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06-27-1995 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON June 27, 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 Barnett, Chestney, Lenko, Shagner, and Alternate Members Linebarier and Santo. Also present were Attorney Cool, Building Official Flippen, Code Enforcement Officers Braddy and Simon, Deputy Clerk Seaver and Clerk/Stenographer Lewis. ABSENT: Members Alexander (excused). CHAIRMAN SILLS SAID THERE HAD BEEN A REQUEST THAT KHATIB AUTO SALES, INC., CASE No. 94-65B AND CASE No. 94-66,BE PLACED ON THE AGENDA, UNDER ITEM V. OTHER BUSINESS, D. APPROVALS This item consisted of the Minutes of the May 23, 1995 Code Enforcement Board meeting. Clerk/Stenographer Lewis explained that an error on page 4, 95-68, Wiggins, James E. &/or Nancy, and Case No. 95-61, had been corrected on the final copy for the minute book to read 95-69. Vice Chairman Carlsson, seconded by Member Chestney, moved to approve the Minutes of the May 23, 1995 Code Enforcement Board meeting, as amended. Motion carried 7-0. 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. 95-37, THOMAS JOHN WISE 3/17/95 NOCV - Re-inspection Date:3/27/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOW 4/18/95 POS - Mail Cert#P882-518-490 Rec'd 4-28-95 4/25/95 Order of Continuance- Date:5/23/95 5/17/95 NOH - Board Meeting Date:5/23/95 5/17/95 POS - Mail Cert#P882-518-491 5/23/95 Order of Continuance-Date:6/27/95 5/25/95 NOH - Board Meeting Date:6/27/95 5/18/95 Proof of Posting At the request of Chairman Sills, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Code Enforcement Officer Simon said that Case No. 95-37 referenced property at 81 Siesta Key Court. On March 17, 1995, an NOCV was sent to the tenant, Thomas John Wise, as identified by City Water Account Records. Mr. Wise was cited for violation of Chapter 108-23 General Requirements for the exterior of structures: (B)Skirting: "Existing skirting shall be maintained free from broken or missing sections, pieces or cross members." Chapter 108-23 (1) Windows: "Windows; every Code Enforcement Board Meeting June 27, 1995 window shall be substantially weather-tight, water-right and rodent proof and shall be kept in sound working condition and good repair." Chapter 108-23 (0): "Dwelling units without functioning central air-conditioning systems shall have screens on all operable windows and doors used or required for ventilation. Screens shall be stretched and fitted and maintained without open rips or tears." Officer Simon said that Mr. Wise was given until March 27, 1995 to come into compliance. On March 27, 1995, a re-inspection of the property produced a status of non-compliance. Mr. Wise was mailed an SOV and an NOH to the April, 1995 Board meeting by the Clerk of the Board, restricted delivery. The case was not heard at the meeting due to non-proof of service on the delivery. It was continued until the May, 1995 Board meeting and again was not heard for the same reason. The property was then posted pursuant to Chapter 7-10, City Code of Ordinances for this Code Enforcement Board meeting. All the violations were now in compliance. The property had been posted and the case was before the Board because of the Continuance. Officer Simon could not give an exact date for compliance. The property had continued to be in non-compliance through the May meeting but there had been notable improvement on a weekly basis with the skirting and the cleaning of the patio. After new windows and screens had been put in, Ms. Pedrick, the lot owner, had appeared before the Board and had been given a compliance date. Several days after the meeting, everything had been done with the exception of one window. The respondent had been waiting for the glass to be cut for the window. Thomas John Wise, 81 Siesta Key Court, was sworn in by Deputy Clerk Seaver, and said that Now he worked out of town a lot and was there only on weekends. He had called Officer Simon several times in an attempt to get an extension on the compliance date. Mr. Wise stated that he could fix only as much as the money allowed but with the exception of the one window, he had taken care of everything as of Ms. Pedrick's compliance date. Discussion ensued on whether a fine and lien had been placed against the owner of the property. Member Lenko, seconded by Member Carlsson, moved to fmd Thomas John Wise, Case No. 95-37 in violation of Cha I ter 108-23 B skirtin. Chas ter 108-23 I windows Chas ter 108-23 (0) as of March 27, 1995 but in com'Hance as of June 27, 1995 and that no fine be im i osed. Motion carried 7-0. Vice Chairman Carlsson informed Mr. Wise that should he be found in violation again that he would be cited as a repeat offender. 