The URL can be used to link to this page

04-17-2012 Supporting DocumentsCODE ENFORCEMENT BOARD MEETING APRIL 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES OF THE CODE ENFORCEMENT BOARD MEETING FOR MARCH 20, 2012 APPROVAL OF WORKSHOP MINUTES FOR MARCH 20, 2012 CASE NO. 12-816 O'Shea I"� OPENING STATEMENT SWEARING IN WITNESSES AGENDA NEW BUSINESS Jean A. Edwards & Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 REPEAT VIOLATION: Chapter 14, Section 14-9 IMPC 2012, Sections: 302.4, 302.5, 303.1, 302.1, 108.1.3, 305.1, 308.1, 304.2, 304.7, 302.7 CASE NO. 12-817 Tiproel, LLC O'Shea Vacant Bloxam Ave. lot at Pitt St. (1 J Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34-61 (1)(2) Unlawful Maintenance of Nuisances CASE NO. 12-818 LaClair Miguel Mosquera 2494 Holly Berry Circle Clermont, FL 34711 VIOLATION: Chapter 62, Section 62-33 Illegal Parking of Commercial Vehicle CASE NO. 12-819 G d�� C, GCCFC 2007/GG9 Oakley Seaver, LLC O'Shea c/o LNR, LLC; Attn: Urosh Tomovich 1200 Oakley Seaver Dr., Suite 111 Clermont, FL 34711 VIOLATION: Chapter 102, Section 102-22 � , ,np , ,OM", Vehicle Used as a Sign CODE ENFORCEMENT BOARD MEETING APRIL 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CASE NO. 12-820 �r� Shradhahand & Vedyawatie Samaru LaClair 4765 Barbados Loop Clermont, FI 34711 VIOLATION: Chapter 118 Section 118-35 Severe Pruning of Required Trees *************************** * ******************.......************************«*************************�** CASE NO. 12-826 Maria Elena Hernandez-Borjas, MD LaClair 364 Chestnut St. \ Clermont, FI 34711 VIOLATION: Chapter 102 Section 102-15 Installation of Prohibited Sign without Permit CASE NO. 12-828 Harvey A. Rosenberg LaClair S D 1727 Chickadee Way �� j 1 Clermont, FI 34711 y i I VIOLATION: Chapter 66, Section 66-221 & 66-220 Failure to Remit Irrigation Fine Violation of Irrigation Schedule ************************************************************************************************************* CASE NO. 12-830 First Church of the Nazarene of Clermont, Inc. O'Shea ��r�22_, �.� 101 N. Grand Highway Clermont, FI 34711 VIOLATION: ,� hapter 118, Section 118-35;Maintenance and Pruning Chapter 118, Section 118-36; Plant Material L,)Dt Chapter*118, Section 34-61(1); Weeds****** CASE NO. 09-504 o'shea �� 1•-1 OTHER BUSINESS JClermont Motor Lodge The First National Bank of Mount Dora (Trustee) 1320 US Highway 27 Clermont, FL 34711 REQUEST: Request for Extension 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. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 The regular meeting of the Code Enforcement Board was called to order on Tuesday, March 20, 2012 at 7:02 p.m. Members attending were Chairman Dave Holt, along with Board members Larry Seidler, Bill Rini, Alfred Mannella, Chandra Myers, and Thomas Gorgone. Ken Forte joined the meeting at 8:02. Also attending were Jim Hitt, Planning and Zoning Director, Suzanne O'Shea, Code Enforcement Officer, Allen LaClair, Water Conservation Coordinator/Code Enforcement Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. Code Enforcement Board Attorney Valerie Fuchs swore in new Board members Larry Seidler and Bill Rini. The minutes from the Code Enforcement Board meeting of February 21, 2012 were approved as amended. Code Enforcement Chairman Dave Holt read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Dave Holt gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 12-810 and 12-815 have come into compliance and will not be heard. CASE NO. 12-808 James Sheehan & Deborah McGowin 1349 Bridge Hill Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1349 Bridge Hill Lane, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35; Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Allen LaClair, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the severe pruning of a required tree. Pruning is not in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 Maintenance ANSI 300" of the National Arborist Association. Compliance of this violation will be when a permit to remove the damaged tree is granted, the tree removed, and a new tree installed. Deborah McGowan -Sheehan, 1349 Bridge Hill Lane, stated that she bought this house as a foreclosure. She stated that they have put a lot of effort into the property to bring it back to the state it was when it was built. She stated that she did not know that there was such thing as a severe pruning as a violation. She stated that she does not feel that a large healthy tree should not be replaced with a small immature tree. Board member Myers asked the Respondent if she had any pictures of the tree. Ms. McGowan -Sheehan stated that she had pictures on her laptop. Board member Mannella asked if the home was in Legends subdivision and does Legends have an architectural control board. Ms. McGowan -Sheehan stated that the home is in Legends and yes they do have an architectural control board. Board member Gorgone asked if the Respondent pruned the tree herself. She stated that her son pruned the tree. Board member Rini asked why she would top a tree in this manner. She stated that when you top a tree they bush out more and she wanted the tree to get thicker. Board member Rini asked that topping a tree is a violation of the city code. City Attorney Dan Mantzaris stated that it is a violation of the city code. Tom Gorgone made a motion to find the Respondent in violation of the cited City code with a fine of $150 per day from May 15. 2012 until complied: seconded by Chandra Myers. The vote Failed with 4-2 not in favor of the fine and date with Board members Larry Seidler, Bill Rini, Alfred Mannella and Dave Holt opposing. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a line o $50 per day,from June 19. 2012 until complied; seconded by Seidler. The vote was unanimous in favor o�finding the Respondent in violation with the fine and date. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 CASE NO.12-812 Andre L. & Yvette C. Gamier 444 W. Desoto St. Clermont, F134711 LOCATION OF VIOLATION: 444 W. Desoto St., Clermont, FL 34711 VIOLATION: Chapter 34 Sections 34-61 (2); 2012 IPMC-Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the large accumulation of tree limbs in the rear of the property that have fallen from a tree. Compliance of this violation will be when all of the tree limbs are cleaned and removed from the property. Andre Gamier, 444 W. Desoto St., stated that he cut a branch that was over the neighbor's roof. He stated that it fell off into the garden. He stated that he's been cutting the branch into small sections and getting rid of it. He stated he's just not been able to get rid of the debris quick enough. He stated that he believes he can have the debris cleaned up in 30 days. Yvette Gamier, 444 W. Desoto St., stated that her husband is 86 years old and she feels 4 weeks is not going to be long enough for him to clean up the debris in the heat and his disability. City Attorney Dan Mantzaris stated that Staffs recommendation will be changed to May 15, 2012. Tom Gomone made a motion to find the Respondent in violation of the cited City code with a fine o $SO per day from May 15, 2012 until complied: seconded by Alfred Mannella. The vote was unanimous in favor oLfinding the Respondent in violation with the fine and date. CASE NO.12-814 S.W. Williams, LLC 901 12' Street Clermont, FL 34711 LOCATION OF VIOLATION 901 12' Street, Clermont, FL 34711 REQUEST: Chapter 14, Section 14-9 (302.7)(302.4)(302.5)(302.3); IPMC 2012 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: Portions of wood fencing around the property remain in a state of disrepair. Panels and boards are missing and/or falling down. (Section 302.7 Accessory Structures). Grass and weeds within the fenced area, and around the perimeter of the property, are in excess of 18 inches. (Section 302.4 Weeds, 302.5 Rodent Harborage). Parking lot is in disrepair, with numerous potholes and unsafe driving areas. (Section 302.3 Sidewalks). Compliance of this violation will be when the following conditions are met: The fence has been repaired so the boards and panels are secure. The grass and weeds are cut below 18 inches, with all clippings cleaned and removed. Repave areas of the driveway and parking area that are in disrepair, including potholes, broken concrete and dangerous areas for vehicle travel. Board Rini asked if each time Ms. O'Shea walked the property, did the owner or representative walk the property with her. Ms. O'Shea stated that if they want to walk the property with her, they can contact her and she will walk the property with them but so far she has done her own inspections without anyone from the company walking with her. David McKay, 901 12`h St., stated that he has been at this location since 1977. He stated that they are repairing the stockade fence constantly. He stated that the large trucks turn around in their parking lot that tears up the pavement. He stated that he has contacted several contractors to come repair the parking lot. He stated that it is costly. He stated that they are trying to see what the company can do themselves to repair the parking lot. He stated that they are speculating putting a gate up to keep the large trucks out of their parking lot. He stated that 60 days should give him enough time to meet compliance. Ken Forte arrived at 8:02 Alfred Mannella made a motion to Find the Respondent in violation of the cited City code with a fine of $250 per day from June 19. 