11-15-2011 Regular Meeting (Supporting Documents)CODE ENFORCEMENT BOARD MEETING
NOVEMBER 15, 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 ENFORCEM NT BOARD
MEETING FOR SEPTEMBER 20, 2011 ,
OPENING STATEMENT FV4-(, 1 cYlk.nne1[A
SWEARING IN WITNESSES
AGENDA
NEW BUSINESS
LaClair
CASE NO. 11-778 �,� Dave Szatmari & Jackie Ford
1286 Carolyn Drive
v� �a �A►� (Yja_nVnt� Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-95 (1)(2)
Unlawful Maintenance of Nuisances
O'Shea
CASE NO. 11
James H. Gano
1210 10th Street
Clermont, FL 34711
VIOLATION: 34, Section 34-61 (1)
UnlawfuM4aintenance of Nuisances
O'Shea
CASE NO. 11-780
Heerawan & Kalowtie Singh
979 Cornell Avenue
Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (303.1)(303.2)
IPMC-Swimming Pools & Enclosures
O'Shea
CASE NO. 11-781 r J %GQ 14)LAaz Vk % Mt-k-C- V
VIOLATION:
Craig & Melissa Post
278 East Avenue
Clermont, FL 34711
Chapter 14, Section 14-9
(302.4)(302.5)(302.1)(301.2)
IPMC-Weeds, Rodent Harborage,
Sanitation and Responsibility
CODE ENFORCEMENT BOARD MEETING
NOVEMBER 15, 2011
CITY HALL at 685 WEST MONTROSE STREET
At 7:00 P.M.
O'Shea
CASE NO. 11-782 Jo -el, LLC
l� Vacant lots located between 7th
& 8`h St. on Minneola Avenue
Clermont, FI 34711
VIOLATION: Chapter 34 Sections 34-61(1)(2)
Unlawful Maintenance of Nuisances
O'Shea
CASE NO. 11-783
OA�'A"-wR /
Eric & Nicole Schwalbach
1130 Minnehaha Avenue
Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.4)(304.13)
IPMC-Weeds, Windows
*************************************************************************************************************
O'Shea
CASE NO. 11-78 Brenda R. Eastman
1142 Minnehaha Avenue
Clermont, FL 34711
VIOLATION: Chap r 14, Section 14-9 (302.4)(302.1)
IPMC-Weeds, Sanitation
O'Shea ----
CASE NO. 11-785
W/B Hancock Village Owner LP
c/o Continental Properties Acquisition Corp.
2560 E. SR 50
Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.2)(302.1)
IPMC-Grading & Drainage, Sanitation
O'Shea
CASE NO. 11-786
Traditions Properties, LLC
Two vacant lots located in the
1000 block of Montrose Street
Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9 (302.4)
IMPC-Weeds
CODE ENFORCEMENT BOARD MEETING
NOVEMBER 15, 2011
CITY HALL at 685 WEST MONTROSE STREET
At 7:00 P.M.
O'Shea
CASE NO. 11-787 Verena Rinehart
258 2"d Street
Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9
(302.1)(304.2)(302.4)(304.6)(304.13.2)(702.4)
IPMC-Sanitation, Protective Treatment, Fences,
Weeds, Exterior Treatment, Openable Windows
and Emergency Escape
*************************************************************************************************************
O'Shea
CASE NO. 11-7
Kadry R. Allaboun
1617 12'h St. & 1680 Rosewood Dr.
Clermont, FL 34711
VIOLATION: Chapter 14, Section 14-9
-fZQ2.4)(302.5)(302.1)(302.3)(301.3)
IPM eeds, Rodent Harborage, Sanitation,
Sidewalks & Driveways, and Vacant
Structures & Land
OTHER BUSINESS
CASE NO. 11-749 i Nationstar Mortgage representing:
n Gabriele R. Bourguignon
'(',. 370 Crystal Lake Dr.
Clermont, FL 34711
REQUEST: Request for Fine Reduction
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.
3
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 20, 2011 at
7:00 p.m. Members attending were James Purvis, Chairman, Chandra Myers, Ken Forte, Alfred Mannella, Les
Booker, Dave Holt, and Ed Carver. Also attending were Jim Hitt, Planning Director, 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 August 16, 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.
Chandra Myers was sworn in.
Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney.
'ity Attorney Dan Mantzaris stated that Case No. 11-762 has complied and will not be heard. He stated that
'ase No. 11-774 is being tabled to the October 18, 2011 meeting.
Les Booker made a motion to table Case No. 11-774 to the October 18, 2011 meeting: seconded by Al red
Mannella. The vote was unanimous in favor of tablin- this case.
CASE NO. 11-768
Dagama LeBlanc & Catherine Philbert
1239 Lattimore Dr.
Clermont, FL 34711
LOCATION OF VIOLATION: 1239 Lattimore, Clermont, FL 34711
VIOLATION: Section #66-22D, Water Restrictions
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Al Freeman stated that on February 14, 2011 the Respondent was issued a warning. He stated that on June 2,
2011 they were issued a second violation notice that was left on their door. He stated that a notice was also sent
by mail and certified mail that was signed for and received. He stated that the fine was never paid. He stated
iat the third violation was issued on July 19, 2011. He stated that notice was also left on the door, mailed
,gular and certified mail that was not signed for. He stated that neither
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
fine has been paid as of today. He stated that the property was posted by Suzanne O'Shea and there was no
response from either Respondent.
City Attorney Dan Mantzaris stated that the City is seeking that a lien of $300 be placed on the property.
Dagama LeBlanc, 1239 Lattimore Dr., was sworn in. She stated that the second fine of $50 has been paid. She
stated they were having problems with their irrigation system coming on automatically. She stated that when it
rains the system would reset itself and come on at the wrong times. She stated that her landscaper has fixed the
problem. She stated that she will pay the fine, but she cannot pay it all at once.
Chairman Purvis asked if she brought anything in writing from the landscapers proving that there was an issue
with the irrigation system.
She stated that she did not bring anything but she could get something from the landscapers if she needed to.
Chairman Purvis asked the Respondent if the fine can be paid by October 18, 2011.
Ms. LeBlanc stated that she could pay the fine by that date.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a lien of $300 to
be assessed on October 18. 2011 ifpayment is not received by that date: seconded by Ken Forte. The vote we
unanimous in favor of tnding the Respondent in violation and in favor of the time period and the amount of d. _
Line.
CASE NO. 11-764
James Pool
1301 Lake Ave.
Clermont, FL 34711
LOCATION OF VIOLATION: 1301 Lake Ave., Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-61 (1)(2)(3); Unlawful Maintenance of Nuisances
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, exhibited pictures that are a true and
accurate depiction of the condition of the property on the date taken and 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: Overgrowth of grass and weeds on the property, in excess of 18 inches.
Miscellaneous items scattered around the property consisting of tires, gas cans, hoses, rugs, wood, metal, etc.
Compliance of this violation will be when the following occurs: The entire lot is uniformly trimmed and mowe
below 18 inches and cut vegetative debris is removed from the property. Must dispose or conceal storage of a
abovementioned miscellaneous items located on the property. She stated that the grass has been cut, so the
2
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
Respondent is not being charged with the overgrown grass and weeds. She stated that a fence was put up to hide
some of the items.
Board member Forte asked if a permit was pulled for the fence.
Ms. O'Shea stated that there is no permit for the fence.
James Pool, 1301 Lake Ave., was sworn in. He stated that he has a contract with a landscaper who cuts every
other week but there had been a lot of rain and the landscaper did take a vacation at that time. He stated that all
the trailers are registered. He stated that the truck in the back is being moved and he's already moved the two
Chevrolet's. He stated that he did put the fence up and did not realize he needed a permit to put that up but he
will get a permit for the fence. He stated that the tree that fell in his yard is from the neighbor's house and the
landscaper did clean that up. He stated that any other vehicle on the property that has no tags will be moved this
week. He stated that the trailers have tags, he just doesn't keep them on the trailers so that they do not get
stolen.
