Loading...
07-20-2011 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 20, 2011 The regular meeting of the Code Enforcement Board was called to order on Wednesday, July 20, 2011 at 7:05 p.m. Members attending were James Purvis, Chairman, Ken Forte, Alfred Mannella, Dave Holt, 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 June 21, 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 -738 has complied and will not be heard. He stated that Case No. 11 -739 is requesting for a continuance to the August 16, 2011 meeting. Dave Holt made a motion to continue Case No. 11 -739 to the August 16, 2011; seconded by Ed Carver. The vote was unanimous in favor of continuing Case No. 11 -739. CASE NO. 11 -745 William M. & Renee L. Banzhaf 990 W. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 990 W. Montrose Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.1)(302.4); Exterior Property Maintenance; Chapter 10, Section 10 -26; Chicken/Roosters; Chapter 34, Section 34 -95; Unlawful storage of Boat City Attorney Dan Mantzaris introduced the case. The Respondent was present. 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 International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: There is a large amount of concrete, piles of cardboard, shopping baskets, plywood, baby items, chicken pens, garbage cans, pallets, water jugs, and other miscellaneous items (IPMC- Section 302.1 Sanitation). There is high grass 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 20, 2011 and weeds in excess of 18 inches (IPMC- Section 302.4- weeds). There are palm fronds, and other vegetative debns scattered around the property (IPMC- Section 302.1 Sanitation). Chickens and/or roosters are running around loose in the rear of the property (Section 10 -26). Abandoned, unregistered boat on the'property (Section 34 -95). Compliance of this violation will be when the following conditions are met: All abovementioned debns must be removed from the property and disposed of. All grass and weeds in excess of 18 inches are cut, and all vegetative debris removed from the property and properly disposed of. All chickens /roosters are permanently removed from the property. All unlicensed, inoperable boats are permanently removed from the property, stored in an enclosed garage, or legally registered and stored behind the front setback of the house. Board member Forte asked how we can know that the items on the vacant property belong to the Respondent. Ms. O'Shea stated that the items on the vacant property are consistent with the items that were on the Respondent's property. She stated that the tenant admitted to her that the items moved to the vacant property were the same items from the property. Bill Banzhaf, 979 W. Montrose St., stated that the tenant who took Suzanne to the back of the property painted the house, while the other tenant trimmed the palms, so he looked at it at as they were fixing up the property. He stated that he did not go to the back of the property where the tenant who has moved out created the mess out back. He stated that the tenant was recycling cardboard. He stated that the remaining tenant who showed Suzanne the mess has that he will clean up the property within the 30 days. Mr. Mantzaris stated that the City would like to amend the recommendation to finding in violation of Chapter 14, Section 14 -9 pertaining to the debris on the property with a fine of $250 per day for every day in violation starting on August 23, 2011. He stated staff will withdraw Chapter 10, Section 10 -26 and Chapter 34, Section 34 -95 from the violations. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $125 per day for every day in violation starting on August 23, 2011; seconded by Alfred Mannella Chairman Purvis stated that he would like to see a lesser fine of $100 per day due to the fact the Respondent is an active member of the community and believes the Respondent will take care of the violation. Ken Forte amended his 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 August 23, 2011; seconded by Alfred Mannella The vote was unanimous an favor offending the Respondent in violation and in favor of the time period and the amount of the fine. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 20, 2011 CASE NO. 11 -740 Autozone, Inc. # 2426 591 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 591 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Sections 118 -35 & 118 -33; Failure to maintain landscape and irrigation City Attorney Dan Mantzans introduced the case. The Respondent was not present. 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 chapter of the City of Clermont Code of Ordinances due to the following: The shrubs around the property are dead, dying, and /or missing. The irrigation system does not appear to be functioning properly. Compliance of this violation will be when the all the following is completed in its entirety: The landscape vegetation is sufficiently replaced and maintained so that all plant life is healthy, neat and orderly. All plantings must meet minimum requirements upon planting, and be maintained as such. (Refer to attached handout for planting requirements- Sec. 118 -36. Plant material.) The irrigation system should be functioning properly and used in accordance with the watering guidelines of the City of Clermont. 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 August 23, 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 -741 Discount Auto Parts, Inc. Advance Auto Parts 390 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 390 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118 Section 118 -35; Failure to maintain landscape City Attorney Dan Mantzaris introduced the case. The Respondent was not present. 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 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 20, 2011 hereby notified that you are in violation of the referenced chapter of the City of Clermont Code of Ordinances due to the vegetative landscaping around the perimeter of the property that is dead/dying/ missing. Compliance of this violation will be when the landscape vegetation is sufficiently replaced and maintained so that all plant life is sustained, healthy, neat and orderly. Dave Holt made a motion to find the Respondent in violation of the cited Cate code with a fine of $250 per day for every day in violation starting on August 23, 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. 11 -743 Clara M. Freeman c/o James Freeman Vacant lot 200 block of W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot 200 block of W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 14 Sections 14 -9 (302.4)(302.5)(301.3); Weeds and Grass, Dangerous Tree City Attorney Dan Mantzaris introduced the case. The Respondent was not present. 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 following conditions: Excessive accumulation of grass and weeds in excess of 18 inches (Section 302.4 Weeds) (Section 302.5 Rodent Harborage). Rotten and broken tree limbs/branches on the property. (Section 301.3 Vacant Structures and Land). The oak tree located in the northeast corner of the property is unsafe and poses an extreme hazard to vehicles on Hwy 50, the adjacent property, (which occupies patients of the medical offices, and vehicles parked in the parking lot.) The tree has rotten, broken branches which have fallen not only into the parking lot, but onto the property. (Section 301.3 Vacant Structures and Land). Compliance of this violation will be when the property meets the following conditions: Cleaned of all dead, dying, and excess vegetation, uniformly trimmed and mowed, with all clippings, tree limbs/branches removed from the property. All vegetative debris (broken branches and limbs) is removed from the property. After obtaining a tree removal permit from the City of Clermont zoning department, the abovementioned oak tree is cut down and entirely removed from the property. Alfred Mannella 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 23, 2011 and recommending that the City remove the tree due to public health, safety and welfare of the public; seconded by Ed Carver The vote 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 20, 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 -746 Eagle FL I SPE LLC Northwest corner of Brogden & Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: Northwest corner of Brogden & Highway 27, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1); Weeds City Attorney Dan Mantzans introduced the case. The Respondent was not present. 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 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. Dave Holt made a motion to find the Respondent in repeat violation of the cited City code with a fine of $500 per day for every day in violation starting on July 8, 2011; seconded by Ed Carver. The vote was unanimous in favor of finding the Respondent in repeat violation and in favor of the timeperiod and the amount of the fine. There being no further business, the meeting was adjourned at 8:08 p.m. , Pr , Ja es Purvis, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 5