Cool said that the Board could consider the note as evidence based upon testimony from Ms. Seaver, and upon Chairman Sills' request, Deputy Clerk Seaver was sworn in by Clerk/Stenographer Lewis, and said that the note had been handed to her, already written, by the person known to her as Dean Harper but had not been signed in front of her. Attorney Cool said that the Board had two alternatives: 1) To find him in violation and give him until a date certain to come into compliance, and 2) To find him in non-compliance as of a certain date, in compliance as of the date of this meeting, and that no fine be imposed. The respondent would be considered a repeat violator under either of those options. Member Lenko, seconded by Member Alexander, moved to find Dean Harper Inc., Case No. 95-28, in violation of Chapter 119-2 of the City Code, and that he be given until April 4, 1995 to come into compliance or be fined $100 a day thereafter. Motion carried 6-0. 95-29, RAY HARPER TRUST AGREEMENT 3/15/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert #P882-518-477 Code Enforcement Officer Simon stated that the City had not received the Proof of Delivery on the case for 118 Sandy Key Court, and it could not be heard at this time. Vice Chairman Carlsson, seconded by Member Shagner, moved to table, at the request of the City, Case No. 95-29, Ray Harper Trust Agreement. Motion carried 6-0. Chairman Sills said the case would be tabled for the April Board meeting. 95-30, ANGEL MENENDEZ 3/9/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-476 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that, due to lack of Proof of Service, the Board could not hear Case 95-30 for 1303 Pinewood Lane. Member Alexander, seconded by Member Lenko, moved to table Case No. 95-30, Angel Menendez, until the April meeting. Motion carried 6-0. Ikbiv 5 Code Enforcement Board Meeting March 28, 1995 95-31, JOHN &/OR SHIRLEY MOORE 3/8/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-471 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that the case was in reference to the property at 578 W. Silver Star Road. On March 8, 1995, after receiving a complaint, she had inspected the property and found it in violation and sent a NOCV to the property owner, John &/or Shirley Moore, as identified by Orange County Tax Records, for violating City Code Chapter 115-3: Condition Constituting a Nuisance: "No person shall allow to be dumped,placed, accumulated or otherwise located on lands or premises owned by such person within the city any nuisance and menace to public health, safety and welfare, etc.," and Article VI 6-4(H) 5-b: "Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed twenty-four (24)feet in length or eight (8)feet in width;and further provided that said trailer shall not be parked or stored for more than forty-eight (48) hours unless it is located behind the front yard building line. A camping or travel trailer, or camper vehicle, shall not be occupied either temporarily or permanently while it is parked or stored in any residential district, except when it is located in an authorized mobile home park." Officer Simon had observed an accumulation of trash, building materials, and miscellaneous debris throughout the yard, as well as what appeared to be an occupied travel trailer on the property. Antennas and electrical extension cords were running to the trailer, and Mr. Moore was given until March 18, 1995, to bring the property into compliance. On March 20, 1995 a re-inspection of the property produced a status of non-compliance. A NOH and a SOV were sent to the respondent restricted delivery by Board Clerk Seaver. Upon re-inspection of the property on March 28, 1995, Officer Simon found the property had been cleaned up and the camper trailer removed (in compliance with Chapter 115 and Article VI respectively). Mr. Moore had apologized for letting the property go, and Officer Simon had explained to him the repeat offender status and the importance of keeping up the property. Vice Chairman Carlsson, seconded by Member Chestney, moved to find John &/or Shirley Moore, Case No. 95-31, in non-compliance as of March 18, 1995 for Chapter 115-3 Conditions Constituting A Nuisance, also Article IV 6-4(H) 5-b, and to find them in compliance as of March 28, 1995, and that no fine be imposed at this time. Motion carried 6-0. 