08-22-1995 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD ON August 22, 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.
Member Alexander led in prayer. The roll was called and a quorum declared present.
Chairman Sills announced that he had received a call from Member Barnett who had informed
him that due to health reasons that he would be resigning from the Board. Mr. Barnett had
asked that Mr. Sills express to everyone that he had enjoyed serving on the Board. A letter will
be coming shortly.
PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Chestney, Lenko,
Shagner, and Alternate Member Linebarier. Also present were Attorney Feeney,
Acting Building and Zoning Director Washington, Code Enforcement Officers
Braddy and Simon, Deputy Clerk Seaver and Clerk/Stenographer Lewis.
ABSENT: Member Barnett and Alternate Member Santo (both absences were excused).
Chairman Sills introduced new counsel, Attorney Tom Feeney, to the Board.
APPROVALS
This item consisted of the Minutes of the July 25, 1995 Code Enforcement Board meeting.
Member Lenko, seconded by Member Alexander, moved to approve the Minutes of the
July 25, 1995 Code Enforcement Board meeting, as presented. Motion carried 6-0. Alternate
Member Linebarier abstained from voting as he had been absent from the meeting.
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.
VICE CHAIRMAN CARLSSON, SECONDED BY MEMBER SHAGNER, MOVED TO HEAR AGENDA ITEM
B. 95-42, LINDA HOWELL, PRIOR TO ITEM A, 95-41. MOTION CARRIED 7-0.
95-42, LINDA HOWELL
3/17/95 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#P882-518-350
4/25/95 Order of Continuance- 5/23/95 5/17/95 NOH - Board Meeting Date:5/23/95
5/18/95 POS - Delivery - Linda Howell 5/23/95 Order of Continuance- to 8/22/95 Meeting
8/9/95 NOH - Board Meeting Date:8/22/95 8/11/95 POS - Mail Certif#P315-759-417
Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver, and stated that Case
Ley No. 95-42 referred to the property at 52 W. Circle Key Drive, that had been found in violation
Code Enforcement Board Meeting
August 22, 1995
of City Code Chapter 108-23 General Requirements for the exterior of structures: (B) Skirting: "Skirting:
existing skirting shall be maintained free from broken or missing sections,pieces or cross members". Chapter 108-
23 (I) Windows: "Windows; every window shall be substantially weather-tight, water-tight 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 Ms. Howell was going through the Weatherization Program for Orange County to get
financial assistance to make repairs on the windows. The Board had agreed at the May 23, 1995
meeting to continue the case to this hearing, allowing Ms. Howell the time to deal with the
Weatherization Program. The windows to date had not been repaired, however, someone from
the Program had inspected the trailer. Officer Simon had called but had not received contact
with the Program. Also, two letters from the Program to Ms. Howell were presented to the
Board. A letter from Orange County Department of Community Affairs had informed Ms.
Howell that her application for assistance had been denied. Ms. Howell had appealed the
request and on August 15, 1995, she had been notified that that appeal had been denied. In
response to Vice Chairman Carlsson, Officer Simon said that the windows were propped open,
but work had been done to the screens and skirting. There were only a few functioning
windows in the trailer. Window replacement would be costly.
Linda Howell, 52 W. Circle Key, was sworn by Deputy Clerk Seaver, and testified that Jackie
thr Cummings had called on August 21, 1995. She had been away and had been unable to take Ms.
Cummings' call, and it had been too late to return the call that day. She had made attempts to
call the lady that had written the last letter of July 24, but her calls had not been returned. She
had informed the Assistant Manager of Orange County Community Affairs that she was most
concerned about getting the windows fixed.
Lengthy discussion ensued about a method to assist Ms. Howell who lived on a very limited
income. Alternate Member Linebarier informed Ms. Howell that she could contact her social
worker at the Maxey Center to see if there were other alternatives. Ms. Howell said that she
had called them and had been referred to a contact in Pine Castle who told her that they did not
work on trailers. Vice Chairman Carlsson, seconded by Member Chestney, moved to fmd
Linda Howell, Case No. 95-42, at 52 W. Circle Key Drive, in violation of Chapter 108.23 I),
and that she be given until October 24, 1995 to come into coin.fiance or be fined $25 a day
thereafter. Motion carried 6-1. Alternate Member Linebarier said that the Board should fmd
Ms. Howell in violation and give her 60 days to investigate further into finding some assistance
to remedy the situation. He said that to impose a fine made no sense as the City would never
be able to collect it as there was no way Ms. Howell could pay the fine, and he voted "nay".
