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HomeMy WebLinkAbout07-17-2012 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING WEDNESDAY JULY 17, 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 JUNE 27, 2012 OPENING STATEMENT SWEARING IN WITNESSES AGENDA mannommmmmmmmmmmmosomommummmmmmmmmmmmmmmommmmommmmmmmmmmmmmmmmmmmmmommmoommommI OOTHER BUSINESS CASE NO.09-504 Clermont Motor Lodge O'Shea The First National Bank of Mount Dora (Trustee) 1320 US Highway 27 Clermont, FL 34711 REQUEST: Request for Extension NEW BUSINESS CASE NO. 12-845 j,� n `, Daisy Clark O'Shea C`�Y W�'1� c/o Lucille Deramus �-�—• 769 E. Montrose St. uyy-\ 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; Section 501.2 Responsibility —Plumbing; Section 601.2 Responsibility- Mechanical and Electrical CASE NO. 12-847 �� William & Renee Banzhaf U':5 k O'Shea I5YY1 990 W. Montrose St. VIOLATION: Clermont, FL 34711 Chapter 14, Section 14-9 l 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 CODE ENFORCEMENT BOARD MEETING WEDNESDAY JULY 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CASE NO. 12-852 Robert & Paula Tedesco LaClair 1532 Sherbrook Dr. Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 Building Alteration without Permit CASE NO. 12-853 / Hunter's Trace Properties, Inc. La lair �L S—v 1 701 E. Highway 50 4 1 �U Clermont, FL 34711 at Clermont, VIOLATION: Chapter 118, S`e tion 118-35 Maintenance and Pruning CASE NO. 12-854 Hamzad & Bibi Ishmail LaClair 4628 Barbados Loop Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-71 Removal of Required Canopy Tree CASE NO. 12-855 Richard L. Pooley III LaClair 944 Linden St. Clermont, FL 34711 VIOLATION: Chapter 42, Section 42-14 Excessive Lighting in Residential Area Chapter 122, Section 122-344 Construction of Structure without Permit CASE NO. 12-857�� �S Jo -El, LLC O'Shea �Minneola, Montrose & 101h St. Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances &CASE NO. 12-859 O'Shea ��A tv,� V VIOLATION: 2 Abner & Debbie Velez 595 Rob Roy Clermont, FL 34711 Chapter 14, Section 14-9 IPMC - Section 302.4 Weeds; Section 304.1 Exterior Structure- General; Section 302.1 Sanitation CODE ENFORCEMENT BOARD MEETING WEDNESDAY JULY 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CASE NO. 12-860 Carla Freeman O'Shea ��l�S n c/o James Freeman Vacant lot Highway 50 Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 IPMC - Section 302.4 Weeds; Section 302.5 Rodent Harborage; Section 301.3 Vacant Structures and Land CASE NO. 12-861 Satish & Sonal Patel O'Shea 768 Lakeview Pointe Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 IPMC - Section 302.8 Motor Vehicles 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 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 The regular meeting of the Code Enforcement Board was called to order on Wednesday, June 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 May 15, 2012 were approved as written. Code Enforcement Chairman Dave Holt read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12-844 has come into compliance and will not be heard. He also stated that Case No. 12-847 has asked for a continuance to the July 17, 2012 Code Enforcement meeting. Tom Gora`ne made a motion to continue Case No. 12-847 to the July 17. 2012 code enforcement CASE NO.12-799 Gerald A. & Frances R. Smith 1650 Morning Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1650 Morning Dr., Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was present. Gerald Smith, 706 Sunset Cove Dr., Minneola, stated that the issue was the tree with a five foot diameter. He stated that this property is in foreclosure. He stated that they were not in the financial position to remove the tree. He stated that as time went by his situation improved slightly so he paid the $2100 to have the tree removed. He stated that he is asking for full forgiveness of the fine. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 City attorney Dan Mantzaris stated that the City would not object to a reduction of fine to $250. Board member Bill Rini asked if the cost to the City was $250. Mr. Mantzaris stated that they feel that is a fair amount for the cost consumed by the City. Tom Gorgon made a motion to accept the reduction o, fine from $14,550 to $250 to be paid in 30 days (July 27, 2012): seconded by Alfred Mannella. The vote was unanimous in favor o� reducing the amount of the,fine. CASE NO. 11-787 Verena Rhinehart 258 2nd St. Clermont, FL 34711 LOCATION OF VIOLATION: 258 2' St., Clennont, FL 34711 REQUEST: Extension of Time City Attorney Dan Mantzaris introduced the case. The Respondent was present. Attorney Lee Jacobson stated he is representing Verena Rhinehart. He stated that he filed suit in state court dealing with a surplus line carrier, not a traditional insurance group. He stated that they have been moved to a federal court. He stated that the case is put into the hands of two appraisers who determine a cost of loss. He stated that they have been in appraisal since February of 2012. He stated that there is a discrepancy of the reconstruction of the property because the height of the ceilings will not meet code and the insurance carrier does not care. He stated that in order to settle this dispute, the building official is supposed to come out to meet with them. He stated that once the appraisal is concluded, if the two appraisers reach a number, the insurance carrier has thirty days to cut a check. He stated that the mortgage company will be put on the check and the mortgage company is going to request to have the check sent to them. He stated that there is already a contractor hired for the reconstruction of the property. He stated that they are requesting a six month extension to come into compliance. City attorney Dan Mantzaris stated that the City is agreeable for the 6 month extension. Ken Forte made a motion to extent the compliance date fiwm May 15, 2012 to December 1. 2012: seconded by Chandra Myers. The vote was 6-1 in favor extending the compliance date, with Board member Mannella opposing 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 CASE NO. 12-838 Samuel A. & Frances M. Osso 2729 Knightsbridge Rd. Clermont, F134711 LOCATION OF VIOLATION: 2729 Knightsbridge Rd., Clermont, FL 34711 VIOLATION: Chapter 118, Sections 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 trees is granted, the trees removed, and new trees installed. New trees must be from the preferred tree list and must be at least 10 ft tall and 3 inches in diameter upon planting. Samuel Osso, 2729 Knightsbridge Rd., stated that his sons pruned the trees. He stated that he thought this was good to do because they were hanging over the sidewalks. He stated that he abides by his HOA bylaws. He stated that he did not realize that Clermont had this rule. He stated that because this is his first offense he is requesting a waiver on this violation. He stated that the trees are flourishing. Board member Ken Forte stated that it looks like a violation, but the trees are still alive. He stated that since the trees look as if they are growing, could they consider a fine per tree and not make the Respondent replace the tree. Board member Tom Gorgone stated that if a tree is pruned in this manner the tree will not recover from this type of pruning. He stated that the tree will not grow upwards as it should due to the severity of the pruning. He stated that the Board cannot make a motion against the City code if there is a violation, the trees must be replaced. Board member Ken Forte stated that he did not realize the code stated that the tree must be replaced. Board member Tom Gorgone stated that the Board cannot make a motion that is contrary to the City code. He stated the under the City code the trees must be replaced with another tree with no 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 less than three inches in caliper. He stated that he understands the Respondent's explanation; however he would entertain a motion pertaining to the time frame to replace these trees. fine o $50 per day from September 18. 