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08-21-2012 Supporting Documentsk CODE ENFORCEMENT BOARD MEETING WEDNESDAY AUGUST 21, 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 JULY 17, 2012 CASE NO. 12-84 O'Shea CONTINUATION: OPENING STATEMENT SWEARING IN WITNESSES AGENDA OTHER BUSINESS David & Dawn Ramnath 1594 Muir Circle Clermont, FL 34711 Chapter 118, Section 118-35 Maintenance and Pruning CASE NO. 12-855 Richard L. Pooley III LaClair �c�isv� 944 Linden St. Clermont, FL 34711 CONTINUATION: Chapter 42, Section 42-14 Excessive Lighting in Residential Area Chapter 122, Section 122-344 Construction of Structure without Permit NEW BUSINESS CASE NO. 12-863 Shreekish, LLC LaClair `` �\ 477 E. Highway 50 Clermont, FL 34711 VIOLATION: CHapter 58, Section 58-116 Failure to Renew Business Tax Receipt CODE ENFORCEMENT BOARD MEETING WEDNESDAY AUGUST 21, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. © CASE NO.12-864 Norma C. & Richard S. Newby LaClair `� 2513 Holly Berry Circle D0&x v-�Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Maintenance and Pruning CASE NO.12-866 Mandy Aiello LaClair 3046 Anquilla Avenue Clermont, FL 34711 VIOLATION: Chapter 66, Section 66-220 & 221 dscape Irrigation Schedule & Fine Schedule CASE NO. 12-867 ���-� John R. Clark & Heather Smith l� O'Shea 1975 Country Brook Avenue Clermont, FL 347] 1 VIOLATION: ?0"ehapter 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. CASE NO. 12-868 Elaine Henry O'Shea S ^ 282 Hunt Street SIX" Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Maintenance and Pruning CASE NO.12-869-4j� Thomas E. & Dawn Peake O'Shea t& 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. CASE NO. 12-870 / Theodore P. & Kathleen A. Ross O'Shea 946 Dartmouth Avenue Clermont, FL 34711 VIOLATION: Chapter 14, Section 303.2-Pool Enclosures; Section 303.1-Swimming Pools k CODE ENFORCEMENT BOARD MEETING WEDNESDAY AUGUST 21, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CASE NO. 12-871 ' Federal National Mortgage Association O'Shea � 1798 Vale Dr. _S� � J� Clermont, FL 34711 VIOLATION: Chapter 14-9, Section 302.4 Weeds; Section 302. 1 -Sanitation; 303.1 Swimming Pool CASE NO. 12-872 �� Pooran & Khamrajie Sukdeo O'Shea 779 Lakeview Pointe Drive Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Maintenance and Pruning CASE NO. 12-873 Joseph Lezama O'Shea `� 1480 Muir Circle Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71 Minimum Trees Discussion of Non -Agenda Items ADJOURN ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE CODE ENFORCEMENT BOARD AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF ANY PERSON WITH A 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 352-394-4083 EXT 302. 3 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, July 27, 2012 at 7:00 p.m. Members attending were Chairman Dave Holt, along with Board members Ken Forte, Larry Seidler, Bill Rini, Alfred Mannella, 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 June 27, 2012 were approved as amended. Code Enforcement Chairman Dave Holt read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case Nos. 12-852, 12-854, and 12-861 have come into compliance and will not be heard. City Attorney Dan Mantzaris stated that Case No. 12-855, Richard Pooley has asked for a continuance of this case. Ken Forte made a motion to postpone Case No. 12-855 to the August 21, 2012 meeting; seconded by Al Mannella. The motion was unanimous to postpone Case No. 12-855. CASE NO.09-504 Clermont Motor Lodge The First National Bank of Mount Dora (Trustee) 1320 US Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 1320 US Highway 27, Clermont, FL 34711 REQUEST: Extension of Time City Attorney Dan Mantzaris introduced the case. The Respondent was present. Attorney Dell Potter, Mount Dora, stated that they had not planned on being back before the Board. He stated that they have been before the Board numerous times to request an extension 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 for compliance. He stated that their issue is economically driven. He stated that they have had two contracts on the property and was supposed to close two weeks ago. He stated that the buyer could not close because he had issues with the City of Clermont and the plans. He stated that they now have a new contract, but no date for closing at this time. He stated that they request ninety days extension to allow time to close on the property. He stated that the new buyer understands the conditions that are required by the City to bring this property into compliance. Board member Bill Rini asked how many extensions have they received. Mr. Potter stated they have had four extensions. Board member Bill Rini asked if there should be a timeline on this case or do they excuse and continue to give an extension each time. City Attorney Dan Mantzaris stated that there were legal issues with the State and there has never been another case in the City with this many extensions. He stated that it is easier for the Respondent to sell the property without a lien then if a lien were on the property. He stated that they want to get this property into the hands of someone who will bring this property up to current code. He stated that the City cannot support another extension. Board member Tom Gorgone asked what the time frame is for closing with this current contract. Mr. Potter stated that there is not an actual contract, just an offer on the table that is in writing. He stated that they are expecting to have a signed contract. He stated that they would like ninety days to allow time to complete this contract. Board member Bill Rini asked that if they continue to allow the extension then there is no leverage on the City's part and there would be no real reason for negotiations to move fast. Mr. Potter stated that they are under pressure to sell because they are running out of money. Ken Forte made a motion to extent the compliance date from to October 16. 2012: seconded by Alfred Mannella. The vote was unanimous in favor ofextending the compliance date. CASE NO.12-845 Daisy Clark c/o Lucille Deramus 769 E. Montrose St. Clermont, F134711 LOCATION OF VIOLATION: 769 E. Montrose St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9, IPMC - Section 108.1.3 Structure Unfit for Human Occupancy; Section 108.5 Prohibited Occupancy; Section 108.2 Closing of Vacant Structures; Sectic 501.2 Responsibility —Plumbing; Section 601.2 Responsibility- Mechanical and Electrical. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: The structure is not livable, sanitary, or safe, and it is unfit for human occupancy. The property has been placarded "UNSAFE" and "UNINHABITABLE." There is no water or electric service to the residence. Every dwelling unit shall have an adequate supply of both hot and cold water, and mechanical and electrical facilities. All shall be properly installed and maintained in safe and good working conditions. (Section 108.1.3 Structure Unfit for Human Occupancy, Section 108.5 Prohibited Occupancy, Section 108.2 Closing of Vacant Structures, Section 501.2 Responsibility — Plumbing, Section 601.2 Responsibility- Mechanical and Electrical). Compliance of this violation will be when the following occurs: The premises has been placarded "Unsafe" by the City of Clermont Building Official, and no person is permitted to occupy the structure until a scope of work, in addition to all necessary permits are submitted to the Planning & Zoning Department. Until such time, the premises must remain secured or demolish the structure. A demolition permit must be obtained prior to removing the structure. Additionally, all debris and miscellaneous items must be completely cleared from the property. Board member Bill Rini asked if the police could assist in vacating this property from any human habitation. Mr. Mantzaris stated that once a property has been deemed inhabitable the police do have the ability to arrest anyone who enters the premises. Lucille Deramus, 549 Broome St., was present. Ida Deramus, 549 Broome St., was sworn in. She stated that they have no problem bringing the property up to code. She stated that the issue is every time they try to repair the property, they have someone who destroys it. She stated that they are requesting an extension for them to go through the legal actions to have this person removed from the property. She stated that they would like six months extension. Lucille Deramus requested six months extension. City Attorney Dan Mantzaris stated that six months is appropriate to allow them the timeframe to complete the legal issues and the code issues. Chandra Myers made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day from January 15. 2013 until complied: seconded by Tom Gorgone. The vote was unanimous in favor of f nding the Respondent in violation with the fine and date. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JULY 27, 2012 CASE NO.12-847 William & Renee Banzhaf 990 W. Montrose St. Clermont, F134711 LOCATION OF VIOLATION: 990 W. Montrose St., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9, IPMC - Section 108.1.4 Unlawful Structure; Section 304.6 Exterior Walls; Section 304.10 Stairways, decks, porches, and balconies; 304.12 Handrails and Guards; Chapter 122, Section 122-344 General development conditions. 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 sections of the City of Clermont Code of Ordinances, due to the following: Failure to obtain permits for the work completed to the basement of the residence. This includes exterior doors, all interior renovations, and a change of use from a basement to a living space. The work done is extremely unsafe and poses a serious hazard as it currently is. (Section 108.1.4 Unlawful Structure, Section 122-344. General development conditions). This property is not permitted to be used as a multi - tenant building. It is a single-family residence that has never been officially converted to a duplex. (Section 122-344. General development conditions). Property maintenance issues are as follows: Holes in the building. (Section 304.6 Exterior Walls). An unsafe guardrail/handrail on the ramp to enter in on the west side. (Section 304.10 Stairways, decks, porches, and balconies, 304.12 Handrails and Guards). Compliance of this violation will be when the following conditions are met: A complete set of signed and sealed plans are required for the change of use to the downstairs basement. All current work must be discontinued until permitted by the Building Official and Fire Inspector. As a single family residence, only one single family is permitted to occupy the building, all additional tenants are not permitted and must vacate. Or if converting to a multi -tenant building you must meet all requirements for fire regulations, building regulations, parking, etc. Contact the zoning department for details and requirements. Repair all property maintenance issues. Repair all holes in the side of the building so water or wind elements cannot enter. Submit signed and sealed plans for the replacement of the railing. Ms. O'Shea stated that the fire department was called regarding a complaint from a neighbor due to a loud pop coming from the house. She stated that an electrical inspector was also called out to inspect the electrical. She stated that it was determined that it was unsafe and Progress Energy was called out to disconnect the power to the house. Board member Bill Rini asked if when looking at the electrical panel was there dates for inspections. He stated that probably what happened is the secondary blew. He stated that if the 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 electric is turned on without a final inspection then the safety of anyone around will be jeopardized. Ms. O'Shea