95-32, RICHARD S. &/OR TERESSA E. ESTEY 3/9/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-472 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that, due to a lack of Proof of Service and/or Delivery, the Board could not hear Case No. 95-32 for 417 Little Spring Hill Drive. Vice Chairman Carlsson, seconded by Member Lenko, moved to table Case No. 95-32, Richard S. &/or Teressa E. Estey, at the request of the City, to the April meeting. Motion carried 6-0. 6 Code Enforcement Board Meeting March 28, 1995 95-33, HAROLD &/OR COLLEEN REEDER 3/9/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-473 Code Enforcement Officer Simon stated that Case No. 95-33 referred to the property at 1888 Jimson Avenue. After receiving a complaint of a junk vehicle, Officer Simon had inspected the property on March 8, 1995, and found it to be in violation of Chapter 165-3, Prohibited acts (a): "No person shall abandon or keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee." Officer Simon had observed a Ford truck without a current license tag that was for sale in the front yard. On March 9, 1995, the property owner, Harold &/or Colleen Reeder, as identified by the Orange County Tax Records, was sent a NOCV. A re-inspection of the property on March 20, 1995 produced a status of non-compliance. The property owners had not notified Officer Simon that a tag had been procured for the vehicle and it remained parked on the front building line. A SOV and a NOH were sent restricted delivery to the property owner by Board Clerk Seaver. A re-inspection of the property on March 28, 1995 produced a status of compliance by removal of the truck. She did not observe the Ford Truck on the property. Harold Reeder, 1888 Jimson Avenue, was sworn in by Deputy Clerk Seaver, and said that someone had tried to steal the tag and he had removed it from the truck. He did not drive the truck very often and it sits in the yard. The truck has had a tag since December, 1994 and was at his Dad's. Vice Chairman Carlsson said that the truck must have a tag and be operable if it is parked on Mr. Reeder's property in the city of Ocoee. Vice Chairman Carlsson, seconded by Member Alexander, moved to find Harold &/or Colleen Reeder, Case No. 95-33, in violation as of March 19, 1995 of Chapter 165-3 Prohibited acts (a) and find him in compliance as of March 28, 1995, and that no fine be imposed at this time. Motion carried 6-0. Vice Chairman Carlsson advised Mr. Reeder that he would be a repeat offender and the fine would automatically start the day the Code Enforcement Officer had written the NOCV. 95-34, RAMCHARRAN RAM &/OR LELOUTIE RAM 3/9/95 NOCV - Re-inspection Date:3/20/95 3/21/95 NOH - Board Meeting Date:3/28/95 3/21/95 SOV 3/22/95 POS - Mail Cert#P882-518-474 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon stated that Case No. 95-34 referred to the property at 14 Croomia Court that had been found in violation during an inspection on March 8, 1995. On March 9, 1995, a NOCV was sent to the property owner, Ramcharran Ram &/or Leloutie Ram, as identified by Orange County Tax Records, for violation of Article VI 6-4 (H) 5-b: "Not more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted, and said trailer shall not exceed twenty-four(24)feet in length and eight (8)feet in width;and further provided that said trailer shall not be parked or stored for more than forty-eight (48)hours unless it is located behind the front yard building line. A camping or travel trailer, or camper vehicle, shall not be occupied either temporarily or permanently while it is parked or stored in any residential district, except when it is located in an authorized mobile home park." A boat Code Enforcement Board Meeting March 28, 1995 on a hauling trailer had been observed parked in the front driveway. On March 20, 1995, a re- inspection of the property