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06-27-2012 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING WEDNESDAY JUNE 27, 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 d BOARD MEETING FOR MAY 15, 2012 OPENING STATEMENT SWEARING IN WITNESSES AGENDA OTHER BUSINESS CASE NO. 09-564 '2� C-b-D Stephen R. & Veronica M. Przybylowski O'Shea (�1066 Linden St. V1W�4 3d Clermont, FL 34711 REQUEST: Forgiveness of Fine CASE NO. 12-799 ((��Gerald A. & Frances R. Smith O'Shea 1650 Morning Dr. IV(Y�`C�� Clermont, FL 34711 REQUEST: Forglvene3'§ of Fie CASE NO. 12-825 - Irving Matthews O'Shea �"2li�s.,�i�F75 E. Highway 50 Clermont, FL 34711 REQUEST: Forgiveness of Fine CASE NO. 11-787 �0'Q- Veren�a Rhinehart O'Shea 2582 St. Clermont, FL 34711 p�p0 *LS REQUEST: MkAy)k,k �Lxtension of Time CODE ENFORCEMENT BOARD MEETING WEDNESDAY JUNE 27, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. NEW BUSINESS CASE NO. 12-835��`� Jimmie & Brenda Polk O'Shea i 1358 Laurel Hill Dr. Clermont, FL 34711 1_ VIOLATION: Chapter 34, Section 34-61 (1) (14) Weeds &Refuse Unlawful Maintenance of Nuisances CASE NO.12-836 Brian A. Badlu & Diana Haripersaud O'Shea (fi6Y� 1931 Crestridge Dr. ` � S s Clermont, FL 34711 V f�A�_ VIOLATIO 1 1 �X 1n �,,q Chapter 34-61(1)(2) Weeds/Refuse 4k� 01 Chapter 118-36 Plant Material (g) Lawn Grass Property Mainentance 3 AS] NO. 1 ((ll Samuel A. & Frances M. Osso -839 LaClair Q 1-1 i low 2729 Knightsbridge Rd. Q� Clermont, FL 34711 e�(� i VIOLATION: SChapter 118, Section 118-35 *****«****************** aPrune************** CASE NO. 12-840 Chandrakomar & Satiyawati Lutchminaraine LaClair n 6 4576 Barbados Loop Clermont FL 34711 VIOLATION: Chapter 118, Section 118-35 - an ce and Pruning CASE NO. 12-842 O'She SRGC,LLC Sanctuary Ridge Golf Course 2601 Diamond Club Dr. Clermont, FL 34711 VIOLATION: Chapter 34-32, Mowing Prior to 7:00 am Business Noises Adjacent to Residential Sections of the City O CASE NO. 12-843 Debra L. Williams LaClair 1265 Ryan St. Clermont, FL 34711 c b ` VIOLATIO C de o\%f Ordinances, Section 122-343 (e) Improper Installation of a Fence �Q2 - 'A -- 31� CODE ENFORCEMENT BOARD MEETING WEDNESDAY JUNE 27, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CASE NO. 12-844 Nick Bacon O'Shea Two vacant residential lots at corner of Broome St. and 51, St. Clermont, FL 34711 VIOLATION: Chapter ction 34-95 Maintenance of Property CASE NO. 12-846 Joel & Connie A. Casimiro O'Shea �nny�Q,�lQ 268 East Ave. Clermont, FL 34711 'S�41 VIOLA N: Chapter 122-344 General development conditions Expired Permit/Work without a Permit Chapter 14-9 (Section 302.4 Weeds) IPMC — Property Maintenance CASE NO.12-847 William M. & Renee L. Banzhaf O'Shea 990 W. Montrose St. Clermont, FL 34711 VIOLATION: \\ Chapter 14, Section 14-9 108.1.4 Unlawful Structure, Section 122-344. General development conditions ); (Section-1 development conditions); Section 304.10 Stairways, decks, porches, and balconies, 3O4—t2 14andrails and Guards) QCASE NO. 12-848 `- Krysta M. Gehringer O'Shea 1790 Presidio Dr. J "61. ' Clermont, FL 34711 *5o VIOLATION Chapter 118, Section 118-35 t�.. 4-3 t"Maintenance and Pruning ��, to CASE N0.12-849��1�� David & Dawn Ramnath O'Shea ne,1594 Muir Circle / gr, g Clermont, F347 1 VIOLATION: �l **************** **** ** N Chapter 118, Section 118-35 j nl.lMaintenance and Pruning VAZ ��. NID i ►Vti� ��►nne� CODE ENFORCEMENT BOARD MEETING WEDNESDAY JUNE 27, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. 1 0 doga at CASE NO. 12-850 Q•Nlvl� ��0� Marlene lomon O'Shea 1110 Princeton Dr. Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Maintenance and Pruning 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. 4 Suzanne L OShea From: Stephanie Musselwhite [Stephanie@gracetitle.net] it: Tuesday, May 08, 2012 10:06 AM Suzanne L OShea Subject: 1066 Linden..Tree Issue Good morning Suzanne.. First and foremost, thank you for your help on the above matter. Without you, this problem would not have been resolved and the violation cured... so again, thanks. At this point, we have submitted proper permit paperwork and fees for same, removed the tree, and brought the issue into compliance. Remaining is a request to you for a waiver of the fines. Would you please place me on the June agenda for this matter? Thank you. Thank you for your business !!!! Stephanie Musselwhite Escrow Officer Grace Title, Inc. 225 S. Westmonte Dr., #1050 Altamonte Springs, FL 32714 407-580-3734 Office: 321-207-0465 Fax:321-207-0466 Toll Free: 800-943-0465 Stephanie cr,Grace l'itle.net CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, Vs. STEPHEN R. and VERONICA M. PRZYBLOWSKI, Respondents. Case No: CEB 09-564 1066 Linden Street Clermont, Florida 34711 FINDINGS OF FACT, CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on September 15, 2009 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer for the City and having noted that Respondents, Stephen R. and Veronica M. Przyblowski, were present, thereupon issues the following Findings and Facts, Conclusion of Law, and Order: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. has been provided to Respondents. 2) The Respondents are the owners of and in custody and control of the property described as Parcel No.: 26-22-25-030010801200 in Clermont, Florida. 3) There exists a hazardous tree on the property. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondents, STEPHEN R. and VERONICA M. PRZYBLOWSKI, are in violation of Clermont City Code Chapter 118, Section 118-35, Maintenance and pruning. III. ORDER Respondents shall correct the above -stated violation on or before November 16, 2009 by taking the remedial action as set forth in the Violation Notice dated August 27, 2009. If the Respondents fail to timely correct the violation a fine of ONE HUNDRED AND FIFTY DOLLARS ($150) will accrue for each day the violation continues past November 16, 2009. cp36042doc#599 CASE NO.: 09-564 Respondents are further ordered to contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondents shall call (352) 394-4083 x309 to request an inspection. Any fine imposed shall accrue from the date it is imposed until the date that the violation is corrected as verified by the City of Clermont Code Enforcement Department. Done and Ordered this day of September 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA ,Z— i5� ---- Chairman Ja s T. Purvis An aggrieved party, including the City Council of the City of Clermont, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall be filed within thirty (30) days of the rendition of this Order as set forth in Section 162.11, Florida Statutes. I HEREBY CERTIFY that on this o day of September 2009, a true and correct copy of this Order has been furnished by ce ffied and regular mail to the Respondents; Stephen R. and Veronica M. Przyblowski, 1066 Linden Street, Clermont, FL 34711. _ „ cp36042doc#599 2 June 1, 2012 {lien LaClair Ly of Clermont -ide Enforcement P.O. Box 120210 Subject: Property Address -1650 Morning Drive Parcel Number - 30-22-26-020000001500 