(Vote was taken later but given here for clarity sake.)
Member Lenko said that she believed that 30 days would be enough time for Ms. Howell to
look into going through one of the churches in the City or trying to find another option(to make
the repairs). In response to Vice Chairman Carlsson, Ms. Howell said that she understood that
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Code Enforcement Board Meeting
r,► August 22, 1995
she had two months to try to get the matter corrected and to contact Mrs. Cummings. Mr.
Carlsson also said that the Board would ask the Building Inspector to contact the Mayor to see
if a church group would assist Ms. Howell. Attorney Feeney addressed the Board regarding
their responsibility, in accordance with the Florida Statutes and the City Code, with respect to
certain factors when imposing a fine. He also informed the Board that they could ask anyone
on staff to notify the Mayor about an individual needing assistance.
95-41, ELIZABETH PEDRICK
3/17/95 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 - Delivery - Betty Pedrick
4/25/95 Order of Continuance- 5/23/95 5/17/95 NOH - Board Meeting Date:5/23/95
5/19/95 POS - Delivery - Betty Pedrick 5/23/95 Order of Continuance- to 8/22/95 Meeting
8/9/95 NOH - Board Meeting Date:8/22/95 8/11/95 POS - Mail Certif#P315-759-416
Chairman Sills said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-41 referenced Case No. 95-42 and
Elizabeth Pedrick was the property owner at 52 W. Circle Key Drive. The history of Case
No. 95-41 was the same as Case No. 95-42. Officer Simon said that Ms. Pedrick is aware of
the NOH but she had made no contact with Ms. Simon regarding the property. In response to
Chairman Sills, Officer Simon said that the City had received Proof of Service. Vice
Chairman Carlsson, seconded by Member Shagner, moved to find Betty Pedrick, Case No.
95-41, owner at 52 W. Circle Key Drive,in violation of Chapter 108.23(I) Windows, and that
she be •iven until October 24 1995 to come into com.liance or be fined 25 a da thereafter.
Motion carried 7-0.
95-85, DONALD M. SELF AND/OR LILLIAN A. SMITH
6/1/95 NOCV - Re-inspection Date:7/17/95 7/18/95 NOH - Board Meeting Date:7/25/95
7/18/95 SOV 7/20/95 POS - Mail - Cert#P315-759-392
7/25/95 Order of Continuance 8/9/95 NOH - Board Meeting Date:8/22/95
8/11/95 POS - Posting
Chairman Sills said for the record that no one was present to represent the case. Code
Enforcement Officer Simon testified that Case No. 95-85 referenced the property at 913
Marlene Drive. On June 1, 1995, a NOCV was sent to the property owners, identified by
Orange County Tax Record as Donald M. Self and/or Lillian A. Smith for violation of City
Code, 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 an inoperable red Trans Am parked on the side yard with grass growing around it, and
without a current license tag. The property owner had been given until July 10, 1995 to bring
the property into compliance. On July 17, 1995 a re-inspection of the property produced a status
of non-compliance with the aforementioned ordinance and the property owner was sent, via
restricted delivery, an SOV and an NOH on July 18, 1995 for the July Board meeting by the
Clerk of the Board. The SOV and NOH were returned to the City unclaimed, and the case was
continued to this meeting. On August 11, 1995, pursuant to Chapter VI, Section 7-10 of the
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Code Enforcement Board Meeting
August 22, 1995
City Code, an NOH was posted on the property and at City Hall for this meeting. On that same
day the property owner called Ms. Simon and advised her that they would be moving by
August 21, 1995 and the violation would be removed. A re-inspection of the property on
August 22, 1995 had produced a status of compliance. Member Lenko, seconded by Member
Alexander, moved that Donald M. Self &/or Lillian A. Smith, Case No. 95-85, be found in
non-compliance of Chapter 165-3 (A) as of June 10, 1995 but in compliance as of August 22,
1995, and that no fine be assessed. Motion carried 7-0.
OTHER BUSINESS
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
6/27/95 Board Ordered Fine:$250 a day from 6/19/95
7/25/95 Order Imposing Fine and Lien
Chairman Sills said for the record that Ed Mulcahy was present to represent himself. Edward
J. Mulcahy, 510 Hill Avenue, was sworn in by Deputy Clerk Seaver, and said that he had a
doctor's statement as to why he was not at the June meeting. He said that the doctor had him
in bed. He spoke about attending the meeting in August and was told that everything was taken
care of, and to go home. He said that he had learned the next day that everything had been
dropped back in his lap again. He had asked Officer Simon if she would write up the hearing
'lbw for him to see the Board. Chairman Sills said that Mr. Mulcahy was referring to the case on
the property owner which had been dismissed, and did not refer to the case against Mr.
Mulcahy. Mr. Mulcahy said that when all this had happened, that he had brought statements
from all his neighbors. He had been visited by Officer Simon who had informed him of a
complaint. Mr. Mulcahy said that he wished the Board would reduce (the fine and lien).
Member Chestney said that the Board had heard Mr. Mulcahy's case several times, giving him
every opportunity to correct the situation on the property. He said that Mr. Mulcahy had defied
the City and the Board on every occasion until a fine had been placed on him. Then, and only
then, had Mr. Mulcahy corrected that situation. At that time, Mr. Mulcahy had been told by
the Board that he would be found as a repeat violator if he did it again. Mr. Mulcahy had done
it again. He had not cared about the Board or all the hours that the City Code Enforcement
people had spent on the case. Mr. Mulcahy had been found in violation as a repeat violation,
and the fine had been imposed. Not until then had Mr. Mulcahy come into compliance. Mr.
Mulcahy said that he believed Mr. Chestney was wrong. He said that the flea market had
closed and he had to move everything out of 15 booths to his house, behind a 6' foot fence, and
that he had 57 bicycles lined on the backside of the fence.
Vice Chairman Carlsson said that he believed that Mr. Mulcahy was missing the point. He
had been cited way back when, and the City had presently a Fine and Lien again his property
to get him for the first offense. He had been cited a second time and had been told the first time
that if it happened again that he would be cited as a repeat offender, and the fine could start, if
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Code Enforcement Board Meeting
August 22, 1995
the Board so decided, the date Mr. Mulcahy had been found in violation. That was the date Mr.
Mulcahy had first opened the yard sale. He had been in violation at that time because he had
violated the first offense by becoming a repeat violator. Mr. Mulcahy objected and said that
he had legally had a yard sale. Vice Chairman Carlsson said that "stuff" had been on the
property for more than the date of the yard sale. Several members of the Board agreed with Mr.
Carlsson. Vice Chairman Carlsson, seconded by Member Chestney, moved, reference Ed
Mulcahy, Case No. 95-73, and Mr. Mulcahy's letter dated August 22, 1995, that his request be
denied. Motion carried 7-0. Chairman Sills explained to Mr. Mulcahy that his request for
a reduction in fines had been denied. He said that if Mr. Mulcahy could keep the property in
compliance to where he was not repeatedly cited, then he could appear before the Board with
a formal request to reduce the fines. Mr. Mulcahy was dissatisfied with the Board's decision.
95-76, KATHRYN L. ANDREWS (1101 Ridgefield Avenue)
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
6/27/95 Order of Continuance- Date:7/25/95 6/29/95 NOH - Board Meeting Date:7/25/95
7/14/95 POS - Delivery 7/25/95 Compliance Order: 8/4/95 or$25 a day thereafter
8/4/95 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board for this case.
95-79, GRINER AUTO SALES (2330 W. Colonial Drive)
6/12/95 NOCV - Re-inspection Date:6/28/95 6/29/95 NOH - Board Meeting Date:7/25/95
6/29/95 SOV 7/11/95 POS - Mail - Cert#P315-759-388
7/25/95 Order of Continuance 8/1/95 Letter Submitted
8/14/95 Notice of Dismissal
A Notice of Dismissal was presented to the Board for this case.
