07-20-2011 Regular Meeting (Supporting Documents)CODE ENFORCEMENT BOARD MEETING
1 WEDNESDAY JULY 20, 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 JUNE 21, 2011
OPENING STATEMENT AND SWEARING IN WITNESSES
AGENDA
NEW BUSINESS
CASE NO. 11-738
-- .
Lawson L Wolfe ET AL Trust
4
450 E. Highway 50
Clermont, FL 34711
VIOLATION:
C ter 102, Section 102-8 (7)
Prohibi igns
Chapter 102, ction 102-7
Exempt signs
Qi
CASE NO. 11.739
5j=I Air\
rlorida, LLC
":'4
I
2503 S. Highway 27
(�
Clermont, FL 34711
VIOLATION:
Chapter 118 Sections 118-35
Failure to maintain landscape
/ CASE NO. 11-740 Autozone, Inc. #2426
I 591 E. Highway 50
Clermont, FL 34711
VIOLATION: ' `Q Chapter 118, Sections 118-35
Chapter 118, Sections 118-33
Failure to maintain landscape and irrigation
CASE NO. 11-741 Discount Auto Parts Inc.
` l Advance Auto Parts
` 390 E. Highway 50
r / Clermont, FI 34711
VIOLATION: l�J Chapter 118 Sections 118-35
Failure to maintain landscape
CODE ENFORCEMENT BOARD MEETING
WEDNESDAY JULY 20, 2011
CITY HALL at 685 WEST MONTROSE STREET
At 7:00 P.M.
CASE NO. 11-743 Clara M Freeman
MO-�1Y1��0. c/o James Freeman
Vacant Lot 200 block of W. Highway 50
��-- J Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.4)(302.5)(301.3)
Weeds and Grass, Dangerous Tree
CASE NO. 11-745
k4"-V4 O'�i aS
I � KI�3V3G11
William M & Renee L Banzhaf
990 W. Montrose Street
Clermont, FL 34711
VIOLA ON. Chapter 14, Section 14-9 (302.1)(302.4)
eD2 Exterior Property Maintenance
Chapter 10, Section 10-26
Chicken/J oosters
Chapter 34, SesUqon 34-95
Unlawful storage o t
CASE NO. 11-746 l ` Eagle FL I SPE LLC
Northwest corner of Brogden & Highway 27
Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-61 (1)
Weeds
ADJOURN
ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE CODE ENFORCEMENT
BOARD AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS. FOR THAT
PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF ANY PERSON
WITH A DISBILITY AS DEFINED BY THE ADA NEEDS SPECIAL ACCOMMODATION TO
PARTICIPATE IN THIS PROCEEDING, THEN NOT LATER THAN TWO (2) BUSINESS DAYS
PRIOR TO THE PROCEEDING, HE OR SHE SHOULD CONTACT THE PLANNING
DEPARTMENT AT 352-394-4083 EXT 302.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JUNE 21, 2011
The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 21, 2011 at
7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Alfred Mannella, Les Booker,
Dave Holt, and Ed Carver. Also attending were Curt Henschel, City Planner, Suzanne O'Shea, Code
Enforcement Officer, Al Freeman, Water Conservation Coordinator, Dan Mantzaris, City Attorney,
Valerie Fuchs, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant.
The Pledge of Allegiance was recited.
The minutes from the Code Enforcement Board meeting of May 17, 2011 were approved.
Code Enforcement Chairman Jim Purvis read the Opening Remarks.
Code Enforcement Officer Suzanne O'Shea and Water Conservation Coordinator Al Freeman, along
with any of the public who may testify, were sworn in.
Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney.
City Attorney Dan Mantzaris stated that Case Nos. 11-730, 11-733, and 11 -73 7 have complied and will
not be heard. He stated that Case No. 11-735 is being withdrawn.
CASE NO.11-729
Tony Oscar & Jean Baptiste Lariveau
3562 Wind River Run
Clermont, FL 34711
LOCATION OF VIOLATION: 3562 Wind River Run, Clermont, FL 34711
VIOLATION: Section 66-220
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Water Conservation Coordinator Al Freeman stated that the Respondents were issued warnings for
watering outside of their scheduled times. He stated that at the time of this violation, irrigation was
permitted once a week. He stated that on March 3, they were issued a warning ticket. He stated that on
March 10, the Respondent was watering outside of the scheduled time again. He stated that they were
issued a citation with a $50 fine, which was also mailed to them by regular mail and certified mail. He
stated that the Respondent did not receive the certified mail. He stated that the case was then turned
over to Code Enforcement Officer Suzanne O'Shea who mailed them a notice for violation that was
mailed certified mail and they did receive that mail.
Chairman Purvis asked if the Respondent is on reclaimed water.
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JUNE 21, 2011
Mr. Freeman stated that subdivision is not on the City's reclaimed water system at this time. He stated
that even if they were, they must abide by the same watering restrictions because the City does not have
enough reclaimed water to distribute.
Board member Forte asked if the picture was taken on the regularly scheduled day.
Mr. Freeman stated that the Respondent's watering day was Sunday and the photo was taken on a
Thursday.
Dave Holt made a motion to find the Respondent in violation of the cited City code with a lien o $SO to
be placed on the property: seconded by Les Booker. The vote was unanimous in favor of finding the
Respondent in violation and in favor of placing a $SO lien on the property.
