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09-18-2012 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING WEDNESDAY SEPTEMBER 18, 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 AUGUST 21, 2012 ✓ QA aY, 8 tj OPENING STATEMENT SWEARING IN WITNESSES AGENDA OTHER BUSINESS CASE NO. 12-849 ` David & Dawn Ramnath O'Shea 1594 Muir Circle Clermont, FL 34711 CONTINUATION: Chapter 118, Section 118-35 Mai tt d ng CASE NO.12-857 .. 1�4� Jo -El, LLC O'Shea ° '� Minneola, Montrose & 100' St. Clermont, FL 34711 REQUEST FOR FINE REDUCTION: a Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances t NEW BUSINESS CASE NO.12-876 O'Shea Kings Ridge Community Assoc., Inc. c/o Leland Management & Kings Ridge Golf Club, LLC Stormwater areas located on the King's Ridge Golf Course Clermont, FL 34711 VIOLATION: Chapter 86, Section 86-141 Violation of the Conditional Use Permit CASE NO.12-878 ^� Woody & Wallace Land Development, LLC LaClairHancock Towne Centre Sub Lot 5 Clermont, FL 34711 VIOLATION: �� \l_x t_. ✓ Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances CODE ENFORCEMENT BOARD MEETING / WEDNESDAY SEPTEMBER 18, 2012 k CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CASE NO.12-881 Joannes Thoen & Phyllis Flores Tr�teeqh') 1-1 O'Shea 251 Crestview Dr.Clermont, FL 34711ls�/, , VIOLATION: Chapter 34, Section 34-61 (1) (3) Unlawful Maintenance of Nuisances dP CASE NO. 12-882 � �� (;� Kankoo Enterprises, LLC ALI LaClai^ Hancock Rd. & E. Hwy 50 a 'W , �Z '� Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances CASE NO. 12-883 Edwin Gravenstein LaClair 1542 Pier St. Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-221 & 66-220 Failure to Remit Irrigation Fine Violation of Irrigation Schedule CASE NO. 12-884�\ Bernard Phillips LaClair �l / 1056 Glenraven St. ` V Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-221 & 66-220 Failure to Remit Irrigation Fine Violation of Irrigation Schedule Discussion of Non -Agenda Items 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 DISBILITY 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 DEPARTMENT AT 352-3944083 EXT 302. PA CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 21, 2012 at 7:00 p.m. Members attending were Vice -Chairman Alfred Mannella, along with Board members 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, Anita Geraci-Carver, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of July 17, 2012 were approved. Code Enforcement Vice -Chairman Alfred Mannella 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. Vice -Chairman Alfred Mannella gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12-849 will not be heard because it was originally continued to the September meeting. City Attorney Dan Mantzaris stated that Case Nos. 12-863 and 12-866 have come into compliance and will not be heard. CASE NO.12-864 Norma C. & Richard S. Newby 2513 Holly Berry Circle Clermont, FL 34711 LOCATION OF VIOLATION: 2513 Holly Berry 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 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 severe pruning of a required tree. Pruning is not in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Compliance of this violation will be when a permit to remove the damaged tree is granted, the tree removed, and a new tree is CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 installed. Trees must be from the preferred canopy tree list and must be 10-12 feet tall and the trunk must be 3 inches in diameter upon planting. Norma Newby, 2513 Holly Berry Circle, showed photos and stated that she did not realize she was violating the code. She stated that she pruned the tree because of a huge rat being in the garage that she believes came from the tree. She stated that she is on a fixed income and to replace the tree would be a financial burden for her to replace. Board member Bill Rini stated that by topping the tree, it damages the tree. He stated that he wandered if the tree will survive over time. He stated that they might could offer an extension of time to help with the financial burden. Ms. Newby stated that seeing in the photos you can see that there is new growth on the tree. She stated that the branches were touching the garage door. Board member Bill Rini stated that the side of the tree might have been touching the garage but the top of the tree was not. Vice -chair Alfred Mannella stated that there is a violation and the tree will eventually die and already has a separation in the center. Board member Bill Rini asked the Respondent what amount of time was Ms. Newby was requesting. Ms. Newby stated that she would like until November to replace the tree. Bill Rini made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day from December 18. 2012 until complied; seconded by Tom Gordo` Board member Tom Gorgone asked was the original date of the violation. Mr. LaClair stated that the violation was on March 12, 2012 and initiated in April. Board member Chandra Myers asked when was the compliance date. Mr. LaClair stated the compliance date was June 12, 2012 and he allowed another 30 day extension to July 12. Tom Gorgone made an amended motion to find the Respondent in violation of the cited City code with a fine o $100 per day from November 20. 2012 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 Board member Forte opposing CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 CASE NO. 12-867 John R. Clark & Heather Smith 1975 Country Brook Ave. Clermont, F134711 LOCATION OF VIOLATION: 1975 Country Brook Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-122-Permitted Uses; Section 122-349 (b) (3)- Permitted Home Occupations; Chapter 14-9, Section 108.1.2-Unsafe Equipment; Section 108.1.5 (10)-Dangerous Structure or Premises; Section 605. 1 -Installation; Section 603. 1 -Mechanical Appliances; Section 603.2-Removal of Combustion Products; Section 308.2-Disposal of Rubbish. 