02-13-2013 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING
TUESDAY FEBRUARY 19, 2013
CITY HALL at 685 WEST MONTROSE STREET
At 7:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF THE MINUTES OF THE CODE ENFORCEMENT BOARD
MEETING FOR JANUARY 15, 2013
OPENING STATEMENT
'y 1
SWEARING IN WITNESSES
AGENDA
OTHER BUSINESS
/ CASE NO. 12-816 j� Jean A. & Donald C. Edwards
�
/ O'Shea ( a 6-4?, 624 Prince Edward Avenue
Clermont, FL 34711
Request: t Forgiveness of Fine
Requested by new owner: Wayne Vaughn
NEW BUSINESS
CASE NO. 13-919 ram, �fI �y� Thomas V. Izzo & Marisa E. Izzo
O'Shea �� ►►``'' ` 213 Pleasant Hill Drive
�Clermont, FL 34711
VIOLATION: Chapter 62, Section 62-33
Unlawful Truck & Trailer Parking
CASE NO. 13-920
J O'Shea
VIOLATION:
fy�ox) f " � 0,
Pulte Home Corporation
Verde Ridge Subdivision
Clermont, FL 34711
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
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CASE NO. 13-922 ��
LaClair
Nomaq
VIOLATION:
Thomas Luyando
1036 Glenraven Lane
Clermont, FL 34711
Chapter 118, Section 118-71
Minimum Tree Requirement
CODE ENFORCEMENT BOARD MEETING
TUESDAY FEBRUARY 19, 2013
CITY HALL at 685 WEST MONTROSE STREET
At 7:00 P.M.
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CASE NO. 13-925 Lakeview Pointe HOA
O'Shea Retention area at the end of North Jack's Lake Rd.
0,Alternate Key 3828940
1 � Clermont, FL 34711
VIOLATION: Chapter 14 Section 14-9 (302.2)
Grading & Drainage
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Nomination of Chairman
Nomination of Vice -Chair
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
JANUARY 15, 2013
The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 15,
2013 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members
Alfred Mannella, Larry Seidler, Bill Rini, Chandra Myers, and Thomas Gorgone. Also attending
were 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.
City Manager Darren Gray introduced himself to the Board.
The minutes from the Code Enforcement Board meeting of November 28, 2012 were approved.
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.
City Attorney Dan Mantzaris stated that Case No. 13-918 has come into compliance and will not
be heard.
CASE NO. 12-847
William M. & Renee L. Banzhaf
990 Montrose Street
Clermont, F134711
LOCATION OF VIOLATION: 990 Montrose Street, Clermont, FL 34711
REQUEST: Forgiveness of Fine
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
William Banzhaf, 116 Blueberry Lane, Copperhill, Tennessee, explained the causes for the
violations due to the tenant. He stated that he had requested 120 days when this case was brought
before the Board, but he was only given 30 days which was not enough time to correct the
violations. He stated that he was requesting full forgiveness of the fine.
City Attorney Dan Mantzaris stated that the City requests that the fine not be waived in its
entirety. He stated that the City is willing to reduce the fine to $500 to be paid within 30 days.
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
Tom Gorgone made a motion to reduce the fine from $27,500 to $500 i paid by February 14,
2013: seconded by Alfred Mannella. The vote was 5-1 in favor of the reduction of fine, with
Larry Seidler opposing.
CASE NO. 11-787
Verena Rinehart
258 2nd Street
Clermont, F134711
LOCATION OF VIOLATION: 258 2nd Street, Clermont, FL 34711
REQUEST: Extension of Time for Compliance
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Verena Rinehart, 258 7ah Street, stated that she has been fighting with her insurance and lawyers
for two years. She stated that she finally has her check and a signed contract to start the repairs to
the house.
Alfred Mannella made a motion to extend the compliance date to May 1. 2013: seconded by Tom
Gorzone. The vote was unanimous in favor ofextending the compliance date.
