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04-19-2011 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 19, 2011 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Curt Henschel, City Planner, 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 February 15, 2011 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. 11-720 has complied and will not be heard. CASE NO. 11-709 Joel & Connie A. Casimiro 612 W. Minneola Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 612 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344; Expired Permit — Pool, Spa and Deck City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea 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 expired permit. Permit #200801856, expired 10/19/09. Compliance of this violation will be when the permit fee has been paid ($270.00), letter from engineer stating that all work is to code, and the reinspection has been scheduled. Board member Forte asked if the time requested for compliance is reasonable amount of time for the home owner to hire a contractor. Ms. O'Shea stated that is a reasonable amount of time. Chairman Purvis asked if the permit was pulled by a contractor or by the home owner. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 Ms. O'Shea stated that the home owner pulled the permit. Connie Casimiro stated that she needs an extension due to the fact that they need to come up with the money to hire an engineer to write a letter of approval for the pool, spa and deck. 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 May 17, 2011; seconded by Ed Carver. 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. 11-712 Tower Medical Center 210 N. Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 210 N. Highway 27, Clermont, FL 34711 VIOLATION: Chapter 118 Sections 118-35; Severe Pruning of Trees City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: This notice is to address the violation of city code which has occurred on your property. Trees have been severely trimmed, well beyond what is considered to be acceptable maintenance standards, and can therefore be considered a violation of city code. Trees should be allowed to grow naturally, in the manner to which they are intended. Canopy trees (oaks and elms) should not be shaped, nor should they be cut to improve visibility to the property. Prior warning given on January 25, 2010, and received by certified mail. Compliance of this violation will be when a tree removal permit is submitted with all fees paid. Twenty seven preferred canopy trees and two understory trees are to be replaced in lieu of the trees that were affected. (21 Live oaks, six American Elms, and two crape myrtles). The canopy trees must individually meet at least the following criteria: 65 gallon, 12 to 14 feet in height in overall height immediately after planting, 6 to 8 foot spread, 3 to 3 %2 caliper, FL Grade 1 or better, understory trees shall be a minimum of 8 feet in overall height immediately after planting, 4 foot spread. The trees must be replaced in close proximity to the affected trees. Board member Booker asked if the warning issued pertained to the pruning of the trees. Ms. O'Shea stated that yes a courtesy notice was sent warning him about the severe pruning and the letter was received by certified mail. David Allyn, 1976 Brantley Circle, stated that his landscaper mistakenly over trimmed the trees. He acknowledges that the trees were over trimmed, but not severely trimmed. He stated that the city's code 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 results in the wrong tree in the wrong place. He agrees that the Crape Myrtles should be replaced, however the existing 27 canopy trees be restored to normal through remedial pruning, or more appropriately they can be replaced with smaller trees that follow the standard principals of the right tree for the right place in the established national standards. He stated that pruning adequately could put good structure back into these trees. Board member Booker asked why he allowed someone to trim the trees to this extent again after being warned by the City. Mr. Allyn stated that he had asked his landscaper to trim the lower branches due to the fact that they were hitting people walking down the sidewalk. He stated that they had new workers and when he returned the trees were loll popped and trimmed to a greater extent than he thought they would be. He stated that he was in the process of hiring a new landscaper. Board member Forte stated that the site plan was agreed to by the City and property owner during site review. Board member Booker stated that no one listed in the presentation are here to testify. Code Enforcement Attorney Valerie Fuchs stated that it is up to the Board to determine how much weight they want to give the evidence. City Attorney Dan Mantzaris stated that the Respondent in his own presentation stated that the trees were severely pruned. He stated that the issue is what's going to happen next to correct the violation. He stated that a landscape architect works with these projects with the main goal of attracting patients to his facility and they decide on the landscaping. He stated that their decision is only regulated by certain choices within city's code. He stated the right tree in the right place does not fall in the negligence of the city. He stated that it's the decision of the developer or the landscape architect of this project. Board member Carter stated that it sounds like they hired someone who did not know how to prune trees. Chairman Purvis asked if the Respondent was involved in the process of the development of the property. Mr. Allyn stated that he is the owner of the property. He stated that he was involved from the beginning of development. Mr. Allyn stated that he was not there when the trees were trimmed and with subcontractors, if they are not watched at all times they do what they want. He stated that he requests City of Clermont to obtain a certified arborist to review the situation. He stated that if he plants new trees, it's going to take 2 or 3 years for the trees to grow. He stated that the established trees are healthier than planting new trees. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 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. The motion fails due to lack of a second. Chairman Purvis past the gavel to Les Booker. Jim Purvis made a motion to find the Respondent in violation of the cited City code with a fine o $250 per dad for every day in violation starting on August 16, 2011: seconded by Ed Carver. The vote was 3- 2 in favor of finding the Respondent in violation and in favor of the time period and the amount of the fine, with Board members Forte and Mannella opposing. CASE NO. 11-715 James H. Gano 1210 10`h Street Clermont, FL 34711 LOCATION OF VIOLATION: 1210 10 b Street, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-95; Unlawful Storage in Residential Areas City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea 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 inoperable, unregistered silver Ford Mustang that is in the backyard of the residence. Compliance of this violation will be when the vehicle has been registered, tagged, and made operable or permanently removed from the property. James Gano, 8413 N. Armenia, Tampa, stated that he was representing his father. He stated that the mustang actually belongs to him. He stated that his father was in the process of working on the car. He stated that the guy that lives behind his father is the gentleman doing work to the car. He stated that the only thing wrong with the vehicle is the windows. He stated that he would like six to eight weeks to decide what he is doing with the car. Ed Carver made a motion to find the Respondent in violation of the cited City code with a fine o $150 per day for every day in violation starting on June 21 2011 • seconded by Les Booker. 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. 11-722 Jivamati Hams ET AL 935 Princeton Drive 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 Clermont, FL 34711 LOCATION OF VIOLATION: 935 Princeton Drive, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.8); Unlawful Storage in Residential Areas City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea 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 vehicle(s) that have been observed in the driveway without a proper vehicle tag. The Transporter tag (G2865G) that has been placed on various vehicles is registered to Speedy Auto Detailing, and is not authorized for personal use. Compliance of this violation will be when all vehicles on property are legally tagged/registered, or permanently removed from the property. Board member Booker asked about the transporter license plates. City Attorney Dan Mantzaris read Florida Statute 320.133 explaining the purpose of transporter license plates. Mr. Harris, 947 Princeton Drive, stated that the address sited is not the correct address. He stated that the letter is accusing them of operating a business; however they are not operating a business. The tenant is parking different vehicles in his driveway with the same license plate. He stated that he does not have a problem with what his tenant is doing, but his neighbor does. Charles Wright, 917 Carnell, stated that he is the President of the Home Owner's Association. He stated that he has received complaints about this case. He stated that they have statute in their covenants stating that home owner's are not allowed to operate businesses from their homes. He stated that they have contacted the home owner about the violation and after several contacts with the home owners with no results; they decided to contact Code Enforcement. Gary Spooner, 911 Princeton Drive, stated that he has witnessed for the past four or five months, unlicensed vehicles being brought to this property. He stated that the person who is operating a detail business also transports these vehicles without license plates on them. He stated that this evening at 6:30 pm there was a purple Honda 2-door sedan in the driveway without a license plate. He stated that this happens to be the first home as you enter the community which affects the rest of the community. He stated that he has taken pictures and has been classified as a harasser. He stated that it is the landlord's responsibility to stop his tenant from doing what he is not supposed to be doing. Mr. Harris stated that he and his wife are not the ones conducting a business from this home. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250 per occurrence of violation starting on April 22 2011 • seconded by Ed Carver. The vote was 4-lin 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 favor of finding the Respondent in violation and in favor of the time period and the amount of the fine with Board member Forte opposing CASE NO. 11-714 Smokey Valley Stone Company 515 Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 515 Highway 27, Clermont, FL 34711 VIOLATION: IPMC Chapter 34 Sections 34-61 (1) Unlawful Maintenance of Nuisances - Weeds City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea 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 following conditions that exist on the property: Excessive overgrowth of tall grass and weeds inside and outside of the fence. Compliance of this violation will be when the following conditions are met: The property is cleaned of all weeds, grass, and excess vegetation, uniformly trimmed and mowed to the curbs of both streets, with all clippings removed from the property. Robert Parcells, 13549 Oak Knoll Road, stated that the grass got higher than it should have. He stated that once she contacted him, he took care of the property. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $250 The motion fails due to lack o a second. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a,fine of $100: seconded by Les Booker. The vote was unanimous in favor ottinding the Respondent in violation and the amount of the fine CASE NO. 11-711 Lola Mae Chandler & Nadelynn Chandler Young 833 Scott Street Clermont, FL 34711 LOCATION OF VIOLATION: 833 Scott Street, Clermont, FL 34711 VIOLATION: IPMC Chapter 14 Sections 14-9 (109.1, 108.1.1, 108.1.3, 110.1) Unsafe Structure City Attorney Dan Mantzaris introduced the case. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 The Respondent was present. Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: The building is unsafe, and poses a threat to the health, safety, and welfare of anyone who enters the residence. The roof appears unstable and has collapsed in the rear. (Section 109.1 Imminent Danger)(Section 108.1.1 Unsafe Structure) (Section 108.1.3 Structure Unfit for Human Occupancy)(Section 110.1 General) Compliance of this violation will be when one of the following conditions is met: A demolition permit is obtained at the City of Clermont Planning & Zoning department (contact Marivon at (352) 241-7310 with questions regarding application). Complete demolition of the building in its entirety with complete removal of building debris or restore building to current code, which includes submission of all permit fees, building applications, etc. Nadelynn Young, 312 Brimming Lake Rd., Minneola, stated that at this time she would like to save the structure. She stated that she would need to hire an engineer to see if the structure can be rebuilt. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $250 per day for every day in violation starting on June 21, 2011. The motion fails due to lack of a second. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine o� $250 per day for every day in violation startingoQust 23. 2011. The motion fails due to lack of a second. 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 June 21. 2011: seconded by Alfred Mannella. The vote was unanimous in favor of findin-a the Respondent in violation and in favor of the time period and the amount of the fine. CASE NO. 11-707 Gregory Powers 520 Lake Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 520 Lake Avenue, Clermont, FL 34711 VIOLATION: IPMC Chapter 14 Sections 14-9 (307.1) Exterior Property Maintenance City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 Code, City of Clermont Code of Ordinances, due to the following: There is a large amount of furniture and miscellaneous items piled in the front yard. (Sec 307.1 —Accumulation of Rubbish or Garbage) Action Required to Correct Violations: Remove all items from the front yard and store in an appropriate location. (If these items are for the purpose of a garage sale, garage sales are limited to two per year, for duration of two days. Items must be not be stored in the front yard for longer than the duration of the sale) Ken Forte 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 May 17, 2011: 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. CASE NO. 11-710 Eagle FL I SPE LLC NW corner of Brogden and Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: NW corner of Brogden and Highway 27, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1); Unlawful Maintenance of Nuisances - Weeds City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea 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 property currently being overgrown with tall grass and weeds, in excess of 18 inches. Additionally, the sidewalk and curbing are overgrown with grass/weeds. Compliance of this violation will be when the 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 past the sidewalk to the curb. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $150 per day for every day in violation startaniz on May 17 2011 • seconded by Ken Forte The vote was unanimous in favor of finding the Respondent in violation and an favor of the time period and the amount of the fine. CASE NO. 11-713 Wayne Thomas 214 2nd Street Clermont, FL 34711 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 LOCATION OF VIOLATION: 214 2"d Street, Clermont, FL 34711 VIOLATION: IPMC Chapter 14 Sections 14-9 (704.1) Fire Prevention City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: Section 704.1 General- Fire Protection Fire protection is inadequate and needs to be completed to the specifications of the attached documentation, completed by Fire Inspector Allen LaClair. She stated the property is in compliance. Ken Forte made a motion to find the Respondent in violation of the cited City code with no fine: seconded by Ed Carver The vote was unanimous in favor o, finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE NO. 11-718 Dwayne H. & Rhonda M. Gregoire 1248 Shorecrest Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1248 Shorecrest Circle, Clermont, FL 34711 VIOLATION: Chapter 122 Sections 122-344 Expired Permit for Swimming Pool & Spa City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea 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 permit for the swimming pool & spa that has expired. (Permit #200800859, expired 4/26/2010) Compliance of this violation will be when the renewal fee has been paid to the City of Clermont Building Department, and a final inspection has been scheduled. (Marivon at Building Department (352) 394-4083 Ext 310) Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $250 per day for every day in violation starting on May 17 2011 • 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. 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 CASE NO. 11-719 Floyd Forbes 1050 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 1050 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 34 Sections 34-61 (2) Unlawful Maintenance of Nuisances — Refuse City Attorney Dan Mantzans introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea 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 tree limbs that have fallen onto the ground. Compliance of this violation will be when the property has been completely cleaned of all tree debris, and it has been removed from the property. Alfred Mannella 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 May 17. 2011: seconded by Ken Forte. The vote was unanimous in favor of Rnding the Respondent in violation and in favor of the time period and the amount of the fine. CASE NO. 11-721 Juan Vasquez 1400 Block of 5`h Street Clermont, FL 34711 LOCATION OF VIOLATION: 1400 Block of 5th Street, Clermont, FL 34711 VIOLATION: Chapter 34 Sections 34-61 (1) Unlawful Maintenance of Nuisances — Grass & Weeds City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea 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, the property currently being extremely overgrown with tall grass and weeds. Compliance of this violation will be when the 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 curb, with all clippings removed from the property. 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 19, 2011 Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day for every day in violation starting on May 17. 2011: 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 10:05 p.m. Attest: zm��� Rae Chidlow, Code Enforcement Clerk 11