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01-17-2012 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 17, 2012 at 7:00 p m. Members attending were Dave Holt, Vice - Chairman, Chandra Myers, Ken Forte, Alfred Mannella, and Les Booker. Also attending were Curt Henschel, City Planner, Suzanne O'Shea, Code Enforcement Officer, Allen LaClair, Water Conservation Coordinator /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 November 15, 2011 were approved as amended. Code Enforcement Vice - Chairman Dave Holt read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Vice - Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12 -796 has complied and will not be heard. He stated that the Respondent for Case No. 09 -564 has requested to be pulled from the agenda and will not be heard. CASE NO. 12 -792 Ali H. Jawad Towerview Office Complex Clermont, FL 34711 LOCATION OF VIOLATION: Towerview Office Complex, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35 & 118 -36; Failure to Maintain Landscape City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who 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 chapter of the City of Clermont Code of Ordinances due to the following violations: Failure to maintain the landscaping around the property. Compliance of this violation will be when the following conditions are met in their entirety: All landscape vegetation is sufficiently replaced and maintained so that all plant life is healthy, neat, and orderly. All plantings must adhere to the location, size, and quality of plant required. Unbroken Hedges around the perimeter of the property -two feet in height upon planting, 30 inches apart on center. Board member Forte stated that he noticed in the pictures that there are patches where there is no grass. He asked if the grass also must be maintained under Chapter 118. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 Ms. O'Shea stated that the provisions of Chapter 118 do state that it has to adhere to the original landscape plan and the original plan would include grass. Vice -chair Holt asked how many feet of hedging is not in compliance. Ms. O'Shea stated that it's hard to say because the spacing is sporadic, but there are several plants that need to be replaced. Ali Jawad, 3238 Open Meadow Loop, Oveido, stated that he purchased this property in 2005. He stated that the property looks the same as it did when he purchased it. He stated that he has kept the property in good condition along Highway 27, however on the sides there are areas that look like no plants were ever planted. He stated that the bushes were not there when he purchased the property. He showed pictures of the landscape of the property. Code Enforcement attorney Valerie Fuchs informed Mr. Jawad that whatever pictures he shows the Board will have to be given to the Clerk for the file. Mr. Jawad stated he was okay with that. He stated that he can only water once a week which is not enough, but then he's required to keep his landscape looking good. Board member Booker asked the owner if the Respondent inquired with the City what the original landscape was when he purchased the property. Ms. O'Shea stated that the photo Mr. Jawad show is an image from back when the travel park was there, not the BP which was back in the 1990's. She stated that the code states that there has to be a continuous hedge around commercial property. She stated that it may not have been there when he purchased the property, but it should have been there. Vice -chair Holt asked how the property came about being cited. Ms. O'Shea stated that an adjacent property was being cited, so he was cited as well. Board member Marnella asked where the approved landscape plan for this property is. Ms. O'Shea stated that she could not locate the landscape plan. City attorney Dan Mantzaris stated that the violation has to do with Section 118 -36 (4)(d) which states that hedges shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years from the time of planting. He stated that regardless if there is a landscape plan on file or not, they are required to adhere to the code. Board member Forte stated that if the City can't find the original landscape plan then all they can discuss is the quality of what was replaced. He stated that without the plan, they cannot determine that the hedges were there to start with. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 Board member Booker stated that if they can't establish that the hedges were there to start with, how the Board can cite the Respondent for not maintaining what may or may not have been there. He stated that the City needs to give the Respondent time to comply with the code, and then if he doesn't comply with the code bring him back before the Board. Vice -chair Dave Holt stated that he is going to vote against this motion because in his judgment there was a hedge. He stated that it is clear under the City ordinance that the hedge is required to be there. He stated that the hedge is gone and needs to be replaced. Board member Forte asked Mr. Holt how he could tell there was a hedge there. Vice -chair Holt stated that he could tell from the evidence presented by the City staff. Board member Forte stated that just because we have an ordinance, if the Board isn't sure the hedge was there when the property was originally built, how do we know that someone didn't just put a hedge in for the sake of putting it in. Vice -chair Holt stated that one can judge the evidence one way and he can judge the evidence another way. Alfred Mannella made a motion to drop the case due to lack of a landscape plan; seconded by Ken Forte The vote was 4 -1 in favor of dropping the case with Vice -chair Dave Holt opposing CASE NO. 12 -794 Miche Chicoye 561 Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 561 Minneola Avenue, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -95 (1) Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who 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 following: The property is extremely overgrown with tall grass and weeds, in excess of 18 inches. Compliance of this violation will be when the premise is uniformly trimmed below 18 inches, with all clippings and debris removed from property and disposed of properly. Miche Chicoye, 1645 Penzance Rd., stated that he has a guy that cleans up the property. He stated that obviously he will have to go clean it up himself. He stated that when he left the place it was clean, but whether the wind blew the debris every where he wasn't sure. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 Board member Booker asked the homeowner shouldn't he take responsibility to take care of his property and not wait for the City to inform him that his property is not in compliance. Mr. Chicoye stated that he will make it a priority to keep up the property. Vice -chair Dave Holt explained to the Respondent that if he comes back before the Board again it will be as a repeat offender and he will receive a larger fine. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day if not complied by February 21, 2012; seconded by Ken Forte. The vote was 4 -1 in favor of finding the Respondent in violation with the fine and date with Alfred Mannella opposing. CASE NO. 09-504 First National Bank of Mount Dora, Trustee F /B /O Opal Simer Bailey 1320 US Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 1320 US Highway 27, Clermont, FL 34711 REQUEST: Request for Extending Compliance Date City Attorney Dan Mantzaris introduced the case. The Respondent was present. Dell Potter stated that they now have a contract on the property, so they are asking for an additional extension to allow them to close on the property. He stated that closing date is January 31, 2012, but the trust owes money to a lot of people. He stated that they just file the petition with the court to notify the parties of interest. He stated that they are looking at 60 to 90 days to actually complete the closing. He stated they would like at least a 90 extension. Alfred Mannella made a motion for an extension of compliance to be April 17, 2012; seconded by Chandra Myers The vote was unanimous in favor to allow the extension of compliance. CASE NO. 11 -736 Evelio Dehoyos & Elin Satory 533 Carrol St. Clermont, FL 34711 LOCATION OF VIOLATION: 533 Carrol St., Clermont, FL 34711 REQUEST: Request for Reduction of fine. City Attorney Dan Mantzaris introduced the case and stated that the City is in agreement to a reduction of the fine to $500. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 The Respondent was present. Ken Forte made a motion to reduce the fine of $18,250 to $500; seconded by Alfred Mannella The vote was 4- 1 in reduction of the fine with Board member Les Booker opposing CASE NO. 12 -790 Lost Lake Reserve, LLC Lost Lake Tracts: 7D, 6 including Sub lots A & B, F, A and 7A Clermont, FL 34711 LOCATION OF VIOLATION: Lost Lake Tracts: 7D, 6 including Sub lots A & B, F, A and 7A, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -95 (1)(2) Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who 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 excessive accumulation of weeds and grass on the property. Compliance of this violation will be when all high weeds and grass have been trimmed and mowed uniformly and evenly below 18" in depth. Undeveloped property may be mowed to a distance of 30 yards from the right of way. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day i f not complied by February 21, 2012; seconded by Ken Forte The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -791 Kankoo Enterprises Hancock Rd. & E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 979 Cornell Avenue, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -95 (1) Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who 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 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the excessive accumulation of weeds and grass on the property. Compliance of this violation will be when all high weeds and grass have been trimmed and mowed uniformly and evenly below 18" in depth. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day if not complied by February 21, 2012; seconded by Alfred Mannella The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -793 Karl R. Smith, Trustee Vacant lot 600 -700 Block of Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot 600 -700 Block of Prince Edward Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4)(302.5); IPMC- High grass & Weeds City Attorney Dan Mantzaris introduced the case. The Respondent was not 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 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. Excessive undergrowth around bushes and trees (Section 302.4 Weeds) (Section 301.3 Vacant Structures and Land)(Section 302.5 Rodent Harborage). Action Required to Correct Violations: Mow grass and weeds on the property, including to the street right -of- way. Clean underneath the heavily overgrown trees and bushes, to eliminate excessive overgrowth and rodent harborage. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day if not complied by February 21, 2012, seconded by Ken Forte The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -795 William & Renee Banzhaf 790 Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION 790 Minneola Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14 -9 (302.4)(302.5)(302.1); IPMC- Fences, Rodent, Sanitation City Attorney Dan Mantzaris introduced the case. The Respondent was not present. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 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 following: High grass and weeds in excess of 18 inches. (Section 302.4 Weeds) (Section 302.5 Rodent Harborage). Miscellaneous debris, consisting of but not limited to, mattress, TV's, bikes, buckets, computer equipment, animal cages, vehicle parts, bins, etc. that is scattered in the side of the property, and underneath the building. (Section 302.1 Sanitation). Compliance of this violation will be when the grass and weeds are cut below 18 inches, and all miscellaneous debris is permanently removed and disposed of. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day if not complied bv February 21, 2012; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -797 Belgian Capital Fund, LLC South Lake Medical Arts Center Oakley Seaver Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: Oakley Seaver Blvd., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35, Chapter 34, Section 34 -61 (1) Failure to Maintain Landscape; Unlawful Maintenance of Nuisances. City Attorney Dan Mantzaris introduced the case. The Respondent was not 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 chapter of the City of Clermont Code of Ordinances due to the following: Landscape around the exterior and interior of the property is dead, dying, and/or missing. This includes but is not limited to, various trees, hedges, ground cover, etc. Grass and weeds are in excess of 18 inches. Compliance of this violation will be when the following is met in its entirety: All landscape vegetation is sufficiently replaced and maintained so that all plant life is healthy, neat and orderly. All replaced plants and trees should adhere to the original landscape plan of the property (see attached). Grass and weeds should be cut so not to exceed 18 inches in height. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day if not complied by February 21, 2012; seconded bv Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 17, 2012 CASE NO. 12 -799 Gerald A. & Frances R. Smith 1650 Morning Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1650 Morning Dr., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34 -95 (1)(2) Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who 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 dead & fallen tree in the backyard of the property and the surrounding lawn being in excess of 18" in depth. Compliance of this violation will be when the tree is removed and the yard has been evenly mowed and trimmed. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day if not complied by February 21, 2012, seconded by Ken Forte The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -800 Hurtak Family Partnership, LTD c/o American Financial Realty Trust 690 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 690 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35, Failure to Maintain Landscape Les Booker made a motion to continue this case to February 21, 2012; seconded by Chandra Myers The vote was unanimous to continue this cast to February 21, 2012. There being no further business, the meeting was adjourned at 8:32 p.m. Dave Holt, Vice - Chairman st: Rae Chidlow, Code Enforcement Clerk 8