David Holt made a motion to find the Respondent in repeat violation of the cited City code with a fine of $250
per day if not complied by October 18. 2011; seconded by Les Booker. The vote was unanimous in favor _of
finding the Respondent in repeat violation with thefineand date.
'ASE NO. 11-775
James Pool
1301 Lake Ave.
Clermont, FL 34711
LOCATION OF VIOLATION: 1301 Lake Ave., Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-61; Prohibited Storage
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, exhibited pictures that are a true and
accurate depiction of the condition of the property on the date taken and 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: There are numerous non -operative motor vehicles, boats, golf carts, and utility
trailers located on the property. Action required to correct violations: Remove all unregistered boats, trailers,
golf cart, vehicles, etc. from the property, or store off -site, or in an enclosed garage.
Discussion of Case 11-775 was included under Case 11-764.
—'avid Holt made a motion to find the Respondent in violation of the cited City code with a,fine o $250 per day
.not complied by October 18. 2011: seconded by Les Booker. The vote was unanimous in,favor o nding the
Respondent in violation with the flne and date.
3
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
CASE NO.11-765
Refuge Church of Our Lord Jesus Christ
2 vacant lots, 50' x 165', west of 670/672 E. Desoto St.
Clermont, FL 34711
LOCATION OF VIOLATION: 2 vacant lots, 50' x 165', west of 670/672 E. Desoto St., Clermont, FL 34711
VIOLATION: Chapter 34, Section 34-61 (1)(2); Unlawful Maintenance of Nuisances
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, exhibited pictures that are a true and
accurate depiction of the condition of the property on the date taken and read the violation summary as follows:
You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of
Ordinances due to the property being extremely overgrown with tall grass and weed in excess of 18 inches.
Additionally, there are dead branches and debris scattered throughout the property. Compliance of this violation
will be when the premises have been completely cleaned of the items mentioned above, and all vegetation
uniformly trimmed and mowed, with all vegetative debris removed from the property.
Pastor Forehand stated that he was sworn in. He stated that it was unclear of the property lines that he wL_
responsible for. He stated that once the property lines became clear to him, they got someone to clear the
property.
Ken Forte amended his motion to find the Respondent in repeat violation of the cited City code with a fine of
$100; seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in repeat
violation and the amount of the,fine.
CASE NO.11-767
SRGC, LLC & Summit Greens Residents Assn.
Various Retention areas and Stormwater Systems located on Sanctuary Ridge Golf Course
Clermont, FL 34711
LOCATION OF VIOLATION: Various Retention areas and Stormwater Systems located on Sanctuary
Ridge Golf Course, Clermont, FL 34711
VIOLATION: Chapter 86, Section 86-141; Violation of the Condition Use Permit
City Attorney Dan Mantzaris introduced the case.
The Respondent was present.
Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, exhibited pictures that are a true an
accurate depiction of the condition of the property on the date taken and 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
4
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
Ordinances due to the violation of the Conditional Use Permit, Resolution No. 988, adopted on January 27`h,
1998. Section 6- Stormwater Management Plan Requirements, #5 states, "The developer, or duly authorized
and sanctioned Home Owners Association, shall be the entity responsible for the construction and maintenance
of the stormwater management system." The retention areas located on the golf course have become extremely
overgrown with tall grass and weeds, well in excess of 18 inches. There are large tree branches located in the
retention area behind the 2200 block of Caledonian St. There are stormwater system outlets that have
accumulated various types of vegetation and miscellaneous debris; including but not limited to, bottles, plastic,
and paper. Compliance of this violation will be when the following conditions are met in their entirety: All
retention areas have been mowed below 18 inches, with all clippings and vegetative debris removed from the
property. All tree limbs and tree debris is removed from the property. Stormwater systems are sufficiently
cleaned of all miscellaneous debris and vegetation.
Board member Ken Forte stated that he thought that he would have a potential conflict because he is a
homeowner in Summit Greens, but he was advised by Code Enforcement Attorney Valerie Fuchs that he does
not have a conflict.
Board member Alfred Mannella stated that he does have a conflict due to him being a Board member of the
Homeowner's Association and he has filled out the 8B Form to state that. He stated that he was advised that he
could join the discussion but he will not be voting on the issue.
hris Roper, representing the HOA for Summit Greens, stated that it is not appropriate for the Homeowner's
.ssociation to be listed on the violation. He stated that every time SRGC decides to stop maintaining their
property and SRGC asks Code Enforcement to enforce the HOA to pay for it, that this cycle could be repeated
indefinitely. Mr. Roper shared a number of exhibits as evidence that the Homeowner's Association is not
responsible for maintaining the stormwater and retention areas of Summit Greens subdivision. He stated that he
asks that the HOA be dismissed from the violation.
Board member David Holt asked which particular document is being used to shift the burden of the
maintenance from the developer to the golf course owner.
Mr. Roper stated the construction plans is one example where in the notes it states the HOA is responsible for
the roadway drainage. He stated that the master stormwater system and the golf course drainage system are to
be maintained by SRGC. He stated that there are also covenants on the property that allocate the
responsibilities of the stormwater system.
Board member Les Booker asked why has this issue not been resolved through the courts.
Mr. Roper stated that it's expensive to litigate and they were trying to resolve this issue without litigation, this
code enforcement violation came up before reaching a settlement.
City attorney Dan Mantzaris stated that Mr. Roper made the comment that the Conditional Use Permit is a
guideline that changes as the development is created. He stated that in fact the Conditional Use Permit is the
' -.w and must be complied with. He stated that the City is pursuing this matter because the Conditional Use
mnit is not being complied with. He stated that the party's are arguing over the responsibility of the work and
the City wants the Board to state that there is a violation and it's inconsistent with the Conditional Use Permit
and someone has to bring the property into compliance.
5
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
Craig Edwards, SRGC manager, stated that he was sworn in. He explained what a stormwater system consisted
of. He stated that in paragraph four of the agreement between SRGC and the HOA it states the responsibility of
the maintenance of the stormwater and retention areas. He explained how the engineers came up with the 60/40
split for the agreement of the maintenance of the stormwater and retention areas. He stated that the HOA is not
upholding their responsibilities so his only way to make this happen was to stop the maintenance of these areas
and get the City and St. John's Water Management involved.
Board member Myers asked to see the complete agreement between SRGC and the HOA.
Board member Forte stated that the responsibilities look clear to him and it confuses him as to why there is an
issue. He stated that he does not feel it's the Code Enforcement Board's responsibility to settle 1 -gal issues.[
Board member Mannella asked about the ownership of the golf course. 1
Mr. Edwards stated that the Diamond Players Club was the original owners. He stated that they sold it to
Mulligan's Society. He stated that when Mulligan's Society defaulted on their loan, it was deeded to a new
entity titled SRGC, LLC, that was formed for the purpose of taking over the golf course. He stated that there are
about 250 stockholders that own SRGC, LLC.
Board member Booker stated that SRGC and the HOA came to an agreement and he cannot see any better way
to divide the responsibility of the maintenance of the stormwater and retention areas.
Mr. Edwards stated that the plans show how the drainage pipes flow from the golf course and from the
community into the centralized retention areas.
Board member Booker asked if there is an issue of the golf course maintenance itself.
Mr. Edwards stated that there is no issue about the golf course maintenance.
Board member Holt stated that there is a code violation but the question is who is going to fix it. He stated that
it is not the Board's place to get this property into compliance. He stated that he finds Mr. Roper's evidenci in
compelling as to the burden of responsibility being shifted and he believes that the burden falls on both parties. .104
Board member Carter stated that the system is going to get worse the longer the violation exists and it's going to
cost more money to correct the situation the longer the violation exists.
Chairman Purvis asked if any of the stockholders live in Summit Greens.
Mr. Edwards stated that he believes there are stockholders who are homeowners in Summit ,Greens.
ass S�a-b� �6 U-S
Mr. Roper requested 90 days for SRGC and the HOA to try to resolve the dispute and come to an agreement to
bring the property into compliance.
