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02-16-2010 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 16, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 16, 2010 at 7:05 p.m. Members attending were James Purvis, Chairman, Ken Forte, David Holt, 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, Administrative Assistant. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of January 19, 2010 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 Dan Mantzaris stated that case number 10-626 has complied and will not be heard. NEW BUSINESS CASE NO. 10-619 Margaret V. Griffith & Muriel A. McNeill 818 Princeton Drive Clermont, FL 34711 LOCATION OF VIOLATION: 818 Princeton Drive, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 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 due to the two mature trees in the front yard of the dwelling that have recently been severely trimmed and hatracked as defined in Section 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, CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 16, 2010 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 these trees have been allowed to return to their natural state, completely healthy and free from any further severe pruning, and because this could take a considerable amount of time this case will be presented to the Code Enforcement Board as stated in the enclosed Notice of Hearing for Feb. 16, 2010. Vernol Waldron, 818 Princeton Dr., stated that he was representing the owners of the property. He stated that they did not know that they could not trim the trees as they did. He asked if the trees belonged to the City of Clermont. He asked if the City is going to cover the expenses if there are damages caused by the tree. Chairman Purvis stated there are certain things that homeowners take on as a responsibility of being a homeowner. Board member Dave Holt asked if staff could require new trees to be put in. City Attorney Dan Mantzaris stated that the Code Enforcement Board could order that a tree be replaced and if not replaced by a certain date that a fine would run. Staff could have made that recommendation to the Board if they had chosen to. Board member Les Booker asked if there is a standard requirement to replace trees like this. Planning Director Jim Hitt stated that it is 12 feet high, 6 foot spread, 3 inch caliper and container grown 66 gallons. Ken Forte made a motion to find the Respondent in violation of the cited City code with no fine accessed at this time and for the Respondent to request permission or any further tree trimming; seconded by Tim Murry The vote was 4-2 in avor o~ finding the Respondent in violation and staff's recommendation with Board members Dave Holt and Les Booker opposing. CASE NO. 10-627 Troy E. White & Seema N. Lall 1948 Knollcrest Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1948 Knollcrest Dr., Clermont, FL 34711 VIOLATION: Chapter 62, Section 62-33, Unlawful Truck Parking 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 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 16, 2010 Ordinances due to, but not limited to, the commercial sized truck, which has habitually parked in the driveway or on the street in front of this residence. Compliance of this violation will be when the above referenced truck ceases to return to this property and is properly stored and/or parked at an off-site location. Seema Lall, 1948 Knollcrest Drive, stated that they are moving and the truck will no longer be parked there. She stated they will not be back there. Ken Forte made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $250 00 per da~for every day in violation after February 23, 201 D; seconded by Alfred Mannella. The vote was unanimous in avor of finding the Respondent in violation and in favor of the time period and the amount of the one. CASE NO. 09-534 Kenneth B. Hanomen 677 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 677 W. Highway 50, Clermont, FL 34711 REQUEST: Request for extension of time. City Attorney Dan Mantzaris introduced the case. Kenneth Hanomen, 677 W. Highway 50, stated that he is asking for another extension. He stated that they have the paper work completed for the permits and are hoping to have them in a couple of days. He stated the fuel tanks have been dug up. He stated that there is some contamination so they are waiting on the State for a response back from them. Rudolph Persaud, 2148 Lake Christian Dr., Orlando, stated that he was hired in December to do the contracting work for the site. He stated that they found contamination on the site which has caused delay. He stated that he is waiting on the permit to start the work on the building itself. He stated that Rick McCoy is working on the site work. He stated it should take them 3 to 4 weeks to complete the building once they receive the permit. He stated that they would like an additional 90 days in order to complete the work. City Attorney Dan Mantzaris stated that this case has been going on since 2006. He stated that staff feels the compliance date should stay in place and the fine accrue. He stated that the Board can address the fine at a later date if they feel the Respondent has moved forward with compliance. He stated that they have already had one extension and a contractor was not hired until December for a case that goes back to August. He stated that they can come back at a later date to ask for a reduction or forgiveness of the fine. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 16, 2010 Les Booker made a motion to accept staff's recommendation and not grant an extension; seconded by Tim Murry The vote was S-1 in favor o acceptin~aff's recommendation with Chairman Purvis opposing the amount of the fine. CASE NO. 10-620 & 10-621 Jerry D. & Jeanne C. Walls 400 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 400 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102-3 (b)(3)(g) & 102-24 (a)(b)(5)(8) City Attorney Dan Mantzaris introduced the cases and stated they will be heard together. 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: For Case No. 10-620 -You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, allowing the free-standing MY VERTICALS ETC sign to remain on your property for a business that ceased to exist at this location on or before October 1, 2009. Compliance of this violation will be when you have removed the unlawful and abandoned free-standing sign from the property, since no business has existed at this location since the cessation of water and electric services to this building on or before October 1, 2009. For Case No. 10- 621 -You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, allowing the free-standing MY VERTICALS ETC sign to remain on your property and advertising a business that ceased to exist at this location on or before October 1, 2009. Compliance of this violation will be when you have removed the unlawful and non- conforming free-standing sign from the property, since no business has existed at this location since the cessation of water and electric services to this building on or before October 1, 2009. Les Booker made a motion to combine the two cases into onepenalty to fnd the Respondent in violation of the cited City codes and be fined at a rate o $2f 50.00 per day for every day in violation starting March 16 2010 • seconded by_Ken Forte The vote was unanimous in favor of finding the Respondent in violation and in favor o~the time period and the amount of the one. CASE NO. 10-625 Jose Vasquez 3421 Glossy Leaf Lane Clermont, FL 34711 LOCATION OF VIOLATION: 3421 Glossy Leaf Lane, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 16, 2010 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: There is structural damage to the exterior garage. (Section 304.6 Exterior Walls, 304.4 Structural Members). Compliance of this violation will be when the following conditions are met: A permit with engineered drawings is submitted to the City of Clermont Building Department for structural repair of the garage. Repairs are to be made in accordance with approved plans. 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: Swimming pool does not have any safety barrier, enclosure, or fence. (Section 303.2 Enclosures). Compliance of this violation will be when the following conditions are met: Provide an enclosure/barrier for the swimming pool which meets all City of Clermont guidelines. Obtain all required permits prior to the start of any work. You are directed to take the above action for compliance by the following dates: Exterior wall -Engineered plans must be submitted by Monday January 25, 2010. Repairs must be completed by Friday February 26, 2010. Pool Barrier -All permits must be obtained and all work completed by January 15, 2010. Les Booker made a motion to find the Re~ondent in violation of the cited City codes with a fine of $250 00 per day.for every day the violation exists past February 23 2010 and to find this property as a serious threat to the public health safety and wel are for the exterior wall and a one of $250.00 per day • or every day the violation exists past March 16 2010 • seconded by Ken Forte. The vote was unanimous in favor o~ finding the Respondent in violation and in favor of the time period and the amount of the me. Nominated for Chairman was Jim Purvis and for Vice Chairman was Tim Murry. Both accepted their nominations. There being no further business, the meeting was adjourned. Attest: Rae Chidlow, Code Enforcement Clerk