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06-16-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 16, 2009 at 7:02 p.m. Members attending were James Purvis, Chairman, Dave Holt, Tim Murry, James Davern and Alfred Mannella. Also attending were Jim Hitt, Planning Director, Suzanne O'Shea, Code Enforcement Officer, Betty McMinamen, Code Enforcement 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 May 19, 2009 were approved as written. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Betty McMinamen, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that case numbers 09-511 and 09-517 have complied and will not be heard. NEW BUSINESS CASE NO. 09-503 Celebration of Praise Church of God 3700 S. Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 3700 S. Highway 27, Clermont, FL 34711 VIOLATION: Chapter 86, Section 141, Failure to adhere to obligations of CUP. City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Betty McMinamen 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 this Conditional Use Permit by failing to make the driveway connection from the church property to the South Clermont Connector within twelve (12) months of the completion of the South Clermont Connector, which is now known as Hammock Ridge Road, and given to Lake County Public Works on February 19, 2008, for continuing maintenance. Compliance of this violation will be when the driveway connection has been completed as defined in Paragraph 6, Section 4, of this Conditional Use Permit and agreed with the City of Clermont in Resolution No. 1310. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 Chris Dutruch, Senior Pastor of Celebration of Praise, became Pastor of Celebration of Praise in December of 2007. He stated that upon arriving to Celebration of Praise the church had just come through some challenging times. He stated he was not aware of the condition stating that they have to attach this street to Hammock Ridge Road. He stated he was made aware of this by city staff in late spring. He stated that he has a bid of $200,096.00 for a street to connect the parking lot to Hammock Ridge Road. He stated that he met with Mr. Hitt to find out what they were suppose to do and how they are suppose to facilitate this. He stated that when he arrived to the church they went from an attendance of 1200 to an attendance of 600 members in a three month period of time. He stated that he realized there was no way he could come in compliance by the compliance date. He stated that he has talked with the developers for the neighboring property and were trying to work out an agreement with them because they need an easement onto the churches property. He stated they have not come to an agreement, but they are close. He stated that they have faced a major economic issue within the church with members losing their jobs. He stated that his first challenge he faced when he arrived to the church they had to cut $1,000,000 from the budget just to keep the doors open. He stated that it is challenging in these economical conditions to come up with $300,000 to get the road put in. He stated that they are in the process of refinancing the mortgage for the church to find the money for the road. He stated that they do want to be compliant but they are at a crossroad right now trying to find the money to put the road in. He stated that it might be a four to six month process to get the refinancing. He stated that they do not want to be a burden to the city they want to be an asset to the community. He stated that he is asking for an extension of the compliance date to overcome this economic challenge. Board member Davern asked about a plan that he is working on to become compliant. Mr. Dutruch stated that they are hoping on the refinancing that should be done by the end of the year. Board member Davern asked what the length of the road is that is required to be put in. Mr. Hitt stated that it is about 1200 feet. He stated that he has to widen the road at Hammock Ridge Road. He stated that it has to be paved with internal landscaping and irrigation. Board member Murry asked when was the church notified Code Enforcement Officer Betty McMinamen stated that they were notified Apri121, 2009. The church had 12 months from February 19, 2008 and the conditional use permit states they had 12 months from that date to facilitate the condition. Chairman Purvis stated the church has been an asset to the community however they have to adhere to the contract. He stated the conditional use permit almost did not get approved until the church agreed to the condition of adding the road. He stated that the u-turns that are being done in front of Kings Ridge are a traffic hazard to that area. He stated that the church needs to rethink their priorities. Mr. Dutruch stated that he if it was not for the successful daycare they would not be making it right now. He stated that the church has probably lost $20,000 a week but he still has the same expenses. He stated a lot of people have lost their jobs and they have done a lot of cuts. He stated his priority right now is to 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 pay the electric bill to keep the lights on which are over $10,000 a month. He stated it cost him $73,000 a month just to open the doors and that is before buying any supplies. He stated that if he had the money he would have already put the road in, but he has to wait for the refinancing. Chairman Purvis asked if the Church of God have the ability to assist him with his needs. Mr. Dutruch stated that the church is the feeder to the headquarters, so if the church itself is hurting so is the headquarters. Chairman Purvis stated that if they do not put in the road they are jeopardizing the CUP. Without the CUP there is no church. He asked what the plan is to complete this project. Mr. Dutruch stated that they have the bid, they have the engineering so they are ready to do the project when they get the money. They have submitted plans to the city. Mr. Hitt stated that what the Board is looking for is a time frame of completing the road. Board member Davern stated explained what the board could do and explained the process. He stated that there has to be some type of corrective action taken on this case. He stated that they can see that there has been some sort of progress done. Shawn Cort stated that they do understand the gravity of not being in compliance. He stated that they need to sit down with the books and come up with a projection to complete the road. He asked for an extension to the next meeting to give them time to come up with a plan for completion. Mr. Mantzaris stated that he appreciates that they are trying to do. He stated that they are before the Board giving the church a break because they could be taking the matter before the Council to ask for revocation of the CUP. He stated they have elected not to do this to give them an opportunity to become compliant. He stated it is up to the Board if they want to postpone this matter, however