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03-19-2013 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING TUESDAY MARCH 19, 2013 CITY HALL at 685 WEST MONTROSE STREET At 6:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES OF THE CODE ENFORCEMENT BOARD MEETING FOR FEBRUARY 19, 2013 OPENING STATEMENT SWEARING IN WITNESSES AGENDA moommmoommommommommomommommommommmmmmmmmmmmmmmmmmmmmmmmmmmmmmmummamommmmmmmmmmI OTHER BUSINESS CASE NO. 13-916 Chinnor Corporation O'Shea 201-301 Bloxam Ave. Clermont, FL 34711 UPDATE: Chapter 14, Section 14-9 (302.2) Failure to Maintain Erosion CASE NO. 13-917 O'Shea P&G Motor Repairs Limited 309-323 Bloxam Ave. Clermont, FL 34711 UPDATE: Chapter 14, Section 14-9 (302.2) Failure to Maintain Erosion NEW BUSINESS CASE NO. 13-927 O'Shea David S. Fitch 2008 Country Brook Ave. Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 & 34 Unpermitted Work & Unpermitted Fence CASE NO. 13-928 O'Shea Jaipersaud & Gladys G. Rajkumar Vacant lot on E. Minneola Ave. east of 730 E. Minneola Ave. Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4, 302.5, 301.3, 38-4) Exterior Property Maintenance CASE NO. 13-929 O'Shea CODE ENFORCEMENT BOARD MEETING TUESDAY MARCH 19, 2013 CITY HALL at 685 WEST MONTROSE STREET At 6:00 P.M. Nationstar Mortgage, LLC 350 Highland Drive Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (109.1, 108.1.1, 108.1.3, 110.1) Unsafe Structure ************************************************************************************* CASE NO. 13-930 O'Shea David & Arnettia Wright 811 Scott St. Clermont, FL 34711 VIOLATION: \ Chapter 14, Section 14-9 (108.1.3, 304.1.1 (11)) Unsafe Structure/Property Maintenance ************************************************************************************ CASE NO. 13-931 O'Shea Belgian Capital Fund, LLC South Lake Medical Arts Center Oakley Seaver Blvd. Alternate Key 3877287 Clermont, FL 34711 VIOLATION: Chapter 122 Section 122-344 Expired Permit Discussion of Non -Agenda Items ADJOURN Any person wishing to appeal any decision made by the Code Enforcement Board at this meeting will need a record of the proceedings. For that purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act (ADA), if any person with a disability as defined by the ADA needs special accommodation to participate in this proceeding, then not later than two (2) business days prior to the proceeding, he or she should contact the Planning and Zoning Department at 352-241-7302. Please be advised that if you intend to show any document, picture, video or items to the Council or Board in support or opposition to any item on the agenda; a copy of the document, picture, video or item must be provided to the Recording Clerk for the City's records. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 19, 2013 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members Ken Forte, Alfred Mannella, Larry Seidler, Chandra Myers, and Thomas Gorgone. Also attending were Barbara Hollerand, Planning & Zoning Director, Suzanne O'Shea, Code Enforcement Officer, Allen LaClair, Water Conservation Coordinator/Code Enforcement Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. Planning and Zoning Director Barbara Hollerand introduced herself to the Board. The minutes from the Code Enforcement Board meeting of January 15, 2013 were approved as amended. Code Enforcement Chairman Dave Holt read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. CASE NO. 12-816 Jean A. & Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 624 Prince Edward Ave., Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. Wayne Vaughn, 1500 Sunset Blvd., stated that he is the owner of W. T. Holdings which is the company that purchased the property at 624 Prince Edward Ave. He stated that he had to clear some issues with the IRS that involved the property. He stated that the settlement with the IRS was dealt with and he was able to work on the property to bring the property into compliance. He stated that he is asking for full forgiveness of the fine. Ken Forte made a motion for full forgiveness of the fine: seconded by Chandra Mvers. The vote was unanimous in favor of forgiveness of the fine. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 CASE NO. 13-920 Pulte Home Corporation Verde Ridge Subdivision Clermont, FL 34711 LOCATION OF VIOLATION: Verde Ridge Subdivision, Clermont, FL 34711 VIOLATION: Chapter 54, Section 54-1, Obstructions on Streets or Sidewalks; Chapter 122, Section 122-341, Accessory uses and Structures; Chapter 50, Section 50-31, Franchise Agreement Required City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions that exist at multiple locations in Verde Ridge subdivision: A port -a -let is located in the right-of-way and tipped over onto its side, at Dagama/Inca Ave. (Sec. 54-1 Placing articles or obstructions on streets or sidewalks; notice to remove). Dumpsters are being placed in the right-of-way, in addition to being stored on vacant lots and being used by resident for their personal garbage. Dumpsters are also being stored on the cul-de-sac of Pico Place. (Sec. 54-1 Placing articles or obstructions on streets or sidewalks; notice to remove, Sec. 122-341. - Accessory uses and structures). Failure to obtain a collection franchise agreement for "RSI" (Russo & Son Inc) (Sec. 50-31. - By city (franchise agreement required). Compliance of this violation will be when the premises have met the following: Port -a -lets are to be placed only on active, permitted construction sites, and should not be placed on any sidewalk, right-of-way, near any storm drain, or on vacant lots. Dumpsters are not to be placed in the right-of-way, or on any vacant property that does not have an active permit for construction. RSI must either obtain a franchise agreement with the City of Clermont for the collection of refuse within the City of Clermont or permanently remove all dumpster containers. Board member Larry Seidler asked if Pulte Homes was in compliance with all the violations with the exception of Section 50-31. Ms. O'Shea stated that yes they are in full compliance other than Section 50-31. Josh Young, 8627 Bayview Ct., Orlando, stated that he is the area construction manager for the North Florida Division for Pulte Home. He stated that they want to be 100% in compliance with all codes. He stated that Mr. Russo did recently purchase the company that is labeled on the containers and he currently has a franchise agreement with the city with his original company. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 He stated that he appreciates the thirty days to allow them the time to get the franchise agreement. City Attorney Dan Mantzaris stated that the containers will have to be in the name that is on the franchise agreement. He stated that the other option is to amend the franchise agreement to add the name of the business that is currently labeled on the containers. Board member Tom Gorgone asked if it is customary for the hauler to drop the containers onto the right of way. He stated that the containers being in the right of way, especially black containers, are a safety issue especially after dark. He stated that the port a potty that is tipped over is also a public safety and health issue. Mr. Young stated that they are changing the type of containers they will be using so they will no longer be placed in the right of way. He stated that they are finding out that the kids in the neighborhood are knocking over the port a potties. Alfred Mannella made a motion to find the Respondent in violation of Chgpter 54, Section 54-1, Placing articles or obstructions on streets or sidewalks; notice to remove; Chapter 122, Section 122-341, Accessory uses and structures; with no fine to be assessed at this time. To find the Respondent in violation of Chapter 50, Section 50-31, By city (franchise agreement required with a fine o $250 per day for every day in violation past March 19, 2013; seconded by Ken Forte. The vote was unanimous in favor of finding, the Respondent in violation with the fine and date. CASE NO.13-919 Thomas V. Izzo & Marisa E. Izzo 213 Pleasant Hill Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 213 Pleasant Hill Dr., Clermont, FL 34711 VIOLATION: Chapter 62, Section 62-33; Unlawful Truck & Trailer Parking City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the large commercial truck parked at the residence. The truck was observed parked overnight at the residence from Sunday August 5`h to Monday August 6a'. Compliance of this violation will be when the above referenced truck has 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 been permanently removed from the property, including the roadway, and properly stored at an off -site location. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with no fine to be accessed at this time: seconded by Chandra Myers. The vote was unanimous in favor o fnding the Respondent in violation with no fine. CASE NO. 13-922 Thomas Luyando 1036 Glenraven Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1036 Glenraven Lane, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71, Minimum Tree Requirement City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the removal (without replacement) of 3 required canopy trees on the subject property. Each parcel of residential property must have 3 canopy trees. Compliance of this violation will be when 3 canopy trees from the preferred tree list are planted or a variance approved by the City Council. Trees must be from the approved canopy tree list, must be 12 feet tall and have a trunk diameter of 3 inches upon planting. Palm trees are not considered canopy trees. Ken Forte made a motion to find the Respondent in violation of Chapter 118, Section 118-71, Minimum Tree Requirements, with amount of flne of $50.00 per day for every day the violation exists past April 16. 2013: seconded by Alfred Mannella. The vote was unanimous in favor of nding the Respondent in violation with the fine and date. CASE NO.13-925 Lakeview Pointe HOA Retention area at the end of North Jack's Lake Rd. Clermont, FL 34711 LOCATION OF VIOLATION: Retention area at the end of North Jack's Lake Rd., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.2), Grading & Drainage 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions: There is a large amount of sediment that is running off of the property, into the city's lift station. (Section 302.2 Grading & Drainage). Compliance of this violation will be when the premise has met the following conditions: Restabilize and resod affected areas of the slope to prevent the erosion of soils. It may be necessary to seek professional advice from a private civil engineer to assess the integrity of the slope, and establish a more suitable, long-term solution. Any alterations to the slope or to the property may require pre -approval from the City of Clermont Engineering Department. Please contact them with any questions you may have regarding this. (352) 241- 7336. Board member Alfred Mannella asked who the developer was. Ms. O'Shea stated that she does not know who the developer was. Board member Ken Forte stated that the Respondent may need sixty days to obtain the permit and complete the retaining wall. City Attorney Dan Mantzaris stated that staff feels thirty days is enough time for the work to be completed and the property manager is in agreement with the thirty days. Tom Gorgone made a motion to find the Respondent in violation of Chapter 14, Section 14-9, IPMC (Section 302.2): with a fine o $250.00 per day for every day the violation exists past March 19, 2013: seconded by Chandra Myers. The vote was unanimous in favor of nding• the Respondent in violation with the fine and date. Ken Forte nominated Dave Holt for Chairman: seconded by Tom Gorgone. The vote was unanimous for Dave Holt to be Chairman. Tom Gorgone nominated Chandra Myers for Vice -Chair: seconded by Larry Seidler. The vote was unanimous for Chandra Myers to be Vice -Chair. Chairman Dave Holt stated that there seems to be issues about HOAs being responsible for the violations when the property is owned by the HOA. He stated that it is required that the property owner be responsible for the violations regardless of the entity. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 19, 2013 Ken Forte urged the City to change the tree ordinance pertaining to pruning, topping, and shaping of the trees. Barbara Hollerand stated that city staff is looking at the tree ordinance and alternatives for the tree ordinance. Alfred Mannella stated that there are two HOAs that are 55+ communities. He stated that the three canopy trees on the smaller lots in these communities are causing an issue with the sewer systems, large vehicles driving down the street, and the lighting. Ms. Hollerand stated that this is another area of the code of ordinance that the city is looking to make changes to. She stated that they are looking at practical applications and flexibility with the tree ordinance. Tom Gorgone showed a document produced by the city in reference to the pruning and topping of trees. He stated that he would not like to see trees pruned in these manners in his neighborhood. He stated that the trees will never recover from the severe pruning. He stated that along with having leniency towards the Respondent, you also need to take in consideration the complaints of the neighbors. Chairman Dave Holt reminded the Code Enforcement Board that the meetings will begin at 6:00 pm. starting in March 2013. There being no further business, the meeting was adjourned at 8:27 p.m. Attest: Rae Chidlow, Code Enforcement Clerk Dave Holt, Chairman 6 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 13-927 Petitioner Violation No. 2230 VS. DAVID S FITCH Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday March 19, 2013 6:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall 'he Board will receive testimony and evidence at said Public Hearing and shall make such findings of act as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, David S Fitch, 2008 Country Brook Ave., Clermont, FI 34711 (Certified Mail/Return ceipt Requested# 9171 9690 0935 0030 1198 09) BY: tl�� Suzanne O' a, Code Enfor ement Officer this 6t y of March 2013, IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 18, 2013 TO: DAVID S FITCH 2008 COUNTRY BROOK AVE CLERMONT, FL 34711 CERTIFIED MAIL: 9171 9690 0935 0030 1195 33 Violation # 2230 Property Address: 2008 COUNTRY BROOK AVE, CLERMONT, FL Parcel Number: 20-22-26-1955-0001-7500 Type of Violation: UNPERMITTED WORK In Violation Of: Chapter 122, Section 122-344 Building permit required Titled: "General development conditions." (SEE ATTACHED COPY) Type of Violation: UNPERMITTED FENCING In Violation Of: Chapter 122, Section 122-34 Fences and Walls Titled: "General development conditions." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: • Unpermitted work completed at the residence, including but not limited to, the deck in the rear of the property, the concrete pavers, the fire pit, the putting green, and any other additional work that has not already been permitted by the City of Clermont. • A panel from the fence located along the front of the property is missing. Additionally, the lattice along the west side of the property is not permitted and exceeds the height for any allowable fencing. Compliance of This Violation will be when the following is met in its entirety: • A full scope of work has been submitted to the Planning & Zoning Department, detailing all work that has already been completed. • Submittal of all after -the -fact permits and engineered drawings, in addition to paying all required fees. • Resecure the fence panel located along the front of the property, and remove the lattice. Please contact the Planning & Zoning Department for details regarding the application process. (352) 241-7300 or 7301. You are required to submit all necessary permits by February 25, 2013. You are required to comply with the fencing requirements by January 28, 2013. Please contact me at soshea(W-clermontfl.org or (352) 241-7309, when you comply. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: 1AV A A PA-, S anne O'S e Code nforcement Officer Sec. 122-344. General development conditions. (a) Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and zoning department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and zoning department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All development, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity. Sec. 122-343. - Fences and walls. --" (a)Generally. All fences and walls shall be constructed in compliance with the Florida Building Code and in accordance with the dimensional and use regulations in this section. (b)Prohibited fences and walls. (1)Slatting of plastic or other material cannot be inserted into chain link fencing. No barbed wire, razor wire or similar material shall be allowed in residential or commercial districts. (2)No building permit shall be issued for any fence or wall when it is determined by the planning and zoning department that such