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04-16-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 16, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 16, 2013 at 6:00 p.m. Members attending were Vice-Chair Chandra Myers, along with Board members Alfred Mannella, Bill Rini 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. The minutes from the Code Enforcement Board meeting of March 19, 2013 were approved. Code Enforcement Vice-Chair Chandra Myers 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. Vice-Chair Chandra Myers gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzans stated that Case No. 13-925 has complied and will not be heard. He stated that Case nos. 08-403, 12-806, and 11-697 did not receive proper notice and will be removed from the agenda. CASE NO. 12-790 Lost Lake Reserve, LC Tract 7D, 6-Sub Lot B, 6-Sub Lot A, Tract F, Tract 6, Tract A, and Tract 7A Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzans introduced the case. He stated that staff is in agreement to reduce the fine to $500, not complete forgiveness of the fine. The Respondent was present. Robert Bishop, 9307 Hampshire Dr., Tampa, stated that the notice went to the Lake Wales office. He stated that as soon as he received the notice at the Tampa office he had the violation corrected within ten days. He stated that he agrees with staff on the reduction of fine. Tom Gorgone made a motion to reduce the fine to $500 to be paid by May 16, 2013; seconded by Bill Rini. The vote was unanimous in favor of reduction of the fine and date to be paid. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 16, 2013 CASE NO. 13-932 Carlton M. Foley II 3830 Fallcrest Circle Clermont, FL 34711 LOCATION OF VIOLATION: 3830 Fallcrest Circle, Clermont, FL 34711 VIOLATION: Chapter 58, Section 58-116, Operation of Business without a Business Tax Receipt 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 placement of refuse at the curb 4 days prior to scheduled pickup. The ordinance allows for placement no earlier than 6:00 AM the day prior to the scheduled pickup day and retrieval of the can must be by 6:00 AM the following morning. Also, operation of Mystic Designs Decor, LLC, out of the residence is prohibited without a valid Business Tax Receipt (BTR). Compliance of this violation will be when your refuse is placed at the curb during proper hours and a valid BTR is obtained for the business. Board member Tom Gorgone asked if the Respondent is also required to obtain a County business tax receipt. Mr. LaClair stated that he is not sure if the Respondent has a business tax receipt from the County or if they require a business tax receipt for that type of business. Al Mannella made a motion to find the Respondent in violation of Chapter 58, Section 58-116, with a fine of$50.00 per day for every day the violation exists past May 21, 2013; seconded by Tom Gorgone. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 13-933 Deutsche Bank Trust Co. Americas Trustees 2693 Eagle Lake Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 2693 Eagle Lake Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71; Minimum Tree Requirements 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 16, 2013 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. Board member Bill Rini asked if three trees were required for that lot and why allow them until May 21, 2013 to replace the trees. Mr. LaClair stated that three trees are the requirement. He stated that the 30 days would allow time to notify the bank and allow them to comply prior to the due date. Al Mannella made a motion to find the Respondent in violation of Chapter 118, Section 118-71, with a fine of$250.00 per day for every day the violation exists past May 21, 2013; seconded by Bill Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 13-933 Wayne Thomas 214 2nd St. Clermont, FL 34711 REQUEST: Order to impose fine and creating lien on property City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Mary Ellen Tucker, 241 Orange Ave., who was sworn in, stated that they are grateful that the city is moving forward with this property. Board member Tom Gorgone asked if this was the property where people were trespassing. Ms. Tucker stated that there are still people stopping at the property. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 16, 2013 Board member Bill Rini asked if the City could post a no trespassing sign once a lien has been placed on the property. City Attorney Dan Mantzaris stated that the property is posted as unsafe, and by placing the lien on the property, it will allow the city to move forward with foreclosure if they choose to. Al Mannella made a motion to impose a lien of$29,500 and will continue to accrue,$250 per day on property located at 214 2nd St.; seconded by Tom Gorgone. The vote was unanimous in favor of imposing the lien. CASE NO. 12-797 Belgian Capital Fund, LLC South Lake Medical Arts Center Oakley Seaver Drive Clermont, FL 34711 REQUEST: Order to impose fine and creating lien on property City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Al Mannella made a motion to impose a lien of$104,750 and will continue to accrue $250 per day on property located at South Lake Medical Arts Center, Oakley Seaver Drive; seconded by Tom Gorgone The vote was unanimous in favor of imposing the lien. CASE NO. 12-860 Clara M. Freeman Vacant Lot 200 block, Highway 50 Clermont, FL 34711 REQUEST: Order to impose fine and creating lien on property City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Tom Gorgone made a motion to impose a lien of$59,250 and will continue to accrue $250 per day on property located at a vacant lot, 200 block, Highway 50; seconded by Bill Rini. The vote was unanimous in favor of imposing the lien. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD April 16, 2013 Non-Agenda Items: Planning and Zoning Director Barbara Hollerand stated that there will be a Community Forum meeting on May 21, 2013 and asked the Board to consider changing the Code Enforcement meeting date to May 29th or 30th. Board members agreed to move the May 21, 2013 Code Enforcement meeting to Wednesday May 29, 2013. Ms. Hollerand read a script to the Board explaining the Community Forum meeting. There being no further business, the meeting was adjourned at 6:45 p.m. eit1560k Dave Holt, Chairman Attest: Z.51/4.9LU."‘DI,Li>, Rae Chidlow, Code Enforcement Clerk 5