CASE NO.11-731
Jennifer L. Astacio
1059 Princeton Dr.
Clermont, FL 34711
LOCATION OF VIOLATION: 1059 Princeton Dr., Clermont, FL 34711
VIOLATION: Chapter 118 Sections 118-111; Unpermitted Removal of Two Trees
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: The removal of two oak trees located in the front yard of the property. It shall be
unlawful and a violation of this division and the land development code to clear or remove a tree by any
method without first securing a permit from the city unless removal of such tree is exempted by other
provisions of this division or the land development code. For exemptions, see section 118-9.
Compliance of this violation will be when the following is completed in its entirety: Two preferred,
canopy trees are replaced in lieu of the two that have been affected. The trees must individually meet at
least the following criteria: 65 gallon, 12 to 14 feet in height immediately after planting, 6 to 8 foot
spread, 3 to 3 '/2 caliper, FL Grade 1 or better. The trees must be replaced in close proximity to the
affected trees, and not elsewhere on the property. The trees must be from the preferred tree list.
Jennifer Astacio, 1059 Princeton Dr., stated that she did remove trees without a permit. She stated that
she hired a landscaping company to remove trees because they were leaning over. She stated that she
was never informed that she needed a permit. She stated that she planted the new trees that did not meet
the size requirements on May 2, 2011 and the letter Code Enforcement Officer Suzanne O'Shea mailed
to her was dated May 2, 2011. She stated that she still was not told that she needed a permit. She stated
that if she had been told on March 26, 2011 to get a permit, she would have gotten a permit.
2
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JUNE 21, 2011
Ms. O'Shea stated that there was a lot of communication back and forth pertaining to the issue of the
debris being picked up, and being short-staffed, it's hard to get everything out in a timely manner.
Chairman Purvis stated that what is before the Board is Section 118-111, which specifically addresses
the permit and says nothing about the size of the trees.
Mr. Mantzaris stated that Ms. O'Shea was explaining the compliance measures if the Respondent
obtained a permit. He stated that the issue before the Board is that two trees were removed without a
permit.
Board member Booker stated that he can't see a violation of the city code, and he can't see making the
Respondent remove two trees that have already been planted, for trees that are maybe two feet higher.
Chairman Purvis stated that what they do need to vote on is the removal of the original trees without a
permit.
Dave Holt made a motion to find the Respondent in violation of the cited City code with a,fine of $50 per
day for every day in violation startingon 20. 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.
CASE NO. 11-736
Evelio De Hoyos & Elin Satory
553 Carroll St.
Clermont, FL 34711
LOCATION OF VIOLATION: 553 Carroll St., Clermont, FL 34711
VIOLATION: Chapter 14 Sections 14-9; Exterior Property Maintenance
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: Due to a recent storm, a tree from your property fell onto the neighbor's property.
Additional large tree limbs have fallen and remain on the ground. There is a boat bearing an expired tag
in the side yard of the property (Section 301.3 Vacant Structures and Land). There is high grass in
excess of 18 inches (Section 302.4 Weeds). A large branch has fallen on top of the shed in the rear,
causing significant damage (Section 302.7 Accessory Structures). Action required to correct violations:
Removal of the entire tree that fell onto neighbor's front yard. Removal of all broken tree limbs, and
removal of boat bearing an expired tag (Oct. 1992). Trim grass and weeds so they do not exceed 18
inches. Removal of the shed.
3
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JUNE 21, 2011
Mr. De Hoyos, 1000 Old England Ave., Winter Park, stated that he disagrees with Ms. O'Shea and that
the items have all been corrected.
Ms. O'Shea stated that some areas have been cleared and it does look better, but not everything has been
cleared, and it does not meet compliance.
Board member Les Booker asked if the property can be brought into compliance within a reasonable
period of time.
Mr. De Hoyos stated that the shed has damage to its roof; however he feels he can patch the roof. He
stated that the shed is back 175 feet and is not seen by the public.
Chairman Purvis stated that whether he patches it, repairs it or removes it, he will need a permit to do
that, and the shed will have to be brought into compliance.
Ken Forte made a motion to find the Respondent in violation of the cited City code with a fine o $250
per day for everyday in violation starting on August 16, 2011. The vote failed due to lack o a second.
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 July 20, 2011; seconded by Ed Carver. The vote was 4-2
in favor of ndinQ the Respondent in violation and in favor of the time period and the amount of the fine
with Board members Mannella and Forte opposing.
CASE NO.11-732
Deodat Guman
428 Chestnut St.
Clermont, FL 34711
LOCATION OF VIOLATION: 428 Chestnut St., Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9; Graffiti and High Grass;
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 following: Graffiti on the exterior of the buildings (Section 302.9 Defacement of Property).
High grass in excess of 18 inches (Section 302.4 Weeds). Compliance of this violation will be when the
following occurs: All graffiti is removed or painted over so it is not visible, grass and weeds are cut,
including to the right-of-way, and clippings removed from the property.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of
$200 per day for every day in violation startingon n July 20, 2011; seconded by Les Booker. The vote
4
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
JUNE 21, 2011
was unanimous in favor otfinding the Respondent in violation and in,favor of the time period and the
amount of the fine.
CASE NO. 11-734
Sherry D. Pruitt
1358 Hillview Dr.
Clermont, FL 34711
LOCATION OF VIOLATION: 1358 Hillview Dr., Clermont, FL 34711
VIOLATION: Chapter 122, Section 122-343; Fence in Disrepair
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 rear fence that is in extreme disrepair, with panels that have fallen from the fence posts.
