05-17-2011 Regular Meeting (Supporting Documents)CODE ENFORCEMENT BOARD MEETING
MAY 17, 2011
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 APRIL 19, 2011
OPENING STATEMENT AND SWEARING IN WITNESSES
AGENDA
OTHER BUSINESS
CASE NO. 09-504 M n� �a �4Clermont Motor Lodge
First National Bank of Mount Dora Trustee
1320 Highway 50
lermont, FL 34711
VIOLATION: IPMC Chapter 4 Sections 1 9
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NEW BUSINESS
CASE NO. 11-72Verde Ridge Homeowners Association, Inc.
A--t, vz,2 HOA common area located at Dagama Dr. &
Balboa Blvd.
Clermont, FL 34711
VIOLATION: IPMC - Chapter 122 Sections 122-344
Expired Permit for Swimming Pool & Electrical
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CASE NO. 11-724 Vow Verde Ridge Homeowners Association, Inc.
8L(;b n �G j HOA common area located at Dagama Dr. &
Balboa Blvd.
Clermont, FL 34711
VIOLATION: IPMC - Chapter 122 Sections 122-344
Expired Permit for Electrical/Low Voltage
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CODE ENFORCEMENT BOARD MEETING
MAY 17, 2011
CITY HALL at 685 WEST MONTROSE STREET
At 7:00 P.M.
CASE NO. 11-725 Ramlahkhan Singh
699 Highway 27
Clermont, FI 34711
VIOLATION: Chapter 102, Section 102-3 (b)(3)(g)
Abandoned Sign, Np Tenant Exists on Site
Chapter 102, Sectio-ry 1,02-24 (a)(b)(5)(8)
Nonconforming Sign, No Tenant Exists on Site
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CASE NO. 11-726 �j�-p ohamed Nasim Jr.
817 Glenford Dr.
Clermont, FL 34711
VIOLATION: P"4,rCALA `� � 1 Chapter 118, Sections 118-35
Destruction of a Tree
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CASE NO
. 11-728
IL a -uv, Gv
VIOLATION: Chapter 102, Section 102-3 (b)(3)(g)
Abandoned Sign, No Tenant Exists on Site
Chapter 102, Section 102-24 (a)(b)(5)(8)
Nonconforming Sign, No Tenant Exists on Site
V')" J a�
ADJOURN
Daniel J Pool Sr. & John B Carroll
821 W. Minneola St.
Clermont, FL 34711
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.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
April 19, 2011
The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 19, 2011 at
7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Les Booker, Alfred Mannella,
and Ed Carver. Also attending were Curt Henschel, City Planner, Suzanne O'Shea, Code Enforcement
Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney and Rae
Chidlow, Administrative Assistant.
The Pledge of Allegiance was recited.
The minutes from the Code Enforcement Board meeting of February 15, 2011 were approved.
Code Enforcement Chairman Jim Purvis read the Opening Remarks.
Code Enforcement Officer Suzanne O'Shea, along with any of the public who may testify, was sworn
in.
Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney.
City Attorney Dan Mantzaris stated that Case No. 11-720 has complied and will not be heard.
CASE NO. 11-709
Joel & Connie A. Casimiro
612 W. Minneola Avenue
Clermont, FL 34711
LOCATION OF VIOLATION: 612 W. Minneola Avenue, Clermont, FL 34711
VIOLATION: Chapter 122, Section 122-344; Expired Permit — Pool, Spa and Deck
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea 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 expired permit. Permit #200801856, expired 10/19/09. Compliance of this violation will be
when the permit fee has been paid ($270.00), letter from engineer stating that all work is to code, and the
reinspection has been scheduled.
Board member Forte asked if the time requested for compliance is reasonable amount of time for the
home owner to hire a contractor.
Ms. O'Shea stated that is a reasonable amount of time.
Chairman Purvis asked if the permit was pulled by a contractor or by the home owner.
CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
April 19, 2011
Ms. O'Shea stated that the home owner pulled the permit.
Connie Casimiro stated that she needs an extension due to the fact that they need to come up with the
money to hire an engineer to write a letter of approval for the pool, spa and deck.
Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $250
per day for every day in violation starting on May 17, 2011; seconded by Ed Carver. The vote was
unanimous in favor of finding the Respondent in violation and in favor of the time period and the
amount of the fine.
CASE NO. 11-712
Tower Medical Center
210 N. Highway 27
Clermont, FL 34711
LOCATION OF VIOLATION: 210 N. Highway 27, Clermont, FL 34711
VIOLATION: Chapter 118 Sections 118-35; Severe Pruning of Trees
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: This notice is to
address the violation of city code which has occurred on your property. Trees have been severely
trimmed, well beyond what is considered to be acceptable maintenance standards, and can therefore be
considered a violation of city code. Trees should be allowed to grow naturally, in the manner to which
they are intended. Canopy trees (oaks and elms) should not be shaped, nor should they be cut to
improve visibility to the property. Prior warning given on January 25, 2010, and received by certified
mail. Compliance of this violation will be when a tree removal permit is submitted with all fees paid.
