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03-16-2010 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 16, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, March 16, 2010 at 7:00 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 February 16, 2010 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 gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that case numbers 10 -637 and 10 -638 have complied and will not be heard. He stated that case number 10 -617 will not be heard. NEW BUSINESS CASE NO. 10 -629 Rajendra & Cherry Persaud 2937 Magnolia Blossom Circle Clermont, FL 34711 LOCATION OF VIOLATION: 2937 Magnolia Blossom Circle, Clermont, FL 34711 VIOLATION: Chapter 62, Section 62 -33 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 again in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, the commercial sized truck, which has habitually parked in front of this residence, with Florida tag # 006TLW, weight 25,995 lbs, and currently registered to this address. Compliance of this violation will be when the above referenced truck ceases to return to this property and is permanently stored and /or parked at an off -site location. Rajendra Persaud, 2937 Magnolia Blossom Circle, stated that he works for a company that delivers electronics. He stated that this only happens when his truck has a load inside and he needs to go home. Because he has a load of equipment, inside, he said he needs to watch his truck. He stated that this only happens a few times a year. Chairman Purvis suggested that he find a secure parking area to keep his truck when he comes across this issue. Board member Ken Forte asked if this was a repeat violation. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 16, 2010 Code Enforcement Board Attorney Valerie Fuchs stated even though the Respondent has been cited before, the case complied before coming before the board so it is not considered a repeat violation at this time. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day for every dav in violation starting on March 17, 2010; seconded by Tim Murry. The vote failed 2 -4 with Board members Dave Holt, Les Booker, Jim Purvis and Alfred Mannella opposing the date. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day for every day in violation starting on March 23, 2010; seconded by David Holt. The vote was 5 -1 with Board member Ken Forte opposing the date. CASE NO. 10 -631 936 10 Street, LLC 936 10 Street Clermont, FL 34711 LOCATION OF VIOLATION: 936 10 St., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122 -344 (a), Failure to Obtain Permit 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 obtain a permit for the illegal shed located in the rear of the property. Additionally, this shed variance was denied by City Council on September 8, 2009 and was required to be removed by October 10, 2009. Compliance of this violation will be when a building permit is obtained /finaled through the City of Clermont Building Department or the shed is removed from the property. Todd Griffin, 11748 Osprey Point Blvd., stated that the property is listed as residential and is located in M -1 zoning. He stated that the structure was built in 1998 and should not have been allowed to be built in M -1 zoning. He stated that he purchased the home approximately 3 years ago. He was approved for 7 out of 8 variances that he requested. He stated that he was denied for the setback variance for the shed. He stated that he received final approval for his site plan on November 24, 2009. He stated that he received a visit from Ms. O'Shea asking why there was no activity on the site. He stated that he informed her that in 30 to 60 days they would start construction on the parking lot, there is a lot of underground issues, then construction will be started. He stated that he cannot meet the time restraints put on him. He stated the reason for not having a permit for the shed is he is building a warehouse on the property according to his site plan. He stated that everything in the shed will go in the new building and that is why he has not moved the shed. He stated the shed will eventually go away, but he is asking for 45 to 60 days to move the shed. Dave Holt made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for every dav in violation after April 30, 2010; seconded by Ken Forte. 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. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 16, 2010 CASE NO. 10- 611/10 -622 Al -Karim Jivraj 528 W. Minneola Ave. Clermont, FL 34711 REQUEST: Request to be heard by the Respondent. City Attorney Dan Mantzaris stated that the Respondent is not present so the request will not be heard. CASE NO. 09- 556/09 -557 Virgil & Darlene Dempsey 663 W. Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 663 W. Minneola Ave., Clermont, FL 34711 REQUEST: Request for extension of time. City Attorney Dan Mantzaris introduced the case. Virgil Dempsey, 677 W. Minneola Ave., stated that he has the permits for the property. He stated he is going through a total remodeling of the house and there has been a lot of work on the house. He stated he is requesting an extension of six months for the completion of the repairs. Les Booker made a motion to grant an extension of 3 months; seconded by Alfred Mannella. The vote was unanimous in favor of an extension of 3 months. There being no further business, the meeting was adjourned. 4.-- _ , % . ' Ja ' es Purvis, air an Attest: Rae Chidlow, Code Enforcement Clerk 3