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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 1 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. 2 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. 3 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 4 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 5 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 6