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06-13-2017 Code Enf Minutes t O City of Clermont MINUTES CODE ENFORCEMENT HEARING June 13, 2017 The City of Clermont Code Enforcement Hearing for June 13, 2017 took place in the Council Chambers at City Hall beginning at 1:30 p.m. with Special Magistrate, Leigh Kyer, presiding over the hearing. Also attending were Lori Crain, Code Enforcement Officer, Evie Wallace, Code Enforcement Supervisor, Bob Spears, Building Inspector for the City of Clermont, Dan Mantzaris, City Attorney, and Jane McAllister, Planning Specialist. The meeting was called to order at 1:30 p.m. Code Enforcement Officer Lori Crain, along with any member of the public who may wish testify, were sworn in. Item 1- Case Number: C2017-000210 Respondent: Plaza Collina Common Area& Don Mealey Chevrolet Property Address: State Road 50 Clermont, FL. Alt. Key: 1592381 Violation: Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts. Mr. Mantzaris announced the first case and said that the property is currently in compliance. Code Enforcement Officer Crain presented the case. Code Enforcement found it necessary to open and close this case several times because there would be compliance and then the violation would recur. That being the case, Code Enforcement Officer Crain asked that if the violation is repeated again the respondents be brought back before the Magistrate as repeat offenders. Mr. Bevin Wesley, CFO, Don Mealey Chevrolet, 17185 SR 50, Clermont, FL 34711 present. Mr. Wesley said the issue of display of vehicles has been dealt with as employees have been instructed not to park vehicles in the right of way. Mr. Wesley said they have safety concerns due to the way the entrance was constructed. He said there have been situations where people get to the dead end and then in an attempt to turn around,back over the curb and roll down the embankment. He said they placed cars on the road as to keep people from turning the wrong way, and then having to make a U-turn. The vehicles were used as a barrier to keep cars on the right road to the entrance,rather than as a display. Mr. Wesley said it was more of a safety issue, and wasn't disrespect or disregard for the rules. Jonathan Hutes, Esq, with the law firm of Lowndes, Drosdick, Doster, Kantor&Reed, 215 N. Eola Drive, Orlando, FL., for Plaza Collina. Mr. Hutes said that Plaza Collina was included as a respondent because of the parking issue. He asked if the disposition could be limited to Don Mealey Chevrolet since they are the ones who actually violated the code. 1 City of Clermont MINUTES CODE ENFORCEMENT HEARING June 13,2017 Mr. Mantzaris said that Plaza Collina is the property owner. That is why both parties were cited and both are appearing here today. He said further that both parties were aware of the design and engineering of the entrance before it was built. Mr. Mantzaris said the access drive is part of Plaza Collina, and Don Mealey Chevrolet is a tenant. Mr. Mantzaris asked that Plaza Collina be included as a respondent in any further actions regarding this particular code violation. Disposition: In violation. Currently compliant. However, if there is a repeat of this violation both parties can be brought back before the board as repeat offenders. Item 2- Case Number: C2017-000228 Respondent: James Williams, Trustee Property Address: 754 East Desoto Street, Apt.4, Clermont, FL 34711 Mr. Mantzaris introduced Item #2 by saying that the notice for this matter was sent out recently, on June 7, 2017. He said the matter has been expedited because of the health and safety issues associated with the condition of the property Code Enforcement Officer Crain presented the case. Violation: Unsafe Structures and Equipment. Scope; Mechanical Equipment; Electrical System Hazards; Electrical Equipment; Fire Protection Systems. James Williams, 614 E. Highway 50, Suite 184, Clermont, FL 34711, owner of the property. Mr. Williams said he made some attempts to make repairs before he left the state on vacation. The Special Magistrate, Ms. Kyer, said there are health and safety issue for the tenants. Mr. Williams said he was not aware of all the electrical problems. Mr. Bob Spears, Building Inspector with City of Clermont, was questioned by Ms. Kyer. Mr. Spears said he tested the electrical receptacles. All were not properly wired. Ms. Kyer asked Mr. Spears if there was anything electrical that could not be repaired within a month. Mr. Spears said that it could all be repaired within a month. Mr. Williams said there is no one living in that unit now, and that he can hire an electrician so that it will be safe for someone to live there. 2 r City of Clermont MINUTES CODE ENFORCEMENT HEARING June 13, 2017 Mr. Williams asked if he could have more time to make repairs. He said he didn't think he could get it all done by July 10, 2017. Ms. Kyer said that it needs to be fixed quickly. Mr. Williams said no one is occupying that apartment at this time. Mr. Mantzaris said the other units are at risk because of the electrical problems. Ms. Tammy Hood, 3804 Meadowbrook Avenue, Orlando, FL, 32808. Ms. Hood is the former tenant who was forced to vacate the unit because of the code violations. Ms. Hood said she told Mr. Williams several times about the electrical issues and that Mr. Williams said if he couldn't see the problem, an electrician couldn't see the problem. She further stated that Mr. Williams said that she was responsible for the condition of the stove, and refused to fix it. Ms. Hood said there is mold in the apartment, rodents, and other vermin, holes in the ceiling and walls, and a space between the molding and the floor. Ms. Hood said that Mr. Williams said she rented the apartment in that condition, and that repairs are the responsibility of the tenant. Ms. Hood stated that Mr. Williams couldn't be reached when she was being evicted by code enforcement, as he was out of town and didn't leave anyone in charge in case of an emergency. She said she didn't cause the violations, but had to pay her lease for a year in advance, because she showed no income. She feels that Mr. Williams did not address the problems in her apartment since he had already had been paid in advance. Mr. Mantzaris said the City is on top of this problem and will be watchful. Disposition: In violation. The owner will be fined at the rate of$250.00 per day for every day after July 10, 2017, that the property remains in violation of code. The property is in violation and presents health and safety issues to the other tenants in the complex. With no further scheduled hearings, the hearing adjourned at 2:20 p.m. 3