Compliance of this violation will be when the fence panels are properly secured back into place or the
entire fence is removed, including the posts.
Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250
per day, or every day in violation starting on July 20. 2011; seconded by David Holt. 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.
Chairman Purvis reminded the Board that the meeting for July is being moved to Wednesday, July 20,
2011.
There being no further business, the meeting was adjourned at 8:30 p.m.
Attest:
Rae Chidlow, Code Enforcement Clerk
James Purvis, Chairman
61
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-738
Petitioner Violation No. 1734
VS.
LAWSON L WOLFE ET AL TRUST
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
Wednesday July 20th, 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 Water Conservation Coordinator in his Statement of Violation, this case may be presented to the
Board even if the violation has been corrected prior to the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been
furnished by Certified Mail/Return Receipt Requested to Respondent, Lawson L Wolfe Et Al Trust
6004 Lake Emma Rd., Groveland, FI 34736
(Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6637) A
3uzanli6 0/r>hea, Code'ErWorcement Officer
this 30th dlay of June 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 31, 2011
To: LAWSON L WOLFE ET AL TRUST
6004 LAKE EMMA RD
GROVELAND, FL 34736
Violation #1734
Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 7435
Property Address: 450 EAST HIGHWAY 50,
CLERMONT, FI 34711
Parcel Number: 30-22-26-0400-0000-7100
Type of Violation: ILLEGAL SIGNAGE
In Violation Of: Chapter, Section 102-8 (7). Prohibited signs;
Chapter 102, Section 102-7. Exempt signs
(SEE ATTACHED COPY)
You are hereby notified of the following violations that are occurring on the property:
• Two red, white, and blue wind flags stating 'OPEN' and 'OPEN HOUSE' posted
along the wall in front of the property, along Hwy 50.
• Signs stating 'Open House, Micki Blackburn, 352 394-6611....' Posted along
the wall in front of the property, along Hwy 50.
Compliance of This Violation will be when all illegal signage is permanently
removed. (Two prior Warnings issued)
You are directed to take action by Friday June 3, 2011. Failure to remedy the
violation within the allotted time will result in an appearance before the Code
Enforcement Board.
Please contact me at (352) 241-7309 or sosheaCaD-clermontfl.oro when you comply.
By:
uzanne u nea
Je Enforc6Ment Officer
Sec. 102-7. Exempt signs.
The following signs are exempt from the permit requirements of this chapter provided they are
not placed or constructed so as to create a hazard of any kind. The following signs must still
meet applicable construction and electrical standards required by city, state or other appropriate
agency codes.
(1) One sign per street frontage, not exceeding six square feet in total area for residential zones
and not exceeding 32 square feet in total area for commercial and industrial zones, offering the
specific property for sale, rent or lease by the owner or his agent, provided the sign is located on
the property offered.
(2) A marquee sign over a show window or door of a store or business establishment
announcing only the name of the proprietor and the nature of the business, not exceeding four
square feet in area.
(3) A sign painted on the door or show window limited to the name of the proprietor, name or
nature of the business, hours of operation and emergency telephone numbers, when all letters and
characters are no more than six inches in height.
(4) A ground sign not exceeding two square feet in area and bearing only property numbers,
post office box numbers, names of occupants of premises, or other identification of the premises,
not having commercial connotations.
(5) Directory signs for businesses, limited to two square feet per occupant, affixed to a wall or
ground sign.
(6) Private ground directional or instructional signs that direct and guide traffic, parking or
pedestrian movements on private property, provided the individual letters composing such a sign
do not exceed six inches in height. Signs may be illuminated and display the name, logos,
symbols or designs of the establishment; however, such signs shall not exceed four feet in height
and shall not exceed four square feet in area.
(7) Memorial signs or tablets, containing names of buildings and date of erection, when cut into
any masonry surface or when constructed of bronze or other noncombustible materials and
attached to the surface of a building.
(8) Legal notices and official instruments.
(9) Signs necessary to promote health, safety and general welfare, and other regulatory,
statutory, traffic control or directional signs erected on public property as required by
governmental entities with permission as appropriate from the city, the county, the state or the
United States federal government.
(10) Paper signs displayed inside show windows of retail establishments so long as no part of
the display moves or contains flashing lights and the display does not exceed 25 percent of the
window area.
(11) Bulletin boards and identification signs for public, nonprofit or religious facilities, located
on the premises and not exceeding 24 square feet in area.
(12) Those banner signs permitted in section 102-8.
(13) Menus of less than two square feet mounted at the entrances to restaurants.
(14) The flying of three or less ground -mounted freestanding national, state or city flags,
provided that such flags shall not be used in such a manner as to attract attention for commercial
purposes.
Sec. 102-8. Prohibited signs; exceptions.
It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign
described as follows:
(1) Commercial or office signs within residentially zoned land. No commercial or office use
sign shall be located upon any residentially zoned property, except signs advertising uses
allowed outright, by variance, or by conditional use permit approval in that residential zone that
conform with the sections of this chapter and other provisions of this land development code
relating to that use.
(2) Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its
size, location, movement, content, coloring or method of illumination; or any sign which
obstructs vision between pedestrians and vehicles using the public right-of-way, including but
not restricted to those not meeting visibility requirements of this land development code.
