09-18-2012 CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 18, 2012
The regular meeting of the Code Enforcement Board was called to order on Tuesday, September
18, 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 August 21, 2012 were approved.
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 Mantzans stated that Case No. 12-876 has requested to continue this case to
the November meeting.
Board member Tom Gorgone moved to continue Case 'No. 12-876 to the November meeting;
seconded by Chandra Myers The vote was 6-1 to continue this case, with Board member
Mannella opposing.
City Attorney Dan Mantzaris stated that Case Nos. 12-881 and 12-883 have come into
compliance and will not be heard.
CASE NO. 12-849
David &Dawn Ramnath
1594 Muir Circle
Clermont, FL 34711
LOCATION OF VIOLATION: 1594 Muir Circle, 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 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
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 18, 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 three Oak trees located in the front yard
of the property that were severely over-pruned. Hatracking means to flat-cut the top or sides of a
tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off
mature wood larger than three inches in diameter, or reducing the total circumference of canopy
spread not in conformance with the current National Arborist Association standards. Severely
trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will
substantially reduce the overall size of the tree area so as to destroy the existing symmetrical
appearance or natural shape of the tree in a manner which results in the removal of the main
lateral branches, leaving the trunk of the tree with a stub appearance. Compliance of This
Violation will be when the following is completed in its entirety: Plant three trees, that meet at
least the following cntena: 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, the trees must be replaced in close proximity to the affected tree, and not
elsewhere on the property. If you remove the affected trees, a tree removal permit must be
submitted before removal.
David Ramnath, 1594 Muir Circle, stated that he has not touched the trees since he was before
the Board a couple months ago. He stated that he would do what the Board tells him to do, but he
feels he should at least be allowed to keep the tree that is to the right of the driveway because it
appears to be healthy.
Board member Bill Rini asked if the Respondent did not trim the tree on the right.
Mr. Ramnath stated that he did prune all three trees but the tree on the right has grown back more
than the other two trees have. He stated that he can understand replacing the two trees on the left,
but he feels the one on the right is still healthly.
Board member Alfred Mannella stated that after four months there is substantial growth on all
three trees.
Board member Ken Forte that he typically votes against making the Respondent remove the trees
because he does not see irreputable harm to the tree just because an arborist states that if you cut
it, it will not grow.
Chairman Dave Holt stated that if he lived across the street from this home the two trees on the
left would bother him,but the one on the right would not bother him.
City attorney Dan Mantzaris stated that the city code is written to not allow for topping or
hatracking. He stated that the Board's job is to enforce the code. He stated that staff would
agree that the two trees on the left are more damaged and if they choose to allow the tree to stay
on the right, staff would consider that as a reasonable solution to bring the property into
compliance.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 18, 2012
Bill Rini made a motion to find the Respondent in violation of the cited City code with a fine of
$100 per day from November 20, 2012 until complied for the two trees to the left of the
driveway; seconded by Tom Gorgone.
Board member Tom Gorgone stated that all three trees should be removed. He stated that six to
eight months from now there will be the same issue with the tree on the right if they are not made
to remove it now.
Board member Larry Seidler stated that we are getting ready to go into the dormant stage with
stncter watering restrictions.
Board member Tom Gorgone stated that if the case had been addressed when it first came before
the Board the dormant stage and watering restnctions would not have been an issue. He stated
that the weather and growth pattern does not pertain to the violation.
The vote failed with a 3-4 vote, with Board member Forte, Seidler, Mannella and Gorgone
opposing
Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a
fine of$100 per day from November 20, 2012 until complied. The vote failed due to a lack of a
second
Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a
fine of$100 per day from November 20, 2012 until complied for the two trees to the left of the
driveway, seconded by Chandra Myers. The vote passed with a 4-3 vote, with Board member
Forte, Seidler, and Mannella opposing.
CASE NO. 12-857
Jo-El, LLC
Minneola, Montrose& 10th St.
Clermont, Fl 34711
LOCATION OF VIOLATION: Minneola, Montrose& 10th St., 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.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 18, 2012
Ellis Abide, manager of Jo-El, LLC, stated that he has hired a landscapes guy who started the
project, but then became hospitalized. He stated that the landscaper has since completed the
maintenance of the property. He stated that he is requesting that the fine be forgiven.
Board member Chandra Myers asked if there were any pictures of the property.
Mr. Abide stated that he has pictures on his computer but not with him.
Board member Tom Gorgone asked the Respondent when the violations occurred.
Mr. Abide stated that his violation notices were November 2011 and July 2012.
City attorney Dan Mantzaris stated that the City would recommend a reduction from $25,750 to
$1000.
Board member Ken Forte asked if the Respondent ever came into compliance since the first
violation.
Code Enforcement Officer Suzanne O'Shea stated that the Respondent came into a compliance
after a lapse of time, then went back out of compliance and is now currently in compliance. She
stated that the fines were accrued from both cases.
Ken Forte made a motion to reduce the fine to $1500; seconded by Tom Gorgone. The vote
failed with a 2-5 vote with Myers, Holt, Mannella, Rim and Seidler opposing.
Alfred Mannella made a motion to reduce the fine to $500 paid within 30 days; seconded by
Larry Seidler. The vote was 5-2 vote with Forte and Gorgone opposing.
CASE NO. 12-878
Woody& Wallace Land Development, LLC
Hancock Towne Centre Sub Lot 5
Clermont, Fl 34711
LOCATION OF VIOLATION: Hancock Towne Centre Sub Lot 5, 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
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 18, 2012
of the City of Clermont Code of Ordinances due to the overgrowth of weeds on the subject
property. Compliance of this violation will be when the property is evenly mowed, trimmed, and
edged (where necessary).
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a
fine of$250 per day from November 20, 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. 12-882
Kankoo Enterprises, LLC
Hancock Rd. & E. Highway 50
Clermont, Fl 34711
LOCATION OF VIOLATION: Hancock Rd. & E. Highway 50, 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 repeat 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 and the property
maintained at regular intervals in the future.
Akber Jamal, 3015 Windchime Circle, Apopka, was sworn in. He stated that he bought the
property to put a hotel on years ago but the economy has not been good. He stated that he and
his wife have another business and they both work from early morning to late night. He stated
that he had a heart attack in March so he was not able to mow the property. He stated that he
hired someone to mow the property.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a
fine of$500 per day from August 29, 2012 until complied; seconded by Ken Forte. The vote was
unanimous in favor of finding the Respondent in violation with the fine and date.
CASE NO. 12-884
Bernard Phillips
1056 Glenraven St.
Clermont, Fl 34711
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 18, 2012
LOCATION OF VIOLATION: 1056 Glenraven St., Clermont, FL 34711
VIOLATION: Chapter 66, Section 66-221 & 66-220; Failure to Remit Irrigation Fine,
Violation of Irrigation Schedule
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 continued violation of the mandatory
watering restrictions put in place by ordinance and the St. Johns Water Management District on
June 14, 2012. 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.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code and a
fine of $50.00 payable within 30 days or a lien placed on the property; seconded by Tom
Gorgone. The vote was unanimous in favor of finding the Respondent in violation with the fine
and date.
Chairman Holt brought up rescheduling the November meeting due to it falling on the week of
Thanksgiving.
Board member Ken Forte questioned about speaking about a case once it has been closed.
Code Enforcement attorney Valerie Fuchs stated that the Board can't bring up a case once it has
been closed. She stated that the people that were involved in the case could have left the
building and it can be construed as a closed meeting.
There being no further business, the meeting was adjourned at 8:30 p.m.
Dave Holt, Chairman
Attest:
Rae Chidlow, Code Enforcement Clerk
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