2012 until complied: seconded by Bill Rini. Board member Bill Rini asked if they change the City code by allowing the trees to stay there, does that start a precedent of any sort for these types of cases. Chairman Dave Holt stated that the motion on the floor at this time is to replace the trees by September 18, 2012. Code Enforcement Attorney Valerie Fuchs stated that Chair did not ask the audience if they had any comments or testimony. The motion was withdrawn. Kenneth Osso, 2729 Knightsbridge Rd., was sworn in. He stated that he was the one who pruned the trees and he has a horticultural background. He stated that he was trained how to prune trees. He stated that they have had numerous problems with utilities due to the roots from the trees. He stated that he was told by professionals that they needed to prune the tree. He stated that they contacted the management company and they requested that they remove the broken limbs and they were told to make sure the tree had a symmetrical look. Frances Osso, 2729 Knightsbridge Rd., was sworn in. She stated that the trees are living and they are beautiful. Samuel Osso asked how he violated the code. City Attorney Dan Mantzaris stated that hardship with these kinds of cases is that there are trees that have been damaged and alter so that their natural growth as they are designed has been severely impacted from the City's perspective. He stated that the Respondent having to tear up their lawn for something that they did themselves, should not be taken into consideration as a reason to not provide remedial action in this case. Code Board Attorney Valerie Fuchs stated that she does not see where the code says that a tree must be removed. Mr. Mantzaris stated that the only remedial action that can be done is to replace the tree that has been permanently damaged. He stated that these are required canopy trees, not trees that are voluntarily planted. He stated that if there is a tree that does not meet the requirement of the landscaping and code, then the code requires replacement of the tree. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 10L, U J Chairman Dave Holt •Mated -that the City is contending that over pruning and hatracking a tree makes them permanently unhealthy and therefore the only remedy is to replace the tree. Mr. Mantzaris stated yes. Tom Gorzone made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day from September 18. 2012 until complied: seconded by Chandra Myers. The vote was 4-3 in favor otfinding the Respondent in violation with the fine and date. with Board members Mannella. Rini, and Forte opposing. CASE NO. 12-840 Chandrakomar & Satiyawati Lutchminaraine 4576 Barbados Loop Clermont, F134711 LOCATION OF VIOLATION: 4576 Barbados Loop, Clermont, FL 34711 VIOLATION: Chapter 118, Sections 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 trees is granted, the trees removed, and new trees installed. New trees must be from the preferred tree list and must be at least 10 ft tall and 3 inches in diameter upon planting. Board member Bill Rini asked if there are a required number of canopy trees. Mr. LaClair stated that it is required that each lot has three canopy trees. Board member Alfred Mannella stated that having three canopy trees required per lot and they are ten to fifteen feet from the house and they grow thirty feet then they become an issue with the roofs. He stated that they need to be topped but it's a violation of the code. Mr. LaClair stated that proper pruning of a tree is acceptable practice but topping a canopy tree is never an acceptable practice. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 Satiyawati Lutchminaraine, 4576 Barbados Loop, stated that he was sworn in. He stated that he purchased a short -sale property and the trees were already pruned in this manner when he purchased the home. He stated that this is an extra hardship of him. He stated that the trees are growing. Board member Tom Gorgone asked the Respondent how long he has lived at this property. Mr. Lutchminaraine stated that he has lived at this location for just over a year. City attorney Dan Mantzaris stated that it is irrelevant that he purchased the home with the trees already topped. Tom Gorzone made a motion to find the Respondent in violation of the cited City code with a fine o $50 per day from December 18. 2012 until complied; 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. 12-842 SRGC, LLC Sanctuary Ridge Golf Course 2601 Diamond Club Dr. Clermont, Fl 34711 LOCATION OF VIOLATION: 2601 Diamond Club Dr., Clermont, FL 34711 VIOLATION: Chapter 34, Sections 34-32, 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 sections of the City of Clermont Code of Ordinances, due to the following: There have been complaints regarding the mowing of the golf course prior to 7:00 a.m. A prior verbal warning was issued. On May 11, 2012, a mower was observed and video recorded at the time of 6:07 a.m. and 6:15 a.m., mowing the golf course. One occurred in the area of Squaw Creek St., and another in the area of Aspen Peak Ct. Compliance of this violation will be when the following conditions are met: All mowing does not start until 7:00 a.m. Jason DeWildt, 2601 Diamond Club Dr., stated that he is the general manager and just started working there the first of this year. He stated that the golf course has been open since 1999 and 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 has mowed the golf course at this time since 1999. He stated that he understands that the city codes our included along with the HOA regulations. His concern is if they don't start the mowing early, the golf course will not be ready for early golfers and they will have a hard time keeping up with all the other mowing. W. Mucha, 2784 Highland View Circle, was sworn in. He stated that he lives on the golf course and have for eleven years. He stated that he along with all other golf course owners have signed a hold harmless waiver for the noise from the golf course. He stated that his interest is to keep the golf course in business. Chairman Dave Holt stated that in the conditional use permit, they agreed to abide by the city codes. He stated that the waiver is between them and the golf course, not with the city codes. Daniel McLenaghan, 2780 Highland View Circle, was sworn in. He stated that he has lived there for almost eleven years as well. He stated that they mow at 6:30 all the time and it doesn't affect him at all. Chairman Dave Holt asked how can the golf course mow at 6:30 in the morning for years and now it's an issue. City attorney Dan Mantzaris stated that it was complaint driven. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with no fine at this time; seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO.12-843 Debra L. Williams 1265 Ryan St. Clermont, F134711 LOCATION OF VIOLATION: 1265 Ryan St., Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-343 (e), Improper Installation of a Fence City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Allen LaClair, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to installation or replacement of a fence without a building permit. In addition, the fence is mounted such that the finished and uniform side does rl CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 not face outward from the property. Compliance of this violation will be when a permit for the fence is obtained and the correct side of the fence is shown outward. Debra Williams, 1265 Ryan St., stated that she did not know she was doing wrong. She stated that she was replacing the fence that was not in good shape. She stated that her son and grandson put the panels up because the fence was already there. She stated that the old fence panels were shadowbox panels so they didn't have the cross rail on the boards. She stated that she is requesting six months to come into compliance. Board member Bill Rini asked how many sections are there on the fence. Ms. Williams stated that there are 26 sections. City attorney Dan Mantzaris stated that he is concerned with the amount of time request by the Respondent. He stated that all they need to do is unscrew the boards and turn them around. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day_ from September 18, 2012 until complied; seconded by Bill Rini. Board member Larry Seidler stated that he would like to extend the date later than September 18, 2012. He stated that he feels the Respondent needs more time. Larry Seidler made a motion to amend the original motion to change the date to October 16, 2012: seconded by Alfred Mannella. The vote was 4-3 infavor of amending the motion with Board members Holt, Gorgone and Rini opposing Larry Seidler made a motion to,find the Respondent in violation of the cited City code with a flne of $50 per day from October 16, 2012 until complied; seconded by Alfred Mannella. The vote was unanimous in,favor oLfinding the Respondent in violation with the fine and date. The Board took a 5 minute break. CASE NO.12-848 Krysta M. Gehringer 1790 Presidio Dr. Clermont, Fl 34711 LOCATION OF VIOLATION: 1790 Presidio Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Sections 118-35, Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was present. n CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 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 two Oak trees located in the front yard of the property that were severely over pruned. Compliance of this violation will be when the following is completed in its entirety: Plant two 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. Board member Alfred Mannella asked what the problem is with the trees. Ms. O'Shea stated that they are shaped rather than pruned. She stated that the code does not allow the shaping of an oak tree. She stated that oak tree are supposed to grow out naturally, they are supposed to be wide spreading. She stated they should be pruned through the tree and not around the tree. Board member Bill Rini asked that if the tree is allowed to grow would it grow out like it is supposed to. Ms. O'Shea stated that she is not a tree expert. She stated that she is going by city code that states that is an unhealthy tree because it is excessively shaped or pruned. Chairman Dave Holt asked can a tree that has been excessively pruned but is not sufficiently unhealthy to be removed, thereby allowing the tree grow out and should it not grow out then it would become an poealthy tree. He asked is there a way to cite a tree for excessive pruning but recommend it beq%oved as a remedy and allow the tree to grow. He stated that if the tree does not grow back the cite it as unhealthy and recommend removal of the tree. City attorney Dan Mantzaris stated that obviously the city could sit back for years to see what happens to the tree. He stated that these are required canopy trees which are required by code to serve a purpose. He stated that code does not allow for a bush like substance, they have to be canopy trees. Chairman Dave Holt that he can make a determination as a Board member the tree is healthy. He stated that he is happy to find the Respondent in violation for shaping, but allow the tree to grow. He stated that if the tree does not grow well, and then request it to be removed. Board member Bill Rini stated that the tree shall not be severely pruned in order to maintain growth, reduce height and spread. He stated that shaping the tree has reduced that but not inhibited it, does that still hold as a form of destroying a tree. 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 City attorney Dan Mantzaris stated that the city is not using the terminology destroy but the trees have been severely pruned so that it permanently damages the natural growth of the tree. He stated that this is a complaint driven case. Krysta Gehringer, 1790 Presidio Dr., stated that she bought this house in 2011 and the trees were already shaped like they are now. She stated that she requests for the Board to allow her to let the trees grow out. Board member Bill Rini asked how far the trees were from the house. Ms. Gehringer stated that they are about 15 to 25 feet from house. Ken Forte made a motion to find the Respondent in violation of Section C of the cited City code with no fine: seconded by Bill Rini. Tom Gorzone made a motion to amend the on-ainal motion to continue the case to December 18. 2012: seconded by Larry Seidler. The vote was 4-3 in favor of amending the motion with Board members Holt. Mannella and Forte opposing. Tom Gorgone made a motion to continue this case until December 18. 2012: seconded by Larry Seidler. The vote was 4-3 in,favor of amending the motion with Board members Holt. Mannella and Forte opposing CASE NO.12-849 David & Dawn Ramnath 1594 Muir Circle Clermont, Fl 34711 LOCATION OF VIOLATION: 1594 Muir Circle, Clermont, FL 34711 VIOLATION: Chapter 118, Sections 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. 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 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 must be replaced in close proximity to the affected tree, and not elsewhere on the property. If you remove the affected trees, a tree removal permit must be submitted before removal. David Ramnath, 1594 Muir Circle, stated that he has been sworn in. He stated that he is asking for forgiveness and he did not know that he does doing wrong. He stated that he has lived here for six years and no one has complained. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with no fine and to bring the case back in one year: seconded by Ken Forte. The motion was withdrawn. Ken Forte made a motion to find the Respondent in violation of the cited City code with no fine or compliance date: seconded by Alfred Mannella. The vote failed 3-4 with Board members Holt, Gor once. Myers and Rini opposing Tom Gorgone made a motion to find the ReWondent in violation of the cited City code with a fine of $50 per day from September 18, 2012 until complied: seconded by Bill Rini. The vote failed 3-4 with Board members Mvers. Mannella. Seidler and Forte opposinz Board member Alfred Mannella stated that he does not agree with the statements that these trees are unhealthy. Board member Ken Forte stated that he agrees with Mr. Mannella. Board member Larry Seidler stated that he agrees with Mr. Mannella. He stated that the trees will come back. He stated that it is unhealthy to remove the trees and plant new trees that may not survive. He stated that these trees may not grow to the height that it should, but the tree will come back. Ken Forte made a motion to find the Respondent in violation of the cited City code with nofine: seconded by Alfred Mannella. The vote failed 3-4 with Board members Seidler. Gor o�� ne, Mvers and Rini opposing. Board member Bill Rini stated how you can find the Respondent in violation, but allowing the trees to stay. Code Enforcement Valerie Fuchs stated that if the Board finds the trees unhealthy then the Board cannot circumvent the code and they need to be replaced. Chairman Dave Holt passed the gavel. Dave Holt made a motion to continue the case to August 21. 2012: seconded by Chandra Mvers. The vote was unanimous to continue the case to August 21, 2012. 11 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 CASE NO.12-850 Marlene Salomon 1110 Princeton Dr. Clermont, F134711 LOCATION OF VIOLATION: 1110 Princeton Dr., Clermont, FL 34711 VIOLATION: Chapter 118, Sections 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 Oak tree located in the front yard of the property that was severely over pruned. Compliance of this violation will be when the following is completed in its entirety: Plant one tree, that meets at least the following criteria: Preferred Canopy tree, a minimum of 12 feet in height immediately after planting, a minimum of 6 foot spread, a minimum of 3 inch caliper, 65 gallon container, FL Grade 1 or better. The tree must be replaced in close proximity to the affected tree, and not elsewhere on the property. If you remove the affected tree, a tree removal permit must be submitted before removal. Marlene Salomon, 1110 Princeton Dr., stated that she was sworn in. She stated that the tree is smaller than normal to start with because they have had issues with the sprinkler system. She stated that she is asking for the Board to allow the tree to grow. She stated that she has other canopy trees on the property as well, but she would like to leave the tree to grow. Board member Chandra Myers asked how long the Respondent has lived at this location. Ms. Salomon stated she has lived there six or seven years. Chairman Dave Holt asked that if the tree is removed she did not replace it, would that comply. Ms. O'Shea stated that she would be permitted to remove the tree under the thinning code. Ms. Salomon stated that she would like for the tree to grow out, but she had to address that to the Board. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $50 per day from August 21, 2012 until complied., seconded by Bill Rini. The vote was 5- 2 in favor o�findinQ the Respondent in violation with the fine and date with Board members Rini and Forte opposij . 12 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 CASE NO.09-564 Stephen R. & Veronica M. Przybylowski 1066 Linden St. Clermont, F134711 LOCATION OF VIOLATION: 1066 Linden St., Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Ken Forte made a motion to reduce the fine to $500 to be paid in 30 days: seconded by Tom Gorgone. The vote was unanimous in favor of reduction of fine. CASE NO.12-825 Irving Matthews 375 E. Highway 50 Clermont, F134711 LOCATION OF VIOLATION: 375 E. Highway 50, Clermont, FL 34711 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Ken Forte made a motion to allow forgiveness of fine: seconded by Chandra Myers. The vote was unanimous in favor of forgiveness of ne. CASE NO. 12-835 Jimmie & Brenda Polk 1358 Laurel Hill Dr. Clermont, F134711 LOCATION OF VIOLATION: 1358 Laurel Hill Dr., Clermont, FL 34711 VIOLATION: Chapter 34, Sections 34-61 (1)(2), Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. 13 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 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: Property being overgrown with tall grass and weeds in excess of 18 inches, primarily in the backyard. Trampoline in the backyard that is in disrepair and ripped. Side window broken. (1PMC Chapter 14-9, Section 304.2 Protective Treatment). Compliance of this violation will be when: All grass and weeds are cut below 18 inches, the trampoline is removed from the property and properly discarded. The broken window is replaced. She stated that as of late today the property is in compliance. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with no fine: seconded by Chandra Myers. The vote was unanimous in favor of finding the Respondent in violation with no fine. CASE NO. 12-836 Brian A. Badlu & Diana Haripersaud 1931 Crestridge Dr. Clermont, Fl 34711 LOCATION OF VIOLATION: 1931 Crestridge Dr., Clermont, FL 34711 VIOLATION: Chapter 34, Sections 34-61 (1)(2), Unlawful Maintenance of Nuisances; Chapter 118, Section 118-36; Property Maintenance 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: The accumulation of weeds in excess of 18 inches, and yard debris in the rear of the property. There is no healthy grass left on the property. Compliance of this violation will be when the premises have met the following conditions: All high weeds have been trimmed below 18 inches, and all yard debris removed from the property. Resod/reseed the property with adequate ground cover. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day from August 21. 2012 until complied: seconded by Alfred Mannella. The vote was unanimous in favor of nding the Respondent in violation with the fine and date. 14 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JUNE 27, 2012 CASE NO. 12-846 Joel & Connie A. Casimiro 268 East Ave. Clermont, F134711 LOCATION OF VIOLATION: 268 East Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344, General development conditions; Chapter 14, Section 302.4; IMPC 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: An expired fence permit. Permit #201100080, expired April 5, 2012. No permit for a new exterior front door, and for trusses in the front of the house. High grass and weeds in excess of 18 inches. Compliance of This Violation will be when the following conditions are met: The permit fee for the fence has been paid, and the reinspection has been scheduled. A permit is obtained for the exterior door and for the trusses. Grass and weeds are cut below 18 inches. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day from July 17. 2012 until complied; seconded by Larry Seidler. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. The Board made a suggestion that Staff look at the tree ordinance and make clarification to the ordinance to make it clearer to interpret. There being no further business, the meeting was adjourned at 10:37 p.m. Attest: Rae Chidlow, Code Enforcement Clerk Dave Holt, Chairman 15 Rae Chidlow DM: Suzanne L OShea !nt: Monday, July 09, 2012 4:27 PM To: 'Binneveld, Bill' Cc: 'Del Potter' Subject: RE: Clermont Motor Lodge You will be on the agenda for July 17th- See you then - Suzanne O'Shea Code Enforcement Officer City of Clermont 685 W. Montrose St. Clermont Florida 34711 Direct # 352 241-7309 sosheaCcD-clermontFl.org From: Binneveld, Bill[mailto:Bill.Binneveld(&fnbmd.com] Sent: Friday, July 06, 2012 3:10 PM To: Suzanne L OShea Cc: 'Del Potter' C•1bject: Clermont Motor Lodge Suzanne, We are currently having issues with the closing of sale for the motel property. In case we don't close before the 17th we need to be placed on the agenda for the Code Enforcement Board meeting. Therefore, attached is a letter of request. The hard copy is being mailed to you. Please let me know if you have any questions. Thank you, M William J. Binneveld Vice President and Trust Officer The People You Know. The Bank you Trust. Trust and Investment Services The First National Bank PO Box 491595 Leesburg, Florida 34749 Tel: 352-315-8362 Tail Free (877) 383-2140 ail: bill.binn(cDfnbmd.com Serving - Mount Dora - Tri - City - Sorrento - Leesburg - Orlando 1 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-845 Petitioner Violation No. 2010 VS. DAISY CLARK ESTATE C/O LUCILLE DERAMUS 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 17t', 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, Daisy Clark Estate, C/O Lucille Deramus, 549 E Broome St., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4441 23) BY: Suzan4day a, Code En rcement Officer this 3rJuly 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 APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE June 6, 2012 To: DAISY CLARK ESTATE C/O LUCILLE DERAMUS 549 E BROOME ST CLERMONT, FL 34711 Violation # 2010 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4434 30 Property Address: 769 EAST MONTROSE ST., CLERMONT, FL 34711 (also known as 765 E. Montrose St.) Parcel Number: 19-22-26-0300-0020-2900 Type of Violation: Unsafe Structure/Property Maintenance In Violation Of: Chapter 14, Section 14-9 Titled: International Property Maintenance Code 2012 (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: The structure is not 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: 1. 