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01-18-2011 Regular Meeting (Supporting Documents)�i CODE ENFORCEMENT BOARD MEETING JANUARY 18, 2011 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES OF THE CODE ENFORCEMENT BOARD MEETING FOR NOVEMBER 16, 2010 It, OPENING STATEMENT AND SWEARING IN WITNESSES AGENDA 0 0 0 0 a E 0 0 E 0 a 0 0 a 0 M 0 0 0 0 0 0 0 0 0 a 0 0 E 0 0 0 0 0 0 0 0 E a 0 E a 0 0 0 0 0 N E E 0 0 0 N 0 0 E 0 0 0 0 E E 0 0 0 0 N 0 0 0 0 0 0 0 0 a 0 1 NEW BUSINESS "It� lv *&�D CASE NO. 11-697 (1 _,o n Hep 8 Cler LC 3�r}►jN-31V`--� . t 4335 S. Highway 27 p�,� Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-32 - a Business Noises Disturbing Residential Neighborhood CASE NO. 11-698 I ���(Z �To�er DilFages, Inc. �'S 211 Citrus Tower Blvd. �M nC dew k\f \w n�l0. Clermont, FI 34711 ��� \ ._ a_VIOLATION: is — \ �,-� Chapter 118, Section 118-35 (a)(b)(c) d A-V�..�.� ®O�s Severe Pruning & Destruction of Adult Tree CASE NO. 11-699 `I l _ �l �� George Francoyannis i�'�i j 1768 Nature Cove M r �X1nlA I Clermont, FI 34711 VIOLATION: Chapter 336-C Water Restriction CASE NO. 11-700 Christopher & Cheryl Secue 3780 Fallcrest Circle Clermont, FI 34711 l VIOLATION: V� ' Chapter 336-C Water Restriction CASE NO. 11-702 n `..� iq Senturk Marketing, Inc. `�� Clermont, FI 34711 VIOLATION: Chapter 118, Section 118-35 (a)(b)(c)(d) Landscape Maintenance OTHER BUSINESS CASE NO. 09-603 1�+�0w�+ JeaVA. and Donald C. Edwards 624 Prince Edward Avenue lermont, FI 34711 �U-2►J l k; re O D P" kv1:� REQUEST: Impose Fine anN Create Lien on Property CASE NO. 10-655 SouthLake Village Development, LLC d0,,Kacant Lots on Legends Way v lCwlV����C Clerrrnont, FI 34711 REQUEST: Impose Fine and Create Lien on Property Discussion of starting time for Code Enforcement Board 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 16, 2010 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 16, 2010 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Jim Hitt, Planning Director, Curt Henschel, 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 October 19, 2010 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Curt Henschel, along with any of the public who may testify, was sworn in. Chainnan Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. CASE NO. 10-677 Hunter's Trace Properties Clermont Shopping Center 701 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 701 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35; Maintenance and Pruning City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Curt Henschel 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 City of Clermont Code of Ordinances, due to the following: Landscaping, hedges, trees, etc. are in poor condition and/or missing from the original landscape plan for the property. Compliance of this violation will be when the following conditions are completed in their entirety: Replant all new landscaping in accordance with the attached, approved landscape plan: 13 Savannah Holly understory trees, one on the northwest side, and 12 on the south side of the property along Minnehaha Ave., 2 Bottle Brush understory trees, both on the south side of the property along Minnehaha Ave., 2 rows of hedges on the south side of the property along Minnehaha Ave., replace two front islands with St. Augustine grass, above understory trees may be substituted, but must remain in accordance with prior approved size and location. Board member Forte asked if the Respondent has been notified since June that they are still not in compliance. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 16, 2010 City Attorney Dan Mantzaris stated that the original notification was sent in June. The notice for the October meeting was sent and subsequent to that notice he received an order entered by the Chairman continuing the October meeting to today. Board member Booker asked why the Respondent has not come into compliance. Mr. Mantzaris stated that it's his understanding that the Respondent feels the tenant is responsible for keeping up the landscaping, but the City has informed him that as a property owner, he is responsible for keeping the property in compliance. Chairman Purvis asked if the property owner was local. Mr. Henschel stated that the Respondent does live locally. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $250 per day for every day in violation starting on December 21, 2010. He further recommends that the City review the CUP to see if they are in violation of the CUP: seconded by Ken Forte. The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the,fine. CASE NO.10-693 Des Properties, LLC 1018 School Street Clermont, FL 34711 LOCATION OF VIOLATION: 1018 School Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (302.4); Excessive Weed & Plant Growth City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Curt Henschel 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 accumulation, which includes but is not limited to sections of this property currently being overgrown with tall grass and weeds. Compliance of this violation will be when all of these premises have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of-way to the pavement of the street. Board member Carver asked what size is the lot. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD NOVEMBER 16, 2010 Mr. Henschel stated that it's a single family size lot. Chairman Purvis asked if the property owner is local. Mr. Henschel stated that it does not appear that the property owner is local. Chairman Purvis asked if this was commercial property. Mr. Henschel stated that the property is residential. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine o $150 per dad for every day in violation starting on December 21, 2010: seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the,fine. There being no further business, the meeting was adjourned at 7:21 p.m. Attest: Rae Chidlow, Code Enforcement Clerk James Purvis, Chairman '43 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 REPEAT VIOLATION NOTICE December 22, 2010 To: HEP 8 CLER LC c/o: EZON 1100 5TH AVE. S, STE 210 NAPLES, FL 34102 Violation # 1649 Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 8906 Property Address: 4335 SOUTH HIGHWAY 27, CLERMONT, FL 34711 Parcel Number: 09 23 26 0002 000 01500 Type of Violation: BUSINESS NOISES DISTURBING RESIDENTIAL NEIGHBORHOOD In Violation Of: Chapter 34, Section 34-32 Titled: "BUSINESS NOISES IN RESIDENTIAL SECTIONS OF THE CITY." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances as evidenced by the noise complaint from the adjacent residential neighborhood, occurring on December 20, 2010 at 2150 hours. This complaint was accompanied by City of Clermont Police Department report #2010-29741, and witnessed by Lt. M. Mc Master. Compliance of This Violation has not been achieved and therefore this case will be presented to the Code Enforcement Board as stated in the enclosed Notice of Hearing for January 18, 2011. Please call (352) 241-7309, with any questions or concerns. By: nne O'She,� forcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT Case No. 11-697 Petitioner Violation No. 1649 VS. HEP 8 CLER LC Respondents Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: Tuesday January 18, 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 Respondents, HEP 8 CLER LC, c/o: EZON, 1100 5 THAVE., S, STE 210, NAPLES, FL 34102. (Certified Mail/Retum Receipt Requested #7006 0810 2594 8906) CC: SCOTT A. GLASS, ESQUIRE SHUTTS & BOWER, LLP P.O. BOX 4956 ORLANDO, FL 32802 BY: Suzan 'Shea, Co a Enforcement Officer this 22 d y of December 2010. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLOR1DA CITY OF CLERMONT Petitioner, VS. REP 8 CLER LC, Respondent. Case No: CEB 10-669 4315 S. Highway 27 Clermont, Florida 34711 FINDINGS OF FACT, CONCLUSION OF LAW of REPEAT VIOLATION and ORDER IMPOSING FINE THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on September 21, 2010, pursuant to a Statement of Repeat Violation dated July 16, 2010 and Notice of Hearing dated August 9, 2010, and the Board having examined the file, Statement of Violation and Notice of Hearing, and having heard sworn testimony from Betty McMinamen, Code Enforcement Officer and Police Officer E. Ramirez for the City, and Paula Aurit as the Property Manager for Respondent, HEP 8 CLER LC does hereby find: I. FINDING OF FACT 1) Proper notice was given to the Respondent. 2) The Respondent is the owner of and in custody and control of the property described as tax roll no.: 09-23-26-0002-000-01500 in Clermont, Florida. 3) By this Board's Order of November 19, 2009, the Respondent was found to have permitted the operation of equipment and the performance of work that produced noise as prohibited by Clermont City Code Section 34-32. 4) The Board's Order of November 19, 2009 provided that the Respondent shall refrain from repeating the violation and in the event that the violation was repeated, the City could bring the matter back before the Code Enforcement Board as a repeat violation as provided by F.S. Chapter 162. 5) Thereafter on July 4, 2010, the Respondent failed to prohibit the use and operation of equipment and the performance of work which produced noise as prohibited by Clermont City Code Section 34-32 and thus has repeated a violation of a prior order of this Board. IT. CONCLUSION OF LAW Based upon these findings the Board finds that the Respondent HEP 8 CLER LC is in Case No.: 10-669 cp36942dcc#897 repeat violation of Clermont City Code Section 34-32 — Business noises in residential sections of the city as set forth in the Notice of Violation dated July 16, 2010, which has been filed in this matter. III. ORDER Based on the above -stated findings and conclusion of law, it is hereby ordered that a fine of $500 is imposed against Respondent for the repeat violation which occurred on July 4, 2010. In the