Twenty seven preferred canopy trees and two understory trees are to be replaced in lieu of the trees that
were affected. (21 Live oaks, six American Elms, and two crape myrtles). The canopy trees must
individually meet at least the following criteria: 65 gallon, 12 to 14 feet in height in overall height
immediately after planting, 6 to 8 foot spread, 3 to 3 'h caliper, FL Grade 1 or better, understory trees
shall be a minimum of 8 feet in overall height immediately after planting, 4 foot spread. The trees must
be replaced in close proximity to the affected trees.
Board member Booker asked if the warning issued pertained to the pruning of the trees.
Ms. O'Shea stated that yes a courtesy notice was sent warning him about the severe pruning and the
letter was received by certified mail.
David Allyn, 1976 Brantley Circle, stated that his landscaper mistakenly over trimmed the trees. He
acknowledges that the trees were over trimmed, but not severely trimmed. He stated that the city's code
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CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
April 19, 2011
results in the wrong tree in the wrong place. He agrees that the Crape Myrtles should be replaced,
however the existing 27 canopy trees be restored to normal through remedial pruning, or more
appropriately they can be replaced with smaller trees that follow the standard principals of the right tree
for the right place in the established national standards. He stated that pruning adequately could put
good structure back into these trees.
Board member Booker asked why he allowed someone to trim the trees to this extent again after being
warned by the City.
Mr. Allyn stated that he had asked his landscaper to trim the lower branches due to the fact that they
were hitting people walking down the sidewalk. He stated that they had new workers and when he
returned the trees were loll popped and trimmed to a greater extent than he thought they would be. He
stated that he was in the process of hiring a new landscaper.
Board member Forte stated that the site plan was agreed to by the City and property owner during site
review.
Board member Booker stated that no one listed in the presentation are here to testify.
Code Enforcement Attorney Valerie Fuchs stated that it is up to the Board to determine how much
weight they want to give the evidence.
City Attorney Dan Mantzaris stated that the Respondent in his own presentation stated that the trees
were severely pruned. He stated that the issue is what's going to happen next to correct the violation.
He stated that a landscape architect works with these projects with the main goal of attracting patients to
his facility and they decide on the landscaping. He stated that their decision is only regulated by certain
choices within city's code. He stated the right tree in the right place does not fall in the negligence of
the city. He stated that it's the decision of the developer or the landscape architect of this project.
Board member Carter stated that it sounds like they hired someone who did not know how to prune
trees.
Chairman Purvis asked if the Respondent was involved in the process of the development of the
property.
Mr. Allyn stated that he is the owner of the property. He stated that he was involved from the beginning
of development. Mr. Allyn stated that he was not there when the trees were trimmed and with
subcontractors, if they are not watched at all times they do what they want. He stated that he requests
City of Clermont to obtain a certified arborist to review the situation. He stated that if he plants new
trees, it's going to take 2 or 3 years for the trees to grow. He stated that the established trees are
healthier than planting new trees.
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CODE ENFORCEMENT BOARD
April 19, 2011
Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $250
per day for every day in violation starting on July 19, 2011. The motion fails due to lack of second.
Chairman Purvis past the gavel to Les Booker.
Jim Purvis made a motion to find the Respondent in violation of the cited City code with a fine o $250
per day for every day in violation startink on August 16, 2011; seconded by Ed Carver. The vote was 3-
2 in favor of findinjz the Respondent in violation and in favor of the time period and the amount of the
fine, with Board members Forte and Mannella opposing
CASE NO. 11-715
James H. Gano
1210 101h Street
Clermont, FL 34711
LOCATION OF VIOLATION: 1210 101h Street, Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-95; Unlawful Storage in Residential Areas
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea 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 inoperable, unregistered silver Ford Mustang that is in the backyard of the residence.
Compliance of this violation will be when the vehicle has been registered, tagged, and made operable or
permanently removed from the property.
James Gano, 8413 N. Armenia, Tampa, stated that he was representing his father. He stated that the
mustang actually belongs to him. He stated that his father was in the process of working on the car. He
stated that the guy that lives behind his father is the gentleman doing work to the car. He stated that the
only thing wrong with the vehicle is the windows. He stated that he would like six to eight weeks to
decide what he is doing with the car.
Ed Carver made a motion to find the Respondent in violation of the cited City code with a ane of $150
per day for every day in violation starting on June 21, 2011; seconded by Les Booker. The vote was
unanimous in favor of finding the Respondent in violation and in favor of the time period and the
amount offine.
CASE NO. 11-722
Jivamati Harris ET AL
935 Princeton Drive
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
April 19, 2011
Clermont, FL 34711
LOCATION OF VIOLATION: 935 Princeton Drive, Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.8); Unlawful Storage in Residential Areas
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea 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 vehicle(s) that have been observed in the driveway without a proper vehicle tag. The
Transporter tag (G2865G) that has been placed on various vehicles is registered to Speedy Auto
Detailing, and is not authorized for personal use. Compliance of this violation will be when all vehicles
on property are legally tagged/registered, or permanently removed from the property.
Board member Booker asked about the transporter license plates.
City Attorney Dan Mantzaris read Florida Statute 320.133 explaining the purpose of transporter license
plates.
