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08-22-1989 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD AUGUST 22, 1989 ROLL CALL: PRESENT: Chairman John Linebarier, Vice Chairman Robert Imes, Members Gary Carroll, Pitt Varnes and James Skirvin, Attorney Ike Cool , Code Enforcement Officer Steve Ross, Fire Captain James Coschignano, Police Lieutenant William Walker, Finance Clerk Teresa Braddy and Deputy Clerk Susan Swilley. ABSENT: Frank Carlsson and Ray Wood (both excused) . Chairman Linebarier called the meeting to order at 7 :29 p.m. and led everyone in the Pledge of Allegiance to the flag. Mr. Carroll then led in prayer. Chairman Linebarier stated for the record that there was a quorum present. REVIEW AND APPROVAL OF MINUTES Mr. Carroll moved to waive the reading of the minutes of the June 27 , 1989 Code Enforcement Board meeting and to accept them as printed and distributed. Motion seconded by Mr. Skirvin and approved unanimously. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARINGS Case 89-9, Discount Deals, Inc. Chairman Linebarier asked if there was anyone present to represent Discount Deals, Inc. and Mr. Kurt Ardaman stated that he was present as the attorney (from the firm Fishback, Davis, Dominick, Bennett & Ardaman) for this case as well as Mr. Ron Stucki. Mr. Ardaman stated his address as 170 E. Washington St. , Orlando, Fl . 32801. Deputy Clerk Swilley swore in Code Enforcement Officer Ross and Mr. Stucki. Mr. Ross then stated that he had inspected the property at Silver Star and Taylor on June 22, 1989 and sent a notice of code violations on June 23, 1989. He further stated that he reinspected the property on August 09, 1989, found it still in violation and had a statement of violations with a notice of hearing mailed to the respondent. Code Enforcement Officer Ross stated that upon his reinspection on August 22, 1989 at 4:00 p.m. , there is still noncompliance. He then passed photographs as evidence. Chairman Linebarier stated that the records show Mr. Ross ' s second inspection as August 07 , 1989 not August 09, 1989. Code Enforcement Officer Ross verified that August 07 , 1989 was the correct date. He also filow stated that most of the activity on the property was during the weekend. Chairman Linebarier asked how many different vehicles were parked on the property at the time of the photographs. Code Enforcement Officer Ross stated that there were two (2) double trailers. Chairman Linebarier asked how many total riggs and Mr. Ross answered, six (6) plus an out CEB 8/22/89 PAGE 2 of state car and a tractor. He further stated that the car and trailer were not shown in the photograph. Mr. Stucki then stated that he contests the violation, that he has no business in the City of Ocoee, does not live in the City of Ocoee and that the trailers probably belong to resident of the City of Ocoee. He stated that those people should be cited. Mr. Stucki stated that he feels he is being harrassed and that there are hundreds of violations in the City not being prosecuted. He further stated that he is not doing the parking nor has he granted permission. Mr. Stucki stated that he takes offense to the City asking him to guard his property and that he is willing to go to the Supreme Court if necessary to fight the ridiculous charges. Deputy Clerk Swilley then swore in Mr. Ardaman at the insistence of Chairman Linebarier. Mr. Ardaman then gave some background narrative of the property/case in question. He stated that Discount Deals/Ron Stucki had received a notice of code violation in 1988 for parking without paving on the same property. He stated that the Ordinance cited then did not apply to situation and that at the December 19, 1988 hearing the Code Enforcement Board decided the Ordinance did not apply and found Discount Deals not in violation. Mr. Ardaman stated that on June 20, 1989 the City of Ocoee adopted a new Ordinance, #89-12 which modified the Code to (in his opinion) include the Stucki property. Mr. Ardaman stated that a notice of code violation was received by Discount Deals two (2) days after this Ordinance was passed. He stated that he found it curious and reflected on feelings of Mr. Stucki being singled out. Mr. Ardaman then asked if he could elicit further information from the Code Enforcement Officer, Mr. Ross. Mr. Linebarier stated that he would allow questions but for Mr. Ardaman to keep in mind this was not a cross examination. Mr. Ardaman then verified the inspection dates with Mr. Ross. Mr. Ardaman then asked Mr. Ross if the vehicles in the photographs were the same vehicles in violation as on the other two (2) inspection dates and