95-57, RICHARD AND/OR HAZEL M. THIBODEAU 4/4/95 NOCV - Re-inspection Date:4/14/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail- Cert#P882-518-500 4/25/95 Order of Continuance- 5/23/95 5/5/95 Rec'd Back P882-518-500 (Unclaimed- Does not 5/23/95 Order of Continuance- 6/27/95 not live there.) 5/23/95 NOH - Board Meeting Date: 6/27/95 6/18/95 Proof of Posting Chairman Sills said for the record that no one was present to represent this case. Code Enforcement Officer Simon testified that Case No. 95-57, Richard and/or Hazel M. Thibodeau, as identified by Orange County Tax Records, referred to property at 102 Security Circle. The respondents were sent an NOCV for 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 2 Code Enforcement Board Meeting June 27, 1995 and menace to public health." Trash had been observed that included large piles of tires. Chapter 165- 3: "No person shall keep any junk vehicle on any public property or any private property within the corporate limits of the City of Ocoee." An untagged and inoperable El Camino had been observed on the property, and the property owner had been given until April 14, 1995 to bring the property into compliance. A re-inspection of the property on April 14, 1995 produced a status of non- compliance with the aforementioned ordinance, and on April 14, 1995, an NOH and an SOV were sent to the property owner by the Clerk of the Board, restricted delivery, for the May Board meeting. Due to a lack of proof of service the case was then continued. The Orange County Tax Records reflect 102 Security Circle as being the property owner's address but the property owner no longer lived there, and no forwarding address was found in the City's Utility files. The City did not have an address on them. Pursuant to Chapter 7-10, Officer Simon had posted both the property and City Hall with a Statement of Violation and Notice of Hearing to this Board meeting. As the Board considered this case, a lengthy discussion ensued about the responsibility/liability of tenant and property ownership. Vice Chairman Carlsson had asked if anyone was living there, and Officer Simon stated that the Board had heard the case on the renter, Mary Brunelle, who had come to the Board, testifying that she had inherited the El Camino. There had been no further contact from Ms. Brunelle. Officer Simon said that the owner had been cited on the original citation. As explained earlier in the meeting, that mail had been returned. The tenant had informed Ms. Simon that the respondents did not live there, and that she paid her rent to a City employee who watched the property because the owners lived out of state. In response to Mr. Carlsson's question as to whether the City inspector could bring the tenant before the Board, or require the tenant to tell who is collecting the rent so the City could track down the owner, Attorney Cool said that the City could subpoena someone to testify before the Board. Attorney Cool said that the trash issue part of the violation had been satisfied. A person had already appeared before the Board who had admitted that the junk vehicle (El Camino) was theirs, and that they were the ones that were in violation. Mr. Cool did not know how the Board could find the property owner in violation because of the El Camino unless their thinking was different. Several members once again questioned the interpretation on the responsibility/liability of the property owner. Member Barnett asked who was responsible if it wasn't the property owner for what goes on, on their property. Member Lenko asked how it differed from someone showing up and saying "It's my land but it's not my trailer." Attorney