event that the fine is not timely paid to the City, the City may bring the matter back before the Code Enforcement Board for consideration of imposition of a lien on the subject property and any other real or personal property owned by Respondent. Done and Ordered this day of September 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORID Chairm ames 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. I HEREBY CERTIFY that on this '3 day of September 2010, a true and correct copy of this Order has been f m-fished by certified and regular mail to the Respondent, HEP 8 CLER LC, c/o Eton, 1100 5 h Avenue, S., Suite 210, Naples, FL 34102 and Scott A. Glass, Esquire, Shutts & Bowen, LLP, Post Office Box 4956, Orlando, FL 32802. CFI T; ZOMO O.CPT' ;*IS .�. pock.- MID-- C>t)v i- (A94 Code Enforcem nt Officer cp38042doc#897 2 eZONJ, INC. 1100 Fifth Avenue S., Suite 210/Naples, FL 34102-6407 (239) 263-1712 FAX (239) 263-7126 January 8, 2011 Suzanne O'Shea Code Enforcement Officer City of Clermont P.O. Box 12010 Clermont, FI 34712-0209 Re: Violation Notice, Kings Ridge Shopping Center Dear Ms O'Shea: We are in receipt of the Noise Violation Notice for December 20, 2010 at Kings Ridge Shopping Center. It appears that the Chinese Restaurant Tenant again used an outside vendor to pressure clean equipment after hours. We have notified this tenant that they are again in violation of their lease and that they are responsible for payment of any fines at may be levied. I am unable to attend the Tuesday, January 18, 2011 hearing. Please be aware that we continue to diligently adhere to Clermont Code of Ordinances but unfortunately occasionally circumstances happen that are beyond our direct control. Sincerely, (20-ac- Gt,-p Paula Aurit, RPA Senior Property Manager Genera! Case Report Geri onr Ponce Department Occurred Incident Type Code Violation i Domestic Attempt/Commit E]Y ❑N Committed Date Case Number 2010-00029741 Time Location 4335 Hw 27 HWY Y Occurred On 12/20/2010 or Between: 21:60 ............... _ _ Location Type _ ........................................ 12/20/2010 21:54 Restaurant Reported: 12/20/2010 21:55 Victim's Name (Firm Name If Business) Victim Sex - Race DOB Occupation/Relationship City of Clermont, ` _ _ ._ __. J _ Address City/State/Zip Code Telephone Other Phone 685 W Montrose ST Clermont, Florida 34711- Sex Race DOB Occupation/Relationship Address City/State0p Code Telephone Other Phone Witness Sex I Race DOB Occupation/Relationship McMaster, Michael L_�� Address City/State/Zip Code Telephone Other Phone 865W Montrose 5T Clermont Florida 34711- 352 394-5588 1 _ — —` -' - - Sex I Race DOB Occupatlon/Relatlonship Address Y City/State/Zip Code Telephone Other Phone Property Description i Property Type i Serial Number Value r l r Suspect's Name Sex i Race DOB , Height Weight Hair Eyes Unknown, 2010-00029741 1 1 11 f,- 5'08 j 130 Appearance Complexion Buiid Speech Facial Hair I Suspect's Vehicle (YeaNMeke/Model) �— Type Color Reg. Plate Type State Trade Marie or _ -' Style - ------ Condition Tool/Weapon Unusual Event I Means/Method 2010-00029741 City Code Violation - Noise ordinance Lt. M. McMaster #119 On the night of December 20, 2010, 1 was conducting an extra patrol of the Kings Ridge Plaza, due to recent complaints of noise ordinance violations. As I came around the rear of the plaza I could hear what sounded like a pressure washer. I noted that it was approximately 2155 hrs, which is after the allotted hours that the plaza can have any type of construction or machinery operations. As I got to the rear of the China Taste restaurant, I observed one of the employees out behind the open business cleaning a piece of stainless steel, possibly a vent or hood with a gas powered pressure washer. I made contact with the employee and advised them that they could not be operating the Page 1 of 1 Case Status (check one) Reporting Officer's & Badge # Date Time Supervisor's Signature i t Open I 12/20/2010 21:55 j Case Report 2010-00029741 Page 1 OF 2 Case Report 2010-00029741 (Narrative Continued) machinery that it was after hours. The machine was shut down, and no further action was taken at that time. There is nothing further at this time, this case to be forwarded to the City of Clermont Code enforcement division for further action. Cosa (ioport 7J10-0]0: e'�i Pn, ? C' City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE July 22, 2010 To: TOWER VILLAGES INC PO BOX 120989 CLERMONT, FL 34712-0989 Certified, Return Receipts Requested #: 7006 0810 0001 2594 8715 Violation # 1619 Property Address: 211 CITRUS TOWER BLVD.. CLERMONT, FL 34711 Parcel Number: 19-22-26-0025-0000-0300 1. Type of Violation: DESTRUCTION OF TREES In Violation Of: Chapter 118, Section 118-35 Titled: "Maintenance and Pruning." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the severe trimming/excessive hatracking of eight Live Oak trees and one Drake Elm tree on the property. (see attached map) Severely trimmed shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of the main lateral branches, leaving the trunk of the tree with a stub appearance. Hatracking means to flat -cut the top or sides of a tree, severing the leader or leaders; to make internodal cuts; to prune a tree by stubbing off mature wood larger than three inches in diameter, or reducing the total circumference of canopy spread not in conformance with the current National Arborist Association standards. Compliance of This Violation will be when the following is completed in its entirety: One tree removal permit is submitted at the Planning & Zoning Department, and the nine affected trees are removed, including a substantial amount of root system. Nine preferred canopy trees are replaced in lieu of the nine that were affected. The trees must individually meet at least the following criteria: 65 gallon containers 12 to 14 feet in height in overall height immediately after planting 6 to 8 foot spread 3 to 3'/2 caliper FL Grade 1 or better • The trees must be replanted in the same area as the affected trees, and not elsewhere on the property. • All replanted trees must be chosen from the Preferred Tree list for Canopy Trees. (attached) You are required to contact me at (352) 241-7309 or soshea(aD-clermontfl.org or Betty McMinamen at (352) 241-7304 or bmcminamen(a-)-clermontfl.org when you comply. You are directed to take complete action by Thursday September 16, 2010. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. r in Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-698 Petitioner Violation No. 1619 VS. TOWER VILLAGES INC 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 18, 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, Tower Villages Inc., Po Box 120989, Clermont, FI 34712-0989 (Certified Mail/Return Receipt Requested# 7006 0810 0001 2594 8913) r� BY: Suzanne O'Sh a, Code Enforcement Officer this 271h day . `�' 'j Decem.bg'r a 01 D 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. Jan 0511 03;36p Lake Forestry Station (352) 315-4488 p.2 Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol • Tallahassee, FL 32399-0800 www.doacs.statedf.us January 3, 2011 Suzanne O'Shea Code Enforcement Officer City of Clermont 685 W. Montrose St. Clermont, FL. 34711 Dear Ms. O'Shea Please Respond to: Division of Forestry 9610 CR 44 Izesburg FL 34788 352/160-6676 The oaks located in the parking lot of 211 Citrus Tower Blvd. are not healthy. The new sprouts are growing on the severely wounded topped branches from the July 2010 pruning tragedy. Once deformed and damaged from improper pruning, the specimen responds by growing several sprouts from the stubbed branches. The tree does this to rapidly grow leaves because the tree is starving due to most of the crown being removed. Also, the stubs can never heal and will continue to decay making the trees a liability where automobiles and people will be present. The new growth is not healthy growth but a desperate attempt to stay alive from tree that has been fatally pruned. Death may not occur immediately due to the topping, but will weaken these trees to the point that they are unsafe not to mention an eyesore. This type of butchering is the most harmful practice that can be done to the health of a tree besides cutting it down Please feel free to call with questions at 352-360-6676 Sincerely, Z � ' s i0tremba Senior Forester Flailda. Florida AprieniturP and Fnrect. Prniiiir.tc THE CITY OF CLERMONT, FLORIDA CODE ENFORCEMENT BOARD AFFIDAVIT OF POSTING CITY OF CLERMONT Petitioner vs. TOWER VILLAGES INC Respondent CEB CASE NO. 11-698 Before me, the undersigned authority, personally appeared Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who after being duly sworn, deposes and says: 1. That she is a resident of Lake County, Florida, and that she is over twenty-one years of age. That she posted a copy of the following document, Notice of Hearing and Statement of Violation, on Tower Villages Inc., at the North and South public entrances of the Clermont City Hall, 685 W. Montrose Street, Clermont, FI 34711, in addition to the real property known as 211 Citrus Tower Blvd., Clermont, Florida, on the 7th day of January 2011. 