Mr. Harris, 947 Princeton Drive, stated that the address sited is not the correct address. He stated that
the letter is accusing them of operating a business; however they are not operating a business. The tenant
is parking different vehicles in his driveway with the same license plate. He stated that he does not have
a problem with what his tenant is doing, but his neighbor does.
Charles Wright, 917 Carnell, stated that he is the President of the Home Owner's Association. He stated
that he has received complaints about this case. He stated that they have statute in their covenants
stating that home owner's are not allowed to operate businesses from their homes. He stated that they
have contacted the home owner about the violation and after several contacts with the home owners with
no results; they decided to contact Code Enforcement.
Gary Spooner, 911 Princeton Drive, stated that he has witnessed for the past four or five months,
unlicensed vehicles being brought to this property. He stated that the person who is operating a detail
business also transports these vehicles without license plates on them. He stated that this evening at
6:30 pm there was a purple Honda 2-door sedan in the driveway without a license plate. He stated that
this happens to be the first home as you enter the community which affects the rest of the community.
He stated that he has taken pictures and has been classified as a harasser. He stated that it is the
landlord's responsibility to stop his tenant from doing what he is not supposed to be doing.
Mr. Harris stated that he and his wife are not the ones conducting a business from this home.
Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $250
per occurrence of violation starting on April 22, 2011; seconded by Ed Carver. The vote was 4-1 in
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CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
April 19, 2011
favor of finding, the Respondent in violation and in favor of the time period and the amount of the fine
with Board member Forte opposing
CASE NO. 11-714
Smokey Valley Stone Company
515 Highway 27
Clermont, FL 34711
LOCATION OF VIOLATION: 515 Highway 27, Clermont, FL 34711
VIOLATION: IPMC Chapter 34 Sections 34-61 (1) Unlawful Maintenance of Nuisances - Weeds
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby
notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances
due to the following conditions that exist on the property: Excessive overgrowth of tall grass and weeds
inside and outside of the fence. Compliance of this violation will be when the following conditions are
met: The property is cleaned of all weeds, grass, and excess vegetation, uniformly trimmed and mowed
to the curbs of both streets, with all clippings removed from the property.
Robert Parcells, 13549 Oak Knoll Road, stated that the grass got higher than it should have. He stated
that once she contacted him, he took care of the property.
Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine of $250.
The motion fails due to lack of a second.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of
$100: seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation
and the amount of the fine.
CASE NO. 11-711
Lola Mae Chandler & Nadelynn Chandler Young
833 Scott Street
Clermont, FL 34711
LOCATION OF VIOLATION: 833 Scott Street, Clermont, FL 34711
VIOLATION: IPMC Chapter 14 Sections 14-9 (109.1, 108.1.1, 108.1.3, 110.1) Unsafe Structure
City Attorney Dan Mantzaris introduced the case.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
April 19, 2011
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby
notified that you are in violation of the referenced sections of the International Property Maintenance
Code, City of Clermont Code of Ordinances, due to the following: The building is unsafe, and poses a
threat to the health, safety, and welfare of anyone who enters the residence. The roof appears unstable
and has collapsed in the rear. (Section 109.1 Imminent Danger)(Section 108.1.1 Unsafe Structure)
(Section 108.1.3 Structure Unfit for Human Occupancy)(Section 110.1 General) Compliance of this
violation will be when one of the following conditions is met: A demolition permit is obtained at the
City of Clermont Planning & Zoning department (contact Marivon at (352) 241-7310 with questions
regarding application). Complete demolition of the building in its entirety with complete removal of
building debris or restore building to current code, which includes submission of all permit fees,
building applications, etc.
Nadelynn Young, 312 Brimming Lake Rd., Minneola, stated that at this time she would like to save the
structure. She stated that she would need to hire an engineer to see if the structure can be rebuilt.
Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250
per day for every day in violation starting on June 21, 2011. The motion fails due to lack ofa second.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of
$250 per day for every day in violation starting o� n August 23, 2011. The motion fails due to lack of a
second.
Les Booker made a motion to find the Respondent in violation of the cited City code with a flne of $250
per day for every day in violation starting on June 21. 2011; seconded by lfred Mannella. The vote
was unanimous in favor of finding the Respondent in violation and in favor of the time period and the
amount of the fine.
CASE NO.11-707
Gregory Powers
520 Lake Avenue
Clermont, FL 34711
LOCATION OF VIOLATION: 520 Lake Avenue, Clermont, FL 34711
VIOLATION: IPMC Chapter 14 Sections 14-9 (307.1) Exterior Property Maintenance
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby
notified that you are in violation of the referenced sections of the International Property Maintenance
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CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
April 19, 2011
Code, City of Clermont Code of Ordinances, due to the following: There is a large amount of furniture
and miscellaneous items piled in the front yard. (Sec 307.1 -Accumulation of Rubbish or Garbage)
Action Required to Correct Violations: Remove all items from the front yard and store in an appropriate
location. (If these items are for the purpose of a garage sale, garage sales are limited to two per year, for
duration of two days. Items must be not be stored in the front yard for longer than the duration of the
sale)
Ken Forte made a motion to find the Respondent in violation of the cited City code with a,fine o $ISO
per day for every day in violation starting on May 17. 2011: seconded by Alfred Mannella. The vote
was unanimous in,favor of flndin-a the Respondent in violation and in favor of the time period and the
amount of the, ne.