Mr. LaClair. Per our discussion earlier this week, please place this item on the next Code Enforcement Board meeting in June to request a reduction / forgiveness of the code enforcement fine. To give some background, the subject property has been in foreclosure for approximately 2 years. We have tried to do a workout with the lender Wells Fargo and when that did not materialize, we agreed with Wells Fargo to do attempt to do a short sale. It has been listed since last September time frame with Susan Baldree of Coldwell Banker (below is her contact information if you would like to verify any of this information). It is currently under contract awaiting final decision from Wells Fargo. As you are aware, this was a massive tree that fell in the back yard of the subject property. When I got your notice of violation, we immediately informed Wells Fargo of the situation. The cost to remove was in the thousands of dollars and we were not in a financial position to have that done. Wells Fargo agreed to hire a company to remove the tree prior to the fines being implemented. They sent a company from Tampa a week to ten days prior to Feb. 22 and began removing the tree. After 2 days of work removing about half the tree (most of the limbs and fallen debris) the company left the site and did not return. Another 4-5 companies came by and looked at the site but no one ever came back to finish the job. We tried for approximately 2 months after that to get an answer from Wells Fargo and it kept going from .iartment to department with no response. Finally after saying they were taking care of it and sending a company to uv so, we got notice the middle of May they were not going to do anymore. In good faith, our financial situation had slightly improved and we were able to hire a company to finish the job which they completed the 291h of May. As mentioned, we are currently under contract awaiting final approval from Wells Fargo for a short sale. We are asking for your consideration to forgive the fine assessed given the circumstances above to hopefully allow the short sale to be completed so the new owners can proceed to improve the property as it needs to be. Thank you for your consideration. Sincerely, Gerald Smith Broker Contact: Susan Baldree REALTOR / SALES CONSULTANT COLDWELL BANKER TONY HUBBARD REALTY, INC. 1795 East Highway 50 Clermont, Florida 34711 (AS?) 394-4031 - office City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 COMPLIANCE STATEMENT May 29, 2012 To: Gerald A & Frances R Smith 706 Sunset Cove Dr Minneola, FL 34715 Violation # 1847 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2727 04 Property Address: 1650 Morning Dr Parcel Number(s): 30-22-26-020000001500 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds & (2) Refuse Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." By removing the fallen tree, the subject property is now in compliance with violation #1847. The fines will stop accruing as of the above date. A total fine of $14,550.00 has been assessed for the period Feb 22, 2012 thru May 28, 2012 (97 days @ $150 per day). To reduce or eliminate this fine, a letter requesting such reduction or forgiveness must be remitted to the Code Enforcement Office at the P.O. Box listed above. Upon receipt of this letter by the City, you will be scheduled for the next hearing date where you may ask for a reduction directly to the Code Enforcement Board. By: Allen LaClair 9171 9690 0935 0021 2727 04 June 10, 2012 2823 S. Atlantic Ave Daytona Beach Shores, FL 32118 Suzanne O'Shea Code Enforcement Officer City of Clermont P.O. Box 120210 Clermont, Florida 34712-0219 Re: Case No: CEB 12-825 Dear Ms. O'Shea, I have had two tenants try to keep the sign up at 375 E. Hwy 50 for their businesses. Most recently Mrs. Paulette Thompson requested that I allow her to file for a variance to keep the sign up, but she did not get the application in prior to the hearing. I was not aware that she had not submitted the request, therefore, I did not attend the hearing. She did eventually file for the variance but has since decided to move her business. Upon hearing that she was moving and going to withdraw the request for variance, I immediately had the sign removed. The date of removal was June 6, 2012. Due to the extenuating circumstances and the fact that I am in compliance, I respectfully request a hearing before the Code Enforcement Board for waver of fines. I am available on June 27, or July 17, 2012. Please let me know what day is better for you. Sincerely, Irvin . M thews Cell: 38 11-8331 CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. IRVING J. MATTHEWS, Respondent. Case No: CEB 12-825 375 E. Hwy 50 Clermont, Florida FINDINGS OF FACT, CONCLUSION OF LAW and ORDER OF REPEAT VIOLATION THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on May 15, 2012 upon Petitioner's Notice of Repeat Violation dated April 23, 2012 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer for the City and having noted that Respondent was not present or represented, thereupon issues the following Findings of Fact, Conclusion of Law, and Order of Repeat Violation: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. was provided to Respondent. 2) The Respondent is the owner of and in custody and control of the property described in the Repeat Violation Notice dated April 23, 2012 and as Parcel No.: 30-22-26-0400- 0000-9500 in Clermont, Florida. 3) As of March 2010, all business operations and approved uses ceased on the subject property. 4) There currently exists on the property an unlawful and non -conforming sign as described in the Repeat Violation Notice dated April 23, 2012 filed in this matter. 5) This violation is a repeat violation of a prior order of this Board dated June 17, 2010. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, IRVING MATTHEWS, is in repeat violation of Clermont City Code Chapter 102, Section 102-3(b)(3)(g), Removal of prohibited signs and Section 102-24(a)(b)(5)(8), Nonconforming signs. III. ORDER Based on the above -stated findings and conclusion of law, it is hereby Ordered that: cp36042doc#1162 1 Case No: CEB 12-825 1) A fine is hereby imposed in the amount of $250 per day commencing April 23, 2012 for the repeat violation. The fine shall continue to accrue at that rate, until such time as the repeat violation is corrected as observed and documented by the Code Enforcement Officer. 2) Respondent bears the burden of, and shall contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondent shall call (352) 241-7309 to request an inspection. Done and Ordered this day of May 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA Chairman David olt An aggrieved party, including the City Council of the City of Clermont, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall be filed within thirty (30) days of the rendition of this Order as set forth in Section 162.11, Florida Statutes. ih I HEREBY CERTIFY that on this day of May 2012, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, Irving Matthews, 2823 S. Atlantic Avenue, Daytona Beach Shores, FL 32118. 9171 9690 0935 0016 4435 77 cp36042doc#1162 2 MARIA D. HALE ESQ, HALE, AL> ��7B50Ny P.A. b1.Axc�ie'Ha c �La w FL.c�na� RICHARD O. HALE, IV., ESQ. Rrtrca�tiFit}{,�t c Las=FL. � �� LEE JACOBSON, ESQ. Lua HALk:LA FL.a>u VIA email only City of Clermont c/o Suzanne O'Shea 685 W. Montrose Street Clermont, FL 34711 Re: Our client Date of fire June 12, 2012 Verena Rhinehart 3/24/2011 Dear Mrs. O'Shea/City of Clermont Code Enforcement: 545 DELANEY AvE., BLIX1. 7 ORLANDO, FL 32801 PHONE: (407) 425-4640 FAx: (407)425-4641 *'wVV. H ALELAW FL.com Please be advised that my firm and I represent Ms. Verena Rhinehart regarding her claim against her homeowners insurance company, Geovera Specialty Insurance Company, as a result of a fire inside the home located at 258 2nd Street, Clermont, FL 34771. As I'm sure the Board is aware, a destructive fire destroyed most, if not all, of the interior of Ms. Rhinehart's home as well as a vast majority of her personal property. As it stands, the insurance carrier has not made payment suitable to repair/replace those portions of the home that were affected by the fire. I have been retained by Ms. Rhinehart to prosecute this delay and denial of the appropriate insurance sums necessary to repair/replace the home and its contents. The case is currently in litigation in Federal Court; Case No.: 5:12-cv-00053-WTH-TBS. However, the parties have agreed to go to appraisal and this claim has been in appraisal since February of 2012. 1 expect the appraisal to be completed in the next 45 days and also understand that the appraisal outcome will provide sufficient funds to complete all necessary repairs/replacements. When the appraisal award is completed, the insurance carrier has 20 days in which to tender the check to my office. The check will likely include the name of Ms. Rhinehart's mortgage company. In my experience, the mortgage company only returns a portion of the check to the insured to, "get work started." Depending on the mortgage company, future funds will be distributed after the mortgage company has its own inspection of the progress of the repairs/replacements. This process will continue until the mortgage company is satisfied its interest(s) in the home have been preserved. As the Board can see, Ms. Rhinehart has taken extensive measures in order to be adequately compensated for the loss she insured herself against. Although the process has been slow and grueling, she continues to seek adequate justice through the Courts. Ms. Rhinehart appreciates her duties as a citizen and landowner in the City of Clermont and expresses her thanks to the Board for being patient with her while she attempts to resolve the code violations caused by the fire. Rest assured, there's nothing Ms. Rhinehart wants to do more than repair the home she and her late husband shared. It is for this reason, Ms. Rhinehart requests this Board to waive any fines for any code violations for at least the next 6 months. If the Board has any questions, please feel free to contact the undersigned. Best regards, Lee M. Jacobson, Esq. LJ cc: Client CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. VERENA RINEHART, Respondent. Case No: CEB 11-787 258 2ND Street Clermont, Florida 34711 FINDINGS OF FACT, CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on November 15, 2011 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer, for the City and having noted that Respondent was not present, thereupon issues the following Findings of Fact, Conclusion of Law, and Order: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. was provided to Respondents. 2) The Respondents are the owner of and in custody and control of the property described in the Violation Notice dated October 13, 2011, located in Clermont, Florida. 3) There exists on the property a large amount of miscellaneous debris, a fence in disrepair, excessive accumulation of weeds and grass in excess of 18 inches, roof, exterior siding and soffits on the house in disrepair and exterior windows that are boarded shut. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, VERENA RINEHART is in violation of Clermont City Code Chapter 14, Section 14-9 International Property Code Sections 302.1 Sanitation, 304.2 Protective Treatment, 302.4 Weeds, 304.6 Exterior Treatment, 304.13.2 Openable Windows and 702.4 Emergency escape openings.. III. ORDER Based on the above -stated findings and conclusion of law, it is hereby Ordered that: 1) Respondent shall correct the above -stated violations of International Property Code cp36042doc#1061 Case No: CEB 11-783 sections 302. 1 and 302.4 on or before December 20, 2011, by taking the remedial action as set forth in the Violation Notice dated October 13, 2011. 2) Respondent shall correct the above -stated violations of International Property Code sections 304.2, 304.6, 304.13.2 and 702.4 on or before May 15, 2011, by taking the remedial action as set forth in the Violation Notice dated October 13, 2011. 3) If Respondent fails to timely correct the violations set forth above by either of the compliance dates, a fine of ONE HUNDRED DOLLARS ($100.00) will accrue for each day the violation continues past the applicable compliance date. 4) Respondent bears the burden of, and shall contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondent shall call (352) 241-7309 to request an inspection. 5) Any fine imposed shall accrue from the date it is imposed until the date that the violation is corrected as verified by the City of Clermont Code Enforcement Department. SP Done and Ordered this day of November 2011. CODE ENFORCEMENT BOARD OF E CITY OF CLWONT, FLORIDAX/ ames T. Purvis An aggrieved party, including the City Council of the City of Clermont, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall be filed within thirty (30) days of the rendition of this Order as set forth in Section 162.11, Florida Statutes. I HEREBY CERTIFY that on this2— I St day of November 2011, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, Verena Rinehart 258 2nd Street, Clermont, FL 34711 and Lee Jacobson, 545 Delaney Ave., Suite 7, Orlando, FL 32801. -7Wq ou 00Oa 3751-0? cp36042doc#1061 2 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-835 Petitioner Violation No. 1985 VS. JIMMIE & BRENDA POLK 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, Jimmie & Brenda Polk, 1004 Chateau Cir., Minneola, 34715 (Certified Mail/Return Receipt Requested# 9171 9690 0935 Ogt&,4438 29) BY: this 61h day of Jv e 20 Officer IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT'fO 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 'DROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE gPPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 29, 2012 Violation # 1985 To: JIMMIE & BRENDA POLK 1004 CHATEAU CIR MINNEOLA, 34715 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4431 95 Property Address: 1358 LAUREL HILL DR., CLERMONT, FL Parcel Numbers: 20-22-26-1506-0001-7600 