produced a status of non-compliance. On March 21, 1995 a SOV and a NOH were sent to the property owner, restricted delivery, by the Board Clerk Seaver. Officer Simon said that the property owner had called on March 22, 1995 to explain that the boat was parked in his back yard, and that some people involved with the neighborhood had come by his house and told him that he couldn't park it in the rear yard but he could park it in the front yard. Officer Simon had explained to Mr. Ram the details of Article VI and had informed him that he could not leave the boat on the hauling trailer in the front yard or park it in the driveway. Mr. Ram had asked if the boat could be parked in the rear yard and Officer Simon had told him that he must check with his homeowners association as to their restrictions. A re-inspection of the property on March 28, 1995 produced a status of non-compliance. A video of the property in violation was shown for Board review. Alternate Member Santo testified that she is the President of the Amber Ridge Homeowners Association. She said that this particular case had received three violation letters from a homeowners management company about the boat in the driveway. The Declarations, Covenants and Restrictions for Amber Ridge permit boat and trailer parking in the back yard behind a fence if they could not be seen from the roadway. The respondent did not have a fence to shield them. Vice Chairman Carlsson, seconded by Member Lenko, moved to find Ramcharran Ram &/or Leloutie Ram, Case No. 95-34, in non-compliance of Article VI 6-4 (H) 5-b, and that they be given until April 13, 1995 to come into compliance or be fined $50 a day thereafter. Motion carried 6-0. 95-35, ALICIA HALLAHAN - THIS CASE WAS HEARD BEFORE IV-C ON THE AGENDA (See page 3). OTHER BUSINESS 95-11, MARBAIS PROPERTY MANAGEMENT, INC. (101 Cypress Key Ct.) 1/7/94 NOCV - Re-inspection Date:2/6/95 2/13/95 NOH - Board Meeting Date:2/28/95 2/13/95 SOV 2/13/95 POS - Mail - Cert#P882 518 429 Card Rec'd 2/28/95 Compliance Order - Due 3/21/95 3/21/95 Affidavit of Compliance - 3/21/95 An Affidavit of Compliance was presented to the Board for this case. 95-12, WINFRED &/OR FAYE CHASTIN (606 Sanders Drive) 2/8/95 NOCV - Re-inspection Date:2/20/95 2/21/95 NOH - Board Meeting Date:2/28/95 2/21/95 SOV 2/21/95 POS - Delivery - Faye Chastin 2/28/95 Compliance Order - Due 3/14/95 3/14/95 Affidavit of Compliance - 3/14/95 An Affidavit of Compliance was presented to the Board for this case. 8 Code Enforcement Board Meeting March 28, 1995 95-16, DUGETTI'S (1402 Silver Star Road) 2/8/95 NOCV - Re-inspection Date: 2/20/95 2/21/95 NOH Board Meeting Date: 2/28/95 2/21/95 SOV 2/21/95 POS (Delivery to Business) 2/28/95 Compliance Order - Due 3/7/95 3/7/95 Affidavit of Compliance - 3/7/95 An Affidavit of Compliance was presented to the Board for this case. 95-17, REAL ESTATE DEPT. OF CUMBERLAND FARMS (1402 Silver Star Road) 2/8/95 NOCV - Re-inspection Date: 2/20/95 2/21/95 NOH Board Meeting Date: 2/28/95 2/21/95 SOV 2/21/95 POS Delivery/Mail-Cert#P882-518-452 Card Rec'd 2/28/95 Compliance Order - Due 3/7/95 3/7/95 Affidavit of Compliance- 3/7/95 An Affidavit of Compliance was presented to the Board for this case. 95-18, DAVID DINGLEY (809 Apricot Drive) 2/13/95 NOCV - Re-inspection Date: 2/21/95 2/21/95 - NOH Board Meeting Date 2/28/95 2/21/95 SOV 2/21/95 POS - Delivery by OPD - Gloria Dingley 2/28/95 Compliance Order - Due 3/14/95 3/14/95 Affidavit of Compliance - 3/14/95 An Affidavit of Compliance was presented to the Board for this case. 94-65B, KHATIB AUTO SALES (701 L. F. Roper Parkway) 9/28/94 NOCV - Inspection Date: 10/10/94 10/11/94 NOH Board Meeting Date 10/25/94 10/21/95 POS - Delivery Mail Cert#882 518 360 10/25/94 - Building Comments for Permit Application Lior 2/11/94 Compliance Order - Due 3/14/95 11/22/94 Order Imposing Fine & Lien 11/23/94 3/14/95 Affidavit of Compliance An Affidavit of Compliance was presented to the Board for this case. 94-66, DENNIS H. JONES, SR. (701 L. F. Roper Parkway) 9/28/94 NOCV - Inspection Date: 10/10/94 10/11/94 - NOH Board Meeting Date 10/25/94 10/11/94 