Loading...
10-15-3013 Regular Code Enforcement Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 15, 2013 at 6:00 p.m. Members attending were Chairman Dave Holt, along with Board members Chandra Myers, Ken Forte, Larry Seidler, Bill Rini, Tom Gorgone, and Alfred Mannella. Also attending were Barbara Hollerand, Planning & Zoning Director, Suzanne O'Shea and Evie Wallace, Code Enforcement Officers, 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 September 17, 2013 were approved as written. Chairman Dave Holt read the Opening Remarks. Code Enforcement Officer Suzanne O'Shea, along with any of the public who may testify, was sworn in. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City attorney Dan Mantzaris stated that case 13-954 has been withdrawn from the agenda. CASE NO. 13-949 & 13-950 SRGC, LLC Various areas located on Sanctuary Ridge Golf Course Clermont, FL 34711 REQUEST: Reduction of fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. Tony Cianci, 2475 Northumbria Dr., Sanford, stated that he is the Senior Vice-president and represents the company that manages the golf course. He stated that the trees were originally placed there to act as shield for the golf balls and was not included in the original design of the golf course. He stated that the trees grew and created a lot of shade that prevented the turf to grow. He stated that the golf course was able to replace the trees at a low cost. He stated that they have come into compliance with the tree and mowing cases. He stated that he is requesting a reduction of fine to $250 for each case. City attorney Dan Mantzaris stated that Staff is in agreement of the reduction of fines. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 Board member Ken Forte stated that there was an issue when this case was originally brought before the Board as to whether the city code applied to a golf course. He stated that there were a couple of the Board members that did not agree that the city code was applicable to the golf course to replace the trees. He stated that they asked staff to look into that issue. Chairman Dave Holt stated that the Board does not have the authority to tell staff or the Respondent what to do. He stated that this is a situation that would be discussed with City Council. Board member Alfred Mannella stated they should forgive the fine because he does believe they have the right to determine the design of a golf course. Al Mannella made a motion to forgive the fine for Case 2013-50: seconded by Larry Seidler The vote was 4-3"in favor of forgiving the fine, with Board members Dave Holt, Chandra Myers, and Tom Gorgone opposing Tom Gorgone made a motion to reduce the fine for Case 2013-49 to $250 to be paid by November 19, 2013; seconded by Chandra Myers. The vote was 6-1 in favor of reducing the fine, with Board member Larry Seidler opposing CASE NO. 13-967 Masthead, LLC Land on Masthead Blvd. to Grand Hwy. Clermont, FL 34711 LOCATION OF VIOLATION: Land on Masthead Blvd. to Grand Hwy., Clermont, FL 34711 VIOLATION: Chapter 14, Section'14-9 (302.4) IPMC 2012, Weeds 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 City of Clermont Code of Ordinances due to the property currently being overgrown with tall grass and weeds in excess of 18 inches. Compliance of this violation will be when all of these vacant lots have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of-way to the pavement. Additionally the hill and the fence line along Grand Highway should be suitably trimmed. 2 CITY OF CLERMONT MINUTES - CODE ENFORCEMENT BOARD OCTOBER 15, 2013 Paul Svejda, 6881 Kings Point Parkway, Suite 111, Orlando, stated that he represents Masthead, LLC. He stated that they obtained the property after Phil Edgington passed away. He stated that they wanted to develop the property however were unable due to the economy. He stated that there was a mortgage in excess of $3,000,000 and is currently assessed at $100,000. He stated they do have a company that will mow on a regular basis. He stated that they have had issues getting through the gate to access their property because the gate code did not work. Bill Rini made a motion to find the Respondent in repeat violation of Chapter 14, Sections 14-9 (302 4) with a total fine of$4,800 to be assessed for the violation that occurred from September 13, 2013 to October 7, 2013, seconded by Chandra Myers The vote was 6-1 in favor of finding the Respondent in repeat violation and fine, with Board member Ken Forte opposing CASE NO. 13-971 Vanessa Mitchell & Marie Y. Lyons 304 Giovani Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: 304 Giovanni Blvd., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35; Maintenance and 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: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the oak tree located in the front yard of the property that was severely topped, shaped and over pruned. Prior violation was June 11, 2012. Compliance of this violation will be when the following is completed in its entirety: Obtain a tree removal permit to remove the affected tree. Plant one approved canopy tree that meets the following criteria: A minimum of 12 feet in height immediately after planting, a minimum of 6 foot spread a minimum of 3 inch caliper, FL Grade 1 or better. There must be a total of three approved canopy trees on the property. Additional tree may be required if the property does not meet the minimum requirements. Vanessa Mitchell, 304 Giovani Blvd., stated that she hired a lawn man and he trimmed the trees. She stated that she did not tell him to trim the tree and did not warn him to not trim the tree. She stated that she did not mean for this to happen again. Board member Tom Gorgone asked the Respondent if she understood that the tree will not recover because it has been severely hacked. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 Ms. Mitchell stated that she does not understand what he means by it will not recover. Board member Tom Gorgone stated that the tree will never grow the way it should grow because it has been pruned improperly. Ms. Mitchell stated that she didn't know that and doesn't know anything about oak trees. She stated that all she wanted was to get her grass cut. Marie Lyons, 304 Giovani Blvd., stated that Ms. Mitchell only asked the man to mow the grass. She stated that when she left for work, the guy was at lunch because it was raining, so she did not instruct the man to not trim the tree either. Board member Ken Forte stated that he is not in agreement of making a homeowner replace a tree that has very little damage in his opinion. He stated that everything grows back in Florida. He stated that this tree does not look damaged. Board member Tom Gorgone stated that it has been determined by the state arborist that pruning the trees this severely will not recover and grow as intended. Board member Larry Seidler stated that we are almost in the dormant season, so nothing will be growing. Board member Alfred Mannella stated that he is not in agreement of making the homeowner replace the tree. Tom Gorgone made a motion to find the Respondent in violation of Chapter 118, Sections 118- 35, with a fine of$100 00 per day for every day the violation exists past December 17, 2013; - seconded by Chandra Myers The vote was 3-4 in favor of finding the Respondent in violation and fine, with Board members Ken Forte, Larry Seidler, Bill Rim, and Al Mannella opposing. Ken Forte made a motion to find the Respondent not in violation of Chapter 118, Sections 118- 35; seconded by Bill Rim The vote was 3-4 in favor of finding the Respondent not in violation, with Board member Bill Rini, Dave Holt, Chandra Myers, and Tom Gorgone opposing. Board member Tom Gorgone stated that this is a clear violation. He stated that the tree will not recover. He stated that by saying this Respondent is not in violation of this code, and then the Board will not be able to violate others. He stated that this tree was brought before the Board last year as a violation. He stated if Board members feel this code is not correct, this is not where it needs to be discussed. Board member Bill Rini stated that as the code is written there is a clear violation, but how do you define the severity of the pruning. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 Board member Tom Gorgone stated that he has full confidence in city staff's interpretation of the arborist's definition of a hacked, racked, or severely pruned tree. He stated the Board is not trained to make that determination, only to determine if there is a violation or not a violation. Code attorney Valerie Fuchs stated that it's the Board's discretion as to whether there is a violation or not based on staff's presentation. She stated if the Board does not like the way the code is written, then they need to address City Council and request them to change it because you don't want to enforce the code as it is written. Board member Ken Forte stated that no arborist has looked at this tree. He stated that he does not believe this tree is damaged beyond recovery. City attorney Dan Mantzaris suggested that the city request an arborist to look at the tree and provide a report for the Board. Code attorney Valerie Fuchs stated that the Board can request staff to provide a report from an arborist for each tree case that is brought before the Board. Tom Gorgone made a motion to postpone this case to November 19, 2013, seconded by Chandra Myers The vote was 6-1 in favor of postponing the case, with Board member Al Mannella opposing CASE NO. 13-968 Pinnacle Health Corp. Two vacant lots located in the 1600 block of Hunt Trace Clermont, FL 34711 LOCATION OF VIOLATION: Two vacant lots located in the 1600 block of Hunt Trace, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(3) Unlawful Maintenance of Nui 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 excessive accumulation of tall grass and weeds on the property, in excess of 18 inches. Compliance of this violation will be when the premises have been mowed 50 ft in from the property line, and around the entire perimeter of the properties. This includes being uniformly trimmed and mowed, including the street right-of-way to the curb, with all clippings removed from the property. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 Tom Gorgone made a motion to find the Respondent in violation of Chapter 34, Sections 34-61 (1)(3), with no fine to be assessed at this time; seconded by Chandra Myers The vote was unanimous in favor of finding the Respondent in violation CASE NO. 13-970 Citrus Tower Professional Center, LLC Citrus Tower Professional Center common area Clermont, FL 34711 LOCATION OF VIOLATION: Citrus Tower Professional Center common area, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2) Unlawful Maintenance of Nuisances 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 following: The excessive accumulation of weeds and grass over 18 inches in the parking area and on the vacant parcels. Grass and weeds are overhanging the curbing and into the road. Broken tree limbs on a vacant property along Hunt St. Miscellaneous debris and garbage on the properties. Compliance of this violation will be when the premises have met the following: All weeds and grass have been trimmed below 18 inches, and cut vegetation has been cleared and removed from the property. This includes all of the retaining walls. The parking lot area, sidewalks, and road curbing is cleared of all grass, weeds and garbage. The four vacant parcels located on the southeast corner on Hunt St. must be maintained far enough down the hill so that no overgrown weeds or grass are visible from any adjacent roadway. There are broken limbs from a tree located on the north side of Hunt St. The vacant lots along Medical Court are mowed 50 ft back from all roads and adjacent developed properties. Bill Rini made a motion to find the Respondent in violation of Chapter 118, Sections 118-35, with a fine of$250 00 per day for every day the violation exists past October 25, 2013, seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 CASE NO. 13-969 Citrus Tower Professional Center, LLC Citrus Tower Professional Center retention area Clermont, FL 34711 LOCATION OF VIOLATION: Citrus Tower Professional Center common area, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2) Unlawful Maintenance of Nuisances 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 following: The excessive accumulation of weeds and grass over 18 inches in the retention area, on the property, and int g into the road. Grass and weeds are overhanging the curbing and into the road. Miscellaneous debris and garbage are on the properties. Compliance of this violation will be when the premises have met the following: All weeds and grass have been trimmed below 18 inches, and vegetation has been cleared and removed from the property. Sidewalks and curbing are cleared of all grass and weeds, and edged. The grass and weeds that have grown into the road is to be removed. The property and retention area is cleaned of all garbage and plant material. Bill Rini made a motion to find the Respondent in violation of Chapter 118, Sections 118-35, with a fine of$250 00 per day for every day the violation exists past October 25, 2013; seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation Chairman Dave Holt requested that city staff bring the fine and lien list to the next meeting so that they can make recommendations for possible foreclosures. He stated every time the Board is faced with tree issues it causes strife on the Board. He suggested that staff could provide an arborist report with every case or guidance to find a way to not have so much strife on this subject. Board member Bill Rini stated that he finds it disconcerting that the Board cannot be more unified about the tree violations. He stated that he understands that it is written as a violation, but how do they play into a code violation. Code attorney Valerie Fuchs stated that the Boards jurisdiction is to look at the code as adopted by the Council. She stated that if the city says it's a violation because of the evidence provided, and that compliance is only as stated. She stated that the Boards jurisdiction is to determine whether it is or is not a violation of the city code as presented. She stated that if the Board 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 15, 2013 members do not like how the code is written, and then they need to go before Council as a citizen and ask the Council to change the code. Chairman Dave Holt stated that anything can help the Board by providing additional information when presenting the tree cases. Board member Tom Gorgone stated that the Board had this discussion approximately seven months ago. He stated that he thought they were unanimous in a decision to not debate the legality of the city code before the community because it puts the Board in bad light. He stated that the Board should not be arguing with staff or each other in front of the residents. Board member Ken Forte stated that he wants more understanding on the applicability of the landscape code pertaining golf courses. Chairman Dave Holt stated that the Board would like the city to look at the applicability of the tree code over the four golf courses within the city. There being no further business, the meeting was adjourned at 7:42 p.m. A Dave Holt, hairman Attest: Rae Chidlow, Code Enforcement Clerk _ l 8