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 commercial printing occurring in the garage of your residence on 1975 Country Brook Drive, which is not permitted. The commercial machinery that is being used in the making of the shirts is well beyond that which is considered customary residential (R1 Single -Family) use, and is therefore not permitted. Chapter 122-122 Permitted Uses; Chapter 122-349(b) (3) Permitted Home Occupations. The equipment being used in the garage is considered unsafe in its existing condition and location, and poses a safety risk to home occupants and neighbors. The garage is not a safe environment to operate such equipment, due to the lack of fire protection measures that would be required. Chapter 14-9 IPMC, Section 108.1.2 Unsafe Equipment, Chapter 14-9 IPMC, Section 108.1.5(10) Dangerous Structure or Premises. Failure to obtain a permit for the electrical modifications made in the connection of the commercial dryer. Additionally, there is no vent connected to the dryer, as required. Chapter 14-9 IPMC, Section 605.1 Installation, Chapter 14-9 IPMC, Section 603.1 Mechanical Appliances, Chapter 14-9 IPMC, Section 603.2 Removal of Combustion Products. The chemicals and paints used in the printing of the shirts are required to be handled, removed, and stored per MSDS (Material Safety Data Sheet) requirements. MSDS sheets were not available for reference. Additionally, chemicals and paints are being disposed of onto the driveway and lawn, which is not permitted per Danielle Owens, the Florida Department of Environmental Protection (DEP). Additionally, there is a street curb drain located in front of the residence, which would be the collection drain for water leaving the property. Chapter 14-9 IPMC, Section 308.2 Disposal of Rubbish. Compliance of This Violation will be when the following conditions are met in their entirety: All commercial printing equipment used for the manufacturing of shirts must be permanently removed from the residence/garage. This type of equipment may only be used in an approved commercial location. All commercial printing 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 chemicals and paints must be stored off premises in accordance with the requirements of the MSDS. City attorney Dan Mantzaris asked Ms. O'Shea to explain how she identified the equipment as a dryer. Ms. O'Shea stated that when she went to the website to identify the dryer. Board member Bill Rini asked if the specs for the dryer show what is required and why it's required to be vented. Ms. O'Shea stated that it's due to the heat and smoke created from the dryer. She stated that this is not considered a home occupation. Board member Bill Rini asked Ms. O'Shea if she looked at that electrical panel for the inspection date. Ms. O'Shea stated that she did not look at the panel and no pen -nits have been pulled for additional electrical. Jimmy Crawford stated that he represents Mr. Clark. He stated that the primary consideration is to determine whether he can operate his business. He stated that Mr. Clark operates a sign business approximately 1 '/z miles away from his home. He stated that the sign business does not have enough room to include the t-shirt business which is about 5% of his business. He stated that Mr. Clark operates the machinery for the t-shirt business approximately two to three hours a week. He stated that the garage door is open during the operation of the machinery for the t- shirts. He stated that he has a petition from the immediate neighbors stating that they are aware of the operation of the business and have no problems with the operation, nor do they feel unsafe. It states that there are no loud noises, strange odors, or traffic coming and going to the home. He stated that someone complained but it was not one of the neighbors. He stated that this could fall under an accessory use or as a home occupation. He stated that under the definition of the home occupation it does not state the equipment that is involved in the association of the residence, it states "equipment in size or numbers that is normally in association of the residence". He stated that there are three pieces of equipment in the garage and one more that hasn't worked for four years. He stated that he does not consider that "in numbers or size" beyond what would be normally found in a garage or workshop. He stated that this type of business is not included in the list of prohibited businesses for home occupation. He stated that the dryer is connected electrically correct with a 220 plug and was wired by an electrician. He stated that the last picture shown with that included an extension cord was a photo of the irrigation system and underground fence for the dog and has nothing to do with the dryer. He stated that the dryer does not need to be vented if it is used in an open environment, which it is because the garage door is open when the dryer is in use. He stated that they do have a quote for the ventilation if the city states that it must be ventilated. He stated that the paint is not flammable and they will not dispose of into the drains. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 John Clark, 1975 Country Brook, stated that his primary business is a sign business. He stated that his t-shirt business brings in approximately 5% to 7% of his income. He stated the embroidery and vinyl work is completed in the shop but the screen print part of his business is done in his garage because the amount of space the equipment takes up. He stated that the fire inspector noted that the dryer is hard wired to the main panel to the house, not the subpanel in the garage. He stated that it is wired 220. He stated that he does now have the MSDS sheets that are required and he will keep them in his garage. He stated that he works in his garage at night but all deliveries are made to his sign business. He stated that he has to man his sign shop from 8am to 5pm, so he only works on the screen printing in the evenings and it is not all the time. He stated that part of the business is very sporadic. Sylvia Holt, 1972 Country Brook Avenue, stated that she has lived there for 3 years and she has never smelled anything or seen any trash. She stated that she does not hear any noise and there is never any traffic to his home. She stated that she is always outside and Mr. Clark is a quiet neighbor. Konica Harwick, 1972 Country Brook, stated that she has also lived in the neighborhood for 3 years. She stated that she has not smelled any odors or seen any traffic to Mr. Clark's home. She stated that she has a daughter who is always playing outside and she would never allow her to be harmed by anything and don't see anything hazardous with what he does. Jim Purvis, 4206 Hammersmith Dr., stated that Mr. Clark is a personal acquaintance of him. He stated that Mr. Clark is unfortunately in a predicament. He stated that he has printed t-shirts for certain political candidates and not for other candidates. He stated that this is obviously a complaint from a competitor. Board member Tom Gorgone stated he wants to hear about the violations other than accusations. Mr. Purvis stated that testimony was given pertaining to the fire department inspector, yet the inspector is not here to cross examine. He stated that testimony was presented concerning electrical connections with no verification by a qualified person. He stated that he cautions this Board to be careful because this is very similar to a previous case that ended up before Federal Court. City attorney Dan Mantzaris asked Mr. Purvis if he was aware of whether there were any permits pulled for electrical work that was completed. Mr. Purvis stated that he is not aware of any permits. Mr. Mantzaris asked Mr. Purvis if it would surprise him that the electrical work was completed without a permit. Mr. Purvis stated that he wouldn't say that it would surprise him, it was unknown to him. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 Mr. Mantzaris asked Mr. Purvis if he had any specific information with regards to the operation of the equipment and business in a residential area. Mr. Purvis stated that know no more than what was presented by staff. Board member Tom Gorgone stated that the complaint is brought forth by the Code Enforcement Officers and the information provided by the Code Enforcement Officers is germane to what the city code states. He stated that therefore the presence of the fire inspector was not needed. He stated that the Code Enforcement Officers are trained and adequate to present the city's cases. Mr. Crawford stated that he understands that the fire inspector was not required ��t,,pQ� come to testify for the case; however the Code Enforcement Officer testified that the dry�vas wired through an extension cord, an electric fence or an irrigation system. He stated that she did not know they were hard wired into 220 and cited Mr. Clark for fire violations, so it is important to have the right people present who can testify the correct information. Board member Bill Rini asked Mr. Clark if he explained to the fire inspector was hard wired. Mr. Clark stated that the fire inspector knew it was hard wire, but Ms. O'Shea wasn't paying attention or she forgot. He stated that the fire inspector saw the hard wire and spoke to the electrician. �ctwated t tVl�v.at t�'i� � oS�,i S City attorneyhse only reference to the fire inspector was Ms. O'Shea pointing out the presence of the fire inspector in the picture. He stated the key issue is the city does not know what was used to power this equipment because there was no permit acquired for wiring this equipment. Board member Bill Rini asked about the toxicity of the products. Mr. Clark stated that all the inks are drain safe and they are nontoxic. He stated that the only chemical that is put into the washout booth is the emulsion from the screens that is 1000/1 ratio of emulsion to water. Board member Bill Rini asked that the chemicals are commercial product. Mr. Clark stated that you can buy the products from Michaels so he's not sure that they are commercial products. Board member Bill Rini asked if Mr. Clark if he had a business location but also conducts some of the work from home. Mr. Clark stated that was true and he was told by the City he was not required to have a Business Tax Receipt. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 Mr. Crawford stated that they believe it is allowable as an accessory use. He stated that they will pull an electrical permit if requested, they will keep the MSDS sheets at the location, the chemicals will be disposed of properly, and they will vent the dryer. He stated they this is an allowable business. City attorney Dan Mantzaris stated that Mr. Clark stated that this is an operation as part of his business in a residential neighborhood. He stated that Mr. Clark is using his home to operate his business rather than paying rent for a larger location for his business. He stated that an accessory structure are considered garages, pools, and sheds, not a piece of business equipment that manufacturing t-shirts to be sold as part of a business operation. He stated that the city will not give him a Business Tax Receipt because he does not meet the guidelines for a home occupation. Board member Bill Rini asked if the equipment is insured under his business insurance. Mr. Crawford stated that it is not insured under his business, it's under his home insurance. Vice -chair Alfred Mannella stated that it doesn't matter if the equipment is insured or not. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day from September 18. 