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10-16-2012 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING TUESDAY OCTOBER 16, 2012 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 SEPTEMBER 18, 2012 S wvu✓LG tj DISCUSSION OF POSTPONING NOVEMBER MEETING Khv. FIRST OR SECOND WEEK OF DECEMBER a C� OPENING STATEMENT i r j`l I SWEARING IN WITNESSES AMENDED AGENDA CASE NO.09-504 O'Shea OTHER BUSINESS Clermont Motor Lodge Rick Thompson 1320 US Highway 27 Clermont, FL 34711 REQUEST: Request for Extension NEW BUSINESS CASE NO. 12-877 �1 ` AjKings Ridge Professional Centre, LLC 0 ✓, LaClair �p Kings Ridge Professional Centre / Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances ************************************************************************************* CASE NO. 12-886 Tuscany Ridge Land Group, LLC O LaClair R.YI Tuscany Ridge Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances CASE NO. 12-887 Church at South Lake LaClair t J 1 268 Mohawk Rd. R-4 J Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances CASE NO. 12-888 LaClair CODE ENFORCEMENT BOARD MEETING TUESDAY OCTOBER 16, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. J James L. Poskitt 181 W. Minnehaha Ave. Clermont, FL 34711 VIOLATION: IPMC, Section 303.1 Swimming Pools CASE NO. 12-890 1'S Nelson B. & Lucy Ruiz O'Shea 686 Winding Lake Dr. Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Maintenance and Pruning CASE N0742492 Miche Chicoye O'Shea 561 Minneola Ave. Clermont, FL 34711 REPEAT VIOLATION: Chaps i erection 34-61 (1) Unlawful Maintenance of Nuisances CASE NO. 12-893 John Carmen & Melissa Wynn O'Shea 660 Winding Lake Dr. C��bw�tZA J Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances CASE NO. 12-894 `! e _ Wayne Thomas O'Shea 214 2°d Street b_\O� 7Clermont, FL 34711 VIOLATION: IPMC, Sections 108.1.1, 109.1 Unsafe Structures, Imminent Danger Discussion of Non -Agenda Items ADJOURN Any person wishing to appeal any decision made by the Planning and Zoning Commission 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. 2 CODE ENFORCEMENT BOARD MEETING TUESDAY OCTOBER 16, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. 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. 3 i .4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 18, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 18, 2012 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members Alfred Mannella, Ken Forte, 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. The minutes from the Code Enforcement Board meeting of August 21, 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. 12-876 has requested to continue this case to the November meeting. Board member Tom Gorgone moved to continue Case No. 12-876 to the November meeting; seconded by Chandra Myers. The vote was 6-1 to continue this case. _ L4W 0 fp011Ld City Attorney Dan Mantzaris stated that Case Nos. 12-881 and 12-883 have come into compliance and will not be heard. CASE NO. 12-849 David & Dawn Ramnath 1594 Muir Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1594 Muir Circle, 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 three Oak trees located in the front yard i a- CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 18, 2012 of the property that were severely over -pruned. Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Compliance of This Violation will be when the following is completed in its entirety: Plant three trees, that meet at least the following criteria: Preferred Canopy tree, a minimum of 12 feet in height immediately after planting, a minimum of 6 foot spread, a minimum of 3 inch caliper, 65 gallon container, FL Grade 1 or better, the trees must be replaced in close proximity to the affected tree, and not elsewhere on the property. If you remove the affected trees, a tree removal permit must be submitted before removal. David Ramnath, 1594 Muir Circle, stated that he has not touched the trees since he was before the Board a couple months ago. He stated that he would do what the Board tells him to do, but he feels he should at least be allowed to keep the tree that is to the right of the driveway because it appears to be healthy. Board member Bill Rini asked if the Respondent did not trim the tree on the right. Mr. Ramnath stated that he did prune all three trees but the tree on the right has grown back more than the other two trees have. He stated that he can understand replacing the two trees on the left, but he feels the one on the right is still healthly. Board member Alfred Mannella stated that after four months there is substantial growth on all three trees. Board member Ken Forte that he typically votes against making the Respondent remove the trees because he does not see irreputable harm to the tree just because an arborist states that if you cut it, it will not grow. Chairman Dave Holt stated that if he lived across the street from this home the two trees on the left would bother him, but the one on the right would not bother him. City attorney Dan Mantzaris stated that the city code is written to not allow for topping or hatracking. He stated that the Board's job is to enforce the code. He stated that staff would agree that the two trees on the left are more damaged and if they choose to allow the tree to stay on the right, staff would consider that as a reasonable solution to bring the property into compliance. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 18, 2012 Bill Rini made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day from November 20, 2012 until complied for the two trees to the left of the driveway: seconded by Tom Gorgone. Board member Tom Gorgone stated that all three trees should be removed. He stated that six to eight months from now there will be the same issue with the tree on the right if they are not made to remove it now. Board member Larry Seidler stated that we are getting ready to go into the dormant stage with stricter watering restrictions. Board member Tom Gorgone stated that if the case had been addressed when it first came before the Board the dormant stage and watering restrictions would not have been an issue. He stated that the weather and growth pattern does not pertain to the violation. The vote failed with a 3-4 vote, with Board member Forte, Seidler, Mannella and Gorgone imposing. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day from November 20, 2012 until complied. The vote failed due to a lack of second. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day from November 20, 2012 until complied for the two trees to the left o the driveway: seconded by Chandra Myers. The vote passed with a 4-3 vote, with Board member Forte, Seidler, and Mannella opposing. CASE NO. 12-857 Jo -El, LLC Minneola, Montrose & 10" St. Clermont, Fl 34711 LOCATION OF VIOLATION: Minneola, Montrose & 1 Oth St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) — Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was present. Ellis Abide, manager of Jo -El, LLC, stated that he has hired a landscapes guy who started the project, but then became hospitalized. He stated that the landscaper has since completed the maintenance of the property. He stated that he is requesting that the fine be forgiven. 91 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 18, 2012 Board member Chandra Myers asked if there were any pictures of the property. Mr. Abide stated that he has pictures on his computer but not with him. Board member Tom Gorgone asked the Respondent when the violations occurred. Mr. Abide stated that his violation notices were November 2011 and July 2012. City attorney Dan Mantzaris stated that the City would recommend a reduction from $25,750 to $1000. Board member Ken Forte asked if the Respondent ever came into compliance since the first violation. Code Enforcement Officer Suzanne O'Shea stated that the Respondent came into a compliance after a lapse of time, then went back out of compliance and is now currently in compliance. She stated that the fines were accrued from both cases. Ken Forte made a motion to reduce the fine to $1500; seconded by Tom Gonzone. The vote failed with a 2-5 vote with Myers. Holt, Mannella, Rini and Seidler opposing. Alfred Mannella made a motion to reduce the fine to $500 paid within 30 days; seconded by Larry Seidler. The vote was 5-2 vote with Forte and Gor o�pposinQ. CASE NO. 12-878 Woody & Wallace Land Development, LLC Hancock Towne Centre Sub Lot 5 Clermont, Fl 34711 LOCATION OF VIOLATION: Hancock Towne Centre Sub Lot 5, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1), Unlawful Maintenance of Nuisances 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 overgrowth of weeds on the subject property. Compliance of this violation will be when the property is evenly mowed, trimmed, and edged (where necessary). 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 18, 2012 Alfred Mannella made a motion to flnd the Respondent in violation of the cited City code with a ne of $250 per day from November 20, 2012 until complied: seconded by Chandra Myers. The vote was unanimous in favor o, findinjz the Respondent in violation with the fine and date. CASE NO. 12-882 Kankoo Enterprises, LLC Hancock Rd. & E. Highway 50 Clermont, F134711 LOCATION OF VIOLATION: Hancock Rd. & E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances 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 repeat violation of the referenced section of the City of Clermont Code of Ordinances due to the excessive accumulation of weeds and grass on the property. Compliance of this violation will be when all high weeds and grass have been trimmed and mowed uniformly and evenly below 18" in depth and the property maintained at regular intervals in the future. Akber Jamal, 3015 Windchime Circle, Apopka, was sworn in. He stated that he bought the property to put a hotel on years ago but the economy has not been good. He stated that he and his wife have another business and they both work from early morning to late night. He stated that he had a heart attack in March so he was not able to mow the property. He stated that he hired someone to mow the property. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $500 per day from August 29. 2012 until complied., seconded by Ken Forte. The vote was unanimous in favor of nding the Respondent in violation with the Rne and date. CASE NO. 12-884 Bernard Phillips 1056 Glenraven St. Clermont, F134711 LOCATION OF VIOLATION: 1056 Glenraven St., Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-221 & 66-220; Failure to Remit Irrigation Fine, Violation of Irrigation Schedule 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD SEPTEMBER 18, 2012 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 continued violation of the mandatory watering restrictions put in place by ordinance and the St. Johns Water Management District on June 14, 2012. In addition, a fine of $50 for a previous 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 Tom Gorzone. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. Chairman Holt brought up rescheduling the November meeting due to it falling on the week of Thanksgiving. Board member Ken Forte questioned about speaking about a case once it has been closed. Code Enforcement attorney Valerie Fuchs stated that the Board can't bring up a case once it has been closed. She stated that the people that were involved in the case could have left the building and it can be construed as a closed meeting. There being no further business, the meeting was adjourned at 8:30 p.m. Attest: Rae Chidlow, Code Enforcement Clerk Dave Holt, Chairman 0 Code Enforcement Board of the City of Clermont NOTICE OF HEARING -Updated CITY OF CLERMONT, Case No. 12-877 Petitioner Violation No. 2142 VS. KINGS RIDGE PROFESSIONAL CENTRE 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 October 16, 2012 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 not corrected by the time specified by the Code Enforcement Officer in his/her Violation Notice, this case may be presented to the Board even if the violation has been corrected prior to the hearing date. If a violation is determined to be a repeat violation, the case will be presented to the board regardless of compliance date. 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, Kings Ridge Professional Centre LLC, 16405 W. Colonial Dr. Oakland, FL 34787 (Certified Mail/Return Receipt Requested# 9171 9 90 0935 0016 4586 63) BY: Allen LaClair Code Enforcement Officer This 27th day of September, 2012. F A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT HESE 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. 9171 9690 0935 0016 4586 63 t City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE August 27, 2012 To: Kings Ridge Professional LLC 16405 W Colonial Dr Oakland, FL 34787 Violation # 2142 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4584 34 Property or Violation Address: Kings Ridge Professional Centre Parcel Number(s): 04-23-26-000300001500, 05-23-26-000400000800, 05-23-26-000400000801, and 04-23-26000300003400 Type of Violation: OVERGROWTH OF WEEDS In Violation Of: Code of Ordinances, Section 34-61 Titled: Nuisances You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the overgrowth of weeds on the subject properties. Compliance of This Violation will be when the property is evenly mowed, trimmed, and edged (where necessary). Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. By: Allen LaClair Code Enforcement Officer F Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-886 Petitioner Violation No. 2168 VS. TUSCANY RIDGE LAND GROUP, 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 October 16, 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, Tuscany Ridge Land Group LLC, c/o Sandra Lawson, 10131 Tween Waters St, Clermont, FL (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4586 70) BY: - Allen LaClair, Code Enforcement Officer this 27th day of September, 2012. 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. Ilny letters, lists, pictures or items displayed, presented or handed out at a public meeting for _jny City Commission, Board, Council or City public meeting, must be left with the recording clerk 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 0016 4586 70 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE September 27, 2012 To: Tuscany Ridge Land Group, LLC Brian Prescott, Mgr c/o Sandra Lawson, Registered Agent 10131 Tween Waters St Clermont, FL 34715 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4586 70 Violation # 2168 Property Address: Tuscany Ridge Parcel Number(s): 292226120000000100 thru 292226120000002200 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the excessive accumulation of weeds and grass on the property. Compliance of This Violation will be when all weeds and grass have been mowed and trimmed throughout the vacant lots and common areas of the subdivision. 