09-21-2010 Regular Meeting CITY OF CLERMONT
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MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 21, 2010
The' regular meeting of the Code Enforcement Board was called to order on Tuesday, September 21,
2010 at 7:01 p.m. Members attending were James Purvis, Chairman, Dave 1 -bolt, Alfred Mannella, and
Ed Carver. Also attending were Jim Hitt, Planning Director, 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 June 15, 2010 were approved.
Code Enforcement Chairman Jim Purvis read the Opening Remarks.
Code Enforcement Officer Betty McMinamen, along with any of the public who may testify, was sworn
in.
Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney.
City Attorney Dan Mantzaris stated that Case numbers 10 -662, 10 -671, 10 -686, 10 -687, 10 -688 & 10-
689 have complied and will not be heard.
CASE NO. 10 -669 -
Hep 8 Cler LC
4351 S. Highway 27
Clermont, FL 34711
LOCATION OF VIOLATION: 4351 S. Highway 27, Clermont, FL 34711
VIOLATION: Chapter 34, Section 34 -32; Business Noises Disturbing Residential Neighborhood
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 as evidenced by the 'noise' complaint on Sunday, July 4, 2010, from the adjacent residential
neighborhood. This complaint was accompanied by City of Clermont Police Department General Case
Report containing interviews with the complainant and the contractor producing the offending noise at
this location.
Officer Erwin Ramirez, City of Clermont Police Department, stated that on Sunday, July 4, 2010 at
approximately 9:26 a.m. he responded to the Kings Ridge Plaza for a noise complaint. He stated that
when he arrived behind the business, he heard the noise from the pressure washer being used at the
Chinese restaurant.
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City Attorney Dan Mantzaris introduced the case.
Tommy Wootson, 1744 Presidio Dr., stated that he is asking for forgiveness of the fine.
City Attorney Dan Mantzaris stated that the City opposes a complete forgiveness of the fine. He stated
that a reduction to $500 to be paid within thirty days is the City's recommendation.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 21, 2010
Paula Aurit, Kings Ridge Shopping Plaza, stated that this was a tenant violation. She stated that the
tenants have been notified about the noise violations. She stated that this was the Chinese restaurant that
hired an outside vendor to clean the vents on the roof. She stated that there is a language barrier with the
Chinese restaurant owners.
Alfred A4annella made a motion to accept Staff's recommendation to fine the property owner $500 Jiff
repeat violation of the noise ordinance; seconded by Dave Holt. The vote was unanimous in accepting
Staff's recommendation.
CASE NO. 09 -504
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Clermont Motor Lodge
1320 US Highway 27
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Clermont, FL 34711
LOCATION OF VIOLATION: 1320 US Highway 27, Clermont, FL 34711
VIOLATION: Chapter 14, Section 14 -9
REQUEST: Request for an Extension
City Attorney Dan Mantzaris introduced the case.
Attorney Dell Potter, Mount Dora, stated that they are requesting a one -year extension.
Dave Holt Horde a motion to accept the request for one -year extension; seconded by Ed Carver. The
vote was unanimous in accepting the extension.
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: Forgiveness of Fine
. City Attorney Dan Mantzaris introduced the case.
Tommy Wootson, 1744 Presidio Dr., stated that he is asking for forgiveness of the fine.
City Attorney Dan Mantzaris stated that the City opposes a complete forgiveness of the fine. He stated
that a reduction to $500 to be paid within thirty days is the City's recommendation.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
•
SEPTEMBER 21 2010
Mr. Wootson stated that it would be hard for him to pay the fine in thirty days. He feels that at this time
he should he forgiven and if it gets overgrown again then the City could fine him then. He stated that he
is trying to sell it and feels at this time he should have forgiveness for the fine.
Tim Murry, 574 E. Desoto St., stated that Mr. Wootson doesn't really understand what is going on. He
stated that Mr. Wootson agreed that he could pay $100 a month for the next five months.
Board member Dave Holt stated that Mr. Wootson has spent a lot of money to bring this property in
compliance, yet the Board just allowed a bank a one year extension and that offends his sense of
fairness. He stated that he would rather him keep the money to put toward keeping up the property. He
stated that he would like to see it forgiven, and if the property is not kept up, then fine him as a repeat
offender.