2012 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 Vice - chair Alfred Mannella opposing CASE NO. 12-868 Elaine Henry 282 Hunt Street Clermont, F134711 LOCATION OF VIOLATION: 282 Hunt Street, 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 and rear yards 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 VA CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 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 trees. A tree removal permit must be submitted prior to removal. Elaine Henry, 282 Hunt St., stated that she had asked someone to trim the trees and did not know that they were going to trim them in this manner. She stated that she has replaced the two trees in the back and will replace the tree in the front. She stated that she has obtained a tree removal permit from the city and was told the permit was good for ninety days. She stated that the tree removal company will be back this week to remove the trees in the back; however she needed additional time to remove the tree from the front yard. Board member Chandra Myers asked how much time Ms. Henry will need to remove the trees from the yard. City attorney Dan Mantzaris stated that staff is willing to allow the Respondent to November 20, 2012 to remove the trees. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a ne of $100 per day from November 20, 2012 until complied: seconded by Chandra Myers. The vote was 5-1 in favor of findiag the Respondent in violation with the fine and date with Board member Ken Forte opposing. CASE NO.12-869 Thomas E. & Dawn Peake 165 Carroll Street Clermont, F134711 LOCATION OF VIOLATION: 165 Carroll Street, Clermont, FL 34711 VIOLATION: Chapter 14-9, Section 302.4-Weeds; Section 302. 1 -Sanitation; Chapter 34, Section 34-95-Prohibition of Storage of Certain Items 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 n CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches. This includes trimming the grass/weeds in the front yard that has grown up through the hedges. (Section 302.4 Weeds). There is miscellaneous debris scattered around the property, including but not limited to, buckets, cans, blocks, wood, concrete, stagnant water in buckets, etc (Section 302.1 Sanitation) Expired trailer and boat. (Chapter 34-95 Prohibition of storage of certain items). Action required to correct violations: The premises, front and back, must be uniformly trimmed and mowed below 18 inches in height. Remove all miscellaneous debris and garbage, and dispose of it from the property. Remove the boat and trailer from the property, or store it in an enclosed garage. Thomas Peake, 165 Carroll Street, stated that he has been taking care of his father and he has been trying to take care of the violation issues. He stated that he has most of the items off the property. He requested extra time to finish cleaning up the property. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a ne o $100 per day from October 16 2012 until complied • seconded by Chandra Myers. The vote was unanimous in favor o, f finding the Respondent in violation with the fine and date. CASE NO. 12-872 Pooran & Khamrajie Sukdeo 779 Lakeview Pointe Drive Clermont, F134711 LOCATION OF VIOLATION: 779 Lakeview Pointe 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 three Oak trees located in the front yard of the property that were severely over pruned, in which all of the limbs were removed. 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 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 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 trees. A tree removal permit must be submitted prior to removal. Kjamrajie Sukdeo, 779 Lakeview Pointe Dr., stated that she was informed she could plant some American elm. She stated that she has severe allergies and she was advised by the doctor to trim the trees and clean up the moss. She stated she didn't know she was violating the city code. She stated that in opinion the trees are growing back. She stated that she will replace the trees. Board member Tom Gorgone asked Ms. Sukdeo how much time she would need to replace the trees. Ms. Sukdeo stated that she is fine with the time frame presented by staff. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine o $100 per day from November 20. 2012 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 Board member Forte opposing CASE NO.12-855 Richard L. Pooley III 944 Linden St. Clermont, F134711 LOCATION OF VIOLATION: 944 Linden St., Clermont, FL 34711 VIOLATION: Chapter 42, Sections 42-14, Excessive Lighting in Residential Area; Chapter 122, Section 122-344, Construction of Structure without Permit 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 construction and installation of a "lighthouse" on the subject property without a permit. In addition, the lighting produced is not constrained within your property limits. Compliance of this violation will be when the lighthouse 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 is disconnected, a permit pulled and proper inspections passed, or the structure (and lighting) is removed. Tom GoMone made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day,from September 18 2012 until complied • seconded by Larry Seidler. The vote was unanimous in favor otylinding the Respondent in violation with the fine and date. CASE NO.12-870 Theodore P. & Kathleen A. Ross 946 Dartmouth Ave. Clermont, F134711 LOCATION OF VIOLATION: 946 Dartmouth Ave., Clermont, FL 34711 REPEAT VIOLATION: Chapter 14-IPMC, Sections 303.2, Pool Enclosures; Section 303.1, Swimming Pools City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: A panel of screening for the pool enclosure is removed, and the pool is currently accessible, posing a threat to the safety of the public. (Section 303.2 Pool Enclosures). The pool is green and stagnant. (Section 303.1 Swimming Pools). Compliance of this violation will be when all of the premises have met the following