Specifically prohibited are:
a. Signs using rotating or flashing signal lamps similar to those used on emergency vehicles,
regardless of location or color.
b. Signs that resemble any official sign or marker erected by any government agency, or that by
reason of position, shape or color would conflict with the proper functioning of any traffic sign
or signal, or be of a size, location, movement, color or illumination that may be reasonably
confused with or construed as, or conceal, a traffic control device.
c. Signs using lights or illuminations that flash, move, rotate, scintillate, blink, flicker or vary in
intensity or color.
d. Signs, within 50 feet of public rights -of -way or 100 feet of traffic control lights, that contain
red or green lights that might be confused with traffic control lights.
e. Signs using words and traffic control symbols so as to interfere with, mislead or confuse
traffic, such as "stop," "look," "caution," "danger" or "slow."
f. Signs that are of such intensity or brilliance as to cause glare or impair the vision of any
motorist, cyclist or pedestrian using or entering a public way, or that are a hazard or a nuisance to
occupants of any property because of glare or other characteristics.
(3) Signs of any description erected or placed in any location where the sign's presence will
interfere with clear sight distances of either motor vehicles or pedestrian traffic.
(4) Signs that are in violation of the building codes or electrical codes adopted by the city.
(5) Signs with visible moving, revolving or rotating parts or visible mechanical movement of
any description or other apparent visible movement achieved by electrical, electronic or
mechanical means, except for traditional barber poles.
(6) Signs with the optical illusion of movement by means of a design that presents a pattern
capable of giving the illusion of motion or changing of copy.
(7) Signs, commonly referred to as wind signs, consisting of one or more pennants, ribbons,
spinners, streamers or captive balloons, or other objects or material fastened in such a manner as
to move upon being subjected to pressure by wind.
(8) Signs or sign structures that interfere in any manner with free use of any fire escape,
emergency exit, standpipe, window, door or opening used as a means of ingress or egress or
ventilation or so as to prevent free passage from one part of a roof to any other part thereof.
(9) Signs that display any statement, word, character or illustration of an obscene, indecent or
immoral nature.
(10) Signs that contain any lighting or control mechanism that causes unreasonable interference
with radio, television or other communication signals.
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-739
Petitioner Violation No. 1739
VS.
ALDI FLORIDA LLC,
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
Wednesday July 201h, 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 Water Conservation Coordinator in his Statement of Violation, this case may be presented to the
Board even if the violation has been corrected prior to the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has
been furnished by Certified Mail/Return Receipt Requested to Respondent, Aldi Florida Llc,
2651 Sr 17s, Po Box 97, Haines City, FI 33845-0097
(Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6651)
BY: /I JOA%l _"�
Suzannetdf
ea, Code nforcement Officer
this 30'' June 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
June 1, 2011 Violation #1739
To: ALDI FLORIDA LLC
2651 SR 17S
PO BOX 97
HAINES CITY, FL 33845-0097
Certified Mail, Return Receipt Requested #: 7006 0810 0001 2595 2354
Property Address: 2503 US HWY 27, CLERMONT, FL 34711
Parcel Number: 32-22-26-1000-0001-0200
Type of Violation: Failure to maintain landscape
In Violation Of: Section 118-35 Maintenance and pruning
(see attached copy)
You are hereby notified that you are in violation of the referenced chapter of the City
of Clermont Code of Ordinances due to the vegetative landscaping around the
perimeter of the property that is dead/dying/ missing.
Compliance of This Violation will be when the landscape vegetation is sufficiently
replaced and maintained so that all plant life is sustained, healthy, neat and orderly.
"Landscape replacement should follow the approved landscape plan for the property
(enclosed)
You are directed to take the above action for compliance by June 30, 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 (352) 241-7309 or soshea(ftlermontfl.ora when you comply.
By:
Cc
Enforcement Officer
ALDI, 2503 US HWY 27, CLERMONT, FL 34711
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-726
Petitioner Violation No. 17A(r
Q �
VS.
AUTOZONE INC #2426
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
Wednesday July 20th, 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 Water Conservation Coordinator in his Statement of Violation, this case may be presented to the
Board even if the violation has been corrected prior to the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has
been furnished by Certified Mail/Return Receipt Requested to Respondent, Autozone Inc
#2426, Po Box 2198, Dept 8088, Memphis, Tn 38101-2198
(Certified Mail/Return Receipt Requested# 7009 1680 000 754 6668)
BY:
Suzanne ea, C de nforcement Officer
this 30t' d f June 1.
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 17, 2011 Violation #1726
To: AUTOZONE INC
#2426
PO BOX 2198
DEPT 8088
MEMPHIS, TN 38101-2198
Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 7343
Property Address: 591 EAST HIGHWAY 50, CLERMONT, FL 34711
Parcel Number: 30-22-26-0400-0001-3200
Type of Violation: Failure to maintain landscape and irrigation
In Violation Of: Section 118-35 Maintenance and pruning
Section 118-33 Irrigation plan (see attached copy)
You are hereby notified that you are in violation of the referenced chapter of the City
of Clermont Code of Ordinances due to the following:
The shrubs around the property are dead, dying, and/or missing.
The irrigation system does not appear to be functioning properly.
Compliance of This Violation will be when the all the following is completed in its
entirety:
• The landscape vegetation is sufficiently replaced and maintained so that all
plant life is healthy, neat and orderly. All plantings must meet minimum
requirements upon planting, and be maintained as such.
(Refer to attached handout for planting requirements- Sec. 118-36. Plant material.)
• The irrigation system should be functioning properly and used in accordance
with the watering guidelines of the City of Clermont.
(Contact Water Conservation Coordinator Al Freeman- 352/241-7338 with questions)
Please contact me at (352) 241-7309 or sosheaCaD-clermontfl.org when you comply.