Alfred Mannella made a motion to reduce the tine to $500 to be paid in 90 days; seconded by Ed
Carver. The vole was 3 -1 to accept the reduction of the fine with Dave Holt opposing.
CASE NO. 10 -597
Talal Properties LTD & Tarek Properties LTD
1640 E. Highway 50
Clermont, FL 34711
LOCATION OF VIOLATION: 1640 E. Highway 50, Clermont, FL 34711
VIOLATION: Chapter 118, Section 118 -35
REQUEST: Forgiveness of Fine
City Attorney Dan Mantzaris stated that no Respondent is present so no action will be taken.
CASE NO. 10 -651
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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, 102 -24
REQUEST: Forgiveness of Fine
City Attorney Dan Mantzaris introduced the case and stated that Council approved the variance for the
sign:
Emily Lee, 2823 S. Atlantic Ave., Daytona Beach, stated that she is asking for forgiveness of fine.
Dave Holt made a motion to accept the request for forgiveness of fine; seconded by Ed Carver. The vote
was 3 -1 in accepting the forgiveness of fine with Jim Purvis opposing.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 21, 2010
CASE NO. 08 -452
Martin & Blanca Casanova
567 E. Montrose Street
Clermont, FL 34711
LOCATION OF VIOLATION: 567 E. Montrose St., Clermont, FL 34711
VIOLATION: Chapter 14, Section 14 -76 (3)
REQUEST: Reduction in Fine
City Attorney Dan Mantzaris introduced the case and stated that the potential buyers are asking for
reduction of the fine. He stated that the Respondent no longer owns the property; it is in possession of
the bank and now the buyers are looking to improve the property and bring it back into compliance.
Henry Cones stated that this property has been auctioned four times before they came across the
property again. He stated that in 90 days it will be one of the nicer looking properties in the
neighborhood. He stated that they plan on keeping the property as a residential rental.
Board Member Alfred Mannella stated that he feels the potential buyers should not have to pay
anything, and the City should make the bank pay a $2500 fine.
Dave Holt made a motion to accept the request for reducing the tine to $500 and the property be
brought into compliance in 90 days from closing with the closing occurring within 120 days; seconded
by Ed Carver. The rote eras 3 -1 in accepting the forgiveness offine with Alfred Mannella opposing.
CASE NO. 10 -667
Kerra L. Campbell
967 W. Montrose Street
Clermont, FL 34711
LOCATION OF VIOLATION: 967 W. Montrose St., Clermont, FL 34711
VIOLATION: Chapter 14, Section 14 -9 (302.4); Excessive Weed & Plant Growth
City Attorney Dan Mantzaris introduced the case and stated there was no Respondent present.
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 by allowing the accumulation of grass and weeds to grow to a height of eighteen (18) inches
or more on certain sections of your property. Compliance of this violation will he when all vegetation is
uniformly trimmed and mowed, including the right -of way on W. Montrose Street that is to be
maintained by you, and then all clippings shall be removed from the property.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 21, 2010
Alfred Jtfw ella prude a motion to find the Respondent in violation of the cited City code with a fine of
8150 per day for every day in violation starting ora September 21, 2010; seconded by Dave Holt 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.
Alfred tllannella made a motion lo amend the compliance date to September 28, 2010; seconded by Ed'
Carver. The vote was unanimous to amend the compliance date.
CASE NO. 10 -680
Gary L. Holmes
999 W. Juniata Street
Clermont, FL 34711
LOCATION OF VIOLATION: 999 W. Juniata St., Clermont, FL 34711
VIOLATION: Chapter 14, Section 14 -9 (302.4); Excessive Weed & Plant Growth
City Attorney Dan Mantzaris introduced the case and stated there was no Respondent present.
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 $150
per day for every day in violation starting on September 28, 2010; seconded by Ed Carver The vote
was aruninuuas in favor of finding the Respondent /n violation and in favor of the time period and dw
amount of the fine.
Dave Holt was nominated as the Vice - Chair, which he accepted.
There being no further business, the meeting was adjourned.
Jame: 'urvis, Chairman
test:
Rae Chidlow, Code Enforcement Clerk
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