conditions: Secure the pool enclosure screen, so there is no unauthorized access to the swimming pool. All pool screening must remain secure and intact at all times. Chemically treat or drain the pool, so that the pool is no longer green and poses a threat. Ms. O'Shea stated she did have contact from the bank and there is a work order for Thursday, August 23, 2012 for the work to be completed. Ken Forte made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250 per day from August 31, 2012 until complied and declare this property a threat to life health and salty to the public: seconded by Chandra Myers. The vote was unanimous in favor q�findingg the Respondent in violation with the ffine and date. CASE NO. 12-871 Federal National Mortgage Association 1798 Vale Dr. Clermont, F134711 11 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 LOCATION OF VIOLATION: 1798 Vale Dr., Clermont, FL 34711 VIOLATION: Chapter 14-9 IMPC, Section 302.4, Weeds; Section 302.1, Sanitation; Section 303.1 Swimming Pool City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches. (Section 302.4 Weeds). Miscellaneous items stored on the side of the house, including but not limited to: buckets, tarps, appliances, etc. (Section 302.1 Sanitation). The pool is stagnant, green and unsanitary. (Section 303.1 Swimming Pool) (Section 302.1 Sanitation). Action required to correct violations: The premises must uniformly trimmed and mowed below 18 inches in height. All appliances and other miscellaneous items must be removed from the exterior of the property, or stored in an enclosed area out of view. Chemically clean the pool so it is clear and clean, and is not a breeding ground for bugs. Larry Seidler made a motion to find the Respondent in repeat violation of the cited City code with a fine o $250 per day from September 18. 2012 until complied and declare this property a threat to life, health and safeU to the public: seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO.12-873 Joseph Lezama 1480 Muir Circle Clermont, F134711 LOCATION OF VIOLATION: 1480 Muir Circle, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71, Minimum Trees City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to: There are not any approved Canopy trees 12 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 21, 2012 located on your property. Compliance of this violation will be when the following is completed in its entirety: Plant three Canopy trees on the property. The trees must individually meet at least the following criteria: 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 either two in the front and one in the rear yard, or vice versa. Larry Seidler made a motion to find the Respondent in violation of the cited City code with a fine 0 100 per day from September 18. 2012 until complied: seconded by Tom Gorgone. The vote was unanimous in favor o indin the Respondent in violation with the fine and date. There being no further business, the meeting was adjourned at 9:11 p.m. Attest: Rae Chidlow, Code Enforcement Clerk Dave Holt, Chairman 13 d FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY HT ❑ []OTHER OTHER LOCAL AGENCY /J . _ _ i 11 . i , NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: WHO MUST FILE FORM 8B ELECTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay closc attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law_ A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. R . + Y Y ! k R 1t • t • 4 R ! i APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. F YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed_ IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Lu i LL ; r'l c_'.xj ; 1 <' hereby disclose that on ���%�/� / 7"� 20 /L' (a) A measure came or will come before my agency which (check one) ❑ inured to my special private gain or loss; inured to the special gain or loss of my business associate,_ inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: zZ4_s. z- 2 �e, AAF /6 7 Lam' 7A- JT/= 2 �' T' !�' /. 7Z Z-4 Xi 9 L "✓ "snit/ .00ti Z� J7 AIYJ L7,n/ S�' 1-11i /S'- Zc7/2 Date Filed by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 112000 PAGE 2 CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. DAVID & DAWN RAMNATH, Respondents. Case No: CEB 12-849 1594 Muir Circle Clermont, Florida ORDER CONTINUNG MATTER TO SEPTEMBER 18, 2012 THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on June 27, 2012 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer, for the City and Respondent, David Ramnath, does hereby order that the hearing on the above -styled matter is continued and shall be heard on Tuesday, September 18, 2012, at 7:00 p.m. at 685 West Montrose Street, Clermont, FL in the Council Chambers at City Hall. Done and Ordered this ); day of June 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA Chairman David Holt I HEREBY CERTIFY that on this day of June 2012, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondents David & Dawn Ramnath, 1594 Muir Circle, Clermont, FL 3471 . Code En cement O'ff feer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-849 Petitioner Violation No. 2043 VS. DAVID & DAWN RAMNATH 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: Wednesday June 27th, 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, David & Dawn Ramnath, 1594 Muir Cir., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935(001� 4435 46) ^ 1 BY: / Suzanne O' ea, Code En cement Officer this 14t" da June 2012. A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT ESE 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 May 22, 2012 To: DAVID & DAWN RAMNATH 1594 MUIR CIR CLERMONT, FL 34711 Violation # 2043 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4437 20 Property Address: 1594 MUIR CIR., CLERMONT, FL 34711 Parcel Number: 20-22-26-1975-0000-0900 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 three Oak trees located in the front yard of the property that were severely overpruned. Hatrackingr 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. Severeiv 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: • The trees must individually 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. You are required to contact me at (362) 241-7309 or soshea(Mclermondl.orn when you comply. You are directed to take action by June 22, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: ne O' ;tgli Mrl�OR •r. •�- �40. ?