CASE NO.11-710
Eagle FL I SPE LLC
NW corner of Brogden and Highway 27
Clermont, FL 34711
LOCATION OF VIOLATION: NW corner of Brogden and Highway 27, Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-61 (1); Unlawful Maintenance of Nuisances - Weeds
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea 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 property currently being overgrown with tall grass and weeds, in excess of 18 inches.
Additionally, the sidewalk and curbing are overgrown with grass/weeds. Compliance of this violation
will be when the premises have been returned to a condition met with custom and usual maintenance,
clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street
right-of-way past the sidewalk to the curb.
Les Booker made a motion tofind the Respondent in violation of the cited City code with a fine o $1 SO
per day for every day in violation starting on May 17, 2011: seconded by Ken Forte. The vote was
unanimous in favor of finding the Respondent in violation and in favor of the time period and the
amount of the j ne.
CASE NO.11-713
Wayne Thomas
214 2" d Street
Clermont, FL 34711
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
April 19, 2011
LOCATION OF VIOLATION: 214 2nd Street, Clermont, FL 34711
VIOLATION: IPMC Chapter 14 Sections 14-9 (704.1) Fire Prevention
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby
notified that you are in violation of the referenced sections of the International Property Maintenance
Code, City of Clermont Code of Ordinances, due to the following: Section 704.1 General- Fire
Protection Fire protection is inadequate and needs to be completed to the specifications of the attached
documentation, completed by Fire Inspector Allen LaClair. She stated the property is in compliance.
Ken Forte made a motion to find the Respondent in violation of the cited City code with no fine:
seconded by Ed Carver. The vote was unanimous in favor o, ndingthe Respondent in violation and in
favor of the time period and the amount of the fine.
CASE NO.11-718
Dwayne H. & Rhonda M. Gregoire
1248 Shorecrest Circle
Clermont, FL 34711
LOCATION OF VIOLATION: 1248 Shorecrest Circle, Clermont, FL 34711
VIOLATION: Chapter 122 Sections 122-344 Expired Permit for Swimming Pool & Spa
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea 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 permit for the swimming pool & spa that has expired. (Permit #200800859, expired
4/26/2010) Compliance of this violation will be when the renewal fee has been paid to the City of
Clermont Building Department, and a final inspection has been scheduled. (Marivon at Building
Department (352) 394-4083 Ext 310)
Les Booker made a motion to find the Respondent in violation of the cited City code with a flne of $250
per day for every day in violation starting on May 17. 2011: seconded by Alfred Mannella. The vote
was unanimous in favor of findin the Respondent in violation and in favor of the time period and the
amount of the, ine.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
April 19, 2011
CASE NO.11-719
Floyd Forbes
1050 W. Highway 50
Clermont, FL 34711
LOCATION OF VIOLATION: 1050 W. Highway 50, Clermont, FL 34711
VIOLATION: Chapter 34 Sections 34-61 (2) Unlawful Maintenance of Nuisances — Refuse
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea 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 tree limbs that have fallen onto the ground. Compliance of this violation will be when the
property has been completely cleaned of all tree debris, and it has been removed from the property.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of
$150 per day for every day in violation starting on May 17. 2011: seconded by Ken Forte. The vote was
unanimous in favor of finding the Respondent in violation and in favor of the time period and the
amount of the j ne.
CASE NO. 11-721
Juan Vasquez
1400 Block of 5 h Street
Clermont, FL 34711
LOCATION OF VIOLATION: 1400 Block of 5`h Street, Clermont, FL 34711
VIOLATION: Chapter 34 Sections 34-61 (1) Unlawful Maintenance of Nuisances — Grass & Weeds
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea 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 accumulation, which includes but is not limited to, the property currently being extremely
overgrown with tall grass and weeds. Compliance of this violation will be when the premises have been
returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess
vegetation, uniformly trimmed and mowed, including the street right-of-way to the curb, with all
clippings removed from the property.
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CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
April 19, 2011
Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine o $100
per day for every day in violation starting on May 17, 2011: seconded by Alfred Mannella. The vote
was unanimous in favor of finding the Respondent in violation and in favor of the time period and the
amount of the fine.
There being no further business, the meeting was adjourned at 10:05 p.m.
Attest:
Rae Chidlow, Code Enforcement Clerk
James Purvis, Chairman
11
TRUST & IIIVESTMEnT SERVICES
THE FIRST nRTIonRL BRnH
April 22, 2011
Ms. Suzanne O'Shea
Code Enforcement Officer
City of Clermont
685 West Montrose Street
Clermont, FL 34711
RE: Clermont Motor Lodge
1320 US Highway 27, Clermont, Florida 34714
Opal Simer Bailey Trust
Dear Suzanne:
Our bank as Trustee respectfully requests that we be put on the agenda at the May 17, 2011 City
of Clermont Code Enforcement Board meeting. The purpose of this is to request an extension to
the compliance date for the code issues on the above piece of property.
Should you need any additional information, please let me know.
Sincerely,
\%Wj
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 • fnbmd.com 9 Offices: Mount Dora/Sorrentoffri-City/Leesburg
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
March 25, 2011 Violation # 1696
To: VERDE RIDGE HOMEOWNERS ASSOCIATION INC.
