Loading...
05-19-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 19, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, May 19, 2009 at 7:00 p.m. Members attending were James Purvis, Chairman, Dave Holt, Tim Murry, Les Booker, James Davern and Alfred Mannella. Also attending were Jim Hitt, Planning Director, Suzanne O'Shea, Code Enforcement Officer, Alan Freeman, Water Conservation Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, and Rae Chidlow, Code Enforcement Clerk. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of March 17, 2009 were approved as written. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Suzanne O'Shea and Water Conservation Officer Alan Freeman, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and Attorney. City Attorney Dan Mantzaris stated that case numbers 09-489, 09-497, 09-498, 09-500 and 09-501 have complied and will not be heard. He stated that case number 09-499 will be withdrawn at this time. NEW BUSINESS CASE N0.09-493 John Cummings ET AL 1340 Camden Court Clermont, FL 34711 LOCATION OF VIOLATION: 1340 Camden Court, Clermont, FL 34711 VIOLATION: Chapter 366-C, Water Restriction. City Attorney Dan Mantzaris introduced the case. Water Conservation Officer Alan Freeman stated that this case began on April 30, 2008 when the Cummings residence was issued a warning citation for watering outside the permissible schedule allowed by both St. John's and the City ordinance. He stated that on May 8, 2008 he went to the house and they were again watering. That was on a Thursday at 11:30 in the morning. He stated that their days to water are Thursday and Sunday and the first time was on a Wednesday. He stated the times for watering on their days are no later than 10:00 am and not before 4:00 pm. He stated that he spoke to Mrs. Cummings at that time and gave her a courtesy notice and explained that if it occurred again within a year she will be met with a 2"d violation and $50 fine. He stated that on Wednesday, February 18, 2009 at 9:30 in the morning he went past the Cummings residence at 1340 Camden Court and their irrigation was running. He stated that at that time a 2"d notice was written and placed on the door. They were also sent regular mail certified copies of that citation. He stated that it went past the 15 days 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 19, 2009 that is allowed for payment. He stated that on March 23, 2009 he sent another certified letter that they did receive that explained to them that the payment needed to be made by the 31St of March or it will be turned over to Code Enforcement. The Respondent was not present. City Attorney Dan Mantzaris stated this case is seeking to confirm that the violation has been found and that a fine of $50 was imposed and has not been paid. He stated that they are looking for an order from this Board finding that the Respondent owes the City $50 and creating a lien in the amount of $50 on this property. James Davern made a motion to find the Respondent in violation of the cited City code with the assessed one and to place a lien on the cited property o~$SO immediatel~,• seconded by Les Booker. The vote was unanimous in favor o~findi~ the Repondent in violation and in avor of immediatel~placin~ a $50 lien on the property. CASE N0.09-491 Highland Associates, LLC Northwest corner of Grand Highway Clermont, FL 34711 LOCATION OF VIOLATION: Northwest corner of Grand Highway, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102-7 (1) Sign Exceeds Size Allowance. City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you axe in violation of the referenced section of the City of Clermont Code of Ordinances due to the `RENT NOW HILLSIDE VILLAS....' sign that exceeds the maximum of six square feet for residential signage, additionally; it is not located on the property offered for rent. Dan Harbridge stated that this property is owned by the same group of companies. He stated that just because the property is in different names it does not mean that it is not owned by the same company. He stated that this is a commercial piece of property and the sign is 4 x 8 so it is 32 square feet. He stated their opposition is that the sign is in compliance. Chairman Purvis stated that is sounds like there is a question about the zoning of the property. Planning Director Jim Hitt stated that there is a frontage area which is where the sign is located and it is zoned R-3-A. The sign is not on the C-2 property. He stated that has been on the zoning map for at least five years. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 19, 2009 Board member Booker asked why the zoning would be mixed for that piece of property. Mr. Hitt stated that he did not know. Mr. Mantzaris stated that it is not uncommon especially on undeveloped properties. He stated that it typically gets resolved when the seller wants to develop it. He stated when the record shows the mixed uses then the property owner applies for a rezoning of the property. Chairman Purvis asked the Respondent if they have ever attempted to file any development plans for that property. Mr. Harbridge stated they have not had any development plans for that property. Mr. Mantzaris stated that this is not a unified parcel, it is not under one unified development or it is not being developed to engulf the entire property. He stated that the clear intent of the City's code is to advertise for sale and for lease on the particular piece of property that is for sale or lease. He stated that also there was no permit for the sign. Mr. Harbridge opposes the time limit to remove the sign. He stated that he needs more time to remove the sign. Chairman Purvis stated that he feels 30 days to remove a sign is too long. James Davern made a motion to find the Respondent in violation of the cited City code and be rued at a rate of $100.00 per day for every day in violation starting June 16, 2009; seconded by Alfred Mannella. The vote was 5-1 in avor o~,finding the Respondent in violation and in avor of the time period and the amount o~the fine with Tim Murray opposing. CASE N0.09-492 East Lake, LLC Brookdale Loop Clermont, FL 34711 LOCATION OF VIOLATION: Brookdale Loop, Clermont, FL 34711 VIOLATION: Chapter 94, Section 94-199; Sediment Control. City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the properties, roadway, and storm drains around Brookdale Loop that do not have the required sediment control measures. Compliance of this violation will be when the premises have 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 19, 2009 met the following: l) -Properly install silt fences around the properties under construction so they stand erect, are adequately trenched into the ground, and prevent all soils from run-off into the roadway and storm drains. 