2012 until complied: seconded by Lam Seidler. The vote was unanimous in favor of anding the Respondent in violation with the fine and date. CASE NO.12-797 Belgian Capital Fund, LLC S.L. Medical Arts, Ctr., Oakley Seaver Blvd. Clermont, F134711 N 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 LOCATION OF VIOLATION: S.L. Medical Arts, Ctr., Oakley Seaver Blvd., Clermont, FL 34711 REQUEST: Request for Amendment to Order City Attorney Dan Mantzaris stated that this case was before the Board in January. He stated that when the order was transcribed it did not include a reference code section 118-35, so they are requesting an amendment to the order to include the referenced section. Jimmy Crawford, 1635 E. Highway 50, stated that he agrees with the amendment. He stated that they do believe they are in compliance as far as the weed issue. Alfred Mannella made a motion to allow the amendment of the order; seconded by Ken Forte. The vote was unanimous in favor of the amendment of the order. CASE NO.10-620 & 10-621 Sam Allison (New Owner) Jerry D. & Jeanne C. Walls 400 E. Hwy. 50 Clermont, FL 34711 LOCATION OF VIOLATION: 400 E. Hwy. 50, Clermont, FL 34711 REQUEST: Request for Forgiveness City Attorney Dan Mantzaris introduced the case. Sam Allison, 12945 Pineapple Place, stated that the property is in compliance and they request forgiveness of the fine. Tom Gorone made a motion to give of the fine; seconded by Chandra Myers. The vote was unanimous in favor of the forgiveness. CASE NO.11-781 Blank, Rome LLP\ (On Behalf of Bank of America) Craig & Melissa Post 278 East Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 628 W. Minneola Ave., Clermont, FL 34711 REQUEST: Reduction of Fine City Attorney Dan Mantzaris introduced the case. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MARCH 20, 2012 The Respondent was not present. Tom Gorgone made a motion to reduce the fine from $9000 to $500 to be paid in 30 days; seconded by Alfred Mannella. The vote was unanimous in favor of the fine reduction. Code Enforcement Valerie Fuchs stated that she has a conflict for the June 19, 2012 meeting date so she is requesting to change the meeting date to June 27, 2012. Chairman Dave Holt asked about the status for the request of the appreciation letters from Jim Purvis. City Attorney Dan Mantzaris stated that the City is drafting a letter for the Mayor to sign. He stated that in April there is a volunteer week or month so they will be drafting a Resolution to recognize all the volunteers of the city and community. Chairman Dave Holt stated that he thinks that is a great idea, however he feels that Mr. Purvis would have wanted a smaller process for the Code Enforcement Board and to be done sooner. City Planner Jim Hitt thanks the Board for what they do and they can call or email if they have any questions at anytime. There being no further business, the meeting was adjourned at 8:22 p.m. Attest: Rae Chidlow, Code Enforcement Clerk Dave Holt, Vice -Chairman 6 CITY OF CLERMONT CODE ENFORCEMENT BOARD WORKSHOP MARCH 20, 2012 1. Code Enforcement Board: Origin, powers, limitations etc., Chapter 162, F.S. Code Enforcement Attorney Valerie Fuchs addressed the Florida Statutes Chapter 162 pertaining to Local Government Code Enforcement Boards highlighting on the broad powers of the board. 2. Quasi -Judicial Boards Ms. Fuchs stated t Quasi -Judicial means you are acting as a judge. She stated the Board members must bias and impartial. She stated that proper notice by staff must be given as stated by Chapter 162. She stated that the Respondent and public must be allowed due process to be heard by the Board. She stated that the Board does not have to hear repeat or irrelevant information. She stated that a decision must be made on facts presented by Staff, not on hearsay information. She stated that Board members cannot use information that they have seen or heard outside of the public meeting. She stated that the Board needs to focus only on the case presented not what happens in the neighborhood. She warned that once a violation has been determined, you must keep personal or derogatory comments to yourself. 3. Exparte Communications, Sec. 286.0115, F.S. Ms. Fuchs stated that Exparte Communication means Board members cannot speak to anyone outside of the public hearing about any of the cases. She stated that Board members themselves can call and report code issues to the Code Enforcement Officer, but they cannot push the staff to pursue a case. She stated that it is up to staff to make the determination of violation and whether to pursue a case. Ms. Fuchs stated that no one should be calling the Board members to speak about a case. 4. Sunshine Law, Sec. 286.0111, F.S. Ms. Fuchs stated that if any Board members meet to discuss Code Enforcement issues you must follow the Sunshine requirements. She stated that Board members would have to meet in a public place with ADA accessibility and provide public notice that you are meeting. Ms. Fuchs stated that the Board members could break the Sunshine Law if they are speaking, texting, emailing or corresponding in any manner if they mention a code case that is being presented before them. Ms. Fuchs stated that if a Citizen contacts a Board member, they should direct the person reporting the code issue to City staff. She stated that any emails between Board members and Staff are public record. Ms. Fuchs stated that she highly discourages Board members to visit the site prior to the meeting. She stated that Staff will show pictures and will testify to the site visits. She stated there is nothing wrong with it; however they need to wait for staff's presentation so that the appearance of a predetermined decision was not made. She stated that the appearance of breaking the Sunshine Law is just as harmful. Ms. Fuchs stated that Board members should not lean over to another Board member to say anything during a presentation because that could give the appearance of violating the Sunshine Law. 5. Voting Conflicts, Sec. 286.012 & Sec. 112.3143, F.S. Ms. Fuchs stated that if a Board member attends a meeting they must vote, unless something is a conflict of interest, i.e. financial gain or loss. She stated that if you do have a conflict you can still participate in the discussion, but you must announce your conflict prior to the hearing of the case. 6. Board Procedures: Ms. Fuchs stated that Staff will present to the Board their case, the Respondent will have an opportunity to speak and present their case. The Public will then have an opportunity to speak if they choose. Once the Public portion of the case has been closed, the Board members will have an opportunity to ask questions. Ms. Fuchs stated that the Board can adopt their own rules if they choose. Ms. Fuchs handed out suggested motions to help the Board members make motions on cases presented by Staff. Dave Holt, Vice -Chairman Attest: Rae Chidlow, Code Enforcement Clerk Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-819 Petitioner Violation No. 1975 VS. GCCFC 2007 GG9 OAKLEY SEAVER LLC C/O LNR LLC ATTN: UROSH TOMOVICH Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday April 17th 2012, at 7:00 PM at 686 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, GCCFC 2007, GG9 Oakley Seaver Llc., C/O LNR