5728 MAJOR BLVD. SUITE 502
ORLANDO, FL32819
Certified, Return Receipts Requested #: 7009 1680 0002 3754 6293
Property Address: HOA COMMON AREA LOCATED AT DAGAMA DR &
BALBOA BLVD., CLERMONT, FL 34711
Parcel Number: 15-22-26-2200-OOAO-0000
Type of Violation: Expired Permit for Swimming Pool and Electrical
In Violation Of: Chapter 122, Section 122-344
Titled: "General development conditions." (SEE ATTACHED COPY)
You are hereby notified that you are in violation of the referenced section of the City of
Clermont Code of Ordinances due to the following
• Expired permit for the swimming pool and no permit for an electrical review of the
swimming pool.
Permit #2006081101, expired 4/30/07
Compliance of This Violation will be when the following is completed:
0 Application is submitted and permit fee is paid for the swimming pool permit renewal.
With this application a letter is required to be submitted from a structural engineer
certifying all work is completed to code.
(Please contact the zoning department for requirements regarding submission of
permit 352 241-7300 or 352 241-7301)
• A separate electrical permit is submitted for the pool.
Please contact me at (352) 241-7309 or sosheaC&-clermontfl.ora when you comply.
You are directed to take action by Monday April 25, 2011. Failure to remedy the violation
within the allotted time will result in a hearing before the Code Enforcement Board.
By:
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-723
Petitioner Violation No. 1696
VS.
VERDE RIDGE HOMEOWNERS ASSOCIATION INC
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
TUESDAY MAY 17, 2011, 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, Verde Ridge Homeowners Association
Inc., 5728 Major Blvd. Suite 502, Orlando, FI 32819
(Certified Mail/Return Receipt Requested# 7006 0810 0001 2/15R4 7121) n
BY: ' "'`'"
A'--
Suzani,waffShoo, Code Enf rc ment Officer
this 2"d day Of y 2011.
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR
THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
May 2, 2011
To: VERDE RIDGE HOMEOWNERS ASSOCIATION INC.
5728 MAJOR BLVD. SUITE 502
ORLANDO, FL32819
Violation # 1714
Certified, Return Receipts Requested #: 7006 0810 0001 2594 7121
Property Address: HOA POOL AREA LOCATED AT DAGAMA DR &
BALBOA BLVD., CLERMONT, FL 34711
Parcel Number: 15-22-26-2200-OOAO-0000
Type of Violation: No Permit for Camera Wiring/Electrical
In Violation Of: Chapter 122, Section 122-344
Titled: "General development conditions." (SEE ATTACHED COPY)
You are hereby notified that you are in violation of the referenced section of the City of
Clermont Code of Ordinances due to the following
• No permit obtained for installation of cameras around pool area
Compliance of This Violation will be when the following is completed:
• Obtain an after -the fact low voltage permit for the work that has been completed.
Please contact me at (352) 241-7309 or soshea(cD-clermontfl.ora when you comply.
You are directed to take action by May 11, 2011. Failure to remedy the violation within the
allotted time will result in a hearing before the Code Enforcement Board.
By:
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-724
Petitioner Violation No. 1714
VS.
VERDE RIDGE HOMEOWNERS ASSOCIATION INC
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
TUESDAY MAY 179 2011, 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, Verde Ridge Homeowners Association
Inc., 5728 Major Blvd. Suite 502, Orlando, FI 32819
(Certified Mail/Return Receipt Requested# 7006 0810 0001 ?f6Q4 7121)
BY: M
Suzann O' a, Cod of cement Officer
this 2"d da of Yay 2011.
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR
THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
Sec. 122-344. General development conditions.
(a) Building permit required. It shall be unlawful for any person to initiate new uses of any
land within the corporate boundaries of the city or to erect or construct any new structures or to
move, add to, repair or modify in any way any existing structures, except by authority of permit
issued by the building inspector or planning and zoning department of the city acting as
administrative officer of the regulations contained in this land development code. The words
"planning and zoning department," as used in this land development code, shall also mean the
planning official or the designated representative thereof. All development, as defined in this
land development code, shall be required to obtain development approval (i.e., a development
permit/development order) prior to initiating development activity.
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
March 25, 2011
Violation # 1695
To: RAMLAHKHAN SINGH
18124 CORAL WOOD LN
GROVELAND, FL 34736
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 6286
Property Address: 699 N. HWY 27, CLERMONT, FL
Parcel Number: 09-22-26-0700-0340-0100
Type of Violation: ABANDONED SIGN, NO TENANT EXISTS ON SITE
In Violation Of: Chapter 102, Section 102-3 (b)(3)(g)
Titled: "ENFORCEMENT; REMOVAL OF UNLAWFUL SIGNS"
(SEE ATTACHED COPY)
Type of Violation: NONCONFORMING SIGN, NO TENANT EXISTS ON SITE
In Violation Of: Chapter 102, Section 102-24 (a)(b)(5)(8)
Titled: "NONCONFORMING SIGNS" (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 free-standing pole sign on the
property that advertises 'Golf Carts.'