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 15 days will result in a fine of $250 per day being assessed at the next Code Enforcement Board hearing on October 16, 2012. By: Allen LaClair Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-887 Petitioner Violation No. 2169 VS. CHURCH AT SOUTH LAKE 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 October 16, 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, Church at South lake, 268 Mohawk Rd, Clermont, FL 34715 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 6 87) BY: Allen LaClair, Code Enforcement Officer this 27th day of September, 2012. 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 my City Commission, Board, Council or City public meeting, must be left with the recording clerk 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 0016 4586 87 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE September 27, 2012 Violation # 2169 To: Church at South Lake 268 Mohawk Rd Clermont, FL 34715 Property Address: 2500 & 2525 Hooks St Parcel Number(s): 28-22-26-010000000100 thru 28-22-26-010000000400 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the excessive accumulation of weeds and grass on the property. Compliance of This Violation will be when all high weeds and grass have been trimmed and mowed uniformly and evenly below 18" in depth. 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 15 days will result in a Notice to Appear for a hearing before the Code Enforcement Board. Compliance may still result in a hearing being scheduled due to the number of violation notices issued for the same infraction. By: Allen LaClair Code Enforcement Officer A Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-888 Petitioner Violation No. 2170 VS. JAMES L. POSKITT 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 October 16, 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, (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4587 17) BY: Allen LaClair, Code Enforcement Officer this 4th day of October, 2012. 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 ny City Commission, Board, Council or City public meeting, must be left with the recording _lerk 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 0016 4587 17 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE September 26, 2012 To: James L. Poskitt 1033 Southfork Rd. Parkton, NC 28371-9576 Violation # 2170 Property or Violation Address: 181 W Minnehaha Ave. Parcel Number(s): 25-22-25-070000037000 Type of Violation: UNSANITARY POOL In Violation Of: International Property Maintenance Code Section 303.1 Titled: Swimming Pools You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the condition of the pool. Compliance of This Violation will be when the pool is either (1) drained and treated to prevent pest infestation, (2) covered and treated, or (3) brought up to sanitary pool standards. Please contact me at (352) 241-7304 or alaclair@clermonffl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 10 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 4586 94 4. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-890 Petitioner Violation No. 2118 VS. NELSON B & LUCY RUIZ 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 OCTOBER 16th, 2012, 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, Nelson & Lucy Ruiz, 686 Winding Lake Dr., Clermont, FL 34711. (Certified Mail/Return Receipt VNested# 9171 9690 093AO016 4448 71) BY: Suzan 'SNf.Il Code ement Officer this 4th dayctober 2012. 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 CIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE . tOCEEDINGS 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 August 27, 2012 To: NELSON B & LUCY B RUIZ 686 WINDING LAKE DR CLERMONT, FL 34711 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4445 43 Violation # 2118 Property Address: 686 WINDING LAKE DR., CLERMONT, FL 34711 Parcel Number: 19-22-26-0400-0000-2800 Type of Violation: TREE PRUNING In Violation Of: Chapter 118, Section 118-35 Titled: "Maintenance and Pruning." (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 Oak tree located in the front yard of the property that was severely overpruned, in which the entire top of the tree was removed. Compliance of This Violation will be when the following is completed in its entirety: • Plant one tree that meets at least the following criteria: Preferred Canopy tree A minimum of 12 feet in height immediately after planting A minimum of 6 foot spread A minimum of 3 inch caliper 65 gallon container FL Grade 1 or better • A tree removal permit must be submitted prior to removal. Contact the zoning department for requirements and fees. (352) 241-7300/7301 You are required to contact me at (352) 241-7309 or soshea(&-clermontfl.oro when you comply, You are directed to comply by September 27, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: Coluzanne O' a Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-892 Petitioner Violation No. 2160 VS. MICHE CHICOYE 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 October 16t', 2012, 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, 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, Miche Chicoye, 1645 Penzance Rd, Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4448,64'j day of October 2012. 