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08-15-17 Code Enf Minutes City of Clermont11 MINUTES CODE ENFORCEMENT HEARING August 15, 2017 The City of Clermont Code Enforcement Hearing for August 15, 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, Dan Mantzaris, City Attorney, Barbara Hollerand, Development I Services Director, John Kruse, Senior Planner, and Jane McAllister, Planning Specialist. ji The meeting was called to order at 1:30 p.m. Code Enforcement Supervisor Wallace and Code Enforcement Officer Lori Crain, along with any member of the public who may wish testify, were sworn in. Dan Mantzaris said that there were respondents or their representatives present for Item 1 and Item 10, and asked that they be heard first. Item 1- Case Number: C2017-000125 Respondent: John P Adams &Ann D. Adams, Family Property Address: 2575 East Highway 50 (Metro PCS) Clermont, FL 34711 11 Violation: Unpermitted work for a change of use in the unit where Metro PCS is locate. I Code Enforcement Supervisor Wallace presented the case. This site changed from a restaurant to cell phone store without permits. The plans that have been i ' submitted have been rejected because they were incomplete Officer Wallace showed photos of the changes in the site. She recommend a fine of$250 per day for every day they are in violation September 15, 2017. II Building Official Mark Grenier said that the Life Safety inspection request said "change of use, no alteration. However, during the inspection, the Fire Inspector noted the changes in the unit 1 • and the Building Department was notified. The restaurant and plumbing fixtures were deleted, gas lines were terminated, exhaust fans were removed from the roof, and floor drains covered. j The new tenant needed to submit a demolition plan prior to demolition, along with their proposal for the renovation, so there would be a before and after record. The city requested as-built • drawings of what they have now. I was submitted in June, and the City offered guidance as to what changes needed to be made. They have not been back with new drawings since then. Lou Falto property manager for the building, and has been for about a year.. He represents the Adams family. He said the contractor now was not the original contractor. He was not sure who submitted the as-built drawings. Mr. Falto stated that when his company took over management of the building there was no restaurant equipment in the unit. It was bare walls, a counter and a 11 water heater. He said there was a pizza restaurant previously, and when they closed they took all the equipment with them. 1 Ij. City of Clermont MINUTES CODE ENFORCEMENT HEARING August 15, 2017 Mr. Falto said he is trying to work with the contractor and the tenant to rectify the situation. He said they submitted a fire life safety plan to the City that was rejected. Another plan has been submitted, and is being reviewed at this time. He stated he hopes to have the plan approved within a week or so. He added that he is clear as to what the city needs for him to do, and if it is not done properly by this contractor he will hire a contractor himself to take care of the matter. Mr. Falto asked for extension of time to address the situation. Disposition: Special Magistrate Kyer found that this property is in violation. A fine of$250.00 per day will accrue every day after Sept 15, 2017. Item 10- Case Number C2016-000678 Respondent: Bank of America NA Property Address: 165 Carroll Street City Attorney Mantzaris introduced this case saying that it goes back to February 2017. An order was entered for several violations of the city code. There has been no compliance to date. The City has asked for a lien on the property for the fine of$250.00 per day which has accrued since March 12, 2017 for a total of$39,750.00 to date. The City hope this will encourage the owner to meet compliance. Violations: Accessory Structures, Exterior Structure, Fence Maintenance, Enumeration of prohibited items, conditions, or actions constituting nuisances, Creation or Maintenance of Nuisance by Property Owner Declared Unlawful, Unsafe Structure, Vacant Structures and Lands. Attorney Cindy Diaz spoke on behalf of Bank of America NA, saying that the debris should have been cleaned up by today and the rest should be in compliance by August 17, 2017. She asked for an extension on the lien. City Attorney suggested that this matter could be held over until the next meeting with the Special Magistrate. Disposition: The Special Magistrate continued this case until September 19, 2017. Item 2- Case Number: C2017-000133 Respondent: Luis M. & Amparo R. Ochoa Property Address: 2010 The Crescent, Clermont, FL. 34711 Violation: Unpermitted structure(shed) observed by building inspector while inspecting a roof. 2 City of Clermont MINUTES CODE ENFORCEMENT HEARING F' August 15,2017 Code Enforcement Supervisor Wallace presented the case. The respondent not,present. There was_no one_presentto represent_the respondent._ Officer Wallace said that engineering plans need to be submitted before the owners can receive a building permit. Recommend a fine of$100 per day for every day after Nov 15, 2017 Disposition: In Violation. Assess a fine of $100.00 per day for every day the property is in • violation after Nov 15, 2017: Item 3-Case Number C2017-000053 Respondent: Lindenhurst Realty Group, Inc. Property Address: 998 Highway 50, Clermont, FL 34711 Violation: Property Maintenance, Sanitation,Maintenance and Pruning, Quality of Landscaping. Code Enforcement Officer Crain presented the case: It The respondent wasnot present. There was no one present to represent the respondent. They were first cited in February, 2017. They applied fora variance regarding the landscaping so the case was put on hold. The variance request was subsequently denied and they were issued a hearing notice for the violation. There was dead landscaping that has been replaced, the irrigation system has been repaired and as of today August 15, 2017, they.are in compliance. We recommend that they are deemed to have been in violation, are now in compliance, but if they become non-compliant in the future it be treated as a repeat violation. I. Disposition: The Special Magistrate finds that the respondent is in compliance as of this date, but if they become non-compliant it will be treated as a repeat violation. =. Item 4—Case Number C2017-0002. 