3. That a copy of the document posted is attached to this Affidavit. FURTHER AFFIANT SAYETH NOT. Dated this 7th day of January 2011. Suzanne O' ea, Code En orcement Officer City of Clem nt, 685 W. Montrose Street Clermont, FV 352-241-7309 The forgoing instrument was acknowledged before me this 71h day of January 2011, by Suzanne O'Shea as the Code Enforcement Officer for the Cit f Clermont, who is personally known to me and who did take an oath. A �! �► Signature: Printed Name: 14, NOTARY PUBLIC -STATE OF FLORMA ""- Lisa Widican . Commission, # DD946690 Expires; DEC, 13, 2011 BONDED THRU ATLAN71C BOYDING CO., INC. �C1TY OF CLERMONT WATER RESTRICTION VIOLATION NOTICE '�syi/�rht Sav/ng T/n�s" 2ND VIOLATION-$50.00 DATE 3RD VIOLATION NOTICE ($250) DATE 4T" VIOLATION NOTICE ($500) DATE • Day, Date and Time of Violation: A4010 ' , ,._ • Location Address of Violation 1 • Name (owner or tenant): • VIOLATION: City of Clermont Code of Ordinances No. 336-C (Sec. #66- • ACTION REQUIRED: Follow the water restrictions that have been imposed by the City of Clermont for landscape irrigation: (a) Landscape irrigation is restricted to a maximum of two days per week and hall not occur between the hours of 10:00 AM and 4:00 PM. Irrigation of existing landscape with Odd addresses is only allowed on Wednesday and Saturday. Irrigation of existing landscape with even addresses or no address is only allowed on Thursday and Sunday. Irrigation on these designated days shall only occur when actually needed because of the lack of rainfall. Note exceptions to the ODD/EVEN restriction below: -SUMMIT GREENS, SOUTHERN FIELDS S REGENCY HILLS: o Addresses ending in odd numbers- Monday & Thursday o Addresses ending in even numbers- Tuesday & Friday (b) Low -volume irrigation is permitted anytime with a hand-held garden hose provided it is equipped with an automatic shut-off nozzle. Hose operated sprinklers must also have an automatic shut-off timer and must follow the two-day schedule listed above. (c) New landscape is authorized to be irrigated on any day between the hours of 4:00 PM and 10:00 AM during the first 30 days following its installation. Only those zones containing the new landscaping may be activated. New landscape must cover over 50% of the zone to be watered. Small areas of new landscape (less than 50%) must be hand -watered. (d) Rain Sensor Violation: (e) Other: LAWN TREATMENTS: A "dated" flag must be placed In the front yard by commercial g9M control [C{cpomoanles. Required watering may only take pla'aq,wlthirtt 24 hours of treatment. P, i.• � � T C l yg j `For the City of Clermont FOR ANY QUESTIONS REGARDING THIS NOTICE, CALL 352/241-7338 liiuiinniuiamm�uiiu�uiuil���uiaaii�u�aaiuii�liiiu�i�iuu��iuu�l�uml�uu�liaan��nru►�rnanuntrnrru��unn�n�ru�urnuul�ul�r (Detach and Include lowtr portion of this notice) NAME `1 G: ` A taA1 !) Date: (� ACCT. No.: I D % PLEASE REMIT PAYMENT WITHIN TWO (2) WEEKS OF THIS NOTICE TO: City of Clermont, Utility Billing P. O. Box 120219 Clermont, FI. 34712-0219cc For Office Use Only: Date Received Amount Received Check # Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-699 Petitioner Violation No. 1650 VS. GEORGE FRANCOYANNIS 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 18, 2011, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Water Conservation Coordinator in his Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, George Francoyannis, 3718 Peaceful Valley Dr., Clermont, FL 34711. (Certified Mail/Retum Receipt Requested# 7006 0810 0001 2594 8920) BY: Alan Freeman, Water Conservation Coordinator this 28T" day of December, 2010. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OF CLERMONT, FLORIDA CODE ENFORCEMENT BOARD AFFIDAVIT OF POSTING CITY OF CLERMONT Petitioner vs. GEORGE FRANCOYANNIS Respondent CEB CASE NO. 11-699 Before me, the undersigned authority, personally appeared Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who after being duly sworn, deposes and says: 1. That she is a resident of Lake County, Florida, and that she is over twenty-one years of age. That she posted a copy of the following document, Notice of Hearing and Statement of Violation, on �?*A.0N e 1�,(jpt gg the North and South public entrances of the Clermont City Hall, 685 W. Md�%trose Str" , Clermont, FI 34711, in addition to the real property known as 1768 Nature Cove Lane., Clermont, Florida, on the 7th day of January 2011. 3. That a copy of the document posted is attached to this Affidavit. FURTHER AFFIANT SAYETH NOT. Dated this 7th day of January 2011. Suzann"'SheK Code EnfdreOment Officer City of Clermo t, 85 W. Montrose Street Clermont, FI 352-241-7309 The forgoing instrument was acknowledged before me t4is 7th day of January 2011, by Suzanne O'Shea as the Code Enforcement Officer for the City o�Clerrpont Who is personally known to me and who did take an oath. Signature: J Printed Name: NOTARY PUBL! —STATE OFFLORMA „ Lisa Widican Commission # DD946690 -•- Expires: DEC.13, 2011 BONDED THRC .1TLA-1, nC BONDLNG CO„ INC. &CITY OF CLERMONT WATER RESTRICTION VIOLATION NOTICE VAV//Rht Saving T/nw" 2ND VIOLATION-$50.00 DATE 7 �`' 3RD VIOLATION NOTICE ($250) DATE e VIOLATION NOTICE ($500) DATE • Day, Date and Time of Violation • % U r :. ��77 I c:a ►mot • Location Address of Violation:.. 