Mr. Ross answered that they appeared to be different. Mr. Ardaman asked Mr. Ross if he had attempted to verify owners of any of the vehicles and Mr. Ross answered, no. Mr. Ardaman asked who the complainant was and Mr. Ross answered, one (1) was from a resident in pioneer key park and one (1) was from Commissioner Rusty Johnson. Mr. Ardaman asked when the calls were received and Mr. Ross answered that one (1) was verbal and one (1) was a phone call and that both were received after Ordinance 89-12 was passed. Mr. Ardaman asked Mr. Ross his perception of the violation. Mr. Ross answered, parking and storing place for trailers on open property. Mr. Ardaman asked if that was because it was not paved and Mr. Ross answered yes and that also it did not meet the off street zoning requirements. Mr. Ardaman asked what the off street zoning requirements were and Mr. Ross answered that he CSB 8/22/89 PAGE 3 was unsure. Mr. Ardaman asked Mr. Ross if he was directed to issue citations for the same violation to other property. Mr. Ross answered, no - but that under his own incentive he has issued three (3) or four (4) other notice of code violations for the same violation. Mr. Ardaman asked if there were other violations of the same nature in the City that have not been cited. Mr. Ross answered, yes - that he is too busy to cite currently. Mr. Ardaman asked if Mr. Ross has received a list of violations of this nature. Mr. Ross answered no. Mr. Ardaman asked that a copy of a letter from Mr. Stucki to the Police Chief of Ocoee be entered into the records as exhibit 1. The letter asks the police department for help in enforcing no parking on the property at 140 Silver Star Road. Mr. Ardaman then asked that a list of addresses showing locations of businesses in Ocoee with the same violations be entered into the record as exhibit 2. Chairman Linebarier stated that the Code Enforcement Board could not accept or consider the list and that they could only hear testimony in reference to the Case before them now. 41100 He further stated that he would turn the list over to the proper City official for investigation. Chairman Linebarier then gave Mr. Ross the list. Mr. Ardaman then asked Mr. Stucki some questions for the record. He asked Mr. Stucki if he was the president of Discount Deals, Inc. Mr. Stucki answered yes and that he was the sole stockholder and that he held all offices since the company was incorporated which was about 1981. Mr. Ardaman asked Mr. Stucki if he has ever granted authority for anyone to park on the subject property. Mr. Stucki answered no. Mr. Ardaman asked Mr. Stucki if he knew any of the vehicle drivers. Mr. Stucki answered, not to his knowledge. Mr. Ardaman asked Mr. Stucki if he has ever tried to halt the parking or remove the vehicles. Mr. Stucki answered, yes - by notes on the vehicles, posted property and by asking the police department for help. Mr. Ardaman stated that his paralegal had researched the City records and found only one (1) other citation of the same nature. He then read from Ordinance 89-12, section 21-70 (b) and stated that he felt this Ordinance keyed on the property owner consenting or acquiescing to parking or storing of motor vehicles. Mr. Ardaman then thanked the Board. At this time Lt. Walker was sworn in by Deputy Clerk Swilley. He stated that Mr. Stucki had indeed contacted the Police Chief on August 22, 1989 and that Chief Boyd was in the next room in a Commission special session available for testimony. Lt. Walker then went to get Chief Boyd. When Chief Boyd arrived he was sworn in by Deputy Clerk Swilley. He stated that Mr. Stucki had stated to him that he did not want people on his property. Chief Boyd stated that Mr. Stucki has agreed to prosecute and that he now has a notorized statement to that effect. Mr. Carroll stated that he would be hard pressed to go along with the City on this one since he does not see how Mr. Stucki can CEB 8/22/89 PAGE 4 enfore this Ordinance on his property. Mr. Varnes asked Attorney Cool what avenue should be pursued here and Attorney Cool answered that the Ordinance that was passed by the City is the best that can be done and that it has accomplished something since the police can enforce through trespassing procedures. Attorney Cool further stated that the Ordinance also calls to cite the owners of the vehicles. Mr. Varnes asked if the truck drivers were residents of the trailer park. Lt. Walker answered that he was unsure but each vehicle will be posted, tags will be run through DMV and the owners will be contacted either through home or work. Lt. Walker stated that he has his patrol division working on it now. Vice