Failure to remedy the violation within the allotted time will result in a Notice to Appear
for a hearing before the Code Enforcement Board. You are directed to take the
above ag" for compliang6�by June 14, 2011.
By:
Su2anne
Officer
Cc: Auto Zone
591 E Hwy 50
Clermont, FL 34711
Sec. 118-36. Plant material.
(a) Quality. Plant materials used in conformance with provisions of this chapter shall meet
specifications of Florida No. 1 grade or better, according to the current edition of Grades and
Standards for Nursery Plants of the state department of agriculture.
(b) Trees.
(1) Trees shall be species having an average mature spread of crown of greater than 15 feet and
having trunks which can be maintained in clean condition over five feet of clear wood. Trees
having an average mature spread of crown less than 15 feet may be substituted by grouping the
trees so as to create the equivalent of 15 feet of crown spread.
(2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy
trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a
minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the
standards as specified in section 118-2. The location of trees of any species known to have a root
system capable of causing damage to roadways or utilities shall require staff approval.
(3) Understory tree species shall be a minimum of eight feet in overall height immediately after
planting with a four foot spread, and shall meet the standards as specified in section 118-2.
4 percent of required canopy trees in parking lots shall be live oak trees.
c Shrub s> Shrubs shall be a minimum of two feet in height and 30 inches on center when
measured immediately after planting.
(d) Hedges. Hedges, where required, shall be planted and maintained so as to form a
continuous, unbroken, solid visual screen within a maximum of two years from the time of
planting.
(e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may
be used in conjunction with fences, screens or walls to meet physical requirements as specified.
(f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in
such manner as to present a finished appearance and provide reasonably complete coverage
within 12 months after planting.
(g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where
large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall
be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention
areas and swales, and on areas where relief indicates the property may be subject to erosion. On
lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered
with an approved ground cover. Areas proposed for hydroseeding shall be approved by the
administrative official or the established designee thereof.
(h) In an effort to foster water conservation, new commercial, multifamily, common green areas
in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant
ground cover.
(Ord. No. 281-C, § 1(ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 309-C, §
II, 6-26-01; Ord. No. 310-C, § 2, 7-24-01; Ord. No. 311-C, § 1, 11-13 -01; Ord. No. 3 3 8-C, § 1,
6-22-04)
Sec. 118-35. Maintenance and pruning.
Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally
responsible for the maintenance of all landscaping, which shall be maintained in good condition
so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and
debris. All required landscaping shall be maintained in perpetuity.
Replacement. All unhealthy and dead plant material shall be replaced within 30 days in
conformance with the approved site/landscaping plan for the property or in conformance with the
provisions of this chapter if an approved plan is not on file with the city. The size of replacement
trees shall be as specified in section I I8-113(d)(2).
Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and
vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other
Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be
severely pruned in order to permanently maintain growth at a reduced height or spread. A trees
natural growth habit shall be considered in advance of conflicts which might arise (i.e. view,
signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be
considered tree abuse and a violation of this Code.
Violations. A person who violates any provision of this article, and fails to correct the violation
as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree
abuse offenses shall be considered a separate offense for each tree damaged or destroyed
contrary to the provisions of this article.
(Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04)
Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-3 5 in its
entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping
and derived from Ord. No. 281-C, § 1(ch. 13, § 3(E)), adopted November 8, 1994
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-741
Petitioner Violation No. 1744
VS.
DISCOUNT AUTO PARTS INC
ADVANCE AUTO PARTS
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
Wednesday July 201h9 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 Water Conservation Coordinator in his Statement of Violation, this case may be presented to the
Board even if the violation has been corrected prior to the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has
been furnished by Certified Mail/Return Receipt Requested to Respondent, Discount Auto
Parts Inc., Advance Auto Parts, Attn: Expense Accts Payable, Po Box 2710, Roanoke, Va
24001-2710 (Certified Mail/Return Receipt Re es ed# 7009 1680 0002 375"675)
BY: Code
uz ne hea, of rcem
this 30th of June 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
June 8, 2011
To: DISCOUNT AUTO PARTS INC
ADVANCE AUTO PARTS
ATTN: EXPENSE ACCTS PAYABLE
PO BOX 2710
ROANOKE, VA 24001-2710
Violation #1744
Certified Mail, Return Receipt Requested #: 7006 0810 0002 3754 6422
Property Address: DISCOUNT AUTO PARTS
390 EAST HIGHWAY 50, CLERMONT, FL 34711
Parcel Number: 30-22-26-0400-0001-0101
Type of Violation: Failure to maintain landscape
In Violation Of: Section 118-35 Maintenance and pruning
(see attached copy)
You are hereby notified that you are in violation of the referenced chapter of the City
of Clermont Code of Ordinances due to the vegetative landscaping around the
perimeter of the property that is dead/dying/ missing.
Compliance of This Violation will be when the landscape vegetation is sufficiently
replaced and maintained so that all plant life is sustained, healthy, neat and orderly.
You are directed to take the above action for compliance by June 22, 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 (352) 241-7309 or soshea(a)-clermontfl.orQ when you comply.
By:
Cc:
Advance Discount Auto Parts
390 E Hwy 50
Clermont, FL 34711
Sec. 118-36. Plant material.
(a) Quality. Plant materials used in conformance with provisions of this chapter shall meet
specifications of Florida No. 1 grade or better, according to the current edition of Grades and
Standards for Nursery Plants of the state department of agriculture.
