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06-21-2011 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 21, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 21, 2011 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Alfred Mannella, Les Booker, Dave Holt, and Ed Carver. Also attending were Curt Henschel, City Planner, Suzanne O'Shea, Code Enforcement Officer, Al Freeman, Water Conservation Coordinator, 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 May 17, 2011 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Suzanne O'Shea and Water Conservation Coordinator Al Freeman, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzans stated that Case Nos. 11 -730, 11 -733, and 11 -737 have complied and will not be heard. He stated that Case No. 11 -735 is being withdrawn. CASE NO. 11 -729 Tony Oscar & Jean Baptiste Lariveau 3562 Wind River Run Clermont, FL 34711 LOCATION OF VIOLATION: 3562 Wind River Run, Clermont, FL 34711 VIOLATION: Section 66 -220 City Attorney Dan Mantzans introduced the case. The Respondent was not present. Water Conservation Coordinator Al Freeman stated that the Respondents were issued warnings for watering outside of their scheduled times. He stated that at the time of this violation, irrigation was permitted once a week. He stated that on March 3, they were issued a warning ticket. He stated that on March 10, the Respondent was watering outside of the scheduled time again. He stated that they were issued a citation with a $50 fine, which was also mailed to them by regular mail and certified mail. He stated that the Respondent did not receive the certified mail. He stated that the case was then turned over to Code Enforcement Officer Suzanne O'Shea who mailed them a notice for violation that was mailed certified mail and they did receive that mail. Chairman Purvis asked if the Respondent is on reclaimed water. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 21, 2011 Mr. Freeman stated that subdivision is not on the City's reclaimed water system at this time. He stated that even if they were, they must abide by the same watering restrictions because the City does not have enough reclaimed water to distribute. Board member Forte asked if the picture was taken on the regularly scheduled day. Mr. Freeman stated that the Respondent's watering day was Sunday and the photo was taken on a Thursday. Dave Holt made a motion to find the Respondent in violation of the cited City code with a lien of $50 to be placed on the property; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation and in favor of placing a $50 lien on the property. CASE NO. 11 -731 Jennifer L. Astacio 1059 Pnnceton Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1059 Princeton Dr., Clermont, FL 34711 VIOLATION: Chapter 118 Sections 118 -111; Unpermitted Removal of Two Trees 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: The removal of two oak trees located in the front yard of the property. It shall be unlawful and a violation of this division and the land development code to clear or remove a tree by any method without first securing a permit from the city unless removal of such tree is exempted by other provisions of this division or the land development code. For exemptions, see section 118 -9. Compliance of this violation will be when the following is completed in its entirety: Two preferred, canopy trees are replaced in lieu of the two that have been affected. The trees must individually meet at least the following criteria: 65 gallon, 12 to 14 feet in height immediately after planting, 6 to 8 foot spread, 3 to 3 %2 caliper, FL Grade 1 or better. The trees must be replaced in close proximity to the affected trees, and not elsewhere on the property. The trees must be from the preferred tree list. Jennifer Astacio, 1059 Pnnceton Dr., stated that she did remove trees without a permit. She stated that she hired a landscaping company to remove trees because they were leaning over. She stated that she was never informed that she needed a permit. She stated that she planted the new trees that did not meet the size requirements on May 2, 2011 and the letter Code Enforcement Officer Suzanne O'Shea mailed to her was dated May 2, 2011. She stated that she still was not told that she needed a permit. She stated that if she had been told on March 26, 2011 to get a permit, she would have gotten a permit. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 21, 2011 Ms. O'Shea stated that there was a lot of communication back and forth pertaining to the issue of the debris being picked up, and being short- staffed, it's hard to get everything out in a timely manner. Chairman Purvis stated that what is before the Board is Section 118 -111, which specifically addresses the permit and says nothing about the size of the trees. Mr. Mantzaris stated that Ms. O'Shea was explaining the compliance measures if the Respondent obtained a permit. He stated that the issue before the Board is that two trees were removed without a permit. Board member Booker stated that he can't see a violation of the city code, and he can't see making the Respondent remove two trees that have already been planted, for trees that are maybe two feet higher. Chairman Purvis stated that what they do need to vote on is the removal of the onginal trees without a permit. Dave Holt made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day for every day in violation starting on August 20, 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 -736 Evelio De Hoyos & Elin Satory 553 Carroll St. Clermont, FL 34711 LOCATION OF VIOLATION: 553 Carroll St., Clermont, FL 34711 VIOLATION: Chapter 14 Sections 14 -9; Exterior Property Maintenance 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: Due to a recent storm, a tree from your property fell onto the neighbor's property. Additional large tree limbs have fallen and remain on the ground. There is a boat bearing an expired tag in the side yard of the property (Section 301.3 Vacant Structures and Land). There is high grass in excess of 18 inches (Section 302.4 Weeds). A large branch has fallen on top of the shed in the rear, causing significant damage (Section 302.7 Accessory Structures). Action required to correct violations: Removal of the entire tree that fell onto neighbor's front yard. Removal of all broken tree limbs, and removal of boat bearing an expired tag (Oct. 1992). Trim grass and weeds so they do not exceed 18 inches. Removal of the shed. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 21, 2011 Mr. De Hoyos, 1000 Old England Ave., Winter Park, stated that he disagrees with Ms. O'Shea and that the items have all been corrected. Ms. O'Shea stated that some areas have been cleared and it does look better, but not everything has been cleared, and it does not meet compliance. Board member Les Booker asked if the property can be brought into compliance within a reasonable period of time. Mr. De Hoyos stated that the shed has damage to its roof; however he feels he can patch the roof. He stated that the shed is back 175 feet and is not seen by the public. Chairman Purvis stated that whether he patches it, repairs it or removes it, he will need a permit to do that, and the shed will have to be brought into compliance. Ken Forte 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 August 16, 2011. The vote failed 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 July 20, 2011; seconded by Ed Carver. The vote was 4 -2 in favor of finding the Respondent in violation and an favor of the time period and the amount of the fine with Board members Mannella and Forte opposing. CASE NO. 11 -732 Deodat Guman 428 Chestnut St. Clermont, FL 34711 LOCATION OF VIOLATION: 428 Chestnut St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9; Graffiti and High Grass; 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 following: Graffiti on the exterior of the buildings (Section 302.9 Defacement of Property). High grass in excess of 18 inches (Section 302.4 Weeds). Compliance of this violation will be when the following occurs: All graffiti is removed or painted over so it is not visible, grass and weeds are cut, including to the right -of -way, and clippings removed from the property. Alfred Mannella 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 July 20, 2011; seconded by Les Booker. The vote 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 21, 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 -734 Sherry D. Pruitt 1358 Hillview Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1358 Hillview Dr., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122 -343; Fence in Disrepair 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 rear fence that is in extreme disrepair, with panels that have fallen from the fence posts. Compliance of this violation will be when the fence panels are properly secured back into place or the entire fence is removed, including the posts. 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 20, 2011; seconded by David Holt. 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. Chairman Purvis reminded the Board that the meeting for July is being moved to Wednesday, July 20, 2011. There being no further business, the meeting was adjourned at 8:30 p.m. mes Purvis, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 5