95-80, DAN WOMACK (312 Lee Street)
7/3/95 NOCV - Re-inspection Date:7/7/95 7/11/95 NOH - Board Meeting Date:7/25/95
7/11/95 SOV 7/11/95 POS - Mail Cert#P615/759/389
7/25/95 Eviction Notice Submitted 7/25/95 Compliance Order:8/22/95 or $100 a day thereafter
8/17/95 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board for this case.
95-81, LAWRENCE KENNY (312 Lee Street)
7/3/95 NOCV - Re-inspection Date:7/7/95 7/11/95 NOH - Board Meeting Date:7/25/95
7/11/95 SOV 7/11/95 POS - Mail Cert#P315-759-390
7/25/95 Compliance Order:8/22/95 or $100 a day thereafter
8/17/95 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board for this case.
95-84, JAMES L. AND/OR DIANNE L. KELLEY (1507 Jemima Avenue)
6/5/95 NOCV - Re-inspection Date:7/17/95 7/18/95 NOH - Board Meeting Date:7/25/95
7/18/95 SOV 7/20/95 POS - Mail - Cert#P315-759-396
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Code Enforcement Board Meeting
August 22, 1995
7/25/95 Violation Order:Chapter 115, Article I 7/25/95 Compliance Order:Ch 165-3, 7/31/95 or $25 a day
7/31/95 Affidavit of Compliance thereafter
An Affidavit of Compliance was presented to the Board for this case.
95-86, EDITH JACKSON (1800 Adair Street)
7/12/95 NOCV - Re-inspection Date:7/17/95 7/18/95 NOH - Board Meeting Date:7/25/95
7/18/95 SOV 7/20/95 POS - Mail - Cert#P315-759-393
7/25/95 Compliance Order:8/1/95 or $100 a day thereafter
8/1/95 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board for this case.
95-87, WILLIAM E. &/OR VIRGINIA C. STUMPF (701 Broadway Drive)
7/7/95 NOCV - Re-inspection Date:7/17/95 7/18/95 NOH - Board Meeting Date:7/25/95
7/18/95 SOV 7/20/95 POS - Mail Cert#P315-759-394
7/25/95 Violation Order:Chapter 115, Article I 7/25/95 Compliance Order:Article VI 6-4, 8/1/95 or $100 a
8/1/95 Affidavit of Compliance day thereafter
An Affidavit of Compliance was presented to the Board for this case.
95-99, DEAN HARPER (68 Sand Dollar Key Drive)
7/7/95 NOCV - Re-inspection Date:7/17/95 7/19/95 NOH - Board Meeting Date:7/25/95
7/19/95 SOV 7/21/95 POS - Delivery
7/25/95 Violation Order 7/25/95 Compliance Order:8/1/95 or $100 a day thereafter
8/1/95 Affidavit of Compliance
An Affidavit of Compliance was presented to the Board for this case.
COMMENTS
Member Lenko had submitted an August 22, 1995 memorandum to the Board Members for
their consideration. Alternate Member Linebarier, seconded by Member Lenko, moved to
make a recommendation to the City Commission that a Code Review Board be formed to review
Codes and Ordinances on a continuing basis. Member Lenko said, like the Charter Review
Board, the Code Review Board could meet as needed. Vice Chairman Carlsson amended the
motion to also make a recommendation that the Board ask the City Commissioners to re-address
updating the City computer systems that merges with the Orange County Tax Records. Clerk
Stenographer Lewis explained that the information, in an ASCII text format, had been sent
from the Orange County Property Appraiser on a computer diskette. The City Clerk's office
was working and should soon have the text converted to a database.
Vote on the amendment was taken, and the motion carried 7-0. Vote was then taken on the
motion as amended. Motion carried 7-0.
City Manager: None
Code Enforcement Officers: None
Police Department: None
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Code Enforcement Board Meeting
August 22, 1995
BOARD MEMBERS
Alternate Member Linebarier: None
Member Lenko: None
Member Shagner extended a welcome to Attorney Feeney.
