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01-17-2012 Supporting DocumentsE CODE ENFORCEMENT BOARD MEETING JANUARY 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES OF THE CODE ENFORCEMENT BOARD MEETING FOR NOVEMBER 15, 2011 OPENING STATEMENT SWEARING IN WITNESSES AGENDA sommonswommmmmmmmmummmmmmmoommoommommmmmmmmmmmmmommmmmmmmmsnmmmmmmmommmommmummI NEW BUSINESS LaClair CASE NO. 12-790�� Lost Lake Reserve, LLC �^ � n�l� Lost Lake Tracts: 7D, 6 including Sub lots A & B, ' �' l F, A and 7A Clermont, FL 34711 VIOLATION: LaClair CASE NO. 12-791 (K�)J Chapter 34, Section 34-95 (1)(2) Unlawful Maintenance of Nuisances Kankoo Enterprises Hancock Rd. & E. Highway 50 Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) a\gip NO., Unlawful Maintenance of Nuisances O'Shea (C�A�SE NO. 12-792 �J Ali H. Jawad Towerview Office Complex Clermont, FL 34711 VIOLATION: Section 118-35 & 118-36 Failure to Maintain Landscape O'Shea CASE NO. 12-793 Karl R. Smith, Trustee Vacant lot 600-700 Block of Prince Edward Ave. CAS Clermont, FI 34711 VIOLATION: Chapter 14 Sections 14-9 (302.4)(302.5) �' ��7.�\a IPMC- High Grass & Weeds CODE ENFORCEMENT BOARD MEETING JANUARY 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. O'Shea CASE NO. 12-794 ,tb\XA 4-1 VIOLATION: O'Shea CASE NO. 12-795 �vo-o�x2 �l Miche Chicoye 561 Minneola Avenue Clermont, FL 34711 Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances William & Renee Banzhaf 790 Minneola Avenue Clermont, FL 34711 VIOLATION: Chapter 14, PMC Weeds, Rodon 14-9 ent, t, Sanitation(302.5)(302.1) O'Shea CASE NO -796 Elex & Dorthea Newsome North west corner of Scott St. & Desoto St. Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2) Unlawful Maintenance of Nuisances O'Shea CASE NO. 12-7971� Belgian Capital Fund, LLC South Lake Medical Arts Center M ��S Oakley Seaver Blvd. y Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 Chapter 34, Section 34-61 (1) Failure to Maintain Landscape Unlawful Maintenance of Nuisances LaClair CASE NO. 12-799 (a) mr�>,AYOI�A \� g�x- j Gerald A. & Frances R. Smith 1650 Morning Dr. Clermont, FL 34711 VIOLATION: bj a1 Chapter 34, Section 34-61 (1)(2) ap, Unlawful Maintenance of Nuisances O'Shea CASE NO. 12-800 Hurtak Family Partnership LTD c/o American Financial Realty Trust 690 E. Highway 50 Clermont, FL 34711 2 CODE ENFORCEMENT BOARD MEETING JANUARY 17, 2012 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. VIOLATION: Chapter 118, Section 118-35 Failure to Maintain Landscaping -`, ^ OTHER BUSINESS O'Shea CASE NO. 09-504 (�(� ` , ` �lvj�1 A First National Bank of Mount Dora, Trustee F/B/O Opal Simer Bailey 1320 US Highway 27 Clermont, FL 34711 REQUEST: Request for Extending Compliance Date CASE NO. 09-564 Stephen R. & Veronica Przyblowski Requested by Grace Title 1066 Linden St. Clermont, FL 34711 REQUEST: Reque org�veness VIOLATION: Chapter 118, Se 118-35 Maintenance and Pruning CASE NO. 11-7366 Evelio Dehoyos & Elin Satory 533 Carrol St. MW\n-Wot Clermont, FL 34711 REQUEST: ` l �'�" R�uest foY Forgiveness VIOLATION: \ Chapter 14, Section 14-9 ►� tp �� Exterior Property Maintenance CURRENT STATUS & LIEN REPORT ADJOURN ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THE CODE ENFORCEMENT BOARD AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS. FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), IF ANY PERSON WITH A DISBILITY AS DEFINED BY THE ADA NEEDS SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING, THEN NOT LATER THAN TWO (2) BUSINESS DAYS PRIOR TO THE PROCEEDING, HE OR SHE SHOULD CONTACT THE PLANNING DEPARTMENT AT 352-394-4083 EXT 302. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 15, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 15, 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, Allen LaClair, Water Conservation Coordinator/Code Enforcement Officer, Dan Mantzaris, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney and Rae Chidlow, Administrative Assistant. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of September 20, 2011 were approved as amended. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Allen LaClair, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case Nos. 11-779, 11-784, 11-785, 11-786 and 11-788 have complied and will not be heard. 'ASE NO. 11-778 Dave Szatmari & Jackie Ford 1286 Carolyn Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1286 Carolyn Drive, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-95 (1)(2) Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Allen LaClair, who 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 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. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $100 per day not complied by December 20. 2011; seconded by Alfred Mannella. The vote was unanimous in favor of nding the Respondent in violation with the fine and date. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 15, 2011 CASE NO. 11-780 Heerawan & Kalowtie Singh 979 Cornell Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 979 Cornell Avenue, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (303.1)(303.2); IPMC-Swimming Pools & Enclosures City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who 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: 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. Chairman Purvis stated that he would like the City to take in consideration the neighbors who have to look at the house while it's in foreclosure if the City is the entity that secures the pool. Board member Forte stated that for about $150 the City could probably rescreen the missing section. Alfred Mannella 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 December 20, 2011 and to declare this property a threat to life, health, and safety of the public and to take the neighbors into consideration when making a decision on how they correct the violation: seconded by Les Booker. The vote was unanimous in favor oLftnding the Respondent in violation with the fine and date. CASE NO.11-781 Craig & Melissa Post 278 East Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 278 East Ave., Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4)(302.5)(302.1)(301.2); IPMC-Weeds, Rodent Harborage, Sanitation and Responsibility City Attorney Dan Mantzaris introduced the case. The Respondent was not present. F CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 15, 2011 Code Enforcement Officer Suzanne O'Shea, who 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: 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. Ken Forte 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 December 20. 2011: seconded by Chandra Mvers. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO. 11-782 Jo -el, LLC Iacant lots located between 7th & 8`h St. on Minneola Avenue _'lermont, FL 34711 LOCATION OF VIOLATION: Vacant lots located between 7th & 8fl' St. on Minneola Avenue, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-95 (1)(2) Unlawful Maintenance of Nuisances City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Suzanne O'Shea, who 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 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. Les Booker 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 December 20. 2011: seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 15, 2011 CASE NO. 11-783 Eric & Nicole Schwalbach 1130 Minnehaha Avenue Clermont, FL 34711 LOCATION OF VIOLATION1130 Minnehaha Avenue, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4)(304.13); IPMC-Weeds, Windows 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: 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. Alfred Mannella made a motion to find the Respondent in violation of the cited City code with a fine of $100 nE day if not complied by December 20, 2011: seconded by Chandra Myers. The vote was unanimous in favor of findini, the Respondent in violation with the fine and date. CASE NO.11-787 Verena Rinehart 258 2' Street Clermont, FL 34711 LOCATION OF VIOLATION 258 2nd 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. 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 c r miscellaneous debris around the property. Including but not limited to, propane tank, wood, concrete block; plastic inflatables, kid's 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 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 15, 2011 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. Les Booker made a motion to find the Respondent in violation of the cited City code with a flne o $100 per day if not complied by December 20, 2011 for the exterior violations and a fine of $100 per day if not complied by May 15, 2012 for the interior violations; seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation with the fine and date. CASE NO.11-749 Nationstar Mortgage representing: Gabriele R. Bourguignon 370 Crystal Lake Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 370 Crystal Lake Dr., Clermont, FL 34711 ;EQUEST: Request for Fine Reduction City Attorney Dan Mantzaris introduced the case. The Respondent was not present. David Holt made a motion to reduce the fine from $8, 750.00 to $500.00: seconded by Ken Forte. The vote was unanimous infavor of reduction of the ane. There being no further business, the meeting was adjourned