Cool presented an example where the property owner is cited, and the property owner comes before the Board, bringing a lease document and proving by testimony that the responsibility for the trash is the tenant, then the fault would be with the tenant. He said that normally the situation is that people show up and have no proof. cow 3 Code Enforcement Board Meeting June 27, 1995 Just because it's not clear under their lease whose responsibility it is, then it's perfectly legal to cite both. Mr. Cool said further that however, if there is a situation where people come before the Board and present testimony showing that it's one or the other who is the person in violation, he believed that you would have to go with that person as the violator. Officer Simon explained that the biggest violators were in the trailer parks and asked for clarification on whom she should be citing in reference to a mobile home or a vehicle. Both were considered, by the State of Florida, to be motor vehicles, registered through DMV. There was no difference between them until a mobile home owner set a mobile home on his own lot, then it becomes real property. Until then, it's construed by the State to be the same thing as a junk vehicle. Attorney Cool believed the distinction is that it was good strategy to cite both and get them before the Board. He said that he had been thinking in terms of the El Camino being on the right-of-way. Officer Simon said that they did not address any problems on public rights-of-way, as those were turned over to the Police Department. Also, Attorney Cool did not want the Members getting into the habit of automatically seeing whatever happens here on someone's property is their responsibility when technically it's not that cut and dried. There were situations where that was not the case. Member Chestney asked what the Board should do since the City could not find or serve the property owners. Attorney Cool said that it had been posted, and the posting, under the new rules, is acceptable. Member Lenko said that the cars had been covered and then she questioned the different trash, and Officer Simon said that it was different as she had testified that the trash had been cleaned up. Attorney Cool confirmed that this had to be re-cited for the trash issue. Vice Chairman Carlsson moved to find Richard &/or Hazel Thibodeau, Case No. 95-57, in violation of Chapter 115-2 and Chapter 165-3, and give them until July 3, 1995 to come into compliance or be fined $50 a day thereafter. Member Lenko disagreed as the respondents must be re-cited for the trash and must be removed from the motion. Vice Chairman Carlsson withdrew the motion. Vice Chairman Carlsson, seconded by Member Shagner, moved to find Richard &/or Hazel Thibodeau Case No. 95-57, in violation of Chapter 165-3, the untaged El Camino on the property, and give them until July 3, 1995 to remove same vehicle or be fined $100 a day thereafter. Alternate Member Linebarier, from the audience, questioned whether the Board should find the respondents in violation of Chapter 115 as Officer Simon had testified that they were in violation of 115 and had complied on a given date. He said the Board could not leave the violation hanging and must dispose of the violation. Officer Simon explained that the respondent had originally been cited for the Chapters 115, the junk and the trash, and 165, the junk vehicle. A case number had been issued, an SOV and NOH were sent to the respondent for both violations but they had come into compliance with the trash before the meeting. The Cisw 4 Code Enforcement Board Meeting June 27, 1995 tenant had been in non-compliance for the one thing but in compliance by the meeting for the trash, and they were still in non-compliance for the car, El Camino, when they came to the Board. Attorney Cool said that his opinion was that when the City stands up and says it's in compliance, they're basically withdrawing their case as to that citation. Alternate Member Linebarier again questioned the motion regarding both Chapter 115 and Chapter 165. Vice Chairman Carlsson withdrew his motion again. Attorney Cool suggested two motions. Mr. Carlsson then decided to leave the motion and make