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 rHIS 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 REPEAT VIOLATION NOTICE October 4, 2012 Violation # 2160 To: MICHE CHICOYE 1645 PENZANCE RD CLERMONT, FL 34711 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 44480 tq Property Address: 561 MINNEOLA AVE., CLERMONT, FL Parcel Number: 19 22 26 1100 0000 0500 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 (1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." (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 property is extremely overgrown with tall grass and weeds, in excess of 18 inches. Compliance of This Violation will be when the premise is uniformly trimmed below 18 inches, with all clippings and debris removed from property and disposed of properly. You are required to contact me when you comply so an inspection can be scheduled. (352) 241-7309 or soshea(&-clermontfl.org This case will be presented to the Code Enforcement Board as stated in the attached Notice of Hearing on Repeat Violation, even if the violation has been corrected prior to the hearing date, By: e O' Code En*kement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-893 Petitioner Violation No. 2159 VS. JOHN CARMEN & MELISSA WYNN 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 OCTOBER 16th, 2012, 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, John Carmen & Melissa Wynn, 660 Winding Lake Dr., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0010 4448 95) BY: [/ KIT Suzanne 'S , Code Enfor ement Officer this 4th day okQctober 2012. 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 "IS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE OCEEDINGS 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 September 13, 2012 To: JOHN CARMEN II & MELISSA WYNN 660 WINDING LAKE DR CLERMONT, FL 34711 Violation # 2159 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4447 89 Property Address: 660 WINDING LAKE DR., CLERMONT, FL Parcel Number: 19-22-26-0400-0000-2100 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." (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 that exist on the property: Excessive overgrowth of tall grass and weeds in excess of 18 inches, on the property and in the right of ways. Compliance of This Violation will be when the following conditions are met: The property is cleared of all weeds and grass, including to the street right of way, below of 18 inches. The curbs should also be cleared of all grass overflowing into the road. You are directed to take the above action for compliance by September 24, 2012. Please contact me at soshea(a-)-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 f r a earing before the C,es(e Enforcement Board. By: rwfd - IN •d^ �• - - • I Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-894 Petitioner Violation No. 2165 VS. WAYNE THOMAS 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 OCTOBER 16th, 2012 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, Wayne Thomas, 214 2"d St., Clermont, FL 34711 and 1106 Doris St., Altamonte Springs, FL 32714 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4449 18, 9171 9690 0935 0016 4449 25) BY: % Suza ';Sfi6a, Code EAL&ment Officer this 5th day of October 2012. 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 September 20, 2012 Violation # 2165 To: WAYNE THOMAS WAYNE THOMAS 210/214 2"D STREET 1106 DORIS STREET CLERMONT, FL 32711 ALTAMONTE SPRINGS, FL 32714 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4448 19 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4448 26 Property Address 214 2ND STREET, CLERMONT FL 34711 Parcel Number: 24-22-25-0400-0070-0100 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 section of the International Property Maintenance Code 2012, City of Clermont Code of Ordinances, due to the following: • Upon inspection of two bottom floor units, the ceilings appeared extremely hazardous, and a danger to the occupants of the building. The ceilings are in danger of falling in, due to the water that has accumulated in the ceilings from the units above. • The property is considered an "Unsafe Structure" due to the potential collapse of the ceilings. The property will be posted "Unsafe," by order of the Building Official for the City of Clermont. (Section 108.1.1 — Unsafe Structures, Section 109.1 Imminent Danger) Compliance of This Violation will be when the following conditions are met in entirety: • The entire property must be vacated before October 1, 2012. • There must be no access to the property by anyone, until a Certified Contractor is hired to access the damage to the building, and permits are secured for repair. • The property must be sufficiently secured, so there is no unauthorized entry. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. You are required to contact me at (352) 241-7309 or soshea(a-clermontfl.org, when you comply. By: zanne O'- Co Enforcement Officer