CASE NO. 12-848
Krysta M. Gehringer
1790 Presidio Drive
Clermont, F134711
LOCATION OF VIOLATION: 1790 Presidio Drive, Clermont, FL 34711
REQUEST: Review case from Continuation
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
City Attorney Dan Mantzaris suggested to the Respondent that they contact the City prior to any
further pruning.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with no
fine accessed at this time and no further pruning of the trees: seconded by Chandra Myers. The
vote was unanimous in favor ofaccessing no fine.
K
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
CASE NO.12-878
Woody & Wallace Land Development
Hancock Towne Centre
Clermont, F134711
LOCATION OF VIOLATION: Hancock Towne Centre, Clermont, FL 34711
REQUEST: Forgiveness of Fine
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Bernard Woody, 11740 Osprey Pointe Blvd., stated that he had the landscaper to take care of the
violations. He stated that the bank did not renew their note on the property so it is currently in
foreclosure. He stated that the foreclosure was delayed due to him filing for bankruptcy. He
stated that he has signed the paperwork required to allow the continuation of the foreclosure. He
stated that the property has since been sold at auction and he is only here out of courtesy.
Alfred Mannella made a motion for forgiveness oLfane: seconded by Chandra Myers. The vote
was unanimous in favor o(fo i�ving the fine.
CASE NO.13-909
James Duquette
1313, 1313B & 1315 East Ave.
Clermont, F134711
LOCATION OF VIOLATION: 1313, 1313B & 1315 East Ave., Clermont, FL 34711
VIOLATION: Chapter 122, Section 122-144, 122-33, & 122-343 (e), Violation of R-2 zoning,
Expiration of 4 building permits, and improper installation of a fence.
City Attorney Dan Mantzaris introduced the case.
The Respondent was 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: (1) the expansion of a duplex into a triplex,
(2) expiration of 4 building permits, and (3) a majority of the fence is facing outward.
Compliance of this violation will be when (1) the third living unit is permanently removed, or a
Conditional Use Permit to change the zoning is approved and all Florida Building and Fire
Codes met for a multi -family building, (2) the finished side of the fence must face outward, and
(3) all expired permits must be discharged, renewed or completed.
3
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
James Duquette, 11234 Windsong Ct., Minneola, stated that the third unit already existed when
he purchased the property from Fannie Mae. He stated that all work was done to code. He stated
that he called three different times to have the permits inspected. He stated that there were no
smoke detectors in the building when he bought the property, however he has hard -wired the
property and has smoke detectors throughout. He stated that he has a lot of frustration with the
city because he has put a lot of money into the property. He stated that he did not know the third
unit was hooked to an irrigation meter. He stated that the property has always had three units.
Chairman Dave Holt stated that the third unit is a violation to the city code. He stated that Mr.
Duquette would have to apply for a zoning change along with a lot of building improvements
that would have to be made. He stated that the property can't operate as a triplex until this
process has been completed.
Mr. Duquette stated that he has put substantial amount of funds into this property. He stated that
he wants to get the permits finalized so that he can continue to operate as a triplex. He stated that
he will apply tomorrow for the zoning change.
Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a
ine of $250 per day from January 25, 2013 and to declare this property a serious threat to the
public health, safety and welfare. The motion failed due to that lack of a second.
Chandra Myers made a motion to find the Respondent in violation of the cited City code with a
fine o $250 per day and to declare this property a serious threat to the public health, safety and
Wel are. The fine will begin February 14, 2013 until complied; seconded by Tom Gorgone. The
vote was 5-1 in ,favor of finding the Respondent in violation with the fine and date with Al red
Mannella opposing
CASE NO. 13-914
Prithriraj & Hema Persaud
686 Winding Lake Dr.
Clermont, FL 34711
LOCATION OF VIOLATION: 686 Winding Lake Dr., Clermont, FL 34711
VIOLATION: Chapter 118, Section 118-35, Maintenance and Pruning
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 improper/severe pruning of two required
4
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
canopy trees in the front yard of the residence. This type of pruning is not in accordance with the
"Standard Practice for Trees, Shrubs, and other Woody Plant Maintenance ANSI 300" of the
National Arborist Association. Compliance of the violation will be when the following is
completed: A tree removal permit application must be approved, prior to tree removal. Plant two
trees that meet the following criteria: Preferred canopy tree from the approved list, a minimum of
12 feet in height after planting, a minimum of 3 inch caliper, and FL grade 1 or better.