another one after a vote was taken on the first. Motion carried 7-0. Vice Chairman Carlsson. seconded by Member Barnett. moved to find Richard &/or Hazel Thibodeau, Case No. 95-57, in violation of Chapter 115-2 "No Terson shall dum. or cause to be dumped or place or cause to be placed on any lands or premises within the City," for the trash and creation of large piles of tires, and fmd them in violation as of April 14, 1995 and in compliance as of June 27, 1995, and that no fine be imposed at this time. Motion carried 7-0. Vice Chairman Carlsson asked if the City could subpoena someone to come in and testify that they had information on where to fmd the owner, and Attorney Cool said there is a procedure to subpoena people to come before this Board and give testimony. The City or the Board could request the subpoena. Vice Chairman Carlsson requested that Mary Brunelle at 102 Security Circle, be subpoenaed to let the Board know who she is paying rent to so as to get the proper address of the owner of the land. Deputy Clerk Seaver asked why Ms. Brunelle could not be asked to provide that information. Officer Simon said that she would send a letter to that address, requesting the information, and would also stop by the property. Vice Chairman Carlsson withdrew his motion. (Clerk's Note:This refers to his request to subpoenae Mary Brunelle.) Attorney Cool said that the City, on its own, can subpoena people. If Officer Simon reaches the conclusion that Ms. Brunelle is not being cooperative, between now and the next Board meeting, she can put the process in motion to subpoena Ms. Brunelle. 95-67, MALDONADO, ENRIQUE AND/OR MALDONADO, NORMA 5/9/95 NOCV - Re-inspection Date:5/18/95 5/18/95 NOH - Board Meeting Date:5/23/95 5/18/95 SOV 5/19/95 POS - Mail Cert#P882-518-493 5/23/95 Order of Continuance- 6/27/95 5/25/95 NOH - Board Meeting Date: 6/27/95 6/20/95 POS - Mail/Cert#P315-759-327 Rec'd 6/3/85 Chairman Sills said for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-67 referred to the location of violation as 7 Sundial Key Drive. On May 9, 1995 Officer Simon had sent an NOCV to the property owners as identified by Orange County Tax Records, Enrique and/or Norma Maldonado, for violation of City ordinance Chapter 115-2, Creation Prohibited: "No person shall dump .... or place on any lands any nuisance or menace to public health." Trash in the yard, including a refrigerator that was stored outside, and large bags of trash, had been observed on the property. The property 5 Code Enforcement Board Meeting June 27, 1995 owners had been given until May 17, 1995 to ensure that the property that they own came into compliance. They were out of state property owners and were renting out the property. A re- inspection on May 18, 1995 produced a status of non-compliance. They were in partial compliance; the trash was gone but the refrigerator was still on the premises outside, creating a potential hazard. On May 18, 1995 an SOV and an NOH were sent to the owner by the Clerk of the Board for the May 19, 1995 meeting. Due to a lack in proof of service, the case was continued until this meeting. The property had been brought into compliance prior to the May meeting, and since this was a rental property, Officer Simon was bringing the property owner's case in front of the Board for a repeat offender status. In response to Chairman Sill, Officer Simon said that the property had come into compliance as of May 23, 1995. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Enrique Maldonado and/or Norma Maldonado Case No. 95-67 in violation of Cha.ter 115-2 Creation Prohibited, and find them in non-compliance as of May 18, 1995 but in compliance as of May 23, 1995, and that no fine be imposed at this time. Motion carried 7-0. Member Shagner said that she was afraid that a child might be hurt and suggested that the refrigerator be reported to the police. Officer Simon said it was explained to the property owner that there is a State Statute about the hazards of refrigerators, washers, dryers that are outside, and in the future they would be turned over to the Police Department for enforcement on that property. Officer Simon said that the property was also totally