2) -Remove all sediments from the roadway and storm drains. 3) -Properly install storm drain protection (i.e.-sock drains) to prevent sediment from further entering the drain. Curt Cogan, 161 W. Reading Way, Winter Park, stated that his brother and he have been local developers for about 20 years and they started on this project over 6 years ago. He stated that a process that should have taken months took over a year and a half. He stated the plat was done improperly and approved by the city. He stated they had to go back and do a re-plat. He stated that this subdivision has been a burden on him and his brother. He stated they were left with trying to sell property in the worst real estate market. He stated that when they were cited in 2007 they made all the corrections that were necessary for compliance. He stated that this property is in foreclosure, so there are no guys to take care of the issues. He stated that it is only himself to take care of things and out of his own pocket. Chairman Purvis asked if he is still the owner of the property. Mr. Cogan stated that the foreclosure proceedings have started but East Lake, LLC own it currently. Board member Booker asked how long it will take to make the property compliant. Mr. Cogan stated that 45 to 60 days to clean up the property should give him enough time to make the property compliant. Board member Booker asked what the City wants with this property. Mr. Mantzaris stated that the City wants the property cleaned up and in compliance as soon as possible and they want the property to remain in compliance. Board member Booker stated that assessing a big fine when he needs the money to correct the problem really isn't going to solve the problem. Mr. Mantzaris stated that he does not necessarily disagree with Mr. Booker; however it will provide an incentive to get the job done. He stated that fines can always be reduced or waved at the point they reach compliance. He stated that there are individuals who live out there that want something done. James Davern made a motion to find the Respondent in repeat violation of the cited City code and be fined at a rate of ,$250.00 per dad or every day in violation starting April 1 2009 • seconded by Les Booker. Alfred Mannella made an amendment to the motion to f nd in repeat violation of the cited City code and be trued at a rate of $250.00 per day for every day in violation starting July 1 2009. James Davern and Les Booker agreed to the amendment. The vote was unanimous in favor of the amended motion fndinQ the Respondent in violation and in favor o the timeperiod and amount o theme. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 19, 2009 CASE N0.09-495 Tiproel, LLC Vacant lot Bloxam Ave., Alternate Key 1109957 Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot Bloxam Ave., Alternate Key 1109957, Clermont, F L 34711 VIOLATION: Chapter 34 Section 34-61, Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the property being overgrown with grass and weeds, in addition to the refuse located on the property consisting of branches, garbage, and miscellaneous debris. Compliance of this violation will be when the premise meets the following conditions: All debris/garbage, dead branches etc. removed from the entire property, and the right-of--way. Mow/bush-hog 50 ft in from all sides of the property, and remove all cut vegetation from the property. The Respondent was not present. James Davern made a motion to find the Respondent in violation of the cited City code and be~ned at a rate of $100.00 per dad or every day in violation starting June I5, 2009; seconded by Tim Murry. The vote was unanimous in avor of tndin~ the Respondent in violation and in favor o the time period and the amount o the one. CASE N0.09-496 Jerome A. & Juliana Cuthbert 2860 Beaver Ridge Loop Clermont, FL 34711 LOCATION OF VIOLATION: 2860 Beaver Ridge Loop, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (14), Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that that you are in violation of the referenced section of the City of Clermont Code of 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 19, 2009 Ordinances due to the condition of the pool being stagnant, green, and infested with insects having the potential of causing disease. Compliance of this violation will be when the pool is chemically treated so that the water remains clear and in good condition. You are directed to take the above action for compliance by Friday April 10, 2009. The Respondent was not present. Chairman Purvis asked if there was power to the house. Ms. O'Shea stated there has not been power to this house for quite some time. Board member Murry asked if the house was secure. Ms. O'Shea stated that the house is secure, but the pool area is not secure. She stated that the screen door is not locked. There was discussion on what the City can do to address issues such as this case and the possible financial burden on the City. Mr. Mantzaris stated that they can't say the City is going to take action on it; they are just seeking the authority to do it if the City can find the resources to get it done. James Davern made a motion to find the Respondent in violation of the cited City code, there is a serious threat to public health safety and welfare and be fined at a rate of $250.00 per dad for every daY in violation starting y 19, 2009; seconded by Les Booker. The vote was unanimous in favor of rndin the Respondent in violation and in favor of the time period and the amount o the ane. There was discussion about the current Lien Status Report. There being no further business, the meeting was ad?n„rnP~l test: r Rae hidlow, Code Enforcement Clerk 6