Hema Persaud, 682 Winding Lake Dr., stated that it was not their intention to kill the trees. She
stated that she is petrified of hurricanes and that is why they pruned them as they did. She stated
that she would like to allow time to show that the trees are growing back.
Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a
fine of $50 per day from April 16, 2013 until complied: seconded by Chandra Myers. The vote
was 5-1 in favor of finding the Respondent in violation with the fine and date with Al red
Mannella opposing.
CASE NO.13-916
Chinnor Corporation
201-307 Bloxam Ave.
Clermont, FL 34711
LOCATION OF VIOLATION: 201-307 Bloxam Ave., Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.2), Failure to Maintain Erosion
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: The properties
located from 201 to 323 Bloxam Ave., have considerable areas of erosion and run-off of soils.
This in turn has had direct and negative effects on the roadways and the nearby retentions area,
causing a significant amount of sediment to wash into the street and drains, and settle into the
city's retention pond. (Section 302.2 Grading & Drainage). Areas that must be addressed
include, but are not limited to: Roof drainage from townhomes, Undermining of the slabs,
walkways, and steps in front of the homes, Erosion of the slope , Areas of sparse grass growth ,
Sediment build up in the right-of-way, Sidewalk damage. Compliance of this violation will be
when the premises have met the following conditions: Obtain a licensed civil engineer to assess
and make recommendations to repair all areas of erosion on the property. Prior to the start of
any work on the property, a scope of work must be submitted to Tamara Richardson, City of
Clermont Director of Engineering, for approval.
5
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
Woodrow Graham, 11215 Oswalt Rd., stated that he is representing the company. He stated that
he has been maintaining the property to the best of his ability. He stated that the owner's are in
England and Jamaica. He stated that if he needs anything done that requires an exceptional
amount of money he has to contact the property owners for their approval. He stated that he has
been trying to contact P&G Motor for three months and hasn't heard anything from them. He
stated that he has not had time to get with an engineer to come up with a plan.
City Attorney Dan Mantzaris stated that the City is willing to extend the compliance date to July
16, 2013.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code,
Respondent must provide the Board a plan to correct the violation at the March 19, 2013
meeting, with a fine of $250 per day from July 16, 2013 until complied, seconded by Tom
Gorgone. The vote was unanimous in favor of finding the Respondent in violation with the fine
and date.
CASE NO. 13-917
P&G Motor Repairs Limited
309-323 Bloxam Ave.
Clermont, FL 34711
LOCATION OF VIOLATION: 309-323 Bloxam Ave., Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.2), Failure to Maintain Erosion
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: The properties
located from 201 to 323 Bloxam Ave., have considerable areas of erosion and run-off of soils.
This in turn has had direct and negative effects on the roadways and the nearby retentions area,
causing a significant amount of sediment to wash into the street and drains, and settle into the
city's retention pond. (Section 302.2 Grading & Drainage). Areas that must be addressed
include, but are not limited to: Roof drainage from townhomes, Undermining of the slabs,
walkways, and steps in front of the homes, Erosion of the slope, Areas of sparse grass growth,
Sediment builds up in the right-of-way, Sidewalk damage. Compliance of this violation will be
when the premises have met the following conditions: Obtain a licensed civil engineer to assess
and make recommendations to repair all areas of erosion on the property. Prior to the start of
any work on the property, a scope of work must be submitted to Tamara Richardson, City of
Clermont Director of Engineering, for approval.
