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07-15-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, July 15, 2009 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Tim Murry, Les Booker 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. Ken Forte introduced himself and was sworn in. The minutes from the Code Enforcement Board Meeting of June 16, 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 09-520, 09-521, 09-525, 09-528, 09-529 and 09- 530 have complied and will not be heard. NEW BUSINESS CASE N0.09-457 & 09-458 Clermont Equestrian Saddlery & Tack, Inc. 750 W. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 750 W. Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-243 (c), Outdoor storage must be screened from view. VIOLATION: Chapter 122, Section 122-244 (a), Building Permit Required. City Attorney Dan Mantzaris introduced the case and stated the Respondent has a request for the Board. Carol McDaniel, 750 W. Desoto Street, stated that for the storage unit she has received her building inspection final for Case No. 09-458 and is waiting on fire inspection final that should be complete July 16, 2009. She stated she will meet her compliance date of July 21, 2009 on Case No. 09-458. She asked the Board for a six month extension on Case No. 09-457 to complete the privacy fence. City Attorney Dan Mantzaris stated that Case No. 09-458 should be compliant by July 21, 2009. He stated that the issue is the request for the extension on Case No. 09-457. He stated that this case came CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 before the board in January and now we are in July. He stated that they recognize the issues the Respondent faces and the economic situation, but staff really cannot support asix-month extension and would like to keep the July 21, 2009 compliance date. He stated that if she shows due diligence and an ability to move quickly on this, then she can come back before the Board to request a reduction or forgiveness of the fine. Chairman Purvis asked if this is a safety issue or more of a cosmetic issue. Mr. Mantzaris stated that this is not a public health safety issue. He stated the privacy fence will block the view of the outside storage. Chairman Purvis asked if there were any areas of the fence that are more visible to the general public than other areas. Code Enforcement Officer Betty McMinamen stated that CBD zoning requires outside storage to be enclosed by a privacy fence. She stated that this property has a chain link fence surrounding it at this time. She stated that she was given asix-month extension from the January hearing. Board member Ken Forte asked how large of an area needs to be fenced. Planning Director Jim Hitt stated that she does have the permit for the fence and showed the Board an aerial showing what needs to be fenced. Board member Les Booker asked if there was a violation written on this property previously. Ms. McMinamen stated that there was athirty-day notice written on September 2, 2008, and the Board heard the case on January 20, 2009. Board member Alfred Mannella stated that she has shown a certain amount of good faith, but he agrees with staff and she had approximately ten months to complete the issues. Alfred Mannella made a motion to grant the Respondent's request for an extension of the cited Ci code and be fined at a rate of $250.00 per day or every day in violation starting September 21 2009 seconded by Les Booker. Alfred Mannella and Les Booker agreed to amend the motion date to September 1 S, 2009. The vote was 4-1 in favor of ring the Respondent's request and in favor of the time period and the amount o the fine with Tim Murry opposing to the extension date CASE N0.09-494 936 lOt" Street, LLC 936 lOt" Street Clermont, FL 34711 LOCATION OF VIOLATION: 936 10`" Street, Clermont, FL 34711 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 VIOLATION: Chapter 122, Section 122-262 Failure to obtain site plan approval prior to converting building. 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 failure to go through required Site Plan Review with the city, before converting the residential property to a commercial business. Compliance of this violation will be when a site plan review regarding the property is approved by the City of Clermont. Arrangements and specific questions as to the procedures can be directed to Curt Henschel at (352) 241-7308. Board member Booker asked the nature of the business located at this address. Ms. O'Shea stated that it is a roofing business. Board member Booker asked if this is a home office. Ms. O'Shea stated that this is not a home business, and they do not live there. Board member Booker asked if this is a commercial building. Ms. O'Shea stated that it is in M-1 zoning, so the commercial use is approved to be there, it just has to go through site review to make sure the landscape, buffers and drainage are approved for the site. Rick McCoy, 606 S. Main Avenue, Minneola, stated that it is tough times right now. He stated that he has been working on this project, but they are going to need some variances for this site. He stated if they can get the variances that are necessary for the site, the September 15, 2009 compliance date will be close, but maybe not impossible. Chairman Purvis asked what the challenges are for this site. Mr. McCoy stated that it was built as a residential home and there just isn't enough room for the parking. He stated that there is also a 36 inch oak tree right in the middle and they would like to work around that because it would be a shame to lose that tree. He stated that he needs variances for parking and landscape buffers. He stated they will meet with staff next week to see what they are willing to approve. Board member Les Booker asked why they would move in to operate a business without city approval. Mr. McCoy stated that he cannot speak for the owner, but he bought it at M-1 zoning and moved in and started business. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 Board member Booker asked what are the recommendations of the city for this case. Mr. Mantzaris stated that they are not looking for the needed renovations to be complete by September 15, 2009, only an approved site plan for the site. Tim Murry made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $150.00 per day for every day in violation starting September I5. 2009• seconded by Ken Forte. The vote was unanimous in avor of finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE N0.09-504 First National Bank of Mount Dora Trustee FBO Opal Simer Bailey 1320 US Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 1320 US Highway 27, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9; Maintenance of vacant property. City Attorney Dan Mantzaris introduced the case. He stated that staff has worked with the Respondent to this point. He stated they have gotten good response from the Respondent. He stated that they recognize that this is a large undertaking on a piece of property that needs to be addressed in the best interest of the City, but also that the bank as trustee of this has certain obligations they have to maintain with regards to preservation of the asset. He stated that the city has worked with them and feel they have reached a resolution. He stated that there is a stipulated final order for the Board to consider that will help resolve this situation in the best interest of both the City and the property owner. 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: The property is currently vacant and unusable as is, posing a danger to anyone who resides or loiters on the property. The interior of the buildings are insanitary, do not have active utilities, and are in general disrepair; the buildings are unfit for human habitation. (Section 108.2- Closing of vacant structures); (Section 108.1.3- Structure unfit for human occupancy); The accessory structure on the northeast side of the property is in extreme disrepair,(Section 302.7- Accessory Structures); The pool does not have a functioning filter or a pool cover, therefore collecting rainfall. (Section 303.1- Swimming pools); Refuse and garbage accumulating on the property, in addition to plants and weeds in excess of 18 inches. (Section 302.1- Sanitation); (Section 302.4- Weeds). Action required to correct violations: Repair and reconstruct all structures on premises to meet current codes, or demolish and remove. The swimming pool must be maintained so that it remains sanitary and clean. All garbage, refuse, etc. must be cleared from the property. All weeds and grass must be maintained so not to exceed 18 inches in height. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 City Attorney Dan Mantzaris stated that this property is going to take a little more effort and time to get into compliance. He stated that compliance would be either tearing down the entire structure or rebuilding to current code which cannot be done overnight which is why the compliance date is July 21, 2010. He stated that he wants the Board to include in the order a requirement that the property owner continue to maintain the fence around the property so the property is secure, to maintain the security lighting at all times and to remove all the debris, refuse and weeds in excess of 18 inches. He stated that the recommendation is that the Respondent has until July 21, 2010 to come into full compliance and until August 21, 2009 to complete and maintain the three items just discussed. Chairman Purvis asked what will happen after July 21, 2010 if not compliant. City Attorney Dan Mantzaris stated that the fine would start and if the property continues to be in a public health safety welfare situation then the city would probably have to step in to abate the nuisances on the property. He stated that it will be very costly to the city if they have to do this. Maggie Evans, Attorney in Mt. Dora, stated that she is representing the Trustee First National Bank of Mt. Dora. Bill Binneveld stated that he is the Vice-president Trustee officer of First National Bank of Mt. Dora. Chairman Purvis asked if they agreed to the terms that are being offered. Mr. Binneveld stated that they do agree to the recommendations. Board member Ken Forte asked if the property will just sit because the bank is hoping to sell the property or will it be worked on. City Attorney Dan Mantzaris stated that the fencing, lighting and the maintenance will have to be maintained throughout the course of this issue. Board member Alfred Mannella asked when did the bank become trustee of the property. Ms. Evans stated that the owner died six-months ago but they became trustees in November or December 2006. Chairman Purvis stated it would be nice to at least paint the structure. Ms. Evans stated that could possibly be done. She stated that whether they come into compliance or if they demolish the structure would be costly either way. Les Booker made a motion to st~f's recommendation of continued maintenance of the property and to .f nd the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for every day in violation startin~July 21 2010 ~ seconded by Tim Murry. The vote was unanimous in favor of 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 Staff's recommendation and andin the Respondent in violation and in favor of the time period and the amount of the f ne. CASE N0.09-526 James F. Campbell & Audrey E. Smith-Campbell 125 Pacific Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 125 Pacific Avenue, Clermont, FL 34711 VIOLATION: Chapter 122 Section 122-344, No permit for accessory structure in rear yard. 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 not obtaining a permit for the accessory structure in the rear yard of the residence. Compliance of this violation will be when the accessory structure has been properly permitted through the City of Clermont Zoning and Building Departments or removed from the property. James Campbell, 125 Pacific Ave., stated that at the time he was building the structure he was not aware he had to pull a permit for a bird house. He stated that as soon as he found out he called to find out the procedure. He showed pictures of his structure to the Board. Board member Les Booker asked what type of birds. Mr. Campbell stated that he has six white doves. He stated that if he has to pull a permit he will do that. Les Booker made a motion to fnd the Respondent in violation of the cited City code and be Tned at a rate o $If 00 00 per day for every day in violation starting August 17 2009 ~ seconded by Ken Forte. The vote was unanimous in avor o~ indingthe Respondent in violation and in favor of the time period and the amount of the fine. CASE NO. 07-367 William M. & Renee L. Banzhaf 790 Minneola Avenue Clermont, FL 34711 FORGIVENESS OF FINE: 790 Minneola Ave., Clermont, FL 34711 City Attorney Dan Mantzaris introduced the case. He stated that this case has been brought into compliance and there is a fine of $81,400. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 Bill Banzhaf, 790 W. Minneola Ave., explained his position in the community. He explained the nature of the case and his options that he attempted to work through prior to doing the work that was eventually completed to bring the building into compliance. He stated that the building is in compliance and he now has tenants that will be moving into the building soon. He stated that he is asking for forgiveness of the fine. City Attorney Dan Mantzaris stated that staffs concern is this Board gave a time frame to come into compliance. He stated that even though Mr. Banzhaf and associates have completed the work, staff feels they were not as active in the beginning to complete the project. He stated that because of that the staff, building official, fire marshal and code enforcement officers had to spend a lot of time out there on the project. He stated that the tenant aspects of the issues were taken care of in fairly due course on this property. He stated that they acknowledge that part of the delay was used to figure out whether they could repair this building or demolish the building. He stated that city is not in favor of full forgiveness of the $81,400; the city has time and expenses associated with this. He stated that it is the city's recommendation is that the $81,400 fine be reduced to $1,000 with the stipulation that it be paid within 90 days of today. Board member Tim Murry stated that he agrees with staff fora $1000 fine, if the city feels that is enough to cover the time and cost that are involved in this case. Board member Les Booker stated that the issue is compliance. He stated that Mr. Banzhaf spent a lot of money bringing this building into compliance and the city will benefit with the compliance. He stated that he could easily forgo the fine. He stated that he can live with the $1000 fine but that would not be his choice. Board member Alfred Mannella stated that he feels the city is very generous to the Respondent and he can agree to the $1000. Chairman Purvis stated that he concurs with what everyone has said, but to run a city you are going to have fixed cost for the staff members. He stated that $1000 is reasonable. Due to the amount of effort and money put into the building, the fact now we have a viable building downtown that will once again have tenants in it, and will stay on the tax roll instead of becoming a vacant lot with weeds on it, he stated this gives him reason to lean toward full forgiveness. Board member Ken Forte stated that he does not disagree with anything that has been said. He stated that we have to deal with violations fairly. He stated that the city recommends $1000, but what if the Board recommends $500 on the basis that this is something that has gone on for a long period of time. He stated that he appreciates the effort that the Respondent has spent to make a viable piece of property for revenue for the town, but some kind of a fine should be levied, whether $500 or $300, just on principle of a fine. Ken Forte made a motion to ~rgive $81,000 of the $81,400 one with the remaining $400 to be paid within 90 days; seconded by Les Booker. The vote was unanimous in the amount of the one required to be paid within 90 days. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 CASE NO. 09-531 Eliana Madrid 1521 Muir Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1521 Muir Circle, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9, High grass/weeds &untagged vehicle 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: Untagged vehicle on the property. (Section 302.8 Motor Vehicles) High grass and weeds in excess of 18 inches (Section 302.4 Weeds). Action required to correct violations: Removal of all untagged vehicles on the property. Mow grass and weeds on the property, including to the street right-of- way. Les Booker made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $100.00 per day_ or every day in violation starting August 4, 2009; seconded by Alfred Mannella. The motion was amended to f nd the Respondent in violation of the cited City code and be fined at a rate o $250.00 per dam for every day in violation startin~Qust 4, 2009 with Les Booker and Alfred Mannella a rig to the amendment. The vote was unanimous in favor of ~ndin,~ the Respondent in violation and in favor of the time period and the amended amount of the one. CASE NO. 09-532 Naomi S. & Selwyn Balkissoon 185 Sutter Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 185 Sutter Dr., Clermont, FL 34711; VIOLATION: Chapter 34, Section 34-61 (1), 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. Compliance of this violation will be when the following conditions are met: The entire 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 15, 2009 property is cleaned of all weeds, grass, and excessive vegetation, with all vegetative debris removed from the property. Tim Murry made a motion to find the Respondent in violation of the cited City code with no fine assessed at this time • seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation. There being no further business, the meeting was adjourned. Attest: ~~ , Rae Chidlow, Code Enforcement Clerk 9