•fly„ ,.�.. •4 �•r�`€F"Y'' yt` �jl" �1 �,�� .` ' �+ /+$ �p� 'fl'� t tt` M 1 ,ten" . kt, Lim 4';rk 4'N. c � .1.�:ia v t� r r. .r: •.^ �'�[i't+, tE iyy r L•y a`k.�r � . �'� I I �� � � i �� � •fit � ���� � � • �a�C"• mac.. L-},�.� -- 14 F ; 7 obi aizoiz ii:ao A, <IVIV -Suzanne L OShea From: Suzanne L OShea Friday, August 31, 2012 1:56 PM 'Ellis Abide' Subject: RE: JO-EL,Ilc I will do that. You are scheduled for the September 18th hearing, at 7pm. Suzanne O'Shea Code Enforcement Officer City of Clermont 685 W. Montrose St. Clermont Florida 34711 Direct # 352 241-7309 soshea(@clermontfl.org -----Original Message ----- From: Ellis Abide [mailto:ellisrabide(@gmail.com] Sent: Friday, August 31, 2012 1:55 PM To: Suzanne L OShea Subject: JO-EL,llc Suzanne, Please reschedule my appearance in front of the Code Enforcement Board for the upcoming 3rd Tuesday of September 2012. Let me know. Ellis R. Abide (managing member) 1 City of Clermont P.O. BOX 120219, CLERMONT, FLORIDA 34712-0219 STATEMENT OF COMPLIANCE In the matter of: CASE NO. 11-782 JO EL PROPERTIES LLC 340 BUNKER PLACE ORLANDO, FL 32804-3010 RE: VACANT LOTS BETWEEN 7T" & 8T" ST., ON MINNEOLA AND MONTROSE ST, CLERMONT, FL 34711 1. On November 151h, 2011, the Code Enforcement Board held a Public Hearing and issued Findings of Fact, Conclusion of Law, and Order in the above -styled matter. 2. That, pursuant to said Order, Respondent was to have taken certain corrective action on or before December 20th, 2011, or $250.00 per day would accrue until the property was found to be in compliance. 3. A reinspection was not requested by the Respondent, but the property was observed to be in compliance on February 27, 2012. 4. Fines have accrued in the amount of $17,000. (68 days @ $250 p/d) Dated c� Suizrano� O'Shea Code orcement Officer City of Clermont CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Case No: CEB 11-782 Vacant lots between 7 & 81h St. on Minneola Ave Petitioner, Clermont, Florida VS. JO-EL LLC, Respondent. FINDINGS OF FACT, CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on November 15, 2011 and the Board having heard sworn testimony and received evidence from Suzanne O' Shea, Code Enforcement Officer, for the City and having noted that Respondent was not present, thereupon issues the following Findings of Fact, Conclusion of Law, and Order: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. was provided to Respondent. 2) The Respondent is the owner of and in custody and control of the property described in the Violation Notice dated October 7, 2011, located in Clermont, Florida. 3) There exists on the property excessive accumulation of weeds, grass, debris and rubbish. I1. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, JO-EL LLC is in violation of Clermont City Code Chapter 34, Section 36-61 (1) Weeds, (2) Refuse. III. ORDER Based on the above -stated findings and conclusion of law, it is hereby Ordered that: 1) Respondent shall correct the above -stated violation on or before December 20, 2011, by taking the remedial action as set forth in the Violation Notice dated October 7, 2011. If the cp36042doW O60 Case No: CEB 11-782 Respondent fails to timely correct the violation a fine of TWO HUNDRED FIFTY DOLLARS ($250.00) will accrue for each day the violation continues past December 20, 2011. 2) Respondent bears the burden of, and shall contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondent shall call (352) 241-7309 to request an inspection. 3) Any fine imposed shall accrue from the date it is imposed until the date that the violation is corrected as verified by the City of Clermont Code Enforcement Department. t Done and Ordered this day of November 2011. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA-9 ames T. Purvis 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 S � day of November 2011, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, Jo El LLC 340 Bunker Place, Orlando, FL 32804-3010. -� DO 9 )& 000R 3� 5t( q94 cp36042doc#1060 2 City of Clermont P.O. BOX 120219, CLERMONT, FLORIDA 34712-0219 AFFIDAVIT OF COMPLIANCE In the matter of: CASE NO. 12-857 JO EL PROPERTIES LLC 340 BUNKER PLACE ORLANDO, FL 32804-3010 RE: VACANT LOTS BETWEEN 7T" & 8T" ST., ON MINNEOLA AND MONTROSE ST, CLERMONT, FL 34711 On July 17, 1012, the Code Enforcement Board held a Public Hearing and issued Findings of Fact, Conclusion of Law, and Order in the above -styled matter. 2. That, pursuant to said Order, the Respondent was found to be in REPEAT VIOLATION, and fines were ordered to accrue in the amount of $250.00 per day, for every day the violation was observed since July 2, 2012. Fines would continue to accrue until full compliance was met. 3. 1 was contacted by the Respondent, and was requested to conduct an inspection on Monday July 161n. I performed an inspection and the property did not meet compliance on this date. The Respondent was notified. 4. A random inspection was performed on July 25tn, which did not comply. 5. At the Respondents request, I met him on property on July 271n, 2012, to review the areas of concern. An email from the Respondent on July 30tn stated that it was completed. Again, the property was not yet in compliance upon inspection on July 30tn, and the Respondent was notified. 