95 • Respondent: IP9 MF Clermont LLC Property Address: 600 River Birch Court, Clermont, FL 34711 (Madison Park) Code Enforcement Officer Crain presented the case. The respondent was not present. There was no one present to represent the respondent. Violation: Property Maintenance, Enumeration of prohibited items, conditions or actions constituting nuisances. . 3 City of Clermont MINUTES • CODE ENFORCEMENT HEARING August 15,2017 Officer Crain stated that there have been previous issues with this respondent not mowing the property. She said that the property is in compliance as of this date, but recommends that if it becomes non-compliant in the future it be treated,as a repeat violation. Disposition: The Special Magistrate found that the respondent had been in violation, and is now compliant. If they are cited for the same violation in the future it will be treated as a repeat violation. ii Item 5 —Case Number C2017-000302 Respondent: Peter W Wu Property Address: 1546 Nightfall Drive, Clermont,FL 34711 Code Enforcement Officer Crain presented the case. The respondent was not present. There was no one present to represent the respondent. This is a property maintenance case that has been in violation the past 2 summers. The property does not get mowed by property manager or the tenant. The property is in compliance as of this date, but the recommendation is that if there is a future violation it be treated as a repeat violation. . Violation: Property Maintenance, Enumeration of prohibited items, conditions or actions I constituting nuisances. Disposition: The Special Magistrate found that the property was in violation, and is in compliance as of this date. If this property becomes non-compliant in the future it will be treated as a repeat violation. Item—6 Case Number C2017-000305 Respondent: Tiproel LLC ET AL li Property Address: Vacant lot on Bloxam Ave adjacent to Orange Grove, Clermont, FL 34711 I' Code Enforcement Officer Crain presented the case. j. The respondent was not present. There was no one present to represent the respondent. Orange: groves overgrown with weeds along Bloxam Ave. Recommendation is that the respondent be found in violation and charged a fine at the rate of$250.00 per day after August 31, 2017. 4 ' 1I City of Clermont MINUTES CODE ENFORCEMENT HEARING August 15, 2017 Violation: Property Maintenance, Enumeration of prohibited items, conditions or actions constituting nuisances. I Disposition: The Special Magistrate found the property in violation. She assessed a fine of $250.00 per day after Aug 31, 2017, If this property is in violation in the future it will be treated as a repeat violation. 1 P - j Item 7 Case Number C2017-000314 Respondent: Cheroban LLC Property Address: New construction at Orange and East Ayes. Code Enforcement Officer Crain presented the case. The respondents were not present. There was no one to represent the respondent present. i I Violation: Maintenance and Pruning. Officer Crain said this is a repeat violation,but is in compliance as of the last inspection. Disposition: The Special Magistrate found that although the property is now in compliance it is a repeat violation, and was in violation from July 11, 2017, through August 4, 2017. She assessed a fine of$500.00 per day for that period for a total fine of$12,500. Item 8 -Case Number C2017-000341 j. Respondent: Suntrust Mortage, Inc. Property Address: 1218 Shorecrest Circle Code Enforcement Officer Crain presented the case. The respondent was not present. There was no one present to represent the respondent. Ij Officer Crain said this is a repeat violation, and that there has been no compliance. She recommends that that a fine of$500.00 per day which has accrued since July 18, 2017, continue to accrue until compliance is met. -Violation: Exterior Structure, Property Maintenance, Enumeration of prohibited items, conditions or actions constituting nuisances. 5 City of Clermont MINUTES CODE ENFORCEMENT HEARING August 15, 2017 Disposition: The Special Magistrate finds that the property is not in compliance at this time. It has accrued a total of$14,500 in fines to date since July 18, 2017, and will continue to be fined at the rate of$500 per day until compliance is met. Item 9—Case Number C2017-000115 Respondent: WT Holdings LLC &Ronald Vanderkuhl Property Address: 624 Prince Edward Presented by City Attorney Mantzaris who is requesting a lien on the property for a fine of $500.00 per day which has accrued since March 31, 2017 for a total of$69,000.00 to date, and will continue to accrue at that rate until compliance is met. Violation: Swimming Pool, Spa and Hot Tub. Disposition: The Special Magistrate imposed a lien in the amount of$69,000 to date, which shall continue to accrue at the rate of$500.00 per day until compliance is met. With no further scheduled hearings, the hearing adjourned at 2:16 p.m. 6