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05-17-2011 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 17, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, May 17, 2011 at 7:00 p.m. Members attending were James Purvis, Chairman, Dave Holt, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Curt Henschel, City Planner, Suzanne O'Shea, Code Enforcement Officer, Dan Mantzans, 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 Apnl 19, 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 -725 has complied and will not be heard. CASE NO. 09-504 Clermont Motor Lodge First National Bank of Mount Dora 1320 Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 1320 Highway 50, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 City Attorney Dan Mantzaris introduced the case. The Respondent was present. Del Potter, attorney for First National Bank of Mount Dora, asked for an extension of the compliance date in order to continue to market the property. Mr. Mantzans stated that staff does not have a problem with an extension. He stated that six months extension is acceptable. Board member Holt asked the Respondent if they are in agreement to the six month extension. Mr. Potter stated that they do agree to the extension of six months. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 17, 2011 Board member Booker stated that someone is going to have to pay to demolish the building whether it happens now or six months from now. Chairman Purvis stated that there have been no other code issues on the property. He stated that the Respondent has followed what the city has asked of them. Board member Carver asked if the market price is being adjusted every six months in accordance with the market values of the property. Mr. Potter stated that they are keeping up with the appraisals and the asking price is being adjusted accordingly. Alfred Mannella made a motion to allow an extension of one year. Motion failed due to lack of a second. Board member Holt stated that the Board asks residents to comply on their properties without any relief. He stated that he would like to see the Respondent, if they return in six months, provide some direction on bringing the property into compliance. Board member Booker agreed with Board member Holt. Dave Holt made a motion to allow a six month extension for compliance; seconded by Ed Carver. The vote was 4 -1 in favor of allowing the six month extension with Chairman Purvis opposing. CASE NO. 11 -723 Verde Ridge Homeowners Association, Inc. HOA common area located at Dagama Dr. & Balboa Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: HOA common area located at Dagama Dr. & Balboa Blvd., Clermont, FL 34711 VIOLATION: Chapter 122 Sections 122 -344; Expired Permit for Swimming Pool & Electrical 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: Expired permit for the swimming pool and no permit for an electrical review of the swimming pool. Permit #2006081101, expired 4/30/07. Compliance of this violation will be when the following is completed: Application is submitted and permit fee is paid for the swimming pool permit 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 17, 2011 renewal. With this application, a letter is required to be submitted from a structural engineer certifying all work is completed to code. A separate electrical permit is submitted for the pool. Carlos Gregory, Access Residential Management HOA for Verde Ridge, stated that they became aware of this issue from a homeowner. He stated that they are currently working with the permitting, engineenng and architects to get all the information so that they can finalize the permit. Teresa Bhoj, 3031 Chavez Ave., stated that she brought this issue to Mr. Gregory's attention, but she did not report this to the City. She stated that she has the backup information from the health department, the notice of commencement, and the permitting information. She stated the permit was pulled through Verde Ridge HOA, but the owner's name is Pulte Homes. She stated that if this is not fixed in a timely manner, she fears the developer will pull out and the homeowners will be stuck with this code violation. Roberta Reale, 3003 Santa Marcos Dr., stated that she feels there is a lack of communication. She stated that the homeowners feel they are liable and that the HOA needs to make this a priority. Mr. Mantzaris stated that the Board needs to remain focused on finalizing the permit, not whether there is a lack of communication between the HOA and the homeowners. Mohan Bhoj, 3031 Chavez Ave., stated that they have been asking to get a Certificate of Occupancy for the pool since December 2, 2010. Thomas Gorgone, 3034 Chavez Ave. stated that this has been an ongoing concern of the homeowners. He stated that the greater concern is the lack of urgency by the developer and his hired management agent. He stated that nearing build out, the homeowners are subjected by the covenants for the turnover of the HOA to the homeowners. At the time, the pool will become the homeowners' problems. He stated that it is the request of the homeowners of Verde Ridge that this matter gets rectified immediately. Board member Mannella asked who the management company is. Mr. Gorgone stated that it is Access Rental Management and the manager is Carlos Gregory. Board member Booker asked if the Board could order the pool closed for safety. Code Enforcement Attorney Valerie Fuchs read the section of Statute 162.06 that refers to that issue. Mr. Mantzaris stated that the City Code Enforcement Officer was not prepared to state the pool was unsafe. 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 and requests the Respondent to appear before the Board on June 21, 2011 if not in compliance by that time; seconded by Dave Holt. The vote 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 17, 2011 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 -724 Verde Ridge Homeowners Association, Inc. HOA common area located at Dagama Dr. & Balboa Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: HOA common area located at Dagama Dr. & Balboa Blvd., Clermont, FL 34711 VIOLATION: Chapter 122 Sections 122 -344; Expired Permit for Electrical /Low Voltage City Attorney Dan Mantzans 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: No permit obtained for installation of cameras around pool area. Compliance of this violation will be when the following is completed: Obtain an after - the -fact low voltage permit for the work that has been completed. Carlos Gregory, Access Residential Management HOA for Verde Ridge, stated that the cameras were installed to make the pool area a more secure place. He stated that the contractor who installed the cameras and security lights is still in business and will be submitting for the permit. Thomas Gorgone, 3034 Chavez Ave., stated that this is a two -part installation for the camera system. He stated that the low voltage is for the monitoring system for the cameras. He stated that conduit was run for the low voltage and the electrical for the flood lights. Dave Holt 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 finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE NO. 11 -728 Daniel J. Pool Sr. & John B. Carroll 821 W. Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 821 W. Minneola Ave., Clermont, FL 34711 VIOLATION: Chapter 102, Section 102 -3 (b)(3)(g); Abandoned Sign, No Tenant Exists on Site; 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 17, 2011 Chapter 102, Section 102 -24 (a)(b)(5)(8); Nonconforming Sign, No Tenant Exists on Site 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 free - standing, non - conforming pole sign that remains in the parking lot on your property. The business has ceased to exist at this location since August 2009. Compliance of this violation will be when you have permanently removed the unlawful and abandoned free - standing sign from the property. John Carroll stated that the sign has been there since about 1960. He stated that the building has been vacant since the library moved out, and he has not had anyone interested in renting the building since. He stated that now he has a tenant in there and he sees no other place for a sign on that property, so he has applied for a variance to be allowed to keep the existing sign. Board member Booker asked if the church wants a sign. Mr. Carroll stated he was not sure if the church wanted a sign or not. He said the church is there for three months, but whoever comes after them may want a sign. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $200 per day for every day in violation starting on August 16, 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 -726 Mohamed Nasim Jr. 3817 Glenford Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 3817 Glenford Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35; Destruction of a Tree 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 severe trimming of one oak tree in the front yard of 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 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 17, 2011 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. Compliance of this violation will be when the following is completed in its entirety: One preferred canopy tree is replaced in lieu of the one that has been affected. The tree must meet at least the following criteria: 65 gallon, 12 to 14 feet in overall height immediately after planting, 6 to 8 foot spread, 3 to 3 ''A caliper, FL Grade 1 or better. The tree must be replaced in close proximity to the affected tree, and not elsewhere on the property. The trees must be from the preferred tree list. 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 27, 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. Code Enforcement Attorney Valerie Fuchs stated that she will not be able to make the July 19, 2011 meeting and is requesting to move the day, rather than cancelling the meeting. She is requesting to move the meeting to Wednesday, July 20, 2011. There being no further business, the meeting was adjourned at 8:21 p.m. .,/ . J . es Purvis, Chairman Attest: Q Rae Chidlow, Code Enforcement Clerk 6