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04-17-2012 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 17, 2012 at 7:01 p.m. Members attending were Vice - Chairman Alfred Mannella, along with Board members Larry Seidler, Bill Rini, Ken Forte, Chandra Myers, and Thomas Gorgone. 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, Admimstrative Assistant. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of March 20, 2012 were approved as written. The minutes from the Code Enforcement Board Workshop of March 20, 2012 were approved as amended. Code Enforcement Vice - Chairman Alfred Mannella 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 Alfred Mannella gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12 -826 has come into compliance and will not be heard. CASE NO. 12 -819 GCCFC 2007/GG9 Oakley Seaver, LLC c/o LNR, LLC; Attn: Urosh Tomovich 1200 Oakley Seaver Dr., Suite 111 Clermont, F134711 LOCATION OF VIOLATION: 1200 Oakley Seaver Dr., Suite 111, Clermont, FL 34711 VIOLATION: Chapter 102 Sections 102 -22; Vehicle Used as a Sign 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 recurring parking of the business' van as a 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 sign. The business is located at the north most end of the Oakley Seaver Plaza, but the vehicle is being parked towards the south side, approximately 380 feet away from the business, towards Hwy 50. Compliance of this violation will be when all vehicles displaying any type of signage for The Cycling Hub are not being displayed as a sign. If all parking near the store is unavailable, additional parking exists in suitable areas around the plaza for parking company vehicles. Bryan Davis, 1865 Mariposa Way, stated that they have been contacted by Suzanne for this issue before. He stated that vehicle has been in various positions within the plaza complex for the past seven years. He stated that it wasn't until the past twelve months that they have been notified and cited because of the position of the vehicle. He stated the vehicle has been in the position for no less than six months with no notice prior to this. He stated that in the lease agreement with the plaza they are required to park their company vehicles and employee's vehicles in the outer parking spaces, allowing customers to have the closer parking spaces. He stated that if he wanted to use the vehicle as a sign he would park it near Highway 50. He stated that it is 370 feet from his business. He stated that with the trees and other signage on the outer areas of the plaza the vehicle is obstructed from being seen. He stated that he does not feel he should be dictated where within the plaza he should park his company vehicle. Harold Warren, Property Manager for Oakley Seaver Plaza, stated that this violation was forwarded to him recently. He stated that he agrees with Mr. Davis that it is required the tenants and employees to park on the outer parking areas so that the customers can have the closer parking spaces. Board member Rini asked if there are a required number of parking spaces for each tenant. Mr. Warren stated that there is not any assigned parking for each tenant. Board member Rini asked how many handicap spaces there were. Mr. Warren stated that he was not sure how many handicap spaces there were. Board member Seidler asked how many tenants were in this building. Mr. Warren stated that there are multiple tenants within the plaza. Board member Forte stated that he agrees with Mr. Davis. He stated that if the ordinance does not state how many feet the vehicle has to be parked from business, then he cannot vote to issue a violation on this issue. City attorney Dan Mantzaris read the code and warned that this is not the only tenant and if voted against the code it can cause a wide spread issue. Vice -Chair Mannella stated that the tenants have signs on their businesses and the provisions pertaining to the signs on vehicles are very difficult to decide on. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 Board member Forte stated that he accepts the business man's argument that he chooses not to park up front to take away from his customers. He stated that he feels the ordinance needs to be updated. Board member Gorgone stated that what is relevant is whether there is a violation of the City's code and whether the Staff has proved beyond a reasonable doubt that the vehicle is parked driverless for an extended period of time and positioned so far away from the business as to appear as an advertisement. He stated that he feels the Staff has met the burden of proof. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with no fine accessed; seconded by Larry Seidler. The vote was 4 -2 in favor of finding the Respondent in violation with no fine, with Board members Forte and Rini opposing. CASE NO. 12 -820 Shradhahand & Vedyawatie Samaru 4765 Barbados Loop Clermont, FL 34711 LOCATION OF VIOLATION: 4765 Barbados Loop, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118 -35; Severe Pruning of Required Trees 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 required trees. Pruning is not in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Compliance of this violation will be when a permit to remove all 3 damaged trees is granted, the trees removed, and new trees installed. Shradhahand Samaru, 4765 Barbados Loop, showed pictures of the trees with new growth. Board member Chandra Myers asked Mr. Samaru what date he took the pictures. Mr. Samaru stated that the pictures were taken on Sunday, April 15, 2012. Board member Gorgone asked who pruned the trees. Mr. Samaru stated that he pruned the trees himself. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 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 June 19, 2012 until complied, seconded by Bill Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine and date CASE NO. 12 -830 First Church of the Nazarene of Clermont, Inc. 101 N. Grand Highway Clermont, Fl 34711 LOCATION OF VIOLATION: 101 N. Grand Highway, Clermont, FL 34711 VIOLATION: Chapter 118, Sections 118 -35; 118 -36; Chapter 34, Section 34 -61 (1) 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 required landscaping around the property. There are dead/missing hedges, and trees that have not been replaced. The vacant lots adjacent to the church are excessively overgrown with grass and weeds in excess of 18 inches. 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. Remove all dead plant material. Replace hedges around the perimeter of the property, as to the enclosed landscape plan. They must be planted two feet in height and 30 inches apart on center, and FL Grade 1 quality. There are missing canopy trees located on the outside perimeter and interior of the property. They must be planted at 12 feet in height with a 6 foot spread, and FL Grade 1 quality. Mow all grass /weeds in excess of 18 inches, and remove debris from the property. Board member Bill Rini asked how old the church was. Ms. O'Shea stated that the vacant lot dates back to 1978 and the sale of the church was 1984. Board member Ken Forte stated that he did not see any trees so he wondered why the trees had to be replaced. Ms. O'Shea stated that they were planted, they died and they have not been replaced. Doug Lane, 1614 Presidio Dr., stated that a lot has changed on that property since the Church has been there. He stated that when the Publix Plaza was put in the road and intersection was 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 redone. He stated that during that process they lost some trees and moving power pole. He stated that the lowest line is about 14' high so every now and then the power company has the trees pruned. He stated that their intention is to come into full compliance. He stated that he needs at least sixty days. Board member Tom Gorgone stated that he would allow 60 days for Mr. Lane to meet with Staff to come up with a landscape plan and to report to the Board what the plan is to meet compliance. Board member Rini asked about the trees in the nght -of -way. Mr. Lane stated that the landscape plan was done in 1997 and the utilities were not located there at that time. He stated that the poles were moved when they realigned the road so the power lines were placed near the trees. Mr. Mantzaris stated that the Respondent has stated that they intend to comply and he would ask that the Respondent not be brought back before the Board at a later date. He stated that they can be given two or three months to allow the compliance. Board member Forte stated that they should vote on the matter, he does not want them to come back before the Board. He stated that he can understand that the Respondent is a Church and they will need to raise the money to allow them to purchase trees, so he would suggest giving them four months to comply. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day from August 21, 2012 until complied; seconded by Tom Gorgone. Tom Gorgone requested to amend the motion to find the Respondent in violation of the cited Citv code with a fine of $100 per day from July 19, 2012 until complied; Alfred Mannella seconded. The vote was 5 -1 in favor of the amendment with Board member Forte opposing. The vote on the amended motion for a fine of $100 per day from July 19, 2012 until complied was unanimous. CASE NO. 09-504 Clermont Motor Lodge The First National Bank of Mount Dora (Trustee) 1320 US Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION 1320 US Highway 27, Clermont, FL 34711 REQUEST: Request for Extension City Attorney Dan Mantzaris introduced the case. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 The Respondent was present. Dell Potter stated that they had a contract and the buyer did their due diligence and the buyer determined that they would have to construct a retention area. He stated that the buyer backed out of the contract. He stated that they now have a new contract for less money so that they buyer will have the money to construct the retention pond. He stated that they are now going back through the process for the approval of the contract. He stated that they are hoping to have the contract completed in ninety days. Mr. Mantzaris stated that Staff recognizes that it was going to take a long time to get to where they are at now due to the economical issues. He stated that the Respondent has done everything the City has asked them to. He stated that the issue will not get complied with having a lien on the property so the best way to resolve this is to allow more time. He stated that ninety days should allow them efficient time to reach an agreement and close on the property. Tom Gorgone made a motion to extend the compliance date to July 17, 2012; seconded by Larry Seidler. The vote was unanimous in favor for the extension. CASE NO. 12 -816 Jean A. Edwards & Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 624 Prince Edward Ave., Clermont, FL 34711 REPEAT VIOLATION: Chapter 14, Section 14 -9; IMPC 2012 (302.4, 302.5, 303.1, 302.1, 108.1.3, 305.1, 308.1, 304.2, 304.7, 302.7) City Attorney Dan Mantzaris introduced the case. The Respondent was not 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: There is high grass and weeds in excess of 18 inches around the property. here is excessive underbrush around trees. (Section 302.4 Weeds) (Section 302.5 Rodent Harborage). In the rear of the residence the pool is green and stagnant, and has become a breeding ground for mosquitoes and other insects. (Section 303.1 Swimming Pools). There is no water service to the residence. There is an extreme foul odor emitting from the residence. The interior of the residence is filled with garbage, debris, clutter, and miscellaneous items. The ceilings appear to have water damage and be leaking. (Section 302.1 Sanitation) (Sectionl 08.1.3 Structure Unfit for Human Occupancy) (Section 305.1 General). There is miscellaneous refuse such as pots, 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 buckets, cups, etc scattered around the front, side, and rear of the residence. (Section 307.1 Accumulation of garbage and rubbish). There are broken exterior windows. (Section 304.2 Protective treatment). There are large holes in the soffits, permitting animals and weather to enter. (Section 304.7 Roofs and drainage). The wood fence around the property is in disrepair, with boards missing and falling off. (Section 302.7 Accessory Structures). Action required to correct violations: Mow all grass and weeds on the property in excess of 18 inches, including to the street right -of- way. Clean all underbrush from trees, and around the general premises. Drain the pool of all water and secure a cover, or chemically treat the pool so that there is no longer green, stagnant water. Remove all items /garbage /rugs etc. from the interior of the residence that is the cause of the foul odor. Clean/disinfect the interior to permanently remove the odor. Determine the cause of the leaks and make all necessary repairs, obtaining required permits if necessary. Remove all general clutter, debris and garbage from around the residence. Repair broken window glass. Repair the soffits around the house. Repair the fence so that all boards are secure and fit properly in place. Tom Gorgone made a motion to find the Respondent in violation of the cited City code and to find the property a concern for the general health, safety and welfare of the public with a fine of $500 per day from March 9, 2012 until complied; seconded by Bill Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12 -817 Tiproel, LLC Vacant Bloxam Ave. lot at Pitt St. Clermont, Fl 34711 LOCATION OF VIOLATION: Vacant Bloxam Ave. lot at Pitt St., Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34 -61 (1)(2); Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not 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 property being overgrown with grass and weeds, in addition to the refuse located on the property consisting of branches, garbage, and miscellaneous debris. Compliance of this violation will be when the premise meets the following conditions: All debris /garbage, dead branches etc. removed from the entire property, and the nght -of -way. Mow/bush -hog 50 ft in from all sides of the property, and remove all cut vegetation from the property. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day for 17 days it was not in compliance for $1 700; seconded by Bill Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine. CASE NO. 12 -818 Miguel Mosquera 2494 Holly Berry Circle Clermont, FL 34711 LOCATION OF VIOLATION: 2494 Holly Berry Circle, Clermont, FL 34711 VIOLATION: Chapter 62, Section 62 -33 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 parking of a commercial truck at your residence. This is the 3 occurrence of this violation since April 2011. Compliance of this violation will be when the truck is no longer parked in the subdivision. Chandra Myers made a motion to find the Respondent in violation of the cited City code with no fine accessed; seconded by Tom Gorgone. The vote was unanimous in favor of finding the Respondent in violation with no fine. CASE NO. 12 -828 Harvey A. Rosenberg 1727 Chickadee Way Clermont, FL 34711 LOCATION OF VIOLATION: 1727 Chickadee Way, Clermont, FL 34711 VIOLATION: Chapter 66, Section 66 -221 & 66 -220 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 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD APRIL 17, 2012 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 continued violation of the mandatory watering restrictions put in place by ordinance and the St. Johns Water Management District. In addition, a fine of $50 for a previous violation has not yet been remitted. Compliance of this violation will be when the fine is paid; automatic irrigation occurs only on permitted days and no future violations occur within 1 year. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $50 to pay the fine within five days or a lien be placed on the property; seconded by Larry Seidler. The vote was unanimous in favor of finding the Respondent in violation with no fine. Board member Tom Gorgone requested a Workshop prior to May 15, 2012 Code Enforcement Meeting. Vice -Chair Alfred Mannella agreed that it is a good idea to hold another Workshop. There being no further business, the meeting was adjourned at 9:01 p.m. ___CItAXig I1ACi 0 Dave Holt, C airman Attest: Rae Chidlow, Code Enforcement Clerk 9