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 2. Demolish the structure. A demolition permit must be obtained prior to removing the structure. Additionally, all debris and miscellaneous items must be completely cleared from the property. Please call (352) 241-7309 or sosheaCftlermontfl.org, when you comply. You are required to comply by July 6, 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: Suianne O' nt Officer nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. [A) 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is autho- rized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nui- sance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by pri- vate persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize dis- connection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equip- ment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equip- ment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Con- demned" and a statement of the penalties provided for occu- pying the premises, operating the equipment or removing the placard. [A) 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' SCOPE AND ADMINISTRATION defaces or removes a condemnation placard without the approval of the code official shall be subject to the penal- ties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penal- ties provided by this code, [A) 108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilita- tion, demolition or other approved corrective action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancyof the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endan- gered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empow- ered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted: and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall pro- vide and maintain such plumbing facilities and plumbing fix- tures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door lead- ing directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. At least one water closet, lava- tory and bathtub or shower shall be supplied for each four rooming units. (P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. [P] 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be avail- able to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occu- pancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing a maximum of one flight of stairs and shall have access from a common hall or passageway. [P] 503.3 Location of employee toilet facilities. Toilet facil- ities shall have access from within the employees' working area. The required toilet facilities shall be located a maximum of one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be sepa- rate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, Improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 19 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall pro- vide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be pro- vided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temper- ature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel -burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly tempera- ture is above 30'F (I a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to fur- nish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temper- ature of 68'F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter out- door design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18'C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel -burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel -burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel -burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel -burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel -burning equipment shall be provided for the fuel -burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE` 21 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-847 Petitioner Violation No. 2019 VS. WILLIAM & RENEE BANZHAF 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 27, 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, William M & Renee L Banzhaf, 931 W Montrose St., Clermont, FL 34711. (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4 3�22) AT ft- *S7:/1q ;. i a . AXI N IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR rHIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE May 1, 2012 To: WILLIAM M & RENEE L BANZHAF 931 W MONTROSE ST CLERMONT, FL 34711 Violation # 2019 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4433 55 Property Address: 990 W MONTROSE ST. CLERMONT, FL Parcel Number: 24-22-25-0100-0950-0900 Type of Violation: No Permits & Property Maintenance In Violation Of: Chapter 14, Section 14-9 Titled: International Property Maintenance Code 2012 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: 1. 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 ) 2. 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) 3. Property maintenance issues are as follows: a) Holes in the building. (Section 304.6 Exterior Walls) b) 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: 1) A complete set of signed and sealed plans are required for the change of use to the downstairs basement. Contact the Planning & Zoning Department for questions regarding application and fees. (352) 241-7309. ALL CURRENT WORK MUST BE DISCONTINUED UNTIL PERMITTED BY THE BUILDING OFFICAL AND FIRE INSPECTOR. 2) 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. 3) Repair all property maintenance issues: a) Repair all holes in the side of the building so water or wind elements cannot enter. b) Submit signed and sealed plans for the replacement of the railing. Please contact me at soshea(cD-clermontfl.org or (352) 241-7309, when you comply. You are directed to take the above action for compliance by May 31, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. 2BY air I ,6 - uzanne O hea Co Enforcement Officer Sec. 122-344. General development conditions. (a) Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and zoning department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and zoning department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All development, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity. SCOPE AND ADMINISTRATION provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsi- bility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such stricture con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or struc- ture. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the stricture is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more per- sons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. `4 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or stricture is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire -resistance -rated construction, fire protection systems, electrical system, fuel con- 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gut- ters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, cor- bels, terra cotta trim, wall facings and similar decorative fea- tures shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the ele- ments and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be main- tained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATEI to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation GENERAL REQUIREMENTS areas, food service areas or any areas where products to be included or utilized in food for human consumption are pro- cessed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good work- ing condition. Exception Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies, operator I systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm), Such deadbolt locks shall be installed according to the manufacturer's specifications and main- tained in good working order. For the purpose of this sec- tion, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 13 K 1 Person/Entity Involved 1 I 1352 - 217 - 5991 Local Option Business name (if applicable) Area Code Phone Number I (Bill (Banzhaf I �� n Check This Box if Mr.,Ms., Mrs. First Name MI Last Name Suffix ,me address as �cident location. I I I I I ien skip the three plicate address Number Prefix Street or Highway Street Type lines. Suffix I ICLERMONT I Post Office Box Apt. Suite Room City FL 1134711 I-1 State zip Code More people involved? Check this box and attach Supplemental Forms (NFIRS-lS) as necessary Sae K2 as person involved? Owner Themn check this box and skip The rest of this section. Local Option Business name (if Applicable) Area Code Phone Number I I I" I i U ❑Check this box if Mr.,Ms., Mrs. First Name MI Last Name Suffix same address as incident location. I I I 1 Then skip the three L duplicate address Number Prefix Street or Highway Street Type Suffix lines. I I I I Post Office Box u Apt. Surto/Room City U I I -I State zip Code L Remarks Local Option CFD responded to a complaint of an electrical short at 990 W Montrose St. Upon arrival a 360 of the structure was conducted by C-102 with nothing showing. I met with the neighbor who was the caller. He stated he heard a loud bang and went outside. He stated he saw a glow and sparks coming from the area where the power supply enters the structure where a portion of the exterior covering of the wall was missing, exposing the inside of the wall and allowing --in to enter the inside of the wall. Building services was contacted and an electrical pector was sent to the scene. Engine crew was requested to scene by electrical inspector a thermal imaging camera to check to see if heat was building up inside wall or at electrical connections. Camera indicated highest temperature at 100 degrees F. Due to missing siding around the area the wires and continuous power surges within the dwelling the inspector indicated it was unsafe to leave the power on to the residence. Progress energy was contacted and power secured at the pole, red cross was contacted for the occupant. IL Authorization 10606 1 (Harrison, William Officer in charge ID Signature Boxtif ® 10606 1 [Harrison, William icer Member making report ID Signature .rge. IFM I IPR101 I 1 07 1 117 1 2012 Position or rank Assignment Month Day Year IFM 1 IPR101 11 0 71 1 17 1 2012 Position or rank Assignment Month Day Year City of Clermont 12051 07/17/2012 12-0002188 A MM DD YYYY 1 12051 JFL 1 1 7J LI-7j 2012 1 01 I 12-0002188 I 000 [:]Delete NBIRS - to FDID State Incident Date Station Incident Number * * * * Exposure * ❑ Change Personnel R 'pparatus or * Date and Times Sent Number Use Actions Taken Resource Check if same as alarm date of * Check ONE box for each apparatus to indicate List up to a actions use codes listed below Month Day Year Hours/mina People its main use at the incident. for each apparatus and each personnel. it ID ICH102 Dispatch 1 711 1711 2012 14:23 Sent ❑Suppression u Arrival ® 1 711 1711 2012 14:23 [X—]I 1 I El EMS Type 92 Clear ® L7j L17i 1 2012 15: 07 ®Other u �� Personnel Name Rank or Attend Action Action Action Action ID Grade ❑X Taken Taken Taken Taken 9902 Anderson, Paul AC X 2 ID E101 Dispatch 311 7117 2012 14:27 Sent ❑ Suppression u u Arrival ®�� 17 2012 14:35 I 3 I El EMS Type 11 Clear EL 7 J17 2012 14 : 5 0 ® Other Personnel Name Rank or Attend Action Action Action Action ID Grade ❑X Taken Taken Taken Taken Smith, Timothy LTE X 0710 Lent, Judd FFP X 0802 Smith, Steven FFE X 3] ID IHR103 Dispatch CM 1 711 1711 2012 14:30 Sent ❑Suppression Arrival ® L 7 17 2012 14:35 � I 2 I EMS Type 72 Clear L 7 J1 1711 2012 14:55 MOther u �� Personnel Name Rank or Attend Action Action Action Action ID Grade ❑X Taken Taken Taken Taken 0502 Thompson, Kenneth FFE X 0601 Nichols, Wayne FFE X NPIRS-10 Revision 11/17/98 City of Clermont 12051 07/17/2012 12-0002188 A MM DD yyyy 12051 I FL �� L177 I 2012I O1 I 12-0002188 I 000 ❑Delete NFIRS - FDID State Incident Date Station Incident Number * * * * Exposure Change * ❑ nge l Personnel R 'pparatus or * Date and Times Sent Number Use Actions Taken Resource Check if same as alarm date }ia ❑ f * Check ONE box for each PP aratus to indicate List up to 4 actions for each apparatus Use codes listed below Month Da Year Hours/mina People its main use at the incident. and each personnel. 1❑ ID IPR101 I Dispatch Ud L 711 1711 2012 14:23 Sent ❑Suppression Arrival ®L� 17 2012 14:23 I 1 I ❑EMS Type 00 Clear ® L� L17 2012 15: 07 ®Other u u Personnel Name Rank or Attend Action Action Action Action ID Grade ❑X Taken Taken Taken Taken 0606 Harrison, William FM X 2 ID Dispatch El Sent ❑ Suppression Arrival Elu " I L ❑ El EMS IJ I_J Typeu Clear ❑ L-i ❑Other Personnel Name Rank or Attend Action Action Action Action ID Grade ❑X Taken Taken Taken Taken El El ❑ ID I Dispatch ❑ "u I Sent [—]suppression u �J Arrival ❑ " " I �� ❑ EMS Type u Clear ❑ L—j ❑Other Personnel Name Rank or Attend Action Action Action Action ID Grade Taken Taken Taken Taken El El NFIRS-10 Revision 11/17/98 City of Clermont 12051 07/17/2012 12-0002188 12051 L j 1 7 1 Ljjj 1 2012 01 12-0002188 000 Responding FDID State Incident Date Station Incident Number Exposure Units/Person— -- Notify Time Enroute Time Arrival Time Cleared Time ( 2 Chief-102 14:23:39 14:23:46 14:23:48 15:07:14 Staff ID\Staff Name Activity Rank Position Role 9902 Anderson, Paul On Scene Activit Assistant C E101 Engine-101 14:27:55 14:27:57 14:35:12 14:50:30 Staff ID\Staff Name Activity Rank Position Role 0602 Smith, Timothy On Scene Activit Lieutenant/ 0710 Lent, Judd On Scene Activit Firefighter 0802 Smith, Steven On Scene Activit Firefighter Unit Narrative cancelled on scene HR103 Heavy Rescue-103 14:30:25 14:30:26 14:35:04 14:55:51 Staff ID\Staff Name Activity Rank Position Role 0502 Thompson, Kenneth W On Scene Activit Firefighter 0601 Nichols, Wayne On Scene Activit Firefighter _t Narrative �_alicelled on scene PR101 Prevention-101 14:23:42 14:23:51 14:23:52 15:07:14 Staff ID\Staff Name Activity Rank Position Role 0606 Harrison, William On Scene Activit Fire Marsha City of Clermont Page 1 12051 07/17/2012 12-0002188 MM DD YYYY I 12051 JFL 1 1 7 1L12-j 1 2012 1 01 I 12-0002188 I 000 Responding FDID State Incident Date Station Incident Number Personnel * * * * Exposure taff ID\Staff Name Unit Activity Position Rank PayScl Hrs HrsPd Pt! Anderson, Paul CH102 0602 Smith, Timothy E101 0710 Lent, Judd E101 0802 Smith, Steven E101 0502 Thompson, Kenneth W HR103 0601 Nichols, Wayne HR103 0606 Harrison, William PR101 Total Participants:7 OS On Scene Activity AC 0.73 0.73 0.00 OS On Scene Activity LTE 0.38 0.38 0.00 OS On Scene Activity FFP 0.38 0.38 0.00 OS On Scene Activity FFE 0.38 0.38 0.00 OS On Scene Activity FFE 0.42 0.42 0.00 OS On Scene Activity FFE 0.42 0.42 0.00 OS On Scene Activity FM 0.73 0.73 0.00 Total Personnel Hours: 3.44 An 'X' next to the unit denotes driver. City of Clermont 12051 07/17/2012 12-0002188 Min 4q ME. � k ice` '-- Ili R C k a L 0 1�18/2012 rl a • .i 0 --w-9 A v 09l1e/ZOiZ i1: lik 1 07/16/2012 11:28 F 0 R." CD � 0 .ate es:tt ato�vco Y ,. 