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09-19-17 Code Enf Minutes City of Clermont MINUTES CODE ENFORCEMENT HEARING September 19, 2017 The City of Clermont Code Enforcement Hearing for September 19, 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, Dan Mantzaris, City Attorney, Barbara Hollerand, Development Services Director, John Kruse, Senior Planner, 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. City Attorney, Dan Mantzaris said there were people present for 1, 2, 4th and 5th cases. He introduced the first case saying that staff realizes that there is cooperation from a neighbor that is required to make the repair and that cooperation has not been forthcoming. They are asking that the compliance date be changed to April 18, 2018. Staff recommends this matter be continued until April 18, 2018. That would be retroactive. Item 1- Case Number: C2016-000712 Respondent: Sonia Ruiz Property Address: 2619 Cedaridge Circle, Clermont, FL 34711 Violation: Accessory Structures, Building permit required. City Attorney Dan Mantzaris presented the case. This matter came before the Code Enforcement Special Magistrate of the City of Clermont for hearing on April 18, 2017, and the Special Magistrate having heard sworn testimony and received evidence from Evie Wallace, Code Enforcement Officer for the City and having noted that Respondent was present, thereupon issues the following Findings of Fact, Conclusion of Law, and Order: Based on the findings and conclusion of law, it is hereby Ordered that: 1) Respondent shall correct the violation on or before July 17, 2017 by taking the remedial action as set forth in the Violation Notice dated January 6, 2017. If the respondent fails to timely correct the violation a fine of One Hundred Dollars ($100.00) will accrue for each day the violation continues past the compliance date as stated above. 2) Respondent bears the burden of, and shall contact the City of Clermont Code Enforcement Department to arrange for a re-inspection of the Property and to verify that the violations have been corrected, and the property has been brought into compliance with the City Code Sections as cited in the violation notice. Respondent shall call (352)241-7304 to request an inspection. 3) Any fine imposed shall accrue from the date it is imposed until the date that the violation is corrected as verified by the City of Clermont Code Enforcement Department. Done and ordered April 27, 2017. 1 City of Clermont MINUTES CODE ENFORCEMENT HEARING September 19,2017 Sonia Ruiz, 2619 Cedaridge Circle, said she has given a down payment to the contractor. He has not been able to make repairs because the neighbor is insisting that she take down his fence and then provide a new fence, and also provide some plantings. She placed a letter into evidence that the neighbor, Mr. Schneider, sent to her with his demands. Mr. Rob Schneider 2623 Cedaridge Circle, said the respondent has stalled this job for a long time. He said he wishes to have the retaining wall repaired. The wall is leaning against his fence. In order to repair the wall his fence needs to come down. He said she can take his fence down to fix the wall, and he would like his fence replaced. He said he has no objection to the extension until April 18, 2018. Disposition: Compliance date to be extended to April 18, 2018. Item 2- Case Number C2016-000678 Respondent: Bank of America NA Property Address: 165 Carroll Street Motion to Lien Code Enforcement Officer Crain presented the case. At the August Code Enforcement Hearing the City Attorney suggested that this matter could be held over until the next meeting with the Special Magistrate. The Disposition at the last meeting before the Special Magistrate was that the case was continued until September 19, 2017. Officer Crain inspected on September 18, 2017, and it still is not in compliance. Cindy Diaz on behalf of Bank of America, said her client believes they are in compliance. Anything that is not in compliance is due to Hurricane Irma. Special Magistrate suggested postponing until the October meeting if they are not in compliance because of the hurricane. Officer Crain said there is still trash, and other violations that have been there all along and not caused by the hurricane. Officer Crain said she even offered to meet someone at the property to explain what needs to be done in order to become compliant. City Attorney Mantzaris asked that a lien be imposed on the property in the amount of the fine of $250.00 per day that has accrued since March 13, 2017, and continue to accrue at the rate of $250.00 per day until compliance is met. 2 City of Clermont MINUTES CODE ENFORCEMENT HEARING September 19, 2017 Disposition: The Special Magistrate issued an order imposing a fine and creating a lien on the property in the amount of$250.00 per day from March 13, 2017, and continuing to accrue until compliance is met. Item 3- Case Number: C2017-000212 Respondent: Plaza 630 LLC Property Address: 630 Highway 50, Clermont, FL. 34711 Violation: Prohibited Signs. Code Enforcement Officer Crain presented the case. The mattress store put up excessive signs trying to get business. Officer Crain requested they be fined at the rate of$100.00 per day starting on Oct 20, 2017, Disposition: Currently in compliance, previously in violation. Item 4-Case Number C2017-000308 Respondent: Ricky& Connie Wright Bayview Loan Servicing LLC Property Address: 650 Anderson Street, Clermont, FL 34711 Violation: Roofs and Drainage, Mechanical Equipment, Electrical Equipment, Exterior Structure, Insect Screens, Property Maintenance, Sanitation , Enumeration of prohibited items, conditions or actions constituting nuisances, Weeds Code Enforcement Officer Crain presented the case: She said she believes the house is in foreclosure, and that there are squatters living there even though there are no utilities. The respondent was not present nor was a representative of the respondent. Code Enforcement asked that the respondent be fined at the rate of$250.00 per day starting on October 20, 2017,until compliance is met. Disposition: In violation, to be fined at the rate of$250.00 per day if compliance is not met by October 20, 2017. Item 5 —Case Number C2017-000311 Respondent: Orlando One LLC Property Address: 1209 North Jack's Lake Road, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. 3 v w City of Clermont MINUTES CODE ENFORCEMENT HEARING September 19,2017 Violation: Property Maintenance, Sanitation, Enumeration of prohibited items, conditions or actions constituting nuisances. Officer Crain said there is junk in the backyard, trees need trimming, etc. Property is vacant She asked that they be found in violation and be fined at $100.00 per day after Oct 19, 2017, until compliance is met. Yarmmys Vargas, Representative for All County, 801 North Magnolia Ave, Suite 401 Orlando 32808, 407-802-2379, said the lawn was cut a while ago, she said she was not aware of all the trash on the property, and said they are doing additional work to clean it up. Officer Crain asked that the respondent be found in violation and fined $100.00 per day after October 20, 2017, until compliance is met. Disposition: In violation, a fine of$100 per day be assessed for every day after Oct 20, 2017, that the property is not in compliance. Item 6—Case Number C2017-000361 Respondent: Fred Jackson Property Address: 598 Highland Avenue, Clermont, FL 34711 Code Enforcement Officer Crain presented the case. Violation: Property Maintenance, Sanitation, Enumeration of prohibited items, Creation or Maintenance of Nuisances, Disposal of Garbage, Motor Vehicles, Vehicles. Officer Crain received calls from neighbors regarding the trash and vehicles around the yard. Mr. Jackson said he understands what needs to be done. He said he could be in compliance by Oct. 20, 2017,but asked for more time because he will have a hard time trying to get someone to repair the fence due to all the hurricane work. He will have until Nov. 20, 2017. City Attorney Mantzaris told Mr. Jackson that the city is waiving permit fees for 30 days after the hurricane and suggested that he should take advantage of that. Code Enforcement is asking that respondent be fined at the rate of$100.00 per day from Nov 20, 2017, until compliance is met. If he is in violation again it will be regarded as a repeat offense. Disposition: In violation. Respondent to be fined at the rate of$100.00 per day after November 20, 2017,until compliance is met. With no further scheduled hearings, the hearing adjourned at 2:30 p.m. 4