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05-16-2017 Code Enf Minutes City of Clermont MINUTES CODE ENFORCEMENT HEARING May 16, 2017 The City of Clermont Code Enforcement Hearing for May 16, 2017 took place in the Council Chambers at City Hall beginning at 1:30 pm with Special Magistrate Leigh Kyer presiding over the hearing. Also attending were Evie Wallace, Code Enforcement Supervisor, Terry Dykehouse, City Engineer, Dan Mantzaris, City Attorney, and Jane McAllister, Planning Specialist. The meeting was called to order at 1:30 p.m. Code Enforcement Officer Evie Wallace, along with any of the public who may testify, were sworn in. Item 3- Case Number: C2016-000364 Respondent: Singh, Ramlakhan & Munida Property Address: Clermont, FL. Disposition: IN COMPLIANCE Mr. Mantzaris said Item #3 is in compliance and will not be heard today. He went on to introduce the next case. Item 1- Case Number: C2017-000172 Respondent: Jonigian, Janet Lee Property Address: 2280 Lakeview Avenue, Clermont, FL 34711 Code Enforcement Officer Wallace presented the case. Mr. Mantzaris said the property is currently in compliance, but the infraction occurs on a regular, if not continuous basis. Violation: Truck and Trailer parking. Code Enforcement Office Wallace wants the violation to be recorded so that if it occurs again it will be a repeat violation Dave Thornton, 2280 Lakeview Ave, Clermont, FL 34711 Mr. Thornton is the son of the owner and resides at this address. He stated the truck is never parked there for more than 24 hours at a time. Mr. Thornton submitted a copy of his log to prove that point. He said he is in City of Clermont rotation with the Police Department, and does not park there when he is not on call. He also has a smaller truck that is parked there once in a while. He stated he parks there on his lunch hour from time to time. Mr. Thornton stated that the truck is under 15,000 pounds. However the Department of Motor Vehicles lists it as 16,900 pounds as net weight and over 25,000 gross weight. Mr. Thornton said a truck that is 16,000 pounds can be used in making service calls. He also said the only time the truck is parked there is when he is home for lunch or on call. Mr. Mantzaris said that City Code says this type of vehicle cannot be parked at that location at City of Clermont MINUTES CODE ENFORCEMENT HEARING May 16,2017 all regardless of the weight of the vehicle, and that even if the vehicle met the weight requirement, a commercial vehicle is not allowed considering the character of the neighborhood, which is residential. He asked that Magistrate find the respondent in violation. Disposition: In violation, but no penalty at this time. The respondent was warned that if there is an additional violation the penalty would be severe. Mr. Mantzaris introduced the case. Item 2- Case Number: C2017-000114 Respondent: Foxchase Homeowners Association, Inc. Property Address: 3514 Foxchase Drive, Clermont, FL 34711 Code Enforcement Officer Wallace presented the case. Violation: (1) Erosion control. (2) Grading&Drainage. Terry Dykehouse, City Engineer, was present to answer any questions. Magistrate Kyer asked Ms. Dykehouse if when it was platted, was Nottingham in the Legends meant to drain into the drainage easement in Foxchase. Ms. Dykehouse had no answer as she did not have the plat available. Officer Wallace said the Legends have been trying to mitigate any water runoff problems they have. Mr. Mantzaris said that the drainage easement is on the plat of Foxchase, and they are responsible for maintain this drainage area. . Ms. Karen Wonsetler, attorney for Foxchase stated that Foxchase engineer's report has been given to Code Enforcement, she gave copies to the Magistrate and to the City Atty. Ms. Wonsetler stated that runoff from Legends private lots is the cause of the problem. Since it is not Foxchase property they have no way to correct the situation. Ms. Wonsetler said that Foxchase takes the position that Legends should install erosion control from their lots, and that Foxchase is being forced to maintain a drainage easement that Legends drains into. Ms. Wonsetler said that drainage easement had been sodded and the sod has been washed away because of drainage from Nottingham at the Legends. The Magistrate stated that this hearing is only to determine if there is a violation, and who is responsible to sod and/or mulch the easement area. According to Ms. Wonsetler the drainage easement has always been a sodded area. Jack Sergio, P.O. Box 490023, Leesburg, FL 34749 said he is the association manager for 2 City of Clermont MINUTES CODE ENFORCEMENT HEARING May 16, 2017 Foxchase. He was asked how recently it was the drainage easement had been sodded. Mr. Sergio said it was sodded about 5 years ago, and that landscape crews are out on a weekly basis, but they haven't be to the drainage easement recently. Patrick Howell an attorney on behalf of Nottingham at Legends added that Legends wants to be a good neighbor to Foxchase. He said Foxchase came after Legends was built and that according to the HOA's individual homeowners are responsible for the maintenance, and operation of the swales on their lots. Not the association. Ms. Barbara Rice association manager for Nottingham at Legends said she inspects individual properties approximately once a month. Property owners have maintained sod on their lots next to the fence that separates their property from the drainage easement on the Foxchase property. The Magistrate asked Mr. Mantzaris what happens if they re-sod the drainage easement and the sod washes away. Are they responsible for re-sodding again and can they be cited again. Mr. Mantzaris said they will be held responsible for keeping the easement area maintained. A problem exists in this easement area and something has to be done to address it. The Magistrate asked Ms. Wonsetler if 90 days was enough time in which to correct the problem. Ms. Wonsetler answered that if it was only sod it would be enough time,but not with grading. The Magistrate asked Mr. Mantzaris if Foxchase sods within 90 days would they be compliant? Mr. Mantzaris said something more needs to be done to this property to deal with the problem. The Magistrate said this is a civil dispute that needs to be resolved between property owners or associations. Mr. Mantzaris agreed that it is a civil matter,but that the violation needs to be addressed. The Magistrate said that this is not the proper forum to make Foxchase fix the problem. She said she would not find Foxchase in violation. She added that we can't ask Foxchase to maintain the drainage easement when it is not their water that is creating the problem. Disposition: Refrain from finding Foxchase in violation of Sec. 94.199 Required Soil Conservation Measures, and Section 302.2 Grading and Drainage in this matter After the disposition the following people asked to speak: Alfred Walker, lives in Nottingham, Legends. Mr. Walker said he doesn't know why you would put up a vinyl fence between two subdivisions. He said he walked the easement a year ago and there was more than ample vegetation. Mr. Walker said he and a neighbor built a retaining wall that will stop some of the water. Mr. Walker said there are retention walls everywhere in 3 City of Clermont MINUTES CODE ENFORCEMENT HEARING May 16, 2017 Clermont. One should have been built when Foxchase came in and it would have stopped the problem. Steve Place, a resident of Nottingham, Legends said he installed a pool and had to build a retaining wall for that. Mr. Place said his pool deck is slipping away from his house due to the erosion, and it is becoming an issue for his pool. With no further scheduled hearings, the hearing adjourned at 2:42 pm. 4