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02-19-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 19, 2013 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members Ken Forte, Alfred Mannella, Larry Seidler, Chandra Myers, and Thomas Gorgone. Also attending were Barbara Hollerand, Planning & 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, Administrative Assistant. The Pledge of Allegiance was recited. Planning and Zoning Director Barbara Hollerand introduced herself to the Board. The minutes from the Code Enforcement Board meeting of January 15, 2013 were approved as amended. 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. CASE NO. 12-816 Jean A. &Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 624 Prince Edward Ave., Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. Wayne Vaughn, 1500 Sunset Blvd., stated that he is the owner of W. T. Holdings which is the company that purchased the property at 624 Prince Edward Ave. He stated that he had to clear some issues with the IRS that involved the property. He stated that the settlement with the IRS was dealt with and he was able to work on the property to bnng the property into compliance. He stated that he is asking for full forgiveness of the fine. Ken Forte made a motion for full forgiveness of the fine; seconded by Chandra Myers. The vote was unanimous in favor offorgiveness of the fine. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 CASE NO. 13-920 Pulte Home Corporation Verde Ridge Subdivision Clermont, FL 34711 LOCATION OF VIOLATION: Verde Ridge Subdivision, Clermont, FL 34711 VIOLATION: Chapter 54, Section 54-1, Obstructions on Streets or Sidewalks; Chapter 122, Section 122-341, Accessory uses and Structures; Chapter 50, Section 50-31, Franchise Agreement Required 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 the following conditions that exist at multiple locations in Verde Ridge subdivision: A port-a-let is located in the right-of-way and tipped over onto its side, at Dagama/Inca Ave. (Sec. 54-1 Placing articles or obstructions on streets or sidewalks; notice to remove). Dumpsters are being placed in the right-of-way, in addition to being stored on vacant lots and being used by resident for their personal garbage. Dumpsters are also being stored on the cul-de-sac of Pico Place. (Sec. 54-1 Placing articles or obstructions on streets or sidewalks; notice to remove, Sec. 122-341. - Accessory uses and structures). Failure to obtain a collection franchise agreement for "RSI" (Russo & Son Inc) (Sec. 50-31. - By city (franchise agreement required). Compliance of this violation will be when the premises have met the following: Port-a-lets are to be placed only on active,permitted construction sites, and should not be placed on any sidewalk, right-of-way, near any storm drain, or on vacant lots. Dumpsters are not to be placed in the right-of-way, or on any vacant property that does not have an active permit for construction. RSI must either obtain a franchise agreement with the City of Clermont for the collection of refuse within the City of Clermont or permanently remove all dumpster containers. Board member Larry Seidler asked if Pulte Homes was in compliance with all the violations with the exception of Section 50-31. Ms. O'Shea stated that yes they are in full compliance other than Section 50-31. Josh Young, 8627 Bayview Ct., Orlando, stated that he is the area construction manager for the North Florida Division for Pulte Home. He stated that they want to be 100% in compliance with all codes. He stated that Mr. Russo did recently purchase the company that is labeled on the containers and he currently has a franchise agreement with the city with his original company. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 He stated that he appreciates the thirty days to allow them the time to get the franchise agreement. City Attorney Dan Mantzaris stated that the containers will have to be in the name that is on the franchise agreement. He stated that the other option is to amend the franchise agreement to add the name of the business that is currently labeled on the containers. Board member Tom Gorgone asked if it is customary for the hauler to drop the containers onto the right of way. He stated that the containers being in the right of way, especially black containers, are a safety issue especially after dark. He stated that the port a potty that is tipped over is also a public safety and health issue. Mr. Young stated that they are changing the type of containers they will be using so they will no longer be placed in the right of way. He stated that they are finding out that the kids in the neighborhood are knocking over the port a potties. Alfred Mannella made a motion to find the Respondent in violation of Chapter 54, Section 54-1, Placing articles or obstructions on streets or sidewalks; notice to remove; Chapter 122, Section 122-341, Accessory uses and structures; with no fine to be assessed at this time. To find the Respondent in violation of Chapter 50, Section 50-31, By city (franchise agreement required), with a fine of$250 per day for every day in violation past March 19, 2013; seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. 