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03-20-2012 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, March 20, 2012 at 7:02 p.m. Members attending were Chairman Dave Holt, along with Board members Larry Seidler, Bill Rini, Alfred Manne11a, Chandra Myers, and Thomas Gorgone. Ken Forte joined the meeting at 8:02. Also attending were Jim Hitt, Planning and Zoning Director, 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. Code Enforcement Board Attorney Valerie Fuchs swore in new Board members Larry Seidler and Bill Rini. The minutes from the Code Enforcement Board meeting of February 21, 2012 were approved as amended. Code Enforcement 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. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12 -810 and 12 -815 have come into compliance and will not be heard. CASE NO. 12 -808 James Sheehan & Deborah McGowin 1349 Bridge Hill Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1349 Bridge Hill Lane, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35; Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was 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 severe pruning of a required tree. Pruning is not in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 Maintenance ANSI 300" of the National Arborist Association. Compliance of this violation will be when a permit to remove the damaged tree is granted, the tree removed, and a new tree installed. Deborah McGowan - Sheehan, 1349 Bridge Hill Lane, stated that she bought this house as a foreclosure. She stated that they have put a lot of effort into the property to bring it back to the state it was when it was built. She stated that she did not know that there was such thing as a severe pruning as a violation. She stated that she does not feel that a large healthy tree should not be replaced with a small immature tree. Board member Myers asked the Respondent if she had any pictures of the tree. Ms. McGowan - Sheehan stated that she had pictures on her laptop. Board member Mannella asked if the home was in Legends subdivision and does Legends have an architectural control board. Ms. McGowan - Sheehan stated that the home is in Legends and yes they do have an architectural control board. Board member Gorgone asked if the Respondent pruned the tree herself. She stated that her son pruned the tree. Board member Rini asked why she would top a tree in this manner. She stated that when you top a tree they bush out more and she wanted the tree to get thicker. Board member Rini asked that topping a tree is a violation of the city code. City Attorney Dan Mantzaris stated that it is a violation of the city code. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day from May 15, 2012 until complied; seconded by Chandra Myers. The vote failed with 4 -2 not in favor of the fine and date with Board members Larry Seidler, Bill Rini, Alfred Mannella and Dave Holt opposing. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day from June 19, 2012 until complied; seconded by Larry Seidler. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 CASE NO. 12 -812 Andre L. & Yvette C. Garnier 444 W. Desoto St. Clermont, F134711 LOCATION OF VIOLATION: 444 W. Desoto St., Clermont, FL 34711 VIOLATION: Chapter 34 Sections 34 -61 (2); 2012 IPMC - 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 large accumulation of tree limbs in the rear of the property that have fallen from a tree. Compliance of this violation will be when all of the tree limbs are cleaned and removed from the property. Andre Garnier, 444 W. Desoto St., stated that he cut a branch that was over the neighbor's roof. He stated that it fell off into the garden. He stated that he's been cutting the branch into small sections and getting rid of it. He stated he's just not been able to get rid of the debris quick enough. He stated that he believes he can have the debris cleaned up in 30 days. Yvette Garnier, 444 W. Desoto St., stated that her husband is 86 years old and she feels 4 weeks is not going to be long enough for him to clean up the debris in the heat and his disability. City Attorney Dan Mantzaris stated that Staff's recommendation will be changed to May 15, 2012. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day from May 15, 2012 until complied; seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -814 S.W. Williams, LLC 901 12`" Street Clermont, FL 34711 LOCATION OF VIOLATION 901 12 Street, Clermont, FL 34711 REQUEST: Chapter 14, Section 14 -9 (302.7)(302.4)(302.5)(302.3); IPMC 2012 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 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: Portions of wood fencing around the property remain in a state of disrepair. Panels and boards are missing and /or falling down. (Section 302.7 Accessory Structures). Grass and weeds within the fenced area, and around the perimeter of the property, are in excess of 18 inches: (Section 302.4 Weeds, 302.5 Rodent Harborage). Parking lot is in disrepair, with numerous potholes and unsafe driving areas. (Section 302.3 Sidewalks). Compliance of this violation will be when the following conditions are met: The fence has been repaired so the boards and panels are secure. The grass and weeds are cut below 18 inches, with all clippings cleaned and removed. Repave areas of the driveway and parking area that are in disrepair, including potholes, broken concrete and dangerous areas for vehicle travel. Board Rini asked if each time Ms. O'Shea walked the property, did the owner or representative walk the property with her. Ms. O'Shea stated that if they want to walk the property with her, they can contact her and she will walk the property with them but so far she has done her own inspections without anyone from the company walking with her. David McKay, 901 12`" St., stated "that he has been at this location since 1977. He stated that they are repairing the stockade fence constantly. He stated that the large trucks turn around in their parking lot that tears up the pavement. He stated that he has contacted several contractors to come repair the parking lot. He stated that it is costly. He stated that they are trying to see what the company can do themselves to repair the parking lot. He stated that they are speculating putting a gate up to keep the large trucks out of their parking lot. He stated that 60 days should give him enough time to meet compliance. Ken Forte arrived at 8:02 Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day from June 19, 2012 until complied; seconded by Larry Seidler. 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 S.L. Medical Arts, Ctr., Oakley Seaver Blvd. Clermont, F134711 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 LOCATION OF VIOLATION: S.L. Medical Arts, Ctr., Oakley Seaver Blvd., Clermont, FL 34711 REQUEST: Request for Amendment to Order City Attorney Dan Mantzaris stated that this case was before the Board in January. He stated that when the order was transcribed it did not include a reference code section 118 -35, so they are requesting an amendment to the order to include the referenced section. Jimmy Crawford, 1635 E. Highway 50, stated that he agrees with the amendment. He stated that they do believe they are in compliance as far as the weed issue. Alfred Mannella made a motion to allow the amendment of the order; seconded by Ken Forte. The vote was unanimous in favor of the amendment of the order. CASE NO. 10 -620 & 10 -621 Sam Allison (New Owner) Jerry D. & Jeanne C. Walls 400 E. Hwy. 50 Clermont, FL 34711 LOCATION OF VIOLATION: 400 E. Hwy. 50, Clermont, FL 34711 REQUEST: Request for Forgiveness City Attorney Dan Mantzaris introduced the case. Sam Allison, 12945 Pineapple Place, stated that the property is in compliance and they request forgiveness of the fine. Tom Gorgone made a motion to forgive of the fine; seconded by Chandra Myers. The vote was unanimous in favor of the forgiveness. CASE NO. 11 -781 Blank, Rome LLP\ (On Behalf of Bank of America) Craig & Melissa Post 278 East Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 628 W. Minneola Ave., Clermont, FL 34711 REQUEST: Reduction of Fine City Attorney Dan Mantzaris introduced the case. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 The Respondent was not present. Tom Gorgone made a motion to reduce the fine from $9000 to $500 to be paid in 30 days; seconded by Alfred Mannella. The vote was unanimous in favor of the fine reduction. Code Enforcement Valerie Fuchs stated that she has a conflict for the June 19, 2012 meeting date so she is requesting to change the meeting date to June 27, 2012. Chairman Dave Holt asked about the status for the request of the appreciation letters from Jim Purvis. • City Attorney Dan Mantzaris stated that the City is drafting a letter for the Mayor to sign. He stated that in April there is a volunteer week or month so they will be drafting a Resolution to recognize all the volunteers of the city and community. Chairman Dave Holt stated that he thinks that is a great idea, however he feels that Mr. Purvis would have wanted a smaller process for the Code Enforcement Board and to be done sooner. City Planner Jim Hitt thanks the Board for what they do and they can call or email if they have any questions at anytime. There being no further business, the meeting was adjourned at 8:22 p.m. Y14 Alfre ' annella, Vice - Chairman Attest: Rae Chidlow, Code Enforcement Clerk 6