6
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
Alfred Mannella made a motion to find the Respondent in violation of the cited City code.
Respondent must provide the Board a plan to correct the violation at the March 19, 2013
meetinga, with a fine of f $250 per day from July 16, 2013 until complied: seconded by Tom
Gorgone. The vote was unanimous in favor otftndinQ the Respondent in violation with the fine
and date.
CASE NO.13-910
Edmond & Monica Ilvert
13631 Laranja St.
Clermont, F134711
LOCATION OF VIOLATION: 13631 Laranja St., Clermont, FL 34711
VIOLATION: Chapter 66, Section 66-221 & 66-220; Failure to Remit Irrigation Fine,
Violation of Irrigation Schedule
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 violation of the mandatory watering
restrictions put in place by ordinance and the St. Johns Water Management District. In addition,
a fine of $50 for the violation has not yet been remitted. Compliance of this violation will be
when the fine is paid, automatic irrigation occurs only on permitted days and no future violations
occur within 1 year.
Tom Gorgone made a motion to find the Respondent in violation of the cited City code and a fine
of $50.00 payable within 30 days or alien placed on the property: seconded by Chandra Myers.
The vote was unanimous in favor offending the Respondent in violation with the fine and date.
CASE NO. 13-911
Samantha Matheus
3619 Briar Run Dr.
Clermont, Fl 34711
LOCATION OF VIOLATION: 3619 Briar Run Dr., Clermont, FL 34711
VIOLATION: Chapter 66, Section 66-221 & 66-220; Failure to Remit Irrigation Fine,
Violation of Irrigation Schedule
7
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JANUARY 15, 2013
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 violation of the mandatory watering
restrictions put in place by ordinance and the St. Johns Water Management District. In addition,
a fine of $50 for the violation has not yet been remitted. Compliance of this violation will be
when the fine is paid; automatic irrigation occurs only on permitted days and no future violations
occur within 1 year.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code and a
fine of $50.00 payable within 30 days or a lien placed on the property; seconded by William
Rini. The vote was unanimous in favor otfindiLig the Respondent in violation with the fine and
date.
The Board members were all in agreement to change the meeting times for the Code
Enforcement meetings from 7:00 pm to 6:00 pm.
There being no further business, the meeting was adjourned at 9:23 p.m.
Dave Holt, Chairman
Attest:
Rae Chidlow, Code Enforcement Clerk
Suzanne O'Shea
Code Enforcement Officer
City of Clermont
685 W. Montrose St.
Clermont, Florida 34711
February 11, 2013
RE: 624 Prince Edward Ave.
Dear Suzanne:
I am the owner of this property and as you know we have been working on the property since
last year. We ran into a slight delay early on as we had to clear up some IRS liens on the property
before we could proceed with putting additional funds into the project. That was cleared up a
couple of months ago and we are ready to finish the project.
We have completed the repairs per the violation you gave me and now would like to ask for the
fines and assessments to be abated from the property to allow us to finish work on the house and
place a tenant or new owner into it. The property looks good now but will be one of the best
looking houses on the street once we complete it. Thank you for your assistance in this matter.
Sincerely,
Wayne Vaughan, Manager/owner
WT Holdings LLC
CODE ENFORCEMENT BOARD OF THE
CITY OF CLERMONT, FLORIDA
CITY OF CLERMONT Case No: CEB 12-816
624 Prince Edward Avenue
Petitioner, Clermont, Florida 34711
VS.
JEAN A. and DONALD C. EDWARDS,
Respondents.
FINDINGS OF FACT, CONCLUSION OF LAW and ORDER
of REPEAT VIOLATION
THIS MATTER came before the Code Enforcement Board of the City of Clermont for
hearing on April 17, 2012 and the Board having heard sworn testimony and received evidence
from Suzanne O'Shea, Code Enforcement Officer for the City and having noted that
Respondents were not present, thereupon issues the following Findings and Fact, Conclusion of
Law, and Order:
I. FINDINGS OF FACT _
1) Notice as required by Section 162.12, F.S. has been provided to Respondents.