fence or wall would obstruct visibility, would impede fire or police protection, or would seriously inhibit the free flow of light and air. (c)Height. (1)For residential uses, no fence, wall, or retaining wall shall exceed four feet in height from the front building line to the front lot line, or exceed six feet in height from the front building line to the rear property line. For corner lots, also known as double frontage lots, no fence, wall or retaining wall shall exceed four feet in height in front of the front setback line of the established district, for the street -side front facing a street or right-of-way. (See Figure 122-343A.) Decorative columns and pillars may extend up to one foot above the maximum fence or wall height. (2)Fences and walls in business, commercial and industrial districts shall be no higher than six feet. Industrial districts may also be allowed up to 24 inches of barbed wire for security. (3)Subdivision entry features and any appurtenances shall not exceed ten feet in height without approval of the city council. (d)Obstruction of vision at intersections. No walls or fences shall be permitted on corner lots within 30 feet of intersecting street rights -of -way if such a fence will obstruct traffic visibility. (e)Design and maintenance. (1)AII fences shall be maintained in their original upright condition. (2)Fences and walls designed for painting or similar surface finishes shall be maintained in their original condition as designed. (3)Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality. (4)Fences or walls having a side with exposed or irregular structural components and a more finished, uniform and aesthetically attractive side shall be constructed so that the more finished, uniform and aesthetically attractive side faces outward from the fenced property toward the adjoining property. (5)The following materials shall be acceptable for the construction of fences and walls: a.Rot- and termite -resistive wood. b.Wood which has been chemically pressure -treated to resist rot and termites. c.Noncorrosive metal or galvanized wire fabric of 11 gauge mounted on steel posts. d.Ornamental iron, concrete or masonry. (6)Walls shall have a finished top or cap block. (7)AII walls visible from the public right-of-way and adjoining properties shall be designed to incorporate an architectural finish such as stucco, split face block, brick, stone, or other material designed to disguise concrete block, or poured concrete construction. (8)Single walls and tiered wall systems must provide a minimum of five feet for landscaping in front of the wall. The five-foot landscape area shall not exceed ten percent grade. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 13-928 Petitioner Violation No. 2237 VS. JAIPERSAUD & GLADYS G RAJKUMAR Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday March 19, 2013 6:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall —he Board will receive testimony and evidence at said Public Hearing and shall make such findings of act as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Jaipersaud & Gladys G Rajkumar, 18921 S O'Brien Rd., Groveland, FI 34736 (Certified Mail/Return Receipt Requested# 9171 9490�,935 0030 1197 00) M Suzanne-,O'S4a, Code Erif&cement Officer this 6th dav of March 2013. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE PPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 28, 2013 Violation # 2237 To: JAIPERSAUD & GLADYS G RAJKUMAR 18921 S O'BRIEN RD GROVELAND, FL 34736 Certified, Return Receipts Requested #: 9171 9690 0935 0030 1196 49 Property Address: VACANT RESIDENTIAL LOT LOCATED ON E MINNEOLA AVE. (JUST EAST OF 730 E MINNEOLA AVE) CLERMONT FL 34711 Parcel Number: 24-22-25-0150-0000-0206 Type of Violation: EXTERIOR PROPERTY MAINTENANCE In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2012" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: • High grass and weeds in excess of 18 inches. (Section 302.4 Weeds) • The property has become a breeding ground for vermin, and poses a hazard for the tenants and neighbors in the adjacent area. (Section 302.5 Rodent Harborage) • There is miscellaneous debris scattered around the property, including but not limited to: branches, buckets, garbage cans, toilets, pipes, concrete, bottles, cans, paper, etc, (Section 301.3 Vacant Structures and Land) • There is an unlicensed boat located in the right-of-way of the property. (Section 38-4 Parking Storage of Recreational Vehicles) Action Required to Correct Violations: • Mow all grass and weeds; fifty feet in from the west property line, and fifty feet in from the road. (see attached aerial) • Remove/reduce all thick vegetative overgrowth that is a breeding ground for vermin; fifty feet in from the west property line, and fifty feet in from the road. This includes all low lying branches along Minneola Ave. that overhang into the right -of way. (see attached aerial) • Remove all garbage and debris located on the entire lot. • Remove the boat from the property. **All items. aarbaae. limbs. etc must be removed from the oroaerty. The Citv of Clermont's sanitation deaartment will not collect anything left curbside for pickup** Please contact me at (352) 241-7309 or soshea(aD-clermontfl.org, when you comply. You are directed to take the above action for compliance by February 28, 2013. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: Suz ne O'Shea Code E fo cement Officer CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior prop- erty shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation, 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching device is a mini- mum of 54 inches (1372 mm) above the bottom of the gate, 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 11 Sec. 38-1. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Mobile home means so-called trailers, house cars and trailer buses, which can be used as places of abode or office or storage, both temporary and permanent, and which are not self- propelled. Mobile home and recreational vehicle sales lot means an area within the city operated under a lease, or otherwise, by a duly licensed person engaged in the sale, trade or exchange of, and general repair and servicing of, new or used mobile homes. Such mobile home sales lots shall also embrace sales rooms used in the display, sale, trade and exchange of new and used mobile homes. Mobile home and recreational vehicle sales lots may be also operated in conjunction with any other duly licensed business. Recreational vehicle means any self-propelled mobile home, bus, motor home, camper, motor coach or other self-propelled vehicle which can be used or which was designed to be used as a dwelling or place of abode, and any nonself-propelled vehicle the primary use of which is for recreational purposes, including but not limited to campers, boat and horse trailers. Recreational vehicle park means a duly permitted park or other established area to carry on the business of temporary storage or occupancy of recreational vehicles. Sec. 38-4. Parking, storage of recreational vehicles used for sleeping purposes. It shall be unlawful for any persons to park and/or store for a period exceeding 24 hours any recreational vehicle upon any lot, piece or parcel of land in the city or upon any street or highway within the city, except upon permitted recreational vehicle parks or recreational vehicle sales lots, or except where such recreational vehicle is kept entirely within a closed building and not used for living or sleeping purposes, or except where such recreational vehicle is parked or stored to the rear of the building setback line according to the land development regulations of the city for the particular zone wherein the recreational vehicle is parked and/or stored. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 13-929 Petitioner Violation No. 2232 VS. NATIONSTAR MORTGAGE LLC Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday March 19, 2013 6:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of act as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Nationstar Mortgage LLC, 350 Highland Drive, Lewisville, Tx 7506 (Certified Mail/Return Receipt Requested# 9171 9690 09� )0030 1197 86) A Suzan O'Shea, Code Enforcement Officer th is 6th day of March 2013. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE 'PEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 24, 2013 To: NATIONSTAR MORTGAGE LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Violation # 2232 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0030 1194 41 Property Address: 833 SCOTT STREET, CLERMONT, FL 34711 Parcel Number: 19 22 26 0700 000 03000 Type of Violation: Unsafe Structure In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2012" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: • The building has been deemed unsafe by the City of Clermont Building Official. It currently poses a threat to the health, safety, and welfare of anyone who enters the residence. • The structure has suffered interior collapse of the ceilings and floors, and exterior collapse of the deck floor and overhang. (Section 109.1 Imminent Danger) (Section 108.1.1 Unsafe Structure) (Section 108.1.3 Structure Unfit for Human Occupancy) (Section 110.1 General) Compliance of This Violation will be when one of the following conditions is met: • A demolition permit is obtained at the City of Clermont Planning & Zoning department (contact Marivon at (352) 241-7310 with questions regarding application). Complete demolition of the building in its entirety with complete removal of all debris. OR • Obtain all necessary permits to bring the structure up to meet all current codes, which include submission of all permit fees, building applications, etc. Please contact me at soshea(cD-clermontfl.orq or (352) 241-7309, when you comply. You are directed to take the above action for compliance by: FEBRUARY 25, 2013. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board on March 19, 2013. By: ne O'Sh Codk Enforcement Officer CC: Realtor Don Robinson via email SCOPE AND ADMINISTRATION -ovisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsi- bility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or struc- ture. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more per- sons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure Is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire -resistance -rated construction, fire protection systems, electrical system, fuel con- 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is autho- rized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nui- sance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by pri- vate persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize dis- connection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the sewing utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equip- ment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equip- ment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Con- demned" and a statement of the penalties provided for occu- pying the premises, operating the equipment or removing the placard. [A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® SCOPE AND ADMINISTRATION defaces or removes a condemnation placard without the approval of the code official shall be subject to the penal- ties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penal- ties