fenced in. csr 95-69, WIGGINS, JAMES E. &/OR NANCY 5/9/95 NOCV - Re-inspection Date:5/18/95 5/18/95 NOH - Board Meeting Date:5/23/95 5/18/95 SOV 5/19/95 POS - Mail Cert#P882-518-492 5/23/95 Order of Continuance- 6/27/95 5/25/95 NOH - Board Meeting Date:6/27/95 6/20/95 POS - Mail/Cert#P315-759-328 Rec'd 6/2/95 Chairman Sills stated for the record that no one was present to represent the case. Code Enforcement Officer Simon said that Case No. 95-69 referred to the property in violation at 78 Sand Dollar Key Drive. On May 9, 1995, an NOCV to the property owner as identified by the Orange County Tax Records, James &/or Nancy Wiggins, for violation of Chapter 165-3 Prohibited acts (a): "No person shall keep any junk vehicle on any private property within the corporate city limits of Ocoee." Two junk vehicles, a brown Buick Regal and a tan Regal, without current license tags had been observed on the property. Ms. Wiggins had been given until May 17, 1995 to ensure that the property she owned was brought into compliance. On May 17, 1995 a re- inspection of the property produced a status of non-compliance. On May 18, 1995, an SOV and an NOH were sent to the property owners, restricted delivery, by the Clerk of the Board, for the May 23, 1995 meeting. The case was continued to this Board meeting due to non-proof of service. On May 25, 1995, the property owners were sent an NOH to this Board meeting. On June 22, 1995, Officer Simon had made a Minimum Housing inspection at 78 Sand Dollar Key, and the property at that time was still in non-compliance. The brown Regal had been removed but the tan Regal, on jacks, was still located on the property. As of today's date, both vehicles had been removed from the property. As of June 22, one vehicle was there, as of June 27, 1995 Cor 6 Code Enforcement Board Meeting June 27, 1995 both vehicles were gone. Member Lenko, seconded by Member Shagner, moved to find James E. and/or Nancy M. Wiggins, Case No. 95-69, in violation of Chapter 165-3 (a) as of May 17, 1995 but in compliance as of June 27, 1995 and that no fine be assessed at this point. Motion carried 7-0. 95-70, HARPER, RAY TRUST AGREEMENT THE 5/9/95 NOCV - Re-inspection Date:5/18/95 5/26/95 NOH - Board Meeting Date:6/27/95 5/26/95 SOV 6/20/95 POS - Mail Cert#P882-518-494 Rec'd 6/1/95 Chairman Sills said for the record that there was no one present to represent the case. Code Enforcement Officer Simon testified that Case No. 95-70 referred to the property at 80 Sand Dollar Key Drive. Officer Simon said on May 9, 1995, an NOCV was sent to the property owner as identified by Orange County Tax Records, Ray Harper Trust Agreement, for violation of City Code, Chapter 54-3 Display required: responsibility for posting.:desi2n requirements: "All buildings shall have the assigned building number properly displayed... numbers shall be weather resistant... not less than three (3) inches in height and shall be of color that will contrast with the immediate background material..." The addressing was not located on the trailer and the property owner had been given until May 17, 1995 to comply. A re-inspection of the property on May 18, 1995 produced a status of non- compliance. An SOV and an NOH were sent to the property owner, restricted delivery by the Clerk of the Board, for the May 23, 1995 Board meeting. The case was continued and the property was not in compliance by the Board meeting. An NOH was sent to the property owner, restricted delivery by the Clerk of the Board, for this Board meeting. As of June 27, 1995, the violation is in compliance. Member Chestney, seconded by Member Barnett, moved to find The Ray Harper Trust Agreement, Case No. 95-70, in violation of Chapter 54-3, in non-compliance as of May 17, 1995 and in compliance as of June 27, 1995, and that no fine be imposed. Motion carried 7-0. 