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10-25-1994 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD ON October 25, 1994 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 the Municipal Building and led in the pledge of allegiance. Vice Chairman Carlsson held a 30 second moment of silent prayer. The roll was called and a quorum declared present. PRESENT: Chairman Sills, Vice Chairman Carlsson, Members Alexander, Barnett, Chestney, Lenko, and Alternate Glass. 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 Shagner (unexcused). APPROVALS This item consisted of the Minutes of the September 27, 1994 Code Enforcement Board. Member Alexander, seconded by Member Barnett, moved to approve the Minutes of the September 27, 1994 Code Enforcement Board meeting as presented. No action was taken as Member Lenko asked for a correction "on page 7, under the Proposed Ordinance From Attorney Cool, amended to show the vote on the memorandum from Attorney Cool dated September 15, 1994. The Board had voted on two items, a memorandum that Attorney Cool had brought to the members physically and one regarding the process server." The September 27, 1994 minutes should reflect that discussion ensued on changes in two proposed ordinances and Member Lenko, seconded by Vice Chairman Carlsson, moved to recommend for City Commission approval the amendment of Section 7-5, 7-6, 7-7, 7-9, and 7-10 of Chapter 7 of the Ordinance referred to in the September 15, 1994 memorandum from Attorney Cool. Motion carried 7-0. Member Lenko, seconded by Vice Chairman Carlsson, moved to amend the September 27, 1994 minutes to include the change on page 7 as stated above. Motion carried 6-0. Member Alexander, seconded by Vice Chairman Carlsson, moved to approve the Minutes of the September 27, 1994 Code Enforcement Board meeting as amended. Motion carried 6-0. COMMENTS FROM CITIZENS There were no citizens comments at this time. HEARINGS OF STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF HEARING At the request of City Code Enforcement Officer Simon, Vice Chairman Carlsson, seconded by Member Chestney, moved to amend the agenda and hear Case No. 94-73, Randy E. Lee, first. Motion carried 6-0. L Code Enforcement Board Meeting October 25, 1994 94-73, RANDY E. LEE Upon Chairman Sill's request, Code Enforcement Officer Simon was sworn in by Deputy Clerk Seaver. Code Enforcement Officer Simon requested that this case be tabled until the next meeting for verification of the violation. Vice Chairman Carlsson, seconded by Member Barnett, moved to table Case No. 94-73, Randy E. Lee, to the November meeting. Motion carried 6-0. 94-47, STEVE HASKELL &/OR SHIRLEY HEWITT Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon stated the description of the violation and the dates of the inspection for this case. Upon re-inspection on October 25, 1994, the vehicle had been removed and the respondents were in compliance. Vice Chairman Carlsson, seconded by Member Lenko, moved to find Steve Haskell &/or Shirley Hewitt, Case No. 94-47, in non-compliance as of October 24, 1994, and in compliance on October 25, 1994, and that no fine be imposed at this time. Motion carried 6-0. 94-59, RAFAEL &/OR MARIA MUNGUIA For the record, Chairman Sills stated that there was no one present to represent this case. Officer Simon testified on the description of the violation and the date of the inspection for this case. A complaint from an unidentified neighbor had been received in the City on September 8, Loy 1994. Officer Simon had inspected 108 Coquina Drive observing several chickens and roosters. Upon re-inspection on October 25, 1994, the chickens and roosters were no longer on the property. Vice Chairman Carlsson, seconded by Member Alexander, moved to find Rafael &/or Maria Munguia, Case No. 94-59, in non-compliance as of September 21, 1994 and in compliance as of October 25, 1994, and that no fine be levied at this time. Motion carried 6-0. 94-60, ROGER &/OR LINDA SHIRLEY Chairman Sills stated that there was no one present to represent this case. Officer Simon stated the description of the violation and the dates of the inspection for this case. She had re-inspected the property on October 25, 1994 and the miscellaneous trash and debris, including the carpet, were gone. The respondent was in compliance. Member Lenko, seconded by Member Barnett, moved to find Roger &/or Linda Shirley, Case No. 94-60, in non-compliance as of September 21, 1994 and in compliance as of October 25, 1994, and that no fine be issued. Motion carried 6-0. 94-65B, KHATIB AUTO SALES Chairman Sills stated for the record that no one was present to represent this case. Code Enforcement Officer Simon stated that two structures in the rear were observed on September 13, 1994 at Khatib Auto Sales located at 701 Roper Parkway. A check of City records verified that no permit had been issued for the structures. Officer Simon testified on the description of the violation and the dates of the inspection for this case. On October 12, cry 2 Code Enforcement Board Meeting October 25, 1994 1994 Mr. Jones, identified as the property owner, and the contractor who erected the structures, had come to the Building Department and applied for a building permit. On October 18, 1994 the comments were completed and Mr. Washington contacted Mr. Jones' office to see if anyone wanted to pick up the comments showing what needed to be done since there was a time element involved. Mr. Jones opted not to do that and wanted it mailed. To date there had been no response. Vice Chairman Carlsson asked if anyone had applied for, but had not picked up, a permit. Officer Simon explained that Khatib had applied for a permit which had been denied. Officer Simon distributed comments from the Fire Department and a video of the property in violation was presented for Board review. Discussion ensued regarding the violations and possible methods for compliance. Building and Zoning Director Flippen was sworn in by Deputy Clerk Seaver who stated the City was waiting for an answer from the respondent. The City had sent comments to Khatib on October 18, 1994 and the Plans Reviewer contacted the office of the property owner by telephone on the same date. Until there is a response from Khatib on the comments, the department does not know where it stands on the permit. Member Chestney, seconded by Member Barnett, move to find Khatib Auto Sales, Case No. 94-65B, in non-compliance as of October 8, 1994 and be given 30 days to comply or be fined $100 a day thereafter. Member Chestney, seconded by Member Barnett, amended his motion to find Khatib Auto Sales, Case No. 94-65B, in non-compliance as of October 8, 1994 and be given until November 22, 1994 to comply or be fined $100 a day thereafter. Motion carried 6-0. 94-66, DENNIS H. JONES, SR. Chairman Sills stated for the record that there was no one present to represent this case. Officer Simon testified on the description of the violation and the date of the inspection for this case. The respondent is the owner of Khatib Auto Sales, Case No. 94-65B. Vice Chairman Carlsson, seconded by Member Chestney, moved to find Dennis H. Jones, Sr., Case No. 94- 66, in non-compliance as of October 8, 1994 and be given until November 22, 1994 to comply or be fined $100 a day thereafter. Motion carried 6-0. 94-68, ORANGE TREE CINEMA Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon testified that a complaint had been received from the Ocoee Fire Department on September 13, 1994 that Orange Tree Cinema located at 1570 Maguire Road was in violation of several Codes and requested that Code Enforcement action be taken for these violations. Officer Simon stated the description of the violation and the date of the inspection for this case. To date, Officer Simon said, no permit has been issued or work started to correct the violation. Vice Chairman Carlsson, seconded by Member Barnett, moved to table Case No. 94-68 to the next meeting. No action was taken as Member Lenko wanted to hear what the representative had to say before voting on the motion. 3 Code Enforcement Board Meeting October 25, 1994 Nathan Dykgraaf, 3307 Sheringham Road, Orlando 32808, was sworn in by Deputy Clerk Seaver, as the former owner, and said that originally there had been a system there which would be activated throughout the auditoriums and voiced through a speaker system. It had been acceptable, at one time, to the Fire Department. There had been problems with bleedover through the sound system of the auditoriums and it was abolished because of customer complaints. The respondent was under contract to Sentry Alarm to install manual pulls and strobe lights. Member Lenko said she did not like the idea of not taking any action on this case. Member Alexander questioned the legal responsibility of the City and Attorney Cool explained that the City and not the Board might be held responsible. Member Chestney asked Mr. Dykgraaf if he knew why the alarm company had not applied for a permit and Mr. Dykgraaf explained that the Fire Department must approve a schematic of Orange Tree Cinema's wiring diagram before the City would issue a permit. The alarm companies securing bids had spent a lot of time on the telephone with the Fire Department on what was expected of the wiring diagram. The permitting takes longer than actual construction. Chairman Sills said the motion stands to table the case until the next meeting. Discussion ensued on the matter. Vice Chairman Carlsson, seconded by Member Barnett, moved to table Case No. 94-68, Orange Tree Cinema, to the November 22, 1994 meeting and have a representative from the Ocoee Fire Department present to advise the Board on what the exact problem is, how serious it is and whether it can be fixed in one day or 30 days, which would determine the fine. Motion carried 4-2. Members Alexander and Lenko voted "nay." Vice Chairman Carlsson wanted to make sure that the Fire Inspector is present for the next meeting. 94-69, DYKGRAAF, INC. Vice Chairman Carlsson said that being this is the same case as Case 94-68, he proposed the same motion rather than going through the procedure of hearing it again. Vice Chairman Carlsson, seconded by Member Chestney, moved to table Case 94-69, Dykgraaf, Inc. until the November 22, 1994 meeting. Motion carried 5-1. Member Lenko voted "nay." 94-70, WAL-MART Code Enforcement Officer Simon stated the description of the violation and the dates of the inspection for this case. The Building official had informed Officer Simon of five accessory structures located on property located behind Wal-Mart. The property remains in non- compliance. A video was shown of the property in violation for Board review. In the interim of being cited and the compliance date, a representative of Wal-Mart had come to the Building Department after consulting with the Zoning Coordinator and the Plans Reviewer and indicated the storage was needed for lay-a-way. Dave Bennett, 2912 Wesmere Parkway, was sworn in by Deputy Clerk Seaver, and stated that there had been a mis-communication on the number of trailers. A request to cancel the order 4 Code Enforcement Board Meeting October 25, 1994 for three had not been received in time and once the delivery was made, Wal-Mart was responsible for payment regardless of whether the containers were dropped. Discussion ensued about off-site storage. Vice Chairman Carlsson said that Wal-Mart is a good customer but they were in violation. Director Flippen said that when a request like this comes in the City tries to do everything possible to find a solution. Vice Chairman Carlsson, seconded by Member Chestney, moved to give Wal-Mart and Lakendon, Inc., combined Case 94-70 and Case 94-71 until December 31, 1994 to removed said trailers or be fined $250 a day thereafter. Motion carried 6-0. Member Chestney commented that Wal-Mart had been good for the City of Ocoee and he thought the City of Ocoee had tried to help Wal-Mart and Lakendon, Inc. He asked if the motion passed that Wal-Mart please move the trailers. Mr. Bennett appreciated the way that the City had worked with them in trying to find a way to solve (the problem). 94-71, LAKENDON, INC. - THIS CASE WAS HEARD AT THE SAME TIME AS CASE 94-70, WAL-MART Don Wingate, 110 Mericam Court, Killarney, was sworn in by Deputy Clerk Seaver, and said he appreciated what the Board had done. The Board was to be commended for working with one of the community businesses such as Wal-Mart that does so much for the community. Mr. Wingate said the Board had maintained integrity by finding a solution that allows them to accomplish what they need, and at the same time, did not violate any City ordinances. Chairman Sills asked that Wal-Mart try not to take advantage of the City in the future. 94-72, ELIZABETH SALTERS Code Enforcement Officer Simon testified the description of the violation and the date of the inspection for this case. A re-inspection on October 19, 1994 had revealed compliance with Land Development Code Book Ordinance Article 6 and the camper had been removed from the front driveway. To date, the property is still in non-compliance for Chapter 115 Article I for some trash and miscellaneous debris in the rear yard. A video was presented of the property in violation for Board review. Charles Frederick, 801 Sullivan Avenue, stated he had six children in his home who work on bikes. The kids keep taking the bikes apart and switching parts but periodically it is thrown away. Mr. Frederick said he was guilty of destroying the shed in his backyard and not getting rid of it. He explained that he worked a lot of hours and that these things took time. Vice Chairman Carlsson reminded Mr. Frederick of his responsibility to the children and for the violations. Member Lenko, seconded by Vice Chairman Carlsson, moved to find Elizabeth Salters, Case No. 94- 72, in non-compliance of Chapter 115 Article I, and be given until November 8, 1994 to bring the property into compliance or be fined $75 a day thereafter. Motion carried 6-0. 94-73, RANDY E. LEE - THIS CASE WAS HEARD FIRST ON THE AGENDA. OTHER BUSINESS ,. 5 Code Enforcement Board Meeting thw October 25, 1994 94-17, JEAN LEPAGE THOMAS The Affidavit of Compliance was presented to the Board for this case. A video was shown of the cleaned up state of the property. Fines from September 28, 1994 through October 19, 1994 at $50 a day were $1100 at the time of compliance. Bobbie Boeh, 2253 Boy Scout Road, Apopka requested elimination of the fines against Jean Lepage Thomas and discussion ensued on dropping these fines. Member Lenko said that she was not in favor of dismissing the lien at this point and felt like Ms. Boeh needed to try and establish a track record of the property being clean. Member Lenko moved to deny elimination of the fines at this time. Vice Chairman Carlsson, seconded by Member Lenko, moved to amend the motion in that the respondent be allowed to come back to the Board in three months (90 days) for consideration of lifting the fine. Motion carried 6-0. Member Lenko, seconded by Vice Chairman Carlsson, moved to deny elimination of the fines at this time. Motion carried 6-0. Vice Chairman Carlsson asked that Case 94-17 be placed on the agenda again in 90 days. 94-32, MICHAEL &/OR JENNIFER BISHOP Chairman Sills stated for the record that there was no one present to represent this case. Code Enforcement Officer Simon testified that the Board had given the respondent until this Board meeting to apply for a variance of a carport. Officer Simon had spoken with Mr. Bishop on the phone approximately two weeks earlier but had not applied for the variance. To date, and upon reinspection, the carport still exists. The Deputy Clerk informed Officer Simon that Mr. Bishop had inquired about what is necessary, yet did not request a variance with the Zoning Coordinator. Member Lenko, seconded by Vice Chairman Carlsson, moved to execute fine and lien in Case 94-32, Michael &/or Jennifer Bishop, effective October 25, 1994. Motion carried 6-0. 94-35, RICHARD HEALY The Affidavit of Compliance was presented to the Board for this case. A letter from Mr. Healy had been received which did not request reduction or elimination of the lien. Vice Chairman Carlsson requested the City send the standard letter saying there is a $6800 fine. It would be Mr. Healy's responsibility to request an appeal of the fines. 94-46, ED MULCAHY The Affidavit of Compliance was presented to the Board for this case. Ed Mulcahy, 510 Hill Avenue, was sworn in by Deputy Clerk Seaver, and said he had brought (the property) into compliance as fast as he could. He described the cleanup effort of the property and said that neighbors were present in his support. Mr. Mulcahy asked for elimination of the lien and Member Lenko explained that the lien had already been filed. Member Chestney explained to Mr. Mulcahy that he had appeared before the Board several times and the City had requested the clean up which Mr. Mulcahy had defied by moving the stuff from one lot to another. 6 Code Enforcement Board Meeting October 25, 1994 Members Chestney and Lenko wanted the fine to stand. Member Alexander expressed appreciation on behalf of the City on what had been done and thanked him for doing a good job. Member Lenko wanted the property to stay clean with a track record of no more complaints. If these steps were taken then Mr. Mulcahy could come before the Board again and request elimination of the fines. Vice Chairman Carlsson, seconded by Member Alexander, moved to find that if Mr. Mulcahy, Case 94-46, desired to have the fine and lien reduced, he must keep the property where he resides clean for the next 6 months and, at that time, he may present his case before the Board again. Motion carried 6-0. 94-54, PETER JAYLASS &/OR BARBARA TYSON The Affidavit of Compliance was presented to the Board for this case. 94-57, ANTHONY BIRCH The Affidavit of Compliance was presented to the Board for this case. 94-58, FAIR CLYDE ESTATE OF C/O LOPEZ, LOIS The Affidavit of Compliance was presented to the Board for this case. fir, 94-63, EUGENE &/OR MARY WOOD Code Enforcement Officer Simon stated that the Wood's no longer own the property and asked for dismissal of Case 94-63. Member Lenko, seconded by Member Chestney, moved to dismiss Case 94-63, Eugene &/or Mary Wood. Motion carried 6-0. 94-65, ELIZABETH SALTERS The Affidavit of Compliance was presented to the Board for this case. MEMORANDUM FROM ATTORNEY COOL Attorney Cool explained and recommended approval of Rule 2.5 and that it be added to the Code Enforcement Board Administrative Rules. The Board had requested that he draft a Code of Conduct for Board members. Member Alexander thanked Attorney Cool and said this was exactly what the Board had needed. Member Lenko reported that the City did not have a copy of these Administrative Rules. Attorney Cool noted that the Code Enforcement Board itself had Administrative Rules and Hearing Rules that were adopted years ago. He would make sure that the Board members received a copy. Vice Chairman Carlsson, seconded by Member Alexander, moved to adopt Rule 2.5 Conduct of Board Members, as drafted by Attorney Cool dated October 13, 1994 and that it be added to the Administrative Rules, City of Ocoee Code Enforcement Board. Motion carried 6-0. COMMENTS City Manager - Not Present 7 Code Enforcement Board Meeting October 25, 1994 Code Enforcement Officer - None Police Department - None Board Attorney - None Alternate Glass arrived to the meeting at 9:51 P.M. Board Members: Member Barnett said he was happy to be back. Chairman Sills said it was good to have him back on the Board. Member Lenko explained that she would like to see a change in the City forms that would include information about what will happen to the respondents if they do not comply to a violation. Vice Chairman Carlsson: Commended the Code Enforcement Officers again for doing a good job. He would like to see a set of updated Administrative Rules in the next Board packet for all the members in office. Member Chestney: Requested that a department representative be present when another department within the City is going to ask the Board to hear a case so that both sides could be heard and the Board could make an intelligent decision. Member Alexander: Said that it is very, very nice being in the new surroundings. Member Glass: Apologized for arriving late, and said that he had put in a plug for the Code Enforcement Board on what a wonderful job they were doing. Chairman Sills: None ADJOURNMENT The meeting was adjourned at 9:56 p.m. APPROVED: Attest: City of Ocoee \V , , - , , , , / / erry Seave,f eputy Clerk or Sills, Ch. rman J e Lewis, Clerk/Stenographer car 8