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10-16-2012 3 � CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 16, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 16, 2012 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members Alfred Mannella, Ken Forte, Larry Seidler, Bill Rini, Chandra Myers, and Thomas Gorgone. Also attending were 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 September 18, 2012 were approved as amended. Tom Gorgone made a motion to move the November Code meeting to November 29, 2012, seconded by Chandra Myers. The vote was unanimous to accept the date for the November meeting 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 EnforcementStaff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12-892 has come into compliance and will not be heard. CASE NO. 09-504 Clermont Motor Lodge Rick Thompson 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 stated that there has been a change of ownership on this property so the new property owner will have a reasonable amount of time to bring the property into compliance before they will be brought before the Board., 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 16, 2012 CASE NO. 12-886 Tuscany Ridge Land Group, LLC Tuscany Ridge Clermont, Fl 34711 LOCATION OF VIOLATION: Tuscany Ridge, 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 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 weeds around utility structures, utility boxes, along the curb and along the streets (especially around storm drains) have been removed, tnmmed and/or mowed. Sandra Lawson, 10131 Tween Waters St., stated that she is representing the property owner who is in England. She stated that he bought it when the market was bad to help the builder. She stated that there is a dispute over how often the property needs to be mowed. She stated that they are speaking to builders who are interested in purchasing some lots to build on but for now it costs them about $1400 each time they mow. She stated that it has been a bad economy but they will try to get on a mowing schedule to keep the property maintained. Ken Forte 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 unanimous in favor of finding the Respondent in violation CASE NO. 12-890 Nelson B. & Lucy Ruiz 686 Winding Lake Dr. Clermont, Fl 34711 LOCATION OF VIOLATION: 686 Winding Lake Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 —Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was present. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 16, 2012 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 Oak tree located in the front yard of the property that was severely over-pruned, in which the entire top of the tree was removed. Compliance of this violation will be when the following is completed in its entirety: Plant one tree that meets at least the following criteria: Preferred canopy tree, a minimum of 12 feet in height immediately after planting, a minimum of 6 foot spread, a minimum of 3 inch caliper, 65 gallon container, FL Grade 1 or better. A tree removal permit must be submitted prior to removal. Contact the zoning department for requirements and fees. Chairman Dave Holt asked how someone would acquire a tree removal permit and what the cost is. Ms. O'Shea stated that the person would have to come to the Planning and Zoning Department to fill out the tree removal permit. She stated that the cost is $25, however if the permit is acquired after the removal of the tree, then the cost is $100. Board member Bill Rini asked if the stump would have to be removed. Ms. O'Shea stated that the stump does not have to be removed and it's up to the Respondent if they want to remove the stump. Nelson Ruiz, 686 Winding Lake Dr., stated that he did not know that they could not top the tree. He removed the tree once they received the letter and didn't know he had to have a permit. He stated that he would like more time to replace the tree due to cost of trees. Board member Chandra Myers stated that typically with these types of cases they have allowed the Respondent three months to come into compliance and she suggests allowing the compliance date to be January 15, 2013. Chandra Myers made a motion to find the Respondent in violation of the cited City code with a fine of$100 per day from January 15, 2013 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. 12-877 Kings Ridge Professional Centre, LLC Kings Ridge Professional Centre Clermont, Fl 34711 LOCATION OF VIOLATION: Kings Ridge Professional Centre, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)—Unlawful Maintenance of Nuisances 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 16, 2012 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 overgrowth of weeds on the subject properties. Compliance of this violation will be when the property is evenly mowed, tnmmed, and edged (where necessary). Bill Rini made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day from November 29, 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. 12-887 Church at South Lake 268 Mohawk Rd. Clermont, Fl 34711 LOCATION OF VIOLATION: 268 Mohawk Rd., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (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 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. Bill Rini made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day from November 29, 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. 12-888 James L. Poskitt 181 W. Minnehaha Ave. Clermont, Fl 34711 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 16, 2012 LOCATION OF VIOLATION: 181 W. Minnehaha Ave., Clermont, FL 34711 VIOLATION: IPMC, Chapter 14, Section 303.1; Swimming Pools 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 condition of the pool. Compliance of this violation will be when the pool is either (1) drained and treated to prevent pest infestation, (2) covered and treated, or(3)brought up to sanitary pool standards. Alfred Mannella made a motion to find the Respondent in violation of the cited City code and find the property a serious threat to the general health, safety, and welfare of the public, with a fine of$50 per day from October 17, 2012 until complied; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 12-893 John Carmen& Melissa Wynn 660 Winding Lake Dr. Clermont, Fl 34711 LOCATION OF VIOLATION: 660 Winding Lake Dr., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)—Unlawful Maintenance of Nuisances City Attorney Dan Mantzans 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 following conditions that exist on the property: Excessive overgrowth of tall grass and weeds in excess of 18 inches, on the property and in the right of ways. Compliance of this violation will be when the following conditions are met: The property is cleared of all weeds and grass, including to the street right of way, below of 18 inches. The curbs should also be cleared of all grass overflowing into the road. Larry Seidler made a motion to find the Respondent in violation of the cited City code with no fine assessed at this time; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation. 5 h CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 16, 2012 CASE NO. 12-894 Wayne Thomas 214 2nd Street Clermont, Fl 34711 LOCATION OF VIOLATION: 214 2nd St., Clermont, FL 34711 VIOLATION: Chapter 14-9, Sections 108.1.1 and 109.1; Unsafe Structures, Imminent Danger 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 International Property Maintenance Code 2012, City of Clermont Code of Ordinances, due to the following: Upon inspection of two bottom floor units, the ceilings appeared extremely hazardous, and a danger to the occupants of the building. The ceilings are in danger of falling in, due to the water that has accumulated in the ceilings from the units above. The property is considered an "Unsafe Structure" due to the potential collapse of the ceilings. The property will be posted "Unsafe," by order of the Building Official for the City of Clermont. (Section 108.1.1 —Unsafe Structures, Section 109.1 Imminent Danger). Compliance of this violation will be when the following conditions are met in entirety: The entire property must be vacated before October 1, 2012. There must be no access to the property by anyone, until a Certified Contractor is hired to access the damage to the building, and permits are secured for repair. The property must be sufficiently secured, so there is no unauthorized entry. Ken Forte made a motion to find the Respondent in violation of the cited City code and find the property a serious threat to the general health, safety, and welfare of the public, with a fine of $250 per day from October 17, 2012 until complied; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. There being no further business, the meeting was adjourned at 8:30 p.m. k0)4s*CS4--- Dave Holt, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 6