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08-20-2013 Regular Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 20, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 20, 2013 at 6:00 p.m. Members attending were Acting-Chairman Tom Gorgone, along with Board members Ken Forte, Larry Seidler, and Alfred Mannella. Also attending were Barbara Hollerand, Planning & Zoning Director, 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. Board member Ken Forte suggested discussing the July 16, 2013 minutes at the end of the meeting. Acting Chairman Tom Gorgone stated that he was fine with moving the approval of the minutes to the end of the meeting. Acting Code Enforcement Chairman Tom Gorgone read the Opening Remarks. Code Enforcement Officer Suzanne O'Shea, along with any of the public who may testify, was sworn in. Acting Chairman Tom Gorgone gave the floor to Code Enforcement Staff and City Attorney. City attorney Dan Mantzaris stated that case numbers 13-958 and 13-961 will not be heard due to lack of receiving service. He stated that case numbers 13-959 and 13-960 have complied and will not be heard. CASE NO. 12-845 Daisy Clark Estate 769 E. Montrose St. Clermont, FL 34711 LOCATION OF VIOLATION: 769 E. Montrose St., Clermont, FL 34711 REQUEST: Waiver of Fine City Attorney Dan Mantzaris introduced the case. Ida Deramus, 549 E. Broome St. was present. Lucille Deramus, 549 E. Broome St., stated that she has come before the Board to ask for forgiveness of the fine. She stated that due to financial issues she was not able to comply sooner. City attorney Dan Mantzaris stated that staff is recommending to not forgiving the fine at this time due to there being another code violation against the property. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 20, 2013 Al Mannella made a motion to table case number 12-845; seconded by Larry Seidler. The vote was unanimous in favor of tabling case number 12-845. CASE NO. 13-955 Shekilla Perry/Irene Dantley Estate 328 Chestnut St. Clermont, FL 34711 LOCATION OF VIOLATION: 328 Chestnut St., Clermont, FL 34711 REPEAT VIOLATION: Chapter 14, Section 14-9 (302.1) IPMC, Sanitation 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 International Property Maintenance Code, due to the following: There is a significant amount of miscellaneous debris located in the front, side and rear of the property. Including but not limited to: In the driveway, there are baby toys and rolled metal fencing. In the side and rear yards, there are mattresses, fence posts and panels, pipes, roof materials, numerous pieces of furniture, buckets, rugs, pillows, decayed food covered with ants, etc. In the exterior side stairway, there are animal cages, a scooter, two large red storage bins, baby furniture, a bag of cans, buckets, etc. (Section 302.1 Sanitation). Compliance of this violation will be when the following conditions are met: All abovementioned debris must be removed from the property and correctly disposed of or stored in an enclosed area so that items are not visible from the roadway or adjacent properties. Shekilla Perry, 328 Chestnut St., stated that she brought photos of her property to show. Code enforcement attorney Valerie Fuchs stated that anything that is presented to the board, must be left with the clerk. Ms. Perry stated that her photos are on her ipad and that is the only evidence she has to prove her compliance. Tom Gorgone stated that she can look at the city's photos and she can describe what is or is not in compliance. Ms. Perry stated that when she first received her first violation notice, it was because of the fence panel falling due to a storm. She stated that she picked the fence panel. She stated that the mattresses were only in the front yard due to a bedbug infestation and they had been sprayed and 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 20, 2013 she was recommended to put them in the sun to dry. She stated that the mattresses were not there longer than a day. She stated that the fence panel is still there because she has nowhere to put it until she can pull a fence permit. She stated that the PVC pipe does not belong to her property and the black item is no longer there. She stated that the food that was in the yard was not hers and when it was brought to her attention, she removed it. She stated that the violations have been brought up to code other than the fence which she is working on getting a permit for. City attorney Dan Mantzaris stated that the Respondent may have taken action after the staff had taken photos earlier this afternoon. He stated that if the property is in compliance then the city will be satisfied and the fine will stop accruing. He stated that staff is asking to find the Respondent in repeat violation and impose the fine dated back to the day the property was cited. Ken Forte made a motion to find the Respondent in repeat violation of Chapter 14, Section 14-9 (302.1), with a fine of_$250.00_per day for every day the violation existed past the date it was cited on July 17, 2013, seconded by Larry Seidler. Al Mannella amended the motion to start the fine on August 31, 2013; seconded by Larry Seidler. The vote was 3-1 to recommend the amendment, with Board member Ken Forte opposing. The vote was 3-1 in favor of finding the Respondent in repeat violation and amount of the fine, with Board member Ken Forte opposing. CASE NO. 13-957 Shekilla Perry/Irene Dantley Estate 328 Chestnut St. Clermont, FL 34711 - LOCATION OF VIOLATION: 328 Chestnut St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (304.2, 108.1.5 (2), 304.7, & 304.9) IPMC, Protective Treatment, Dangerous structure or premises, Roofs &Drainage, and Overhang Extensions. 