Vice Chairman Carlsson: None
Member Alexander also extended a welcome to the Board's new attorney.
Attorney Tom Feeney of Fowler, Barice & Feeney, P.A., addressed the Board and said that
he was delighted to be present. The firm represented the City of Altamonte Springs in virtually
all of their matters, including their Code Enforcement Board. Commending the clerk on the
Board minutes, he said that he liked the thoroughness. They were much more detailed than he
was accustomed and he had reviewed minutes from other municipalities.
Mr. Feeney said that he had noticed in the minutes that some of the members had abstained
from voting on items that they had mentioned driving by or being familiar with the property.
He had spoken with City Attorney Rosenthal who had confirmed his opinion that, as a public
official, they were obligated to vote on such matters unless they had a conflict under the Florida
Statutes or unless they or a member of their family, had a financial interest. He explained a
situation where a Board member happened to have Expartee communications such as a property
owner pulling them aside and saying that the Board member should vote in their favor, etc.
4160, Those were things that a Member needed to disclose, preferably before the meeting but if it
occurred to them at the meeting then it is fine to do it that way, as well. Mr. Feeney said that
abstinence was appropriate and proper but in Florida, the tendency is to force our public officials
to vote.
In response to Alternate Member Linebarier, Attorney Feeney said that it was perfectly
appropriate as an individual, not as a group or pairs of two's, to drive by and observe a specific
location. In many cases, it was wise to do that. Also, it was appropriate to say publicly at the
hearing that they personally reviewed the site because the property owner, inspector or witness
might not be aware of the full story by only visual inspection. He said they really sat as a Code
Enforcement Board, much like a judge does, and that meant that they can't bring, and were
specifically prohibited by law and by the City Code from bringing actions against fellow citizens.
They had not lost any rights to free speech. He gave instances about contacting a Commissioner
or the Mayor. They could make suggestions but not formally as a Board. They must do it as
a citizen. Mr. Feeney further explained that they had lost some rights as a Board in that they
could not bring action as a citizen, and could not take a group inspection of the property, but
he thought it was appropriate to inspect the properties by driving by. He said that while they
were at a property that they needed to be careful not to talk to anybody about the topic. Mr.
Feeney stressed that if a Board member did drive by, even if they had not talked to anyone, they
should verbalize that (to the Board).
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Code Enforcement Board Meeting
August 22, 1995
Attorney Feeney said that it was very difficult to sit back and put aside some of the things that
they had seen and the times that they had seen them. He encouraged the Members to rely on
a very capable staff to tell them at the time they did their inspection that there was a violation.
He said the purpose of inspecting a site should be to get an overall picture of how big it is and
whether junk means 50 pieces or two pieces, what the impact is on the neighborhood, etc., and
less to determine whether there is a violation because it was inappropriate to determine that until
they had heard the sworn testimony and the evidence.
Vice Chairman Carlsson asked Attorney Feeney to speak about an incident that had occurred
during the meeting where the Board, or a Member of the Board, had been accused of lying. He
said that he believed that Counsel should caution the Board Members on how and what they say,
if a member knew the truth, say it, but if they did not know it, to not exaggerate it. Attorney
Feeney said that he had been a member of lots of bodies, a State Legislature, and he had sat
in front of County Commissions in Orange and Oseola. He thought the decorum tonight had
been perfect and he had not seen anything even approaching out of bounds. He thought people
were free to express their views and make statements. He was more concerned, in the
determination of whether somebody's guilty of the violation or not, that the Board rely on the
expertise of the staff, and what they had witnessed. He encouraged them to become familiar
with the surroundings. He said that he had not found anything out of order. Vice Chairman
Carlsson thanked Attorney Feeney for his input.
Chairman Sills: None
ADJOURNMENT
The meeting was adjourned at 8:44 p.m.
APPROVED:
Attest:
1rm
Shy Seaver, Iteputy Clerk J. Sillsa
,C;G�2i ,l.QJ
J e Lewis, Cler tenographer
8