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11-17-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 17, 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, Al Freeman, Water Conservation Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of October 20, 2009 were approved. 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 stated that the Code Enforcement workshop will be postponed until February 16, 2010. Chairman Jim Purvis asked staff if there would be a December Code Enforcement meeting. Planning Director Jim Hitt stated that there would not be a December meeting. Board member Tim Murry was sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that case number 09-594 will be postponed to January 19, 2010. He stated that case numbers 09-600, 09-606, and 09-609 have complied and will not be heard. NEW BUSINESS CASE N0.09-603 Jean A. Edwards & Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 624 Prince Edward Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4, 302.5, 303.1, 302.1, 108.1.3, 305.1, 307.1, 304.7) City Attorney Dan Mantzaris introduced the case. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 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: There is high grass and weeds in excess of 18 inches around the property. There is excessive underbrush around trees. (Section 302.4 Weeds) (Section 302.5 Rodent Harborage). In the rear of the residence, the pool is green and stagnant, and has become a breeding ground for mosquitoes and other insects (Section 303.1 Swimming Pools). There is no water service to the residence. There is an extreme foul odor emitting from the residence. The interior of the residence is filled with garbage, debris, clutter, and miscellaneous items. (Section 302.1 Sanitation) (Section 108.1.3 Structure Unfit for Human Occupancy) (Section 305.1 General). There are numerous discarded wood boards, pots, buckets, cups, etc scattered around the front, side, and rear of the residence. (Section 307.1 Accumulation of garbage and rubbish). The roof appears to have numerous holes which emit rain, debris, insects, animals, etc. (Section 304.7 Roofs and drainage). The carport structural supports and the soffits are starting to bend, having the potential to break and give-way. The wood fence around the property is in disrepair, with boards missing and falling off. (Section 302.7 Accessory Structures). Action required to correct violations: Mow all grass and weeds on the property in excess of 18 inches, including to the street right-of--way. Clean all underbrush from trees, and around the general premises. Drain the pool of all water and secure a cover, or chemically treat the pool so that there is no longer green, stagnant water. Remove all items/garbage/rugs etc. from the interior of the residence that is the cause of the foul odor. Clean/disinfect the interior to permanently remove the odor. Remove all general clutter, debris and garbage from around the residence. Repair the roof so that nothing can penetrate to the interior. If more substantial work is required to be performed, obtain a roof permit prior to starting any work. Repair the fence so that all boards are secure and fit properly in place. Remove the entire carport, or submit a permit and engineered plans to the Planning & Zoning Department to rebuild the carport. Ken Forte made a motion tofnd the Respondent in violation ofthe cited City code and be fined at a rate o $250 DD per da~for everyday in violation starting January 19 2010 seconded by Tim Murry. The vote was 4-1 in favor o~ andingthe Respondent in violation with Alfred Mannella opposing the amount o the ane. CASE N0.09-589 Wallace R. & Marie M. Lettieri, Sr. 3918 Eversholt Street Clermont, FL 34711 LOCATION OF VIOLATION: 3918 Eversholt Street, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Maintenance and Pruning 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 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the mature tree in front of the dwelling having recently been severely trimmed and hatracked as defined in Sec. 118-2. Definitions: Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Hatracking means to flat-cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Compliance of this violation will be when the tree has been allowed to return to its natural state, completely healthy and free from any further severe pruning. Because this could take a considerable amount of time, this case will be presented to the Code Enforcement Board. David Holt made a motion to find the Respondent in violation of the cited City code with no f ne or compliance date • seconded by Ken Forte. The vote was unanimous in favor of ~ndinQ the Respondent in violation. CASE N0.09-591 Mark R. Neese 2475 Holly Berry Circle Clermont, FL 34711 LOCATION OF VIOLATION: 2475 Holly Berry Circle, Clermont, FL 34711 VIOLATION: Ordinance No. 336-C City Attorney Dan Mantzaris introduced the case. Water Conservation Officer Al Freeman stated that on August 11, 2009, Mr. Neese was cited for a second violation of the irrigation code and fined $50. He stated that Mr. Neese was notified and there was a phone conversation with Mr. Neese. Mr. Neese was granted a 30-day extension to pay the fine. He stated that the fine has not been paid at this time. Mark Neese, 2475 Holly Berry Circle, stated he is not an abuser of water. He stated he had been gone and it had not rained for four or five days. His lawn was dying, so he watered his grass on the wrong day. Chairman Purvis asked if South Ridge get served with reclaimed water. Mr. Neese stated yes. Mr. Freeman stated that the only area receiving reclaimed water is Kings Ridge. Board member Forte asked if there is a timer connected to the irrigation. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 Mr. Neese stated that he does have one but he does not use it; he only waters when it is needed. _David Holt made a motion to f nd the Respondent in violation of the cited City code; seconded by Tim Murry The vote was unanimous in avor of~nding the Respondent in violation. CASE N0.09-593 Hep 8 Cler LC c/o Ezon 4351 S. Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 4351 S. Highway 27, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-32, Business Noises Disturbing Residential Neighborhood 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 the referenced section of the City of Clermont Code of Ordinances as evidenced by the numerous `noise' complaints from the adjacent residential neighborhood. Some complaints were accompanied by City of Clermont Police Department reports containing interviews with the tenant in violation of the ordinance at that late hour, while other complaints were followed by letters from the Code Enforcement Office to the tenant and the property owner stating that all outside activity creating loud or annoying noises in violation of this ordinance should immediately `cease and desist'. Compliance of this violation has not been achieved and therefore this case will be presented to the Code Enforcement Board. Scott Glass, 300 S. Orange Ave., Orlando, stated he is the attorney representing Hep 8 Cler, LC. He questioned Ms. McMinamen pertaining this case. Ms. McMinamen answered Mr. Glass' questions accordingly. David Colon, City of Clermont Police Officer, testified to the police report he wrote on February 28, 2009. At approximately 1:25 am he responded to a noise complaint at the Chinese restaurant at the Kings Ridge Shopping Center. Kathleen Kapes, 2127 Winsley St., stated that she moved to her home in 2005, and since then, she has called the police repeatedly for noises that are happening past midnight. She stated that she has kept a record since 2007 and has called the police 20 times. She stated that if it isn't the noise from the power washer coming from the Chinese restaurant, then it's the company called Blown Away that sweeps the parking lot. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 City Attorney Dan Mantzaris asked if these noises happened between 9:00 pm and 7:00 am. Ms. Kapes read a summary of dates and times of noise issues. Robert Lesco, 2142 Winsley St., stated that on March 17, 2009 at 10:00 pm, he and his wife were visiting the Kapes and they did hear the noise. He stated that he and Mr. Kapes drove to the shopping center to witness what was making the noises. Joann Mayo, 2143 Winsley St, stated that she too hears and is a witness to those noises. She stated there are also noises coming from the delivery trucks for Publix in the early morning. Mr. Glass stated that the company Blown Away is no longer doing business at the shopping center due to the fact they were not doing it during the proper hours. He stated that the property owner is taking measure to make the tenants responsible for their actions. Mr. Glass finished his testimony. There was much discussion between Board members and Attorneys. Tim Murry made a motion to~nd the Respondent in violation of the cited City code with any subsequent violation resulting in a repeat violation; seconded by David Holt. The vote was unanimous in favor of finding the Respondent in violation. CASE N0.09-596 Leslie Anne Jarrard 1400 West Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1400 West Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344, No Permit for Accessory Structure 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 side 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. Leslie Jarrard, 1400 West Avenue, stated that there was an existing structure there prior to this. She stated that she feels she was replacing an existing building with a better building. She stated that she has the engineering for the building. She stated that Council denied her request for the variance to allow the building to be where it is located, and they now have to wait a year to reapply for the variance. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 Chairman Purvis asked about the setbacks from Seminole Street. Board member David Holt asked if the building was built on an existing slab. Planning Director Jim Hitt stated that there was a dilapidated shed that was on an existing slab. He stated that once a building is replaced or damaged more than 50%, they have to comply with code. He stated that as a corner lot, it is considered a double frontage. Board member Ken Forte asked if anything will change if she were to reapply next year for the variance. Mr. Hitt stated that if a variance is denied, she can't reapply for a year. Mr. Mantzaris stated that staff s comments about the application will stay the same, but it is up to Council to determine whether they want to approve the variance. Board member Alfred Mannella asked if the new shed is the same size as the previous shed. Ms. Jarrard stated that the size of the shed was the same as the previous one, 10 x 14. Mr. Mantzaris stated that they are looking for a compliance date of December 15, 2009. He stated that not only is there not a permit for this building, they have continued to do work on the structure since being denied by Council and being cited. Alfred Mannella made a motion to~nd the Respondent in violation of the cited City code and be fined at a rate o $10 OOper day or every day in violation starting~November 18. 2009; seconded by David Holt. The vote was 4-1 in favor o~finding the Respondent in violation and in avor o the time period and the amount of the~ine with Tim Murry opposing Erne amount. CASE NO. 09-597 Talal Properties LTD & 1640 E. Highway 50 Clermont, FL 34711 Tarek Properties LTD LOCATION OF VIOLATION: 1640 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35, Destruction of Trees & Unhealthy Bushes/Shrubs 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 severe trimming/excessive hatracking of three oak trees on the property. Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Hatracking means to flat-cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the poor condition of the shrubs and hedges around the property. Compliance of this violation will be when the following is completed in its entirety: Three Preferred canopy trees are replaced in lieu of the three that were affected. The trees must individually meet at least the following criteria: 65 gallon, 12 to 14 feet in height in overall height immediately after planting, 6 to 8 foot spread, 3 to 3 `/2 calipers, FL Grade 1 or better. The trees must be replaced in close proximity to the affected trees, and not elsewhere on the property. The trees must be from the Preferred Tree list. Any large gaps from removed plantings, in addition to all dead/dying/unhealthy shrubs around the property must be replaced: A minimum of two feet in height and 30 inches on center when measured immediately after planting. You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the removal of an understory tree on the east side of the building without first obtaining a tree removal permit. Compliance of this violation will be when the following is completed in its entirety: Obtain anafter-the-fact tree permit from the Planning & Zoning department. The replaced understory tree must meet at least the following criteria: A minimum of eight feet in overall height immediately after planting 4 foot spread, 3 to 3 '/2 calipers, FL Grade 1 or better, the tree must be replaced in close proximity to the removed tree, and not planted elsewhere on the property. Mike Heaney stated that he has pruned trees in this manner before and they have grown back. He stated that they hired a company to cut the trees; they did not do them themselves. He stated that the tree company told him they will grow back. He stated he would like for the trees be allowed to grow back rather than replacing them. Alfred Mannella made a motion to find the Respondent in violation ofthe cited City code and be fined at a rate of $200 OD per daKfor every day in violation starting October 31, 2009. Vote fails due to lack ofa second. Tim Murry made a motion to end the Respondent in violation of the cited City code for Pruning and be f ned at a rate of $250 00 per dam or every day in violation starting May I8, 2010; seconded by Alfred Mannella The vote was 4-1 in favor of ~ndin~g the Respondent in violation and in favor of the time period and the amount of theme with Chairman Purvis opposing. Dave Holt made a motion to find the Respondent in violation of the cited City code for the Bushes and be fined at a rate of $1 SD. 00 per day or ever~day in violation starting December 1 S, 2009; seconded by Tim Murry. The vote was 4-1 in favor of finding the Respondent in violation and in favor of the time period and the amount of theme with Ken Forte opposing Dave Holt made a motion to~nd the Respondent in violation of the cited Ci code for missing Tree and be~ned at a rate o $150.00 per dax,for everyday in violation starting December I5, 2009; seconded by 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 Alfred Mannella The vote was unanimous in favor o~'fnding~the Respondent in violation and in favor of the time period and the amount of the one. CASE N0.09-598 John C. & Vickie E. Wetzel 101 E. Highway 50, Suite B Clermont, FL 34711 LOCATION OF VIOLATION: 101 E. Highway 50, Suite B, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102-6, Unpermitted Sign 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: Failure to obtain a sign permit for the sign painted on the front, outside of the building. The sign is a circular shape, marked with concentric red and white circles with a black dot in the center. Compliance of this violation will be when the sign is permanently removed, or a sign permit is issued by the City of Clermont