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11-16-2010 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 16, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 16, 2010 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Jim Hitt, Planning Director, Curt Henschel, 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 October 19, 2010 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Curt Henschel, 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. CASE NO. 10 -677 Hunter's Trace Properties Clermont Shopping Center 701 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 701 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35; Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Curt Henschel 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 City of Clermont Code of Ordinances, due to the following: Landscaping, hedges, trees, etc. are in poor condition and/or missing from the original landscape plan for the property. Compliance of this violation will be when the following conditions are completed in their entirety: Replant all new landscaping in accordance with the attached, approved landscape plan: 13 Savannah Holly understory trees, one on the northwest side, and 12 on the south side of the property along Minnehaha Ave., 2 Bottle Brush understory trees, both on the south side of the property along Minnehaha Ave., 2 rows of hedges on the south side of the property along Minnehaha Ave., replace two front islands with St. Augustine grass, above understory trees may be substituted, but must remain in accordance with prior approved size and location. Board member Forte asked if the Respondent has been notified since June that they are still not in compliance. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 16, 2010 City Attorney Dan Mantzaris stated that the original notification was sent in June. The notice for the October meeting was sent and subsequent to that notice he received an order entered by the Chairman continuing the October meeting to today. Board member Booker asked why the Respondent has not come into compliance. Mr. Mantzaris stated that it's his understanding that the Respondent feels the tenant is responsible for keeping up the landscaping, but the City has informed him that as a property owner, he is responsible for keeping the property in compliance. Chairman Purvis asked if the property owner was local. Mr. Henschel stated that the Respondent does live locally. Les Booker 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 December 21, 2010. He further recommends that the City review the CUP to see if they are in violation of the CUP; seconded by Ken Forte. 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. 10 -693 Des Properties, LLC 1018 School Street Clermont, FL 34711 LOCATION OF VIOLATION: 1018 School Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4); Excessive Weed & Plant Growth City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Curt Henschel 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 the street. Board member Carver asked what size is the lot. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 16, 2010 Mr. Henschel stated that it's a single family size lot. Chairman Purvis asked if the property owner is local. Mr. Henschel stated that it does not appear that the property owner is local. Chairman Purvis asked if this was commercial property. Mr. Henschel stated that the property is residential. 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 December 21, 2010; seconded by Alfred Mannella 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. There being no further business, the meeting was adjourned at 7:21 p.m. • Jame: ' urvis, Cha rman Attest: s 2- 0 M Rae Chidlow, Code Enforcement Clerk 3