6. A final inspection was requested by the Respondent, and full compliance was met on August 61n 7. Fines have accrued from July 2"d to August 5tn in the amount of $250 p/d, totaling $8,750 (35 days @ $250 p/d) Dated Su ne O' ea Code Enfor ent Officer City of Clermont CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Case No: CEB 12-857 Vacant Lot on Minneola Between 7th & 8ch Petitioner, Clermont, Florida VS. JO-EL, LLC, Respondent. 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 July 17, 2012 upon Petitioner's Notice of Repeat Violation dated July 2, 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 Respondent was not represented, thereupon issues the following Findings of Fact, Conclusion of Law, and Order of Repeat Violation: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. was provided to Respondent. 2) The Respondent is the record owner of and in custody and control of the property described in the Repeat Violation Notice dated July 2, 2012 and located in Clermont, Florida. 3) As of July 2, 2012 there existed on the subject property tall grass and weeds in excess of 18 inches. 4) This violation is a repeat violation of a prior order of this Board dated November 15, 2011. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, JO-EL, LLC, is in repeat violation of Clermont City Code Chapter 34, Section 34-61 (1) Weeds. III. ORDER Based on the above -stated findings and conclusion of law, it is hereby Ordered that: cp36042doc#1217 1 Case No: CEB 12-857 1) A fine is hereby imposed in the amount of $250 per day commencing July 2, 2012 for the repeat violation. The fine shall continue to accrue at that rate, until such time as the repeat violation is corrected as observed and documented by the Code Enforcement Officer. 2) Respondent bears the burden of, and shall contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondent shall call (352) 241-7309 to request an inspection. AN - Done and Ordered this \Cl� day of July 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA wek5i— Chairman David Holt 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 July 2012, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, Jo -el, LLC, 340 Bunker Place, Orlando, FL 32804-3010. 9171 9690 0935 0016 4442 39 ode hiforc ent OfficerQ_ co36042doc#1217 1) Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner VS. KINGS RIDGE COMMUNITY ASSOCIATION INC C/O LELAND MANAGEMENT and KINGS RIDGE GOLF CLUB LLC Respondent Case No. 12-876 Violation No. 1771 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, September 18t"1 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 Respondents, Kings Ridge Community Association Inc., C/O Leland Management, 1900 Kings Ridge Blvd., Clermont, FL 34711 (Certified Mail# 9171 9690 0935 0016 4446 28) Kings Ridge Golf Club LLC., 701 Golf Park Dr., Celebration, FL 34747 (Certified Mail# 9171 9690 0935 0016 4446 35) rl\ BY: Suzann Sh , Cod o e ent Officer this 271h day pfinugust, 2012. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTE)t/CONSIDERED AT THESE PROCEEDINGS, UCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO NSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON JHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE April 12, 2012 To: KINGS RIDGE COMMUNITY ASSOCIATION INC C/O LELAND MANAGEMENT 1900 KINGS RIDGE BLVD CLERMONT, FL 34711 CERTIFIED MAIL# 9171 9690 0935 0016 4432 70 and KINGS RIDGE GOLF CLUB LLC 701 GOLF PARK DR CELEBRATION, FL 34747 CERTIFIED MAIL# 9171 9690 0935 0016 4432 87 Violation # 1771 Property Address: STORMWATER AREAS LOCATED ON THE KING'S RIDGE GOLF COURSE, CLERMONT, FL 34711 Type of Violation: VIOLATION OF THE CONDITIONAL USE PERMIT In Violation Of: Chapter 86, Section 86-141 Titled: Conditional Use Permits "Generally." (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 violation of the Conditional Use Permit, Resolution No. 1455, adopted on January 22nd of November, 2005. Page 10, Section G- Soormwater Management Plan Requirements, #5 states, "A duly authorized and sanctioned Home (Master Property) Owners Association, shall be the entity responsible for the maintenance of the stormwater management system." • In the area of Farmington Ct. the stormwater system area, consisting of the retention pond, outfall structure, pipes, etc., have become eroded, damaged, and suffered collapse. There has been a lack of general maintenance to the pond observed by weeds and grass over 18 inches in height, and the dumping of concrete in the area. Compliance of This Violation will be when the following conditions are met in their entirety and within the time specified: 1. Mow/trim retention areas so that weeds and grass do not exceed 18 inches. 2. Remove all miscellaneous refuse and vegetative debris from the pond. 3. Engineered plans are submitted to the City of Clermont Engineering Department for the rebuilding of the damaged stormwater system. (Please contact (352)241-7337 Tamara Richardson- Director of Engineering, for specifics on submission requirements) 4. Routine maintenance is performed on the contributing stormwater system to eliminate any areas of blockage, backups, water flow issues, etc. 5. The stormwater system is rebuilt and maintained as to the approved plans submitted to the engineering department. You are directed to take the above action for compliance by June 30, 2012. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. Please call (352) 241-7309 or contact me at soshea(ftlermontfl.org when compliance is met or if you have any concerns regarding this matter. By; , Vr Su a e O'Shea Code Enf6rcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-878 Petitioner Violation No. 2143 VS. WOODY & WALLACE LAND DEVELOPMENT 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 Sept 18, 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, Woody & Wallace Land Development LLC, 11740 Osprey Pointe Blvd, Clermont, FL 34711(Certified Mail/Return Receipt Requested .8171 9690 0935 0016 4584 41) BY: - Allen LaClair Code Enforcement Officer This 27th day of August, 2012. 