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 International Property Maintenance Code, due to the following: There is a significant amount of miscellaneous debris located in the front, side and rear of the property. Including but not limited to: The exterior stairway, located on the east side of the residence, is unsafe. There is not adequate egress due to the accumulation of items being stored there. (Section 108.1.5 (2) - Dangerous structure or premises). The building in the rear of the property has roof supports that are exposed and are not protected from decay, in addition to a deteriorating overhang over the doorway. (Section 304.9 Overhang extensions, Section304.2 Protective treatment). The roof of the rear utility room is detenorating and is covered with a blue tarp. (Section 304.7 Roofs and 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 20, 2013 drainage). Compliance of this violation will be when the following conditions are met: Remove all items from the stairway so there are no obstructions. Repair the overhang and weather proof all exposed wood supports. Repair the roof so that there are no leaks and it is structurally intact. Remove the tarp. A reroof permit may be necessary. Shekilla Perry, 328 Chestnut St., stated that the walkway is clear and she is able to safely exit the door. She stated that the tubs are stacked neatly with nothing on top of them. She stated that she had a contractor come out to show her how to fix some of the roofing issues. She stated that she does not have the funds to correct the issues at this time. She stated that the blue tarp was there to hang over so that her dog will have shade. City attorney Dan Mantzaris stated that this is the third code enforcement case against this property in the past two years. He stated that staff is willing to allow 30 days for the Respondent to come into compliance. Ken Forte made a motion to find the Respondent in violation of Chapter 14, Section 14-9 (304.2, 108.1.5 (2), 304.7, & 304.9), with a fine of$100.00 per day for every day the violation exists past September 17, 2013; seconded by Al Mannella. The vote was unanimous in favor of finding the Respondent in violation and amount the fine. CASE NO. 13-956 Devindra Ramkaren 923 Princeton Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 923 Princeton Dr. VIOLATION: Chapter 14, Section 14-9 (302.1, 303.1, 303.2, & 108.1.3; Sanitation, Swimming Pools, Enclosures, Unfit Structure. City Attorney Dan Mantzaris introduced the case. The Representative 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 International Property Maintenance Code, due to the following: There is a significant amount of miscellaneous debris located in the front, side and rear of the property. Including but not limited to: The pool is stagnant, green and unsanitary. Additionally, there are hundreds of frogs living in the pool, which causes excessive noise at night from the croaking. (Section 303.1 Swimming Pools). The screen enclosure and metal door are not secure. (Section, 303.2 Enclosures). There is dead vegetation and miscellaneous garbage around the pool and the house. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 20, 2013 (Section 302.1 Sanitation). The home has no active utilities, is unsecured, and appears to be entered by transients. (Section 108.1.3 Structure Unfit for Human Occupancy) Beth Bommarito, attorney for Wells Fargo, stated that the bank does not have title to the property, so technically the bank does not have access to the property. She stated that the hearing for the foreclosure is September 19, 2013. She stated that the bank is requesting for a 90 day extension to obtain title to this home and to bring the home into compliance. Hugo Salvatore, 927 Pnnceton Dr., moved here four years ago at which time people were living in the home. He stated that about two years ago the neighbors moved out. He stated that the lanai and pool area was left over. He stated that the pool was full of water and started to smell. He stated that after about a year the pool was finally emptied and covered. He stated that there are numerous frogs that come from that property over to his property and make awful noises. Jose Ferreira, 931 Princeton Dr., stated that he lives two houses down from the property. He stated that the frogs crawl up the side of his house. He stated that the frogs leave droppings on his house and making noises. City attorney Dan Mantzaris stated that the city understands the situation the neighbors are observing. He stated that the city will look into what they can do for the property. Al Mannella made a motion to find the Respondent in violation of Chapter 14, Sections 14-9 (302.1, 303.1, 303.2 & 108.1.3), with a fine of$250 00 per day for every day the violation exists past August 27, 2013; seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation and fine. The minutes from the Code Enforcement Board meeting of July 16, 2013 were approved as amended. There being no further business, the meeting was adjourned at 7:58 p.m. 131 Dave Holt, Chairman Attest: c2.0L.L.. .......iLe,i) .._s;) Rae Chidlow, Code Enforcement Clerk 5