Loading...
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. I iiI77 12 0 2011 11#240 A I I kkkk VI pool 1p ,AM or VA If's AW --dMW ww*- kip rf :y L ,y 1 ; VI Ar ti 17 illrA� JT ' '�•S s"�,• e�,yy� :� 07/20/2011 16�21 a I#4p -V R �� or 0.0 IAF r or r �07 / 2 11 16 21 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.