SOV 10/11/94 POS Delivery - Mail Cert#P882 518 361 10/25/94 Building Comments Delivered 10/20/94 10/25/94 Compliance Order - 11/22/94 11/22/94 - Order Imposing Fine & Lien - 11/23/94 An Affidavit of Compliance was presented to the Board for this case. GETTINGS STUDIO, DISPUTE/FALSE ALARM FEES Chairman Sills said that for the record no one was present to represent Gettings Studio. Board Clerk Seaver said that Glen Gettings had requested a place on the agenda. The Board could continue the request to the next meeting. In response to Vice Chairman Carlsson's questions about what the City wanted the Board to do, Board Clerk Seaver said that the Code states that any dispute by the owner shall be brought before the Code Enforcement Board. Board Clerk Seaver said Mr. Gettings had not been noticed of this meeting as it had been placed on the agenda at Mr. Gettings request, and not by NOH by the City. Board Clerk Seaver said that she would contact Mr. Gettings about placement on next month's agenda. Attorney Cool said that unless this Board takes action, Mr. Gettings does owe $490 to the City, and Mr. Gettings had requested a time before the Board to present his belief that he did not owe klimr 9 Code Enforcement Board Meeting March 28, 1995 the money. As Mr. Gettings was not in attendance, the Board should not hear it until he appears to present his case. Vice Chairman Carlsson, seconded by Member Lenko, reference Mr. Gettings letter of March 3, 1995, and considering that Mr. Gettings did not appear at the meeting, moved that his request be dro. s ed at this time and the matter be turned back over to the City to do what they want at their discretion. Motion carried 6-0. COMMENTS City Manager: Not Present Code Enforcement Officers: None Police Department: None BOARD MEMBERS Member Alexander complimented the Board secretary on the new format of the minutes and the Code Enforcement people on the new forms when presenting their cases, making it easier for the Board members. Member Chestney "seconded" that. Member Chestney: None Vice Chairman Carlsson: None Alternate Santo: Thanked the Board for their interest. Member Lenko requested a review of the forms, the changes in Chapter 7, and the Hearing and Administrative Rules, and asked that it be placed on the next meeting agenda. Member Shagner asked about hearing cases out of context so that people would not be kept waiting. Chairman Sills said that it was a courtesy, and asked that it be brought to his attention when someone is waiting. He did not think the agenda should be changed if it were down by only one or two cases. Vice Chairman Carlsson said that the Board had, in the past, taken cases out of order. Alternate Linebarier said that he would be absent for the April meeting. Attorney Cool: None Chairman Sills thanked everyone for coming to the meeting. Mayor Vandergrift was invited to speak by Chairman Sills, and he apologized for not informing the Board earlier that the meeting would be video taped for possible broadcasting. He believed that broadcasting the meetings might be utilized as a deterrent and a warning to violators. Mayor Vandergrift would also like to see a fine, like court cost, levied on every fi 10 Code Enforcement Board Meeting March 28, 1995 case that made it to the Code Enforcement Board. Vice Chairman Carlsson believed that the Board could fine up to $250 per day on the first offense, and up to $500 a day on the repeat offense but did not think the Board could become involved with court costs or attorneys fees. Attorney Cool said that he would review the recent changes in the statute, the Hearing Rules, and the Administrative Rules and get back with the Board at the next meeting. In response to Mayor Vandergrift's question, Code Enforcement Officers Braddy and Simon said that fines were being collected. Discussion ensued on the costs and time that involved cases. ADJOURNMENT Vice Chairman Carlsson, seconded by Member Lenko, moved to adjourn the meeting at 9:05 p.m. Motion carried 6-0. APPROVED: Attes • ;AL Sherry Seavirleputy Clerk J. Sills, Cha' a co, Ju Lewis, Clerk/Ste ographer 11