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05-18-2010 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, May 18, 2010 at 7:00 p.m. Members attending were James Purvis, Chairman, Tim Murry, Dave Holt, 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, and Valerie Fuchs, Code Enforcement Board Attorney. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of April 20, 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 staff is requesting to table Case number 10 -651 to the June 15, 2010 meeting. Dave Holt made a motion to table Case number 10 -651 to the June 15, 2010 meeting; seconded by Tim Murry. The vote was unanimous to table the case to the June meeting. City Attorney Dan Mantzaris stated that Case number 10 -653 has complied and will not be heard. He stated that Case number 09 -539 will be withdrawn from the agenda. CASE NO. 09-531 Eliana Madrid 1521 Muir St. Clermont, FL 34711 LOCATION OF VIOLATION: 1521 Muir St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4); Excessive Weed and Plant Growth City Attorney Dan Mantzaris stated that this case was previously found in violation for excessive weed and plant growth. He stated that a fine has accrued in the amount of $52,000. He stated that they have received a request from a representative of the bank that currently owns the property, and they have a pending sale of the property. He stated that the bank and realtor have agreed to pay $1,500 of the fine that will be paid at closing or within 30 days, which ever happens sooner. He stated that Staff is asking the Board to approve a fine reduction to $1,500 to be paid by June 18, 2010 or at the closing of the sale of property whichever is earlier. He stated that if the reduced fine is not paid at that time then the fine amount will revert back to $52,000. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 Dave Holt made a motion to accept Staff's recommendation of the reduced fine of $1500 to be paid at time of closing, but no later than June 18, 2010 or the amount will revert back to $52,000; seconded by Alfred Mannella. The vote was unanimous in favor of accepting Staff's recommendation. CASE NO. 09 -534 Kenneth B. Hanomen 677 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 677 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (108.1.1) (110.1), Unsafe Building Due to Fire & Deterioration City Attorney Dan Mantzaris stated that this case was previously found in violation of unsafe building issues. He stated that a fine has accrued in the amount of $15,750. He stated that there has been no discussion or agreement made with the Respondent. Kenneth Hanomen, 14629 Johns Lake Rd., stated that he is asking for forgiveness of the fine. He stated that he has spent over $100,000 to fix the building. He stated that the building is now complete. Mr. Mantzaris stated that there have been extensions on the compliance because the Respondent was slow to respond to the issues with the building. He stated that there has been a lot of time and effort spent on this file and Staff's recommendation is that if the fine is going to be reduced, they ask that it not be reduced any more than $1,500, and they are will consider 60 to 90 days for the fine to be paid. Tim Murry made a motion to accept Staff's recommendation of the reduced fine to $1500 to be paid no later than July 20, 2010 or the amount will revert back to $15,750; seconded by Les Booker. The vote was unanimous in favor of accepting Staff's recommendation. CASE NO. 09-505 Smokey Valley Stone Company 515 Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 515 Highway 27, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61(1) (2) City Attorney Dan Mantzaris stated that this case has come into compliance so rather than requesting to file a lien they are looking to make a settlement on the fine. 2 ■ CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 Planning Director Jim Hitt stated that while the Respondent thought that they had come into compliance, there was a portion that was not in compliance. However, the property is in complete compliance at this time. Code Enforcement Officer Suzanne O'Shea stated the total fine is $44,400 for high grass and weeds. Mr. Hitt stated that Staff is in agreement to accept $1,000 for the reduction of the fine. Robert Parcells stated that the property was in compliance prior to July 20, 2009. He stated that he thought someone would come by to check the property by July 20, 2009. He did not know that a fine was accruing until he received the letter about the lien. Alfred Mannella made a motion to fine the Respondent in the amount of $1,000 to be paid within 15 days. The motion fails due to lack of a second. Les Booker made a motion to accept Staff's recommendation of the reduced fine of $1,000 to be paid by July 20, 2010 or the amount will revert back to $44,400; seconded by Tim Murry. The vote was unanimous in favor of accepting Staff's recommendation. CASE NO. 10 -611 Al -Karim Jivraj 528 W. Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 528 W. Minneola Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 City Attorney Dan Mantzaris stated that a fine as been accruing at $400 a day since February 16, 2010. He stated that the property is not in compliance. He stated that Staff's recommendation is that the Board continue the impose fine of $400 a day from February 16, 2010 and a lien filed against the property. Les Booker made a motion to accept Staff's recommendation to file a lien on the property; seconded by Tim Murry. The vote was unanimous in accepting Staff's recommendation. CASE NO. 09-515 Tommy L. Wootson 714 Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: 714 Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1) (2) 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 City Attorney Dan Mantzaris stated that a fine as been accruing at $50 a day since July 20, 2009. He stated that the property is not in compliance. He stated that Staff's recommendation is that the Board continues the imposed fine of $50 a day from July 20, 2009 and a lien filed against the property. Tommy Wootson, 3943 Greenview Pines, Orlando, stated that he cleaned the property but then it becomes a mess again. He stated that there was some confusion to what he was supposed to do to prove compliance. Chairman Purvis suggested that they table the case to the June 15, 2010 meeting. City Attorney Dan Mantzaris stated that Staff was in agreement to table the case to the June 15, 2010 meeting. Les Booker made a motion to table this case to the June 15, 2010 meeting; seconded by Alfred Mannella. The vote was unanimous to table this case. CASE NO. 09-495 Tiproel, LLC Vacant lot on Bloxam Ave. North of Pitt St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot on Bloxam Ave., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1) (2) City Attorney Dan Mantzaris stated that a fine as been accruing at $100 a day since June 15, 2009. He stated that the property is not in compliance. Gregg Christoff, 11728 Osprey Point Blvd., stated that he received quotes in the amount of $6,000 to $8,000 to bring this property in compliance. Janet Christoff, 11728 Osprey Point Blvd., stated that what brought the property to the attention of the City is the neighboring property dumped fruit trees and debris. Code Enforcement Officer Suzanne O'Shea stated that if they cut the property in 50 feet and cleaned up all the garbage off the entire property they would be in compliance. Chairman Purvis stated that he feels there was some miscommunication with this case. Dave Holt made a motion to table this case to the June 15, 2010 meeting; seconded by Tim Murry. The vote was unanimous to table this case. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 CASE NO. 10 -654 Victor Klipp 502 East Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 502 East Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4) City Attorney Dan Mantzaris introduced the case. He stated that the Respondent is not present and this property is in foreclosure at this time. 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 sections of this property currently being overgrown with tall grass and weeds. Compliance of this violation will be when all of these 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 to the pavement of both streets. Dave Holt 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 28, 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. 09-538 Church of Our Lord Jesus Christ Eudella Young, ET AL Trustees West of 662 E. Desoto St. Clermont, FL 34711 LOCATION OF VIOLATION: West of 662 E. Desoto St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1) (2) City Attorney Dan Mantzaris stated that a fine as been accruing at $150 a day since September 30, 2009. He stated that the property is not in compliance. He stated that Staffs recommendation is that the Board continue the imposed fine of $150 a day from September 30, 2009 and a lien filed against the property. Les Booker made a motion to accept Staff's recommendation to file a lien on the property; seconded by Dave Holt. The vote was unanimous in accepting Staff's recommendation. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 CASE NO. 09-516 James L. Montgomery Vacant lot between Bloxam and Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot between Bloxam and Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1) (2) City Attorney Dan Mantzaris stated that a fine as been accruing at $75 a day since July 20, 2009. He stated that the property is not in compliance. He stated that Staff's recommendation is that the Board continues the imposed fine of $75 a day from July 20, 2009 and a lien filed against the property. Alfred Mannella made a motion to accept Staff's recommendation to file a lien on the property; seconded by Les Booker. The vote was unanimous in accepting Staff's recommendation. CASE NO. 09 -565 Angela C. Johnson Vacant lot between Bloxam and Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot between Bloxam and Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1) (2) City Attorney Dan Mantzaris stated that a fine as been accruing at $150 a day since September 30, 2009. He stated that the property is not in compliance. He stated that Staff's recommendation is that the Board continues the imposed fine of $150 a day from September 30, 2009 and a lien filed against the property. Alfred Mannella made a motion to accept Staff's recommendation to file a lien on the property; seconded by Tim Murry. The vote was unanimous in accepting Staff's recommendation. CASE NO. 09-566 Martina Johnson Vacant lot between Bloxam and Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot between Bloxam and Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1) (2) 6 NNW CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 18, 2010 City Attorney Dan Mantzaris stated that a fine as been accruing at $50 a day since September 30, 2009. He stated that the property is not in compliance. He stated that Staffs recommendation is that the Board continues the imposed fine of $50 a day from September 30, 2009 and a lien filed against the property. Les Booker made a motion to accept Staff's recommendation to file a lien on the property; seconded by David Holt. The vote was unanimous in accepting Staff's recommendation. Chairman Purvis stated that Code Enforcement Attorney Valerie Fuchs will not be able to attend the July 20, 2010 meeting. Mr. Purvis declared that time there will not be a meeting on July 20, 2010. There being no further business, the meeting was adjourned. Jam : ' urvis, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 7