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04-20-2010 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 20, 2010 at 7:00 p.m. Members attending were James Purvis, Chairman, 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, Yvette Brown, 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 March 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 Yvette Brown stated that case number 10 -639 has complied and will not be heard. NEW BUSINESS CASE NO. 10 -641 Bonjorn Family Trust 1630 S. Highway 27 & 857 E. Minnehaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 1630 S. Highway 27 & 857 E. Minnehaha Ave., Clermont, FL 34711 VIOLATION: Chapter 102, Section 102 -22; Vehicles Positioned as an On -site Sign 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 again in violation of the referenced section of the City of Clermont Code of Ordinances due to the large motor -bus that is being regularly positioned as a sign for the business, High Voltage Oyster Bar. This motor -bus has been marked with advertising for the business, placed in numerous locations on the adjoining properties listed above, and always in plain view of E. Minnehaha Avenue, plus both Highways 50 and 27 along with their service road. Compliance of this violation will be when this vehicle is no longer placed or stored within the parking areas in front of the buildings, adjacent road right of way, or within the fenced section, which allows the motor -bus to then be used as an on -site sign that is clearly visible by the traveling public along the roads and highways previously referenced. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 Joseph Bonjorn, 657 W. Lakeshore Dr., stated that they own the bus and the property. He stated that they were under the impression that as long as they moved the bus every 24 hours, they would be in compliance. He stated that he was told that his bus is checked on every day, and he does not feel that is fair to him. He stated that they do have to use it to deliver food, and if he moves it to the front to load and code enforcement comes by then, he is going to get fined. He stated that Advance Electric has their vehicles parked along the fence, so why are they not in violation. He stated that he wants to know where he can park his bus so that when this reoccurs, he knows what his rights are. Chairman Purvis stated that staff has said that as long as the bus is parked where it is shown in the picture then it should be in compliance. He stated that as long as the Advance Electric vehicles are facing the fence and not parallel with the fence, then they are in compliance. Mr. Bonjorn asked if he would be in compliance if he parked the bus in a parking spot where the Advance Electric vans are parked. Chairman Purvis stated that he is sure the bus is too large for those parking spaces. Les Booker made a motion to find the Respondent for a reoccuring violation of the cited City code with a fine of $100 per day for every day in violation starting on April 27, 2010; 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 NO. 10 -642 Mohamed F & Fazia N Kamal 1936 Crestridge Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1936 Crestridge Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35, Destruction of 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 section of the City of Clermont Code of Ordinances due to the severe trimming of one oak tree in the front yard of the property. 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. Compliance of this violation will be when the following is completed in its entirety: An after - the -fact tree removal permit is submitted, with all required fees paid. One preferred canopy tree is replaced in lieu of the one that has been affected. The trees must be from the Preferred Tree list. The tree must be replaced in close proximity to the affected 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 tree, and not elsewhere on the property. The tree must individually meet at least the following criteria: 65 gallon and Florida Grade 1 or better; 12 to 14 feet in overall height immediately after planting; 6 to 8 foot spread; 3 to 3 %2 caliper. Mohamed Kamal, 1936 Crestridge Dr., stated that he was driving through the neighborhood and saw a tree trimming company trimming other trees in his neighborhood. He stated that he asked them to prune his tree, and they cut it the following day while he was at work. He stated that he came home from work and his tree had been left with all the limbs on the ground at the bottom of the tree. He stated that it was not intentional on his part. Les Booker 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 for any further tree trimming; seconded by Tim Murry. The vote was unanimous in favor of finding the Respondent in violation and staff's recommendation. CASE NO. 10 -643 Robert Ellrodt 481 E. Minnehaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 481 E. Minnehaha Ave., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -111, Removal of 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 section of the City of Clermont Code of Ordinances due to the removal of an oak tree on the property, without prior approval. Compliance of this violation will be when an after - the -fact tree removal permit is submitted through the City of Clermont Planning & Zoning Department. You may be authorized to replant an additional tree(s) upon inspection by staff. Robert Ellrodt, 481 E. Minnehaha Ave., stated that the tree was hit by lightning, fell onto the corner of his house and that the tree was dead. He stated that he removed the tree that had fallen and damaged part of his home. He stated that he does not feel he should have to pay the $100 fee for the tree removal under these circumstances. Chairman Purvis stated that there is a City ordinance stating that you must have a tree removal permit prior to removing a tree. He stated that they have to find him in violation of the ordinance. Mr. Ellrodt stated that he did not remove the tree until it fell and hit his house. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 Board member Booker stated that Mr. Ellrodt should have brought witnesses. Mr. Ellrodt stated that he does have witnesses. Larry Kunz, 367 Palm Lane, stated that they have walked their dog past Mr. Ellrodt's house every day for three years. He stated that one day in March they were walking past Mr. Ellrodt's home, and the tree was on his house. He stated that they were amazed that there was not more damage to his home. He stated that if there is damage to your home, you should have the right to remove the tree without having to obtain a permit. Mr. Hitt stated that staff suggests that Mr. Ellrodt can come in and apply for the tree removal permit and he can pay the $25 permit fee, rather than the after - the -fact $100 fee. Mr. Ellrodt stated that he will agree with a strong objection. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $200 per day for every day in violation starting on May 17, 2010 if the $25 tree removal permit has not been obtained by this date; seconded by Alfred 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 fine. CASE NO. 10 -644 Steven & Kathleen McMurray 880 Woodvale St. Clermont, FL 34711 LOCATION OF VIOLATION: 880 Woodvale St., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35 & 111, Destruction and Removal of 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 section of the City of Clermont Code of Ordinances due to the severe trimming and removal of two oak trees in the front yard of the property. Compliance of this violation will be when the following is completed in its entirety: A tree removal permit and fees must be submitted for the two destroyed trees. Following the application, it will be determined by city staff the number and size of trees to be replaced, in lieu of the two that have been affected. Steve McMurray, 880 Woodvale St., stated that he wanted to remove the trees because the roots are growing toward the foundation of the home. He stated that he was just trying to avoid any damage to his home. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $200 per day for every day in violation starting on May 17, 2010 if the $100 tree removal permit has not been obtained by this date; 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 NO. 10 -645 936 10 Street, LLC 936 10 Street Clermont, FL 34711 LOCATION OF VIOLATION: 936 10 Street, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122 -262; Failure to Complete Site Plan & Convert Property to Commercial Use 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 your failure to convert the property from its current residential use to required commercial use. Currently there is a business operating from the location without a Business Tax Receipt, a finaled Site Plan, and required conversion of the interior building and exterior of the property. Compliance of this violation will be when the following is completed: A conceptual plan is submitted, reviewed, finalized, and stamped as approved by staff. You are directed to comply by Monday, March 15, 2010. A Business Tax Receipt is obtained at the City of Clermont zoning department, following all required change of use requirements for the building. You are directed to comply by Wednesday, March 31, 2010. All construction must be completed and finaled, as approved by the city staff and building department. You are directed to comply by Monday, August 2, 2010. Robin Griffin, 11748 Osprey Point Dr. , stated that they did purchase the property, and it has been zoned M -1. She stated that when they purchased the property, they should have been more aware of the situation, but they were not. She stated that they have never refused to come into compliance, and they have had a county business tax receipt. She stated that they were notified in February of the code issues and hired Mr. McCoy in May. She stated that they have been attempting to comply. She stated that they are still being cited for no approved site plan when the site plan was approved on November 24, 2009. She stated that they started getting bids for the approved site plan. She stated that they stopped the work because they received another letter from the City stating there was no approved site plan. She stated that she wants something in writing from the City that what they are working with is in fact an approved site plan. Todd Griffin, 11748 Osprey Point Dr., stated that he is under the understanding that all this has to be done. He stated that he is investing a lot of money to convert this building, and it all has to be done in order to comply, but they can only work on one thing at a time. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 Chairman Purvis asked how much time is needed to complete the building in order to be compliant. Mr. Griffin stated that they have to complete the underground before they can move forward with anything else. He stated that once the warehouse is complete, the materials will be moved to the warehouse and the shed is being donated to a charitable organization. He stated the shed should be moved by May 1. He stated that he will have to get back with the contractor to get him back on schedule and can get staff an answer as soon as he speaks with him. Mr. Hitt stated that they should be able to complete the site by the end of August. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250 per da or ever da in violation startin• on Sestember 21 2010• seconded b Al red 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 fine. CASE NO. 10 -646 Pulte Home Corporation Verde Ridge Subdivision Clermont, FL 34711 LOCATION OF VIOLATION: Verde Ridge Subdivision, Clermont, FL 34711 VIOLATION: Chapter 94, Section 94 -199, Sediment Control 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 lack of sediment control from construction sites of Pulte Home properties, which has seriously affected adjacent properties, roadways, sidewalks, and storm drains around Verde Ride Subdivision. Additionally, Black Still Lake has collected a significant amount of clay from sediment entering through the storm drains and going into the lake. Compliance of this violation will be when the premises have met the following: 1) - Properly install silt fences around the properties under construction so they stand erect, are sufficiently trenched into the ground, and retain all soils on the property. If a site is not under construction but has bare soils which may erode and be affected by wind and water forces, these sites must also be sufficiently maintained to prevent erosion. No property should have ripped, gapped, broken, etc silt fences. 2) — Clean all sediment that has run -off onto the roadways, sidewalks, adjacent properties (i.e — from 2939 Santa Marcos Dr.) etc. All storm drains must be vacuumed out to remove all collected sediment in the drains. Additionally, this includes vacuuming out the storm drain which leads into the lake. 3) - Properly install and maintain storm drain protection (i.e. - sock drains) to prevent sediment from furthering entering the drain. 4) — In areas of construction, maintain all streets and sidewalks daily by removing all sediment that has been tracked into the road by trucks, equipment, etc. This includes ensuring all surrounding silt fences are sufficiently secure. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 Josh Young, Parrish, FL, stated that they accept Ms. O'Shea's recommendations. Alfred Mannella 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 May 3, 2010; seconded by Les Booker. 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 NO. 10 -648 Clermont Radiology Properties, LLC 871 Oakley Seaver Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 871 Oakley Seaver Dr., Clermont, FL 34711 VIOLATION: Chapter 102, Section 102 -, Unpermitted Signs 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 sign that has been erected without a permit at the corner of Citrus Tower Blvd and Oakley Seaver Drive, near the South Lake Medical Arts Center monument sign. Each sign panel is 32 sq ft., and advertises `Clermont Radiology,' which is a business currently under construction. Compliance of this violation will be when the sign is permitted through the City of Clermont zoning department or if a permit is not authorized under the city code, when the sign is permanently removed. Mr. Hitt stated that Mr. Crawford is having the sign changed to an opening soon sign. He stated that the sign also has to be split and moved because it is not allowed where it is located now. Jimmy Crawford stated that the sign does say coming soon, but it is very small. He stated that they are fine with the date. Tim Murry 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 April 30, 2010; seconded by Les Booker. 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 NO. 09-551 Hardial Singh 430 Minnehaha Ave. Clermont, FL 34711 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 20, 2010 VIOLATION: Chapter 14, Section 14 -9 REQUEST: Request for forgiveness City Attorney Yvette Brown read letter from Century 21 requesting forgiveness of the fine. Les Booker made a motion to reduce the amount of the fine that has accrued against this property from $48,500 to $500 to which will be paid within 30 days of closing; seconded by Tim Murry. The vote was unanimous in favor of the reduction of the amount of the fine. There being no further business, the meeting was adjourned. Jam Purvis, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 8