stated that the Building Official agrees. Bill Banzhaf, 116 Blueberry Lane, Copperhill, Tennessee, stated that when he purchased the property in 2004, it was a two family dwelling. He stated that the lady who previously owned the property rented the upstairs. He stated that in 2005 there was an issue of sharing electricity so he had an electrician put a second meter in and when the electrician gave him the estimate, he stated that it was too much so he did not get it done. He stated that he was never told that he could not use that property as a two family dwelling. He stated that in 2011, he entered into a lease purchase with Jeffery Eaves. He stated that he understood that Mr. Eaves was doing cosmetic improvements, and then the issue came up with the lady he was going to rent to and found out that Mr. Eaves and that is when code enforcement got involved. Chairman Dave Holt asked what Mr. Banzhaf would need to bring this property into compliance. Mr. Banzhaf requested 120 days to allow him to come into compliance. Chairman Dave Holt asked Mr. Banzhaf if he understood that the property is to be a single family dwelling, not a multi -family dwelling. MR. Banzhaf stated that even to keep the property as a single family resident he still has a lot of repairs. He stated that he would have to get a licensed contractor to pull the permits. Jeffery Eaves, 769 E. Montrose St., stated that he purchased the property. He stated that it is not fair for him to have to leave his home and his concern is that someone is going to come by and take his personal items. He stated that when he moved into the home, the basement already had a toilet and doors. He stated that he cleaned it up and put carpet down there. Tom Gorzone made a motion to find the Respondent in violation of the cited City code with a ne of $250per day,from August 21, 2012 until complied and find that the violations constitute a serious threat to the public health, safety and welfare; seconded by Bill Rini. The vote was 5-2 in favor of finding the Respondent in violation with the fine and date, with Board members Mannella and Forte opposing CASE NO.12-859 Abner & Debbie Velez 595 Rob Roy Clermont, Fl 34711 LOCATION OF VIOLATION: 595 Rob Roy, Clermont, FL 34711 VIOLATION: Chapter 14, Sections 14-9, IPMC — Section 302.4, Weeds; Section 304.1, Exterior Structure — General; Section 302.1, Sanitation. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 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 sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: Broken garage door that is being propped up with a piece of wood. (Section 304.1 Exterior Structure- General). Action required to correct violations: Replace/repair the garage door so that it is functional and operates properly. Floyd Davis, 674 Harbor Villa Ct. stated that he lives down the street; he stated the garage door was fixed the day after they received the violation. He stated that he's been laid off and they did not have the money to have it fixed. City attorney Dan Mantzaris stated that the City is willing to postpone this case to allow Ms. O'Shea to verify that the garage door is fixed. Alfred Mannella made a motion to postpone this case to the August 21. 2012 meeting: seconded by Chandra Myers. The vote was unanimous in favor oLpos(poning this case. CASE NO. 12-853 Hunter's Trace Properties, Inc. 701 E. Highway 50 Clermont, F134711 LOCATION OF VIOLATION: 701 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Sections 118-35, Maintenance and Pruning 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 failure to maintain code required landscaping behind Walgreens. Three trees required by code are dead due to no irrigation. Compliance of this violation will be when replacement trees are installed and irrigation is provided to those trees. Chairman Dave Holt asked if this is a three feet span of dirt that the tree has to be planted in. L CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 Mr. LaClair stated that yes it is about a three feet section. He stated that was the requirement for the landscaping plan at that time. Chairman Dave Holt asked if the City thinks this is a sensible thing to do. Mr. LaClair stated that it's the City's stance that the tree is required to be replaced. He stated that the property owner could not attend the meeting but he requested sixty days to replace the trees. Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $150per day,from August 21. 2012 until complied: seconded by Larry Seidler. The vote was 6-1 in favor of finding the Respondent in violation with the fine and date with Chairman Holt imposing Chairman Dave Holt stated that the tree ordinance needs some work. He stated that planting a canopy in a three feet span of dirt does not make any sense at all. CASE NO.12-857 Jo -El, LLC Minneola, Montrose & l0a' St. Clermont, F134711 LOCATION OF VIOLATION: Minneola, Montrose & I& St., Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Sections 34-61 (1), Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions that exist on the property: overgrowth of tall grass and weeds in excess of 18 inches. Compliance of this violation will be when the following conditions are met: The entire property is cleaned of all weeds and grass over 18 inches. Alfred Mannella made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250 per day, from July 2. 2012 until complied: seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD J U LY 27, 2012 CASE NO. 12-860 Carla Freeman c/o James Freeman Vacant lot Highway 50 Clermont, F134711 LOCATION OF VIOLATION: Vacant lot Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Sections 118-35, Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions: Excessive accumulation of grass and weeds in excess of 18 inches. (Section 302.4 Weeds) (Section 302.5 Rodent Harborage). Rotten and broken tree limbs/branches on the property. (Section 301.3 Vacant Structures and Land). Compliance of this violation will be when the property meets the following conditions: All grass and weeds trimmed below 18 inches. All vegetative debris (cut limbs, rotted branches, etc.) is removed from the property. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine o $250 per day from August 21. 2012 until complied; seconded by Chandra Mvers. The vote was unanimous in favor otfinding the Respondent in violation with the fine and date. There being no further business, the meeting was adjourned at 8:44 p.m. Attest: Rae Chidlow, Code Enforcement Clerk Dave Holt, Chairman 8 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner VS. NORMA C. & RICHARD S. NEWBY Respondent Case No. 12-864 Violation No. 1996 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 August 21, 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, Norma C. & Richard S. Newby, 2513 Holly Berry Circle, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4582 98) BY: Allen LaClair, Code Enforcement Officer this 31" day of July, 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. 9171 9690 0935 0016 4582 98 T City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE April 12, 2012 To: Norma C. & Richard S. Newby 2513 Holly Berry Circle Clermont, FL 34711 Violation # 1996 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2722 61 Property or Violation Address: 2513 Holly Berry Cir Parcel Number(s): 28-22-26-190000004600 Type of Violation: SEVERE PRUNING OF REQUIRED TREE(S) In Violation Of: Chapter 118, Section 118-35 Titled: Maintenance and Pruning 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 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. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 60 days will result in a Notice to Appear for a hearing before the Code Enforcement Board By: 6" Allen LaClair Code Enforcement Officer k je/ i. . Fxn t w , 1 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner vs. JOHN R CLARK & HEATHER SMITH Respondent Case No. 12-867 Violation No. 2074 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: August 21 st, 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 R Clark & Heather Smith, 1975 Country Brook Ave., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4441 47) BY: Suzanne O'Shea, Code Enforcement Officer this 1st 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 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 June 27, 2012 Violation # 2074 To: JOHN R CLARK & HEATHER SMITH 1975 COUNTRY BROOK AVE CLERMONT, FL 34711 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4439 59 Property Address: 1975 COUNTRY BROOK AVE., CLERMONT, FL 34711 Parcel Number: 20-22-26-1955-0001-4900 Type of Violation: UNPERMITTED COMMERCIAL PRINTING IN A RESIDENTIAL AREA 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 chemicals and paints must be stored off premises in accordance with the requirements of the MSDS. Please contact me at (352) 241-7309 or soshea(obclermontfl.org when you comply. You are directed to take action by Wednesday August 1, 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: Suzanne O'Shea Code Enforcement Officer Home Occupations Sec. 58-129. - Home occupations. Every person who operates a home occupation shall pay a local business tax to the city equal to the highest applicable classification. If the occupation is unclassified, the unclassified tax as provided in section 58-130 shall apply. Sec. 82-12. - Land use definitions. The words and phrases defined in this section have special or limited meaning as used in this land development code. The following words, terms and phrases, when used in this land development code shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Home occupation means an occupation or activity compatible with the existing neighborhood, land use and zoning district which may be compatibly conducted by the occupant and maintained within a residential dwelling unit. Such activities shall be incidental to the principal residential use of the premises, and shall not occupy or exceed maximum percentages of total floor area allowable by this land development code, and shall meet all other conditional requirements pertaining to permitted operation of the use specified by this land development code. Sec. 122-349. - Home occupations. (a) Intent. The purpose of this section is to accomplish the following: (1) Permit residents of the city a broad choice in the use of their homes as a place of livelihood and for the production or supplementing of personal and family income. (2) Protect residential areas from adverse impacts of activities associated with home occupations. (3) Establish criteria and development standards for home occupations conducted in residential uses. (b) Permitted home occupations. Permitted home occupations are as follows: (1) Office uses such as professional and business office activities that do not involve clients, customers or employees visiting the premises (telephone use only). (2) Off -site sales of customary hobby crafts produced at hobbyist volumes in the home by family members. (3) Off -site provision of services to other homeowners that does not involve the use of tools or machinery in size or numbers beyond that customarily found in a residence. (c) Prohibited home occupations. The following are prohibited: (1) Motor vehicle and boat repair. (2) Beauty shops and barbershops. (3) Child care centers or nursery schools. (4) Amplified musical instrument instruction. (5) Dance and nonamplified musical instrument instruction, except private tutoring of no more than one student per session. (6) Photography studios. (7) Real estate sales and brokerage. (8) Retail and wholesale sales. (9) Painting or detailing of vehicles, trailers or boats. (10) Upholstering. (11) Welding. (12) Taxidermy. (13) Dentists' and doctors' offices. (14) Lawyers offices. (15) Kennels and pet grooming shops. (16) Any use found by the city manager to not comply with the general nature, intent and requirements of this section and other provisions of the land development code. (d) Restrictions. Home occupations are permitted accessory uses in all residential zones, subject to the following restrictions: �t (1) No persons other than members of the family residing on the premises C't shall be engaged in the home occupation. 