2) The Respondents are the owners of and in custody and control of the property described
as Parcel No.: 19-22-26-0100-000-03400 and as set forth in the Violation Notice dated
March 13, 2012 and located in Clermont, Florida.
3) The subject property and the structure, swimming pool and accessory structure located
thereon have not been maintained as required by code.
4) The above -stated condition constitutes a repeat violation of November 19, 2009 Order of
this Board.
5) The violations were repeated as of March 9, 2012.
6) The violations constitute a serious threat to the public health, safety and welfare.
Il. CONCLUSION OF LAW
The Code Enforcement Board finds the Respondents, JEAN A. and DONALD C.
EDWARDS, are in repeat violation of Clermont City Code Chapter 14, Section 14-9,
International Property Maintenance Code 2006, sections 108.1.3 (structure unfit for human
occupancy), 302.1 (sanitation) 302.4 (weeds), 302.5 (rodent harborage), 302.7 (accessory
structures) 303.1 (swimming pools), 304.7 (roofs and drainage), 305.1 (general) and 307.1
(accumulation of garbage and rubbish).
cp36042doc#1146 1
CASE NO.: 12-816
III. ORDER
It is hereby ordered that a fine of FIVE HUNDRED DOLLARS ($500.00) will accrue for
each day the violation has been repeated since March 9, 2012 and shall continue to accrue until
the property is brought into compliance as inspected and documented by the Code Enforcement
Officer.
It is further ordered that the above -stated violations constitute a serious threat to the public
health, safety and welfare and that by copy of this Order the City of Clermont is notified of said
condition in accordance with Section 162.09, Florida Statutes.
Respondents are further ordered to contact the City of Clermont Code Enforcement
Department to arrange for a re -inspection of the Property and to verify that the violation has been
corrected, and the property has been brought into compliance with the City Code Sections as
cited above. Respondents shall call (312) 241-7309 to request an inspection.
Done and Ordered this day of April 2012.
CODE ENFORCEMENT BOARD OF THE
CITY OF CLERMONT, FLORIDA
Vice rman Alfred Mannella
An aggrieved party, including the City Council of the City of Clermont, may appeal a final
administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall
be filed within thirty (30) days of the rendition of this Order as set forth in Section 162.11, Florida
Statutes.
I HEREBY CERTIFY that on this day of April 2012, a true and correct copy of
this Order has been furnished by certified and regular mail to the Respondents, Jean A. and
Donald C. Edwards, 624 Prince Edward Avenue, Clermont, FL 34711.
9171 9690 0935 0016 4433 93
cp36042doc#1146 9
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION AND HEARING NOTICE
January 16, 2013
Violation # 2227
Case #13-919
To: THOMAS V IZZO &
MARISA E IZZO
213 PLEASANT HILL DR
CLERMONT, FL 34711
Property Address: 213 PLEASANT HILL DR., CLERMONT, FL 34711
Parcel Number: 20 22 26 1500 0000 3200
Type of Violation: UNLAWFUL TRUCK & TRAILER PARKING
In Violation Of: Chapter 62, Section 62-33
Titled: "TRUCK and TRAILER PARKING PROHIBITED IN
RESIDENTIAL AREAS" (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 large commercial truck parked at the
residence. The truck was observed parked overnight at the residence from Sunday
August 5t' to Monday August 6"', 2012 and a violation notice was issued.
The truck then returned on January 15t' and 16th, 2013, and is parked in the
driveway.
Compliance of This Violation will be when the above referenced truck has been
permanently removed from the property and the roadway, and is properly stored at
an off -site location. You are directed comply immediately.
This vehicle is over 15,000 lbs. and is therefore not permitted to be parked, stored, or
kept in a residential area.
Please call (352) 241-7309 or contact me at soshea(&-clermontfi.org.