5­ 7 3 D 1- 1 t • Name (owner or tenant):E: • VIOLATION: City of Clermont Code of Ordinances No. 336-C (Sec. • ACTION REQUIRED: Follow the water restrictions that have been imposed by the City of Clermont for landscape irrigation: (a) Landscape irrigation is restricted to a maximum of two days per week and shall not occur between the hours of 10:00 AM and 4:00 PM. Irrigation of existing landscape with odd addresses is only allowed on Wednesday and Saturday. Irrigation of existing landscape with even addresses or no address is only allowed on Thursday and Sunday. Irrigation on these designated days shall only occur when actually needed because of the lack of rainfall. Note exceptions to the ODDIEVEN restriction below: -SUMMIT GREENS, SOUTHERN FIELDS S REGENCY HILLS: o Addresses ending in odd numbers- Monday A Thursday o Addresses ending in even numbers- Tuesday & Friday (b) Low -volume irrigation is permitted anytime with a hand-held garden hose provided it is equipped with an automatic shut-off nozzle. Hose operated sprinklers must also have an automatic shut-off timer and must follow the two-day schedule listed above. (c) New landscape is authorized to be irrigated on any day between the hours of 4:00 PM and 10:00 AM during the first 30 days following its installation. Only those zones containing the new landscaping may be activated. New landscape must cover over 50% of the zone to be watered. Small areas of new landscape (less than 50%) must be hand -watered. (d) Rain Sensor Violation: (e) Other: LAWN TREATMENTS: A "dated" flag must be placed In the front yard by commercial 229 control companies. Required watering may only take pis" witffin 24 hours of treatment. For the City of Clermont - FOR ANY QUESTIONS REGARDING THIS NOTICE, CALL 3521241-7338 ill/llllllllllllllllllllll/l/11111111111111111111111l111il1111111111111111111111111111111111111111111111111111111111111l11/ll/lllllll/llllllllllllllllllllllllllllllllll (Detach and Include lower portion of this notice) NAME• Date• f ACCT. NO.: PLEASE REMIT PAYMENT WITHIN TWO (2) WEEKS OF THIS NOTICE TO: City of Clermont, Utility Billing P. O. Box 120219 Clermont, FI.34712-0219cc For Office Use Only: Date Received Amount Received Check # Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner vs. CHRISTOPHER & CHERYL SECUE Respondent Case No. 11-700 Violation No. 1651 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 18, 2011, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Water Conservation Coordinator in his Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Return Receipt Requested to Respondent, Christopher & Cheryl Secue, 3780 Fallscrest Cr., Clermont, FL 34711. (Certified Mail/Return Receipt Requested# 7006 0810 0001 2594 8937) Alan Freeman, Water Conservation Coordinator this 3rd day of January, 2010. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 REVISED VIOLATION NOTICE July 16, 2010 Violation #1583 To: SENTURK MARKETING INC 17719 E LAKE JEM RD MOUNT DORA, FL 32757 Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 8302 Property Address: CLERMONT SHELL 899 WEST HIGHWAY 50, CLERMONT, FL 34711 Parcel Number: 24-22-25-0100-0890-1500 Type of Violation: LANDSCAPE MAINTENANCE In Violation Of: Chapter 118, Section 118-35 Titled: "MAINTENANCE and PRUNING" (SEE ATTACHED) You are hereby notified that you are in violation of the referenced sections of the City of Clermont Code of Ordinances, due to the following: • Property landscaping, consisting of shrubs and trees, are in poor conditior and/or missing from the original landscape plan for the property. (Attached is the original landscape plan) Compliance of This Violation will be when: • Twelve preferred canopy trees are replanted in accordance with the original landscape plan for the property. (attached) The trees must individually meet at least the following criteria upon planting: -65 gallon container -12 to 14 feet in height -6 to 8 foot spread -3 inch caliper -FL Grade 1 or better -trees must be from the list of approved canopy tree list (attached) Shrubs around the property must be replanted ad follows: Remove all dead plantings and replace all areas of missing plantings, as follows: -Replant shrubs at a minimum of 24 inches in height and 30 inches on center. If there are any existing gaps between plants that are greater than 30 inches, another shrub must be planted to fill the gap. -Shrubs must be replaced from approved list (attached) Please contact me at (352) 241-7309 or sosheaCWclermontfl.org when you comply. You are directed to take the above action for compliance by Friday August 20, 2010. By: uzanne O'SOea 1e Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner vs SENTURK MARKETING INC Respondent Case No. 11-702 Violation No. 1583 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 18, 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, Senturk Marketing Inc, 17719 E Lake Jem Rd., Mount Dora, FL 32757. (Certified Mail/Return Receipt Requested# 7006 0810 0PO-�2594 8944) n BY:rhea, � SuWa z a ode E orcement Icer this 28th aember, 2010. IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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, FLORIDA CITY OF CLERMONT Case No: CEB 09-603 624 Prince Edward Avenue Petitioner, Clermont, Florida 34711 VS. JEAN