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09-15-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 15, 2009 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, David Holt, Tim Murry, and Alfred Mannella. Also attending were Jim Hitt, Planning Director, Suzanne O'Shea, Code Enforcement Officer, Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, and 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 August 18, 2009 were approved as amended. 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 Yvette Brown stated that for case numbers 09-559, 09-560, and 09-563 have complied and will not be heard. NEW BUSINESS CASE N0.09-556 Virgil & Darlene Dempsey 663 W. Minneola Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 663 W. Minneola Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9, IPMC City Attorney Yvette Brown 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 here 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: Sec. 302.7- rear privacy fence is in disrepair with broken or missing sections. Sec. 304.2- exterior wood surfaces in disrepair from lack of protective covering. Sec. 304.5- openings in foundation walls permit entry of rodents and other pests. Sec. 304.6- holes, breaks and decayed wood existing in all of the exterior walls. Sec. 304.7- daylight comes through from the roof to the inside of the home in several places, plus rotting wood showing in CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 the fascia and soffit areas. Sec. 304.13.1- missing and/or cracked glass in windows throughout the building. Sec. 304.13.2- windows have been painted shut and cannot be opened. Sec. 304.14- missing screens on windows throughout the dwelling. Sec. 304.15- neither front porch door or main door into house fill existing frames. Sec. 305.3- interior walls and ceilings have missing pieces, holes and water stains. Sec. 306.1- missing guardrails on rear deck and missing handrails on steps in addition to the interior staircase if it is permitted to remain. Sec. 404.7- kitchen has missing cabinet doors and does not provide adequate water-proof surfaces for food preparation, refrigerator is connected to a temporary extension cord that runs the entire length of kitchen wall behind the gas stove. Sec. 502.1- the original bathroom on the first floor has 1 '/2" up/threshold that is a trip hazard, a sink that is not attached to the wall, an electric receptacle above the sink improperly installed and hanging at an angle, missing calking around tub with hole in wall at SE corner, window has no sill and allows water to enter wall when shower is used, (the other 2 bathrooms in this dwelling must be addressed with the plumbing permit required in Violation # 1277). Sec. 505.4- gas hot water heater lacks any fire resistant rated material between the heater and the wooden floor below it in addition to the ventilation pipe being much smaller than the opening through the roof designed to accommodate it. Sec.604.3- there are unidentified wires coming through the ceilings and walls into junction boxes ending with clips and with an unknown power source or destination, there are wires loosely penetrating walls of storage and closet areas, there is a switch plate plus several receptacles mounted into the wall '/z" off the attic floor. Sec. 607.1- the duct system for the central air conditioning is unprotected visible in many areas of the walls and drop ceilings. Sec. 704.2- there are no smoke alarms in the two bedrooms existing in the attic of the second floor. Compliance of this violation will be when each of these violations have been repaired, restored, renovated or removed with all work to be accompanied by required permits, performed by licensed contractors as necessary and final approval of all required inspections. Virgil Dempsey, 677 W. Minneola Ave., stated that he just purchased the house last year and he has not had the opportunity to do the upgrades to the home. He stated that he originally purchased the home for his son so he could remodel the home and make it his home. He stated that did not happen. He stated the couple that lived there had to be evicted because of a lot of things they had done there. He stated that he is going to take care of the problems and he received his engineering today. Chairman Purvis asked if the utilities are on. Mr. Dempsey stated that the utilities are not on and no one lives there and will not have anyone live there till the house is complete. Chairman Purvis asked how much time he is asking for to complete the project. Mr. Dempsey stated that it all depends on what the City says about his blueprints. He stated that he should most of it taken care of by November 17`h Board member Forte asked Mr. Hitt what a reasonable amount of time. Mr. Hitt stated that two months is a very short time frame especially for something like this project. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 Board member Mannella asked Mr. Dempsey how long it will take him to submit the plans to the building department. Mr. Dempsey stated that he will come tomorrow to submit the plans and it would depend on how long it takes for approval and then how long it will take for the contractors to get to the job. Chairman Murry asked how long the estimation is for Mr. Dempsey to receive his permits. Mr. Hitt stated that he could probably suggest six months to get the permitting and to complete the project. He stated that if Mr. Dempsey needs more time, he can then come back before the Board to ask for an extension. Board member Forte stated that he does not want to see this come back in six months with nothing done. Dave Holt made a motion to find the Respondent in violation of the cited Citv code and be fined at a rate of $200.00 per day for every day in violation starting March 16 2010• seconded b~lfred 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 one. CASE N0.09-557 Virgil & Darlene Dempsey 663 W. Minneola Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 663 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 (a) Building Permits Required City Attorney Yvette Brown 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 the referenced section of the City of Clermont Code of Ordinances due to the failure to obtain the necessary permit(s) before adding two 2°d floor bedrooms and bath in the attic, a 2"d bath on the first floor, new French doors to the rear deck, new windows, new electrical wiring and central air conditioning, in addition to allowing the exterior walls to be in such disrepair that they are no longer weatherproof, while the attached garage has deteriorated to the condition that it is deemed beyond repair and should be demolished. Compliance of this violation will be when a structural engineer has inspected the dwelling and concluded the building can support the work required to remove, repair, renovate and return the structure to a properly maintained residence after you have obtained the Zoning Clearance, along with Electric, Plumbing, Mechanical and Building Permits from the City of Clermont, for the work completed and the work intended, then all inspections shall be completed for final approval of these permits. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 Virgil Dempsey, 677 W. Minneola Ave., stated that all the work completed without a permit was done prior to him purchasing the home. Board member Mannella suggested 30 days to get the permits. Board member Murry asked if 60 days is more realistic. Mr. Hitt stated that 60 days is more reasonable. Ken Forte made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $200.00 per day for every day in violation starting November 17 2009 • seconded by Tim Murry The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount o the ane. CASE N0.09-558 Jeffrey E. & Belinda Richardson Vacant Lot at W. Broome St. and 4`" St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Lot at W. Broome St. and 4t" St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4), High Grass and Weeds City Attorney Yvette Brown 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: High grass and weeds in excess of 18 inches (Section 302.4 Weeds). Action required to correct violations: The premises must been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, with all clippings removed from the property. Jeffrey Richardson, 4311 Serene Circle, Fruitland Park, stated that he attempted to have the grass mowed on the property. He stated that he could not cut the brush with a bush hog. He stated that he is going to have to take a chain saw to cut the brush to clear the property. He stated that he was asking for more time to complete the clearing. Chairman Purvis asked how long of an extension was he asking for. Mr. Richardson stated that he contacted an individual and he said he could start on it sometime this week. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 Board member Murry asked if the contractor has visited the site and did he give an estimated time frame to complete the work. Mr. Richardson stated that the contractor has visited the site, but he did not ask for an estimation of time. Board member Murry stated that he knows some work has been done to the property and he feels two weeks is ample time to complete the clean up. Ken Forte 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 everv day in violation starting October 19 2009• seconded b~lfred Mannella The vote was 4-1 in favor of finding the Respondent in violation and in avor of the time period and the amount of the fine, with Chairman Purvis opposing to the time extension. CASE N0.09-562 Marty Rhoden 543 Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 543 Montrose Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4), Excessive Weed and Plant Growth City Attorney Yvette Brown 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 the referenced section of the City of Clermont Code of Ordinances due to the accumulation, which includes but is not limited to this property currently being overgrown with tall grass and weeds with an abandoned FOR SALE sign with incorrect and outdated information. Compliance of this violation will be when all of the premises have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of--way past the sidewalk to the curb of the street frontage, in addition to removal of abandoned sign unless the information is correct and current. Marty Rhoden, 15138 Arabian Way, Montverde, stated that he can have this completed by September 30, 2009. Tim Murry made a motion to find the Respondent in violation of the cited City code and be rued at a rate of $150.00 per day for everv day in violation starting September 30 2009 • seconded by Alfred Mannella. The vote was unanimous in avor of fndinQ the Respondent in violation and in favor of the time period and the amount o the fine. ~.~ CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 CASE N0.09-564 Stephen R. & Veronica M. Przyblowski 1066 Linden St. Clermont, FL 34711 LOCATION OF VIOLATION: 1066 Linden Street, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Hazardous Tree City Attorney Yvette Brown 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 City of Clermont Code of Ordinances, due to the following: The tree (Laurel Oak) in the rear of the property at the fence poses an extreme safety hazard for surrounding properties and anyone in the vicinity. Compliance of this violation will be when the following conditions are met: A tree removal permit is obtained through the City of Clermont Planning & Zoning Department, and the tree is removed in its entirety, and removed from the property. Stephen Przyblowski, 1066 Linden Street, stated that this is a very large tree. He stated that he has had two tree guys come and look at the tree, one told him the tree was too large and the other told him it would cost $3000. He stated that due to the financial part he needs more time to remove the tree. He stated that he has a couple guys from church to help him remove the tree from the neighbor's yard. He stated that they are working around fencing and wires as well. Chairman Purvis ask how much time he would need. Mr. Przyblowski stated that he is asking for 60 days. Dave Holt made a motion to,find the Respondent in violation ofthe cited City code and be~ned at a rate of $150.00 per dam or everyday in violation starting November 16, 2009; seconded by Ken Forte. The vote was 4-1 in favor of finding the Respondent in violation and in favor of the time period and the amount o the fine, with Alfred Mannella opposing the short time came. CASE N0.07-320 Prakal & Vannee B. Pachiratana 158 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 158 W. Highway 50, Clermont, FL 34711 MOTION TO FORECLOSE 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 City Attorney Yvette Brown introduced the case. Vannee Pachiratana stated that the property is for sale as is and she does not have the money to bring the property into compliance. Tim Murry made a motion to recommend Council to move forward with foreclosure; seconded by Dave Holt. The vote was unanimous in avor of authorizi ~ Council to move forward with foreclosure. CASE N0.09-538 Church of Our Lord Jesus Christ Eudella Young ET AL Trustees West of 662 E. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: West of 662 E. Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) (2), Unlawful Maintenance of Nuisances City Attorney Yvette Brown 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 extremely overgrown with tall grass and weeds. Additionally, there is debris such as carpets and tires scattered around the property. Compliance of this violation will be when the premises is uniformly trimmed and mowed, with all clippings removed from property. All garbage and debris should be removed and properly disposed of. The Respondent was not present. Board member Murry stated that he would like to request for the fine to start on September 16, 2009. Ken Forte made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $150.00 per dam for every day in violation starting September 30, 2009; seconded b~lfred Mannella. The vote was 4-1 in favor of ending the Respondent in violation and in avor o the time period and the amount o the fne, with Board member Murry opposing the date to start the tne. CASE N0.09-554 Masthead, LLC Land on Masthead Blvd. to Grand Highway Clermont, FL 34711 LOCATION OF VIOLATION: Land on Masthead Blvd. to Grand Highway, Clermont, FL 34711 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 VIOLATION: Chapter 14, Section 14-9 (302.4), Excessive Weed & Plant Growth City Attorney Yvette Brown 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 the referenced section of the City of Clermont Code of Ordinances due to the accumulation, which includes but is not limited to these properties currently being overgrown with tall grass and weeds. Compliance of this violation will be when all of these vacant lots have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of--way to the pavement. The Respondent was not present. Ken Forte made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $150.00 per dad for every day in violation starting September 30, 2009; seconded by Tim Murry. 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. CASE N0.09-555 HSBC Bank USA 1551 Nightfall Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1551 Nightfall Drive, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4, 303.1), Excessive Weed & Plant Growth and Stagnant Pool City Attorney Yvette Brown 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 the referenced section of the City of Clermont Code of Ordinances due to the accumulation, which includes but is not limited to this property currently being overgrown with tall grass and weeds over five (5) feet high in the back yard, growing against the screen enclosure of the swimming pool which is full of stagnant, dark green water with the potential of causing disease. Compliance of this violation will be when all of the premises have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, and the swimming pool is returned to the clean and sanitary condition as required. The Respondent was not present. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 Board member Forte stated he would like to see the fine at $250 a day. David Holt 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 30 2009• seconded by Alfred Mannella The motion was amended to $250 00 per day for every day in violation starttn~ September 30 2009 The vote was unanimous in avor o~finding the Respondent in violation and in favor of the time period and the amount o the f ne. CASE N0.09-561 John J. Antony 1 Lot & Adjoining 232 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 1 Lot & Adjoining 232 Chestnut Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4), Excessive Weed & Plant Growth City Attorney Yvette Brown 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 the referenced section of the City of Clermont Code of Ordinances due to the accumulation, which includes but is not limited to this property currently being overgrown with tall grass and weeds. Compliance of this violation will be when all of the premises have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of--way past the sidewalk to the curb of the street frontage. The Respondent was not present. Ken Forte made a motion to end the Respondent in violation of the cited City code and be fined at a rate $250 00 per day for every day in violation starting September 30 2009• seconded by Alfred Mannella The vote was unanimous in ,favor o~finding the Respondent in violation and in favor of the time period and the amount of the rne. CASE N0.09-565 Angela C. Johnson Interior vacant lot between Bloxam Ave. & Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: Interior vacant lot between Bloxam Ave. & Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61(1) (2) Unlawful Maintenance of Nuisances 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 City Attorney Yvette Brown 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, branches and logs, in addition to refuse consisting of a toilet, various cans, rugs, tires, etc. Compliance of this violation will be when the following conditions are met: The entire property is cleaned of all weeds, grass, excessive vegetation and refuse, and removed from the property in its entirety. The Respondent was not present. Ken Forte 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 30, 2009; seconded by Alfred Mannella. The vote was unanimous in favor o f finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE NO. 09-566 Martina Johnson Interior vacant lot between Bloxam Ave. & Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: Interior vacant lot between Bloxam Ave. & Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61(1) (2) Unlawful Maintenance of Nuisances City Attorney Yvette Brown 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, branches and logs, in addition to refuse consisting of a tires, metal, vegetative debris, etc. Compliance of this violation will be when the following conditions are met: The entire property is cleaned of all weeds, grass, excessive vegetation and refuse, and removed from the property in its entirety. The Respondent was not present. David Holt made a motion to find the Respondent in violation of the cited City code and be aped at a rate o $50.00 per day or every day in violation startin~ptember 30, 2009; seconded by Alfred 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 15, 2009 Mannella The vote was 4-1 in avor o~,fnding the Respondent in violation and in favor of the time period and the amount o the fne with Chairman Purvis opposing amount of one. CASE N0.08-407 Church of Our Lord Jesus Christ of the Apostolic Faith, Inc. 792 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 792 E. Montrose Street, Clermont, FL 34711 MOTION TO FORECLOSE City Attorney Yvette Brown introduced the case. The Respondent was not present. Tim Murry made a motion to recommend Council to move forward with foreclosure; seconded by Ken Forte. The vote was unanimous in favor of authorizing Council to move forward with foreclosure. Board members had discussion about the Current Status Report that was presented. There being no further business, the meeting was adjourned. Purvis, Chairman _ test: Rae Chidlow, Code Enforcement Clerk 11