Chairman Imes asked if the police department has been given full authority and Lt. Walker answered yes but that the police department still cannot tow from private property, only send the trespassers to court or jail. Chairman Linebarier asked Mr. Stucki if he would be willing to have the vehicles towed if the driver/owner were jailed. Mr. Stucki answered, perhaps - that he would have to research with a towing company. Mr. Varnes asked if the case could be continued to see if the police department could handle. Mr. Ardaman objected to a continuance. Chairman Linebarier stated that with the new Code Enforcement Ordinance a continuance would not be necessary since Discount Deals could be noticed immediately without going through all of the waiting periods. Attorney Cool stated that only if Discount Deals is found in violation would that provision apply. Chief Boyd stated that his conversation with Mr. Stucki was not to conflict with the City Ordinance. He further stated that he did not even know about the hearing. Chief Boyd stated that the City police department can assist Mr. Stucki with the parking problem but that they cannot totally solve the problem. Mr. Carroll moved to dismiss Case 89-9, Discount Deals, Inc. , seconded by Vice Chairman Imes and carried unanimously. Case 89-11 , United Motor Co. As a matter of record, there was no one present to represent United Motor Co. . Code Enforcement Officer Ross stated that he received a complaint on June 28 , 1989, investigated on June 29, 1989 and issued a notice of code violations on June 30, 1989. He stated that upon reinspection on August 07 , 1989 he found the respondent still in violation and a notice of hearing was sent August 09, 1989. He further stated that he inspected again August 22, 1989 and the respondent still has no license or an application for a license filed in City Hall. Code Enforcement Officer Ross stated that United Motor Co. is located at 340 Story Rd. , Ocoee across from the court house. As evidence he passed photographs. Chairman CEB 6/27/89 PAGE 2 notice of code violations of June 09 , 1989. Mr. Cinelli stated that the tires were all given to him and that as soon as he has time between working and paying taxes , he will move them. Mr. Wood asked if any of the tires have been moved since the first notice was sent. Code Enforcement Officer Ross stated that some of the tires were moved from the ground into a trailer where they are now as shown in the photos . Mr. Varnes asked Mr. Cinelli how long it would take him to comply. Mr. Cinelli first stated 30 days and then stated 7 days. Mr. Varnes then asked Code Enforcement Officer Ross for his recommendation. Code Enforcement Officer Ross answered that he would like to see all of the tires gone from 19 Cedar Key Court and for Mr. Cinelli to use his Franklin St. office for all of his business . Mr. Wood then explained to Mr. Cinelli the reason for the Code prohibiting accumulation of the tires was to protect his neighbors as well as him. Chairman Carlsson stated that the trailer in the photos needed a tag. Mr. Varnes made a motion to give the respondent 10 days (until July 07 , 1989) to comply with the Code with a fine of $50.00 for each day of noncompliance thereafter. Motion seconded by Mr. Carroll and approved unanimously. Chairman Carlsson signed the compliance order and a copy was given to Mr. Cinelli. OTHER BUSINESS Copy of Ordinance Index This was provided to each member for reference. Copy of Board Member listing This was also provided to each member for reference. Copy of memo, re: Case #87-43 Deputy Clerk Swilley stated that this case and the Board' s recommendation was heard at a recent Commission meeting and the City Manager was given direction by the City Commission to have the City Attorney check into the cost of foreclosure and report back. She further stated that this was in the process now. Copy of Orange co. Animal Control rules/ regulations/booklet Cir This was provided to each Board member pursuant to their request. ANNUAL ELECTION OF OFFICERS Chairman Carlsson opened the floor for nominations for CEB 8/22/89 PAGE 5 Linebarier asked if the respondent had any license at all and Code Enforcement Officer Ross stated that they did not to his knowledge. Chairman Linebarier asked for the property owner, Code Enforcement Officer Ross stated that he did not know. Deputy Clerk Swilley stated that Realty Enterprises Unlimited, Inc. was the property owner but that the tentant was cited since they are the ones in violation. Mr. Carroll moved to find the respondent in violation of section 13.2 of the City Code and to give seven (7) days until August 30, 1989 