1*4 G-m L7 j 07/18/2012 11:81 1#0- I OD �-1 CN .---1 C) co CD Ci ��� �����4�. .�� . F .+ Y, s�': y 0 ."—p, .0 Itl 0 - - —Ab, 07/16/2012 11:18 of 4 1 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-852 Petitioner Violation No. 2029 vs. ROBERT & PAULA TEDESCO 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, Robert & Paula Tedesco, 1532 Sherbrook Dr, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2728 58) BY: Allen LaClair, Code Enforcement Officer this 20th 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 14, 2012 To: Robert & Paula Tedesco 1532 Sherbrook Dr Clermont, FL 34711 Violation # 2029 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2725 68 Property or Violation Address: 1532 Sherbrook Dr Parcel Number(s): 08-23-26-051500000900 Type of Violation: BUILDING ALTERATION WITHOUT PERMIT In Violation Of: Chapter 122, 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 alteration of the residence. A building permit is required to remove or alter any door or window. Compliance of This Violation will be when a permit for the alteration is granted and proper inspections completed. 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 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board J By: Allen LaClair Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-853 Petitioner Violation No. 2031 vs. HUNTER'S TRACE PROPERTIES, INC 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, Hunter's Trace Properties, 1363 Lakeshore Dr., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 272 65) BY: -_ Allen LaClair, Code Enforcement Officer this 201h 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 2728 65 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE May 14, 2012 To: Hunter's Trace Properties Inc 1363 Lakeshore Dr. Clermont, FL 34711 Violation # 2031 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2725 75 Property or Violation Address: 701 E. Hwy 50 Parcel Number(s): 30-22-26-040000025800 Type of Violation: FAILURE TO MAINTAIN REQUIRED LANDSCAPING In Violation Of: Code of Ordinances, 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 failure to maintain code required landscaping behind Walgreens. 3 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. 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 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board By: Allen LaClair Code Enforcement Officer 91 I1 9690 0935 0021 2725 75 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-854 Petitioner Violation No. 2017 VS. HAMZAD & BIBI S ISHMAIL 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, Hamzad & Bibi Ishmail, 4628 Barbados Loop, Clermont, FL (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2729 19) BY: Allen L lair, Code Enforcement Officer this 251h 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 19 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE April 25, 2012 To: Hamzad & Bibi S Ishmail 4628 Barbados Loop Clermont, FL 34711 Property or Violation Address: Parcel Number(s): Violation # 2017 4628 Barbados Loop 10-23-26-190000006500 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2724 76 Type of Violation: REMOVAL OF REQUIRED CANOPY TREE In Violation Of: Chapter 118, Section 118-71 Titled: Minimum tree requirements You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the removal of required canopy trees in your front yard. City ordinances state that each residence must have a minimum of 3 canopy trees. Compliance of This Violation will be when 3 new trees from the preferred canopy tree list are installed. Trees (upon planting) must be 10-12 feet tall, must have a 3 inch diameter trunk, and should have a 6 foot canopy spread. 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 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board By: _ Allen LaClair Code Enforcement Officer 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 111, 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 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 0021 2728 34 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-857 Petitioner Violation No. 2089 VS. JO-EL 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 JULY 17T", 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, JO-El LLC, 340 Bunker Place, Orlando, FI 32804-3010 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4440 82) BY: Suzanne O,tx'iea, Code this 2ND da'y f July 2012 ent Officer 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 REPEAT VIOLATION & HEARINGNOTICE July 2, 2012 To: JO-EL LLC 340 BUNKER PLACE ORLANDO, FL 32804-3010 Violation # 2089 CEB# 12-857 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4440 62 Property Address: VACANT LOTS LOCATED BETWEEN 7TH & 8TH ST. ON MINNEOLA AVE., CLERMONT, FL Parcel Number: 24 22 25 0100 1140 0901 24 22 25 0100 1140 0300 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions that exist on the property: 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. Please contact me at soshea(a-clermontfl.org or (352) 241-7309, when you comply. This case will be presented to the Code Enforcement Board as stated in the attached Notice of Hearin4 on Repeat Violation, even if the violation has been corrected prior to the hearing date. Ci By. Suzan a O'Shea Code Enf©r ement Officer Sec. 34-61. Enumeration of prohibited items, conditions or actions constituting nuisances. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance: (1) Weeds. Any weeds such as broom grass, jimson, burdock, ragweed, sandspur or other similar weeds; or any other vegetation, including grass, other than trees, ornamental bushes, flowers or other ornamental plants with a height exceeding 18 inches. (2) Refuse. Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris or other refuse of any nature. (3) Harborage for rats, snakes and other vermin. Any condition which provides harborage for rats, mice, snakes and other vermin. (4) Dilapidated buildings. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an insanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. (5) Noises. All unnecessary or unauthorized noises and annoying vibrations, including animal noises. (6) Odors and stenches. All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. (7) Carcasses of animals. The carcasses of animals or fowl not disposed of within a reasonable time after death. (8) Pollution of bodies of water. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery wastes, industrial wastes or other substances. (9) Places where illegal activities take place. Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained. (10) Stagnant water. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground. (11) Storage ofjunk in residential areas. The storage or accumulation of junk in any area zoned for residential use. (12) Discharge of sewage or grease. Any act resulting in the discharge, dumping or disposal of any contents of any septic tank, dry well, raw sewage, grease or similar material, regardless of its source, into or upon any land or body of water within the city, except as may be allowed through the city's sewer system, or as otherwise authorized by chapter 66 and state law. (13) Improperly built or maintained private disposal systems. Improperly built or maintained septic tanks, water closets, or privies. (14) Health or life threatening activities. Any act by which the health or life of any individual may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused. (15) Unapproved sewage or grease disposal methods. Any method for disposing of the contents of any septic tank, dry well, raw sewage, grease or similar material which has not been approved by the county health department or state department of health and rehabilitative services. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-859 Petitioner Violation No. 2060 VS. ABNER & DEBBIE VELEZ 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 17th3 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, Abner & Debbie Velez, 595 Rob Roy Dr Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4441 30) BY: � �/�) t� Suzanne O'S a, Code t4orcement Officer this 5th day o0uly 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 8, 2012 To: ABNER & DEBBIE VELEZ 595 ROB ROY DR CLERMONT, FL 34711 Certified, Return Receipts Requested #:9171 9690 0935 0016 4438 43 Violation # 2060 Property Address: 595 ROB ROY DR, CLERMONT, FL 34711 Parcel Number: 19-22-26-0076-0000-8800 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) Broken garage door that is being propped up with a piece of wood. (Section 304.1 Exterior Structure- General) Miscellaneous items scattered around the property, including but not limited to: buckets and bikes. (Section 302.1 Sanitation) Action Required to Correct Violations: The premises must uniformly trimmed and mowed below 18 inches in height. Replace/repair the garage door so that it is functional and operates properly. Remove all miscellaneous items from around the house and store in an enclosed location. 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 June 30, 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: ( Jai li Suenforcement nne O'Shea Code Officer CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 6in30.1Station. All exteriorproperty and premises shall be med in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ondi ions. 302.4 eds. All premises and exterior property shall be mat ed free from weeds or plant growth in excess of URISDICTION TO INSERT HEIGHT IN INCHES). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior prop- ertyshall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching device is a mini- mum of 54 inches (1372 mm) above the bottom of the gate, 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 11 GENERAL REQUIREMENTS the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 XTERIOR STRUCTURE 61/3j04:.�16�enerhe exterior of a structure shall be main - good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight; 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this require- ment. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 12 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE` Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-860 Petitioner Violation No. 2065 VS. CLARA M FREEMAN C/O JAMES FREEMAN 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 17th9 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 Water Conservation Coordinator in his 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/Return Receipt Requested to Respondent, Clara M Freeman C/O James Freeman, Po Box 98182, Atlanta, Ga 30359-8182 (Certified Mail/Return Receipt Requested# 9171 9690rq935 0016 4441 61) BY: Suzanne O' ea, Code En rcement Officer this 51h day f my 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 11, 2012 Violation # 2065 To: CLARA M FREEMAN C/O JAMES FREEMAN PO BOX 98182 ATLANTA, GA 30359-8182 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4438 81 Property Address: VACANT LOT 200 BLK of WEST HIGHWAY 50, (west of 265 hwy 50) CLERMONT, FL 34711 Parcel Number: 24-22-25-0100-0170-1500 Type of Violation: 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 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. Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply. You are directed to take action by July 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: Suz*ne O'Shd(d Code Vifforcement CC: Donald Freeman, 235 East River Drive, Unit 1108, East Hartford, CT 06f08 Donald Freeman, Freeman Law Firm, 1 Linden Place, Suite 101-A, Hartford, CT 06106 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exteriorproperty. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they 5301 and control. avant structures and land. All vacant structures and ises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- s nditions. 302.4 Weeds. All premises and exterior property shall be m ' ined free from weeds or plant growth in excess of RISDICTION TO INSERT HEIGHT IN INCHES]. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid _by-tbe owner or agent responsible for the property. 302.5 R ent harborage. All structures and exterior prop- er be kept free from rodent harborage and infestation. here rodents are found, they shall be promptly extermi- nated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching device is a mini- mum of 54 inches (1372 mm) above the bottom of the gate, 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 11 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-861 Petitioner Violation No. 2067 VS. SATISH & SONAL PATEL 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 17th, 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 Water Conservation Coordinator in his 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/Return Receipt Requested To Respondent, Satish & Sonal Patel, 768 Lakeview Pointe Dr., Clermont, FI 34711 9171 9690 0935 0016 4441 78 BY: Suzanne 'She4CoWEnforcement Officer this 5th d 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. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE June 14, 2012 To: SATISH & SONAL PATEL 768 LAKEVIEW POINTE DR CLERMONT, FL 34711 Violation # 2067 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0016 4439 28 Property Address: 768 LAKEVIEW POINTE DR., CLERMONT, FL 34711 Parcel Number: 20-22-26-0160-0000-7900 Type of Violation: DISABLED VEHICLE 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: • There is a disabled/inoperative vehicle, Red Toyota Camry registered to Satish Patel, located in the roadway in front of the residence. (Section 302.8 Motor Vehicles) Compliance of This Violation will be when the following conditions are met: • Permanently remove the inoperative/disabled vehicle from the roadway. It also may not be stored on the property, unless the vehicle is permanently stored in an enclosed garage. Please contact me at soshea(a-clermontfl.oE or (352) 241-7309, when you comply. You are directed to take the above action for compliance by: June 18, 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. 1 By:, S Ane O' e Code'forcemept Officer CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301,1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exteriorproperty. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.6 Rodent harborage. All structures and exterior prop- erty shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation. 309.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that. such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latching. Where the self -latching device is a mini- mum of 54 inches (1372 mm) above the bottom of the gate, 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 11