1 CASE NO..13-919 Thomas V. Izzo &Marisa E. Izzo 213 Pleasant Hill Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 213 Pleasant Hill Dr., Clermont, FL 34711 VIOLATION: Chapter 62,-Section 62-33; Unlawful Truck& Trailer Parking 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 large commercial truck parked at the residence. The truck was observed parked overnight at the residence from Sunday August 5th to Monday August 6`h. Compliance of this violation will be when the above referenced truck has 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 , been permanently removed from the property, including the roadway, and properly stored at an off-site location. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with no fine to be accessed at this time; seconded by Chandra Myers The vote was unanimous in favor of finding the Respondent in violation with no fine CASE NO. 13-922 - Thomas Luyando 1036 Glenraven Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1036 Glenraven Lane, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71, Minimum Tree Requirement 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 removal (without replacement) of 3 required canopy trees on the subject property. Each parcel of residential property must have 3 canopy trees. Compliance of this violation will be when 3 canopy trees from the preferred tree list are planted or a variance approved by the City Council. Trees must be from the approved, canopy tree list, must be 12 feet tall and have a trunk diameter of 3 inches upon planting. Palm trees are not considered canopy trees. Ken Forte made a motion to find the Respondent in violation of Chapter 118, Section 118-71, Minimum Tree Requirements, with amount of fine of$50.00 per day for every day the violation exists past April 16, 2013, seconded by Alfred Mannella The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 13-925 Lakeview Pointe HOA Retention area at the end of North Jack's Lake Rd. Clermont, FL 34711 LOCATION OF VIOLATION: Retention area at the end of North Jack's Lake Rd., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.2), Grading&Drainage 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 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 following conditions: There is a large amount of sediment that is running off of the property, into the city's lift station. (Section 302.2 Grading & Drainage). Compliance of this violation will be when the premise has met the following conditions: Restabilize and resod affected areas of the slope to prevent the erosion of soils. It may be necessary to seek professional advice from a private civil engineer to assess the integrity of the slope, and establish a more suitable, long-term solution. Any alterations to the slope or to the property may require pre-approval from the City of Clermont Engineering Department. Please contact them with any questions you may have regarding this. (352) 241- 7336. Board member Alfred Mannella asked who the developer was. Ms. O'Shea stated that she does not know who the developer was. Board member Ken Forte stated that the Respondent may need sixty days to obtain the permit and complete the retaining wall. City Attorney Dan Mantzaris stated that staff feels thirty days is enough time for the work to be completed and the property manager is in agreement with the thirty days. Tom Gorgone made a motion to find the Respondent in violation of Chapter 14, Section 14-9, IPMC (Section 302.2); with a fine of$250.00 per day for every day the violation exists past March 19, 2013; seconded by Chandra Myers The vote was unanimous in favor of finding the Respondent in violation with the fine and date. Ken Forte nominated Dave Holt for Chairman; seconded by Tom Gorgone. The vote was unanimous for Dave Holt to be Chairman. Tom Gorgone nominated Chandra Myers for Vice-Chair; seconded by Larry Seidler. The vote was unanimous for Chandra Myers to be Vice-Chair. Chairman Dave Holt stated that there seems to be issues about the Developers of Home Owner Associations being responsible for the violations when-the property is owned by the Home Owner Association. He stated that it is required that the property owner be responsible for the violations regardless of the entity. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 Ken Forte urged the City to change the tree ordinance pertaining to pruning, topping, and shaping of the trees. Barbara Hollerand stated that city staff is looking at the tree ordinance and alternatives for the tree ordinance. Alfred Mannella stated that there are two HOAs that are 55+ communities. He stated that the three canopy trees on the smaller lots in these communities are causing an issue with the sewer systems, large vehicles driving down the street, and the lighting. Ms. Hollerand stated that this is another area of the code of ordinance that the city g is,looking to make changes to. She stated that they are looking at practical applications and flexibility with the tree ordinance. Tom Gorgone showed a document produced by the city in reference to the pruning and topping of trees. He stated that he would not like to see trees pruned in these manners in his neighborhood. He stated that the trees will never recover from the severe pruning. He stated that along with having leniency towards the Respondent, you also need to take in consideration the complaints of the neighbors. Chairman Dave Holt reminded the Code Enforcement Board that the meetings will begin at 6:00 pm. starting in March 2013. There being no further business, the meeting was adjourned at 8:27 p.m. Dave Holt, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 6