Loading...
06-15-2010 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 15, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 15, 2010 at 7:01 p.m. Members attending were James Purvis, Chairman, Ken Forte, Tim Murry, Dave Holt, Les Booker and Ed Carver. Also attending were 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. Code Enforcement Board Attorney Valerie Fuchs swore in the new Code Enforcement Board member Ed Carver. The minutes from the Code Enforcement Board Meeting of May 18, 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 -659 has complied and will not be heard. 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) REQUEST: File a Lien on Property City Attorney Dan Mantzaris introduced the case. Janet Cristoff, 11728 Osprey Point Blvd., stated that the contractor was out there cutting the property and the work was completed today from what she understands. She stated that she drove by the property ()IV the way to the meeting and it does look a lot better, but she would not be sure that it is satisfactory until Ms. O'Shea inspects the property. Code Enforcement Officer Suzanne O'Shea stated that she drove by this morning and seen the contractor doing the work and Ms. Cristoff at the property, so she stopped and explained to the contractor what she expected. She stated that the contractor stated he would be back around 2:00 to start the work. She stated that she went out to do inspections about 4:00 and the property was not in complete compliance at that time but the work was started. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 15, 2010 Tim Murry made a motion to accept Staff's recommendation lo file a lien on the property; seconded by Les Booker 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) REQUEST: File a Lien on Property City Attorney Dan Mantzaris introduced the case. Tommy Wootson, 3943 Greenview Pines, Orlando, stated that he thought he was in compliance but found out he was not. He stated that the only thing Left to do is take the debris away from the property. He stated that the property is cleaned up and the debris is piled up beside the road, but the City will not pick it up. He stated that he did not know the City would not pick it up because he does not have a structure on the property. Ms. O'Shea stated that all the overgrowth has been taken care of, but she could not put into full ' compliance until the debris is removed from the property. Les Booker made a motion to table this case until August 17, 2010; seconded by Ken Forte. The vote was unanimous to table this case. CASE NO. 10 -651 Irving Matthews 375 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 375 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 102, Section 102 -3 (b) (3) (g); 102 -24 (a) (b) (5) (8) REQUEST: File a Lien on Property 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 free- standing, non - conforming 'Leeza Morgan' sign that remains on your property. The business has ceased to exist at this location for more than 30 days. Compliance of this 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 15, 2010 violation will be when you have permanently removed the unlawful and abandoned free - standing sign from the property. Emily Lee stated that the business was closed in March, but has intended on opening the business again. She stated that the property was purchased in 2006 after it had been empty for 2 years. She stated that at that time nothing was said about changing the sign and there were improvements made to the property. She stated that at the time the sign was grandfathered in unless anything was changed on the sign. She stated that she is requesting the sign remain as it is. She stated that if she has to spend money on the sign, she will not have the money to open the business. She stated that she needs to get all the • accessories put up and she intends to open in 2 weeks. Chairman Purvis stated that he does not believe the Board has jurisdiction to allow the sign to stay as it is. Code Enforcement Attorney Valerie Fuchs stated that the Board can't give permission to keep the sign, it is up to the Board to follow the Code and determine whether the sign is in compliance or not and allow a specific amount of time to come into compliance. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day for every day in violation starting on July 20, 2010 The vote failed due to the lack of a second. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day for every day in violation starting on August 17, 2010; seconded by Les Rooker. The vote was unanimous in avor o indin_ the Respondent in violation and in avor o the time eriod and the amount of the fine. CASE NO. 10 -658 Bebi A. Mamood & Sheik R. Ali 795 Princeton Drive Clermont, FL 34711 LOCATION OF VIOLATION: 795 Princeton Drive, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35 (a) (b) (c) (d); 118 -111; Severe Pruning and Destruction of Adult Tree, Tree Removal Permit Required. • 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 severe trimming and possible destruction 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 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 15, 2010 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: A tree removal permit is submitted with all fees paid. Following the permit application, it will be determined by staff the size of preferred tree required as a replacement for the affected tree. Basil Harris, 947 Princeton Dr., stated that they will do what is required to comply. Bebi Mamood, 795 Princeton Dr., stated that she did not intend to destroy the tree. She stated that she is asking for the City to work with her because she does not have any money at this time. Les Booker made a motion to find the Respondent in violation of the cited City code, to replace the tree or be fined $100 per day for every day in violation starting on Judy 15, 2010; seconded by Tim Murry. The vote was 5 -1 in favor of finding the Respondent /11 violation and in favor of the time period and the amount of the fine with Board member Forte opposing. CASE NO. 09 -539 Jeff Laperche • 555 Scott Street Clermont, FL 34711 LOCATION OF VIOLATION: 555 Scott Street, Clermont, FL 34711 • VIOLATION: Chapter 34, Section 34 -61(1) • • City Attorney Dan Mantzaris stated that this case has come into compliance and the Respondent is requesting forgiveness of the fine. Jeff Laperche, 5032 Gaskin Ct., Orlando, stated that he did not receive notification because he did not notify the property appraisers that his address changed. Ken Forte made a motion to reduce the fine to $300 to he paid by July 15, 2010. The vote failed due to lack ofa second. Les Booker made a motion to accept Staff's recommendation to reduce the fine to $500 to he paid by .July 15, 2010; seconded by David Holt. The vote was 5 -1 in favor of accepting Staff's recommendation with Board member Forte opposing. CASE NO. 10 -655 South Lake Development, LLC Vacant Lots on Legends Way Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Lots on Legends Way, Clermont, FL 34711 • 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 15, 2010 VIOLATION: Chapter 14, Section 14 -9 (302.4) (301.3); Maintenance on Vacant Property 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 hrternational Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches (Section 302.4 Weeds). There is a large amount of refuse dumped on the property. This includes cut limbs/branches, weeds, and miscellaneous construction debris, etc. (Section 301.3 Vacant Structures & Land). Action required to correct violations: The premises must be cleaned of all dead, dying, and /or excess vegetation, uniformly trimmed and mowed, with all clippings removed from the property. All refuse, construction debris, abandoned property must be removed in its entirety from the property. Dave Holt 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 July 20, 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. City Attorney Dan Mantzaris requested from the Board to subpoena Metro PCS for phone numbers to find the responsible party who are putting signs throughout the City that violate the City sign code. Les Booker made a motion to allow Chairman Purvis to sign a subpoena for Metro PC'S on behave of the Code Enforcement Board; seconded by David Holt. The vote was unanimous in favor ofsigning the subpoena There being no further business, the meeting was adjourned. / VT". Ja Purvis, Chairman Attest: l Rae Chidlow, Code Enforcement Clerk 5