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03-17-2015 Code Enf Minutes CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 17, 2015 The regular meeting of the Code Enforcement Board was called to order on Tuesday, March 17, 2015 at 6:00 p.m. Members attending were Chairman Dave Holt, along with Board members Ken Forte, Larry Seidler, Bill Rini, Alfred Mannella, and Harvey Rosenberg. Also attending were Barbara Hollerand, Development Services Director, Evie Wallace, Code Enforcement Supervisor, Lori Cram, Code Enforcement Officer, Valerie Fuchs, Code Enforcement Attorney, Dan Mantzaris, City Attorney, Manvon Adams, Permit Tech, and Rae Chidlow, Planning Specialist. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of February 17, 2015 were approved as written. Chairman Holt read the Opening Remarks. Code Enforcement Supervisor Evie Wallace and Code Enforcement Officer Cram, along with any of the public who may testify, were sworn in. Chairman Holt gave the floor to Code Enforcement Staff and City Attorney. CASE NO. 2015-000013 Lennar Homes, Inc. 1395 Heritage Hills Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: 1395 Hentage Hills Blvd., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 Building Permit Required City Attorney Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Cram, 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 building permit required for: any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and zoning department of the city acting as administrative officer of the regulations contained in this land development code. Compliance of this violation will be when the following conditions are met: Three sets of building plans have been submitted and approved and when proper permits have been obtained from the Building Official's Office. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 17, 2015 Board member Forte asked how this was brought to her attention. Ms. Crain stated that a co-worker in Development Services brought it to her attention. Board member Rosenberg stated that the photos look like they just moved some furniture. Ms. Crain stated that it was brought to her attention after it was remodeled so she is not sure what it looked like previously. She stated that she was told that they had remodeled the inside and moved into this portion of the building without providing any plans. Board member Rosenberg stated that Lennar existed there previously, and he said it just looks like they moved furniture. Ms. Crain stated that the Fire Inspector told her that they had made changes. He stated that the Building Official spoke to them on the phone, and they knew they had to get permits. Code Enforcement Supervisor Evie Wallace stated that when she received the complaint, it came from Building Official Mark Grenier. She stated that when she inspected the building, it did not look like the photos. She stated that it was empty and looked like possible electrical work had been done. She spoke with the clubhouse manager who confirmed that electrical work had been done. She stated that no permit was issued for this work. She stated that she contacted Lennar, and she gave them some time to apply for permits, but after time passed, Ms. Crain created a code case. Board member Rini asked if there are any floor plans that show what was there previously. City Attorney Dan Mantzaris stated that there are no documents that reflect the changes. He stated that the sign on the door indicates that there was enough work being done that they had to relocate the normal business operations. Chris Johnson, Vice-President of Construction for Lennar Homes, 8390 Champions Gate Blvd., Champions Gate, stated that they were notified of the violation. He stated that he met Building Official Mark Grenier at the building. He stated that they want to comply with the expectations and have filed for a permit. He stated that the construction was completed prior to filing for a permit. He stated that this construction was completed prior to him being put into this position. He stated that Lennar made a mistake, and they are working to correct this violation. He stated that he would like to request an extension for compliance in order to address comments they received for the permit. Board member Rosenberg made a motion to find the Respondent in violation with a fine of$250 per day for every day past March 30, 2015; seconded by Board member Forte. The vote was unanimous in favor of finding violation and amount of the fine. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 17, 2015 CASE NO. 2015-000035 Ivan Lagares- & Olga Gomez 181 W. Minnehaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 181 W. Minnehaha Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-348 Building Permit Required; Chapter 14, Section 112, Stop Work Order; Chapter 14, Section 308.1 Rubbish and Garbage City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Supervisor Evie Wallace, 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: Starting/finishing a structure without a permit and the accumulation of rubbish or garbage on the property. Compliance of this violation will be when an after-the-fact permit is issued and all exterior property and premises and the interior of every structure, are free from any accumulation of rubbish or garbage. Board member Rosenberg made a motion to find the Respondent in violation with a fine of$100 per day for every day-past May 18, 2015; seconded by Board member Seidler. The vote was unanimous in favor offending violation and amount of the fine. CASE NO. 2015-000045 Martin Wright Estate 775 E. Juniata St. Clermont, FL 34711 LOCATION OF VIOLATION: 775 E. Juniata St., Clermont, FL 34711 REPEAT VIOLATION: Chapter 14, Section 302.4 Weeds City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Crain, 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: Overgrowth of weeds and grass (Section 302.4 Weeds). Compliance of this violation will be when the following conditions 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 17, 2015 are met: When all premises and exterior property shall be maintained free from weeds or plant growth in excess of 18 inches. Board member Rosenberg made a motion to find the Respondent in repeat violation with a fine of$25 per day in violation (total of 18 days)for a total fine of$450; seconded by Board member Seidler. The vote was unanimous in favor of finding violation. CASE NO. 2015-000046 Amy Odum Estate East end of E. Juniata St. Clermont, FL 34711 LOCATION OF VIOLATION: East end of E. Juniata St., Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34-95 Prohibit Storage of Certain Items City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Crain, 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: Keeping, storing or allowing of dismantled, nonoperative, discarded machinery, vehicles or parts: several lawn care items and miscellaneous pieces of machines, etc. on property. Compliance ance of this violation olation will be when the following conditions are met: When all items are removed from property. Board member Rosenberg made a motion to find the Respondent in repeat violation with a fine of$500 per day for every day past February 26, 2015. Motion fails due to lack of a second Board member Rini made a motion to find the Respondent in repeat violation with a fine of$100 per day for every day past February 26, 2015 until complied; seconded by Board member Seidler. The vote was unanimous in favor offending violation and amount of the fine. Chairman Holt asked staff if someone was cutting down a tree, do they have a right to stop someone from cutting down the tree if they don't have a permit. City Attorney Dan Mantzaris stated that a Building Official can put a stop work order on any work being done without a permit, but that may not pertain to a tree. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 17, 2015 Code Enforcement Supervisor Wallace stated that when they do find that it is a preferred tree that is being removed, they will cite the homeowner and they will be required to replace the tree. She stated that stop work orders are only for actual work, not for tree issues. There being no further business, the meeting was adjourned at 7:05 p.m. diA A Dave Holt, Chairman Attest: Uit-ttLN- � 9.. Rae Chidlow,Code Enforcement Clerk 5