at 8:15 p.m. Attest: —.ae Chidlow, Code Enforcement Clerk James Purvis, Chairman 5 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-792 Petitioner Violation No. 1856 VS. ALI H JAWAD 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 January 17" 2012, 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, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Ali H Jawad, 2970 W State Road 426, Oviedo, FI 32765 (Certified Mail/Return Receipt Requested# 7011 1150 0001 2386 7326) BY: / Suz ne Shea, Cod9 Enforcement Officer th 8th day of December 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 November 17, 2011 Violation #1856 To: ALI H JAWAD 2970 W STATE ROAD 426 OVIEDO, FL 32765 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9874 Property Address: TOWERVIEW OFFICE COMPLEX, 194 HIGHWAY 27, CLERMONT, FL 34711 Parcel Number: 24-22-25-0150-OG00-0001 Type of Violation: Failure to maintain landscape In Violation Of: Section 118-35 Maintenance and pruning Section 188-36 Plant Material (see attached copy) Type of Violation: Illegal Sign In Violation Of: Section 102-3 (b)(3) Enforcement; removal of unlawful signs and (f) Signs no longer in use. (see attached copy) You are hereby notified that you are in violation of the referenced chapter of the City of Clermont Code of Ordinances due to the following violations: 1. Failure to maintain the landscaping around the property. 2. Illegal sign advertising "Sweepstakes" located on the TowerView Sign at the entrance of the complex. Compliance of This Violation will be when the following conditions are met in their entirety: 1. All landscape vegetation is sufficiently replaced and maintained so that all plant life is healthy, neat, and orderly. All plantings must adhere to the location, size, and quality of plant required. (Please see attached) • Unbroken Hedges around the perimeter of the property -Two feet in height upon planting, 30 inches apart on center 2. Permanently remove 'Sweepstakes' sign. Please contact me at (352) 241-7309 or soshea(ftlermontfl.org when you comply. You are directed to take the above action for compliance by December 9 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing b,efgre the Code Enforcement Board. By: '/ S lzanne $ a Co a\Enforcement Officer Sec. 118-35. Maintenance and pruning. Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this chapter if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section l I8-113(d)(2). Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise (i.e. view, signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse and a violation of this Code. Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. (Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04) Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping and derived from Ord. No. 281-C, § I (ch. 13, § 3 (E)), adopted November 8, 1994 Sec. 118-36. Plant material. (a) Quality. Plant materials used in conformance with provisions of this chapter shall meet specifications of Florida No. 1 grade or better, according to the current edition of Grades and Standards for Nursery Plants of the state department of agriculture. (b) Trees. (1) Trees shall be species having an average mature spread of crown of greater than 15 feet and having trunks which can be maintained in clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of 15 feet of crown spread. (2) Canopy tree species shall be container grown in a minimum 65-gallon container. Canopy trees shall be a minimum of three inches in caliper, have a minimum six-foot spread, and be a minimum of 12 feet in overall height immediately after planting. Canopy trees shall meet the standards as specified in section 118-2. The location of trees of any species known to have a root system capable of causing damage to roadways or utilities shall require staff approval. (3) Understory tree species shall be a minimum of eight feet in overall height immediately after planting with a four foot spread, and shall meet the standards as specified in section 118-2. (4) Sixty percent of required canopy trees in parking lots shall be live oak trees. (c) Shrubs. Shrubs shall be a minimum of two feet in height and 30 inches on center when measured immediately after planting. (d) Hedges. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of two years from the time of planting. (e) Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as specified. (f) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such manner as to present a finished appearance and provide reasonably complete coverage within 12 months after planting. (g) Lawn grass. Grass areas may be sodded, plugged, sprigged or, in certain instances where large acreage development occurs, hydroseeded. Solid sod or other approved ground cover shall be required on all platted lots one -quarter acre or less, in all rights -of -way, stormwater retention areas and swales, and on areas where relief indicates the property may be subject to erosion. On lots one -quarter acre or greater, at least one -quarter acre of the parcel shall be sodded or covered with an approved ground cover. Areas proposed for hydroseeding shall be approved by the administrative official or the established designee thereof. (h) In an effort to foster water conservation, new commercial, multifamily, common green areas in subdivisions and retention ponds shall use bahia grass or other approved drought tolerant ground cover. (Ord. No. 281-C, § l(ch. 13, § 3(F)), 11-8-94; Ord. No. 294-C, § 2, 9-28-99; Ord. No. 309-C, § II, 6-26-01; Ord. No. 310-C, § 2, 7-24-01; Ord. No. 311-C, § 1, 11-13-01; Ord. No. 3 3 8-C, § 1, 6-22-04) 3776079 ' Or —" VILLA CT I► AN 3776078 * ) �` i p Jp i _'. 1087236 3776058 irw 161617 4 0 - .- 1� +Mi. •� r ; arR • M � 'At P. N fn .;%. '� �'r i a t` � y � r"f �' ��s t�r. �. rsy �_: Ar ;.. Y �s. A � •. h -r ..' I t. V Wr :�1 �.i�. ��W �II7II [II7It //%/�/��n1I II /�///�/ I(I�II f�,.Y�J7 f � '.Y � r � 9 �F%�/r'•s O ll � ll O � L_I`/ Y L7 � � V A IS iiiiiiiiiiiiiiie� —9 -10 11 12 13 1.4 8 15 io �. •- -- a�os=a.nw ci bl 1'�'��i�l f _V � Code Enforcement Board of the .City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-794 Petitioner Violation No. 1888 VS. MICHE CHICOYE 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 January 17th 2012, 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, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Miche Chicoye, 1645 Penzance Rd, Clermont, FI 34711 (Certified Mail/Return Rec�Requested# 7011 1150 000h2386 7340) BY: pkO'Shea, Code Enforcement Officer thi4 28th day of December 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. i City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE December 6, 2011 Violation # 1888 To: MICHE CHICOYE 1645 PENZANCE RD CLERMONT, FL 34711 Certified Mail, Return Receipt Requested #: 7011 1150 0001 2386 7234 Property Address: 561 MINNEOLA AVE., CLERMONT, FL Parcel Number: 19 22 26 1100 0000 0500 Alternate Key: 1625289 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 (1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following: • The property is extremely overgrown with tall grass and weeds, in excess of 18 inches. Compliance of This Violation will be when the premise is uniformly trimmed below 18 inches, with all clippings and debris removed from property and disposed of properly. You are required to contact me when you comply so an inspection can be scheduled. (352) 241-7309 or soshea(&-clermontfl.org You are directed to take the above action for compliance by December 16, 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: Su nne VShda) Code Efflorcement Officer 1 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. r CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, Vs. FIRST NATIONAL BANK OF MOUNT DORA, TRUSTEE FB/O OPAL SIMER BAILEY Respondent. Case No: CEB 09-504 Clermont Motor Lodge 1320 US Highway 27 Clermont, Florida 34714 SECOND ORDER EXTENDING COMPLIANCE DATE THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on May 17, 2011 at the request of the Respondent for an order extending the compliance date set forth in the Board's Findings of Fact, Conclusion of Law and Order dated July 16, 2009 and the Board having heard from Respondent by its Attorney, Del Potter and Representative, William J. Binneveld, and the City having advised the Board that it did not object to an extension of the compliance date, it is hereby Ordered, Nunc Pro Tunc, as follows: 1) The compliance date set forth in the July 16, 2009 Findings of Fact, Conclusion of Law and Order is extended and Respondent shall correct the above -stated violation on or before January 16, 2012 by taking the remedial action as set forth in the Violation Notice dated May 27, 2009. 2) All other provisions, terms and conditions of the July 16, 2009 Order shall remain unchanged and in full force and effect. Done and Ordered this fil"dayof M2011. COD NFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIPA) James T. Purvis I HEREBY CERTIFY that on this CV day of May 2011, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, First National Bank of Mount Dora, Trustee, Attn.: William J. Binneveld, P.O. Box 1406, Mt Dora, FL 32756-1406 and Del Potter, Esq. 308 E. 51h Street, Mt. Dora, FL 32757. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, Vs. FIRST NATIONAL BANK OF MOUNT DORA, TRUSTEE FB/O OPAL SIMER BAILEY Respondent. ORDER EXTENDING COMPLIANCE DATE Case No: CEB 09-504 Clermont Motor Lodge 1320 US Highway 27 Clermont, Florida 34714 THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on September 21, 2010 at the request of the Respondent for an order extending the compliance date set forth in the Board's Findings of Fact, Conclusion of Law and Order dated July 16, 2009 and the Board having heard from Respondent by its Attorney Del Potter and Representative, William J. Binneveld, and the City having advised the Board that it did not object to an extension of the compliance date, it is hereby Ordered, Nunc Pro Tunc, as follows: 1) The compliance date set forth in the July 16, 2009 Findings of Fact, Conclusion of Law and Order is extended and Respondent shall correct the above -stated violation on or before July 21, 2011 by taking the remedial action as set fortis in the Violation Notice dated May 27, 2009. 2) All other provisions, terms and conditions of the July 16, 2009 Order shall remain unchanged and in full force and effect. Done and Ordered this day of September 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLOWA James T. Purvis I HEREBY CERTIFY that on this 3� day of September 2010, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, First National Bank of Mount Dora, Trustee, Attn.: William J. Binneveld, P.O. Box 1406, Mt Dora, FL 32756-1406 and Del Potter, Esq. 308 E. 5tn Street, Mt. Dora, FL 32757. A t,�\ z�sQ y, (315 Code Enforcement Officer --.__�- o8lu,oaol�aSRy-b3�a. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, Vs. FIRST NATIONAL BANK OF MOUNT DORA, TRUSTEE F/B/O OPAL SIMER BAILEY Respondent. Case No: CEB 09-504 Clermont Motor Lodge 1320 US Highway 27 Clermont, Florida 34714 STIPULATED FINDINGS OF FACT, CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on July 15, 2009 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer and James Hitt, Planning Director for the City and having noted that Respondent was present and represented by Attorney Maggie B. Evans and William J. Binneveld, and advised the Board that Respondent agrees to the entry of the Findings of Fact, Conclusion of Law and Order set forth below. I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. has been provided to Respondent. 2) The Respondent is the owner of and in custody and control of the property described as Parcel No.: 30-22-26-0001-0000-1400 in Clermont, Florida. 3) There exists on the property the following: a) buildings, structures and improvements that are vacant, unusable, unsanitary, without active utilities and in general disrepair; b) a swimming pool that does not have a functioning filter or pool cover; c) refuse and garbage; and c) uncultivated plants and weeds in excess of 18 inches. II. CONCLUSIONS OF LAW The Code Enforcement Board finds the Respondent, FIRST NATIONAL BANK OF MOUNT DORA, TRUSTEE FB/O OPAL SIMER BAILEY is in violation of Clermont City Code Ch. 14, Section 14-9, International Property Maintenance Code Sections 108.2; 108.1.3; 302.7; 303.1; 302.1 and 302.4. III. ORDER 1) Respondent shall correct the above -stated violation on or before July 21, 2010 by taking the remedial action as set forth in the Violation Notice dated May 27, 2009. cp36042doc#457 2) Respondent shall further act to safeguard and maintain the property by taking the following interim remedial actions on or before August 21, 2009: a) Erect and maintain a fence on the property that will sufficiently secure the property so as to prevent unauthorized entry into the buildings and swimming pool area on the property. b) Install and maintain active security lighting on the property at all times. c) Remove and keep off of the property all debris, refuse, garbage and uncultivated plants and weeds in excess of 18 inches. 3) If the Respondent fails to timely correct the violation as set forth in paragraph III(1) or complete and maintain the interim remedial measures set forth in III(2) above, a fine of TWO HUNDRED FIFTY DOLLARS ($250) will accrue for each day the violation continues past the applicable compliance date. 4) Respondent is further ordered to contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondent shall call (352) 394-4083 x309 to request an inspection. Any fine imposed shall accrue from the date it is imposed until the date that the violation is corrected as verified by the City of Clermont Code Enforcement Department. Done and Ordered this day of ILA, 2009. PODE VNIFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA /% Chairman JAes T. Purvis An aggrieved party, including the City Council