(b) Trees.
(1) Trees shall be species having an average mature spread of crown of greater than 15 feet and
having trunks which can be maintained in clean condition over five feet of clear wood. Trees
having an average mature spread of crown less than 15 feet may be substituted by grouping the
trees so as to create the equivalent of 15 feet of crown spread.
(2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy
trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a
minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the
standards as specified in section 118-2. The location of trees of any species known to have a root
system capable of causing damage to roadways or utilities shall require staff approval.
(3) Understory tree species shall be a minimum of eight feet in overall height immediately after
planting with a four foot spread, and shall meet the standards as specified in section 118-2.
(4) Sixty percent of required canopy- trees in parking lots shall be live oak trees.
#(c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when
measured immediately after planting.
(d) Hedges. Hedges, where required. shall be planted and maintained so as to form a
continuous, unbroken, solid visual screen within a maximum of two years from the time of
planting.
(e) Tines. Vines shall be a minimum of 30 inches in height immediately after planting and may
be used in conjunction with fences, screens or Nvalls to meet physical requirements as specified.
(f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in
such manner as to present a finished appearance and provide reasonably complete coverage
within 12 months after planting.
(g) Lawn grass. Grass areas may be sodded. plugged. sprigged or, in certain instances where
large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall
be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention
areas and swales, and on areas where relief indicates the property may be subject to erosion. On
lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered
with an approved ground cover. Areas proposed for hydroseeding shall be approved by the
administrative official or the established designee thereof.
(h) In an effort to foster water conservation, new commercial, multifamily, common green areas
in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant
ground cover.
(Ord. No. 281-C. § 1(ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C. § 2. 9-28-99; Ord. No. 309-C, §
lI, 6-26-01; Ord. No. 310-C. § 2, 7-24-01: Ord. No. 311-C, § 1, 11-13 -01; Ord. No. 33 8-C, § 1,
6-22-04)
Sec. 118-35. Maintenance and pruning.
,Waintenance. The owner, tenant and their agent, if any. shall be jointly- and severally
responsible for the maintenance of all landscaping, which shall be maintained in good condition
so as to present a healthy. neat and orderly appearance and shall be kept free from refuse and
debris. All required landscaping shall be maintained in perpetuity.
Replacement. All unhealthy and dead plant material shall be replaced within 30 days in
conformance with the approved site/landscaping plan for the property- or in conformance with the
provisions of this chapter if an approved plan is not on file with the city-. The size of replacement
trees shall be as specified in section 118-113(d)(2).
Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and
vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other
Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be
severely pruned in order to permanently maintain growth at a reduced height or spread. A trees
natural growth habit shall be considered in advance of conflicts which might arise (i.e. view.
signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be
considered tree abuse and a violation of this Code.
1"iolations. 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 cite Code of Ordinances. Tree
abuse offenses shall be considered a separate offense for each tree damaged or destroyed
contrary to the provisions of this article.
(Ord. No. 311-C. § 1, 11-13-01; Ord. No. 338-C, § 1.6-22-04)
Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its
entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping
and derived from Ord. No. 281-C, § 1(ch. 13. § 3(E)), adopted November 8. 1994
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT,
Petitioner
vs.
CLARA M FREEMAN
C/O JAMES FREEMAN
Respondent
Case No. 11-743
Violation No. 1751
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
Wednesday July 20th, 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 Water Conservation Coordinator in his Statement of Violation, this case may be presented to the
Board even if the violation has been corrected prior to the hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has
been furnished by Certified Mail/Return Receipt Requested to Respondent, Clara M Freeman
C/O James Freeman, Po Box 98182, Atlanta, Ga 30359-8182
(Certified Mail/Return Receipt Requested# 7009 1680Q002 3754 6699)
BY: 4/kV/ '
SuzannZhne
Code rcement Officer
this 301h 2011.
IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECJ/r0 ANY MATTER CONSIDERED AT
THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR
THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
VIOLATION NOTICE
June 21, 2011 Violation # 1751
To: CLARA M FREEMAN
C/O JAMES FREEMAN
PO BOX 98182
ATLANTA, GA 30359-8182
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 6552
Property Address: VACANT LOT 200 BLK of WEST HIGHWAY 50,
(west of 265 hwy 50) CLERMONT, FL 34711
Parcel Number: 24-22-25-0100-0170-1500
Type of Violation: WEEDS AND GRASS, DANGEROUS TREE
In Violation Of: Chapter 14, Section 14-9
Titled: "INTERNATIONAL PROPERTY MAINTENANCE CODE."
(SEE ATTACHED COPY)
You are hereby notified that you are in violation of the referenced section of the City
of Clermont Code of Ordinances due to the following conditions:
• Excessive accumulation of grass and weeds in excess of 18 inches
(Section 302.4 Weeds) (Section 302.5 Rodent Harborage)
• Rotten and broken tree limbs/branches on the property.
(Section 301.3 Vacant Structures and Land)
• The oak tree located in the northeast comer of the property is unsafe and poses
an extreme hazard to vehicles on Hwy 50, the adjacent property, (which
occupies patients of the medical offices, and vehicles parked in the parking lot.)
The tree has rotten, broken branches which have fallen not only into the parking
lot, but onto the property.
(Section 301.3 Vacant Structures and Land)
Compliance of This Violation will be when the property meets the following
conditions:
• Cleaned of all dead, dying, and excess vegetation, uniformly trimmed and
mowed, with all clippings, tree limbs/branches removed from the property.
