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05-29-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 The regular meeting of the Code Enforcement Board was called to order on Wednesday, May 29, 2013 at 6:00 p.m. Members attending were Chairman Dave Holt, along with Board members Larry Seidler, Alfred Mannella, Bill Rini, 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 Mantzans, 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 Apnl 16, 2013 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. 13-934 has complied and will not be heard. Planning and Zoning Director Barbara Hollerand provided an update about the Community Forum and read the City's mission statement. She stated that the second Community Form will be held on Wednesday, June 19, 2013, from 6:30 pm to 9:00 pm. CASE NO. 12-803 Alexander T. Gimon&Patricia M. Lee 628 W. Minneola Ave. Clermont, FL 34711 REQUEST: Waiver of Fines City Attorney Dan Mantzaris introduced the case. He stated that the fine has accrued to $106,000 and the property is currently in compliance. The Respondent was present. Alexander Gimon, 628 W. Minneola Ave., stated that he was trying to help his tenant who was three years in arrears on his rent. He stated that he explained to the tenant that once she started paying rent he would make repairs to the apartment. He stated that after a period of time he had to evict the tenant who called code enforcement. He stated that the apartment had been destroyed. He stated that it cost him $9000 to bring the property into compliance and the 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 finances was the delay for complying. He stated that he is requesting a waiver of the fine but a reasonable amount of fine would be between$300 and $500. Board member Bill Rini asked what the violations were on the property. Mr. Mantzaris read the violations and stated that the property became compliant on May 20, 2013. He stated that staff is in agreement to reduce the fine to $1000 to be paid within sixty days. Board member Tom Gorgone asked if the property has been rented. Mr. Gimon stated that he has rented the property. Alfred Mannella made a motion to reduce the fine from $106,000 to $750 to be paid by in 90 days; seconded by Larry Seidler. The vote was 4-2 in favor of reduction of the fine and date to be paid with Board members Bill Rini and Tom Gorgone opposing. CASE NO. 11-707 Gregory Powers 520 Lake Avenue Clermont, FL 34711 REQUEST: Waiver of Fine City Attorney Dan Mantzaris introduced the case. He stated that the fine has accrued to $99,150 and the property is currently in compliance. The Respondent was present. Greg Powers, 520 Lake Ave., stated that he purchased the home 20 years ago. He stated that traveled for his job and he eventually divorced. He stated that the wife wanted to stay in the house to clean out her belongings. He stated that the wife called a lawyer and he was informed that he had to stay away from the home until she removed her belongings, was a hoarder. He stated that the property is in compliance. He stated that he is retired and lost everything except the house in the divorce and is asking for a waiver of fine. Mr. Mantzaris stated that staff agrees for the waiver of fine. Alfred Mannella made a motion to waive the fine; seconded by Chandra Myers. The vote was unanimous in favor of waiving the fine. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 CASE NO. 13-937 Sandra G. Tickner&Robert Kemper 1385 Lake Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1385 Lake Ave., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-39; Sight Distance for Landscaping 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 violation of the referenced section of the City of Clermont Code of Ordinances due to the height of the shrubs/plants on the corner of 6th and Seminole Streets (and all along both streets) being within 3 feet of an access-way and intersections. Sight distance for vehicles is reduced and the stop sign is partially obscured. Compliance of this violation will be when the shrubs or plants are removed for a distance of 30 feet in each direction (along the curb) from the corner of 6th and Seminole St. Landscaping is also to be removed 30 feet in each direction from the corner of Seminole St and Lake Ave. No landscaping is to be within 3 feet of any street. Chairman Dave Holt asked if the property owner was responsible for the landscape in the right- of-ways. Mr. LaClair stated that the property owner is responsible for the right-of-way. Board member Bill Rini asked how wide the right-of-way is at this location. Mr. LaClair stated that the right-of-way area is three to four feet wide. Robert Kemper, 1385 Lake Ave., stated that the previous code enforcement officer allowed him to keep the bouganvilla which is the plant in violation. He stated that the city staff came out and trimmed the bougianvilla and showed him how to keep it trimmed back, which he has done. He stated that the Indian Hawthorn has never been an issue and has always been there. He stated that he would like to keep the Hawthorn there if he could. He stated that he also had another plant with blue flowers that were an issue, but he has removed those plants as well as the bouganvilla. He stated that he's paid over $3500 for the Indian Hawthorn so he would like an opportunity to keep the Indian Hawthorn. He stated that he wants to make an improvement to the community not a detriment. Board member Tom Gorgone asked if the large flowering bushes have been removed but not the roots. He stated that the root base needs to be removed. He stated that the Indian Hawthorn is a 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 beautiful slow growing bush and makes a nice hedge, but the height would have to be kept low. He suggested that Mr. Kemper work with the city staff to satisfy his landscaping. Mr. Mantzaris stated that staff is not asking for Mr. Kemper to remove all of the landscaping on the road edge, only the thirty foot tnangle at the intersection as required by the code. Board member Larry Seidler asked if the Respondent lives at this location or is he a seasonal resident. Mr. Kemper stated yes, this is his year round home. Tom Gorgone made a motion to find the Respondent in violation of Chapter 118, Section 118-39, with a fine of$50.00 per day for every day the violation exists past June 16, 2013; seconded by Chandra Myers The vote was 5-1 in favor of finchng the Respondent in violation with the fine and date with Board member Al Mannella opposing. CASE NO. 13-939 Emerald Lakes Co-Op, Inc. 1401 W. Highway 50, Lot 119 Clermont, FL 34711 LOCATION OF VIOLATION: 1401 W. Highway 50, Lot 119, Clermont, FL 34711 VIOLATION: Chapter 14, Section 108.1.5; Dangerous Structure on Premises 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 violation of the referenced section of the City of Clermont Code of Ordinances due to the mobile home on lot 119 being a nuisance and a dangerous structure. The decay of this structure is a health, safety and welfare violation. Compliance of this violation will be when the structure is torn down (or removed) and all debris removed from the property. Bill Gorman, manager of Emerald Lakes Co-Op, 1401 W. Highway 50, stated that the tenant that had that home was an absentee landlord. He stated that the home is owned by the absentee homeowner, however the property is owned by Emerald Lakes Co-Op. He stated that the mobile home has gone through the bankruptcy process and Emerald Lakes Co-Op does not have possession of the signed order from the judge at this time. He stated that they want the home removed as quickly as possible, however they do not have the rights to do so at this time. He stated that he's requesting 90 days extension. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 Board member Bill Rini asked if the utilities have been disconnected and is the park management keeping a barrier around the mobile home for safety. Mr. Gorman stated that the utilities have been disconnected. He stated that the homeowner boarded the home up initially,but they have recently noticed that the door has been pried open so they will take the steps to make sure the home is boarded up. Mr. Mantzaris stated that staff is willing to amend their recommendation to extend the compliance date to August 20, 2013. Mr. Gorman stated that they would agree with the recommendation, however if the courts don't release the rights by August 20, 2013, then he would like an extension. Chairman Dave Holt stated that if the Respondent does not comply by August 20, 2013, then he will have the opportunity to come back at a later date to request forgiveness of the fines. Al Mannella made a motion to find the Respondent in violation of Chapter 14, Section 108.1.5, with a fine of$250.00 per day for every day the violation exists past August 20, 2013; seconded by Bill Rini. The vote was unanimous in favor of finding the Respondent in violation with the fine and date CASE NO. 13-941 Oneil &Nandranie Ajodia 1321 Willow Wind Dnve Clermont, FL 34711 LOCATION OF VIOLATION: 1321 Willow Wind Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35; Excessive 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 summary as follows: One tree on the property has been excessively pruned. Section 118-35 C states that "Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse and a violation of this Code."The excessively pruned tree must be removed and replaced. Oneil Ajodia, 1321 Willow Wind Drive, stated that he purchased the home in 2004 and there were four trees on the property. He stated that there are currently two trees on the property, one in the backyard and one in front. He stated that the hurricanes damaged the trees. He stated that he trimmed them up after the hurricane damage. He stated that he would like the option to allow the tree to grow for six months to see that the tree will grow back. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 Board member Tom Gorgone stated that the picture shows a row of trees in the neighborhood and asked if his tree was the only one that was damaged. Mr. Ajodia stated that his neighbor across the street was damaged as well. Board member Bill Rini asked if he has pruned the tree since the damage. Mr. Ajodia stated that he has pruned it since the hurricane damage, but when he found out he was in violation he stopped pruning. Tom Gorgone made a motion to find the Respondent in violation of Chapter 118, Section 118-35, with a fine of$50.00 per day for every day the violation exists past July 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. 08-403 & 12-806 Luz Rodriquez Parcel at NE end of Roane Rd. Vacant lot on Highway 27 Clermont, FL 34711 REQUEST: Waiver of Fine City Attorney Dan Mantzaris introduced the case. He stated that the daughter of the Respondent has requested a reduction to $200. He stated that staff is willing to reduce the fine from $158,000 to $250 to be paid within 60 days. The Respondent was not present. Al Mannella made a motion to reduce the fine to $250 to be paid within 60 days; seconded by Tom Gorgone. The vote was unanimous in favor of fine and date to be paid CASE NO. 12-791 & 12-882 Kankoo Enterpnses, LLC Hancock Road & E. Highway 50 Clermont, FL 34711 REQUEST: Waiver of Fine City Attorney Dan Mantzaris introduced the case. He stated that the property is currently out of compliance, so staff is requesting that a lien be placed on the property in the amount of$22,750. The Respondent was not present. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 Tom Gorgone made a motion to impose a lien of$22,750 and will continue to accrue $250 per day on property located at Hancock Road &E. Highway 50.; seconded by Chandra Myers. The vote was unanimous in favor of imposing the lien. CASE NO. 12-804 Masthead, LLC Land on Masthead Blvd. to Grand Highway Clermont, FL 34711 REQUEST: Lien request City Attorney Dan Mantzaris introduced the case. He stated that the property is currently out of compliance, so staff is requesting that a lien be placed on the property in the amount of$1500. The Respondent was not present. Al Mannella made a motion to impose a lien of$1500 and will continue to accrue $50 per day on property located at Land on Masthead Blvd. to Grand Highway; seconded by Larry Seidler. The vote was 5-1 in favor of imposing the lien with Chairman Dave Holt opposing. CASE NO. 11-755 Juan Vazquez 1400 Block of 5th Street Clermont, FL 34711 REQUEST: Lien request City Attorney Dan Mantzaris introduced the case. He stated that the property is currently in compliance, so staff is requesting that a lien be placed on the property in the amount of$250. The Respondent was not present. Al Mannella made a motion to impose a lien of$250; seconded by Bill Rini. The vote was 5-1 in favor of imposing the lien with Chairman Dave Holt opposing. CASE NO. 12-817 Tiproel, LLC Vacant Bloxam Avenue Lot Clermont, FL 34711 REQUEST: Lien request 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 29, 2013 City Attorney Dan Mantzaris introduced the case. He stated that the property is currently in compliance, so staff is requesting that a lien be placed on the property in the amount of$1700. The Respondent was not present. Tom Gorgone made a motion to impose a lien of$1700 and will continue to accrue $50 per day on vacant Bloxam Avenue lot; seconded by Chandra Myers. The vote was 5-1 in favor of imposing the lien with Chairman Dave Holt opposing. There being no further business, the meeting was adjourned at 7:55 p.m. OrtAAA1P-4 — Dave Holt, Chairman Attest: Rae Chidlow, Code Enforcement Clerk 8