Business has ceased to exist at this location for more than 30 days (final service
date- March 11, 2009.)
Compliance of This Violation will be when you have permanently removed the
unlawful and abandoned free-standing sign from the property.
You are directed to take the above action for compliance by April 25, 2011. Failure
to remedy the violation within the allotted time will result in a Notice to Appear for a
hearing before the Code Enforcement Board.
Please contact me at soshea(&-clermontfl.orci or (352) 241-7309, when you
comply.
By:
Su nne O'She
Code forcement Officer
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-725
Petitioner Violation No. 1695
VS.
RAMLAHKHAN SINGH
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 MAY 17, 2011, 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, Ramlahkhan Singh,18124 Coral Wood
Ln., Groveland, FI 34736 (Certified Mail/Return Receipt R qu sted# 7006 0810 0001 2594 7169 )
BY:
3uza`Me O*ea, Cod rjforcement Officer
this 3`d da o May 201 T.,
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR
THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
Sec. 102-3. Enforcement; removal of unlawful signs.
(a) Responsibility for enforcement. The administrative official or the established designee
thereof shall be empowered to enforce this chapter.
(b) Removal of prohibited signs.
(1) Signs on public property. Prohibited signs on public property or rights -of -way shall be
removed immediately, and may be removed by the city or its agent without notice.
(2) Temporary signs. Temporary signs which are or have become in violation of this chapter
shall be removed within 48 hours after receipt of written notification by the city.
(3) Abandoned signs. Abandoned signs shall be removed by the owner, agent or person in
charge of the premises within 30 days after receipt of written notification by the administrative
official or the established designee thereof. If the sign is not removed in a timely manner, the
code enforcement officer may refer the violation to the code enforcement board for formal
action.
(c) Removal or repair of unsafe signs. Should any sign become unsecured or in danger of
falling, or be in a disrepaired or deteriorated state so as to otherwise constitute an unsafe
condition, the owner, agent or person in legal possession of the premises shall, upon formal
notification, immediately in the case of imminent danger, or within ten days in other instances,
cause it to be removed or be placed in good repair in a manner consistent with applicable city
codes. If such notification is not complied with, the city may remove the sign at the expense of
the owner and may place a lien for the cost thereof upon the property on which the sign was
located, together with any other cost incurred by the city by filing such lien.
(d) Illegally erected signs. Where this chapter requires work to be done by a licensed
contractor and such work is not performed by a licensed contractor, the owner or lessee of the
property where such illegally erected sign is located shall either:
(1) Have the sign immediately removed; or
(2) Acquire the services of a duly licensed contractor to secure a permit for such sign and obtain
the required city inspections.
If neither of these actions is completed within ten days of written notification by the city, the
violation may be referred to the code enforcement board for formal action.
(e) Termination of unlawful illumination. Upon receipt of written notification by the city that a
sign is unlawfully illuminated in violation of this chapter, the owner or his agent or the person in
possession of the premises shall immediately terminate the prohibited illumination of such sign.
If this action is not completed within ten days of the written notification, the violation may be
referred to the code enforcement board for formal action.
(f) Signs no longer in use. Signs which advertise or identify a business, firm or similar activity
must be removed within 60 days of the date the business, firm or similar activity goes out of
business or vacates the premises. The removal of the sign shall be the responsibility of the owner
of the property upon which the sign is located. Thereafter, if this required action for removal is
not completed within ten days of written notification by the city, the violation may be referred to
the code enforcement board for formal action.
(g) Violations and penalties. Violations of this chapter, including those sections authorizing
city removal of signs or other penalties, may be referred to the code enforcement board as
prescribed by chapter 2, article V of this Code.
(Ord. No. 281-C, § 1(ch. 15, § 10), 11-8-94)
Sec. 102-23. Changeable copy signs.
Changeable copy signs shall be regulated under the following guidelines. This section shall not
include electronic message boards and the like, which are prohibited under this chapter. Such
signs shall be permitted in the following manner:
(1) A changeable copy sign shall not comprise not than 25 percent of the permitted sign area,
except as described in this section.
(2) Motor vehicle service stations and convenience stores with gasoline pumps may utilize up to
50 percent of permitted sign area for changeable prices of gasoline only.
(3) Movie theaters and other performance or entertainment facilities may utilize up to 80
percent of permitted sign area for display of names of films, plays or other performances
currently showing. Such changeable copy areas shall be included as part of the permitted sign
area.
(4) Changeable copy signs shall be prohibited for office, industrial and residential uses except
for changes in tenant listing.
(5) Use of changeable copy signs as part of permitted wall sign area is prohibited, except as
described in subsection (3).
(Ord. No. 281-C, § 1(ch. 15, § 8(G)), 11-8-94; Ord. No. 320-C, § 2, 4-26-05)
Sec. 102-24. Nonconforming signs.
(a) It is the intent of this chapter to allow nonconforming signs permitted before the adoption of
the ordinance from which this land development code is derived to continue until they are no
longer used, or become hazardous, but not to encourage their survival. Such signs are hereby
declared to be incompatible with the overall intent of this chapter. Thereafter, all such
nonconforming signs shall be deemed unlawful and prohibited and subject to the enforcement
provisions of this chapter.