1 (2) No use of material or mechanical equipment which creates any uW unreasonably loud, disturbing and unnecessary sound, electrical U� interference, vibration, odor or effect which can be heard, felt or otherwise c( sensed upon adjoining property or other public right-of-way shall be 66 allowed. (3) No commodities shall be advertised, stored or kept outside, or sold on the Of premises. (4) No signs or structures shall be allowed other than those normally permitted in the zone. n �/ V- (5) The use shall not generate pedestrian or vehicular traffic beyond that �e normal to the zone in which it is located. (6) No outdoor storage of materials, supplies or commercial vehicles visible 5 from the public street or adjacent property shall be allowed in connection with the home occupation beyond that normal to the residential character 117 a of the zone. V" (7) The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the operation of the home occupation. The appearance of the structure shall not be altered, nor shall the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use. (8) No home occupation shall cause an increase in the use of any one or more public utilities, water, sewer and garbage collection, so that the combined total use for dwelling and home occupation purposes exceeds the customary average for similar type residences within the city. (9) A local business tax receipt granted for a home occupation shall not be transferred, assigned or used by any person other than the one for which the receipt is granted. \\Cityhall\shares\Planning and Zoning\BTR-Business Tax Receipt info\Home Occupations 1.doc Page 1 of 17 UlA( n MATERIAL SAFETY DATA SHEET (According to ANSI Z400.1-2004) PRODUCT NAME: PROCLAIM CL / DIRECT EMULSION Previous Issue: September 1, 2010 Date Prepared: June 28, 2011 1. IDENTIFICATION OF PRODUCT AND COMPANY Product Name: PROCLAIM CL / DIRECT EMULSION Company: ULANOO CORPORATION 110 Third Avenue Brooklyn, NY 11217 Phone: 718-237-4700 Fax: 718-802-1119 Emergency contact: 1-800-424-9300 (CHEMTREC) MSDS prepared by: P.Drago Recommended use: Manufacture of stencils for screenprinting 2. HAZARD IDENTIFICATION OF THE PREPARATION This preparation is not classified as hazardous according to 29CFR 1910-1200. Appearance: viscous liquid Odor: mild characteristic Potential Health Effects: See Section 11 for more information Potential Health Effects, Eyes: This product may be irritatinto the Potential Health Effects; Skin: (-� Repeated exposure may irritation to skin Potential Health Effects; Ingestion: Ingestion of this product may be irritating to the digestive s -- — Potential Health Effects; Inhalation: o known effect Xi Irritant 36 Irritating to eyes Target Organs: not known This product does not contain anv or potential carcinogens as listed by OSHA, IAR or TP. Potential Environmental Effects: See Section 12 for more information. Page 2 of 17 PRODUCT NAME: PROCLAIM CL / DIRECT EMULSION Date Prepared: June 28, 2011 3. COMPOSITION/INFORMATION ON INGREDIENTS Mixture of the below mentioned materials Hazardous components: EINECS- No CAS - No. Name R-phrases Hazard %content Trade Secret Trade Secret Acrylates 36 Xi 5.0-15% Additional information: For full text of risk phrases see Section 16. 4. FIRST AID MEASURES Inhalation: Remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Get medical attention. Ingestion: Do not induce vomiting. Never give anything by mouth to an unconscious person. Get medical attention. Place in stable side position and seek medical advice. If breathing is irregular or has stopped, apply artificial respiration. Skin Contact: Immediately flush skin with plenty of water for at least 15 minutes. Remove contaminated clothing and shoes. Get medical attention if irritation develops. Wash clothing before reuse. Eye Contact: Immediately flush eyes with plenty of water for at least 15 minutes, lifting lower and upper eyelids occasionally. Get medical attention immediately. 5. FIRE -FIGHTING MEASURES Means of extinction: Unsuitable extinguishing media: Flash point: Upper flammable limit: Lower flammable limit: Explosion data impact: Explosion data static: Autoignition temp: Hazardous combustion products treat surrounding fire Hard water stream n.a n.a n.a n.a n.a n.a typical carbon oxygen compounds Fire fighters should wear SCBA for fighting fires in enclosed areas. 4w. Page 3 of 17 PRODUCT NAME: PROCLAIM CL / DIRECT EMULSION Date Prepared: June 28, 2011 6. ACCIDENTAL RELEASE MEASURES Do not empty large quantities directly into drains) Collect with liquid absorbing material and proceed according to local waste disposal regulations. 