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.
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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
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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
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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;
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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
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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
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