to come into compliance with a fine of $25.00 per day for each day of noncompliance thereafter. Mr. Varnes seconded the motion. In the discussion that ensued, Chairman Linebarier stated that he supported a stiffer penalty. Mr. Skirvin moved to amend the original motion to raise the fine to $100.00 per day for each day of noncompliance after August 30, 1989. Motion seconded by Vice Chairman Imes. Original motion was passed unanimously and the amendment passed unanimously. Case 89-12, Thomas W. Barnhill, Jr. &/or Jean C. Barnhill Mr. Thomas W. Barnhill was sworn in by Deputy Clerk Swilley. Code Enforcement Officer Ross stated that he received a complaint on July 10, 1989 and upon investigation found two (2) junk vehicles, a red corvair and a black corvair. He stated that a notice of code violation was mailed July 11 , 1989. He further stated that he reinspected August 15, 1989 and found the black corvair gone but the red one still there so the statement of violations and notice of hearing was sent. Code Enforcement Officer Ross stated that he inspected again August 21 and August 22, 1989 and found the respondent still in violation. He stated that the car has an expired tag and is not in operable condition. He then passed two (2) photographs. Chairman Linebarier asked if the grass is grown up around the vehicle or if the grass was dead underneath. Code Enforcement Officer Ross answered, not too badly. He stated that the tires were all up but that the steering wheel is missing. Mr. Barnhill stated that his car did not have a tag. He stated that he has had many conversations with Mr. Ross trying to resolve the issue. He stated that his car is a collector' s item and that he is waiting for parts. Mr. Barnhill stated that working on the car is his hobby. He further stated that on August 23, 1989 Park Ave. Towing will pickup the car and that some work will be done to it but the car will be back later. He then asked what provision were in the code for his situation. Chairman Linebarier stated that the car would have to be in an enclosed carport or garage. He then asked Mr. Barnhill if he could park the vehicle somewhere else. Mr. Barnhill answered that he did not have the money and would like to know the complainant. Chairman Linebarier answered that the complainant was immaterial. CEB 8/24/89 PAGE 6 Mr. Skirvin asked what was needed to make the car street worthy and Mr. Barnhill answered, a steering box and a carburetor. Mr. Varnes stated that he felt this could be a repeat violation. Mr. Carroll moved to find the respondent in violation and to give five days until August 28 , 1989 to come into compliance with a fine of $25.00 per day for each day of noncompliance thereafter. Motion seconded by Mr. Skirvin. In the discussion that ensued, Chairman Linebarier stated that he was going to abstain from voting and would need the appropriate voting conflict form to file. Motion approved unanimously. As a matter of record, the respondent was give a copy of the compliance order. Case 89-13, Reinforced Plastics Mr. Eric Thompson, Vice President of Reinforced Plastics was sworn in by Deputy Clerk Swilley. Code Enforcement Officer Ross stated that he received a complaint on August 14, 1989 and upon investigating 295 Enterprise in the Industrial Park found the violations as cited. He stated that a notice of code violation was issued on August 15, 1989 and upon reinspection August 18 , 1989, a statement of violations and notice of hearing was prepared. He stated that when he tried to deliver it friday afternon (August 18 , 1989) he found the business closed so he delivered it to Casual Line on Story Road in Winter Garden. Chairman Linebarier asked for some examples of how the building is unsafe. Code Enforcement Officer Ross stated that the absence of a sprinkler system is the main problem especially with the high combustion type operation. He stated that the business is a threat to the employees and other businesses in the Industrial Park. Fire Captain Coschignano was sworn in by Deputy Clerk Swilley. He stated that Casual Line originally occupied the building and as a small business with different operations (factory occupancy) , a sprinkler system was not required by Code. He stated that when Reinforced Plastics moved in with construction of fiberglass tables, the scenerio changed and that type of business could not be permitted without sprinklers. Captain Coschignano stated that he had met with Mr. Thompson and understood the problem to be resolved with permits to be applied for. He further stated that he was then counseled by the. City Manager with direction from the City Attorney to proceed with