(b) Subject to the limitations imposed by this chapter, a nonconforming sign use maybe
continued and shall be maintained in good condition as required by section 102-10. However, a
nonconforming sign shall not:
(1) Be structurally changed, but its pictorial content may be changed.
(2) Be structurally altered to prolong the life of a sign except to meet safety requirements.
(3) Altered in any manner that increases the degree of nonconformity.
(4) Expanded.
(5) Continued in use after cessation or change of the business, business ownership or activity to
which the sign pertains.
(6) Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50
percent of the replacement cost.
(7) Continued in use when a conforming sign or sign structure is permitted and erected on the
same premises or unit.
(8) Continued in use when any land use to which the sign pertains has ceased for a period of 30
consecutive days.
(c) The casual, temporary or illegal use of any sign shall not be sufficient to establish the
existence of a nonconforming sign or to create any rights in the continuance of such sign.
(Ord. No. 281-C, § 1(ch. 15, § 9), 11-8-94)
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
March 23, 2011
To: DANIEL J POOL SR. &
JOHN B CARROLL
PO BOX 3026
LABELLE, FL 33975-3026
Violation # 1689
Certified, Return Receipts Requested #: 7009 1680 0002 3754 6217
Property Address: 821 WEST MINNEOLA ST, CLERMONT, FL 34711
Parcel Number: 24 22 25 0100 0920 0008
Type of Violation: ABANDONED SIGN, NO TENANT EXISTS ON SITE
In Violation Of: Chapter 102, Section 102-3 (b)(3)(g)
Titled: "ENFORCEMENT; REMOVAL OF UNLAWFUL SIGNS"
(SEE ATTACHED COPY)
Type of Violation: NONCONFORMING SIGN, NO TENANT EXISTS ON SITE
In Violation Of: Chapter 102, Section 102-24 (a)(b)(5)(8)
Titled: "NONCONFORMING SIGNS" (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 free-standing, non -conforming pole sign
that remains in the parking lot on your property.
The business has ceased to exist at this location since August 2009.
Compliance of This Violation will be when you have permanently removed the
unlawful and abandoned free-standing sign from the property.
Please contact me at (352) 241-7309 or soshea(M-clermontfl.org when you comply.
You are directed to take the above action for compliance by April 25, 2011.
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 ytp n n e O'Shea
le E forcement Officer
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-728
Petitioner Violation No. 1689
VS.
DANIEL J POOL SR. &
JOHN B CARROLL
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 MAY 17TH, 2011, 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, Daniel J Pool Sr. & John B Carroll, PO
Box 3026, Labelle, FI 33975-3026 (Certified Mail/Return RFce pt Requested# 7006 0810 0001 2594 7251)
BY:
Suzanne O'S a, Code E f rcement Officer
this 6t' day of ay 2011.
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR
THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
Sec. 102-3. Enforcement; removal of unlawful signs.
(a) Responsibility for enforcement. The administrative official or the established designee
thereof shall be empowered to enforce this chapter.
(b) Removal of prohibited signs.
(1) Signs on public property. Prohibited signs on public property or rights -of -way shall be
removed immediately, and may be removed by the city or its agent without notice.
(2) Temporary signs. Temporary signs which are or have become in violation of this chapter
shall be removed within 48 hours after receipt of written notification by the city.
(3) Abandoned signs. Abandoned signs shall be removed by the owner, agent or person in
charge of the premises within 30 days after receipt of written notification by the administrative
official or the established designee thereof. If the sign is not removed in a timely manner, the
code enforcement officer may refer the violation to the code enforcement board for formal
action.
(c) Removal or repair of unsafe signs. Should any sign become unsecured or in danger of
falling, or be in a disrepaired or deteriorated state so as to otherwise constitute an unsafe
condition, the owner, agent or person in legal possession of the premises shall, upon formal
notification, immediately in the case of imminent danger, or within ten days in other instances,
cause it to be removed or be placed in good repair in a manner consistent with applicable city
codes. If such notification is not complied with, the city may remove the sign at the expense of
the owner and may place a lien for the cost thereof upon the property on which the sign was
located, together with any other cost incurred by the city by filing such lien.
(d) Illegally erected signs. Where this chapter requires work to be done by a licensed
contractor and such work is not performed by a licensed contractor, the owner or lessee of the
property where such illegally erected sign is located shall either:
(1) Have the sign immediately removed; or
(2) Acquire the services of a duly licensed contractor to secure a permit for such sign and obtain
the required city inspections.
If neither of these actions is completed within ten days of written notification by the city, the
violation may be referred to the code enforcement board for formal action.
(e) Termination of unlawful illumination. Upon receipt of written notification by the city that a
sign is unlawfully illuminated in violation of this chapter, the owner or his agent or the person in
possession of the premises shall immediately terminate the prohibited illumination of such sign.
If this action is not completed within ten days of the written notification, the violation may be
referred to the code enforcement board for formal action.
(f) Signs no longer in use. Signs which advertise or identify a business, firm or similar activity
must be removed within 60 days of the date the business, firm or similar activity goes out of
business or vacates the premises. The removal of the sign shall be the responsibility of the owner
of the property upon which the sign is located. Thereafter, if this required action for removal is
not completed within ten days of written notification by the city, the violation may be referred to
the code enforcement board for formal action.
(g) Violations and penalties. Violations of this chapter, including those sections authorizing
city removal of signs or other penalties, may be referred to the code enforcement board as
prescribed by chapter 2, article V of this Code.
(Ord. No. 281-C, § 1(ch. 15, § 10), 11-8-94)
Sec. 102-23. Changeable copy signs.
Changeable copy signs shall be regulated under the following guidelines. This section shall not
include electronic message boards and the like, which are prohibited under this chapter. Such
signs shall be permitted in the following manner:
(1) A changeable copy sign shall not comprise not than 25 percent of the permitted sign area,
except as described in this section.
(2) Motor vehicle service stations and convenience stores with gasoline pumps may utilize up to
50 percent of permitted sign area for changeable prices of gasoline only.
(3) Movie theaters and other performance or entertainment facilities may utilize up to 80
percent of permitted sign area for display of names of films, plays or other performances
currently showing. Such changeable copy areas shall be included as part of the permitted sign
area.
(4) Changeable copy signs shall be prohibited for office, industrial and residential uses except
for changes in tenant listing.
(5) Use of changeable copy signs as part of permitted wall sign area is prohibited, except as
described in subsection (3).
(Ord. No. 281-C, § 1(ch. 15, § 8(G)), 11-8-94; Ord. No. 320-C, § 2, 4-26-05)
Sec. 102-24. Nonconforming signs.
(a It is the intent of this chapter to allow nonconforming signs permitted before the adoption of
the ordinance from which this land development code is derived to continue until they are no
longer used, or become hazardous, but not to encourage their survival. Such signs are hereby
declared to be incompatible with the overall intent of this chapter. Thereafter, all such
nonconforming signs shall be deemed unlawful and prohibited and subject to the enforcement
provisions of this chapter.
Subject to the limitations imposed by this chapter, a nonconforming sign use may be
continued and shall be maintained in good condition as required by section 102-10. However, a
nonconforming sign shall not:
(1) Be structurally changed, but its pictorial content may be changed.
(2) Be structurally altered to prolong the life of a sign except to meet safety requirements.
(3) Altered in any manner that increases the degree of nonconformity.
(4) Expanded.
Continued in use after cessation or change of the business, business ownership or activity to
which the sign pertains.
(6) Reestablished after damage or destruction if the estimated cost of reconstruction exceeds 50
percent of the replacement cost.
(7) Continued in use when a conforming sign or sign structure is permitted and erected on the
saae premises or unit.
ontinued in use when any land use to which the sign pertains has ceased for a period of 30
8))C0
consecutive days.
(c) The casual, temporary or illegal use of any sign shall not be sufficient to establish the
existence of a nonconforming sign or to create any rights in the continuance of such sign.
(Ord. No. 281-C, § 1(ch. 15, § 9), 11-8-94)
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
February 25, 2011
To: MOHAMED NASIM JR
920 BROADWAY UNIT 15
WOODMERE, NY 11598
Certified, Return Receipts Requested #: 7009 1680 0002 3754 5920
Violation # 1677
Property Address: 3817 GLENFORD DR, CLERMONT, FL 34711
Parcel Number: 03-23-26-1900-0000-7300
Type of Violation: DESTRUCTION OF A TREE
In Violation Of: Chapter 118, Section 118-35
Titled: "Maintenance and Pruning." (SEE ATTACHED COPY)
You are hereby notified that you are in violation of the referenced section of the City of
Clermont Code of Ordinances due to the severe trimming of one Oak tree in the front yard of
the property.
Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a
manner which will substantially reduce the overall size of the tree area so as to destroy the
existing symmetrical appearance or natural shape of the tree in a manner which results in the
removal of the main lateral branches, leaving the trunk of the tree with a stub appearance.
Compliance of This Violation will be when the following is completed in its entirety:
• One preferred canopy tree is replaced in lieu of the one that has been affected.
• The tree must individually meet at least the following criteria:
65 gallon
12 to 14 feet in height in overall height immediately after planting
6 to 8 foot spread
3 to 3 Yz caliper
FL Grade 1 or better
• The tree must be replaced in close proximity to the affected tree, and not elsewhere
on the property.
• The trees must be from the Preferred Tree list. (attached)
You are required to contact me at (352) 241-7309 or soshea(a-clermontfl.org when you
comply.
You are directed to take action by Friday March 25, 2011. Failure to remedy the violation
within the allotted time will result in a hearing before the Code Enforcement Board.
By:
izanne,ju5hea
Enforcement Officer
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-726
Petitioner Violation No. 1677
VS.
MOHAMED NASIM JR.
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 MAY 17, 2011, 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, Mohamed Nasim Jr., 920 Broadway Unit
15, Woodmere, Ny 11598 (Certified Mail/Retum Recei4"uested# 7006 0810 0pp� 2594 7084)
BY: V
Suzann Sh a, Code E f rcement Officer
this 4T" day o ay 2011.
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR
THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
Sec. 118-35. Maintenance and pruning.
(a) 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.
(b) 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 article if an approved plan is not on file with the city. The size of
replacement trees shall be as specified in section 118-113(d)(2).
(c) 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.
(d) 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.