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11-16-2010 Regular Meeting (Supporting Documents)CODE ENFORCEMENT BOARD MEETING NOVEMBER 16, 2010 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 OCTOBER 19, 2010 OPENING STATEMENT AND SWEARING IN WITNESSES AGENDA ............................................... ■ ............................. ■ 1 CASE NO. 10-677 Lu- ak7v- -:41Ia�lb OLD BUSINESS Hunter's Trace Properties Clermont Shopping Center 701 S.R.50 Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 REQUEST: Maintenance and Pruning CASE NO. 10-693 ���� Des Properties, LLC t-'� 1018 School Street Lk M C okslk Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4) Excessive Weed & Plant Growth 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. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 19, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 19, 2010 at 7:00 p.m. Members attending were James Purvis, Chairman, Dave Holt, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Jim Hitt, Planning Director, 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 September 21, 2010 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Planning Director Jim Hitt, along with any of the public who may testify, was sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. Planning Director Jim Hitt stated that Case numbers 10-692 and 10-695 have complied and will not be heard. Planning Director Jim Hitt stated that staff is requesting Case numbers 10-677 and 10-693 be continued to November 16, 2010. Les Booker made a motion to continue Case numbers 10-677 and 10-693 to the November 16. 2010 meeting: seconded by Ed Carver. The vote was unanimous in accepting the continuation. CASE NO.10-597 Talal Properties LTD & Tarek Properties LTD 1640 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 1640 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. Michael Heaney, 1640 E. Highway 50, stated that they have been in compliance since three weeks from the compliance date. He stated that there was a misunderstanding about what the compliance entailed, but as soon as he understood what was needed for compliance, he took care of it. He stated that he is requesting forgiveness of the fine. Mr. Mantzaris stated that the Board gave the Respondent ample opportunity to correct the problem by the compliance date. He stated that this is a commercial enterprise with a site plan showing the required CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 19, 2010 landscaping. He stated they don't feel the fine should be completely waved. He stated that the City is requesting the fine be lowered no lower than $1000, and if they need 60 days to pay, the City is fine with that. W. Heaney stated that they have been in business in City of Clermont for over 10 years and this is the first time they have been before the Board. He stated that he feels they do keep their property maintained. He stated that he agrees they made a mistake, a costly mistake, and they have complied. David Holt made a motion to reduce the fine to $1050. The vote failed for lack of a second. Alfred Mannella made a motion to reduce the fine to $350: Jim Purvis passed the gavel to Vice -chair Dave Holt: the motion was seconded by Jim Purvis. The vote was 1-4 so the motion fails.with Board members Holt. Booker. Purvis and Carver opposing Les Booker made a motion to reduce the fine to $500 to be paid by December 20, 2010: seconded by Jim Purvis. The vote was 4-1 in favor of the reduction of the fine with Board member Mannella opposing Mr. Mantzaris explained the City's position regarding the process for converting fines to liens. He stated that City Staff's best approach is to have the lien created as quickly as possible on the property. He stated that when the case is presented and the Board finds there is a violation, and the fine will accrue if not complied by the compliance date, then language would be included that would allow the findings of fact conclusion of law to be recorded in the public records at the time the fine accrues, thus creating a lien automatically. He stated that if the City goes to this process, they would have to allow the Respondent to come before the Board and claim that the Code Enforcement Officer was wrong and that the property is in compliance and show proof. He stated that the City will notice the Respondent that a fine has accrued and a lien will be placed on their property, and they will have 30 days to request to come before the Board to show whether they are in compliance or not. He stated that if the 30 days expires without the Respondent coming back before the Board, the order will be executed by the Chairman and then recorded in the public records. He stated that the City will be asking the City Council to delegate a portion of its authority to relay the liens back to the Code Enforcement Board. He stated that in certain circumstances, the Code Enforcement Board would have the ability to address the reduction in liens for liens that are $50,000 or less, where the property is in compliance and where the Respondent has no other code violations on any other property they own in the City. He stated that the Board's authority would be limited to reducing the fine to no less than the reasonable administrative cost associated with the lien. He stated that the