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 (1) (,Z) Weeds &Refuse 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: • 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. (IPMC 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. Please call (352) 241-7309 or contact me at sosheaa-clermontfl.ong when you comply. You are directed to take action by April 9, 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: 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 ar.. trial matter; fruit, vegetables, offal, bricks, concrete, scrap lumber or other building debris or o.ier 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 budding or other structure which is in such a dilapidated condition that it is unfit for human l: ,bitation, or kept in such an insanitary condition that it is a menace to the health of people resit :ig in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinit, where it is located. (5) Noises. All unnecessary or unL ithorized noises and annoying vibrations, including animal noises. (6) Odors and stenches. All disag: _veable or obnoxious odors and stenches, as well as the conditions, substances or other taus s which give rise to the emission or generation of such odors and stenches. (7) Carcasses of animals. The cai sses of animals or fowl not disposed of within a reasonable time after death. (8) Pollution of bodies of water. I ie pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead a: � imals, creamery wastes, industrial wastes or other substances. (9) Places where illegal activities ke place. Any building, structure or other place or location where any activity which is in viol,. on of local, state or federal law is conducted, performed or maintained. (10) Stagnant water. Any accumi ation of stagnant water permitted or maintained on any lot or piece of ground. (11) Storage ofjunk in residential seas. The storage or accumulation of junk in any area zoned for residential use. (12) Discharge of sewage or grew. Any act resulting in the discharge, dumping or disposal of any contents of any septic tank, dr_ -ell, raw sewage, grease or similar material, regardless of its source, into or upon any land or bu y of water within the city, except as may be allowed through the city's sewer system, or as other ise authorized by chapter 66 and state law. (13) Improperly built or maintains l private disposal systems. Improperly built or maintained septic tanks, water closets, or privi . (14) Health or life threatening ac' ,*ties. Any act by which the health or life of any individual may be threatened or impaired, or which or through which, directly or indirectly, disease may be caused. (15) Unapproved sewage or grew, disposal methods. Any method for disposing of the contents of any septic tank, dry we, raw sewage, grease or similar material which has not been approved by the county health dep: ment or state department of health and rehabilitative services. GENERAL REQUIREMENTS the release mechanism shall be located on the I side of the 9. Flooring and flooring components with defects gate. Self -closing and self -latching gates sha maintained that affect serviceability or flooring components such that the gate will positively close latch when that show signs of deterioration or fatigue, are not released from an open position of 6 inches (1 ` . r: m) from the properly anchored or are incapable of supporting gatepost. No existing pool enclosure sha:', be removed, all nominal loads and resisting all load effects; replaced or changed in a manner that reduces s Tectiveness 10. Veneer, cornices, belt courses, corbels, trim, wall as a safety barrier. facings and similar decorative features not prop - Exception: Spas or hot tubs with a safety r that com- erly anchored or that are anchored with connec- plies with ASTM F 1346 shall be exempt : i the provi- tions not capable of supporting all nominal loads sions of this section. and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, SECTION 304 EXTERIOR STRUCTURE signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are 304.1 General. The exterior of a structure l be main- anchored with connections not capable of support- tained in good repair, structurally sound and s ry so as not ing all nominal loads and resisting all load effects; to pose a threat to the public health, safety or re. 12. Exterior stairs, decks, porches, balconies and all 304.1.1 Unsafe conditions. The folio\ conditions similar appurtenances attached thereto, including shall be determined as unsafe and shall repaired or guards and handrails, are not structurally sound, replaced to comply with the Internationa: 'ding Code not properly anchored or that are anchored with or the International Existing Building Cod equired for connections not capable of supporting all nominal existing buildings: loads and resisting all load effects; or 1. The nominal strength of any strut member is 13. Chimneys, cooling towers, smokestacks and simi- exceeded by nominal loads, the to;. ects or the lar appurtenances not structurally sound or not required strength; properly anchored, or that are anchored with con- 2. The anchorage of the floor or roo, ills or col- nections not capable of supporting all nominal umns, and of walls and columns ; rrdations is loads and resisting all load effects. not capable of resisting all nomir ds or load Exceptions: effects; 1. When substantiated otherwise by an approved 3. Structures or components then that have method. reached their limit state; 2. Demolition of unsafe conditions shall be per- 4. Siding and masonry joints i ,g joints mitted when approved by the code official. between the building envelope ar perimeter 304.2 Protective treatment. All exterior surfaces, including of windows, doors and skylights not main- but not limited to, doors, door and window frames, cornices, tained, weather resistant or water : porches, trim, balconies, decks and fences, shall be main- 5. Structural members that have evir " deterio- tained in good condition. Exterior wood surfaces, other than ration or that are not capable of s: _.upporting decay -resistant woods, shall be protected from the elements all nominal loads and load effects; and decay by painting or other protective covering or treat- 6. Foundation systems that are not i supported ment. Peeling, flaking and chipped paint shall be eliminated by footings, are not plumb and • om open and surfaces repainted. All siding and masonryjoints, as well cracks and breaks, are not prope. bored or as those between the building envelope and the perimeter of are not capable of supporting al nal loads windows, doors and skylights, shall be maintained weather and resisting all load effects; resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, 7. Exterior walls that are not ancho, Ipporting and all surfaces with rust or corrosion shall be stabilized and and supported elements or are not and free coated to inhibit future rust and corrosion. Oxidation stains of holes, cracks or breaks and I )r rotting shall be removed from exterior surfaces. Surfaces