Loading...
07-16-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, July 16, 2013 at 6:00 p.m. Members attending were Chairman Dave Holt, along with Board members Ken Forte, Larry Seidler, Bill Rini, Alfred Mannella, Chandra Myers, and Thomas Gorgone. Also attending were Barbara Hollerand, Planning & Zoning Director, Allen LaClair, Water Conservation Coordinator/Code Enforcement Officer, Suzanne O'Shea, Code Enforcement Officer, Valerie Fuchs, Code Enforcement Attorney, Dan Mantzaris, City Attorney, and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of June 18, 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 number 13-947 has complied and will not be heard. CASE NO. 11-783 Eric&Nicole Schwalbach 1130 Minnehaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 1130 Minnehaha Ave., Clermont, FL 34711 REQUEST: Waiver of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. Tom Gorgone made a motion to waive the fine; seconded by Larry Seidler. The vote was unanimous in favor of waiving the fine. CASE NO. 11-697 Senturk Marketing, Inc. 899 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 899 W. Highway 50, Clermont, FL 34711 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 REQUEST: Impose Fine and Create a Lien City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Ken Forte made a motion to impose the fine of$181,750 and creating a lien on the property; seconded by Alfred Mannella. The vote was unanimous in favor of imposing the fine and creating the lien. CASE NO. 11-718 Dwayne H. & Rhonda M. Gregoire 1248 Shorecrest Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1248 Shorecrest Circle, Clermont, FL 34711 REQUEST: Impose Fine and Create a Lien City Attorney Dan Mantzaris introduced the case. He stated that the property is in compliance. The Respondent was not present. Tom Gorgone made a motion to reduce the fine from $196,250 to $500 to be paid by August 16, 2013; seconded by Alfred Mannella. The vote was unanimous in favor of reducing the fine. CASE NO. 13-909 James Duquette 1313, 1313B, & 1315 East Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 1313, 1313B, & 1315 East Ave., Clermont, FL 34711 REQUEST: Impose Fine and Create a Lien City Attorney Dan Mantzaris introduced the case. He stated that the Respondent continues to have three living units on the property. He stated that the City believes some re-piping has been done to route water to the third unit and to avoid the fact the City shut off the third meter. The Respondent was not present. Board member Chandra Myers arrived for the meeting and voted on this case. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 Tom Gorgone made a motion to impose a fine of$32,000 and create a lien and the fine would continue to accrue until the property is brought into compliance; seconded by Bill Rini. The vote was unanimous in favor of imposing the fine and creating a lien. CASE NO. 13-944 Roberta H. Berg 4820 Barbados Loop Clermont, FL 34711 LOCATION OF VIOLATION: 4820 Barbados Loop, Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-221 & 66-220; Fine Schedule & Violation of Irrigation Schedule City Attorney Dan Mantzaris introduced the case and stated that the Respondent had requested to come before the Board. The Respondent is not present, so the previous order will take place. CASE NO. 13-945 Jericko Properties, LLC Northwest corner of Brogden St. & Cluster Oaks Dr. Clermont, FL 34711 LOCATION OF VIOLATION: Northwest corner of Brogden St. & Cluster Oaks Dr., Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34-61 (1); Unlawful Maintenance of Nuisances 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 excessive accumulation of weeds and grass on the property. Compliance of this violation will be when all high weeds and grass have been trimmed and mowed uniformly and evenly below 18" in depth. Mr. LaClair stated that the property is in compliance at this time. Tom Gorgone made a motion to find the Respondent in repeat violation of Chapter 34, Sections 34-61 (1), with no fine assessed at this time, seconded by Larry Seidler. The vote was unanimous in favor of finding the Respondent in repeat violation. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 CASE NO. 13-946 Eagle FL I SPE, LLC Hancock Rd./Hooks St. Clermont, FL 34711 LOCATION OF VIOLATION: Hancock Rd./Hooks St. REPEAT VIOLATION: Chapter 34, Section 34-61 (1); Unlawful Maintenance of Nuisances 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 parcel of land having weeds in excess of 4 feet, especially along Hancock Road. Compliance of this violation will be when the parcel is mowed and trimmed at least 30 feet back from the road and 10 feet from the surrounding parcels, including trimming along the wall to the south. Mr. LaClair stated that the property is in compliance at this time. Ken Forte made a motion to find the Respondent in violation of Chapter 34, Sections 34-61 (1), with no fine assessed at this time; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation. CASE NO. 13-948 Terry K. Plaisted 3586 Foxchase Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 3586 Foxchase Dr. VIOLATION: Chapter 118, Section 118-71; Minimum Tree Requirements 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 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 of the City of Clermont Code of Ordinances due to the removal of the 2 canopy trees in the backyard without a permit and/or replacement trees. Compliance of this violation will be when 2 replacement trees from the approved canopy tree list are planted. Trees must be at least 12 feet tall and have a trunk diameter of 3 inches upon planting. Alfred Mannella made a motion to find the Respondent in violation of Chapter 118, Sections 118-71, with a fine of$50.00 per day for every day the violation exists past August 20, 2013; seconded by Larry Seidler. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 13-950 SRGC, LLC Sanctuary Ridge Golf Course Clermont, FL 34711 LOCATION OF VIOLATION: Sanctuary Ridge Golf Course VIOLATION: Chapter 118, Section 118-35; IPMC—Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea read a letter from the Respondent addressed to the Code Enforcement Board. 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 improper/severe pruning of three canopy trees on the golf course. This type of pruning is not in accordance with the "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Compliance of this violation will be when the following is completed: A Tree Removal Permit Application must be approved, prior to tree removal. You are also required to provide the location of where the new trees will be planted. Board member Ken Forte asked why was the City making the Golf Course remove the trees and replace somewhere else on the golf course. City attorney Dan Mantzaris stated that the City is treating the case just as if the Respondent had come to the City prior to pruning the trees and stated that they were having a problem with these trees and wanted to make changes to the landscape. Board member Alfred Mannella stated that he thinks the City should stay out of it. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 Board member Tom Gorgone stated that when the golf course was developed there was a landscape plan proposed. He stated that over time the problems that exist could not have been foreseen when the landscape plan was proposed. Code Enforcement attorney Valerie Fuchs stated that code applies equally and should be applied the same way to all property owners. Chairman Dave Holt stated that there are plenty of trees on the golf course, so maybe the City should not burden them to replant the trees. He stated that he finds it odd that the golf courses are put under the same landscape ordinances as other properties. City attorney Dan Mantzaris stated that there are code changes going before Council that will allow the administration to make a determination as to whether trees will need to be replaced or not. He stated that compliance will include when the Respondent comes to the city and pulls, receives, and finalizes a tree removal permit. He stated that there is a staff member who looks at the tree removal permits and he makes the determination as to whether the trees have to be replaced or not. Tom Gorgone made a motion to find the Respondent in violation of Chapter 118, Sections 118- 71, with a fine of$250 00 per day for every day the violation exists past August 20, 2013;the motion was amended to reflect the determination of compliance as presented by Dan Mantzaris; seconded by Chandra Myers. The vote was 4-3 in favor of finding the Respondent in violation with the fine and date with Board members Al Mannella, Bill Rini, and Larry Seidler opposing. CASE NO. 13-949 SRGC, LLC Various areas located on Sanctuary Ridge Golf Course Clermont, FL 34711 LOCATION OF VIOLATION: Various areas located on Sanctuary Ridge Golf Course VIOLATION: Chapter 14, Section 14-9 (302.4); IPMC - Weeds 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 high grass and weeds exceeding 18 inches. Areas of primarily concern/complaint include the following locations: 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 • The south side of the 2200 block of Caledonian St., along the hill. • The hill in the rear of Prairie Dunes adjacent to the golf course • The south side of the 900 block of Summit Greens Blvd., primarily along the wall • The south east area of Summit Greens Blvd and Indianwood St. Compliance of this violation will be when grass and weeds are mowed below 18 inches, with all clippings removed from the property. Compliance is not limited to the above-mentioned areas, but is inclusive of all areas owned by the golf course. Suzanne O'Shea stated that the golf course did not call for an inspection, however when she went back out to do her own inspection, she noticed that most of the property has been brought into compliance but not full compliance. Tom Gorgone made a motion to find the Respondent in violation of Chapter 14, Sections 14-9 (302.4), with a fine of$150.00 per day for every day the violation exists past August 20, 2013; seconded by Larry Seidler. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 13-954 Kings Ridge Professional Centre, LLC Property known as Kings Ridge Professional Centre Clermont, FL 34711 LOCATION OF VIOLATION: Kings Ridge Professional Centre REPEAT VIOLATION: Chapter 34, Section 34-61; Unlawful Maintenance of Nuisances 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 overgrowth of weeds on the subject properties. Since this is a repeat violation, a $250 per day fine is automatically assessed beginning on June 26, 2013 and will continue until the properties are in compliance. Compliance of this violation will be when the properties are evenly mowed, trimmed, and edged (where necessary). In addition, grass and landscape clippings must be removed from the property. Tom Gorgone made a motion to find the Respondent in repeat violation of Chapter 34, Sections 34-61, with a fine of$500 per day for every day the property is not in compliance; seconded by Bill Rini. The vote was unanimous in favor of finding the Re spondent in repeat violation and amount of fine. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 16, 2013 City attorney Dan Mantzaris stated that on case number 11-697 is in compliance as of today. He stated that staff would ask the Board enter an order to reduce the fine to $500 to be paid by August 16, 2013. Code Enforcement attorney Valerie Fuchs stated that there was no one in the audience to speak on this matter when the case was originally heard earlier in the evening. There is no one in the audience now to speak on the matter, so the Board could change the motion. Tom Gorgone made a motion to replace the previous motion for case number 11-697 to reduce the fine to $500 to be paid by August 16, 2013; seconded by Ken Forte. The vote was unanimous in favor of imposing the fine and creating a-lien. Planning and Zoning Director Barbara Hollerand stated that the next Community Forum is on Wednesday, July 24, 2013, at 6:30 pm at the Clermont Community Center. Chairman Dave Holt stated that he and Chandra Myers will not be at the August 20, 2013 meeting and asked for a volunteer to act as Chair. Board member Bill Rini stated he would not be in attendance at the August 20, 2013 meeting. Board member Tom Gorgone stated that he would volunteer to act as Chair. Chairman Dave Holt stated that when staff is creating the presentations for the cases, it would be helpful to have the location map as the slide after the introduction slide. There being no further business, the meeting was adjourned at 7:31 p.m. Tom Gorgone,Act' g-Chairman Attest: Rae Chidlow, Code Enforcement Clerk 8