This case will be presented to the Code Enforcement Board as
stated in the attached Notice of Hearing, even if the violation has
been corrected prior to the hearing date -
By:
nne O'SIY'eb
forcement Officer
Code Enforcement Board of the
City of Clermont
NOVICE OF FEARING
CITY OF CLERMONT, Case No. 13-919
Petitioner Violation No. 2227
VS.
THOMAS V IZZO & MARISA E IZZO
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 February 19th, 2013, at 7:00 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 in his/her Statement of Violation, 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/Personal Service to Respondent, Thomas V Izzo & Marisa E Izzo, 213
Pleasant Hill Dr., Clermont, FI 34711
BY: JV Aw L-V-'`
Suza O' ea, Code Enforcement Officer
this 16�h da .FeHftefr 2013.
'7anuar`� V,
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY aTTER 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.
Sec. 62-33. - Truck and trailer parking prohibited in residential areas; exceptions.
In all residential districts or zones designated R-1-A, R-1, R-2, R-3, R-3-A or
LIE in chapter 122, zoning, no person shall park, cause to be parked or allow to be
parked on their real property, or on property which they have under lease, or in the
streets, alleys or parkways abutting such property, any mobile home or commercial
vehicle of whatever size or type, including either a tractor or trailer of any type,
including, but not limited to, boat trailers, except as provided in this section. However,
pickup trucks and commercial vehicles, of van design, or any type of trailer including
boat trailers, of 15,000 pounds nominal gross vehicle weight rating (GVWR) or less,
may be so parked. Commercial vehicles of any type, however, including those of
GVWR at or under 15,000 pounds may be permitted only if such vehicles can be
parked in a manner that will not interfere with the traffic flow or character of the
neighborhood. No truck in excess of 15,000 pounds GVWR will be permitted on any
streets in the city except on established truck routes, or as permitted in this section.
These prohibitions shall not apply to owners who have construction in progress on
their property, nor does it prohibit routine deliveries by tradesmen, or the use of trucks
in making service calls, nor does it apply to a situation where a truck becomes
disabled or, as a result of an emergency, is required to be parked on or abutting
property or streets within the city, provided such vehicle is removed within 24 hours
after the vehicle became disabled or the emergency occurred. Ambulances and
school buses, while parked at schools or parks, boat trailers parked at boat ramps,
and recreation vehicles parked in conformance with this Code are excluded from the
provisions of this section. It is further provided that, in areas designated R-1-A, R-1,
R-2, R-3, R-3-A or UE being utilized for agricultural uses as permitted by chapter 122,
zoning, such machinery and vehicles necessary for cultivation and harvest may be
used in such manner as not to interfere with the traffic flow or character of the
neighborhood';.
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 13-920
Petitioner Violation No. 2225
VS.
PULTE HOME CORPORATION
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 February 19, 2013, at 7:00 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 in his/her Statement of Violation, 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/Personal Service to Respondent, Pulte Home Corporation,
100 Bloomfield Hills Pkwy Ste 300, Bloomfield Hills, Mi 48304
(Certified Mail/Return Receipt Requested# 9171 9690 0935 0030 1196 56)
BY:
Suzan a O' ea, Code Enforcement Officer
this 29th da . ol January 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
'ROCEEDINGS 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 11, 2013
To: Pulte Home Corporation
100 Bloomfield Hills Pkwy Ste 300
Bloomfield Hills, MI 48304
Certified Mail# 9171 9690 0935 0030 1194 96
Violation # 2225
Property Address: Verde Ridge Subdivision, Clermont, FL 34711
Type of Violation: Maintenance of Vacant lots & Construction Areas owned by
Pulte/Centex
In Violation Of: Sec. 54-1 Placing articles or obstructions on streets or
sidewalks; notice to remove
Sec. 122-341. - Accessory uses and structures
Sec. 50-31. - By city (franchise agreement required)
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:
1. 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)
2. 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 culdesac of Pico Place. (Sec. 54-1 Placing articles
or obstructions on streets or sidewalks; notice to remove, Sec. 122-341. -
Accessory uses and structures)
3. 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:
1. 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.