designed materials, are not properly anc1; �r are not for stabilization by oxidation are exempt from this require - capable of supporting all nominal nd resist- ment. ing all load effects; �l 304.3 Premises identification. Buildings shall have 8. Roofing or roofing components t � defects approved address numbers placed in a position to be plainly that admit rain, roof surfaces adequate legible and visible from the street or road fronting the prop - drainage, or any portion of the roc: rig that is erty. These numbers shall contrast with their background. not in good repair with signs oration, Address numbers shall be Arabic numerals or alphabet let - fatigue or without proper anchora, :capable ters. Numbers shall be a minimum of 4 inches (102 mm) in of supporting all nominal loads ; sting all height with a minimum stroke width of 0.5 inch (12.7 mm). load effects; 12 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-836 Petitioner Violation No. 2016 VS. BRIAN A BADLU & DIANA HARIPERSAUD 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, Brian A Badlu & Diana Haripersaud, 1931 Crestridge Dr., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4438 36) BY: -- ---- Suzanne O'She , Code f rcement Officer this 6th day of une, 2012. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT FHESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR FHIS 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 April 16, 2012 Violation # 0974 To: BRIAN A BADLU & DIANA HARIPERSAUD 1931 CRESTRIDGE DR CLERMONT, FL 34711 Certified Mail# 9171 9690 0935 0016 4432 94 Property Address: 1931 Crestridge Dr., Clermont, FL 34711 Type of Violation: PROPERTY MAINTENANCE In Violation Of: Chapter 34-61(1)(2) Weeds/Refuse In Violation Of: Chapter 188-36 Plant Material (g) Lawn Grass 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. Please call (352) 241-7309 or email soshea(aD_clermontfl.org, when you comply. You are directed to take action by April 30, 2012. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: 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 of junk 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. Sec. 118-36. Plant material. (a) Quality. Plant materials used in conformance with provisions of this chapter shall meet specifications of Florida No. 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 118-2. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four foot spread, and shall meet the standards as specified in section 118-2. (4) Sixty percent of required canopy trees in parking lots shall be live oak trees. (c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when measured immediately after planting. (d) Hedges. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years from the time of planting. (e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as specified. (f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such manner as to present a finished appearance and provide reasonably complete coverage within 12 months after planting. (g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention areas and swales, and on areas where relief indicates the property may be subject to erosion. On lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered with an approved ground cover. Areas proposed for hydroseeding shall be approved by the administrative official or the established designee thereof. (h) In an effort to foster water conservation, new commercial, multifamily, common green areas in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant ground cover. (Ord. No. 281-C, § 1(ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 309-C, § Il, 6-26-01; Ord. No. 310-C, § 2, 7-24-01; Ord. No. 311-C, § 1, 11-13-01; Ord. No. 3 3 8-C, § 1, 6-22-04) Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-838 Petitioner Violation No. 1965 VS. SAMUEL A. & FRANCES M. OSSO 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, 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, Samuel A. & Frances M. Osso, 2729 Knightsbridge Rd., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2726 29) BY. Allen La lair, Code Enforcement Officer this 23rd day of May, 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 2726 29 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 13, 2012 To: Samuel A & Frances M Osso 2729 Knightsbridge Rd Clermont, FL 34711 Violation # 1965 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2720 18 Property or Violation Address: 2729 Knightsbridge Rd Parcel Number(s): 10-23-26-180200018000 Type of Violation: SEVERE PRUNING OF REQUIRED TREE(s) In Violation Of: Chapter 118, Section 118-35 Titled: Maintenance and Pruning You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the severe pruning of a required tree. Pruning is not in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Compliance of This Violation will be when a permit to remove the damaged 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. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 60 days will result in a Notice to Appear for a hearing before the Code Enforcement Board By: 6�/ Allen LaClair Code Enforcement Officer 9171 9690 0935 0021 2720 18 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-840 Petitioner Violation No. 1964 vs. CHANDRAKOMAR & SATIYAWATI LUTCHMINARIANE 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, 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, Chandrakomar & Satiyawati Lutchminaraine (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2726 36) BY: Allen LaClair, Code Enforcement Officer this 23rd day of May, 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 March 13, 2012 To: Chandrakomar & Satiyawati Lutchminaraine 4573 Barbados Loop Clermont, FL 34711 Violation # 1964 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2720 01 Property or Violation Address: 4576 Barbados Loop Parcel Number(s): 10-23-26-190100018500 Type of Violation: SEVERE PRUNING OF REQUIRED TREE(s) In Violation Of: Chapter 118, Section 118-35 Titled: Maintenance and Pruning You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the severe pruning of a required tree. Pruning is not in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Compliance of This Violation will be when a permit to remove the damaged 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. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 60 days will result in a Notice to Appear for a hearing before the Code Enforcement Board s 7 By: Allen LaClair Code Enforcement Officer 9171 9690 0935 0021 2720 01 Code Enforcement Board of the City of Clermont NOTICE OF HEARING 3(4a CITY OF CLERMONT, Case No. 12,83t Petitioner Violation No. 2027 VS. SRGC 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: 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 Violation Notice, 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, SRGC LLC., 2601 Diamond Club Dr., Clermont, FI 34711 (Certified Mail/Return Receipt Reque+V# 9171 9690 0935 0016 4437 51) BY: l�1/ Suzanne O' hea, Code En rcement Officer this 23rd doy of May 201 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 11, 2012 To: SRGC LLC 2601 DIAMOND CLUB DR CLERMONT, FL 34711 Hand -delivered to: Jason DeWildt Emailed to: Craig Edwards Violation #2027 Property Address: SANCTUARY RIDGE GOLF COURSE, 2601 DIAMOND CLUB DR, CLERMONT, FL 34711 Type of Violation: MOWING PRIOR TO 7:00 A.M In Violation Of: Chapter 34-32 Business Noises Adjacent to Residential Sections of the City (SEE ATTACHED COPY) 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. Please contact me at soshea(a-clermontfl.org or (352) 241-7309, when you comply. You are directed to take the above action for compliance by: May 12, 2012. Failure to remedy the violation within the allotted time will result in a Notice to Appear before the Code Enforcement Board. By: A, _/,� Su ne O'Shea Code n orcement Officer CITY OF CLERMONT ORDINANCE No. 2011-03-C (7) Loading and unloading operations. The creation of a loud and excessive noise in connection with loading or unloading of any vehicle, trailer or container, or the opening and destruction of bales, boxes, crates and containers. (8) Noises near churches, schools, institutions of learning or hospitals. The creation of any excessive noise on any street adjacent to any church, school or institution of learning while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings of such institutions, provided conspicuous signs are displayed in such streets indicating that the same is a church, school or hospital. (9) Noises to attract attention. The use of any drum, pan, pail, bell, horn, trumpet, loudspeaker or other instrument or device for the purpose of attracting attention or intended to attract attention to any performance, show, sale or display of merchandise, except after obtaining permission from the City. (10) Playing of radio, phonograph or any musical instrument. The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 11:00pm and 7:00am, as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence. (11) Use of vehicles. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise. Sec. 34-32 Business noises adjacent to residential sections of the City Noises created from nonresidential areas that are adjacent to or spill -over into residential areas shall be prohibited in accordance with the hours listed below. Noises may include but are not limited to the following: The blowing or burning of carbon from cylinders, testing engines, operating machinery or the performing of any kind of work of any nature whatsoever, which produces noises of any kind audible outside of any garage, shop or other place of business located adjacent to the residential sections of the City between the hours of 9:00pm and 7:00 am on any day shall be a violation of the Code. Truck deliveries shall also be prohibited between the hours of 10:00pm and 7:00am for the same locations adjacent to residential sections of the City. 5 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-843 Petitioner Violation No. 2000 VS. DEBRA L. WILLIAMS 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, 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, Debra L. Williams, 1265 Ryan St., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2726 74) BY: Allen LaClair, Code Enforcement Officer this 24th day of May, 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 2726 74 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE April 17, 2012 To: Debra L Williams 1265 Ryan St. Clermont, FL 34711 Violation # 2000 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2723 08 Property or Violation Address: 1265 Ryan St. Parcel Number(s): 25-22-25-050000004400 Type of Violation: INSTALLATION OF A FENCE WITHOUT A PEnti-A- In Violation Of: Code of Ordinances, Section 122-344 -R R�q� Titled: General Development conditions Type of Violation: IMPROPER INSTALLATION OF A FENCE In Violation Of: Code of Ordinances, Section 122-343 (e) Titled: Fences and walls; Design and maintenance 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 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. 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 La air Code Enforcement Officer 9171 9690 0935 0021 2723 08 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-844 Petitioner Violation No. 1930 vs. NICK BACON 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, Nick Bacon, 490 W Highway 50, Clermont, FI 34711 (Certified Mail/Return Receipt Requested#, 9171 9690 0935 00,16� 4438 12) 411, Suzanne O': This 31 st da i, Code EQfo,rcement Officer May 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 March 30, 2012 To: NICK BACON 490 W HIGHWAY 50 CLERMONT, FL 34711 Violation # 1930 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4432 32 Property Address: TWO VACANT RESIDENTIAL LOTS AT BROOME ST., & 5TH ST CLERMONT, FL Parcel Number: 24-22-25-0100-0450-1500 Type of Violation: MAINTENANCE OF PROPERTY In Violation Of: Chapter 34, Section 34-95 Titled: "Prohibition of storage of certain items" (SEE ATTACHED COPY) 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 are untagged/unregistered vehicles on the property. • There are vehicles parts on the property, consisting of, but not limited to, truck bed caps, tires, etc. • Large cut trees trunks left on the property. Action Required to Correct Violations: • Permanently remove all abovementioned items from the residential lot. If items are for sale and associated with the auto sales business, please move to the commercial property. • Remove cut trees sections, OR for pick-up by the city, cut trees into 4 foot sections that are not larger than 6 inches in diameter. 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 April 16, 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'She Code E f cement CITY OF CLERLfONT ORDINANCE No. 2011-03-C ARTICLE IV. JUNKED, WRECKED, ABANDONED PROPERTY Sec.34-91 Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Junkyard means any area of land, including structures thereon, that is used or designed to be used for the buying and selling at retail and/or wholesale, and/or storage, or remodeling or reconditioning of old, used or secondhand materials or items of any kind, which among others include cloth, rubber, paper, rubbish, bottles, iron, brass, copper, steel and other metals, furniture and used inoperative motor vehicles or parts thereof, or other like articles, exclusive of or in conjunction with any other use. Residential section means any property now or hereafter zoned under the zoning law of the City as UE, UT, R-1 A, R-1, R-2, R-3-A, R-3, or any other zoned area where such property within such zoned area is used for residential purposes. Nonresidential section means any property now or hereafter zoned or under zoning law of the City as 0-1, C-1, C-2, CBD, M-1, CD, or any other zoned area where such property within such zoned area is used for non-residential purposes, to include but not limited to commercial retail, office, industrial, non-profit, or any other similar type uses. Sec. 34-95 Prohibition of storage of certain items No person or business shall keep, store or allow to remain on any property within any section of the City any dismantled, partially dismantled, nonoperative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. For purposes herein, a vehicle that does not have a current and valid Motor Vehicle license tag shall be presumed to be non -operative. Storage of untagged vehicles, boats or similar items shall be allowed if contained within an enclosed structure such as a garage or warehouse. Approved non-residential uses that, as part of the operation of the business have such approved temporary storage for any of those uses listed above, may continue such use. New businesses after approval of this section shall provide an approved, permitted, and completely opaque screening enclosure. Opaque screening must be approved by the Site Review Committee and be in accordance with the Architectural Standards, permitted and installed for such use. C Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-846 Petitioner Violation No. 2022 vs. JOEL & CONNIE CASIMIRO 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, Joel & Connie Casimiro, 612 W Minneola Ave., Clermont, FL 34711. (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4433 17) BY: a. / Suzanne O'Sh e En ment Officer this 14th dayio 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 HIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE May 3, 2012 To: JOEL & CONNIE A CASIMIRO 612 W MINNEOLA AVE CLERMONT, FL 34711 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4435 15 Property Address: 268 EAST AVE., CLERMONT, FL 34711 Parcel Number: 24-22-25-0400-0040-0501 Violation # 2022 Type of Violation: Expired Permit]Work without a Permit In Violation Of: Chapter 122-344 "General development conditions." (SEE ATTACHED COPY) Type of Violation: Property Maintenance In Violation Of: Chapter 14-9 (Section 302.4 Weeds) "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: • 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. Please contact me at (352) 241-7309 or soshea(ED-clermontfl.ora when you comply. You are directed to take action by Friday May 18, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: v i U "- uzanne O'S 'Sa C d Enforcement Officer a � 0 c �.�-. F Q' C �. 0 T CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include culti- vated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- 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- 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. 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 stricture 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 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. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-848 Petitioner Violation No. 2036 vs. KRYSTA M GEHRINGER Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Wednesday June 27th, 2012, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I Hereby Certify That A True And Correct Copy Of The Above And Foregoing Notice Of Hearing Has Been Furnished By Certified Mail/Personal Service To Respondent, Krysta M Gehringer, 1790 Presidio Dr., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4439 42) BY: i �, _ Suzan e O� hea, e nforcement Officer this 15th day f June 2�3 2. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE May 22, 2012 Violation # 2036 To: KRYSTA M GEHRINGER 1790 PRESIDIO DR CLERMONT, FL 34711 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4436 83 Property Address: 1790 PRESIDIO DR., CLERMONT, FL 34711 Parcel Number: 20-22-26-1905-0000-7700 Type of Violation: TREE PRUNING In Violation Of: Chapter 118, Section 118-35 Titled: "Maintenance and Pruning." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the two Oak trees located in the front yard of the property that were severely overpruned. Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Compliance of This Violation will be when the following is completed in its entirety: • Plant 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. You are required to contact me at (362) 241-7309 or sosheaAclermontfl.org when you com I . You are directed to take action by June 22, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: Sec. 118-35. Maintenance and pruning. Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this chapter if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section 118-113(d)(2). Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise (i.e. view, signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse and a violation of this Code. Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. (Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04) Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping and derived from Ord. No. 281-C, § 1(ch. 13, § 3(E)), adopted November 8, 1994 Sec. 118-36. Plant material. (a) Quality. Plant materials used in conformance with provisions of this chapter shall meet specifications of Florida No. 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 118-2. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four foot spread, and shall meet the standards as specified in section 118-2. (4) Sixty percent of required canopy trees in parking lots shall be live oak trees. (c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when measured immediately after planting. (d) Hedges. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years from the time of planting. (e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as specified. (f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such manner as to present a finished appearance and provide reasonably complete coverage within 12 months after planting. (g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention areas and swales, and on areas where relief indicates the property may be subject to erosion. On lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered with an approved ground cover. Areas proposed for hydroseeding shall be approved by the administrative official or the established designee thereof. (h) In an effort to foster water conservation, new commercial, multifamily, common green areas in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant ground cover. (Ord. No. 281-C, § l (ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 309-C, § II, 6-26-01; Ord. No. 310-C, § 2, 7-24-01; Ord. No. 311-C, § 1, 11-13-01; Ord. No. 33 8-C, § 1, 6-22-04) Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-849 Petitioner Violation No. 2043 VS. DAVID & DAWN RAMNATH Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Wednesday June 27th, 2012, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I Hereby Certify That A True And Correct Copy Of The Above And Foregoing Notice Of Hearing Has Been Furnished By Certified Mail/Personal Service To Respondent, David & Dawn Ramnath, 1594 Muir Cir., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935, 0016 4435 46) BY: 1' _4 Suzanne O' ea, Code En orcement Officer this 14" 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. Sox 120210, Clermont, FL 34712-0219 VIOLATION NOTICE May 22, 2012 To: DAVID & DAWN RAMNATH 1594 MUIR CIR CLERMONT, FL 34711 Violation # 2043 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4437 20 Property Address: 1594 MUIR CIR., CLERMONT, FL 34711 Parcel Number: 20-22-26-1975-0000-0900 Type of Violation: TREE PRUNING In Violation Of: Chapter 118, Section 118-35 Titled: "Maintenance and Pruning." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the three Oak trees located in the front yard of the property that were severely overpruned. Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Compliance of This Violation will be when the following is completed in its entirety: • Plant three trees, that meet at least the following criteria: Preferred Canopy tree A minimum of 12 feet in height immediately after planting A minimum of 6 foot spread A minimum of 3 inch caliper 65 gallon container FL Grade 1 or better • The trees must be replaced in close proximity to the affected tree, and not elsewhere on the property. • If you remove the affected trees, a tree removal permit must be submitted before removal. You are required to contact me at (352) 241-7309 or soshea(c) lermontfl.org when you com I . You are directed to take action by June 22, 2012. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: S�anne O'Shc�;a Code nforcement fficer Sec. 118-35. Maintenance and pruning. Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this chapter if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section 118-113(d)(2). Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise (i.e. view, signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse and a violation of this Code. Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. (Ord. No. 311-C, § 1, 11-13-01; Ord. No. 33 8-C, § 1, 6-22-04) Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping and derived from Ord. No. 281-C, § 1(ch. 13, § 3(E)), adopted November 8, 1994 Sec. 118-36. Plant material. (a) Quality. Plant materials used in conformance with provisions of this chapter shall meet specifications of Florida No. 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 118-2. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four foot spread, and shall meet the standards as specified in section 118-2. (4) Sixty percent of required canopy trees in parking lots shall be live oak trees. (c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when measured immediately after planting. (d) Hedges. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years from the time of planting. (e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as specified. (f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such manner as to present a finished appearance and provide reasonably complete coverage within 12 months after planting. (g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention areas and swales, and on areas where relief indicates the property may be subject to erosion. On lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered with an approved ground cover. Areas proposed for hydroseeding shall be approved by the administrative official or the established designee thereof. (h) In an effort to foster water conservation, new commercial, multifamily, common green areas in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant ground cover. (Ord. No. 281-C, § l (ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 309-C, § II, 6-26-01; Ord. No. 310-C, § 2, 7-24-01; Ord. No. 311-C, § 1, 11-13-01; Ord. No. 33 8-C, § 1, 6-22-04) Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-850 Petitioner Violation No. 2041 VS. MARLENE SALOMON 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, Marlene Salomon, 1110 Princeton Dr., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4438 98 ) BY: M L24 v \'__ Suzanne O' hea, Code orcement Officer this 11th da f June 2012. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, Fl, 34712-0219 VIOLATION NOTICE May 22, 2012 Violation # 2041 To: MARLENE SALOMON 1110 PRINCETON DR. CLERMONT, FL 34711 Certified, Return Receipts Requested #: 9171 9690 0935 0016 4437 06 Property Address: 1110 PRINCETON DR., CLERMONT, FL 34711 Parcel Number: 21-22-26-0306-0001-3400 Type of Violation: TREE PRUNING In Violation Of: Chapter 118, Section 118-35 Titled: "Maintenance and Pruning." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the Oak tree located in the front yard of the property that was severely overpruned. Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Compliance of This Violation will be when the following is completed in its entirety: • Plant 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. You are required to contact me at (362) 241-7309 or soshea(d_)clermontfl.ora when you com 1 . You are directed to take action by June 22, 2012. Failure to remedy the violation within the allotted time wikrri�ikult in a hearing before the Code Enforcement Board. Code Enforcement Officer Sec. 118-35. Maintenance and pruning. Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this chapter if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section 118-113(d)(2). Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise (i.e. view, signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse and a violation of this Code. Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. (Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04) Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping and derived from Ord. No. 281-C, § 1(ch. 13, § 3(E)), adopted November 8, 1994 Sec. 118-36. Plant material. (a) Quality. Plant materials used in conformance with provisions of this chapter shall meet specifications of Florida No. 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 118-2. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four foot spread, and shall meet the standards as specified in section 118-2. (4) Sixty percent of required canopy trees in parking lots shall be live oak trees. (c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when measured immediately after planting. (d) Hedges. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years from the time of planting. (e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as specified. (f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such manner as to present a finished appearance and provide reasonably complete coverage within 12 months after planting. (g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention areas and swales, and on areas where relief indicates the property may be subject to erosion. On lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered with an approved ground cover. Areas proposed for hydroseeding shall be approved by the administrative official or the established designee thereof. (h) In an effort to foster water conservation, new commercial, multifamily, common green areas in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant ground cover. (Ord. No. 281-C, § 1(ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 309-C, § 1I, 6-26-01; Ord. No. 310-C, § 2, 7-24-01; Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04)