7. HANDLING AND STORAGE Keep container tightly closed and in a cool and well ventilated place. Ensure adequate ventilation. Avoid contact with skin and eyes. 8. EXPOSURE CONTROLS AND PERSONAL PROTECTION Occupational exposure limit: CAS # Name OSHA TWA ACGIH TWA No exposure limits established for ingredients Engineering controls General - Local exhaust- Other - Personal Protection Gloves- Respirator- Eye - Protective footwear - Protective clothing- Other - not required recommended none recommended not required protective goggles recommended not required not required none 9. PHYSICAL AND CHEMICAL PROPERTIES Form: viscous liquid Color: white / milky Odor: mild Flash point: n.a Ignition temperature: n.a Density: -1.1 g/cm3 Viscosity: -12,000 cps @ 20°C Explosion limits: n.a Boiling point: -212°F (100° C) Vapour density: >1(air=1) Vapour pressure: 25hPa @ 25°C Freezing point: not known pH: 4.2-5.8 Coefficient of water/ oil distribution: not known Volatile Organic Compounds: less than 0.1 % • Page 4 of 17 PRODUCT NAME: PROCLAIM CL / DIRECT EMULSION Date Prepared: June 28, 2011 10. STABILITY AND Stable under recommended storage and handling conditions Store as a non -hazardous liquid INCOMPATABILITY: Strong oxidizers 11. TOXICOLOGICAL INFORMATION Effects of acute exposure: COMPONENT CAS# LD5o LCso Acrylates Trade Secret >5,000 mg/kg, oral rat Not established General information: Effects of acute exposure: Irritancy of product - Skin sensitization - Respiratory sensitization- Carcinogenicity- IARC- ACGIH - Reproductive toxicity - Teratogenicity - Embryotoxicity - Mutagenicity - Repeated or prolonged contact causes local irritation of skin and mucous membranes, particularly the eyes. possible none reported none known no no no none known none known none known none known Name of synergistic products/effects- none known 12. ECOLOGICAL INFORMATION not empty into drains or release into open water. not store at public waste disposal sites. 13. WASTE DISPOSAL INFORMATION Dispose of as a non -hazardous aqueous waste Empty container: scrap metal recycling or re -conditioning Soiled container: (treatment like product itself) 0. Page 5 of 17 PRODUCT NAME: PROCLAIM CL / DIRECT EMULSION Date Prepared: June 28, 2011 14. TRANSPORT INFORMATION ADR/RID/DOT Packaging group IMDG: Marine pollutant: Packaging group Class: Not regulated UN: n.a n.a Class: not regulated EMS: n.a UN: n.a No n.a 15. REGULATORY INFORMATION Global Inventories (components): TSCA: United States - included DSL: Canada - included ENCS: Japan - included EINECS: Europe - included California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins under California Proposition 65 at levels which would be subject to the proposition. This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the MSDS contains all of information required by the CPR, and it is not classified as a hazardous material. Labeling Xi R-phrases: 36 Irritating to eyes S-phrases: 26 In case of contact with eyes, rinse immediately with plenty of water and seek medical attention Special labeling: n.a National Regulation for Germany: Water pollution class: 1 U Page 6 of 17 PRODUCT NAME: PROCLAIM CL / DIRECT EMULSION Date Prepared: June 28, 2011 16. OTHER INFORMATION HMIS: Health 1, Flammability 0, Reactivity 0 Text of risk phrases mentioned in Section 2: Xi Irritant 36 Irritating to eyes For further information please refer to our technical information sheet. Data in this MSDS correspond with our current level of knowledge, but do not represent any assurance of product proper- ties. The user personally is responsible for compliance with all legal requirements. DISCLAIMER OF RESPONSIBILITY: This document is generated for the purpose of distributing health, safety and environmental data. It is not a specification sheet nor should any displayed data be construed as a specification. The information on this MSDS was obtained from sources which we believe are reliable. However, the information is provided without any warranty, expressed or implied, regarding its correctness. Some information presented and conclusions drawn herein are from sources other than direct test data on the substance itself. The conditions or methods of handling, storage, use and disposal of the product are beyond our control and may be beyond our knowledge. For this and other reasons, we do not assume responsibility and expressly disclaim liability for loss, damage or expense arising out of or in any way connected with handling, storage, use or disposal of this product. Attn: Code Enforcement Board, Date 8/4/2012 I am an immediate neighbor of John Clark and Heather Smith (1975 Country Brook Ave, Clermont FL) Parcel ID 20-22-26-1955-0001-4900 I am signing this to inform you that, I have no problems with what John is doing in his garage. I am aware that he is printing shirts in his garage. There no loud noises, or strange odors coming from his property. There are no deliveries or people coming to pick up merchandise. I do not believe that what he is doing to raise any issues of safety or of determent to the neighborhood. Name 4, cL za Address l y ?� 3s2,/-027 082j��, '7 C3 http `'map„goo9k.eorn raps7hI=en&tab=wl Ci X p 'I 'yy 1975 Country Brook Avenue.. -^ :ile Edit View Favorit ds Help .e! �j FFt Adobe Photoshop CS5 Re... Fit Adobe Photoshop CS5 Re... L Suwested Sites • Gowan Add ons - Scottrade - Home Page • Safety • Tools • �+ Goggle 1975 Country Brook Avenue, Clermont FL M 1975 Country Brook Ave Clwmont. FL 34711 Directions Searchnearby more, Rapw! a p•pphm . lraCa _Ws • NaC ( 00& Maps -War. 600eo .-Y 1^:. E.rwe..rawrr... R.po tap oc.m I7v w 6 .7 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-868 Petitioner Violation No. 2087 vs. ELAINE HENRY 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: August 21 st, 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, Elaine Henry, 282 Hunt St., Clermont, FI 34711 (Certified Mail/Return Receipt Requested#9171 9690 0935 0016 4441 54 ) BY: Suzanne O'Shea, Code Enforcement Officer this V 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 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. 1�� City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE July 2, 2012 To: ELAINE HENRY 282 HUNT ST CLERMONT, FL 34711 Violation # 2087 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4440 24 Property Address: 282 HUNT ST., CLERMONT, FL 34711 Parcel Number: 19-22-26-0076-0001-3200 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 and rear yards of the property that were severely overpruned. 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 trees. • A tree removal permit must be submitted prior to removal. You are required to contact me at (352) 241-7309 or soshea(W-clermontfl.org when you comply. You are directed to take action by July 31, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: Suzanne O'Shea Code Enforcement Officer f Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner vs. THOMAS E & DAWN PEAKE Respondent Case No. 12-869 Violation No. 2090 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: August 21st, 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, Thomas E & Dawn Peake, 920 Hull Island Dr., Winter Garden, FI 34787 (Certified Mail/Return Receipt Requested# (9171 9690 0935 0016 4443 76) BY: Suzanne O'Shea, Code Enforcement Officer this 1 st 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 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 July 9, 2012 Violation # 2090 To: THOMAS E & DAWN PEAKE 920 HULL ISLAND DR WINTER GARDEN, FL 34787 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4442 15 Property Address: 165 CARROLL ST., CLERMONT, FL 34711 Parcel Number: 24-22-25-0400-0010-0600 Type of Violation: EXTERIOR PROPERTY MAINTENANCE In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2012" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches. 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. Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply. You are directed to take the above action for compliance by July 27, 2012. Failure to remedy the violation within the allotted time will result in a Notice to Appear to a hearing before the Code Enforcement Board. By: Suzanne O'Shea Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-872 Petitioner Violation No. 2086 VS. POORAN & KHAMRAJIE SUKDEO 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: August 21st, 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, Pooran & Khamrajie Sukdeo, 779 Lakeview Pointe Dr,, Clermont, FI 34711 (Certified Mail/Return Receipt Requested# (9171 9690 0935 0016 4443 90) BY: _XI -0-j- %,-- Suzanne O' ea, Code forcement Officer this 1st da fAugust 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 ROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE ..PPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, Fl, 34712-0219 VIOLATION NOTICE July 2, 2012 To: POORAN & KHAMRAJIE SUKDEO 779 LAKEVIEW POINTE DR CLERMONT, FL 34711 Violation # 2086 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4435 08 Property Address: 779 LAKEVIEW POINTE DR., CLERMONT, FL 34711 Parcel Number: 20-22-26-0160-0000-2200 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, 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 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. You are required to contact me at (352) 241-7309 or sosheaftlermonMorn when you comply. You are directed to take action by July 31, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: Enforcement Officer CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. RICHARD L. POOLEY III, Respondent. Case No: CEB 12-855 944 Linden St. Clermont, Florida 34711 ORDER CONTINUNG MATTER TO AUGUST 21, 2012 THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on July 17, 2012 and the Board having been advised that the Respondent has requested a continuance of this matter and that the City does not object to a continuance to the next meeting of the Board, does hereby order that the hearing on the above -styled matter is continued and shall be heard on Tuesday, August 21, 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 July 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA 0441�e� Chairman David Holt I HEREBY CERTIFY that on this �l day of July 2012, a true and correct copy of this Order has been furnished by regular mail to the Respondent, Richard L. Pooley III, 944 Linden St., Clermont, FL 34711. _1�6_44_ Code Enforcement Officer cp36042doc#1216 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-855 Petitioner Violation No. 2071 VS. RICHARD L. POOLEY III 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 July 17, 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, Richard L Pooley III, 944 Linden St. Clermont, FL (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2729 26) BY: Z��Z_e Allen LaClair, Code Enforcement Officer this 25th day of June, 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. 9171 9690 0935 0021 2729 26 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE June 19, 2012 To: Richard L Pooley III 944 Linden St Clermont, FL 34711 Violation # 2071 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2728 34 Property or Violation Address: 944 Linden St Parcel Number(s): 26-22-25-030010101600 Type of Violation: EXCESSIVE LIGHTING IN RESIDENTIAL AREA In Violation Of: Code of Ordinances, Section 42-14 Titled: Lighting of property Type of Violation: CONSTRUCTION OF STRUCTURE WITHOUT PERMIT In Violation Of: Code of Ordinances, Section 122-344 Titled: General development conditions 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 is disconnected, a permit pulled and proper inspections passed, or the structure (and lighting) is removed. Please contact me at (352) 241-7304 or alaclaira@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 5 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 0021 2728 34 r Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-870 Petitioner Violation No. 2091 VS. THEODORE P & KATHLEEN A ROSS 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: August 21st, 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, Theodore P & Kathleen A Ross, 946 Dartmouth Ave., Clermont, FI (Certified Mail/Return Receipt Requested# (9171 9690 M5 0016 4444 75) BY: 1" Suzann O'Sh a, Code Enf6kdment Officer this 10th day ugust 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 VIOLATION NOTICE July 19, 2012 To: THEODORE P & KATHLEEN A ROSS 946 DARTMOUTH AVE. CLERMONT, FL 34711 Violation # 2091 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4439 80 Property Address: 946 DARTMOUTH AVE, CLERMONT, FL Parcel Number: 2122 26 0306 0001 7600 Type of Violation: EXTERIOR PROPERTY MAINTENANCE In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2012" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced 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. Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply. You are directed to take the above action for compliance by July 29, 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: \ 0' ,, u/, SLOnne 6S Code n orceme I'll K Code Enforcement Board of the - City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-871 Petitioner Violation No. 2082 VS. FEDERAL NATIONAL MORTGAGE ASSN 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: August 21 st, 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, Federal National Mortgage Assn., P.O Box 650043, Dallas, Tx 75265-0043 (Certified Mail/Return Receipt Requested# (9171 9690 0935 0016 4443 83) BY: Suzanne O'Shea, Code Enforcement Officer this 1st 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 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 June 29, 2012 To: FEDERAL NATIONAL MORTGAGE ASSN PO BOX 650043 DALLAS, TX 75265-0043 Certified, Return Receipts Requested #:9171 9690 0935 0016 4439 97 Violation # 2082 Property Address: 1798 VALE DR, CLERMONT, FL 34711 Parcel Number: 20-22-26-1950-0000-1600 Type of Violation: EXTERIOR PROPERTY MAINTENANCE In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2012" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: • High grass and weeds in excess of 18 inches. (Section 302.4 Weeds) • 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. Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply. You are directed to take the above action for compliance by July 13, 2012. Failure to remedy the violation within the allotted time will result in a Notice to Appear to a hearing before the Code Enforcement Board. By: Suzanne O'Shea Code Enforcement Officer 1 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-873 Petitioner Violation No. 2038 VS. JOSEPH LEZAMA 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: August 21 st, 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, Joseph Lezama, 714 Clarkson Ave., Brooklyn, Ny 11203 (Certified Mail/Return Receipt Requested# (9171 9690,Q935 0016 4444 82) BY: Suzan O'S a, ode Enf ment Officer this 10'h day f ugust 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 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 Violation # 2038 To: JOSEPH LEZAMA 714 CLARKSON AVE BROOKLYN, NY 11203 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4437 44 Property Address: 1480 MUIR CIR., CLERMONT, FL 34711 Parcel Number: 20-22-26-1975-0000-3600 Type of Violation: MINIMUM TREE REQUIREMENTS In Violation Of: Chapter 118, Section 118-71 Titled: "Minimum Trees." (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: • There are not any approved Canopy trees 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. You are required to contact me at (362) 241-7309 or soshea(a'D-clermontfl.oro 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: " nne O'Sh Code �Ejforcernent fficer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-863 Petitioner Violation No. 2093 VS. SHREEKISH 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 August 21, 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, Shreekish LLC, 477 E. Hwy 50, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4582 81) BY: Allen LaClair, Code Enforcement Officer this 31" day of July, 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 1S 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 July 10, 2012 To: Shreekish LLC 477 E Hwy 50 Clermont, FL 34711 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4580 83 Violation # 2093 Property or Violation Address: 477 E Hwy 50 Parcel Number(s): 30-22-26-040000007301 Type of Violation: FAILURE TO RENEW BUSINESS TAX RECEIPT In Violation Of: Code of Ordinances, Section 58-116 Titled: Required You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the operation of a business at 477 E. Hwy 50 without a valid business tax receipt. Compliance of This Violation will be a Business Tax Receipt (BTR) is obtained and renewed annually in accordance with ordinance 58-116 as long as the business remains in operation. Please contact me at (362) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 5 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 4580 83 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-866 Petitioner Violation No. 2120 VS. MANDY AIELLO, 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 August 21, 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, Mandy Aiello, 3046 Anquilla Ave., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4583 04) BY: Allen LaClair, Code Enforcement Officer this 1st 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 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 1, 2012 To: Mandy Aiello 3046 Anquilla Ave. Clermont, FL 34711 Violation # 2120 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4583 04 Property or Violation Address: 3046 Anquilla Ave. Parcel Number(s): 10-23-26-190000008800 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 on June 14, 2012. 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 4583 04 N Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner VS. DAVID & DAWN RAMNATH Respondent Case No. 12-849 Violation No. 2043 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 0016 4435 46) Suzanne O'Shea, Code Enforcement Officer this 14th day of June 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 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. 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. You are required to contact me at (352) 241-7309 or soshea(W-clermontfl.org 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: Suzanne O'Shea Code Enforcement Officer