• All vegetative debris (broken branches and limbs) is removed from the property.
• After obtaining a tree removal permit from the City of Clermont zoning
department, the abovementioned oak tree is cut down and entirely removed
from the property.
Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply.
You are directed to take action by July 15, 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:
0
CHAPTER
GENERAL REQUIREMENTS
SECTION 301 property in violation and cut and destroy the weeds growing
GENERAL thereon, and the costs of such removal shall be paid by the
301.1 Scope. The provisions of this chapter shall govern theoshalfll
ent responsible for the property.
minimum conditions and the responsibilities of persons fornt harborage. All structures and exterior property
maintenance of structures, equipment and exterior property. free from rodent harborage and infestation. Where
found the shall be
301.2 Responsibility. The owner of the premises shall main-
tain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this
code. A person shall not occupy as owner -occupant or permit
another person to occupy premises which are not in a sanitary
and safe condition and which do not comply with the require-
ments of this chapter. Occupants of a dwelling unit, rooming
unit or housekeeping unit are responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises which they
d control.
fg;thereof
t structures and land. All vacant structures and
or vacant land shall be maintained in a clean,
ecure and sanitary condition as provided herein so as not
to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
3011 Sanitation, All exterior property and premises shall be
maintained in a clean, safe and sanitary condition. The occu-
pant shall keep that part of the exterior property which such
occupant occupies or controls in a clean and sanitary condition.
302.2 Grading and drainage. All premises shall be graded.
and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any structure
located thereon.
Exception: Approved retention areas and reservoirs
302.3 Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be kept
in "roper state of repair, and maintained free from hazardous
302.4 W All premises and exterior property shall be main -
from weeds or plant growth in excess of (jurisdic-
oa to insert height in inches). All noxious weeds shall be
prohibited. Weeds shall be defined as all grasses, annual plants
and vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a prop-
erty to cut and destroy weeds after service of a notice of viola-
tion, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the authority having juris-
diction. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor
hired by the jurisdiction shall be authorized to enter upon the
y promptly exterminated by
approved processes which will not be injurious to human
health. After extermination, proper precautions shall be taken
to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans orblowers
shall not discharge gases, steam, vapor, hot air, grease, smoke,
odors or other gaseous or particulate wastes directly upon abut-
ting or adjacent public or private property or that of another
tenant.
302.7 Accessory structures. All accessory structures, includ-
ing'detached garages, fences and walls, shall be maintained
structurally sound and in good repair.
302.8 Met(N. vehicles. Except as provided for in other regula-
tions, no inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at
any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is
prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such
work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
302.9 Defacement of property. No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by
placing therms any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said sur-
face to an approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be maintained
in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot rubs and spas,
containing water more than 24 inches (610 mm) in depth shall
be completely surrounded by a fence or barrier at least 48
inches (1219 mm) in height above the finished ground level
measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self -closing and self -latch-
ing. Where the self -latching device is less than 54 inches (1372
mm) above the bottom of the gate, the release mechanism shall
be located on the pool side of the gate. Self -closing and self -
latching gates shall be maintained such that the gate will posi-
tively close and latch when released from an open position of 6
inches (152 mm.) from the gatepost. No existing pool enclosure
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE*
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-745
Petitioner Violation No. 1756
VS.
WILLIAM M & RENEE L BANZHAF
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
Wednesday July 20th 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, William M & Renee L Banzhaf
931 W Montrose St., Clermont, FI 34711
(Certified Mail/Return Receipt Requested# 7009 0810 0002 3r4 6712)
mm
Suzanne ?l nea, uoae(Enfl6rcement
this 30th day)of June 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
June 24, 2011
To: WILLIAM M & RENEE L BANZHAF
931 W MONTROSE ST
CLERMONT, FL 34711
Violation # 1756
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 6521
Property Address: 990 W MONTROSE ST. CLERMONT, FL
Parcel Number: 24-22-25-0100-0950-0900
Type of Violation: EXTERIOR MAINTENANCE
In Violation Of: Chapter 14, Section 14-9
Titled: International Property Maintenance Code 2006
Type of Violation: CHICKEN/ROOSTERS
In Violation Of: Chapter 10, Section 10-26
Titled: Livestock Prohibited
Type of Violation: UNLAWFUL STORAGE OF BOAT
In Violation Of: Chapter 34, Section 34-95
Titled: Prohibition of Storage in Residential areas
You are hereby notified that you are in violation of the referenced sections of the
International Property Maintenance Code, City of Clermont Code of Ordinances, due
to the following:
• There is a large amount of concrete, piles of cardboard, shopping baskets,
plywood, baby items, chicken pens, garbage cans, pallets, water jugs, and
other miscellaneous items.
(IPMC-Section 302.1 Sanitation)
• There are high grass and weeds in excess of 18 inches.
(IPMC-Section 302.4- weeds)
There are palm fronds, and other vegetative debris scattered around the
property.
(IPMC-Section 302.1 Sanitation)
• Chickens and/or roosters are running around loose in the rear of the property.
(Section 10-26)
• Abandoned, unregistered boat on the property.
(Section 34-95)
Compliance of This Violation will be when the following conditions are met:
• All abovementioned debris must be removed from the property and disposed
of.
• All grass and weeds in excess of 18 inches are cut, and all vegetative debris
removed from the property and properly disposed of.
• All chickens/roosters are permanently removed from the property.
