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04-18-2017 Code Enf Minutes City of Clermont MINUTES CODE ENFORCEMENT HEARING April 18, 2017 The City of Clermont Code Enforcement Hearing for April 18, 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, Lori Crain, Code Enforcement Officer, Barbara Hollerand, Development Services Director, John E. Kruse, Senior Planner, Joell Folmar, Zoning Technician, Yvette Brown, City Attorney, and Jane McAllister, Planning Specialist. The meeting was called to order at 1:30 p.m. Code Enforcement Officers Evie Wallace and Lori Crain, along with any of the public who may testify, were sworn in. City Attorney, Yvette Brown said that Item#4 Case Number C2017-000069 had met compliance and would not be heard. She went on to introduce each case before the Special Magistrate. The order of the Item numbers was changed to allow for the cases whose respondents were present to be heard first. Item 2- Case Number: 2016-000712 Respondent: Sonia Ruiz Property Address: 2619 Cedaridge Circle, Clermont, FL 34711 Code Enforcement Officer Wallace presented the case. The Respondent, Ms. Ruiz was present and testified that her contractor will be ready to proceed with the repairing or replacing the deteriorating retaining wall on her property in two weeks. She stated that she has already paid him half of his fee. She stated that the retaining wall should have nothing put on top of it. Her neighbor, Rob Schneider of 2623 Cedaridge Circle said his wooden fence is on the other side of the retaining wall and needs to be repaired. He said that the HOA wants nothing to do with this matter. Mr. Schneider claims that the retaining wall has shifted up against his fence and damaged it. To replace the retaining wall Mr. Schneider's fence has to be removed and he wasn't to be compensated for that. Special Magistrate Leigh Kyer explained that this was not the forum for discussing recompense for damage to his fence. It is only to address the code violation. Ms. Gonzalez, daughter of Ms. Ruiz said that her mother should not have to compensate Mr. Schneider. Disposition: The property was deemed to be in violation of City Code 302.7 Accessory Structures, and Section 122.344 Building Permit Required. The respondent has until July 17, 2017 to comply. After that date the fine will be$100.00 per day until compliance is met. Item 3- Case Number: 2016-000694 Respondent: Gary Butler, Jr. Property Address: 793 West Chestnut Street, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. The Respondent was present and did not wish to testify. However, the respondents father Gary 1 City of Clermont MINUTES CODE ENFORCEMENT HEARING April 18, 2017 Butler, Sr. of 14411 Jim Hunt Road, Clermont, FL 34711 testified that plans had been submitted and rejected, and that new plans had been resubmitted at this time. Disposition: In violation of City Code. If the resubmitted plans are not approved, and permits issued by May 18, 2017 there will be a fine of$100.00 per day until compliance is met. Final compliance will be met when all inspections are complete and meet code. Item 7- Case Number: C2015-000292 Respondent: Kaz Woods KJP Florida Investments, LLC Property Address: 730, 732, 738, & 740 East Minneola Ave, Clermont, FL. Code Enforcement Officer Crain presented the case. The respondent was present and asked that the City not place a lien against the property and that the fine assessed at the rate of$250.00 per day accrued from December 1, 2016, to January 19, 2017, (50 days) for a total of$12,500.00 be reduced to $1,000.00. He stated that the property was not compliant because he had problems with contractors who didn't show up when they were supposed to. He said his partners in the firm blame him for the problems,but that he lives out of town and was not able to oversee the property. Disposition: The City agreed to a reduction of the fine down to $1,500.00 if it is paid in full by May 18, 2017. If not, the fine reverts back to the original $12,500.00 and the City will place a lien on the property. Item 9- Case Number C2016-000637 Respondent: Reper's Window Solutions LLC Property Address: 1266 Commons Court, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. The respondent, Louis Reper, of 7907 Florida Boys Ranch Road, Clermont, FL was present and stated that the work was done prior to his purchasing the property. He said plans went to the engineer on Feb. 3, 2017, and he has applied for permits. He asked for an extension to June 15, 2017 to be in compliance. Disposition: In violation of City code. Permits must be pulled by May 15, 2017, and the property must be in compliance by June 15, 2017, or there will be a fine of$250.00 per day until compliance is met. Item 10-Case Number C2017-000108 Respondent: Michelle Peters & Grady Taylor Property Address: 972 W. Juniata Street, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. The respondent, Michelle Peters, 12406 Lake Valley Dr., Clermont, FL 34711 was present and stated that she is having trouble gaining access to the tenant's apartment. She said she has served him with an eviction notice, and he will be out of the apartment on April 30, 2017. Ms. Peters asked why this is considered a repeat violation when it is on two separate sides. Officer Crain explained the part of the code that determines a repeat violation. Building Inspector William Colvin testified to the electrical violations on the property including 2 City of Clermont MINUTES CODE ENFORCEMENT HEARING April 18, 2017 wiring used on the outside of the building and not encased in weather tight casing. Disposition: In violation of City code and fined $500.00 per day since March 29, 2017, until compliance is met. Respondent was advised that she can ask for a fine reduction when the property is in compliance. Item 8- Case Number: C2017-000018 Respondent: Rajesh Ramphal Property Address: 128 Lombard Circle, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. The respondent was present and stated that he has been away and unable to comply. As of this morning things are being cleaned up. Disposition: In violation of City code. Must meet compliance by May 15, 2017, or be fined at the rate of$100.00 per day. Item 1- Case Number: C2017-000113 Respondent: Clermont GC LLC (Golden Corral) Property Address: 1555 Grand Highway, Clermont, FL. 34711 Code Enforcement Officer Wallace presented the case. The Respondent was not present. Disposition: In violation of Chapter 122 Section 122-344; Building permit required. Not in compliance. They have submitted plans that have not yet been approved. If they are not in compliance by June 27, 2017 they will be fined at the rate of$250.00 per day until compliance is met. Item 5- Case Number: C 2016-000711 Respondent: WT Holding, LLC and Ronald Vanderkuhl Property Address: 624 Prince Edward Ave., Clermont, FL 34711 Code Enforcement Officer Crain presented the case. The Respondent was not present. Disposition: In violation of City code. Request for a lien is granted in the amount of$37,200 which will continue to accrue at$300.00 per day until compliance is met. Item 11- Case Number C2017-000115 Respondent: WT Holdings, LLC & Ronald Vanderkuhl Property Address: 624 Prince Edward Ave., Clermont, FL 347611 Code Enforcement Officer Crain presented the case The respondent was not present. Disposition: In violation of City code and deemed a serious threat to the public health. A fine of $500.00 per day since March 31, 2017, will continue until compliance is met. 3 City of Clermont MINUTES CODE ENFORCEMENT HEARING April 18,2017 Item 6- Case Number: C2016-000409 Respondent: Jeffery Bratta Property Address: 1852 Vale Drive, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. The respondent was not present. Disposition: In violation of City code. A fine of$100.00 per day from Nov. 1, 2016 to March 31, 2017, for a total of$16,900.00 shall continue at that rate of$100.00 per day until compliance is met. With no further scheduled hearings, the hearing adjourned at 3:18 pm. 4