LLC., Attn: Urosh Tomovich, 1601 Washington Ave Ste 700, Miami Beach, FL 33139 (Certified Mail/Return Receipt Requested# 9171 9690 0935 00160430 58) BY: Suzanne O'S a, od forcement Officer this 19t' day f March, 2012. F A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT �HESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 19, 2012 To: GCCFC 2007 GG9 OAKLEY SEAVER LLC C/O LNR LLC ATTN: UROSH TOMOVICH 1601 WASHINGTON AVE STE 700 MIAMI BEACH, FL 33139 Violation # 1975 Certified Mail, Return Receipt Requested #:9171 9690 0935 0016 4430 58 Property Address: 1200 OAKLEY SEAVER DR. SUITE 111, CLERMONT, FL 34711 Parcel Number: 09-22-26-1305-0030-0001 Type of Violation: VEHICLE USED AS A SIGN In Violation Of: Chapter 102, Section 102-22 Titled: "Signs on vehicles." (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 recurring parking of the business' van as a sign. The business is located at the north most end of the Oakley Seaver Plaza, but the vehicle is being parked towards the south side, approximately 380 feet away from the business, towards Hwy 50. Compliance of This Violation will be when all vehicles displaying any type of signage for The Cycling Hub are not being displayed as a sign. If all parking near the store is unavailable, additional parking exists in suitable areas around the plaza for parking company vehicles. Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply. By: CC: The Cycling Hub, 1200 Oakley Seaver Dr. Ste.111, Clermont, FL 34711 Sec. 102-22. Signs on vehicles. Signs on vehicles that do not increase the size of a vehicle in any direction shall be exempt from the provisions of this chapter so long as such vehicles are not utilized or positioned in a manner so as to be used as an on -site sign. Signs which may increase the dimensions of vehicles are prohibited except as approved by the administrative official. Illuminated signs are prohibited except for signs reading "taxi" or "ambulance" or showing the destination of public vehicles. No vehicles shall be painted ormarked with directional information so as to be used as an off -site sign. ALTA/AC S M LAND TITLE SURVEY s OF 1200 OAKLEY SEAVER DRIVE LYING IN SECTION 29, TOWNSHIP 22 SOUTH, RANGE 26 EAST LAKE COUNTY, FLORIDA all i I b, I s I Isa! I i I ` eao•ianw na4IDI —1122' no.M I-M) — I nao•roz�w nav n+l I —I u• (100' RIGHT OF WAV) Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-820 Petitioner Violation No. 1938 VS. SHRADHAHAND & VEDYAWATIE SAMARU Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday April 17, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, Shradhahand & Vedywatie Samaru, 4765 Barbados Loop, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2721 00) BY: - Allen LaClair, Code Enforcement Officer this 21st day of March, 2012. A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT -IESE 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 2721 00 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE February 14, 2012 To: Shradhahand & Vedyawatie Samaru 4765 Barbados Loop Clermont, FL 34711 Violation # 1938 Certified Mail, Retum Receipt Requested #: 9171 9690 0935 0015 9837 39 Property or Violation Address: 4765 Barbados Loop Parcel Number(s): 10-23-26-190000001700 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 required trees. 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 all 3 damaged trees is granted, the trees removed, and new trees installed. 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 9171 9690 0935 0015 9837 39 By: C Allen LaClair Code Enforcement Officer IW 1 A +� w• 00 r l , t IV it \`• to \° • ` Oa,.. • v 'i /.`��. y Jrt,„1r�i►-err- '�� t �- �Yi`'}>`'�;.�' � - �je, �t �� . .�� .. I � � I,i Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-830 Petitioner Violation No. 1946 VS. FIRST CHURCH OF THE NAZARENE OF CLERMONT INC. Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: April 17th, 2012, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the 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, First Church Of The Nazarene Of Clermont Inc., 101 N Grand Hwy., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 4432 49) BY: Suzannd O'Sh Code nf�rcement Officer this 5th day of p it 2012. �� 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 February 27, 2012 Violation #1946 To: FIRST CHURCH OF THE NAZARENE OF CLERMONT INC 101 N GRAND HWY CLERMONT, FL 34711 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0015 9833 88 Property Address: 101 N GRAND HWY, CLERMONT, FL 34711 Parcel Number: 09-22-26-0805-0080-0000 09-22-26-0805-0080-0000 Type of Violations: Failure to maintain landscape, Overgrowth of weeds In Violation Of: Section 118-35 Maintenance and pruning Section 188-36 Plant Material Section 36-61 (1) Weeds (see attached copy) You are hereby notified that you are in violation of the referenced chapter of the City of Clermont Code of Ordinances due to the following violations: • Failure to maintain the required landscaping around the property. There are dead/missing hedges, and trees that have not been replaced. • The vacant lots adjacent to the church are excessively overgrown with grass and weeds in excess of 18 inches. Compliance of This Violation will be when the following conditions are met in their entirety: • All landscape vegetation is sufficiently replaced and maintained so that all plant life is healthy, neat, and orderly. All plantings must adhere to the location, size, and quality of plant required. • Remove all dead plant material. Replace hedges around the perimeter of the property, as to the enclosed landscape plan. They must be planted two feet in height and 30 inches apart on center, and FL Grade 1 quality. • There are missing canopy trees located on the outside perimeter and interior of the property. They must be planted at 12 feet in height with a 6 foot spread, and FL Grade 1 quality. • Mow all grass/weeds in excess of 18 inches, and remove debris from the property. Please contact me at (352) 241-7309 or soshea(cD-clermontfl.or-q when you comply. You are directed to take the above action for compliance by March 26, 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: S anne O'S el i Co nforcemen � fficer 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. 118-35. 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 I I8-113(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, § II, 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) TRUST & invESTt`►/[EnT SERVICES THE FIRST nRTIonRL BRnH March 9, 2012 Ms. Suzanne O'Shea Code Enforcement Officer City of Clermont 685 West Montrose Street Clermont, FL 34711 RE: Case No.: CEB 09-504 Clermont Motor Lodge 1320 US Highway 27 Clermont, FL 34714 Property Owner: The First National Bank of Mount Dora as Trustee Dear Ms. O'Shea: Please consider this letter as a request for the above -referenced case to be heard at the April 17, 2012 Code Enforcement Board Meeting. The reason for such request is to ask for an extension to correct the violations as stated in the Stipulated Findings of Fact, Conclusion of Law and Order, dated July 16, 2009. Your cooperation in this matter will be greatly appreciated. Sincerely yours, { William J. Binneveld Vice President and Trust Officer WJB:ejm cc: Del G. Potter, Esquire Main Office: Corner of Seventh and Donnelly • Post Office Box 1406, Mount Dora, FL 32756-1406 • 352/383-2140 Leesburg Office: 310 Market Street • Post Office Box 491595, Leesburg, FL 34749-1595 Phone: 352/315-8362 Toll Free 877/383-2140 • fnhmrl rnm • Offiro- AA,n 4 r'; . 11 ,V Code Enforcement Board of the City of Clermont NOTICE OF HEAWNG CITY OF CLERMONT, Case No. 12-816 Petitioner Violation No. 1960 VS. JEAN A EDWARDS & DONALD C EDWARDS Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY APRIL 17TH, 2012 at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the 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, Jean A Edwards & Donald C Edwards, 624 Prince Edward Ave., Clermont, FI 34711. (Certified Mail/Return Receipt Requested#9171A690 0935 0015 9833 40) BY: v' I. ---- Suzanne 'She Code Enfwbement Officer this 13th day of rch 2012. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT iESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR IIS 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. i City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 REPEAT VIOLATION NOTICE March 13, 2012 Violation # 1960 To: JEAN A EDWARDS & DONALD C EDWARDS 624 PRINCE EDWARD AVE CLERMONT, FL 34711 Certified Mai{, Return Receipt Requested #: 9171 9690 0935 0015 9833 40 Property Address: 624 PRINCE EDWARD AVE, CLERMONT, FL Parcel Dumber: 19 22 26 0100 000 03400 Type of Violation: Property Maintenance In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2012" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the Intemational Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: • There is high grass and weeds in excess of 18 inches around the property. There is excessive underbrush around trees. (Section 302.4 Weeds) (Section 302.5 Rodent Harborage) • In the rear of the residence the pool is green and stagnant, and has become a breeding ground for mosquitoes and other insects. (Section 303.1 Swimming Pools) • There is no water service to the residence. There is an extreme foul odor emitting from the residence. The interior of the residence is filled with garbage, debris, clutter, and miscellaneous items. The ceilings appear to have water damage and be leaking. (Section 302.1 Sanitation) (Section108.1.3 Structure Unfit for Human Occupancy) (Section 305.1 General) • There is miscellaneous refuse such as pots, buckets, cups, etc scattered around the front, side, and rear of the residence. (Section 301.1 Accumulation of garbage and rubbish) • There are broken exterior windows. (Section 304.2 Protective treatment) • There are large holes in the soffits, permitting animals and weather to enter. (Section 304.7 Roofs and drainage) • The wood fence around the property is in disrepair, with boards missing and falling off. (Section 302.7 Accessory Structures) Action Required to Correct Violations: • Mow all grass and weeds on the property in excess of 18 inches, including to the street right -of- way. Clean all underbrush from trees, and around the general premises. • Drain the pool of all water and secure a cover, or chemically treat the pool so that there is no longer green, stagnant water. • Remove all items/garbage/rugs etc. from the interior of the residence that is the cause of the foul odor. Clean/disinfect the interior to permanently remove the odor. Determine the cause of the leaks and make all necessary repairs, obtaining required permits if necessary. • Remove all general clutter, debris and garbage from around the residence. • Repair broken window glass. • Repair the soffits around the house. • Repair the fence so that all boards are secure and fit properly in place. Please contact me at (352) 241-7305 or soshea@clermontfl.org, when you comply. You are directed to take the above action for compliance by April 13, 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: ktizanne O'She Cod nforcement CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Case No: CEB 09-603 624 Prince Edward Avenue Petitioner, Clermont, Florida 34711 VS. JEAN A. and DONALD C. EDWARDS, Respondents. 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 17, 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 Respondent, Donald C. Edwards, was present, thereupon issues the following Findings and Fact, 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.: 19-22-26-0100-000-03400 in Clermont, Florida. 3) The subject property and the structure, swimming pool and accessory structure located thereon have not been maintained as required by code. IL CONCLUSION OF LAW The Code Enforcement Board finds the Respondents, JEAN A. and DONALD C. EDWARDS, are in violation of Clermont City,.Code Chapter 14, Section 14-9, International Property Maintenance Code 2006,-sectiong 108.1.3 otructure unfit -for human occupancy),^3 ' (sanitation) `302.4 (weeds), 302.5 (rodent harborage), 302.7 (accessory structures)LMI�.1 ; (swimming pools), 304.7 (roofs and drainage), 305.1 (general) and 307.1 (accumulation of garbage and rubbish). III.ORDER Respondents shall correct the above -stated violation on or before January 19, 2010 by taking the remedial action as set forth in the Violation Notice dated October 16, 2009. If the Respondents fail to timely correct the violation a fine of TWO HUNDRED AND FIFTY DOLLARS ($250) will accrue for each day the violation continues past January 19, 2010. cp36042doc#655 CASE NO.: 09-603 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) 241-7309 to request an inspection. Any fine imposed shall accrue from the daze 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 November 2009. CODE ENFORCEMENT BOARD PF THE CITY OF CLERMONT, FLORI James 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 day of November 2009, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondents, Jean A. and Donald C. Edwards, 624 Prince Edward Avenue, Clermont, FL 34711. k-7cvoc.p 097appo1 ?5150} cp36042docN55 2 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exteriorproperty. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from baz- 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 INCHES1, 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 vem- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 46 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 nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is autho- rized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nui- sance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by pri- vate persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize dis- connection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equip- ment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equip- ment. The notice shall be in the form prescribed in Section 107:2. [A] 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Con- demned" and a statement of the penalties provided for occu- pying the premises, operating the equipment or removing the placard. [A] 108.4.1 Placard removal. The code officlal shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who SCOPE AND ADMINISTRATION defaces or removes a condemnation placard without the approval of the code official shall be subject to the penal- ties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penal- ties provided by this code. [A] 108.6 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilita- tion, demolition or other approved corrective action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endan- gered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those In the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empow- ered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE* 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gut- ters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, cor- bels, terra cotta trim, wall facings and similar decorative fea- tures shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather - coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the ele- ments and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be main- tained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE), every door, window and other outside opening required for ventilation of habitable rooms, food preparation GENERAL REQUIREMENTS areas, food service areas or any areas where products to be included or utilized in food for human consumption are pro- cessed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good work- ing condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies, operator I systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water, 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and main- tained in good working order. For the purpose of this sec- tion, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 13 4, Masonry that has been subjected to any of the fol- lowing conditions: 4.1. Deterioration; 4.2. Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached dislodged or failing connections. Steel that has been subjected to any of the following conditions: 5.1. Deterioration; 5.2. Elastic deformation, 5.3. Ultimate deformation; 5.4. Metal fatigue; or 5.5. Detached, dislodged or failing connections. Wood that has been subjected to any of the follow- ing conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects, rodents and other ver- min; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7, Vertical shear cracks; 6.8. Inadequate support; 6.9, Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching, Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, bal- cony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height GENERAL REQUIREMENTS above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following; an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health, After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one -family dwell- ing or of a single -tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' 15 GENERAL REQUIREMENTS the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight; 5. Structural members that have evidence of deter9o- ration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects: 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and. all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this require- ment. [Fl 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 12 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' GENERAL REQUIREMENTS and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and san- itary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occu- pancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exteriorproperty. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength: 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 5. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sani- tary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plas- ter, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings: 1. Soils that have been subjected to any of the follow- ing conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing; foundation, concrete or other structural element due to soil expan- sion; 1.3. Adverse effects to the design strength of foot- ing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. inadequate soil as determined by a geotechni- cal investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the fol- lowing conditions: 2.1. Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement, or 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the fol- lowing conditions: 3.1. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7. Detached, dislodged or failing connections. 14 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE' Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-817 Petitioner Violation No. 1967 VS. TIPROEL LLC Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY APRIL 17th$ 2012 at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the 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, Tiproel LLC, 11728 Osprey Pointe Blvd., Clermont FL 34711. (Certified Mail/Return Receipt Requested# 9171 9690 0935 0016 $,430 03) BY: Suzann ea, CoAitNforcement Officer this 14" d f March 2012 IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT HESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR 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 REPEAT VIOLATION NOTICE March 14, 2012 Violation # 1967 To: TIPROEL LLC 11728 OSPREY POINT BLVD CLERMONT, FI 34711 Certified, Return Receipts Requested #9171 9690 0935 0016 4430 03 Property Address: Vacant Bloxam Ave lot at Pitt St, Clermont, FI 34711 Parcel Numbers: 24-22-25-0150-OOKO-0200 Alt. key 1109957 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 (1)(2) 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 property being overgrown with grass and weeds, in addition to the refuse located on the property consisting of branches, garbage, and miscellaneous debris. Compliance of This Violation will be when the premise meets the following conditions: 1. All debris/garbage, dead branches etc. removed from the entire property, and the right-of-way. 2. Mow/bush-hog 50 ft in from all sides of the property, and remove all cut vegetation from the property. (see attached map) Please call (352) 241-7309 or contact me at sosheacM-clermontfl.org when you comply. This case will be presented to the Code Enforcement Board as stated in the attached Notice of Hearing on Repeat Violation, even if the violation has been corrected prior to the hearing date By: - a — sqonne O' ea Code E forcement Officer CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Case No: CEB 09-495 Vacant Lot Bloxam Avenne & north of Pitt Street Petitioner, AK 1109957 Clermont, Florida 34711 Vs. TIPROEL LLC, Respondent. I FINDINGS OF FACT. CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on May 19, 2009 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer and James Hitt, Planning Director for the City and having noted that Respondent was not 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 Respondent. 2) The Respondent is the owner of and in custody and control of the property described as Parcel No.: 24-22-25-0150-OOKO-0200 in Clermont, Florida. 3) There exists on the property debris/garbage, dead branches, overgrown grass and weed in violation of unlawful maintenance of nuisances in violation of City of Clermont Code Ch. 34, Section 34-61- (1)(2). II. CONCLUSIONS OF LAW The Code Enforcement Board finds the Respondent, TIPROEL, LLC, is in violation of Clermont City Code Ch. 34, Section 34-61 (1)(2). III.ORDER Respondent shall correct the above -stated violation on or before June 15, 2009 by taking the remedial action as set forth in the Violation Notice dated March 27, 2009. If the Respondent fails to timely correct the violation a fine of ONE HUNDRED DOLLARS ($100) will accrue for each day the violation continues past June 15, 2009. ca36042doc#457 CASE NO.: 09-495 Respondent is 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. Respondent 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 %?2 day of May 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORID Chairman James 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 V4day of May 2009, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, Tiproel LLC, 11728 Osprey Point Blvd., Clermont, FL 34711.(#7006 0810 0001 2594 9712) CodeAtWor ent Officer cp36042doc#457 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. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-818 Petitioner Violation No. 1973 vs. MIGUEL MOSQUERA Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday April 17, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, Miguel Mosquera, 2494 Holly Berry Circle, Clermont, FL (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2720 63) BY: G�. Allen LaClair, Code Enforcement Officer this 191" day of March, 2012. A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT HESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9171 9690 0935 0021 2720 63 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 19, 2012 To: Miguel Mosquera 2494 Holly Berry Circle Clermont, FL 34711 Violation # 1973 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0021 2720 63 Property or Violation Address: 2494 Holly Berry Circle Parcel Number(s): 28-22-26-190000001700 Type of Violation: ILLEGAL PARKING OF COMMERCIAL VEHICLE In Violation Of: Code of Ordinances Section 62-33 Titled: Truck and Trailer parking prohibited in residential areas; exceptions You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the parking of a commercial truck at your residence. This is the 3`d occurrence of this violation since April 2011 Compliance of This Violation will be when the truck is no longer parked in the subdivision. Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. A Notice to Appear for a hearing before the Code Enforcement Board is also enclosed. By: Allen LaClair Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-828 Petitioner Violation No. 1989 VS. HARVEY A. ROSENBERG Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday April 17, 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, Harvey A. Rosenberg, 1727 Chickadee Way, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2722 09) ge0000f BY: Allen LaClair, Code Enforcement Officer this aid day of March, 2012. A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT ESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE April 3, 2012 To: Harvey A. Rosenberg 1727 Chickadee Way Clermont, FL 34711 Violation # 1989 Certified Mail, Retum Receipt Requested #: 9171 9690 0935 0021 2722 09 Property or Violation Address: 1727 Chickadee Way Parcel Number(s): 32-22-26-119900018400 Type of Violation: FAILURE TO REMIT IRRIGATION FINE In Violation Of: Chapter 66, Section 66-221 Titled: Fine schedule Type of Violation: VIOLATION OF IRRIGATION SCHEDULE In Violation Of: Chapter 66, Section 66-220 Titled: Landscape irrigation schedule You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the continued violation of the mandatory watering restrictions put in place by ordinance and the St. Johns Water Management District. In addition, a fine of $50 for a previous violation has not yet been remitted. Compliance of This Violation will be when the fine is paid, automatic irrigation occurs only on permitted days and no future violations occur within 1 year. Please contact me at (352) 241-7304 or alaclaira@clermontfl.org when you comply. You are directed to take action immediately. By: Allen LaClair Code Enforcement Officer 9171 9690 0935 0021 2722 09 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-826 Petitioner Violation No. 1950 vs. MARIA ELENA HERNANDEZ-BORJAS, MD Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday April 17, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, Maria Elena Hernandez-Borjas, MD, P.O. Box 120373, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 9171 9690 0935 0021 2721 86) BY: Allen L Clair, Code Enforcement Officer this 30" day of March, 2012. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT 'HESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR ,HIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 9171 9690 0935 0021 2721 86 City of Clermont P.O. Box 120210, Clermont, FL 3471M219 VIOLATION NOTICE March 1, 2012 To: Maria Elena Hernandez-Borjas MD PO Box 120373 Clermont, FL 34712-0373 Violation # 1960 Certified Mail, Return Receipt Requested #: 9171 9690 0935 0015 9839 20 Property or Violation Address: 364 Chestnut St Parcel Number(s): 24-22-25-010002801401 Type of Violation: INSTALLATION OF PROHIBITED SIGN WITHOUT PERMIT In Violation Of: Section 102-6, and 102-15 Titled: Sign Permit, Permitted signs You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the installation of an improper ground sign without a permit. Compliance of This Violation will be when a sign permit is approved (by Planning & Zoning), the sign is installed IAW permitted specifications and an inspection has been performed. Please contact me at (362) 241-7304 or alaclair@clermontfl.org when you comply. You are directed to take action immediately. Failure to remedy the violation within 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board By: '/� �i� i - � 4-- Allen LaClair Code Enforcement Officer 9171 9690 0935 0015 9839 20 CODE ENFORCEMENT BOARD WORKSHOP MARCH 20, 2012 CITY HALL at 685 WEST MONTROSE STREET At 6:00 P.M. CALL TO ORDER INTRODUCTION OF NEW BOARD MEMBERS AGENDA 1. Code Enforcement Board: a. Origin, powers, limitations etc. (Chapter 162, F.S.) 2. Quasi- Judicial Boards: a. Ex-parte Communications b. Impartial Board 3. Board Procedures 4. Questions & Answers 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. �• ` �� ,� �� MI. � is 118-WIMMMAL M, i ON w A -_gin.- w f A _- min CITY OF CLERMONT CODE ENFORCEMENT BOARD SAMPLE MOTIONS If you agree that the code inspector has met its burden of proof to establish that a code violation exists the most efficient motion to make is as follows: MOTION: I move to accept staffs recommendation as presented. 11. If you do NOT think staff has met its burden of proof to establish that a code violation exists: MOTION: I move that the Board find that no violation exits and the case is dismissed. III. If you believe that the code inspector has met its burden of establishing a code violation exists but disagree with staffs recommendation as to the fine or amount of time to come into compliance: MOTION: I move that the board adopt staffs recommendation with the following changes: allow _ days to come into compliance and impose a $ fine. IV. If more information or time is required to enable a decision to be reached in the case, you could: MOTION: I move that this matter be continued until (date & time certain), to provide additional information or time to the Board on which to base its decision. FINES: The maximum fine for a first time offense is $250.00 per day. The maximum fine for a repeat offender is $500.00 per day. If the board finds the violation is irreparable or irreversible in nature the maximum fine is 5 000.00. In determining the amount of fine the Board should consider: (a) the r� avity of the offence; (b) corrective measures taken by owner (cooperative nature); and, (c) previous violations Broward County, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 1 - ADMINISTRATION >> ARTICLE XVII. - QUASI- JUDICIAL PROCEEDINGS >> ARTICLE XVII. - QUASI-JUDICIAL PROCEEDINGS Sec. 1-324. - Intent. Sec. 1-325. - Applicability. Sec. 1-326. - Definitions. Sec. 1-327. - Ex-parte communication. Sec. 1-328. - General procedures. Sec. 1-329. - Order of the proceeding. Sec. 1-330. - Evidence. Sec. 1-331. - Cross-examination. Sec. 1-332. - Continuances and deferrals. Sec. 1-333. - Judicial notice. Sec. 1-334. - Basis of decision. Sec. 1-335. - Supplementing the record. Sec. 1-335.1. - Record of the quasi-judicial proceeding. Sec. 1-335.2. - Appeals. Sec. 1-324. - Intent.l The intent of this article is to establish procedures to ensure Procedural due process and maintain citizen access to the local government decision -making process relating to the approval of development orders (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 1997-34, § 1, 9-9-97; Ord. No. 2000-13, § 1.01, 4-11-00) Sec. 1-325. - Applicability. Except as may otherwise be provided by statute or ordinance, these procedures shall apply to all actions taken by the board regarding development orders, as defined in Chapter 5, Article IX, Broward County Land Development Codej (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 1997-34, § 1, 9-9-97; Ord. No. 2000-13, § 1.02, 4-11-00) Sec. 1-326. - Definitions. (a) Ob (c) (d) (e) (f) (g) �h) Application shall mean an application for a development permit as defined in Chapter 5, Article IX, Broward County Land Development Code] Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property which is subject to the proceeding. Board shall mean the Broward County Board of County Commissioners. Commissioner shall mean a Broward County Board of County Commissioners board member. Development permits shall have the meaning set forth within Cha to 5, Article IX, Broward County Land Development Code. Ex-parte communication shall mean any written, oral, or graphic mmunication with a Commissioner which may directly or indirectly L--atelto or which could influence the disposition of an application, 'other than those made on the record during a quasi-judicial hearing. Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. Participants may qualify as experts under certain circumstances in accordance with the Florida Evidence Code. Land use plan shall mean the Broward County Land Use Plan, the future land use element for all of Broward County adopted by the Broward County Board of County Commissioners in conformance with the requirements of the Broward County Charter and the Local Government Comprehensive Planning and Land Development Regulation Act and/or the Future Unincorporated Area Land Use Plan. Material fact shall mean a fact that bears a logical relationship t noop e or more issues raised by the application or the laws and re ulations pertaining to the matter requested by the application] G) (k) Participants shall mean members of the general public, includin representatives of units of local governments and governmental agencies, but excluding the applicant and persons qualified as experts, who offer sworn or unsworn testimony at a quasi-judicial hearing for the purpose of being heard on an application. Party shall mean the applicant and Broward County.'' Quasi-judicial proceeding shall mean a hearing held by the board to adjudicate the private rights of an applicant by means of a hearing w� hich comports with due process requirements. Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the application. ,Staff shall mean Broward County staff members charged with het responsibility of reviewing the application or enforcing the board's decision on the application for development orders and development permits. Witness shall mean any person who testifies under oath. (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 1997-02, § 1, 1-14-97, Ord. Noj 2000-13, § 1.03, 4-11-00; Ord. No. 2009-19, § 1, 4-14-09) Sec. 1-327. - Ex-parte communication. (a) Authority. This section incorporates § 286.0115, F.S., as amended, which authorizes a County to establish a process for disclosure of ex parte communication with public officials in order to remove the' presumption of pr9juOice. (b) Access permitted. Any commissioner may choose to discuss the merits of any matter on which action may be taken by the board with any person not otherwise prohibited by statute, charter provision, o ordinance if the commissioner complies with the following procedures. (c) Disclosure procedures. Compliance with the following procedures shall remove the presumption of prejudice arising from ex-parte communication with any commissioner: (1) (2) (3). Oral communications. The substance of any oral ex-parte communication with a commissioner which relates to a quasi- judicial action pending before the board is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group, or entity with whom the communication took place is disclosed and made a part of the record before final action on the matter. At the quasi-judicial hearing the person or persons responsible for the ex-parte communication, any party to the hearing and any participant shall have the opportunity to contest the accuracy of the matters disclosed. Written communications. Any written communication which relates to a quasi-judicial action pending before the board is not presumed prejudicial to the action if such written communication is forwarded to the appropriate staff for inclusion in the official file, is included in the back-up for the quasi-judicial hearing and is disclosed on the record before final action on the matter. It shall be the responsibility of the; applicant to review the official file periodically to determine whether written ex-parte communications have been placed in the official file. Investigations and site visits. Commissioners may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence of the investigations, site visit, or expert opinion is; made a part of the record before final action on the matter. (d) Disclosure. Disclosures must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex-parte communication are given a reasonable opportunity to refute or respond to the communication. Ord. No. 95-55, § 1, 12-12-95) Sec. 1-328. - General procedures. (a) Development permits (except zoning permits). (1) (2) (3) (4) C(b) All applications for development permits (except zoning permits) which are required to be approved by the board shall be placed on the board's Quasi-judicial Consent Agenda. If an application is not removed from the Quasi-judicial Consent Agenda, the board shall vote on the Quasi-judicial Consent Agenda based upon the materials in the agenda report(s). All applicants shall sign a notarized statement that the applicant concurs with the staff report and recommendation. The applicant, any commissioner, or any member of the public may request that an application for a development permit be removed from the Quasi-judicial Consent Agenda and, except as otherwise provided in subsection (3) below, such item shall be continued and shall be scheduled on the Quasi-judicial Regular (non -consent) Agenda two weeks from the date it was removed from the Quasi-judicial Consent Agenda or, if there is no County Commission meeting scheduled in two weeks, the next meeting of the County Commission after the two -week period. Any additional deferrals shall be in accordance with the] provisions contained herein and the Broward County Land Development Code The applicant may request that the board listen to testimony and receive documentary evidence at the meeting at which the application is removed from the Quasi-judicial Consent Agenda. All applications for development permits which are placed on a Quasi-judicial Regular (non -consent) Agenda shall be heard pursuant to and in accordance with the procedures set forth below. Zoning permits shall be scheduled on a Quasi-judicial Regular (non - consent) Agenda and shall follow the procedures set forth below. [(c) (d) (e) 2 (g) (h) Quasi-judicial proceedings shall be conducted in an informal manner. (Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross examine opposing witnesses on any relevant matter, and to rebut evidence. Staff shall have the responsibility of presenting the case on behalf of Broward County. Notice and scheduling requirements for quasi-judicial hearings held before the board shall be provided in accordance with applicable state; law and County ordinances. Official file. (1) 0 (3) All written communication received by commissioners, their aides or staff concerning an application, the commission Agenda Report, any petitions or other submissions from the public, and all other documentUertaining to the application; shall be kept in the official file maintained by staff. he official file will be made available for public inspection upon request at any time during normal business hours. The staff report on the application shall be sent to the board and shall be made a part of the agenda back-up and the official ile. Time limits for presentations. At the discretion of the Mayor, time limits may be changed for any particular hearing. it [Staff: Up to thirty (30) minutes F) HI Applicant: Up to thirty (30) minutes FParticipants: Members of the public: Uoree (3) minutes each (4) Speakers representing an organization or a group in lattendance at the meeting: Up to five (5) minutes each Expert witnesses: Up to ten (10) minutes �No speaker may give time to apy other speaker, however, at the discretion of the Mayor the time allowed for any testimony may be extended. (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 97-02, § 1, 1-14-97; Ord. No. 2000-13, § 1.04, 4-11-00; Ord. No. 2009-16, § 1, 3-24-09) Sec. 1-329. - Order of the proceeding. To the extent possible, the following shall be the order of th ;proceeding: (a) A preliminary statement shall be read once at the beginning of, the quasi-judicial hearing portion of the agenda outION the procedure which shall be followed.; HM The applicant, staff, and all witnesses requesting to speak sha_II be collectively sworn, excluding attorneys licensed to pr'a law in the State of Florida, unless they intend to present testimony. Participants requesting to speak will not be required, but may, at their option, be sworn as witnesses, and will not be required to be qualified as expert witnesses. Participants who are not sworn will only be subject to cross- lexamination by the board. The board shall not assign unsworn testimony the same_ weight or credibility as sworn testimony in its deliberations. �� In an evidentiary hearing, staff shall resent a brief synopsis o� the nature of the application, introduce any additional exhibits which are not already included in the agenda back-up, summarize issues, and make a recommendation. 1 e applicant shall make a presentation, including any ,witnesses the applicant may wish to call.; 12 Participants in support of the application shall make their presentation. Participants claiming to represent a group, organization, unit of local government or governmental agency must indicate the participant's authority to act as a representative for the group, organization or agency. ko he resentation of the case in chief for the application will hen be considered closed, except for rebuttal as hereinafter provided. VIRT Participants in opposition to the application shall make their presentation. M The presentation of the case in opposition to the application ill then be considered_ closed, except for rebuttal as hereinafter provided. After each person testifies and/or documents are made part of the record, the applicant, staff or any commissioner may crossi examine the witness, except that participants providing unsworn testimony may only be cross-examined by the board. Rebuttal by staff, if requested. (k) Rebuttal by applicant, if requested. At this time the applicant may only rebut statements made by the participants and/or staff in opposition to the application. LWA The Mayor may choose to allow participants to respond to the applicant's rebuttal if the Mayor deems the response to be necessaryto ensure fairness and due process. The response must be limited to issues addressed in the applicant's rebuttal. No new issues may be raised at this time. The Mayor, in the interest of fairness and due process, may allow further responses, but the responses must be limited to issues addressed by the previous speaker. No new issues may be raised at this time. iq 3 No further evidence will be accepted. Final argument by applicant and then staff. In final argument, the applicant and staff may refer only to facts which were admitted into evidence. Argument that refers to facts not in vidence will be disregarded b ty he board) t the discretion of the board, the applicant may be ermitted o respond to final staff recommendations., `Board shall deliberate on the application. No further_ presentations or testimony shall be permitted, and commissioners shall not ask further questions of persons resenting testimony. The board shall discuss the evidence which was presented at the quasi-judicial hearing and vote on he application. Although the board shall not be required to make findings of fact and conclusions of law, the board must ensure that there is competent substantial evidence in the record to support its decision. (Ord. No. 95-55,_L1, 12-12-95; Ord. No. 1997-02, § 1, 1-14-97; Ord. No. 2000-13, § 1.05, 4-11-00; Ord. No. 2009-16, § 1, 3-24-09) L ec. 1-330. - Evidence. The board shall not be bound by the strict rules of evidence, or limited o consideration of evidence which would be admissible in a court of TawT (b) The board may exclude evidence or testimony which is not releit, material, or competent, or testimony which is undulyrepetitious defamatory. The board will determine the relevant oy f evidence. (d), Matters relating to an application's consistency with the Broward County Land Use Plan, a Certified Land Use Plan or the Broward County Land Development Code will be presumed to be relevant and material. U Hearsay evidence may be used for the purpose of supplementi*:o� explaining other evidence, but it shall not be sufficient by itself to, support a finding unless it would be admissible over objection in a' court. Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, the applicant and staff shall be given an opportunity to compare the copy with the original. he office of the county attorney shall represent the board and advise, the board as to the procedures to be followed and the propriety and admissibility of evidence presented at the proceeding. (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 1997-02, § 1, 1-14-97) tec. 1-331. - Cross-examination. (a) Only the applicant, staff and the board shall be entitled to conduct cross-examination when sworn testimony is given or documents are made a part of the record. Only the board shall be entitled to conduct ,cross-examination of participants providing unsworn testimony. The board shall not assign unsworn testimony the same weight on credibility as sworn testimony in its deliberations. he applicant, staff and all witnesses providing sworn testimony are subject to cross-examination during the hearing. (c) Participants, who choose not to be sworn as witnesses, shall not eb subject to cross-examination, except from the board as stated in subsection a above. a A participant or a witness may not question any person. However, a articipant or a witness may request that the board ask questions of a fitness. The board may or may not choose to ask the witness any questions request d by a participant. O The scope of the cross-examination shall be limited to the facts alleged by the applicant, staff or witnesses in relation to the application. 19 The Mayor may direct the party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates,, or embarrasses the individual being cross-examined. (9) The Mayor may direct the party conducting the cross-examination t stop a particular line of questioning that is not relevant and that is beyond the scope of the facts alleged by the individual being cross- examined. If the party conducting the cross-examination continuously violates directions from the Mayor to end a line of questioning deemed irrelevant and merely designed to harass, intimidate, or embarrass; the individual, the Mayor may terminate the cross-examination. (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 1997-02, § 1, 1-14-97; Ord. No. 2000-13, § 1.06, 4-11-00; Ord. No. 2009-16, § 1, 3-24-09) Sec. 1-332. - Continuances and deferrals) If, in the opinion of the board, any testimony or documents. U� evidence or information presented at the hearing justifies allowing additional research ,or review in order to properly determine the issue presented, the board sh" continue the hearing to a time certain to allow for such research or review. The time limitations set forth within the Broward County Land Development P Code may be extended for up to two (2) weeks by the board or, if there is no County Commission meeting scheduled in two weeks, to the nex't—meeting o the County Commission after the two -week period (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 2000-13, § 1.07, 4-11-00; Ord. No. 2009-16, § 1, 3-24-09) )Sec. 1-333. - Judicial notice. The board shall take judicial notice of all state and local laws ordinances and regulations and may take judicial notice of such other 'matters as are generally recognized by the courts of the State of Florida. i(Ord. No. 95-55, § 1, 12-12-95) Sec. 1-334. - Basis of decision. All decisions by the board shall be based on the evidence presented [to the board at the quasiJudicial hearing on the application, which shalf' linclude the materials in the agenda back-up, testimony of all witnesses and participants, any documentary and demonstrative evidence, and visual aids Y resented. Each Commissioner shall weigh all the competent material and relevant evidence presented, giving each piece of evidence the weight the Commissioner sees fit. (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 2009-16, 1, 3-24-09 Sec. 1-335. -Supplementing the record. ISupplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the board under the following conditions (a) bb 0 (d) (e) kq After a quasi-judicial hearing is continued but prior to final action beingtake aken. If a question is raised by the board at the hearing to which an answer is not available at the hearing, the party to whom the question is directed may submit the requested information in citing to the board after the quasi-judicial hearing, provided he hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken 1by the board. he board will specifically identify the question to which a response is required. No additional information will be. accepted. The supplemental information must be filed with staff reasonable time before the continued or next scheduled earin . If the requested material is received from someone other than the applicant, staff will notify the applicant that the supplemental information has been received. If time allows, staff will mail a copy of the supplemental information to th applicant. Staff will notify those participants to the hearing who ha j indicated on the record that they wish to be notified of the; receipt of the supplemental information. (Ord. No. 95-55, § 1, 12-12-95) Sec. 1-335.1. - Record of the quasi-judicial proceeding. a Quasi-judicial proceedings shall be preserved by tame recording ors other device. The official record of the proceeding shall be the minutes as approved_py the board and the evidence received, unl s a verbatim transcript is made. If the proceeding is transcribed, the transcript shall become the official record of the proceeding. Any person may request that all or part of the transcript of the proceeding be transcribed into verbatim form. In such case, the person requesting the transcript shall be responsible for the cost of production of the transcript. (b) All evidence admitted at the hearing shall be maintained by the Broward County Records, Taxes, and Treasury Division or shall be' placed in the official file as directed by the board. The official file shall be kept in the custody of the appropriate staff at all times during the pendency of the application. The official file and the record of the proceeding will be made available to the public for inspection upon request at any time during normal business hours. Ord. No. 95-55, § 1, 12-12-95; Ord. No. 2000-13, §1.08, 4-11-00; Ord. No. 2010-10, § 3, 2-23-10) Sec. 1-335.2. - Appeals. _ iAn appeal from a decision of the Board of County Commissione shall be by Petition for Writ of Certiorari to the Circuit Court of the Seventeenth Judicial Circuit within thirty (30) days of the date a final order i rendered by the board.. (Ord. No. 95-55, § 1, 12-12-95; Ord. No. 2009-16, § 1, 3-24-09)