'r: 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 I HIS 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 4584 41 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE August 27, 2012 To: Woody & Wallace Land Development LLC 11740 Osprey Pointe Blvd. Clermont, FL 34711 Violation # 2143 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4584 41 Property or Violation Address: Hancock Towne Centre Sub Lot 5 Parcel Number(s): 28-22-26-010000000500 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 property. 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 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-881 Petitioner Violation No. 2108 VS. JOANNES THOEN PHYLLIS FLORES TRUSTEE 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 September 18th1 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, Joannes Thoen, Phyllis Flores Trustee, P.O Box 1270, Minneola, FI 34755-1270 (Certified Mail/Return Receipt Requested# 9171 9690 0935 001 446 80) BY: Code En orcInt OfficerThis 28thdaAugust 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, "'JCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH ICLUDES 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 July 24, 2012 To: JOANNES THOEN PHYLLIS FLORES TRUSTEE P.O BOX 1270 MINNEOLA, FL 34755-1270 Violation # 2108 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4443 21 Property Address: 251 CRESTVIEW DR., CLERMONT, FL 34711 Parcel Number: 18 22 26 0200 00130 0600 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 (1) Weeds Chapter 34, Section 34-61 (3) Harborage for Rats, Snakes and other Vermin 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 accumulation of high grass and weeds on the property in excess of 18 inches. Compliance of This Violation will be when the entire premises has been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed. Please contact me at 352 241-7309 or soshea(a--)clermontfl.org when you comply. You are directed to take the above action for compliance by August 4, 2012. 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: Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-882 Petitioner Violation No. 2146 vs. KANKOO ENTERPRISES 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 September 18, 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, Kankoo Enterprises LLC, c/o Akber Jamal, 3015 Windchime Circle West, Suite 786, Apopka, FL 32703(Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4584 65) BY: Allen LaClair, Code Enforcement Officer this 29th day of August, 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 'HIS 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 REPEAT VIOLATION NOTICE August 29, 2012 To: Kankoo Enterprises, LLC c/o Akber Jamal 3015 Windchime Circle West Suite 786 Apopka, FL 32703 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4584 58 Property Address: Hancock Rd & E Hwy 50, Clermont Parcel Number(s): 27-22-26-000200000900 Violation # 2146 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 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. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy immediately will result in a Notice to Appear for a hearing before the Code Enforcement Board and fines will accrue as of today's date until the violation is abated. By: Allen LaClair Code Enforcement Officer 9171 9690 0935 0016 4584 58 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-883 Petitioner Violation No. 2147 VS. EDWIN GRAVENSTEIN, 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 September 18, 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, Edwin Gravenstein, 1542 Pier St, Clermont, FL 347356 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4584 65) BY: Allen La lair, Code Enforcement Officer this 30th day of August, 2012. "" 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. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE Aug 30, 2012 To: Edwin Gravenstein 1542 Pier St. Clermont, FL 34711 Copy To: Gary & Gloria Jones 17721 Deer Isle Cir Winter Garden, FL 34787 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4584 65 Violation # 2147 Property or Violation Address: 1542 Pier St Parcel Number(s): 20-22-26-016000005400 Type of Violation: FAILURE TO REMIT IRRIGATION FINE In Violation Of: Chapter 66, Section 66-221 Titled: Fine schedule Type of Violation: VIOLATION OF IRRIGATION SCHEDULE In Violation Of: Chapter 66, Section 66-220 Titled: Landscape irrigation schedule 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. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. By: Allen LaClair Code Enforcement Officer 9171 9690 0935 0016 4584 65 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-884 Petitioner Violation No. 2148 LT" BERNARD PHILLIPS, 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 September 18, 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, Bernard Phillips, 1056 Glenraven Ln, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4584 72) BY: Allen LaClair, Code Enforcement Officer this 30th day of August, 2012. 7 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. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE Aug 30, 2012 To: Bernard J Phillips 1056 Glenraven St. Clermont, FL 34711 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4584 72 Violation # 2148 Property or Violation Address: 1056 Glenraven St. Parcel Number(s): 08-23-26-066000010000 Type of Violation: FAILURE TO REMIT IRRIGATION FINE In Violation Of: Chapter 66, Section 66-221 Titled: Fine schedule Type of Violation: VIOLATION OF IRRIGATION SCHEDULE In Violation Of: Chapter 66, Section 66-220 Titled: Landscape irrigation schedule 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. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. y Allen LaClair Code Enforcement Officer 9171 9690 0935 0016 4584 72