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09-21-2010 Regular Meeting CITY OF CLERMONT • 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. 1 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. 2 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 • Clermont Motor Lodge 1320 US Highway 27 • 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. 2 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 • 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. 3 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. 4 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 5