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10-19-2010 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 19, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 19, 2010 at 7:00 p.m. Members attending were James Purvis, Chairman, Dave Holt, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Jim Hitt, Planning Director, 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 September 21, 2010 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Planning Director Jim Hitt, 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. Planning Director Jim Hitt stated that Case numbers 10 -692 and 10 -695 have complied and will not be heard. Planning Director Jim Hitt stated that staff is requesting Case numbers 10 -677 and 10 -693 be continued to November 16, 2010. Les Booker made a motion to continue Case numbers 10 -677 and 10 -693 to the November 16, 2010 meeting; seconded by Ed Carver. The vote was unanimous in accepting the continuation. 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 introduced the case. Michael Heaney, 1640 E. Highway 50, stated that they have been in compliance since three weeks from the compliance date. He stated that there was a misunderstanding about what the compliance entailed, but as soon as he understood what was needed for compliance, he took care of it. He stated that he is requesting forgiveness of the fine. Mr. Mantzaris stated that the Board gave the Respondent ample opportunity to correct the problem by the compliance date. He stated that this is a conunercial enterprise with a site plan showing the required 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 19, 2010 landscaping. He stated they don't feel the fine should be completely waved. He stated that the City is requesting the fine be lowered no lower than $1000, and if they need 60 days to pay, the City is fine with that. Mr. Heaney stated that they have been in business in City of Clermont for over 10 years and this is the first time they have been before the Board. He stated that he feels they do keep their property maintained. He stated that he agrees they made a mistake, a costly mistake, and they have complied. David Holt made a motion to reduce the fine to $1050. The vote failed for lack of a second. Alfred Mannella made a motion to reduce the fine to $350: Jim Purvis passed the gavel to Vice -chair Dave Holt; the motion was seconded by Jim Purvis. The vote was 1 -4 so the motion fails,with Board members Holt. Booker, Purvis and Carver opposing. Les Booker made a motion to reduce the fine to $500 to be paid by December 20, 2010: seconded by Jim Purvis. The vote was 4 -1 in favor of the reduction of the fine with Board member Mannella opposing. Mr. Mantzaris explained the City's position regarding the process for converting fines to liens. He stated that City Staff's best approach is to have the lien created as quickly as possible on the property. He stated that when the case is presented and the Board finds there is a violation, and the fine will accrue if not complied by the compliance date, then language would be included that would allow the findings of fact conclusion of law to be recorded in the public records at the time the fine accrues, thus creating a lien automatically. He stated that if the City goes to this process, they would have to allow the Respondent to come before the Board and claim that the Code Enforcement Officer was wrong and that the property is in compliance and show proof. He stated that the City will notice the Respondent that a fine has accrued and a lien will be placed on their property, and they will have 30 days to request to come before the Board to show whether they are in compliance or not. He stated that if the 30 days expires without the Respondent coming back before the Board, the order will be executed by the Chairman and then recorded in the public records. He stated that the City will be asking the City Council to delegate a portion of its authority to relay the liens back to the Code Enforcement Board. He stated that in certain circumstances, the Code Enforcement Board would have the ability to address the reduction in liens for liens that are $50,000 or less, where the property is in compliance and where the Respondent has no other code violations on any other property they own in the City. He stated that the Board's authority would be limited to reducing the fine to no less than the reasonable administrative cost associated with the lien. He stated that the reasonable cost will be dealt with on a case -by -case basis. He stated that the current cases running fines would have to be brought back before the Board in order to place the lien on those properties. Code Attorney Valerie Fuchs stated that she is concerned about the power of the Board to reduce liens that have already been filed. Mr. Mantzaris stated that the Respondent would still have the opportunity to go before City Council and this would be addressed in the drafting of the procedures. He stated that they would also set up an established procedure where the Respondent would meet with Staff first to discuss a resolution to the 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 19, 2010 • fine and lien that both parties can agree to. He stated that the agreement will be confirmed in a written document, so that when they come back before the Board an agreement will already be in place. He stated that if the Board does not agree with the recommendation, then the Board will have the ability to do what they do now and it will either be accepted by the parties or it will then go before City Council. Chairman Purvis stated that he would like to see this process put into place. The consensus from the Board was that they are all in favor of the presentation of converting fines to liens. There being no further business, the meeting was adjourned at 7:59 p.m. /d Ja ' , es Purvis, Chai 1 an Attest: 2 1 c)k L. --0' Rae Chidlow, Code Enforcement Clerk 3