2. 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.
3. 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.
Please contact me at soshea(a—Dclermontfl.org or (352) 241-7309, when you comply.
You are directed to take action by January 17, 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.
��ii�.r� ,,_in►t
_• -
..A - •
Sec. 54-1. - Placing articles or obstructions on streets or sidewalks; notice to remove.
(a)
No person shall cause to be placed, or place or allow to remain in front of his or their premises any merchandise,
goods or showcases, barrels, wagons, carts, signs, advertisements, or articles of any description, on any sidewalk or
street within the limits of the city, except as allowed under chapter 122, zoning.
(b)
All streets, pavements and sidewalks shall be kept clean, free from rubbish and weeds, by the several landowners
and the occupants of premises abutting thereon.
(c)
If any such streets, pavements or sidewalks become, in any manner dangerous or detrimental to the health or
reasonable convenience of citizens, or become obstructed by trash or weeds, it shall be the duty of the city to give
notice to the owner or occupant, or the recognized agent of either, requiring such owner or occupant, as the case
may be, to remove any and all obstructions thereon, within ten days of receipt of the notice; and should any such
owner or occupant refuse to make such repairs, or remove such obstructions within such time, he shall, upon
conviction, be punished as provided by section 1-15, and such repairs shall be made, or such obstructions removed,
at the expense of the abutting owner.
Sec. 122-341. - Accessory uses and structures. ,
(a)Generally. Specific accessory uses and structures shall comply with the regulations in this
section.
(b)Principal use required. Accessory uses and structures shall:
(1)Be customarily incidental to the principal use established on the same lot;
(2)Be subordinate to and serve such principal use;
(3)Be subordinate in area, extent and purpose to such principal use; and
(4)Contribute to the comfort, convenience or necessity of users of such principal use.
No accessory structure or use shall be permitted on any lot without an established principal
use on the same lot within the applicable zoning district.
(c)Additional regulations; prohibited uses and structures.
(1)Signs, fences, walls, parking and loading areas, and other such features which are
typically located within required yard areas shall comply with the applicable
provisions of this land development code for such uses and structures.
(2)Any specific accessory use or structure which is not addressed within this chapter
shall not be located on any lot.
(d)Maximum size. Unless otherwise described in this chapter, the minimum permitted size for
any structure shall be as outlined in article III of this chapter.
(e)Confonnance with district regulations. No land shall be used or occupied and no building
or structure or part thereof shall be erected, constructed, reconstructed, moved or altered
except in conformity with the regulations specified in this chapter for the district in which it is
located.
(f)Storage units in residential areas. Storage units or structures are designed for the
temporary storage of goods, merchandise, household items or products, appliances,
furniture or similar items.
(1)Permit required. Whether designed to be portable or permanent, storage units
shall not be placed upon property within the city without first obtaining a zoning
clearance and a building permit if one is required for installation as determined by the
most current Florida Building Code.
(2)Restrictions. Temporary storage units cannot exceed ten feet in height as
measured from the ground to the top of the structure. Temporary storage units are
restricted to residential side yards, rear yards and driveways. Storage units shall not
be placed on any public sidewalk or road right-of-way. Temporary storage units shall
not apply to utility trailers which must be in compliance with section 38-4
(3)Duration. Temporary storage units shall be limited to no longer than 15 days to
one property owner, with a maximum of two per calendar year. Multi -family
residential shall be limited to five days for each unit for moving in and moving out,
with management/owner permission.
Sec. 50-31. - By city
All refuse accumulated in the city shall be collected, conveyed and disposed of
by the city. No person not employed by or under a franchise agreement with
the city shall collect, convey over any of the streets or alleys of the city or
dispose of any refuse accumulated in the city.
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 13-922
Petitioner Violation No. 2223
VS.
