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11-19-2013 Regular Code Enf Board Meeting CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 19, 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 October 15, 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 13-974 has complied and will not be heard. He stated that the city did not receive service on case 13-980 and it is being removed from the agenda. CASE NO. 13-971 Vanessa Mitchell &Marie Y. Lyons 304 Giovam 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 read the letter from Chris Otremba, Sr. Forester, Certified Arborist with the State of Florida. Vanessa Mitchell, 304 Giovam Blvd., stated that she doesn't agree with the letter from the arborist. She stated that the tree was not healthy when she moved in and she should have told the developer to remove it. She stated that she fertilized the tree to make it healthy. She stated that it was a mistake that it was tnmmed. Chairman Dave Holt asked if she was in agreement with staff's recommendation of 30 days. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 Marie Lyons, 304 Giovani Blvd., stated that they nourished the tree after they moved in because it was not growing. She said that they didn't know in the beginning that it was wrong to tnm the tree in the manner it was trimmed. She stated that they are being told to remove a tree that is healthy. She stated that it costs money to remove the tree and purchase a new tree. Tim Murry, 574 E. Desoto St., stated that the tree is still very healthy looking. He stated that years later the tree might start showing some damage but he does not see any need to remove the tree at this time. He stated that he recommends the Board allows the tree to stay. City attorney Dan Mantzaris stated that the city agrees to extend the compliance date to 60 days. Board member Ken Forte stated that he knows there is a code, but he is against having a homeowner spend needless money to remove and replace trees. Ken Forte made a motion to not find the Respondent in violation; seconded by Al Mannella. The vote was 2-5 so the motion failed, with Board members Larry Seidler, Bill Rini, Dave Holt, Chandra Myers, and Tom Gorgone opposing. Tom Gorgone made a motion to find the Respondent in violation with a fine of$100 per day for every day in violation past February 18, 2013, seconded by Chandra Myers. The vote was 6-1 in favor offinding violation and the fine, with Board member Ken Forte opposing. CASE NO. 13-973 Bank of Camden 214 2nd Street Clermont, FL 34711 LOCATION OF VIOLATION: 214 2nd Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (108, 108.1.1-108.1.5; 108.2; 109.2; 110.1; 301.3) IPMC 2012; Chapter 122, Section 122-146; R-2 Zoning; Chapter 86, Section 86-283; Abandonment of nonconforming use 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: The main residence of the property has been unoccupied and without all active utilities since October 1, 2012. The garage apartment has been unoccupied and without all active utilities for approximately three years. In such time, neither building has been maintained or repaired as needed. The garage is unsafe and lacks 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 garage doors preventing unauthorized entry. It remains accessible to transients, children, animals, etc. and can be considered very dangerous due to many areas of the garage that are out of plain sight, and cannot be seen from the street. The garage also has unpermitted structural and plumbing work which could pose hazardous to anyone who enters. There are two stairways that are unsafe; one located in the rear of the garage apartment, and one on the north side of the main building. The garage apartment stairs were not properly permitted, do not meet current code, and there are areas of wood rot. The stairs of the main building serve as an emergency exit for the upstairs unit, and can be accessed by anyone at any time. There are no locks or gates preventing entry. Furthermore, the stairway leads to the flat roof of the building which is in poor condition and extremely dangerous due to lack of proper maintenance. Across the street approximately 60 feet away is Cypress Ridge Elementary School. There are 600 students, grades Pre-K to 5th grade that attend the school. Many students walk to and from school and pass by this property, which creates an attractive nuisance and an extreme danger. Additionally, there are young children residing directly next door and across the street from this property. One block away just south of the property is Waterfront Park. This city park and beach area is open to the public every day. This property is within close walking distance to the park and beach, and is a serious blight to the community and residents. The multi-unit building on this property is in serious disrepair, and has become an extreme blight, and a safety and health risk to anyone who enters the premises. There is apparent water intrusion throughout the building, and the ceilings and walls have become soft. Some ceilings have suffered collapse or near collapse, and mold is seen throughout the building. This constitutes a serious and possible life-threatening situation to anyone who enters. The flat roof constitutes a serious danger, due to the following: The roof has been utilized as a "hang-out" by tenants, and has suffered damage from improper care and poor maintenance. Tar has been used on the roof to repair leaks and holes, and to correct drainage issues. This makes it difficult to detect the past damage and address any significant areas of concern. The bottom storage area located in the rear of the building remains unsafe due to the unpermitted structural, plumbing and electrical work. Exterior surfaces of the building are not intact, there are large holes for animals and insects to enter, peeling paint, rotted window and door frames, and there are areas of the exterior building that are not weather resistant which is allowing more water intrusion. There is significant concern for the structural integrity of the building due to the lack of basic maintenance, failure to obtain proper structural, electrical, and plumbing permits, faulty repairs done by the prior owner, dangerous air quality from mold, and rotten wood supports from the water intrusion that has remained untreated and has affected this building for years. Due to abandonment, the garage no longer maintains its non-conforming use. The building is also extremely unsafe. The structure is considered "abandoned" due to the discontinuation of use for more than 12 consecutive months; approximately three years. The garage wing wall is located two feet outside the property line. Additionally, the garage does not meet the current setbacks, which are 7.5 feet in the rear and 25 feet in the front. Currently the building is 0.1 feet inside the rear property line and the front setback is 24.2 feet. The concrete driveway on the 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 south side of the property is outside of the property line. The stairway was not properly permitted and also overhangs the adjacent property. It is in extreme disrepair due to wood rot and poor structural modifications. It is a nuisance,blight, and hazard to the adjacent property that it abuts. There are large holes in multiple locations around the building that allow water and rodents to enter. There is significant damage and rot around the roofline and the widows. There are areas of the exterior building that are falling off and crumbling into pieces onto the ground. There are invasive vines that have grown up the side of the building that are now entering into the building through the roof, windows, and holes in the building. The garage and apartment lacks proper fire walls for tenant separation. Compliance of this violation will be when the following conditions are met: Due to the abovementioned conditions and lack of response to repair or to make the premises safe, the condition of the property poses a serious threat to the public health, safety and welfare. The multi-unit building must be demolished, or submit a full scope of work and obtain all required permits for complete restoration of the building by October 30, 2013. All work must be completed and finaled by the building department within six months after the permits are issued. The garage structure must be demolished, or meet all of the following criteria: Provide adequate safeguards to secure the garage so that there can be no unauthorized entry. Be granted a setback variance by the city for the building to remain in its present location. Submit a scope of work and obtain all required permits to fully restore the building to its original use; this includes eliminating the apartment and stairs in the rear of the building. Repair the exterior buildings holes, windows, walls, etc.- _ After October 1, 2013, the entire property and all structures will be considered abandoned (non- use for 12 consecutive months). The property and all uses that currently exist will be required to meet current R-2 zoning requirements. This would include but is not limited to: Conditional Use Permit approval for more than three units (currently there are four in the multi-family building), meeting all commercial site requirements such as parking and landscaping, and obtaining all necessary variances for building setbacks and lot size. Compliance is required by December 3, 2013, with the exception of any work requiring permits which must then be finaled by the building department within six months after the permits are issued. All necessary permits for demolition must be obtained, and all debris must be completely removed from the property. Board member Al Mannella asked when did the bank take title of the property and how long has this property been vacant. Ms. O'Shea stated that title was transferred on May 16, 2013 and the property has been vacant since October 1, 2012. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 Charles Kohler, 476 N. Highway Al A 4B, Satellite Beach, stated that he represents Bank of Camden. He stated that this was a contested foreclosure because there were occupants on the property. He stated that when the tenants abandoned the property, the foreclosure proceeding was finaled. He stated that they were unaware that the property was not secured and once they found out, they immediately secured the property. Fred Anderson, 720 Delmar St., Lake Wales, stated that they secured all the doors and windows that could be reached without a ladder. He stated that the staircase was blocked off, and he believes there is a plan to remove the stairs so that there is no access to the roof. He stated that the garage doors have been framed in and blocked off. Mr.-Kohler stated that as soon as they can get someone with a torch, they will have the metal staircase removed since there is a school nearby. He stated that there are bids still outstanding to make repairs to the property. He stated that this bank does property restoration. He stated that this property does need a lot of work, but they do believe they can turn the property into a three- unit building. He stated that he is asking for a 30-day extension to obtain the permits needed to make the repairs. He stated that he is asking the Board not make a decision on not allowing occupancy of the property. Board member Tom Gorgone asked when the property was occupied. Mr. Kohler stated that his recollection was that the property was occupied up to the time of the final judgment for foreclosure. Board member Ken Forte asked if the term occupied meant that rent was being received. Mr. Kohler stated that the occupants were those of Wayne Thomas, and he feels that the tenants were not paying rent. Board member Bill Rini asked if the bank or the client was going to do the due diligence on this property to bring the property up to current code. Mr. Kohler stated that the bank hired a contractor who will follow the procedure that is needed in order to obtain the permits to bring the property to current code. Mary Ellen Tucker, 241 Orange Ave., stated that she agrees and supports staffs recommendation. She read a letter into the record. Al Mannella made a motion to find the Respondent in violation with a fine of$250 per day for every day in violation past December 3,-2013, seconded by Chandra Myers. The vote was unanimous in favor of finding violation and the fine. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 CASE NO. 13-976 Pinnacle Health Corp. Vacant lots located in the 1600 block of Hunt Trace Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lots located in the 1600 block of Hunt Trace Blvd., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.2) IPMC 2012; Grading& Drainage 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 failing to control the erosion and runoff of soils on the property. Compliance of this violation will be when the property is properly graded and maintained so that soil is not washing into the road or onto adjacent properties. The washed out areas along the hill should be backfilled and stabilized as necessary. Additionally, all dirt must be removed from the roadway. A silt fence is permitted, but should not be used permanently. Glen Jones, 255 Citrus Tower Blvd., stated that he works for Pinnacle Health. He stated that the most recent photos provided do not do the site justice. He stated that the amount of dirt on the roadway is about 12 ounces. He stated that the neighbors were using the property to unload their equipment for the construction next door. He stated that they will have to address the issue with the construction company so that they will discontinue using their property. He stated that the grading has been leveled. He stated that they plan to put silt a fence up to prevent the dirt from washing out into the street and to plant grass seed. Board member Larry Seidler stated that grass is going to take about five months before it grows because it is the dormant season right now. Board member Bill Rini asked what the Respondent plans to do if the erosion starts again. Mr. Jones stated that the erosion is due to the damage to -the property due to the heavy equipment, and that once the swales to the retention area are repaired, the erosion should stop. Board member Tom Gorgone stated that most developers use sod to prevent erosion, which seems to be a more permanent fix, rather than using silt fences. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 Mr. Jones stated that he is trying to get the neighbors to stop destroying the property and to pay for the damage. Tom Gorgone made a motion to find the Respondent in violation with a fine of$150 per day for every day in violation past December 17, 2013, seconded by Bill Rini. The vote was unanimous in favor of finding violation and the fine. CASE NO. 13-977 Richard &Joyatri Prashad 3111 Pizzaro Place Clermont, FL 34711 LOCATION OF VIOLATION: 3111 Pizzaro Place, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71 & 118-111; Minimum Tree Requirements & Required. 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 removal of a canopy tree without obtaining a permit, and failure to maintain three required canopy trees on the property. Compliance of this violation will be when the following is completed: An after-the-fact tree removal permit application must be obtained. Plant one tree on the property that meets the following criteria: Preferred canopy tree from the approved list, a minimum of 12 feet in height after planting, a minimum of 3 inch caliper, FL Grade 1 or better. Joyatri Prashad, 3111 Pizzaro Place, stated that she found a place that will have the nght type of tree in by the next Thursday. Ken Forte made a motion to find the Respondent in violation with a fine of$50 per day for every day in violation past December 17, 2013; seconded by Chandra Myers. The vote was unanimous infavor of finding violation and the fine. CASE NO. 13-978 Maria M. & Lee Levy 835 Princeton Drive Clermont, FL 34711 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 LOCATION OF VIOLATION: 835 Princeton Drive, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35; Maintenance &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 improper care/pruning of a required canopy tree in the front yard of the residence. 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. Plant one tree that meets the following criteria: Preferred canopy tree from the approved list, a minimum of 12 feet in height after planting, a minimum of 3 inch caliper, FL Grade 1 or better. Lee Levy, 835 Princeton Drive, stated that the tree looks like it's alive. He stated that the tree is not weak or falling, but they got the tree removal permit anyway. He stated that after they obtained the tree removal permit, they found out that it was going to cost about $500 to remove and replace the tree. He stated that he needs more time to replace the tree. He stated that he would like 90 days for compliance if he has to replace the tree. Tom_G orgone made a motion to find the Respondent in violation with a fine of$50 per day for every day in violation past February 18, 2013; seconded by Chandra Myers. The vote was unanimous in favor of fi_ndingviolation and the fine. CASE NO. 13-979 Cyril Van Wyatt 1047 Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 1047 Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (308.1, 302.7, 302.4, 605.4, 305.5, 304.13, 305.3, 302.3, 302.1) IPMC 2012 City Attorney Dan Mantzaris introduced the case. The Respondent was present. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 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: Miscellaneous debris and materials scattered around the property, consisting of, but not limited to, buckets, furniture, tires, storage bins, blocks, pipes, bags of garbage, etc (Section 308.1 Accumulation of rubbish or garbage). Fencing is in disrepair. (Section 302.7 Fences). Grass and weeds in the front and backyard, which are in excess of 18 inches. (Section 302.4 Weeds). Unsafe electrical extension cords being used in the backyard. (Section 605.4 Wiring). Hand railing from the back door does not meet code. (Section 305.5 Handrails & Guards). Broken window in the rear property. (Section 304.13 Windows). Interior walls and the ceiling have suffered damage due to a fire that started in the rear bedroom. (Section 305.3 Interior Surfaces). The driveway apron is broken and unsafe for vehicle travel. (Section 302.3 Sidewalks and driveways). The intenor property is cluttered and unsanitary. There are miscellaneous items piled up in various rooms, general filth consisting of dirt on the floors and blood smeared on the walls. (Section 302.1 Sanitation) Compliance of this violation will be when the following conditions are met: All above- mentioned refuse and miscellaneous items should be removed from the property, or stored in a completely enclosed location as to not create a nuisance or an eyesore. Repair the fence so that all slats are intact and panels are secure. Mow grass/weeds below 18 inches. Remove all extension cords being used. Submit an application, engineered drawings and applicable fees for a permit for the rear railing to the zoning department located in City Hall. Repair the broken window. Repair all interior walls and ceilings that suffered damage from the fire. Submit an application and site plan for repair of the driveway apron to the zoning department located in City Hall. Clean the interior, removing all trash and dirt, piles of clothes, baskets, etc., clean the blood and dirt from the walls. Pat Stone, mother of Cyril Wyatt, 30 Berkshire Drive, West Palm Beach, stated that on July 5, 2013, the renters exploded a chemical causing a fire in the southeast bedroom. She stated that the window was broken out to try to put the fire out before the fire department arrived. She stated that they came to Clermont to secure the property. She stated that they had to hire a lawyer to have the tenants evicted which took longer than they had expected. She stated that in late September they received the violation from the city. She stated that they have been trying to work on the property as much as they could. She stated that they hired Mr. Derek Englebert to complete the cleanup and violations. She stated that three individuals from the Amencan Legion contacted them about purchasing the property and told them that they would take care of the property. She stated that the cleanup of the property has not been completed, and the individuals from the American Legion have not come forward with an agreement to purchase the property. She stated that they intend to comply with all the violations, however, they are asking for an extension. Board member Tom Gorgone asked who would be completing the work to comply with the violations. 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 19, 2013 Ms. Stone stated that she and a few friends from the area will be completing the work. Tom Gorgone made a motion to find the Respondent in violation with a compliance date of March 18, 2014 with no fine assessed at this time. Should the property not comply by March 18, 2014, the case will be brought back before the Board; seconded by Al Mannella. The vote was unanimous in favor offending violation. CASE NO. 12-860 Clara M. Freeman Vacant lot 200 block, Highway 50 Clermont, FL 34711 REQUEST: Authorize to Foreclose City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Tom Gorgone made a motion to authorize Council to move forward to foreclose on property;, seconded by Ken Forte. The vote was unanimous in favor of authorizing Council to move forward to foreclose. There being no further business, the meeting was adjourned at 8:33 p.m. 00a,AS64-- Dave Holt, Chairman Attest: 1 --Sk).- _...Q.-4.__i Rae Chidlow, Code Enforcement Clerk 10