if they assess a fine the church can come back later to ask for forgiveness or a reduction of the fine when the project is complete. He stated they cannot pick and choose which CUPS they enforce. James Davern made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $100.00 per day for every day in violation starting July 1 S 2009 • seconded by Tim Murry The vote was unanimous in avor of finding the Respondent in violation and in favor o the time period and the amount of the fine. CASE NO. 09-505 Smokey Valley Stone Company 515 Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 515 Highway 27, Clermont, FL 34711 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 VIOLATION: Chapter 34, Section 34-61(1)(2) 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 following conditions that exist on the property: Excessive overgrowth of tall grass and weeds inside and outside of the fence. Collection of refuse consisting stone, metal, building debris, and similar items. Compliance of this violation will be when the following conditions are met: The property is cleaned of all weeds, grass, and excess vegetation, uniformly trimmed and mowed to the curbs of both streets, with all clippings removed from the property. All refuse, debris and similar items are removed from the property. The Respondent was not present. Tim Murrv made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $150.00 per day For everv day in violation startin~ly 20 2009 • seconded by David Holt The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount o the rne. CASE NO. 09-506 Ivan & Carmen Nieves 1140 Anderson St. Clermont, FL 34711 LOCATION OF VIOLATION: 1140 Anderson St., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344; No permit for sign in front of business. 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 sign for the business `Infinite Signature Home Theater Design' that was not properly permitted through the City of Clermont. Compliance of this violation will be when the sign is properly permitted through the City of Clermont Zoning and Building Departments. (352-394-4083 ext 319), or permanently removed. The Respondent was not present. Tim Murrv made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $S0. DO per day for everv day in violation starting June 20 2009 • seconded b~lfred Mannella 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 The vote was 4-1 in favor of finding the Respondent in violation and in favor of the time period and the amount of the ane with Chairman Purvis opposing the leniency of the, ane CASE N0.09-509 Skram Realty, Inc. 848 W. Osceola St. Clermont, FL 34711 LOCATION OF VIOLATION: 848 W. Osceola St., Clermont, FL 34711 VIOLATION: Chapter 34 Section 34-61 (2), 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 accumulation of debris, which includes piles of wood near the lake, and two large piles of dirt on the property. Compliance of this violation will be when all of wood debris is properly disposed of, and the dirt piles are removed or leveled out. The Respondent was not present. James Davern made a motion to end the Respondent in violation of the cited City code and be aped at a rate of $100.00 per day for every day in violation starting June 17 2009 • seconded by Alfred Mannella The vote was unanimous in favor of finding the Respondent in violation and in favor of the time ep riod and the amount of the ane. CASE N0.09-515 Tommy Wootson 714 Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: 714 Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2), 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: that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions that exist on the property: Excessive overgrowth of tall grass and weeds, thick brush and undergrowth, and branches and logs. Compliance of this violation will be when the following 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 conditions are met: The entire property is cleaned of all weeds, grass, and excessive vegetation, with all refuse and vegetative debris removed from the property. Tommy Wootson stated that this has been a wooded area as long as he owned the property. He stated that this is vacant land and since it has been cleared the wildlife is gone and he liked having the wildlife there. He stated that they will clean up all the debris that is on the property. He stated there are no dilapidated buildings on his building. Board member Murry explained the reasoning for cleaning up the neighborhood. Mr. Wootson stated that what needs to done he will take care of cleaning it up. James Davern made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $50.00 per day for every day in violation startingJuly 20 2009 • seconded by Alfred Mannella The vote was unanimous in favor o£ finding the Respondent in violation and in favor o the time period and the amount o the fine. CASE N0.09-516 James L. Montgomery Interior vacant lot between Bloxam and Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: Interior vacant lot between Bloxam and Scott St., Clermont, FL 34711; Alternate Key # 1616379 VIOLATION: Chapter 34, Section 34-61 (1)(2), 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 following conditions that exist on the property: Excessive overgrowth of tall grass and weeds, thick brush and undergrowth, and branches and logs. Compliance of this violation will be when the following conditions are met: The entire property is cleaned of all weeds, grass, and excessive vegetation, with all refuse and vegetative debris removed 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 fined at a rate of $75.00 per day for every day in violation starting July 20 2009• seconded by Tim Murry The vote was 4-1 in favor of finding the Respondent in violation and in favor o the time period and the amount of the Erne with Alfred Mannella opposing 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 16, 2009 CASE N0.09-518 Lyndon & Gillian Alleyne 611 Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: 611 Scott St., Clermont, FL 34711; VIOLATION: Chapter 34, Section 34-61 (1)(2), 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 overgrowth of tall grass, weeds and thick underbrush on the lot, in addition to the debris consisting of but not limited to; concrete blocks, garbage, metal, tires etc. Compliance of this violation will be when the entire premises have been completely cleaned of all excess vegetation, underbrush and weeds, and all debris and garbage removed from the property. Gillian Alleyne stated that all the garbage has been removed, tires have been removed and the weeds have been mowed. He stated that there are just a few limbs that need to be removed. Dave Holt made a motion to end the Respondent in violation of the cited City code and be fined at a rate o $SO OOper day for ever~day in violation startin,~July 20 2009 seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the fine. There being no further business, the meeting was adjourned. ttest: c ,~ ~~_ Rae Chidlow, Code Enforcement Clerk Purvis, Chairman 7