Board member Booker stated that he feels 90 days is excessive for compliance.
Board member Holt stated that he agrees 90 days is excessive.
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
Tom Maibach, 2808 Highland View Circle, stated that he sat in with the mediation and it was stated that SRGC
would maintain the golf course and the retention ponds along with the infrastructure included within the golf
course. He stated that the HOA would care for the infrastructure along the streets to the front of the
subdivisions.
Dave Holt made a motion to find the Respondent in violation of the cited City code with a fine o $250 per day if
not complied by October 18 2011 • seconded by Les Booker. The motion fails due to the vote being 3-3. Board
member Mannella did not vote.
Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day
if not complied by November 15 2011 • seconded by Chandra Myers. The vote was 5-1 in favor of finding the
Respondent in violation with the fine and date with Board member Forte opposing due to lack of proof o['
responsibility and Board member Mannella did not vote.
CASE NO.11-765
Richard L. Pooley
944 Linden St.
Clermont, FL 34711
OCATION OF VIOLATION: 944 Linden St., Clermont, FL 34711
IOLATION: Chapter 14, Section 14-9 (302.1, 307.1); IPMC
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, exhibited pictures that are a true and
accurate depiction of the condition of the property on the date taken and read the violation summary as follows:
You are hereby notified that you are in violation of the referenced sections of the International Property
Maintenance Code, City of Clermont Code of Ordinances, due to the following:
There is a large amount of buckets, furniture, pots, chairs, toys, bikes, and other miscellaneous items located in
the front yard. These items are not permitted to be left out on a permanent basis. Furthermore, garage sales are
only permitted for a period of 48 hours in duration, two times a year. These items have been out for at least six
days. (Sec 307.1 —Accumulation of Rubbish or Garbage, 302.1-Sanatation). Action required to correct
violations: Permanently remove all items from the front yard and store in an appropriate location not visible to
the public.
Dave Holt made a motion to find the Respondent in violation of'the cited City code with no fine assessed at this
time; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation with no
Line.
7
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
CASE NO. 11-766
Rolande A. Darius & Cherubin Jules
2920 White Magnolia Loop
Clermont, FL 34711
LOCATION OF VIOLATION: 2920 White Magnolia Loop, Clermont, FL 34711
VIOLATION: Chapter 58, Section 58-116; Failure to Obtain Business Tax License
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea, stated that she was sworn in, exhibited pictures that are a true and
accurate depiction of the condition of the property on the date taken and 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 your failure to obtain a local business tax receipt for your business, Promised Land Trucking
Inc., which operates from 2920 White Magnolia Loop, Clermont, FL 34711. Compliance of this violation will
be when the required payment of $30.00 is paid at the Planning & Zoning Department at city hall.
Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine o $150 pE
day if not complied by October 3, 2011: seconded by Ed Carter. The motion failed due to the vote being 2--
with Board members Holt, Booker, Forte, Myers and Purvis opposing.
David Holt made a motion to find the Respondent in violation of the cited City code with a fine o $25 per day if
not complied by October 3, 2011: seconded by Carter. The vote was 5-2 in favor of tndingg the Respondent in
violation with the fine and date with Board members Booker and Purvis opposing.
CASE NO.11-771
Lyndon & Gillian Alleyne
611 Scott Street
Clermont, FL 34711
LOCATION OF VIOLATION: 611 Scott Street, Clermont, FL 34711
VIOLATION: Chapter 34, Sections 34-61 (1); Unlawful Maintenance of Nuisances
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the
condition of the property on the date taken and read the violation summary as follows: You are hereby notifie '
that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to th
overgrowth of tall grass, weeds in excess of 18 inches. Compliance of this violation will be when the entire
r•`
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
premises have been completely cleaned of all excess vegetation, underbrush and weeds, and all debris and
garbage removed from the property.
Ken Forte made a motion to find the Respondent in repeat violation of the cited City code with a finc of $250
per day for every day in violation past August 26, 2011. Motion fails due to lack of a second.
Chairman Purvis passed the gavel to Vice -Chair Dave Holt.
Jim Purvis made a motion to find the Respondent in repeat violation of the cited City code with a fine of $100
per dad for every day in violation past September 23, 2011; seconded by Alfred Mannella. The vote was
unanimous in favor of ending the Respondent in repeat violation and amount of the fine.
CASE NO. 11-772
Irene Dantley & Shekilla Perry
328 Chestnut St.
Clermont, FL 34711
LOCATION OF VIOLATION: 328 Chestnut St., Clermont, FL 34711
VIOLATION: Chapter 14 Section 14-9 (302.1)(304.2); IPMC
ity Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the
condition of the property on the date taken and read the violation summary as follows: You are
hereby notified that you are in violation of the referenced sections of the International Property Maintenance
Code, City of Clermont Code of Ordinances, due to the following: The fence is in disrepair, with numerous
panels lying on the ground. (Section 304.2 Protective Treatment -Fences). Compliance of this violation will be
when the following conditions are met: The fence panels must be repaired, or the fence removed.
Dave Holt made a motion to find the Respondent in violation of the cited City code with a fine o $50 per day
or every day in violation past September 30. 2011; seconded by Alfred Mannella. The vote was unanimous in
favor of findine the Respondent in violation and amount of the fine.
CASE NO. 11-773
Owadram Pooran
Brogden Dr. & Lakeview Ave.
Clermont, FL 34711
OCATION OF VIOLATION: Brogden Dr. & Lakeview Ave., Clermont, FL 34711
VIOLATION: Chapter 34, Sections 34-61 (1); Unlawful Maintenance of Nuisances
9
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
SEPTEMBER 20, 2011
City Attorney Dan Mantzaris introduced the case.
The Respondent was not present.
Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the
condition of the property on the date taken and 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
overgrowth of tall grass and weeds in excess of 18 inches on the lot. Compliance of this violation will be when
the entire premises have been returned to a condition met with custom and usual maintenance, completely clean
of all excess vegetation, uniformly trimmed and mowed, with all clippings removed from the property.
Dave Holt made a motion to end the Respondent in violation of the cited City code with no fine assessed at this
time; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation with no
Line.
There being no further business, the meeting was adjourned at 10:41 p.m.
Attest:
Rae Chidlow, Code Enforcement Clerk
James Purvis, Chairman
10
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-778
Petitioner Violation No. 1824
VS.
DAVE SZATMARI & JACKIE FORD,
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 November 15, 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, Dave Szatmari & Jackie Ford, 1286 Carolyn
Dr, Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 8808)
BY: -
Allen LaClair, Code Enforcement Officer
this 25th day of October, 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
September 27, 2011
To: Dave Szatmari & Jackie Ford
1286 Carolyn Dr
Clermont, FL 34711
Property Address: 1286 Carolyn Dr
Parcel Number(s): 23-22-25-010000000900
Violation # 1824
Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES
In Violation Of: Chapter 34, Section 34-61(1) Weeds, (2) Refuse
Titled: "Enumeration of prohibited items, conditions or actions
constituting nuisances."
You are hereby notified that you are in violation of the referenced section of the City of
Clermont Code of Ordinances due to the excessive accumulation of weeds, grass, debris &
rubbish on the property.
Compliance of This Violation will be when all high weeds and grass have been trimmed
and mowed uniformly and evenly below 18" in depth. All construction debris and rubbish
must also be removed.
Please contact me at (352) 241-7304 or alaclair@clermontfl.org when you comply.
You are directed to take action immediately. Failure to remedy the violation within 15 days
will result in a Notice to Appear for a hearing before the Code Enforcement Board.
By:
Allen LaClair
Code Enforcement Officer
Sec. 34-61. Enumeration of prohibited items, conditions or actions constituting nuisances.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public
or private property of any of the following items, conditions or actions are hereby declared to be
and constitute a nuisance:
(1) Weeds. Any weeds such as broom grass, jimson, burdock, ragweed, sandspur or other
similar weeds; or any other vegetation, including grass, other than trees, ornamental bushes,
flowers or other ornamental plants with a height exceeding 18 inches.
(2) Refuse. Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or
decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete, scrap
lumber or other building debris or other refuse of any nature.
(3) Harborage for rats, snakes and other vermin. Any condition which provides harborage for
rats, mice, snakes and other vermin.
(4) Dilapidated buildings. Any building or other structure which is in such a dilapidated
condition that it is unfit for human habitation, or kept in such an insanitary condition that it is a
menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where it is located.
(5) Noises. All unnecessary or unauthorized noises and annoying vibrations, including animal
noises.
(6) Odors and stenches. All disagreeable or obnoxious odors and stenches, as well as the
conditions, substances or other causes which give rise to the emission or generation of such
odors and stenches.
(7) Carcasses of animals. The carcasses of animals or fowl not disposed of within a reasonable
time after death.
(8) Pollution of bodies of water. The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, dead animals, creamery wastes, industrial wastes or other
substances.
(9) Places where illegal activities take place. Any building, structure or other place or location
where any activity which is in violation of local, state or federal law is conducted, performed or
maintained.
(10) Stagnant water. Any accumulation of stagnant water permitted or maintained on any lot or
piece of ground.
(11) Storage of junk in residential areas. The storage or accumulation of junk in any area
zoned for residential use.
(12) Discharge of sewage or grease. Any act resulting in the discharge, dumping or disposal of
any contents of any septic tank, dry well, raw sewage, grease or similar material, regardless of its
source, into or upon any land or body of water within the city, except as may be allowed through
the city's sewer system, or as otherwise authorized by chapter 66 and state law.
(13) Improperly built or maintained private disposal systems. Improperly built or maintained
septic tanks, water closets, or privies.
(14) Health or life threatening activities. Any act by which the health or life of any individual
may be threatened or impaired, or by which or through which, directly or indirectly, disease may
be caused.
(15) Unapproved sewage or grease disposal methods. Any method for disposing of the
contents of any septic tank, dry well, raw sewage, grease or similar material which has not been
approved by the county health department or state department of health and rehabilitative
services.
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-779
Petitioner Violation No. 1832
VS.
JAMES H GANO
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 NOVEMBER 15th, 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, James H Gano, 8413 N Armenia Ave Apt 1009, Tampa, FL
33604-2676 (Certified Mail/Return Receipt Requested# 7009 1680 OR 2�754 9744 ) n A
BY:Way
Il i�� ��-
Suzanna, Code fo ement Officer
this 31 sOctober 2
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
October 3, 2011
To: JAMES H GANO
8413 N ARMENIA AVE APT 1009
TAMPA, FL 33604-2676
Violation # 1832
Certified, Return Receipts Requested #: 7009 1680 0002 3754 9461
Property Address: 1210 10TH STREET, CLERMONT, FL
Parcel Number: 26-22-25-0300-1080-0100
Type of Violation: HIGH GRASS & WEEDS
In Violation Of: Chapter 34, Section 34-61 (1)
Titled: "Unlawful Maintenance of 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 high grass and weeds on the property, in
excess of 18 inches in height.
Compliance of This Violation will be when the property has been mowed so no
grass/weeds exceed 18 inches in height.
Please contact me at (352) 241-7309 or soshea@clermontfl.org when you comply.
You are directed to take the above action for compliance by October 13, 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:
Sec. 34-61. Enumeration of prohibited items, conditions or actions constituting nuisances.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public
or private property of any of the following items, conditions or actions are hereby declared to be
and constitute a nuisance:
(1) Weeds. Any weeds such as broom grass, j imson, burdock, ragweed, sandspur or other
similar weeds; or any other vegetation, including grass, other than trees, ornamental bushes,
flowers or other ornamental plants with a height exceeding 18 inches.
(2) Refuse. Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or
decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete, scrap
lumber or other building debris or other refuse of any nature.
(3) Harborage for rats, snakes and other vermin. Any condition which provides harborage for
rats, mice, snakes and other vermin.
(4) Dilapidated buildings. Any building or other structure which is in such a dilapidated
condition that it is unfit for human habitation, or kept in such an insanitary condition that it is a
menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where it is located.
(5) Noises. All unnecessary or unauthorized noises and annoying vibrations, including animal
noises.
(6) Odors and stenches. All disagreeable or obnoxious odors and stenches, as well as the
conditions, substances or other causes which give rise to the emission or generation of such
odors and stenches.
(7) Carcasses of animals. The carcasses of animals or fowl not disposed of within a reasonable
time after death.
(8) Pollution of bodies of water. The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, dead animals, creamery wastes, industrial wastes or other
substances.
(9) Places where illegal activities take place. Any building, structure or other place or location
where any activity which is in violation of local, state or federal law is conducted, performed or
maintained.
(10) Stagnant water. Any accumulation of stagnant water permitted or maintained on any lot or
piece of ground.
(11) Storage ofjunk in residential areas. The storage or accumulation of junk in any area
zoned for residential use.
(12) Discharge of sewage or grease. Any act resulting in the discharge, dumping or disposal of
any contents of any septic tank, dry well, raw sewage, grease or similar material, regardless of its
source, into or upon any land or body of water within the city, except as may be allowed through
the city's sewer system, or as otherwise authorized by chapter 66 and state law.
(13) Improperly built or maintained private disposal systems. Improperly built or maintained
septic tanks, water closets, or privies.
(14) Health or life threatening activities. Any act by which the health or life of any individual
may be threatened or impaired, or by which or through which, directly or indirectly, disease may
be caused.
(15) Unapproved sewage or grease disposal methods. Any method for disposing of the
contents of any septic tank, dry well, raw sewage, grease or similar material which has not been
approved by the county health department or state department of health and rehabilitative
services.
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-780
Petitioner Violation No. 1840
VS.
HEERAWAN & KALOWTIE SINGH
Respondent
Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take
notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by
the Code Enforcement Board on:
TUESDAY NOVEMBER 15T"5 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, Heerawan & Kalowtie Singh, 120-08 111"'
Ave., Queens, NY 11420 (Certified Mail/Return Receipt R sted# 7009 1680 0 02 3754 9751)
BY:
Suza a hea, Co forcement Officer
this 31 s` d of October 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
October 5, 2011
To: HEERAWAN & KALOWTIE SINGH
120-08 111 TH AVE
QUEENS, NY 11420
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9522
Violation # 1840
Property Address: 979 CORNELL AVE, CLERMONT, FL
Parcel Number: 21 22 26 0307 0002 4300
Type of Violation: UNSAFE POOL
In Violation Of: Chapter 14, Section 14-9
Titled: "International Property Maintenance Code 2006"
(SEE ATTACHED COPY)
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:
• A panel of the pool screen is missing, posing a safety hazard.
• The pool is green and unsanitary, becoming a breeding ground for
mosquitoes. (Section 303.1 Swimming Pools, 303.2 Enclosures)
Action Required to Correct Violations:
• Replace the missing pool screen with some type of protective barrier so no
one can gain entry into the pool area.
• Chemically treat the pool, so the pool is clean and eliminates all mosquitoes.
Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you
comply.
You are directed to take the above action for compliance by October 19, 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:
Suza ne O'Shea
Code En rcement 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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
P'—'-s provided; however, this term shall not include
ated flowers and gardens.
UVULL 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 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 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 0 A
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-781
Petitioner Violation No. 1820
VS.
CRAIG & MELISSA POST
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 NOVEMBER 15th5 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, Craig & Melissa Post, 278 East Ave.,
Clermont, FI 34711 (Certified Mail/Return Receipt Requeste 009 1680 0002 37�4 9,708)
BY:/ _
Suzann 31 t d
a, Cod En orcement Officer
this delo October 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
September 19, 2011 Violation # 1820
CRAIG & MELISSA POST
278 EAST AVE
CLERMONT, FL 34711
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 8617
Property Address: 278 EAST AVE, CLERMONT, FL
Parcel Number: 24 22 25 0400 0040 0700
Type of Violation: EXTERIOR PROPERTY MAINTENANCE
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:
• Excessive height of the hedges along Oak St and East Ave., which causes
visibility issues for vehicles turning north or south onto East Ave.
• The excessive amount of vegetation, garbage, wood, etc., has become a
harborage for vermin.
Grass and weeds in excess of 18 inches.
(Section 302.4 Weeds) (Section 302.5 Rodent Harborage)
(Section 302.1 Sanitation) (301.2 Responsibility)
Compliance of This Violation will be when the premises meet the following
conditions and are completed in its entirety:
• The hedges on East Ave and Oak St. are trimmed in height and width, so to
improve visibility for vehicles turning onto East Ave.
• The property is uniformly trimmed and mowed below 18 inches in height.
• All miscellaneous debris and excess vegetation is removed and properly
disposed of. This includes all abovementioned items, thick underbrush and
overgrown bushes on the property.
You are required to contact me when you comply so an inspection can be scheduled.
(352) 241-7309 or soshea(ED-clermontfl.org
You are directed to take the above action for compliance by September 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.
By:
CHAPTER 3
GENERAL REQUIREMENTS ;
SECTION 309
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 Iand 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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
sh provided; however, this term shall not include
cu -d 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 processesi 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 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 0 9
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-782
Petitioner Violation No. 1843
VS.
JO-EL 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:
TUESDAY NOVEMBER 15th, 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, Jo -El Llc, 340 Bunker Place, Orlando, FI
32804-3010 (Certified Mail/Return Receipt Requested# 7009 16 000 02 3754 9775) n.
BY: k Il —
Suzanne O'She Code nfo ement Officer
this 31 St day o O tober 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
October 7, 2011
To: JO-EL LLC
340 BUNKER PLACE
ORLANDO, FL 32804-3010
Violation # 1843
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9539
Property Address: VACANT LOTS LOCATED BETWEEN 7TH & 8TH ST. ON
MINNEOLA AVE., CLERMONT, FL
Parcel Number: 24 22 25 0100 1140 0901
24 22 25 0100 1140 0300
Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES
In Violation Of: Chapter 34, Section 34-61(1)(2) Weeds & Refuse
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 following conditions that exist on the
property: Excessive overgrowth of tall grass and weeds, thick brush and
undergrowth, and branches and logs.
Compliance of This Violation will be when the following conditions are met:
The entire property is cleaned of all weeds, grass, and excessive vegetation, with all
refuse and vegetative debris removed from the property.
Please contact me at soshea(cD_clermontfl.org or (352) 241-7309, when you
comply.
You are directed to take the above action for compliance by October 21, 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.
r'
By:
-1 anne u ,zjrTea
Cock E forcement Officer
Sec. 34-61. Enumeration of prohibited items, conditions or actions constituting nuisances.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public
or private property of any of the following items, conditions or actions are hereby declared to be
and constitute a nuisance:
(1) Weeds. Any weeds such as broom grass, jimson, burdock, ragweed, sandspur or other
similar weeds; or any other vegetation, including grass, other than trees, ornamental bushes,
flowers or other ornamental plants with a height exceeding 18 inches.
(2) Refuse. Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or
decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete, scrap
lumber or other building debris or other refuse of any nature.
(3) Harborage for rats, snakes and other vermin. Any condition which provides harborage for
rats, mice, snakes and other vermin.
(4) Dilapidated buildings. Any building or other structure which is in such a dilapidated
condition that it is unfit for human habitation, or kept in such an insanitary condition that it is a
menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily
dangerous fire hazard in the vicinity where it is located.
(5) Noises. All unnecessary or unauthorized noises and annoying vibrations, including animal
noises.
(6) Odors and stenches. All disagreeable or obnoxious odors and stenches, as well as the
conditions, substances or other causes which give rise to the emission or generation of such
odors and stenches.
(7) Carcasses of animals. The carcasses of animals or fowl not disposed of within a reasonable
time after death.
(8) Pollution of bodies of water. The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, dead animals, creamery wastes, industrial wastes or other
substances.
(9) Places where illegal activities take place. Any building, structure or other place or location
where any activity which is in violation of local, state or federal law is conducted, performed or
maintained.
(10) Stagnant water. Any accumulation of stagnant water permitted or maintained on any lot or
piece of ground.
(11) Storage of junk in residential areas. The storage or accumulation of junk in any area
zoned for residential use.
(12) Discharge of sewage or grease. Any act resulting in the discharge, dumping or disposal of
any contents of any septic tank, dry well, raw sewage, grease or similar material, regardless of its
source, into or upon any land or body of water within the city, except as may be allowed through
the city's sewer system, or as otherwise authorized by chapter 66 and state law.
(13) Improperly built or maintained private disposal systems. Improperly built or maintained
septic tanks, water closets, or privies.
(14) Health or life threatening activities. Any act by which the health or life of any individual
may be threatened or impaired, or by which or through which, directly or indirectly, disease may
be caused.
(15) Unapproved sewage or grease disposal methods. Any method for disposing of the
contents of any septic tank, dry well, raw sewage, grease or similar material which has not been
approved by the county health department or state department of health and rehabilitative
services.
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-783
Petitioner Violation No. 1862
vs.
ERIC & NICOLE SCHWALBACH
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 NOVEMBER 15, 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, Eric & Nicole Schwalbach, 709 S Main
Ave., Minneola FI 34715 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 9782)
BY: v v
Suzanne O'S Code fo ement Officer
this 1ST day o N ember 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
October 19, 2011 Violation # 1862
To: ERIC & NICOLE SCHWALBACH
709 S MAIN AVE
MINNEOLA FL 34715
Certified, Return Receipts Requested #: 7009 1680 0002 3754 9706
Property Address: 1130 MINNEHAHA AVE., CLERMONT, FL 34711
Parcel Number: 26-22-25-0300-01300-0400
Type of Violation: EXTERIOR MAINTENANCE
In Violation Of: Chapter 14, Section 14-9
Titled: "International Property Maintenance Code 2006"
(SEE ATTACHED COPY)
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:
• High grass and weeds in excess of 18 inches. This includes trimming the
grass/weeds in the front yard that has grown up through the hedges.
(Section 302.4 Weeds)
• Broken window in the front of the house.
(Section 304.13 Windows)
Action Required to Correct Violations:
• The premises, front and back, must uniformly trimmed and mowed below 18
inches in height, with all clippings removed from the property.
• Replace broken window in front of house.
Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply.
You are directed to take the above action for compliance by October 29, 2011. Failure
to remedy the violation within the allotted time will result in a Notice to Appear to a
hearing before the Code Enforcement Board.
By:
SECTION 309
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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
sh--'-- provided; however, this term shall not include
cu -d flowers and gardens.
Upon railure 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 processesi 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 mm) 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 0 9
S
i�
measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self -closing and self -
latching. 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 positively close and latch when released from an
open position of 6 inches (152 mm) from the gatepost. No
existing pool enclosure shall be removed, replaced or changed
in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that
complies with ASTM F 1346 shall be exempt from the
provisions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to
pose a threat to the public health, safety or welfare.
304.2 Protective treatment. All exterior surfaces, including
but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay -
resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and
surfaces repainted. All siding and masonry joints as well as
those between the building envelope and the perimeter of
windows, doors, and skylights shall be maintained weather
resistant and water tight. All metal surfaces subject to rust or
corrosion shall be coated to inhibit such rust and corrosion and
all surfaces with rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains
shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
IF] 304.3 Premises identification. Buildings shall have
approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the
property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4 inches (102 mm) high with
a minimum stroke width of 0.5 inch (12.7 mm).
304.4 Structural members. All structural members shall be
maintained free from deterioration, and shall be capable of
safely supporting the imposed dead and live loads.
304.5 Foundation walls. All foundation walls shall be
maintained plumb and free from open cracks and breaks and
shall be kept in such condition so as to prevent the entry of
rodents and other pests.
304.6 Exterior walls. All exterior walls shall be free from
holes, breaks, and Ioose or rotting materials; 'and maintained
GENERAL REQUIREMENTS
weatherproof and properly surface coated where required to
prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be
sound, tight and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure.
Roof drains, gutters and downspouts shall be maintained in
good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and
in a safe condition.
304.9 Overhang extensions. All overhang extensions
including, but not limited to canopies, marquees, signs, metal
awnings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be
kept in a sound condition. When required, all exposed surfaces
of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather -
coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every
exterior stairway, deck, porch and balcony, and all
appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage and
capable of supporting the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. All exposed
surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather -
coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition,
good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be
maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than
a fixed window, shall be easily openable and capable of
being held in position by window hardware.
304.14 Insect screens. During the period from January 1
through and including December 31, every door, window and
other outside opening required for ventilation of habitable
rooms, food preparation areas, food service areas or any areas
where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 0 10
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-784
Petitioner Violation No. 1861
VS.
BRENDA R EASTMAN
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 NOVEMBER 15, 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, Brenda R Eastman, 1142 Minnehaha
Ave., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 9799)
BY:
Suza hea, Co forcement Officer
this 1 sT d of Novembe 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
October 19, 2011 Violation # 1861
To: BRENDA R EASTMAN
1142 MINNEHAHA AVE
CLERMONT, FL 34711
Certified, Return Receipts Requested #: 7009 1680 0002 3754 9690
Property Address: 1142 MINNEHAHA AVE., CLERMONT, FL 34711
Parcel Number: 26-22-25-0300-01300-0800
Type of Violation: EXTERIOR MAINTENANCE
In Violation Of: Chapter 14, Section 14-9
Titled: "International Property Maintenance Code 2006"
(SEE ATTACHED COPY)
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:
• High grass and weeds in excess of 18 inches.
(Section 302.4 Weeds)
• Cabinets, exercise equipment, tools, boards of wood, etc.
(Section 302.1 Sanitation)
Action Required to Correct Violations:
• The premises, front and back, must uniformly trimmed and mowed below 18
inches in height, with all clippings removed from the property.
• Remove all above -mentioned debris, or store in an enclosed storage area.
Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply.
You are directed to take the above action for compliance by October 29, 2011. Failure
to remedy the violation within the allotted time will result in a Notice to Appear to a
hearing before the Code Enforcement Board.
la
6z ne O'Sheav
E f rcement 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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
sh - provided; however, this term shall not include
cu !d flowers and gardens.
Upon tailure 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 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 mm) 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 0 9
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-785
Petitioner Violation No. 1845
VS.
W/B HANCOCK VILLAGE OWNER LP
C/O CONTINENTAL PROPERTIES
ACQUISITION CORP
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 NOVEMBER 15, 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, W/B Hancock Village Owner Lp, C/O
Continental Properties, Acquisition Corp., 2121 Ponce De Leon Blvd Ste 1250, Coral Gables, FI 33134
(Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 90ON
Suzanne O'She ode En men Officer
this 1ST day of Ijo ember 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
October 10, 2011
To: W/B HANCOCK VILLAGE OWNER LP
C/O CONTINENTAL PROPERTIES
ACQUISITION CORP
2121 PONCE DE LEON BLVD STE 1250
CORAL GABLES, FL 33134
Violation # 1845
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9553
Property Address: 2560 EAST SR 50, CLERMONT, FL 34711
Parcel Number: 09 22 26 1205 0160 0000
Type of Violation: PROPERTY MAINTENANCE
In Violation Of: Chapter 14, Section 14-9 IPMC
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 that exist on the
property:
• The rear area behind the businesses is accumulating stagnant water from the
poor flow/grading leading into the drain system.
(Grading & Drainage Section 302.2)
• The dumpster(s) behind Tijuana Flats have holes, which is discharging fluids
onto the ground and creating an odor, in addition to flies.
(Sanitation 302.1 Sanitation)
Compliance of This Violation will be when the following conditions are met:
• Reslope the area behind the businesses, so that the water drains
continuously and directly into the drain system.
• Replace the dumpster(s) with dumpsters without holes, that do not leak or
smell, and secure tightly. Additionally, please ensure the dumpster door
remain closed at all times.
• Pressure wash all areas of the concrete that are affected by stains, odors,
etc.
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 Monday October 31,
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:
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 309
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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
slu provided; however, this term shall not include
cu; A flowers and gardens.
Upon failure of the owner or agent having charge of a property
to out 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 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 0 9
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT, Case No. 11-786
Petitioner Violation No. 1859
VS.
TRADITIONS PROPERTIES 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:
TUESDAY NOVEMBER 15, 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, Traditions Properties LLC, 6930 Gall
Blvd., Zephyrhills, FI 34711 (Certified Mail/Return Receipt Rested# 7009 1680 0002 4'�P4 9829)
BY:
Suzanne 0Sr—a, Code En c ment Officer
this 1ST day ovember 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
October 18, 2011
To: TRADITIONS PROPERTIES LLC
6930 GALL BLVD
ZEPHYRHILLS, FL 34711
Violation # 1859
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9669
Property Address: TWO VACANT LOTS LOCATED IN THE 1000 BLK OF
MONTROSE ST., CLERMONT, FL
Parcel Number: 24 22 25 0100 1140 0100
24 22 25 0100 1140 0101
Type of Violation: High grass/Weeds
In Violation Of: Chapter 14, Section 14-9
Titled: "International Property Maintenance Code 2006"
(SEE ATTACHED COPY)
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:
• High grass and weeds in excess of 18 inches
(Section 302.4 Weeds)
Action Required to Correct Violations:
• Mow grass and weeds on the property, including to the street right -of- way
Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you
comply.
You are directed to take the above action for compliance by Friday October 28,
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:
Suza O'Shea
Code Enf r ement C
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 309
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 shalt 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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
sh provided; however, this term shall not include
cu -d flowers and gardens.
Upon railure 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 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 0 9
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
7
CITY OF CLERMONT, Case No. 11-786
Petitioner Violation No. 1859
VS.
VERENA RINEHART
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 NOVEMBER 15, 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 Verena Rinehart, 258 2"d St., Clermont, FI
34711 (Certified Mail/Return Receipt Requested# 7009 1680 K02 754 9812) (1 n
BY: \-,-
Suzanne O SI
, Code cement Officer
this 1ST day ovember 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
October 13, 2011
To: VERENA RINEHART
258 2ND STREET
CLERMONT, FL 34711
Violation # 1855
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9645
Property Address: 258 2ND STREET, CLERMONT, FL
Parcel Number: 24-22-25-0400-0070-1800
Type of Violation: EXTERIOR MAINTENANCE
In Viol.uon Of: Chapter 14, Section 14-9
Titled: International Property Maintenance Code 2006
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 miscellaneous debris around the property.
Including but not limited to, propane tank, wood, concrete blocks, plastic
inflatables, kids toys, etc (Section 302.1 Sanitation)
• The fence is in disrepair, with numerous panels lying on the ground, and slats
missing. (Section 304.2 Protective Treatment -Fences)
• Grass and weeds in excess of 18 inches (Section 302.4 Weeds)
• Roof, exterior siding, and the soffits on the house are in disrepair.
(Section 304.2- Protective Treatment, Section 304.6- Exterior Treatment)
• Exterior windows of the residence are boarded shut.
(Section 304.13.2 Openable Windows, Section 702.4 Emergency escape
openings)
Compliance of This Violation will be when the following conditions are met:
• Remove miscellaneous debris around the property.
• Repair fence panels and slats that are missing.
• Mow grass and weeds so they are not in excess of 18 inches
• Repair roof, exterior siding, and the soffits.
• Replace boards with functional windows.
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 October 31, 2011.
Failure to remedy the violation within the allotted time will result in a hearing before
the Code Enforcement Board.
M
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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
ated flowers and gardens.
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 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 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
{
r'
measured on the side of the barrier away from the pool. Gates
and doors in such barriers shall be self -closing and self -
latching. 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 positively close and latch when released from an
open position of 6 inches (152 nun) from the gatepost. No
existing pool enclosure shall be removed, replaced or changed
in a manner that reduces its effectiveness as a safety barrier.
Exception: Spas or hot tubs with a safety cover that
complies with ASTM F 1346 shall be exempt from the
provisions of this section.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained
in good repair, structurally sound and sanitary so as not to
pose a threat to the public health, safety or welfare.
304.2 Protective treatment. All exterior surfaces, including
but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences shall be maintained
in good condition. Exterior wood surfaces, other than decay -
resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment.
Peeling, flaking and chipped paint shall be eliminated and
surfaces repainted. All siding and masonry joints as well as
those between the building envelope and the perimeter of
windows, doors, and skylights shall be maintained weather
resistant and water tight. All metal surfaces subject to rust or
corrosion shall be coated to inhibit such rust and corrosion and
all surfaces with rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains
shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
IF] 304.3 Premises identification. Buildings shall have
approved address numbers placed in a position to be plainly
legible and visible from the street or road fronting the
property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4 inches (102 mm) high with
a minimum stroke width of 0.5 inch (12.7 nun).
304.4 Structural members. All structural members shall be
maintained free from deterioration, and shall be capable of
safely supporting the imposed dead and Iive loads.
304.5 Foundation walls. All foundation walls shall be
maintained plurpb and free from open cracks and breaks and
shall be kept in such condition so as to prevent the entry of
rodents and other pests.
304.6 Exterior walls. All exterior walls shall be free from
holes, breaks, and loose or rotting materials; 'and maintained
GENERAL REQUIREMENTS
weatherproof and properly surface coated where required to
prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be
sound, tight and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or
deterioration in the walls or interior portion of the structure.
Roof drains, gutters and downspouts shall be maintained in
good repair and free from obstructions. Roof water shall not
be discharged in a manner that creates a public nuisance.
304.8 Decorative features. All cornices, belt courses, corbels,
terra cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and
in a safe condition.
304.9 Overhang extensions. All overhang extensions
including, but not limited to canopies, marquees, signs, metal
awnings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be
kept in a sound condition. When required, all exposed surfaces
of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather -
coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every
exterior stairway, deck, porch and balcony, and all
appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with proper anchorage and
capable of supporting the imposed loads.
304.11 Chimneys and towers. All chimneys, cooling towers,
smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. All exposed
surfaces of metal or wood shall be protected from the elements
and against decay or rust by periodic application of weather -
coating materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall
be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition,
good repair and weather tight.
304.13.1 Glazing. All glazing materials shall be
maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than
a fixed window, shall be easily openable and capable of
being held in position by window hardware.
304.14 Insect screens. During the period from January 1
through and including December 31, every door, window and
other outside opening required for ventilation of habitable
rooms, food preparation areas, food service areas or any areas
where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of not
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 0 10
CHAPTER 7
FIRE SAFETY REQUIREMENTS
SECTION 701
GENERAL
701.1 Scope. The provisions of this chapter shall govern the
minimum conditions and standards for fire safety relating to
structures and exterior premises, including fire safety facilities
and equipment to be provided.
701.2 Responsibility. The owner of the premises shall provide
and maintain such fire safety facilities and equipment in
compliance with these requirements. A person shall not
occupy as owner -occupant or permit another person to occupy
any premises that do not comply with the requirements of this
chapter.
IF] SECTION 702
MEANS OF EGRESS
702.1 General. A safe, continuous and unobstructed path of
travel shall be provided from any point in a building or
structure to the public way. Means of egress shall comply with
the International Fire Code.
702.2 Aisles. The required width of aisles in accordance with
International Fire Code shall be unobstructed.
702.3 Locked doors. All means of egress doors shall be
readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort,
except where the door hardware conforms to that permitted by
the International Building Code.
702.4 Emergency escape openings. Required emergency
escape openings shall be maintained in accordance with the
code in effect at the time of construction, and the following.
Required emergency escape and rescue openings shall be
operational from the inside of the room without the use of
keys or tools. Bars, grilles, grates or similar devices are
permitted to be placed over emergency escape and rescue
openings provided the minimum net clear opening size
complies with the code that was in effect at the time of
construction and such devices shall be releasable or removable
from the inside without the use of a key, tool or force greater
than that which is required for normal operation of the escape
and rescue opening.
IF] SECTION 703
FIRE -RESISTANCE RATINGS
'7113.1 Fire -resistance -rated assemblies. The required fire-
istance rating of fire -resistance -rated walls, fire stops, shaft
miclosures, partitions and floors shall be maintained.
703.2 Opening protectives. Required opening protectives
shall be maintained in an operative condition. All fire and
smokestop doors shall be maintained in operable condition.
Fire doors and smoke barrier doors shall not be blocked or
obstructed or otherwise made inoperable.
IF] SECTION 704
FIRE PROTECTION SYSTEMS
704.1 General. All systems, devices and equipment to detect a
fire, actuate an alarm, or suppress or control a fire or any
combination thereof shall be maintained in an operable
condition at all times in accordance with the International Fire
Code,
704.2 Smoke alarms. Single or multiple -station smoke alarms
shall be installed and maintained in Groups R-2, R-3, R-4 and
in dwellings not regulated in Group R occupancies, regardless
of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate
sleeping area in the immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including
basements and cellars but not including crawl spaces
and uninhabitable attics. In dwellings or dwelling
units with split levels and without an intervening
door between the adjacent levels, a smoke alarm
installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is
less than one full story below the upper level. Single
or multiple -station smoke alarms shall be installed in
other groups in accordance with the International
Fire Code.
704.3 Power source. In Group R occupancies and in
dwellings not regulated as Group R occupancies, single -
station smoke alarms shall receive their primary power from
the building wiring provided that such wiring is served from a
commercial source and shall be equipped with a battery
backup. Smoke alarms shall emit a signal when the batteries
are low. Wiring shall be permanent and without a
disconnecting switch other than as required for overcurrent
protection.
Exception: Smoke alarms are permitted to be solely
battery operated in buildings where no construction is
taking place, buildings that are not served from a
commercial power source and in existing areas of
buildings undergoing alterations or repairs that do not
result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl space
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 0 19
Code Enforcement Board of the
City of Clermont
NOTICE OF HEARING
CITY OF CLERMONT Case No. 11-788
Petitioner Violation No. 1793
VS.
KADRY R ALLABOUN
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 NOVEMBER 15TH, 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 Regular Mail and Certified Mail/Return Receipt Requested to Respondent, Kadry R
Allaboun, 100 Village Circle Way Apt 822, Durham, Nc 27713
(Certified Mail/Return Receipt Requested #7009 1680 0002 3754 9843)
l
Suisn'r ne O' ea, Code kf9ircement Officer
this 4th day qf jNovember 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
'ROCEEDINGS 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
August 3, 2011 Violation # 1793
To: KADRY R ALLABOUN
100 VILLAGE CIRCLE WAY APT 822
DURHAM, NC 27713
Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 7443
Property Address: 1617 12T" ST. & 1680 ROSEWOOD DR., CLERMONT, FL
Parcel Number: 26 22 25 0300 000 11800 & 26 22 25 0300 000 14600
Type of Violation: EXTERIOR PROPERTY MAINTENANCE
In Violation Of: Chapter 14, Section 14-9
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 following:
• Weeds and grass in excess of 18 inches in height. (Section 302.4-weeds)
• Accumulation of thick underbrush below trees, extreme overgrowth of bushes,
broken limbs and branches, fallen trees, and various debris around the
properties. (Section 302.4 weeds, Section 302.5 Rodent Harborage, Section
302.1 Sanitation)
• The sidewalk is covered by leaves and dirt, in addition to it being impassable
from low branches which are blocking the path. (Section 302.3-sidewalks and
driveways)
• The properties have had no water usage since 2002 and 2005. The houses
and sheds are covered in leaves, broken branches, cobwebs, dirt, etc. and
cause a blighting problem in the neighborhood. The shed is unsecured, and is
considered an attractive nuisance. (Section 301.3 Vacant Structures and Land)
Compliance of This Violation will be when all of the premises have met the
following conditions:
• Cut all weeds and grass below 18 inches.
