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08-16-2011 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 16, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 16, 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, 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 July 20, 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 the City would like to add a step to the procedure in addition to the mass swearing in. He stated that when the Respondent comes forward for their case, along with stating their name and address, the City would like for the Respondent to also affirm that they had been sworn in so that it is stated on record. City Attorney Dan Mantzaris stated that Case No. 11 -753, 11 -757, 11 -758 and 11 -761 has complied and will not be heard. CASE NO. 11 -747 Fred Anna Magee Vacant Lot at Mmneola/Bloxam Ave. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Lot at Mmneola/Bloxam Ave., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1); Overgrowth of Weeds /Grass City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, 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 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, 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 16, 2011 uniformly trimmed and mowed, including the street right -of -way to the pavement, with all clippings removed from the property. She stated that staff's recommendation is to find the Respondent in violation of Section 34 -61 (1) with no fine to be issued at this time. Fred Anna Magee, 711 E. Montrose St., stated that she was sworn in. She stated that she doesn't normally go down the hill to that part of her property so she doesn't see the overgrowth. She stated that she will start checking the property on a regular basis. Ed Carter made a motion to find the Respondent in violation of the cited City code with no fine assessed at this time; seconded by Alfred Mannella The vote was 3 -2 in favor of finding the Respondent in violation with no fine, with Purvis and Forte opposing. CASE NO. 11 -748 Michael J. & Karin C. Moreau Vacant Lot, Block 87, West Ave. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Lot, Block 87, West Ave., Clermont, FL 34711 VIOLATION: Chapter 34, Sections 34 -61 (1); Unlawful Maintenance of Nuisances 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 in repeat 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. Compliance of this violation will be when the premises have been returned to a condition met with custom and usual maintenance, clean of all excess vegetation, uniformly trimmed and mowed, including the street right -of -way, with all clippings removed from the property. Michael Moreau, 10415 Lake Louisa Rd., stated that he was sworn in. He stated that he has a bush hog company that mows the property on regular basis, however due to rain they have gotten off schedule. He stated that it has been a while since he's had to be notified of the overgrowth of the property. Ken Forte made a motion to find the Respondent in repeat violation of the cited City code with a fine of $500 assessed at this time. Motion failed due to lack of a seconded. Les Booker made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250 assessed at this time; seconded by Alfred Mannella. The vote was 3 -2 in favor of finding the Respondent in repeat violation and amount of the fine, with Forte and Carver opposing. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 16, 2011 CASE NO. 11 -760 Smokey Valley Stone Company 515 Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 515 Highway 27, Clermont, FL 34711 VIOLATION: Chapter 34 Section 34 -61 (1); Unlawful Maintenance of Nuisances 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 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 Rd., stated that he has been sworn in. He stated that there has been a lot of rain since the previous case and it got out of control. He stated that the property along the road belongs to the State of Florida. Ken Forte made a motion to find the Respondent in repeat violation of the cited City code with a fine of $500 assessed at this time; seconded bv Les Booker. The motion was withdrawn. Les Booker made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250 assessed at this time; seconded bv Ed Carter. The motion failed 1 -4 with Forte, Mannella, Purvis and Carver opposing. Ed Carver made a motion to find the Respondent in repeat violation of the cited City code with a fine of $100 assessed at this time; seconded bv Alfred Mannella. The vote was 4 -1 in favor of finding the Respondent in repeat violation and fine, with Purvis opposing. CASE NO. 11 -749 Gabnele R. Bourguignon 370 Crystal Lake Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 370 Crystal Lake Dr., Clermont, FL 34711 VIOLATION: Chapter 14 Section 14 -9 (302.4)(302.5)(301.3); Exterior Property Maintenance 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 16, 2011 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches (Section 302.4 Weeds), (Section 302.5 Rodent Harborage). The residence is no longer occupied and has become a blight to the area (Section 301.3, Vacant Structures and Land). Action required to correct violations: All grass and weeds on the property must be uniformly trimmed and mowed to the street, below 18 inches. All refuse and vegetative debris must be removed from the property. 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 August 17, 2011, for the Cate to maintain the property at the Respondents expense and to file the necessary liens on the property; seconded by Al 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, maintenance of property and filing the lien. CASE NO. 11 -754 Woody & Wallace Land Development, LLC Vacant commercial lot off Hooks St. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant commercial lot off Hooks St., Clermont, FL 34711 VIOLATION: Chapter 14 Sections 14 -9 (302.4); High Grass and Weeds 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches (Section 302.4 Weeds). Action required to correct violations: Mow all grass and weeds on the property that are in excess of 18 inches, including to the street right -of- way, and all weeds that have grown into the street. Les Booker made a motion to find the Respondent in violation of the cited City code with no fine at this time; seconded by Ed Carver. The vote was 4 -1 in favor of finding the Respondent in violation and in avor of no fine with Forte opposing 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 16, 2011 CASE NO. 11 -755 Juan Vazquez 1400 Block of 5 St. Clermont, FL 34711 LOCATION OF VIOLATION: 1400 Block of 5 St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -61 (1); Weeds 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 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. Les Booker made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250; seconded by Ed Carver. The vote was 4 -1 in favor of finding the Respondent in repeat violation and in favor of the amount of the fine with Forte opposing the amount of fine. CASE NO. 11 -756 Masthead LLC Land on Masthead Blvd. to Grand Hwy. Clermont, FL 34711 LOCATION OF VIOLATION: Land on Masthead Blvd. to Grand Hwy., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4); Excessive Weed and Plant Growth 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 property currently being overgrown with tall grass and weeds in excess of 18 inches. Compliance of this violation will be when all of these vacant lots have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and /or excess vegetation, 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 16, 2011 uniformly trimmed and mowed, including the street right -of -way to the pavement. Additionally the hill and the fence line along Grand Highway should be suitably tnmmed. Les Booker made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250; seconded by Al Mannella. The vote was unanimous in favor of finding the Respondent in repeat violation and in favor of the amount of the fine. Board member Ken Forte requested that when a property is cited for a code violation, that all surrounding properties are inspected and cited at the same time for their code violations. There being no further business, the meeting was adjourned at 8:36 p.m. ,KAir Ja es Purvis, Chair an Attest: Rae Chidlow, Code Enforcement Clerk 6