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01-18-2011 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 18, 2011 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Dave Holt, Les Booker, Alfred Manne11a, and Ed Carver. Also attending were Jim Hitt, Planning Director, Suzanne O'Shea, 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 November 16, 2010 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Suzanne O'Shea, 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 No. 11 -700 has complied and will not be heard. CASE NO. 11 -697 Hep 8 Cler, LC 4335 S. Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 4335 S. Highway 27, Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34 -32; Business Noises Disturbing Residential Neighborhood City Attorney Dan Mantzaris introduced the case. The Respondent was not present; however the restaurant owner of China Taste was present. Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby notified that you are in repeat violation of the referenced section of the City of Clermont Code of Ordinances as evidenced by Clermont Police Report 2010 -29741 by Lt. M. McMaster on Monday, December 20, 2010. The City is requesting a one -time fine in the amount of $500.00. Mr. Mantzaris stated that the first time this case came before the Board was in November 2009. He stated that they came before the Board in September 2010 for a repeat violation. He stated that this is the third time this case has been before the Board and the second time as a repeat violation. Lt. M. McMasters, Clermont Police Department, stated that the police did not receive the call for service on the date of the violation. He stated that they had been called pnor to that date in reference to the 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 pressure washing being done on the roof after hours, so they increased patrols of this area. He stated that at 9:55 pm as he pulled into the south entrance of the plaza he could hear the pressure washer. He stated that the pressure washer was being operated at China Taste. He told the pressure washer operator that he had to shut down because it was past time for the noise ordinance, at which time the operator did pack up the equipment. Dharmendra Soni, 899 W. Highway 50, stated that the restaurant is open until 9:00 pm, so they can't clean up until after the closing of the restaurant. Mei Lian Chen, 4335 S. Highway 27, stated that she just purchased the China Taste in December. She stated that this will be the last time, and requested that this one time, they not be fined for this incident. Chairman Purvis asked what she would do to stop this from happening after hours. Ms. Chen stated that she would have them clean in the mornings before opening for business. Board member Mannella stated he feels the owner property should pay the fine due to the fact this is the third time and he feels the property manager is not correctly informing the tenants of the noise ordinance. Board member Booker stated that they should not have to start counting each time there is a new owner for China Taste because every time it has come before the Board, they say there is a new owner. Board member Holt asked if the property manager explained the lease prior to the Respondent signing. Chairman Purvis stated that he agrees with everything that was said, but he feels they should not take Staff s recommendation toward the new business owner because he does not consider her a repeat offender. Mr. Mantzaris stated the code reads that the property owner is responsible for all tenants and all activity and behaviors on their property, even if they are not the violators. David Holt made a motion to find the Respondent in violation of the cited City code with a fine of $250; seconded by Ed Carver. The vote was 3 -3 so the vote fails. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $500; seconded by Alfred Mannella. The vote was 4 -2 in favor of finding the Respondent in violation and in favor of the amount of the fine with Board members Holt and Carver opposing. CASE NO. 11 -698 Tower Villages, Inc. 211 Citrus Tower Blvd. Clermont, FL 34711 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 LOCATION OF VIOLATION: 211 Citrus Tower Blvd., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35 (a)(b)(c)(d); Severe Pruning & Destruction of Adult Tree 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 severe trimming/excessive hatracking of eight live oak trees and one drake elm tree on 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 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. Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter; or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Compliance of this violation will be when the following is completed in its entirety: One tree removal permit is submitted at the Planning & Zoning Department, and the nine affected trees are removed, including a substantial amount of root system. Nine preferred canopy trees are to be replaced in lieu of the nine that were affected. The trees must individually meet at least the following criteria: 65 gallon containers, 12 to 14 feet in overall height immediately after planting, 6 to 8 foot spread, 3 to 3 ' caliper, FL Grade 1 or better. The trees must be replanted in the same area as the affected trees, and not elsewhere on the property. All replanted trees must be chosen from the preferred tree list for canopy trees. Board member Mannella asked if the City asked the property owner to prune the trees or did they decide to prune them themselves. Ms. O'Shea stated that it seems they chose to prune them on their own. She stated there would not have been a violation if they weren't so severely trimmed. Chairman Purvis asked if the tree trimmers were licensed and if they had a permit. Ms. O'Shea stated that they did not need a permit to trim the trees and said they were not tree trimmers who trimmed the trees. Board member Holt asked if the power lines above the trees were the issue for severely tnmming the trees. Herb Smith, president of Tower Villages, Inc., stated that he has been building in Clermont for more than 25 years. He stated that he did not tell the tree trimmers to prune the trees so severely. He stated that he told them to cut them down about 2 feet below the power lines. He stated that if he knew there was a pruning code, he would have Just had Progress Energy trim them rather than pay someone to trim the trees. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 Board member Booker asked when the trees can be replaced. Mr. Smith stated that he does not have the money to just replace all the trees at this time. He stated that he will do what he needs to do. He stated that if he can replant one or two trees at a time until he gets them all replanted. Ms. O'Shea stated that the city is willing to work with Mr. Smith, but there are several trees he can choose from to replace these trees. 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 July 19, 2011; seconded by Alfred Mannella The motion was amended to allow a preferred tree, but not necessarily requiring a canopy tree. The vote was 5 -1 in favor of finding the Respondent in violation and in favor of the time period and the amount of the fine, with Board member Ed Carver opposing. CASE NO. 11 -699 George Francoyannis 1768 Nature Cove Clermont, FL 34711 LOCATION OF VIOLATION: 1768 Nature Cove, Clermont, FL 34711 VIOLATION: Chapter 336 -C; Water Restrictions City Attorney Dan Mantzaris introduced the case. The Respondent was not present. At Freeman, City of Clermont Water Conservationist, stated that the Respondent was given a warning, a first and second violation and a fine which he paid. He stated that he witnessed the third violation on August 16, 2010 which was a Monday. He stated that the Respondent's watering days were on Thursdays and Sundays. He stated that this property is vacant. He stated that certified mail was returned but regular mail was not returned. He stated that in September he witnessed a fourth violation so he had the Utility Billing Department shut off and lock the meter to this address due to the repeated violations. David Holt made a motion to find the Respondent in violation of the cited City code with a lien of $250 be placed on the cited property; seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation and placing a lien on the cited property CASE NO. 11 -702 Senturk Marketing, Inc. 899 W. Highway 50 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 Clermont, FL 34711 LOCATION OF VIOLATION: 899 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35 (a)(b)(c)(d); Landscape Maintenance 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 City of Clermont Code of Ordinances, due to the following: Property landscaping, consisting of shrubs and trees, are in poor condition and/or missing from the original landscape plan for the property. Compliance of this violation will be when: Twelve preferred canopy trees are replanted in accordance with the original landscape plan for the property. The trees must individually meet at least the following criteria upon planting: 65 gallon container, 12 to 14 feet in height, 6 to 8 foot spread, 3 inch caliper, FL Grade 1 or better, trees must be from the list of approved canopy tree list. Shrubs around the property must be replanted as follows: Remove all dead plantings and replace all areas of missing plantings as follows: Replant shrubs at a minimum of 24 inches in height and 30 inches on center. If there are any existing gaps between plants that are greater than 30 inches, another shrub must be planted to fill the gap. Shrubs must be replaced from approved list. Dharmendra Soni, 899 W. Highway 50, stated that there is no date on the landscape plan and he has owned the property for 10 years. He stated that a couple years ago they removed the shrubs and replaced them. He stated that he has spent a lot of money on landscaping, replacing the tanks and the building. He stated there were no trees in the requested area before the tanks were replaced. 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 July 19, 2011; 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 -655 Southlake Village Development, LLC Vacant Lots on Legends Way Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Lots on Legends Way, Clermont, FL 34711 REQUEST: Impose Fine and Create Lien on Property City Attorney Dan Mantzaris introduced the case. Attorney Jimmy Crawford stated that he was here representing the Respondent and to answer any questions. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 Les Booker made a motion to lower the fine from $3,000 to $300 to be paid within 30 days or a lien be placed on the property; seconded by Alfred Mannella. The vote was unanimous in favor of lowering the . finfi_$300.00. CASE NO. 09-603 Jean A. and Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 624 Prince Edward Ave., Clermont, FL 34711 REQUEST: Impose fine and Create Lien on Property City Attorney Dan Mantzaris introduced the case. David Holt made a motion to waive the fine of $3,750.00; seconded by Alfred Mannella. The vote was 4 -2 infavor of waiving the fine of $3,750.00 with Board members Purvis and Booker opposing. There will be no Code Enforcement meeting for March 2011. There being no further business, the meeting was adjourned at 8:58 p.m. / ' ms s Purvis, C i . ' an Attest: Rae Chidlow, Code Enforcement Clerk 6