95-72, JEAN LEPAGE THOMAS 6/16/95 NOCV - Re-inspection Date:6/19/95 6/19/95 NOH - Board Meeting Date:6/27/95 6/19/95 SOV *Repeat Violation 6/20/95 POS - Mail Cert#P315-759-350 Chairman Sills said that for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that the Board would not be able to hear Case No. 95-72, due to non-proof of service. The representative for the property owner, who had appeared before the Board before and who has Power of Attorney, had told Officer Simon that the Post Office would not allow her to pick up the mail. Until the City can get delivery, the Board could not hear this case. The property will be posted for the next meeting. In response to Vice Chairman Carlsson, Officer Simon stated that the mail must be restricted delivery, published, or posted. Vice Chairman Carlsson seconded b Member Lenko moved to table Case No. 95-72 Jean LePa a Thomas at the re Guest of the Ci . Motion carried 7-0. 95-73, ED MULCAHY 6/16/95 NOCV - Re-inspection Date:6/19/95 6/19/95 NOH - Board Meeting Date:6/27/95 6/19/95 SOV *Repeat Violation 6/20/95 POS - Mail Cert#P315-759-349 Rec'd 6-20-95 cir 7 Code Enforcement Board Meeting June 27, 1995 Chairman Sills said that no one was present to represent the case. Code Enforcement Officer Simon testified that the respondent was being cited as a repeat violator for the property located at 510 Hill Avenue. Officer Simon said that Mr. Mulcahy, who had been before the Board before for junk, trash, and various things, started working at the flea market and taking all of his things there which had alleviated the problem for a while. Then the flea market had closed, and Mr. Mulcahy began bringing all the "stuff" back. In early June, 1995, Ms. Simon and the building official had spoken to Mr. Mulcahy about not having a garage sale on each lot. On June 5, 1995, Ms. Simon contacted the property owner and advised them that this was a repeat offender, that the neighbors were starting to complain, and that they should advise their tenant to clean up the property. On June 8, Officer Simon went to the property and spoke with Mr. Mulcahy directly on the property. He had cleaned up the area around the property which alleviated some of the complaints and the calls that she had been getting about the property. There were piles on top of piles of junk, and as she walked behind the fence with him she had observed a junk vehicle on the property. She had told him that she would be back within 30 days about the junk vehicle, that he needed to have a tag on it or remove it from the property. On June 16, 1995 an NOCV was sent to the property owner and to Mr. Mulcahy, and Mr. Mulcahy was given until the June 19 to complete the cleaning. When the flea market closed Mr. Mulcahy had brought his junk in first, then brought everyone else's, and was having a deluge flea market. On June 19, 1995, Officer Simon re-inspected the property by drive-by. Still in non-compliance, he was sent an NOH and an SOV by the Clerk of the Board, for this Board meeting. Ms. Simon said she believed that any further leniency on this property would undermine any efforts of the Code Enforcement Department. This one case had taken more time than any other property in the City. Discussion ensued on methods (foreclosure, stiff fines, liens, etc.) which might be used to resolve the junk and trash, and to discourage Mr. Mulcahy from continually being in violation. In response to Vice Chairman Carlsson, Officer Simon said that Mr. Mulcahy was not in compliance. Member Chestney, seconded by Vice Chairman Carlsson, moved to find Edward Mulcahy, Case No. 95-73, in non-compliance of Chapter 115-2 as of June 19, 1995, and be fined $250 a day thereafter as of June 19, 1995. Motion carried 7-0 . Scott Vandergrift, 2625 Cedar Bluff Lane, said that if Mr. Mulcahy was running a flea market as opposed to a garage sale, and possibly charging other people to bring their stuff, then maybe Mr. Mulcahy would need an occupational license to run a flea market. Vice Chairman Carlsson agreed, however Officer Simon said that it could not be done as it was residential. CODE ENFORCEMENT OFFICER SIMON REQUESTED TO MOVE CASE No. 94-65B (FROM OTHER BUSINESS) TO BE HEARD AT THIS TIME ON THE AGENDA. Vice Chairman Carlsson, seconded b Member Sha er moved at the re.uest of the Ci that Case No. 94-65B and Case No. 94-66 be moved to follow item H under subparagraph IV, which will make them the Carr 8 Code Enforcement Board Meeting June 27, 1995 next case. Motion carried 7-0. 