• Cut and clean around all trees and bushes, remove all dead trees, branches
and tree limbs, in addition to removing all miscellaneous debris and refuse
from the property.
• Clear the sidewalk from all dirt, leaves, grass, etc. Edge alongside the
sidewalk ensuring a clear, safe path of travel.
• Secure the sheds and residences, so there is no unpermitted entry.
• Clean off the roofs, siding, and walkways so they are free from dirt, mildew,
leaves, branches, cobwebs, etc.
Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you
comply.
You are directed to take the above action for compliance by September 1, 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:
uz a O'Shea
Code E6fokement 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 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
hazardous conditions.
302.4 Weeds. All premises and exterior property shall be
maintained free 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
vated flowers and gardens.
n 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 processesi 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 (12I9 mm) in height above the finished ground level
2006 INTERNATIONAL PROPERTY MAINTENANCE CODE
P�
Michael P. McMahon•
Akerman Senterfitt
420 South Orange Avenue
Suite 1200
Orlando, FL 32801-4904
Tel: 407.423.4000
Fax: 407.843.6610
November 10, 2011
Mr. James T. Purvis, Chairman
Code Enforcement Board
City of Clermont
685 W. Montrose Street
Clermont, FL 34711
Re: Summit Greens Residents' Association and SRGC LLC
Case No.: CEB 11-767
Dear Mr. Purvis:
I represent Summit Greens Residents' Association (SGRA). I am contacting you
to let you know the extent of the maintenance being performed by the Association. In
December 2009 a Stipulated Final Declaratory Judgment was entered by the Lake County
Circuit Court spelling out the obligations of Summit Greens Residents' Association and
SRGC, LLC for the maintenance of the storm water system located on golf course
property. SRGC, LLC has ceased performing and the Association has repeatedly
attempted to obtain compliance, but to no avail. Although the Association has not been
able to get SRGC, LLC, to fulfill its obligations under the judgment, the Association is
nonetheless proceeding to perform fully under the Stipulated Final Declaratory Judgment
and is assuming, for now, additional work that goes beyond its responsibilities.
The dry retention areas fall into 4 categories: (1) Those that handle 100%
residential water [to be 100% HOA responsibility]; (2) Those that handle 100% golf
course water [to be 100% golf course responsibility]; (3) Those with commingled water
and not serving a dual purpose of drainage and golf course use [to be 60/40 and not
subject to first being maintained to golf course standards]; and (4) Those with
commingled water serving a dual purpose of both drainage and golf course use [to be
60/40 after first being maintained to golf course standards]. In determining whether a dry
retention area serves commingled water, the Association has reviewed the stormwater
management plans prepared by Miller-Sellen and physically inspected each area.
akerman.com
BOCA RATON DALLAS DENVER FORT LAUDERDALE JACKSONVILLE LAS VEGAS LOS ANGELES MADISON MIAMI NAPLES
NEW YORK ORLANDO PALM BEACH SALT LAKE CITY TALLAHASSEE TAMPA TYSONS CORNER WASHINGTON, D.C.
WEST PALM BEACH
(22636752;1)
Mr. Jim Purvis
November 10, 2011
Page 2
We identify 38 dry retention areas, which is a couple more than on Clermont's
aerial. The difference is that we have included some areas on the Miller-Sellen plans that
do not seem to be in controversy at this time. Using Clermont's labels, we categorize
these areas as follows:
A. 5 areas are 100% residential drainage. [IA, 1C, 1J 2i and 7B].
The Association has mowed these areas and cleaned up all the fallen branches.
B. Eight areas are 100% golf course [3E, 21), 2A, 2B, 1 ia, 'Pond Existing' (by hole
15), 6A and 6C plus 2 areas not on the Clermont aerial.]
The Association has not touched these areas, and does not know whether SRGC will do
anything or not to maintain these areas.
C. Two areas are commingled and not part of the course itself. [ 3G (previously
identified in a city report as 3G but in all other documents is referred to as 3C)
and the Hole 13 (7F) area where the tree branches fell, which was not on
Clermont's aerial, but was going to be added to the Code Enforcement stormwater
diagram.]
The Association owns the land where 3G (3C) and 7F are located. They have been
mowed.
D. 19 areas are commingled and also part of the course [ 2C, 2E, liB, 1G, 1F, 1B,
IE, 2F, 2G, 3F2, 3F1, 7C, 7G, 71), 7E, 6B, 5A, 3A and 3B].
The Association has not, and will not, mow areas which should be mowed as part of
normal golf course maintenance. Under the Stipulated Final Declaratory Judgment,
SRGC is obligated to maintain the golf course as a golf course prior to the Association
having stormwater maintenance responsibilities. These areas are owned by SRGC, LLC.
Based on our most recent conversation with SRGC, we have no idea whether SRGC will
do anything to maintain these areas. They have not indicated that they are willing to
accept what is clearly their responsibility.
E. Three areas are commingled ponds on the course where some of the area could be
considered "not in play." These three "to be categorized" areas are large ones:
areas 2H, 3D and 4A on the Clermont aerial. The Association is mowing the "not
in play" parts of these golf course owned stormwater areas. These parts are where
they adjoin residences, from the yard boundaries to the base of the hill. The
Association is undertaking this work for the benefit of residents although no
determination has occurred regarding responsibility under the Stipulated Final
(22636752;11
Mr. Jim Purvis
November 10, 2011
Page 3
Declaratory Judgment. The Association is not mowing the pond hillsides
adjoining the golf course fairways.
Additionally, the Association has cleaned up all trash washed into the ponds along
Hancock, and will continue doing so as rains deposit new trash. Further, the Association
has had the wash-out/erosion at Hole 15, Pond 6B [Hancock drainage] repaired (at very
substantial expense). SRGC has not done a thing to address these matters.
At this time, the only areas where mowing is needed are on SRGC-owned land,
and are part of the actual field of play of the golf course itself, or the practice range, or
receive only the drainage of the golf course property per the Miller-Sellen stormwater
management plans.
All lands owned by the Association have been mowed, and also all areas
receiving drainage from the residential portions of Summit Greens which are not part of
the actual field of play have been mowed by the Association.
The Association cannot do more without taking over maintenance of the golf
course itself, which it will not do. It is an unreasonable expectation that the Homeowner's
Association take on the financial burden of what is clearly the obligation of the privately
owned golf course. Much that the Association has done constitutes an obligation shared
with SRGC, and the Association will look to SRGC for reimbursement per the Stipulated
Final Declaratory Judgment.
As you know, the Code Enforcement Board determined that both parties bore
responsibility for the overgrowth. The Association has done everything it can do without
taking over golf course maintenance. We hope SRGC will do the rest of what needs to be
done, particularly since it involves normal maintenance of its own golf course.
The Association welcomes the Code Enforcement Board and Staff to visit the
property to inspect and confirm the work it has done.
Please let me know if there are any questions.
P. McMahon
cc: Parties on attached list
{22636752;1}
Service List:
Wayne Saunders, City Manager
Code Enforcement Board
Alfred Mannella
Ken Forte
Les V. Booker
Timothy L. Murry
Dave Holt
City Council:
Mayor Harold Turville, Jr.
Council Member Keith Mullins
Mayor Pro Tern Ray Goodgame
Council Member Jack Hogan
Council Member Rick VanWagner
Jim Hitt, Planning Director
Suzanne O'Shea, Code Enforcement Officer
Daniel F. Mantzaris, City Attorney
Valerie Fuchs, Code Enforcement Board Attorney
SRGC, LLC
Attn: Craig Edwards
{22636752;1}