enforcement so that if Reinforced Plastics failed to proceed as promised, the process would be started through Code Enforcement. Code Cre Enforcement Officer Ross stated that the building permit was applied for on August 17 , 1989 for the sprinkler system. Captain Coschignano stated that he has reviewed the plans and that they are engineered. He stated that he has spoken with the Contractor and everything looks O.K. . Chairman Linebarier asked if the sprinkler system would satisfy Cir CEB 8/22/89 PAGE 7 everything and Captain Coschignano answered yes. Mr. Thompson stated that the hold up with installing the sprinkler system has been busy times and the $30, 000.00 the job is costing. He further stated that the contractor feels that 30 days is sufficient to install the system. Mr. Carroll asked the number of employees at Reinforced Plastics. Mr. Thompson answered approximately fourteen (14) . Vice Chairman Imes asked what commencement date the contractor has given. Mr. Thompson stated that the materials were being constructed now. Vice Chairman Imes asked if September 17 , 1989 would be the completion date. Mr. Thompson answered yes . Mr. Varnes stated that he believed a continuance was in order until the end of the 30 days. Chairman Linebarier explained the procedure as to issuing a compliance order with a fixed number of days to comply with a fine attached for noncompliance after that date. Code Enforcement Officer Ross stated that a complete inspection and test would be conducted when the system was installed by Captain Cash, Building Official Flippen and himself. Mr. Carroll moved to find the respondent in violation and to give until September 17 , 1989 to come into compliance with a fine of $250.00 per day for each day of noncompliance thereafter. Motion seconded by Mr. Varnes and approved unanimously. As a matter of record, the respondent was given a copy of the compliance order. OTHER BUSINESS Ordinance 89-21 was provided for each member' s reference. Notice of Dismissal , Case 89-8 - Frank A. Cinelli and/or Emma Cinelli was also provided for reference. COMMENTS Code Enforcement Officer Ross asked if the Board would like more cases like 89-12 brought to them or if he should work with the Police to handle. Chairman Linebarier stated that the Ordinance did not turn out as expected. Attorney Cool stated that the Ordinance was worded as well as could be. He stated that he did not know how, in this situation, there could be an Ordinance to address the problem. Chairman Linebarier advised Mr. Ross to pursue and bring to the Board if necessary. Attorney Cool reiterated that the vehicle drivers/owners could be cited. Attorney Cool stated that recent amendments to State Statutes by the Florida Legislature will take effect October 1, 1989. He stated that he would review the revisions and report back to the Board. He further stated that the revisions would probably require an amendment to the City Code. Chairman Linebarier introduced Teresa Braddy to the Board and explained that she would be the new clerk starting with the October meeting. CEB 8/22/89 PAGE 8 ADJOURNMENT Mr. Skirvin moved to adjourn, seconded by Vice Chairman Imes and approved animously. kofiR ot0j01/1;44A) C/ohn Linebarier, Chairman ATTEST: 2LI Of Susan Swilly, Deputy el L - FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME—MIDDLE NAME AGENCY is unit of: DATA ON WHICH VOTE OCCURRED LIN18AQ l cls► ab1440 hiti' ❑STATE S -22 417 MAILING ADDReuil NAME OF PERSON RECORDING MINUTES ir '✓ Sr ❑COUNTY ZIP COUNTY TITLE OF PERSON RECORDING MINUTES \`L' WCc C. A. 3(176/ 044461 MUNICIPALITY COPE 136A geb CLE gl NAME OF AGENW SPECIFY OCU EC wD t E4Nr- Tial ❑OTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(1979) 1 If you have voted in your official capacity upon any measure in which you had a personal,private,or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: i9e$7 ftU2 /cc#( }riNl SFc,a(a6 o( priso v$c. FRI EMbSAIIP 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: (iv No rnlvA* CAIJ1 3. Person or principal to whom the special gain described above will inure: a.0 Yourself b.0 Principal by whom you are retained: (NAME) SIGNATURE DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON $• -get RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT � P • • WHICH THE VOTE OCCURRED: A • FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict ' of interest arises;if you vote,however,the conflict must be disclosed pursuant to the requirements described above. L , ("iv . NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION,REDUCTION IN SALARY,REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 4-REV.12-79