reasonable cost will be dealt with on a case -by -case basis. He stated that the current cases running fines would have to be brought back before the Board in order to place the lien on those properties. Code Attorney Valerie Fuchs stated that she is concerned about the power of the Board to reduce liens that have already been filed. Mr. Mantzaris stated that the Respondent would still have the opportunity to go before City Council and this would be addressed in the drafting of the procedures. He stated that they would also set up an established procedure where the Respondent would meet with Staff first to discuss a resolution to the It- 2 0 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD OCTOBER 19, 2010 fine and lien that both parties can agree to. He stated that the agreement will be confirmed in a written document, so that when they come back before the Board an agreement will already be in place. He stated that if the Board does not agree with the recommendation, then the Board will have the ability to do what they do now and it will either be accepted by the parties or it will then go before City Council. Chairman Purvis stated that he would like to see this process put into place. The consensus from the Board was that they are all in favor of the presentation of converting fines to liens. There being no further business, the meeting was adjourned at 7:59 p.m. Attest: Rae Chidlow, Code Enforcement Clerk James Purvis, Chairman 3 j CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. HUNTER'S TRACE PROPERTIES, Respondents. Case No: CEB 10-677 701 SR 50 Clermont, Florida 34711 ORDER CONTINUING MATTER TO NOVEMBER 16, 2010 THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on October 19, 2010 and the Board having considered Petitioner's request to continue this matter, thereupon issues this Order continuing the above -styled matter to be heard Tuesday November 16, 2010 at 7:00 pm at 685 West Montrose Street, Clermont, Florida — Council Chambers of City Hall. The parties shall be present at the above -stated time and place without further notice in this matter. Done and Ordered this day of October 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORID James T. Purvis I HEREBY CERTIFY that on this CM'- day of October 2010, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondents, HUNTER'S TRACE PROPERTIES, 1363 Lakeshore Dr., Clermont, FL 34711. C z% '-r4t- 7or%p- oewc)-ocol- ms4ic1- (cSolo Code Enforcem nt Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 10-677 Petitioner Violation No. 1557 VS. HUNTER'S TRACE PROPERTIES Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY OCTOBER 19TH9 2010, 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, Hunter's Trace Properties, 1363 Lakeshore Dr., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7006 0810 0001 2594 6421) BY: l (.« _ Betty McMinamen, Code Enforcement Officer this 4th day of October 2010. 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. August 9, 2010 This is to inform you that the August Code Enforcement Meeting has been cancelled. Cases will be rescheduled to the next meeting (September 215t, 2010) as necessary. I will be available into early September, and then out on Family Leave for a few months. Please contact me up to this time if compliance has been met. After this time, please contact Betty McMinamen at 352 241-7304, who will be taking over my cases. Thank you, Code Enforcement Officer City of Clermont 352 241-7309 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 10-677 Petitioner Violation No. 1557 VS. HUNTER'S TRACE PROPERTIES Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY SEPTEMBER 21st, 2010, 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, Hunter's Trace Properties, 1363 Lakeshore Dr., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7006 0810 0001 2594 8890) BY: Suzanne O1r4tL:::_ orcement Officer this 13`" dst 2010. 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. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 10-677 Petitioner Violation No. 1557 vs. HUNTER'S TRACE PROPERTIES Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY AUGUST 17th9 2010, 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, Hunter's Trace Properties, 1363 Lakeshore Dr., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7006 0810 000,1--�594 8746) - BY: Suzanne 0' ea, Code Enfor e nt Officer this 2nd day f ugust 2010. 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 14, 2010 To: HUNTER'S TRACE PROPERTIES 1363 LAKESHORE DR CLERMONT, FL 34711 Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 8098 Property Address: 701 State Road 50, Clermont, FL 34711 Parcel Number: 30 22 26 0400 0002 5800 Type of Violation: Property Maintenance In Violation Of: Chapter 118, Section 118-35 Titled: "Maintenance and Pruning" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the City of Clermont Code of Ordinances, due to the following: Landscaping, hedges, trees, etc. are in poor condition and/or missing from the original landscape plan for the property. (Attached is the original landscape plan) Compliance of This Violation will be when the following conditions are completed in its entirety: Replant all new landscaping in accordance with the attached, approved landscape plan. • 13 Savannah Holly understory trees One on the northwest side, and 12 on the south side of the property along Minnehaha Ave. • 2 Bottle Brush understory trees * Both on the south side of the property along Minnehaha Ave • 2 rows of hedges On the south side of the property along Minnehaha Ave. • Replace two front islands with St. Augustine grass *Above understory trees may be substituted, but must remain in accordance with prior approved size and location. See attached list for replacement allowances* Please contact me at soshea(a-clermontfl.org or (352) 241-7309 when you comply. You are directed to take the above action for compliance by July 30, 2010. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. V� By: Sec. 118-41. Preferred tree list. PREFERRED CANOPY TREE LIST TABLE INSET: a b c X and American Elm Ulmus americana XX wd Bald Cypress Taxodium distichum m Basswood Tilia americana XX XX dm Live Oak Quercus virginiana XX and Pignut Hickory Carya glabra Ironwood Carpinus caroliniana XX win Pond Cypress Taxodium ascendens XX and Red Bay Persea borbonia XX wd Red Maple Acer rubrum XX d Sand Live Oak Quercus geminata XX d Scrub Hickory Carya floridana XX and Southern Magnolia Magnolia grandiflora XX X m Sugarberry Celtis laevigata XX X niwd Sweet Gum Liquidambar styraciflua m Sycamore Platanus occidentalis m Tulip Tree Liriodendron tulipfera XX dm Turkey Oak Quercus myrtfolia XX XX mw Winged Elm, Cork Elm Ulmus alata XX and Shumard Oak TABLE INSET: a b c XX dm American Holly Ilex cassine XX d Bluejack Oak Quercus incana X m Cherry Laurel Prunus caroliniana XX XX Chickasaw Plum Prunus angustifolia X XX dm East Palatka Holly XX and Flowering Dogwood Comus florida and Fringe Tree Chionanthus virginica XX XX d Myrtle Oak Quercus myrtifolia XX X and Redbud Cercis canadensis XX XX dm Southern Red Cedar Juniperus silicicola XX X Walter's Viburnum Viburnum obovatum XX XX Wax Myrtle Myrica cerifera XX Wild Olive (Devilwood) Osmanthus americanus X XX and Crepe Myrtle Lagerstroemia indica X XX dw Youpon Holly STABLE INSET: a- Unidentified drought tolerance scale used in our land development regs. b- Landscaping to promote water conservation using the principles of Xeriscape. This is a drought tolerance index provided by SJRWMD. X = Moderate drought tolerance XX = High drought tolerance c- Drought Tolerant Plant Guide for Lake County. Lake County Water Authority. d=dry in = moist w = wet FZ (Ord. No. 281-C, § 1(table 13-1), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 317-C, 11-27- 01; Ord. No. 338-C, § 1, 6-22-04) Sec. 118-42. Preferred shrub list. Preferred shrubs are as follows: PREFERRED SHRUB LIST TABLE INSET: Common Name Botanical Name (X) Arborvitae, Oriental (E) Platycladus orientalis Azalea (E) Rhododendron hybrids (X) Boxwood, Japanese (E) Buxus microphylla (X) Crepe Myrtle (D) Lagerstroemia indica (X) Cypress, Leylandii (E) Cypressocyparis leylandii (X) Feijoa (E) Feijoa sellowiana (X) Holly, Ambigua (D) Ilex ambigua (X) Holly, American (E) Ilex opaca (X) Holly, Burford (E) Ilex cornuta (XX) Holly, Yaupon (E) Ilex vomitoria (XX) Juniper (E) Juniperus spp. (XX) Palmetto, Saw Serenoa repens (XX) Palmetto, Scrub Sabal etonia (X) Photinia, Red -leaf (E) Photinia glabra (X) Photinia, Red -tip "Fraserii" Photinia fraserii (X) Pittosporum, Japanese (E) Pittosporum tobira (XX) Podocarpus, Yew (E) Podocarpus macrophyllus (X) Privet, Chinese (E) Ligustrum sinense (X) Privet, Florida (D) Forestiera segregata (XX) Privet, Japanese (E) Ligustrum japomcum (XX) Sage, Texas (E) Leucophyllum frutescens (XX) Silverthorn (E) Elageagnus pungens Viburnum, Sandankwa (E) Viburnum suspensum (X) Viburnum, Sweet (E) Viburnum odoratissimum (XX) Wax Myrtle (E) Myrica cerifera Key: TABLE INSET: (X) Xeriscape--Moderate drought tolerance (XX) Xeriscape--High drought tolerance (D) Deciduous (E) Evergreen (Ord. No. 281-C, § 1(table 13-2), 11-8-94) Sec. 118-43. Nonpreferred trees. Nonpreferred trees are as follows: NONPREFERRED TREES TABLE INSET: Common Name Botanical Name Silk Oak Grevillea robusta Jacaranda Jacaranda acutifolia Australian Pine Casuarina species Eucalyptus Species Ear Tree Enterlobium cyclocarpum Paper Mulberry Broussonetia papyrifora Chinaberry Nebia azedarch Cajeput or Punk Tree Melaluca leucadendra Florida Holly or Brazilian Pepper Schinus terebinfolius Chinese Tallow Tree Sapium sebiferum Mimosa Albizzia julibrissin Black cherry Prunus Serotina (Ord. No. 281-C, § 1(table 13-3), 11-8-94; Ord. No. 338-C, § 1, 6-22-04) Sec. 118-44. Illustrations. The following illustrations depict certain planting and design details relevant to this article. FIGURE 118-44A. TYPICAL SHRUB PLANTING DETAIL (Not to Scale) GRAPHIC LINK:Typical Shrub Planting Detail FIGURE 118-44D. LIMITS OF AREAS AVAILABLE FOR VEHICLE USE AREA LANDSCAPING (Not to Scale) GRAPHIC LINK:Limits of Areas Available for Vehicle Use Area Landscaping FIGURE 118-44E. BARRICADE FOR TREE PROTECTION DURING CONSTRUCTION (Not to Scale) GRAPHIC LINK:Barricade for Tree Protection During Construction (Ord. No. 281-C, § 1(figs. 13-1--13-5), 11-8-94; Ord. No. 338-C, § 1, 6-22-04) Secs. 1] 8-45--118-70. Reserved. 