07-14-1986 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING
HELD JULY 14A 1986
I . ROLL CALL
PRESENT: Vice Chairman Frank Carlsson, Members Gary Carroll ,
Joe Marbais and Ed Foley, Attorney John Hatcher, Building
Official Sam Gerace, Building Inspector Bill Hager, Officer
Ted Silberstein and Deputy Clerk Susan Amesbury.
ABSENT: Chairman John Linebarier, Members Bob Sorenson, Mary
Ellen Frame and Alternate Donald Barker .
Vice Chairman Carlsson declared a quorum to be present and
called the meeting to order at 7:30 p.m. He then led
everyone in the Pledge of Allegiance to the flag.
II. REVIEW AND APPROVAL OF MINUTES
Mr. Carroll that to dispense with the reading of the June 09,
1986 Code Enforcement Board meeting minutes and accept them
as printed, seconded by Mr . Marbais and motion carried
unanimously.
III. VIOLATIONS HEARINGS
A. Twin Lake Utility, Inc. - Case 86-9
Building Official Gerace stated that Twin Lake Utility, Inc.
has complied and the case has been dismissed by the City.
B. Shirley Belasky Cothern - Case 86-10
As a matter of record Mrs. Cothern and her husband were both
present. Building Inspector Hager and Mrs. Cothern were
sworn in by Deputy Clerk Amesbury. Building Inspector Hager
stated that Mrs. Cothern was in violation of section 21-36
and 21-40 of the Ocoee City Code. He further stated that per
his inspection on July 14, 1986 the Red/Maroon Pontiac
Firebird with no tag was still parked in the driveway. Mrs.
Cothern stated that the car was purchased and did not work
and since that time her husband has been working on the
vehicle. She further stated that she did not have the money
to purchase tags for the vehicle and could not see buying the
tag when the car can't be driven at this time. Vice Chairman
Carlsson explained to Mrs. Cothern that she was in violation
of the City Code and read from Section 21-36 and 21-40. He
then questioned Mrs. Cothern about what was needed to get the
car running. Mrs. Cothern stated that the car needed a
motor. Vice Chairman Carlsson asked Mrs. Cothern when she
was made aware that she was in violation. Mrs. Cothern could
not recall exactly when she first received notice. City
records indicate the vehicle was first cited with a Notice to
Remove from the Police Department, served by Officer
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Silberstein. Officer Silberstein was introduced to the Board
at this time and stated that he had served the Notice to
Remove on May 07, 1986 at 10: 15 p.m. Attorney Hatcher stated
that the City Ordinance reads that it is unlawful to have an
inoperable vehicle unless it is in a covered carport or
garage. Building Inspector Hager stated that Mrs. Cothern's
place of residence at 402 Cabellero does not have a carport,
only a concrete pad, which is where the vehicle is located.
Vice Chairman Carlsson asked Mrs. Cothern when she could have
the vehicle tagged and running . Mr . Cothern answered that he
needed at least 2 additional weeks to complete repairs. Mr .
Marbais made a motion to give the respondent until July 28,
1986 at 4:30 p.m. to have the car tagged and operable with a
fine of $15.00 per day for each day of noncompliance
thereafter, seconded by Mr. Carroll and approved unanimously.
IV. OTHER BUSINESS
Officer Silberstein asked Attorney Hatcher about the legal
procedure to follow when there is a junk vehicle on property
where no one resides. Attorney Hatcher stated that there
were three (3) potential individuals who could be cited
whenever a vehicle is parked on private property, the
property owner, car owner or tenant. He further explained
that if the car is parked on a City street or right-of-way
the person to cite would be the vehicle owner . Officer
Silberstein also questioned the procedure to follow when he
could not locate an individual to sign the Notice to Remove.
Attorney Hatcher suggested turning these situations over to
City Hall for further research in the tax rolls and water
records.
V. COMMENTS
A. City Manager - None
B. Fire Inspector - None
C. Building Official - None
D. Board Attorney - None
E. Citizens - Mrs. Cothern asked the Board if a vehicle
which was tagged and needed work would be considered a junk
vehicle. Mr. Carroll stated that technically, yes it would
be in violation because the ordinance classifies an
inoperable vehicle as a junk vehicle. Attorney Hatcher
stated that although the ordinance reads it is unlawful, the
Police officers do not cite every inoperable vehicle owner
with a Notice to Remove. He stated that the City Officials
and Police Officers are fair and would give reasonable time
in cases like this. Vice Chairman Carlsson stated that the
Board always looks at both sides of these cases. Officer
Silberstein stated that prior to this Board meeting he was
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glow under the impression that if a junk vehicle was moved into
the driveway it was in compliance with the City Code. He
further stated that since he had the provision to the Code
clarified, he would begin to cite junk vehicles parked in a
driveway not protected from the elements.
F. Board Members - None
VI. ADJOURNMENT
Mr. Carroll made a motion to adjourn, seconded by Mr. Foley
and approved unanimously . Meeting adjourned at 8:00 p.m.
Frank Carlsson, Sr . Vice Chairman
ATTEST:
Deputy Clerk Amesbury
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