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11-28-2012 -- -- --- CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 28, 2012 The regular meeting of the Code Enforcement Board was called to order on Wednesday, November 28, 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 October 16, 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 Mantzaris stated that Case No. 12-896 and 12-901 have come into compliance and will not be heard. He stated that Case No. 12-903 is under new ownership and the City will have to recite the new owners if the property is not brought into compliance in a reasonable amount of time. CASE NO. 12-895 Wayne Thomas 214 2nd Street Clermont, Fl 34711 LOCATION OF VIOLATION: 214 2nd St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 604.3, 504.3, 304.1.1, 304.2, 304.6, 302.1, 302.3, 302.4, 302.3, 704.2, 603.1, 304.14, 304.13.2, 304.15, and 403.5; Property Maintenance City Attorney Dan Mantzans introduced the case. The p was Respondent present. P 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: In the bottom storage area located in the rear of the building, there are numerous violations with regard to the plumbing and electrical, in addition to possible structural violations. (Section 604.3 Electrical System Hazards, 504.3 Plumbing system Hazards, 304.1.1 (1) Unsafe Conditions) Exterior surfaces are not intact, peeling paint around windows,holes in 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 28, 2012 building, and areas that are not fully weather resistant. (Section 304.2 Protective Treatment, Section 304.6 Exterior Walls) Miscellaneous debris around the outside the property. Items include, but are not limited to: cans, buckets, various kids' toys, etc. (Section 302.1 Sanitation) There are no address numbers on the buildings. (Section 302.3 Premises Identification) Weeds in excess of 18 inches (Section 302.4 Weeds) Driveway has potholes. (Section 302.3 Sidewalks) Smoke alarms were not functional in the rear, bottom floor apartment. (Section 704.2 Smoke Alarms) Stove not functional in the rear, bottom floor apartment. (Section 603.1 Mechanical Appliances) Insect screens are not tight fitting, have holes, and are missing. (Section 304.14 Insect Screens). Windows in the rear, bottom floor apartment, do not have necessary hardware and do not easily open or stay in a fixed position (Section 304.13.2 Openable Window) The front door in the rear, bottom floor apartment, is not air tight. Insects and weather conditions are able to enter into the residence. (Section 304.15 Doors) The dryer exhaust in the rear, bottom floor apartment, is not routed properly. It cannot be routed into the space underneath the building. (Section 403.5 Clothes Dryer Exhaust). Compliance of this violation will be when the following conditions are met in entirety: Regarding the bottom floor, rear storage area, it is required that a Certified Contractor assess unpermitted work and unsafe conditions that currently exist. They will be required to submit a scope of work to the zoning department, and obtain all required permits, and after the fact permits, to bring violations into compliance. All exterior surfaces that are not intact, all peeling paint around windows, and holes in building, are repaired and sealed to be weather tight and air tight. Miscellaneous debris located around the outside the property must be removed and stored in an appropriate location. Address numbers must be placed on all buildings, as required by code. Mow all high weeds in excess of 18 inches. Repair all potholes in the driveway. All smoke alarms are to be functional Stove is to be functional. Repair or replace all insect screens that are not tight fitting, have holes, and are missing in windows. Replace all window hardware that is missing, or in disrepair. The front door is not air tight. Insects and weather conditions are able to enter into the residence. Properly reroute the dryer exhaust, and obtain all required permits if necessary. Wayne Thomas, 1106 Doris St., Altamonte Springs, stated that the Building Official Mark Grenier came out to inspect the property. He stated that Mark told him what he needs to do to bring the property up to code. He stated that the only major problem Mark found was the roof. He stated that he knows there are issues with the property. Chairman Dave Holt asked Mr. Thomas if he agrees that he has 14 violations on the property. Mr. Thomas states that he agrees they are all violations. Chairman Dave Holt asked if he had a plan to correct the violations. Mr. Thomas stated that he has been working with the bank to secure funds and he plans to have the whole building repaired by end of February. He stated that once the renovations are complete he plans to rent to only over 65 of age to have better tenants. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 28, 2012 Chairman Dave Holt stated that once the 14 violations are corrected then it is up to the Respondent as to who they rent to. Board member Tom Gorgone asked if the garage area had garage doors on it to secure that area. Mr. Thomas stated that there were not any garage doors but if he needed to secure the garage he would do that. Board member Bill Rini asked if the roof has been repaired. Mr. Thomas stated that he has to come up with some engineering to repair the roof. Board member Larry Seidler asked if the Respondent needed to secure funds in order to bring the property into compliance. Mr. Thomas stated that he has been working with the bank. City Attorney Dan Mantzans asked if the property was in foreclosure. Mr. Thomas stated that his brother sent money to the bank to bnng the property out of foreclosure process. Mary Ellen Tucker, 241 Orange Ave., she stated that they have lived at this location for 35 years and until 2003 has never had any problems with this property that is next door to their home. She stated that since 2003 they have seen a decline in the visual appearance of both structures on this property. She stated that she has had to pick up trash that has either been purposely thrown on their property or due to minimal upkeep the trash has found its way onto their property. She stated that they have had to call the police concerning various issues with the tenants regarding disturbances of the peace during the day and night. She stated that the structure that is closest to 2nd St. encroaches upon their property. She stated that this structure is unsafe and threatens her property. She stated that while this property is in foreclosure they do not give permission for any tenants or anyone to utilize the driveway that is on her property. City Attorney Dan Mantzaris stated that the City strongly objects to any extension of time to allow the Respondent more time to come into compliance due to the amount of notice he's had on this issue. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of$250 per day and to declare this property a serious threat to the public health, safety and welfare. The fine will begin December 18, 2012 until complied; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 28, 2012 CASE NO. 12-907 John C. Adkins 2465 Prairie Dunes Clermont, Fl 34711 LOCATION OF VIOLATION: 2465 Prairie Dunes, Clermont, FL 34711 VIOLATION: Chapter 14, Section 303.1 and 303.2; Unsanitary Pool 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: A panel of the pool screen is missing, posing a safety hazard. The pool is green and unsanitary, becoming a breeding ground for mosquitoes. (Section 303.2 Pool Enclosures) (Section 303.1 Swimming Pools). Compliance of this violation will be when the missing pool screen is replaced with some type of protective barrier so no one can gain entry into the pool area. Chemically treat the pool or drain and cover the pool, so that pool is clean and eliminates all mosquitoes. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of$250 per day and to declare this property a serious threat to the public health, safety and Welfare. The fine will begin December 18, 2012 until complied; seconded by Bill Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. City Attorney Dan Mantzaris asked the Board members if they would be willing to move the meeting time to 6:00 pm rather than 7:00 pm. He stated that if the Board members could email City staff about their feedback. There being no further business, the meeting was adjourned at 8:07 p.m. 6)/4*5CA--- Dave Holt, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 4 6