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03-19-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 19, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, March 19, 2013 at 6 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, Yvette Brown, 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 February 19, 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 City Attorney Yvette Brown stated that Case No 13-930 has been removed from the agenda She stated that Case No 13-931 has complied and will not be heard CASE NO. 13-916 Chinnor Corporation 201-301 Bloxam Ave Clermont, FL 34711 P&G Motor Repairs Limited 309-323 Bloxam Ave Clermont, FL 34711 UPDATE: Failure to Prevent Erosion City Attorney Yvette Brown introduced the case The Respondent was present Woodrow Graham, 11215 Oswalt Rd stated that he has hired an engineer and has been in contact with the City's engineer regarding the erosion issue He stated that the civil engineer spoke with the City's engineer to come up with a plan to correct this matter 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 19, 2013 CASE NO. 13-927 David S Fitch 2008 Country Brook Ave Clermont, FL 34711 LOCATION OF VIOLATION: 2008 Country Brook Ave , Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344, Unpermitted Work City Attorney Yvette Brown 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 Unpermitted work completed at the residence, including but not limited to, the deck in the rear of the property, the concrete pavers, the fire pit, the putting green, and any other additional work that has not already been permitted by the City of Clermont Compliance of this violation will be when the following is met in its entirety A full scope of work has been submitted to the Planning & Zoning Department, detailing all work that has already been completed including submittal of all after- the-fact permits and engineered drawings, in addition to paying all required fees David Fitch, 2008 Country Brook Ave , stated that he had an engineer come to his property today He read a letter from the engineer and stated that the engineer can have all drawings requested within fifteen days He stated that the thirty days should be long enough to obtain the permits Ken Forte made a motion to find the Respondent in violation of Chapter 122, Section 122-344, with a fine of$100 00 per day for every day the violation exists past April 16, 2013, seconded by Tom Gorgone The vote was unanimous in favor of finding the Respondent in violation with the fine and date CASE NO. 13-928 Jaipersaud &Gladys G Rajkumar Vacant lot east of 730 E Minneola Ave Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot east of 730 E Minneola Ave , Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302 4, 302 5, 301 3), Extenor Property Maintenance City Attorney Yvette Brown introduced the case 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 19, 2013 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 sections of the international Property Maintenance Code, City of Clermont Code of Ordinances, due to the following High grass and weeds in excess of 18 inches (Section 302 4 Weeds) The property has become a breeding ground for vennm, and poses a hazard for the tenants and neighbors in the adjacent area (Section 302 5 Rodent Harborage) There is miscellaneous debris scattered around the property, including but not limited to branches, buckets, garbage cans, toilets, pipes, concrete, bottles, cans, paper, etc, (Section 301 3 Vacant Structures and Land). Action required to correct violations Mow all grass and weeds, fifty feet in from the west property line, and fifty feet in from the road (see attached aerial) Remove/reduce all thick vegetative overgrowth that is a breeding ground for vermin, fifty feet in from the west property line, and fifty feet in from the road This includes all low lying branches along Minneola Ave that overhang into the right-of- way(see attached aerial) Remove all garbage and debns located on the entire lot Board member Mannella asked if this was an empty lot and how did the debris get on the lot Ms O'Shea stated that yes it's an empty lot and she thinks the debris comes from the apartments next door She stated that probably when someone moves out they just dump their trash onto the empty lot Jaipersaud Rajkumar, 189 S O'Brien, Groveland, stated that this is not the first time he has had to clean up this empty lot He stated that he paid someone to clean up the property and most of it has been done Chairman Holt asked the Respondent if he could have the lot cleaned by April 16th Mr Rajkumar stated that he could have the property cleaned by the April 16`h date Ken Forte made a motion to find the Respondent in violation of Chapter 14, Section 14-9 (302 4, 302 5, 301 3), 1PMC, with a fine of$100 00 per day for ever, day the violation exists past April 16, 2013, seconded by Chandra Myers The vote was unanimous in favor of finding the Respondent in violation with the fine and date CASE NO 13-929 Nationstar Mortgage, LLC 350 Highland Drive Clermont, FL 34711 LOCATION OF VIOLATION• 350 Highland Drive, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (109 1, 108 1 1, 108 1 3, 110 1), Unsafe Structure 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 19, 2013 City Attorney Yvette Brown 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following The building has been deemed unsafe by the City of Clermont Building Official It currently poses a threat to the health, safety, and welfare of anyone who enters the residence The structure has suffered intenor collapse of the ceilings and floors, and extenor collapse of the deck floor and overhang (Section 109 1 Imminent Danger) (Section 108 1 1 Unsafe Structure) (Section 108 1 3 Structure Unfit for Human Occupancy) (Section 110 1 General) Compliance of this violation will be when one of the following conditions is met A demolition permit is obtained at the City of Clermont Planning & Zoning department and complete demolition of the building in its entirety with complete removal of all debris or obtain all necessary permits to bnng the structure up to meet all current codes, which include submission of all permit fees, building applications, etc Tom Gorgone made a motion to find the Respondent in violation of Chapter 14, Section 14-9 IPMC 2012 (Sections 109 1 Imminent Danger, 108 I 1 Unsafe Structure, 1081 3 Structure unfit for Human Occupancy, 1101 General), and find that the violations constitute a serious threat to the public health, safety and welfare, with a line of$250 00 per day for every day the violation exists past April 16, 2013, seconded by Larry Seidler The vote was unanimous in favor of finding the Respondent in violation with the fine and date Non-Agenda Items: Chairman Holt asked that when fines accrue against a property, if they are not protected by a lien, then do they go away if the ownership changes on that property Code Enforcement Attorney Valerie Fuchs stated that was correct If the ownership changes on a property then the process has to start over with the new owner Chairman Holt stated that the Board hasn't typically applied liens to properties because the Board ultimately loses control once a lien is placed on the property The control is then placed on the City Council City Attorney Yvette Brown stated that a fine list will be updated and some of the properties will be brought before the Board to request a lien on some of the properties Chairman Holt stated that the list was typically brought before the Board quarterly, but it has been a while since the list has been provided 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 19, 2013 Board member Forte asked at what point they would want to place a lien on a property and lose control of the outcome of the case Chairman Holt stated that it needs to stay on a case-by-case basis He stated that the city staff would make the determination as to which properties they would request a lien Board member Gorgone asked about the new tree ordinance that was recently passed by City Council He stated that the palm tree portion of the ordinance is confusing Planning and Zoning Director Barbara Hollerand stated that staff has already identified a few problems with the language in this ordinance She stated that staff will be looking into the tree ordinance extensively in the next few months and will be making changes She stated that there will be a preferred palm tree list that will be added to the ordinance Board member Gorgone suggested specifying in the ordinance a location where a replacement tree should be planted Ms Hollerand stated that staff will be addressing several areas of the ordinance such as lot size, place of trees, types of trees, and tnmming of trees Board member Gorgone stated that placement of the landscape is important due to visibility issues Board member Mannella stated that several of the developments in Clermont do not have big enough lots to allow for three trees on small lots Board member Forte asked how it is determined that some lots have to be completely cleared and others only fifty feet in Ms O'Shea stated that the code does not distinguish between lots She stated staff looks at whether the property can reasonably be completely cleared and if it abuts residential property She stated that if it abuts wooded property, then she requests a fifty foot clearance for the lot to meet the 18" code requirement There being no further business, the meeting was adjourned at 6 58 p m Dave Holt,Chairman Attest Rae Chidlow,Code Enforcement Clerk 5