• All unlicensed, inoperable boats are permanently removed from the property,
stored in an enclosed garage, or legally registered and stored behind the front
setback of the house.
Please contact me at soshea(&-clermonftorg or (352) 241-7309, when you
comply.
You are directed to take the above action for compliance by Friday July 15, 2011.
Failure to remedy the violation within the allotted time will result in a hearing before
the Code Enforcement Board.
By:
Enforcement Officer
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 Scope. The provisions of this chapter shall govern the
minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall
maintain the structures and exterior property in compliance
with these requirements, except as otherwise provided for in
this code. A person shall not occupy as owner -occupant or
permit another person to occupy premises which are not in a
sanitary and safe condition and which do not comply with the
requirements of this chapter. Occupants of a dwelling unit,
rooming unit or housekeeping unit are responsible for keeping
in a clean, sanitary and safe condition that part of the dwelling
unit, rooming unit, housekeeping unit or premises which they
occupy and control.
301.3 Vacant structures and land. All vacant structures and
premises thereof or vacant land shall be maintained in a clean,
safe, secure and sanitary condition as provided herein so as not
to cause a blighting problem or adversely affect the public
health or safety.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 S nitation. All exterior property and premises shall be
main 'ned in a clean, safe and sanitary condition. The
pant shall keep that part of the exterior property which
such occupant occupies or controls in a clean and sanitary
condition.
302.2 Grading and drainage. All premises shall be graded
and maintained to prevent the erosion of soil and to prevent
the accumulation of stagnant water thereon, or within any
structure located thereon.
Exception: Approved retention areas and reservoirs.
302.3 Sidewalks and driveways. All sidewalks, walkways,
stairs, driveways, parking spaces and similar areas shall be
kept -in - _a proper state of repair, and maintained free from
302.4 Wee All premises and exterior property shall be
I ee from weeds or plant growth in excess of 18"
for an i proved lot and 18" for a vacant lot. All noxious
s shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or
�s provided; however, this term shall not include
-ated flowers and gardens.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation,
they shall be subject to prosecution in accordance with Section
106.3 and as prescribed by the authority having jurisdiction.
Upon failure to comply with the notice of violation, any duly
authorized employee of the jurisdiction or contractor hired by
the jurisdiction shall be authorized to enter upon the property
in violation and cut and destroy the.weeds growing thereon,
and the costs of such removal shall be paid by the owner or
agent responsible for the property.
302.5 Rodent harborage. All structures and exterior property
shall be kept free from rodent harborage and infestation.
Where rodents are found, they shall be promptly exterminated
by approved processest which will not be injurious to human
health. After extermination, proper precautions shall be taken
to eliminate rodent harborage and prevent reinfestation.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or
blowers shall not discharge gases, steam, vapor, hot air,
grease, smoke, odors or other gaseous or particulate wastes
directly upon abutting or adjacent public or private property or
that of another tenant.
302.7 Accessory structures. All accessory structures,
including detached garages, fences and walls, shall be
maintained structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other
regulations, no inoperative or unlicensed motor vehicle shall
be parked, kept or stored on any premises, and no vehicle shall
at any time be in a state of major disassembly, disrepair, or in
the process of being stripped or dismantled. Painting of
vehicles is prohibited unless conducted inside an approved
spray booth.
Exception: A vehicle of any type is permitted to undergo
major overhaul, including body work, provided that such work
is performed inside a structure or similarly enclosed area
designed and approved for such purposes.
302.9 Defacement of property. No person shall willfully or
wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by
placing thereon any marking, carving or graffiti. It shall be the
responsibility of the owner to restore said surface to an
approved state of maintenance and repair.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 Swimming pools. Swimming pools shall be maintained
in a clean and sanitary condition, and in good repair.
303.2 Enclosures. Private swimming pools, hot tubs and spas,
containing water more than 24 inches (610 nun) in depth shall
be completely surrounded by a fence or barrier at least 48
inches (1219 nun) in height above the finished ground level
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE
City of Clermont
P.O. Box 120210, Clermont, FL 34712-0219
REPEAT VIOLATION
& HEARING NOTICE
July 8, 2011
To: EAGLE FL I SPE LLC
200 W 2ND ST 3RD FLOOR
WINSTON SALEM, NC 27101
Violation # 1767
Certified, Return Receipts Requested #: 7009 1680 0002 3754 6842
Property Address: NW CORNER OF BROGDEN & HWY 27, CLERMONT, FL
Parcel Number: 29 22 26 0100 000 00300
Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES
In Violation Of: Chapter 34, Section 34-61(1) WEEDS
Titled: "Enumeration of prohibited items, conditions or actions
constituting nuisances." (SEE ATTACHED COPY)
You are hereby notified that you are in violation of the referenced section of the City
of Clermont Code of Ordinances due to the 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.
Please call (352) 241-7309 or soshea(ftlermontfl.org when you comply.
This case will be presented to the Code Enforcement Board as
stated in the attached Notice of Heatima on Repeat Violation, even if
the violation has been corrected pr/or to the hear/ng date.
By:
uzanne U.
Enforcement
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-746
Petitioner Violation No. 1767
VS.
EAGLE FL I SPE LLC
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
WEDNESDAY JULY 20th, 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, Eagle FL I SPE LLC, 200 w 2nd st 3'd floor, Winston Salem, NC
27101 (Certified, Retum Receipts Requested #: 7009 1680 0002 3754 6842 ) n
Z
: / v
zanfl a, Code Enf c ment Officer
this 81h daj, of July 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.