provided by this code. [A] 108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilita- tion, demolition or other approved corrective action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancyof the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endan- gered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those In the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empow- ered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. SCOPE AND ADMINISTRATION [A] 109.4 Emergency repairs. For the purposes of this sec- tion, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. [A] 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. [A] 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION [A] 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the build- ing up for future repair shall not extend beyond one year, unless approved by the building official. [A] 110.2 Notices and orders. All notices and orders shall comply with Section 107. [A] 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [A] 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, sub- ject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state, SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order Issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the require- ments of this code are adequately satisfied by other means. [A] 111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to prop- erty maintenance and who are not employees of the jurisdic- tion. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] 111.2.1 Alternate members. The chief appointing authority shall appoint a minimum of two alternate mem- bers who shall be called by the board chairman to hear appeals during the absence or disqualification of a mem- ber. Alternate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative offi- cer. [A] 111.2.5 Compensation of members. Compensation of members shall be determined by law. [A] 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's represen- tative, the code ofl5cial and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minumum of two-thirds of the board mem- bership. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' SCOPE AND ADMINISTRATION rovisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsi- bility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or struc- ture. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more per- sons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, wom loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for Its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire -resistance -rated construction, fire protection systems, electrical system, fuel con- 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is autho- rized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nui- sance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by pri- vate persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize dis- connection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equip- ment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equip- ment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Con- demned" and a statement of the penalties provided for occu- pying the premises, operating the equipment or removing the placard. [A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE® SCOPE AND ADMINISTRATION defaces or removes a condemnation placard without the approval of the code official shall be subject to the penal- ties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penal- ties provided by this code. [A] 108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilita- tion, demolition or other approved corrective action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endan- gered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empow- ered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code ofl5cia4 there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted: and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. SCOPE AND ADMINISTRATION [A] 109.4 Emergency repairs. For the purposes of this sec- tion, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. [A] 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. (A) 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION [A] 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code oMcial shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the build- ing up for future repair shall not extend beyond one year, unless approved by the building official. [A] 110.2 Notices and orders. All notices and orders shall comply with Section 107. [A] 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [A] 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, sub- ject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the require- ments of this code are adequately satisfied by other means. [A] 111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to prop- erty maintenance and who are not employees of the jurisdic- tion. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] 111.2.1 Alternate members. The chief appointing authority shall appoint a minimum of two alternate mem- bers who shall be called by the board chairman to hear appeals during the absence or disqualification of a mem- ber. Alternate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative offi- cer. [A] 111.2.5 Compensation of members. Compensation of members shall be determined by law. [A] 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's represen- tative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minumum of two-thirds of the board mem- bership. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE* Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 13-930 Petitioner Violation No. 2235 VS. DAVID & ARNETTIA WRIGHT Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday March 19, 2013 6:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of act as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, David E & Arnettia Wright, 52 131h St NW, Washington DC 2C1 (Certified Mail/Return Receipt Requested# 917 9 0 0935 0030 1197 79) Suzanne O'Shea, Codk..Efiforcement Officer toes 6th day of March 2013, IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE 'PEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 25, 2013 Violation # 2235 To: DAVID E & ARNETTIA WRIGHT 52 13TH ST NW WASHINGTON DC 20011 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0030 1196 18 Property Address: 811 SCOTT ST, CLERMONT, FL 34711 Parcel Number: 19-22-26-0700-0000-2700 Type of Violation: Unsafe Structure/Property Maintenance In Violation Of: Chapter 14, Section 14-9 Titled: International Property Maintenance Code 2012 (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: • The structure is not fit for human habitation, and has been deemed "UNSAFE" by the City of Clermont Building Official. • There has been no water or electric service to the residence since 2006. • The interior of the residence has extensive damage, in addition to broken windows. • The patio overhang in the rear of the residence shows damage and wood rot. (Section 108.1.3 Structure Unfit for Human Occupancy, Section 304.1.1(11) Unsafe Conditions) Compliance of This Violation will be when the following occurs: OR All repairs are made and all necessary permits are submitted to the Planning & Zoning Department. The building and premises must be maintained in a clean, safe and habitable condition. Demolish the structure. A demolition permit must be obtained prior to removing the structure. Additionally, all debris and miscellaneous items must be completely cleared from the property. Please call (352) 241-7309 or soshea(W-clermontfl.org, when you comply. You are required to comply by March 1, 2013. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. f By: ..� S nne 'Shea Code Enfor ment Officer SCOPE AND ADMINISTRATION provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code oillcial and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsi- bility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or Is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or ety of the public or occupants of the premises or struc- re. [A] 8.1.3 Structure unftt for�sunsae7nla man pancy.A st toreisunfit farhuman occupywher the code cial finds that such structure fwful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more per- sons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or In such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire -resistance -rated construction, fire protection systems, electrical system, fuel con- 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' GENERAL REQUIREMENTS the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained,' cod repair, structurally sound and sanitary so as not top t at to the public health, safety or welfare. 04.1.1 nsafe wnditions. The following conditions hall determined as unsafe and shall be repaired or r ced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight; 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects; 0;1.11.�erhang extensions or projections including, but limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained In good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this require- ment. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 72 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 13-931 Petitioner Violation No. 2244 vs. BELGIAN CAPITAL FUND LLC. Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday March 19, 2013 6:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Belgian Capital Fund Llc., 1111 Kane Concourse Ste 401 F, Bay Harbor Islands, FI 33154 (Certified Mail/Return Receipt Requested# 9171.9690 0935 0030 1197 93) _ BY: Suz nne O'na, Code E f cement Officer this 6tayof March 2013. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE February 4, 2013 To: BELGIAN CAPITAL FUND LLC 1111 KANE CONCOURSE STE 401 F BAY HARBOR ISLANDS, FL 33154 Violation #2244 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0030 1196 70 Property Address: SOUTH LAKE MEDICAL ARTS CENTER, OAKLEY SEAVER BLVD, CLERMONT, FL 34711 Parcel Number: 20-22-26-0302-0000-0000 Alternate Key: 3877287 Type of Violation: Expired Permit In Violation Of: Section 122-344. General development conditions. (see attached copy) You are hereby notified that you are in violation of the referenced chapter of the City of Clermont Code of Ordinances due to the following: -Permit #201200253 issued for the installation of a Wireless Monitoring Panel located in the parking garage, expired on December 7, 2012. Compliance of This Violation will be when: -The permit is renewed, including all required fees to be paid by February 18, 2013. -The permit is finaled through the Building Department by February 25, 2013. Contact the Planning & Zoning Department at 352 241-7300 or 7301 with any questions. Please contact me at (352) 241-7309 or sosheaCaclermontfl.org when you comply. You are directed to take the above action for compliance by February 25, 2013. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearir,► Oefore the Code Enforcement Board. Codzimm"m- Sec. 122-344. General development conditions. (a) Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and zoning department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and zoning department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All development, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity.