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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 ***************************************************************************************************** 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 ***************************************************************************************************** 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 ***************************************************************************************************** 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 ***************************************************************************************************** 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 ***************************************************************************************************** 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. 2 v 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 MINUTES 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 2 CITY OF CLERMONT MINUTES 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. 3 CITY OF CLERMONT MINUTES 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 4 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 5 CITY OF CLERMONT MINUTES 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. [.1 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 7 CITY OF CLERMONT MINUTES 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 8 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. 9 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. 10 CITY OF CLERMONT MINUTES 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.