Planning and Zoning Department. Sohn Wetzel, 101 E. Highway 50, stated that last month it was considered an illegal sign. He stated that he is now before the Board to discuss the same issue. Chairman Purvis asked about whether this is a similar case. Code Enforcement Attorney Valerie Fuchs stated that it is a new cited code section and it is up to the discretion of the Board to determine if there is a difference. Mr. Mantzaris stated that the previous case was questioning whether the sign could even get a permit. He stated that Mr. Wetzel was told from the beginning that he would need a permit for this item. Chairman Purvis stated that it can't be a legal sign until a permit has been obtained. Dave Holt made a motion to find the Respondent in violation of the cited City code and be fined at a rate o $100.00~er day for every day in violation starting December I5, 2009; seconded b~Alfred Mannella. The vote was 4-1 in~avor of~ndin~ the Respondent in violation and in favor o the time period and the amount o~the fne with Ken Forte opposing. Ken Forte left the meeting at 10:47 due to a family emergency. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 CASE N0.09-534 Kenneth B. Hanomen 677 W. Highway 50 Clermont, FL 34711 Request for Extension Kenneth B. Hanomen, 677 W. Highway 50 stated that he is requesting four months extension. Thomas Davis stated he has a company that has just started, and they are looking at this location. He stated that they will have to do a new site plan for the property. He stated that his intent is to rent the property for four years with the possibility of purchasing the property in the future. Mr. Hitt stated that he has met with Mr. Hanomen and Mr. Davis, and they do have a legitimate plan that they would like to pursue. He stated the tanks underground will have to be removed and the building will have to be brought up to code. Dave Holt made a motion to grant an extension to Februar~l6 2010• seconded by Tim Murry. The vote was unanimous in rg anting an extension. CASE NO. 09-557 Virgil and Darlene Dempsey 663 W. Minneola Avenue Clermont, FL 34711 Request for extension for their compliance date to coincide with their Case No. 09-556. Dave Holt made a motion to grant an extension to March 16 2010 • seconded by Alfred Mannella. The vote was unanimous in favor ofgranting an extension. CASE N0.09-573 Peoples State Bank & Clermont Hospitality, Inc. Clervue Drive-in Sign, E. Highway 50 Clermont, FL 34711 Request for forgiveness of the fine. Pat Stapleton, General Manager of Holiday Inn Express, stated that she did not find out about this until October 29, 2009 when she received an email from RBC Bank. The bank had received all the information and had not forwarded it to her prior to that. She stated that the property has been brought into compliance. 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 Dave Holt made a motion to for ive theme ~ seconded b~Alfred Mannella. The vote was unanimous in ~orQiveness owe fine. City Attorney Dan Mantzaris stated that the City did not get service on Case No. 09-592, and the Respondent is not present, so this case will not be heard. CASE N0.09-601 Avery G. & Ariel Brodus Vacant lot 500 block Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: vacant lot 500 block Minneola Ave., 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 following: The property is extremely overgrown with tall grass and weeds. There is a large amount of debris, dead fallen branches, etc. Compliance of this violation will be when the premises is uniformly trimmed and mowed, with all clippings and debris removed from property and disposed of properly. The Respondent was not present. Dave Holt made a motion to end the Respondent in violation o~the cited Cit~code and be fined at a rate o $SO 00 per day for every day in violation starting December 1 S. 2009; seconded by Ken Forte. The vote was unanimous in~avor o~~ndin the Respondent in violation and in favor of the time period and the amount o~the. ane. CASE N0.09-605 Jennifer N. & David A. Fenn Vacant Lot on Shorecrest Circle Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot on Shorecrest Circle, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1), Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 17, 2009 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: The property is extremely overgrown with tall grass and weeds, in excess of 18 inches. Compliance of this violation will be when the premises is uniformly trimmed and mowed, with all clippings and debris removed from property and disposed of properly. The Respondent was not present. 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 December I5. 2009; seconded by Al red Mannella. The vote was unanimous in favor of finding the Respondent in violation and in, avor o the time period and the amount of the one. City Attorney Dan Mantzaris stated that there were no Respondents for Case No. 09-569, so it will not be heard. Code Enforcement Attorney Valerie Fuchs urged Board members to attend the workshop that has been moved to the February meeting. There being no further business, the meeting was adjourned. ~___. James Puf=vis, Chairman '' Attest: 5 ae Chidlow, Code Enforcement Clerk 11