THOMAS LUYANDO
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 February 19, 2013, at 7:00 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 in his/her Statement of Violation, this case may be presented to the
Board even if the violation has been corrected prior to the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
1 hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been
furnished by Certified Mail/Personal Service to Respondent, Thomas Luyando, 1036 Glenraven Ln.,
Clermont, FL 34711 Certified Mail/Return Receipt Requested# BY: :;w
9171 81)
Allen LaClair, Code Enforcement Officer
this 29th day of January, 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.
Any letters, lists, pictures or items displayed, presented or handed out at a public meeting for
any City Commission, Board, Council or City public meeting, must be left with the recording
erk at the meeting at that time. No cell phone or electronic displays are permitted unless
a printed copy is supplied at that time to the recording clerk.
9171 9690 0935 0030 2830 81
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
December 17, 2012
To: Thomas Luyando
1036 Glenraven Ln.
Clermont, FL 34711
Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4589 15
Violation # 2223
Property or Violation Address: 1036 Glenraven Ln.
Parcel Number(s): 08-23-26-055000025700
Type of Violation: MISSING 3 REQUIRED CANOPY TREES
In Violation Of: Code of Ordinances, Section 118-71
Titled: Minimum tree requirements
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.
Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply.
You are directed to take action immediately. Failure to remedy the violation within 60 days
will result in a Notice to Appear for a hearing before the Code Enforcement Board.
By:
Allen LaClair
Code Enforcement Officer
9171 9690 0935 0016 4589 15
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 13-925
Petitioner Violation No. 2208
VS.
LAKEVIEW POINTE HOMEOWNERS ASSOCIATION
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 February 19, 2013, at 7:00 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 in his/her Statement of Violation, 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/Personal Service to Respondent, Lakeview Pointe Homeowners
Association, Terra Management Services, Attn: Kelley Cate, LCAM, 4809 Ehrlich Road, Suite 104,
Tampa, Florida 33624 (Certified Mail/Return Receipt RequAsted# 9171 9690 0935 0030 1196 94)
BY:
Suzanne Shea, Cod nforcement Officer
this 4th a of February 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
'ROCEEDINGS 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
December 17, 2012 Violation # 2208
To: LAKEVIEW POINTE HOMEOWNERS ASSOCIATION
8403 S PARK CIR STE 670
ORLANDO, FL 32819
Certified Mail, Return Receipt Requested #: 9171 9690 0935 0030 1193 66
Property Address: Retention area at the end of North Jack's Lake Rd.,
Clermont, FL 34711
Alterate Key: 3828940
Parcel Number: 20-22-26-0160-OOEO-0000
Type of Violation: SEDIMENT/EROSION CONTROL
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 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
Please contact me at (352) 241-7309 or soshea(&-clermontfl.orst, when you
comply. You are directed to take action by January 17, 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:
Suzan O'Shea
Code En orcement 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 -
lion, 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-
ertyshaE 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
PAGE 7
Landscaping and Tree Maintenance
Landscaping and tree maintenance is a large part of why Clermont looks as beautiful as it does. Trees
should be allowed to grow naturally. Please adhere to the Code and only prune where absolutely necessary
and in accordance with standards from the National Arborist Association. Trees should never be subjected
to excessive pruning; which includes hatracking, topping, uplifting, and lolly -popping. Trees should look
natural. Excessive pruning can mean possible fines and replacement of the damaged tree. For questions,
please contact Code Enforcement at 352.241.7309 or 352.241.7304.
t1QthCiS � dr`14S4�7ti .RS71Gi �4Y /ia6*1CrIIpt14R2iJ� L /�. i L�f!�idA�aA�►lL�M1�RaIL�I�d'AWeA /L%UW-iWAW
Below are a few examples of prohibited tree maintenance. The trees are excessively damaged and do not
recover the strength needed for long term survival.
City of Clermont 685 W. Montrose Street Clermont, FL 34711 www.CityofClermontFL.com