of/the City of Clermont, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall be filed within thirty (30) days of the rendition of this Order as set forth in Section 162.11, Florida Statutes. rr^ I HEREBY CERTIFY that on this day of July 2009, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, First National Bank of Mount Dora, Trustee, P.O. Box 1406, Mt Dora, FL 32756-1406 and Maggie B. Evans, Esq., 131 Waterman Avenue, Mt. Dora, FL cp36042doc#457 2 Harris Harris Bauerle Sharma EMINENT DOMAIN LAWYERS GORDON H. `STUMPY" HARRiS, ESQ. December 14, 2011 Daniel F. Mantzaris, Esq. City of Clermont Attorney deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP Post Office Box 87 Orlando, Florida 32802-0087 STUMPY@HHBSLAW.COM I i i Re: Owner: de Hoyos Property Address: 533 Carroll Street, Clermont, Florida Parcel Number: 24-22-25-0200-0540-0100 Dear Dan: Thank,you.for.,your cooperation :in..this..matter..:,It,W. as a pleasure to work with you. This is a formal request that the Code Enforcement Board reduce the de Hoyos' fine to $500 at the meeting on January 17, 2012 at 7:00 pm. I have enclosed a check made payable to your firm's Trust Account in the amount of $500. If the CEB agrees to the reduced fine, please forward the $500 to the City of Clermont. Please let me know the outcome of the meeting. Hopefully this matter will be resolved. Cordially, 5 _� Gordon H. "Stumpy" Harris G H H/ew Enclosure c: D.r. EIo Satory de Hoy os and Dr. Evelio de.- ='wakciel 04 t : 1 -5 -2 1201 E. Robinson Street, Orlando, Florida 32801 P 407.843.0404 F 407.843.0444 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-790 Petitioner Violation No. 1876 VS. LOST LAKE RESERVE, 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 January 17, 2012, 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, Lost Lake Reserve LLC, P.O. Box 3737, Lake Wales, FL 33589 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 8891) BY: '4� Allen LaClair, Code Enforcement Officer this 91h day of December, 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 November 8, 2011 To: Lost Lake Reserve LC PO Box 3737 Lake Wales, FL 33589-3737 Violation # 1876 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9331 Property Address: Lost Lake Tract 7D (Between Cross Ridge Rd & Hwy 27 N of WalMart) Parcel Number(s): 28-22-26-120007DO0000 Property Address: Lost Lake Tract 6-Sub Lot B Parcel Number(s): 32-22-26-119200000B00 Property Address: Lost Lake Tract 6-Sub Lot A Parcel Number(s): 32-22-26-11920000OA00 Property Address: Lost Lake Tract F (NE corner Citrus Tower/Johns Lake Rd) Parcel Number(s): 32-22-26-120000D00000 Property Address: Lost Lake Tract 6 (S of Lost Lake Village) Parcel Number(s): 32-22-26-119200000F00 Property Address: Lost Lake Tract A (NW Corner Citrus Tower/Steve's Rd) Parcel Number(s): 29-22-26-120000E00000 Property Address: Lost Lake Tract 7A Parcel Number(s): 28-22-26-120007A00000 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." 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 and grass 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. Undeveloped property may be mowed to a distance of 30 yards from the right of way. 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 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: Allen LaClair Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-791 Petitioner Violation No. 1878 VS. KANKOO ENTERPRISES 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 January 17, 2012, 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, Kankoo Enterprises, LLC, P.O. Box 1751, Apopka, FL 32704 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 8907) BY: -- Alle LaClair, Code Enforcement Officer this 9th day of December, 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 November 14, 2011 To: Kankoo Enterprises, LLC PO Box 1751 Apopka, FL 32704-1751 Violation # 1878 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9324 Property Address: Hancock Rd & E Hwy 50, Clermont Parcel Number(s): 27-22-26-000200000900 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(1) Weeds Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." 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 and grass 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. 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 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: Allen LaClair Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-793 Petitioner Violation No. 1891 VS. KARL R. SMITH, TRUSTEE 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 January 17th 2012, 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, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Karl R. Smith, Trustee, 15934 Tower View Drive, Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 7011 1150 0001 2386 7333) r M Suzanne thi iea, Code Enforcement Officer h day of December 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 December 8, 2011 To: KARL R. SMITH, TRUSTEE 15934 TOWER VIEW DRIVE CLERMONT, FL 34711 Violation # 1891 Certified Mail, Return Receipt Requested #: 7011 1150 0001 2386 7289 Property Address: VACANT LOT, 600-700 BLOCK OF PRINCE EDWARD AVE, CLERMONT, FL Parcel Number: 19 22 26 0100 000 04000 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. • Excessive undergrowth around bushes and trees (Section 302.4 Weeds) (Section 301.3 Vacant Structures and Land)(Section 302.5 Rodent Harborage) Action Required to Correct Violations: • Mow grass and weeds on the property, including to the street right -of- way • Clean underneath the heavily overgrown trees and bushes, to eliminate excessive overgrowth and rodent harborage. 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 December 22, 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear f r a hearing before t ! Code Enforcement Board. By: nne Cod ' nforcement 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 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 r 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 mum) 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 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-795 Petitioner Violation No. 1883 VS. WILLIAM & RENEE BANZHAF Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday January 17th 2012, 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, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, William & Renee Banzhaf, 790 W. Minneola Ave St., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 7011 1150 0,9p1 2386 7357) BY: Suzann 'Shea, Code Enforcement Officer th 28th day of December 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 November 29, 2011 To: WILLIAM & RENEE BANZHAF 790 W. MINNEOLA AVE ST CLERMONT, FL 34711 Violation # 1883 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9294 Property Address: 790 MINNEOLA AVE, CLERMONT, FL 34711 Parcel Number: 24 22 25 0100 0790 1600 Type of Violation: EXTERIOR PROPERTY MAINTENANCE In Violation Of: Chapter 14, Section 14-9 International Property Maintenance Code 2011 (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: High grass and weeds in excess of 18 inches (Section 302.4 Weeds) (Section 302.5 Rodent Harborage) Miscellaneous debris, consisting of but not limited to, mattress, TV's, bikes, buckets, computer equipment, animal cages, vehicle parts, bins, etc. that is scattered in the side of the property, and underneath the building. (Section 302.1 Sanitation) Compliance of This Violation will be when the grass and weeds are cut below 18 inches, and all miscellaneous debris is permanently removed and disposed of. Please call (352) 241-7309 or soshea(cD-clermontfl.org, when you comply. You are directed to take the above action for compliance by December 9, 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: v cwvv w .V Cotuzanne O'Shia Enforcement Officer I 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 c ted flowers and gardens. li ailure 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 processesiwhich 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 @ K Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-797 Petitioner Violation No. 1839 VS. BELGIAN CAPITAL FUND 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 January 17th 2012$ 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, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Belgian Capital Fund Llc., 1111 Kane Concourse Ste 401 F, Bay Harbor Islands, FI 33154 (Certified Mail/Return Receipt Requested# 7011 'h150 0001 2386 7FA BY: SuUrYn (O'Shea, od Enforcement Officer tNi 28th day o ecember 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: BELGIAN CAPITAL FUND LLC 1111 KANE CONCOURSE STE 401 F BAY HARBOR ISLANDS, FL 33154 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9515 Violation #1839 Property Address: SOUTH LAKE MEDICAL ARTS CENTER, OAKLEY SEAVER BLVD, CLERMONT, FL 34711 Parcel Number: 20-22-26-0302-0000-0000 Type of Violation: Failure to maintain landscape In Violation Of: Section 118-35 Maintenance and pruning (see attached copy) Type of Violation: High grass[Weeds In Violation Of: Section 34-61 (1) Unlawful Maintenance of Nuisances (see attached copy) You are hereby notified that you are in violation of the referenced chapter of the City of Clermont Code of Ordinances due to the following: • Landscape around the exterior and interior of the property is dead, dying, and/or missing. This includes but is not limited to, various trees, hedges, ground cover, etc. • Grass and weeds are in excess of 18 inches. Compliance of This Violation will be when the following is met in its entirety: • All landscape vegetation is sufficiently replaced and maintained so that all plant life is healthy, neat and orderly. All replaced plants and trees should adhere to the original landscape plan of the property (see attached) • Grass and weeds should be cut so not to exceed 18 inches in height. Please contact me at (352) 241-7309 or soshea(a7clermontfl.org when you comply. You are directed to take the above action for compliance by November 7, 2011. r� SLiza&eea _J Code Enfoceinent 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, 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 ofsewage 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. Sec. 118-35. Maintenance and pruning. Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All required landscaping shall be maintained in perpetuity. Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this chapter if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section 118-113(d)(2). Pruning. Vegetation and trees required by this code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise (i.e, view, signage, lighting and similar conflicts). Excessive pruning (hatracking, topping, etc.) shall be considered tree abuse and a violation of this Code. Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein, may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. (Ord. No. 311-C, § 1, 11-13-01; Ord. No. 338-C, § 1, 6-22-04) Editor's note: Ord. No. 311-C, § 1, adopted November 13, 2001, amended § 118-35 in its entirety to read as herein set out. Formerly, § 118-35 pertained to maintenance of landscaping and derived from Ord. No. 281-C, § 1(ch. 13, § 3 (E)), adopted November 8, 1994 Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-799 Petitioner Violation No. 1837 VS. GERALD A. & FRANCES R. SMITH 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 January 17, 2011, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, Gerald A & Frances R Smith, 706 Sunset Cove Dr, Minneola, FL 34715 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 8945) BY: Allen LaClair, Code Enforcement Officer this 281h day of December, 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 7, 2011 To: Gerald A & Frances R Smith 706 Sunset Cove Dr Minneola, FL 34715 Violation # 1847 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 8754 Property Address: 1650 Morning Dr Parcel Number(s): 30-22-26-020000001500 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 dead & fallen tree in the backyard of the property and the surrounding lawn being in excess of 18" in depth. Compliance of This Violation will be when the tree is removed and the yard has been evenly mowed and trimmed. 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 30 days will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: Allen LaClair Code Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 12-796 Petitioner Violation No. 1887 VS. ELEX & DORTHEA NEWSOME 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 January 17t' 2012, 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, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Elex & Dorthea Newsome, 4914 Pine Cone Court, Jacksonville, FI 32210 (Certified Mail/Return Receipt Requested# 7011 1150 0 12386 7364) 1 � BY: Suza O'Shea, de Enforcement Officer is 28th day of December 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 December 6, 2011 Violation # 1887 To: ELEX & DORTHEA NEWSOME 4914 PINE CONE COURT JACKSONVILLE, FL 32210 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 9225 Property Address: NW CORNER, SCOTT ST. & DESOTO ST., CLERMONT, FL Parcel Number: 19 22 26 1100 000 04700 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 (1)(2) 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 overgrowth of grass and weeds in excess of 18 inches, including to the curbs. Additionally, the undergrowth around the trees and bushes has become excessive, and a breeding ground for vermin. Compliance of This Violation will be when the property is uniformly trimmed and mowed below 18 inches, including the street right-of-way to the curb. The underbrush around the trees and bushes is cut, and all branches and vegetative debris removed from the property. 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 December 20, 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. M Suzorlpe O'Sh" Code 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.