94-65B, KHATIB AUTO SALES and 94-66, DENNIS H. JONES, SR. Code Enforcement Officer Simon said that the Board had already heard the cases but the respondent was here to request a reduction of fine and lien. Bill Whitacre, 17 South Magnolia Avenue, Orlando 32801, was sworn in by Deputy Clerk Seaver, and said that he was an attorney for Deacon Jones and for Khatib Auto Sales. He recapped the two cases for the Board, and asked that the Board give consideration to finalize the situation on the fine. Ms. El Thei, who owns Khatib Auto Sales, had hired a contractor to put a building on her property who had not pulled a permit or complied with the Code on building. Ms. El Thei had hired a second contractor, Bob Thornley, who had come to the City to learn what was needed to save the building and bring it into compliance. He said it had never been their intent to not be in compliance. Member Chestney asked the City what the fines were to date and was informed that it was $11,100. Chairman Sills said that they were in violation for 111 days. Deputy Clerk Seaver said that the original date was October 8, 1994. Mona El Thei, 1333 Cornerstone Court, Orlando 32805, was sworn in by Deputy Clerk Seaver, and in response to Chairman Sills, said that she had received some letters and correspondence from the City. She did not recall getting any letters about a hearing. Member Chestney said that the Board would not have heard the case if it had not been handled through the proper channels. Officer Simon said that Deacon Jones was out of town but she had hand delivered it to his secretary in his office who had said that she would be sure that he got it. In response to Vice Chairman Carlsson, Ms. El Thei looked at the signature on the POS, and said that it was her signature. Chairman Sills said to let the record show that Ms. El Thei had signed for the Certified Mail on 10/12/94. Member Chestney, seconded by Member Barnett, moved to deny the request to lift the fines in Case Nos. 94-65B and 94-66, and the fines stand as is. Motion carried 7-0. 95-74, PAUL RAY PARKER 6/5/95 NOCV - Re-inspection Date:6/16/95 6/19/95 NOH - Board Meeting Date:6/27/95 6/19/95 SOV 6/20/95 POS - Mail - Cert#P315-759-348 Chairman Sills said that Member Lenko had personal knowledge as a driveby and she will abstain from voting. For the record, Chairman Sills said that no one was present to represent the case. Code Enforcement Officer Simon testified that the Board could not hear Case No. 95-74, Paul Ray Parker, for the property at 1505 Jemima Avenue due to non-proof of service. Vice Chairman Carlsson, seconded by Member Chestney, moved, at the request of the City, to table Case No. 95-74, Paul Ray Parker, to the next meeting. Motion carried 6-0. cr. 9 Code Enforcement Board Meeting June 27, 1995 95-75, CARL H. PARKER &/OR LOUIS H. BILLINGS TRUST 6/5/95 NOCV - Re-inspection Date:6/16/95 6/19/95 NOH - Board Meeting Date:6/27/95 6/19/95 SOV 6/20/95 POS - Mail - Cert#P315-759-347 Chairman Sills said that Member Lenko was stating for the record that she had driven by this address and would abstain from voting. Code Enforcement Officer Simon testified that Case No. 95-75 was located at 1505 Jemima Avenue. On June 5, 1995, an NOCV was sent to the property owners, as identified by Orange County Tax Records, Carl Parker &/or Louis Billings Trust for violation of City Ordinance, 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." Numerous inoperable/untagged vehicles had been observed in the back yard. Chapter 115- 1 Article I: "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." Miscellaneous trash and debris had been observed in the yard. The property owner had been given until June 15, 1995 to bring the property into compliance. On June 16, 1995 a re-inspection of the property produced a status of non-compliance, and the property owner was sent an SOV and an NOH to this Board meeting by the Clerk of the Board, via restricted delivery. As of June 27, 1995, the property had been brought into compliance. All four vehicles had been removed from the property. Trash that had not been cleaned up out of the yard had been moved into the carport. Vice Chairman Carlsson asked if the product that was in the carport was acceptable, and Officer Simon said that if it is under roof that the City could not cite them for anything under roof, as it is within their premises. Member Shagner, seconded by Member Chestney, moved to find Carl H. Parker &/or Louis H. Billings Trust, Case No. 95-75, in violation of Chapter 165-3 and Chapter 115-1 Article I, as of June 16, 1995, but in compliance as of June 27, 1995, and that no fine be imposed. Motion carried 6-0. 95-76, KATHRYN L. ANDREWS 6/1/95 NOCV - Re-inspection Date:6/16/95 6/19/95 NOH - Board Meeting Date:6/27/95 6/19/95 SOV 6/20/95 POS - Mail - Cert#P315-759-351 Chairman Sills said for the record that no one was present to represent the case. Code Enforcement Officer Simon testified that the Board would not be able to hear Case No. 95-76 in reference to the property at 1101 Ridgefield Avenue. The Notice had been sent out but the respondent had not picked it up. Member Shagner, seconded by Vice Chairman Carlsson, moved, at the request of the City, to continue Case No. 95-76, Kathryn L. Andrews, until the next meeting. Motion carried 7-0. OTHER BUSINESS 95-44, RONALD J. and LARA McCLELLAN (31 Harbour Key Court) 3/14/95 NOCV - Re-inspection Date:3/28/95 4/14/95 NOH - Board Meeting Date:4/25/95 4/14/95 SOV 4/18/95 POS - Mail Cert#P882-518-484 4/25/95 Compliance Order - 5/2/95 or $100 per day thereafter 5/23/95 Question on Ownership? Research ownership 5/23/95 Notice of Dismissal A Notice of Dismissal was presented to the Board for this case. 10 Code Enforcement Board Meeting June 27, 1995 ADMINISTRATIVE AND HEARING RULES Attorney Cool reported that the Board Members had received in their Board packet the revised Administrative Rules and Hearing Rules, and asked if there were any questions. Member Lenko, seconded by Member Shagner, moved to accept the changes to the Administrative Rules and Hearing Rules made by Attorney Cool in his memorandum dated June 12, 1995. Motion carried 7-0. Member Shagner commended Attorney Cool on doing a good job. ELECTIONS Chairman Sills opened the floor for nominations of Chairman, and Member Chestney moved to nominate Mr. Jim Sills as Board Chairman and seconded b Vice Chairman Carlsson who moved that the nomination be closed. Motion carried 7-0. Chairman Sills opened the floor for nominations of Vice-Chairman. Member Shagner, seconded by Member Chestney, moved to nominate Mr. Frank Carlsson as Board Vice- Chairman. Member Chestney, seconded by Member Lenko, moved that the nomination be closed. Motion carried 7-0. COMMENTS Mayor Vandergrift congratulated the Board on the elections process, and thanked the members for volunteering to serve again. He announced that the Sign Ordinance will soon be going before the Commission and that they will have first perusal of it. Member Lenko, seconded b Member Sha. er moved that the Board be made aware of the u.comin. hearin. on chanes to the Sign Ordinance. Motion carried 7-0. Vice Chairman Carlsson said that all they were asking for was a copy (prior to the hearing) so that they could look at it, and Member Lenko asked that they be notified of the hearing. Member Lenko said that there will probably be a workshop before they draft a new Ordinance so it will really be more of notifying them when that workshop would be and would possibly want the staff report, provided it was small. City Manager: Not Present Code Enforcement Officers: None Police Department: None BOARD MEMBERS Alternate Member Santo said that it was nice to see the Mayor here tonight. Member Chestney: None Vice Chairman Carlsson: None Member Shagner: "Happy 4th of July!" Member Lenko: Agreed with Member Shagner. Member Barnett: Agreed with Members Shagner and Lenko. ,,, 11 Code Enforcement Board Meeting June 27, 1995 Chairman Sills thanked the Board for their vote of confidence in re-electing him as Chairman of the Board. He hoped that he would be able to do a good job in serving them. He thanked Clerk Stenographer Lewis for all the help that she had been this year. Member Shagner informed Chairman Sills that he was doing a good job. (Several members voiced their support as well). ADJOURNMENT The meeting was adjourned at 9:32 p.m. APPROVED: Attest: I C Sherry Seaver, D Clerk J. Sills, airman cir G�C /e. J e Lewis, Clerk/Stenographer B ,,,,, 12