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 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. Violations. A person who violates any provision of this article, and fails to correct tre violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. (Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04) Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping and derived from Ord. No. 281-C, § 1(ch. 13, § 3(E)), adopted November 8, 1994 CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. DES PROPERTIES, LLC Respondents. Case No: CEB 10-693 1018 School St Clermont, Florida 34711 ORDER CONTINUING MATTER TO NOVEMBER 16, 2010 THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on October 19, 2010 and the Board having considered Petitioner's request to continue this matter, thereupon issues this Order continuing the above -styled matter to be heard Tuesday November 16, 2010 at 7:00 pm at 685 West Montrose Street, Clermont, Florida — Council Chambers of City Hall. The parties shall be present at the above -stated time and place without further notice in this matter. Done and Ordered this TM � day of October 2010. CODE ENFORCEMENT BOAR,4'i F THE CITY OF CLERMONT, FLOR James T. Purvis I HEREBY CERTIFY that on this day of October 2010, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondents, DES PROPERTIES, LLC 8614 Westwood Center Drive, Suite 650, Vienna, VA 22182. C£�T. �iC4'i-� '7 mc. • p� � D • oc�1- Z5 R y - � y g o Code Enforceme Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT Case No. 10-693 Petitioner Violation No. 1631 VS. DES PROPERTIES, LLC Respondents 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: October 19, 2010, 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 Nearing 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 Regular Mail and Certified Mail/Return Receipt Requested to Respondents, DES Properties, LLC, 8614 Westwood Center Drive, Suite 650, Vienna, VA 22182. (Certified Mail/Return Receipt Requested #7006 0810 0001 2594 6452) BY: Betty MCIAnamen, Code Enforcement Officer this 4th day of October, 2010. 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. Code Enforcement Board of the City of Clermont CITY OF CLERMONT Case No. 10-693 Petitioner Violation No. 1631 VS. DES PROPERTIES, LLC Respondents AFFIDAVIT OF VIOLATION BEFORE ME, the undersigned authority, personally appeared Betty McMinamen, Code Enforcement Officer for the City of Clermont, Florida, who after being duly sworn, deposes and states: 1. That DES PROPERTIES, LLC, VIENNA, VA 22182, hereinafter referred to as the "Respondents", are the owners of the real property located at 1018 SCHOOL STREET, CLERMONT, FLORIDA, the legal description of which is: CLERMONT, LINCOLN HGTS SCHOOL, N 16 FT OF LOT 10, LOT 12 CART #18, PB 10 PG 84, ORB 2909 PG 840, PARCEL # 19 22 26 0600 000 01000. 2. That the described property is in violation of Chapter 14, Section 14-9 (302.4) attached hereto. 3. That a true copy of the Violation Notice previously provided to RESPONDENTS is attached hereto. 4. That said violation has not been corrected. 5. That a true copy of the Notice of Hearing to be served upon the RESPONDENTS in conjunction with this Affidavit of Violation is attached hereto. FURTHER AFFIANT SAYETH NOT. Dated this 4T" day of October 2010. Betty McMinam n, Code Enforcement Officer The foregoing instrument was acknowledged before me this 4T" day of October 2010, by Betty McMinamen as the Code Enforcement Officer for the City of Clermont, who is personally known to me and who did take an oath. Signature. rY1 Printed Name: o�',".:�;'4¢ RAE MARE CHDLOW * EXPIRES: November 11, 2013 Nr�r ,,40r 8011dOd Thru B $CIVIC85 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE August 16, 2010 Violation # 1631 To: DES PROPERTIES, LLC 8614 WESTWOOD CENTER DR. SUITE 650 VIENNA, VA 22182 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 5906 Property Address: 1018 SCHOOL STREET, CLERMONT, FL 34711 Parcel Number: 19 22 26 0600 000 01000 Type of Violation: EXCESSIVE WEED AND PLANT GROWTH In Violation Of: Chapt-er 14, Section 14-9 (302.4) Titled: "2006 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 accumulation, which includes but is not limited to sections of this property currently being overgrown with tall grass and weeds. Compliance of This Violation will be when all of these premises have been returned to a condition met with custom and usual maintenance, clean of ail dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of-way to the pavement of the street. Please call (362) 394-4083 x 304, when you comply. You are direcied to take the above action for compliance within 10 days, which terminates on August 26, 2010. 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: Betty McMinamen Code 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 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant 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 reseivoirs. 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 hazardous conditions. 302.4 Weeds. A premises and exterior property shall be main ai ee from weeds or plant growth in excess of 18" for an improved lot and 18" for a vacant lot. 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 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 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 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 Metor vehicles. Except as provided for in ether 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 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 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE