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City attorney Dan Mantzaris stated that case 13-954 has been withdrawn from the agenda.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.
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CITY OF CLERMONT
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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.
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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.
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CITY OF CLERMONT
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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.
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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.
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CITY OF CLERMONT
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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
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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
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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
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