A. and DONALD C. EDWARDS, Respondents. NOTICE OF.HEARING AND MOTION FOR ORDER IMPOSING FINE AND CREATING LIEN ON PROPERTY YOU ARE HEREBY ADVISED that the Code Enforcement Board shall conduct a hearing on January 18, 2011, at 7:00p.m. in the Council Chambers, City Hall, 685 West Montrose Street, Clermont, Florida, to consider the petitioner's request as set forth below for authorization to impose a fine and create a code enforcement lien in this matter. This motion is pursuant to Chapter 162, Florida Statutes. At its November 17, 2009 hearing the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order finding that a City Code violation had occurred on the above property related to a violation of City Code Section 14-9 (1), International Property Maintenance Code Sections 108.1.3 (structure unfit for human occupancy), 302.1 (sanitation) 302.4 (weeds), 302.5 (rodent harborage), 302.7 (accessory structures) 303.1 (swimming pools), 304.7 (roofs and drainage), 305.1 (general) and 307.1 (accumulation of garbage and rubbish). The Order provided that Respondent would correct the violation on or before January 19, 2010 or a fine of $250.00 per day would accrue. Although the the Respondent corrected the violations as of February 2, 2010, because compliance was not timely met, a fine of $3,750 has accrued and remains unpaid. WHEREFORE, the City of Clermont requests the Code Enforcement Board authorize recording of an Order Imposing Administrative Fine/Lien in the amount of $3,750 as provided in Chapter 162, Florida Statutes. 1 HEREBY CERTIFY that on this Motion has been furnished by regular mail Avenue, Clermont, FL 34711. V94i��an. hs, Clermont City Attorney deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP P.O. Box 87 Orlando, FL 32802 (407) 422-2454 / (407) 992-3541 (Fax) FBN: 562327 ` day of January 2011, a true and correct copy of this to Jean A. and Donald C. Edwards, 624 Prince Edward CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. JEAN A. and DONALD C. EDWARDS, Respondents. Case No: CEB 09-603 624 Prince Edward Avenue Clermont, Florida 34711 NOTICE OF HEARING AND MOTION FOR ORDER IMPOSING FINE AND CREATING LIEN ON PROPERTY YOU ARE HEREBY ADVISED that the Code Enforcement Board shall conduct a hearing on January 18, 2011, at 7:00p.m. in the Council Chambers, City Hall, 685 West Montrose Street, Clermont, Florida, to consider the petitioner's request as set forth below for authorization to impose a fine and create a code enforcement lien in this matter. This motion is pursuant to Chapter 162, Florida Statutes. At its November 17, 2009 hearing the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order finding that a City Code violation had occurred on the above property related to a violation of City Code Section 14-9 (1), International Property Maintenance Code Sections 108.1.3 (structure unfit for human occupancy), 302.1 (sanitation) 302.4 (weeds), 302.5 (rodent harborage), 302.7 (accessory structures) 303.1 (swimming pools), 304.7 (roofs and drainage), 305.1 (general) and 307.1 (accumulation of garbage and rubbish). The Order provided that Respondent would correct the violation on or before January 19, 2010 or a fine of $250.00 per day would accrue. Although the the Respondent corrected the violations as of February 2, 2010, because compliance was not timely met, a fine of $3,750 has accrued and remains unpaid. WHEREFORE, the City of Clermont requests the Code Enforcement Board authorize recording of an Order Imposing Administrative Fine/Lien in the amount of $3,750 as provided in Chapter 162, Florida Statutes. I HEREBY CERTIFY that on this Motion has been furnished by regular mail Avenue, Clermont, FL 34711. if .1 j Z�' an , Clermont City Attorney deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP P.O. Box 87 Orlando, FL 32802 (407) 422-2454 / (407) 992-3 541 (Fax) FBN; 562327 _,+i.., `� day of January 2011, a true and correct copy of this to Jean A. and Donald C. Edwards, 624 Prince Edward CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. JEAN A. and DONALD C. EDWARDS, Respondents. Case No: CEB 09-603 624 Prince Edward Avenue Clermont, Florida 34711 FINDINGS OF FACT, CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on November 17, 2009 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer for the City and having noted that Respondent, Donald C. Edwards, was present, thereupon issues the following Findings and Fact, Conclusion of Law, and Order: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. has been provided to Respondents. 2) The Respondents are the owners of and in custody and control of the property described as Parcel No.: 19-22-26-0100-000-03400 in Clermont, Florida. 3) The subject property and the structure, swimming pool and accessory structure located thereon have not been maintained as required by code. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondents, JEAN A. and DONALD C. EDWARDS, are in violation of Clermont City Code Chapter 14, Section 14-9, International Property Maintenance Code 2006, sections 108.1.3 (structure unfit for human occupancy), 302.1 (sanitation) 302.4 (weeds), 302.5 (rodent harborage), 302.7 (accessory structures) 303.1 (swimming pools), 304.7 (roofs and drainage), 305.1 (general) and 307.1 (accumulation of garbage and rubbish). III. ORDER Respondents shall correct the above -stated violation on or before January 19, 2010 by taking the remedial action as set forth in the Violation Notice dated October 16, 2009. If the Respondents fail to timely correct the violation a fine of TWO HUNDRED AND FIFTY DOLLARS ($250) will accrue for each day the violation continues past January 19, 2010. cp36042doc#655 CASE NO.: 09-603 Respondents are 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. Respondents shall call (352) 241-7309 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 Crmont Code Enforcement Department. Done and Ordered this E day of November 2009. CODE ENFORCEMENT BOARD F THE CITY OF CLERMONT, FLORI James T. 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. I HEREBY CERTIFY that on this day of November 2009, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondents, Jean A. and Donald C. Edwards, 624 Prince Edward Avenue, Clermont, FL 34711. �#-7c)c)4 aE--joD0()( ?515 JIR7 cp36042doc#655 2 CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, vs SOUTHLAKE VILLAGE DEVELOPMENT, LLC Respondent. Case No: 10-655 Vacant Lots on Legends Way Clermont, FL NOTICE OF HEARING AND MOTION FOR ORDER IMPOSING FINE AND CREATING LIEN ON PROPERTY YOU ARE HEREBY ADVISED that the Code Enforcement Board shall conduct a hearing on January 18, 2011, at 7:00p.m. in the Council Chambers, City Hall, 685 West Montrose Street, Clermont, Florida, to consider the petitioner's request as set forth below for authorization to impose a fine and create a code enforcement lien in this matter. This motion is pursuant to Chapter 162, Florida Statutes. At its June 15, 2010 hearing the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order finding that a City Code violation had occurred on the above property related to a violation of City Code Section 14-9 (1), International Property Maintenance Code 301.3 and 302.4. The Board's written order provided that Respondent would correct the violation on or before July 20, 2010 or a fine of $250.00 per day would accrue. The Respondent failed to timley correct the violation and a fine has accrued based on the above -referenced Order of the Board. The violations were corrected as of August 1, 2010 and a fine of $3,000 remains unpaid. WHEREFORE, the City of Clermont requests the Code Enforcement Board authorize recording of an Order Imposing Administrative Fine/Lien in the amount of $3,000 as provided in Chapter 162, Florida Statutes. I HEREBY CERTIFY that on this day of .ianuary 2011, a true and correct copy of this Motion has been furnished by regular M it to Southlake Village Development, LLC, 1111 Kane Concourse, Ste 401F, Bay Harbor Islands, L 33154. Dam , Clermont City Attorney deBeaubien, Knight, Simmons, Mantzaris & Neal, LLP P.O. Box 87 Orlando, FL 32802 (407) 422-2454 / (407) 992-3541 (Fax) FBN: 562327 CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Case No: CEB 10-655 Vacant Lots on Legends Way Petitioner, Clermont, Florida VS. SOUTH LAKE VILLAGE DEVELOPMENT, LLC Respondent. FINDINGS OF FACT, CONCLUSION OF LAW and ORDER THIS MATTER came before the Code Enforcement Board of the City of Clermont for hearing on June 15, 2010 and the Board having heard sworn testimony and received evidence from Suzanne O'Shea, Code Enforcement Officer for the City and the Board having noted that Respondent, SOUTH LAKE DEVELOPMENT, LLC, was not present, thereupon issues the followii,g Findings of Fact, Conclusion of Law, and Order: I. FINDINGS OF FACT I) Notice as required by Section 162.12, F.S. was provided to Respondent and Respondent was not present. 2) The Respondent is the owner of and in custody and control of the property described as Parcel No.: 09-22-26-1205-0110-00001 in Clermont, Florida. 3) There currently exists on the property high grass and weeds, refuse and miscellaneous construction and other debris as described in the Violation Notice dated April 15, 2010 filed in this matter. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, SOUTH LAKE VILLAGE DEVELOPMENT LLC, is in violation of Clermont City Code Chapter 14, Section 14-9, International Property Maintenance Code Sections 301.3, Vacant structures and land and 302.4, Weeds. Ill. ORDER Based on the above -stated findings and conclusion of law, it is hereby Ordered that: 1) Respondent shall correct the above -stated violation on or before July 20, 2010, by taking the remedial action as set forth in the Violation Notice dated April 15, 2010. If the Respondent fails to timely correct the violation a fine of TWO HUNDRED AND FIFTY cp36042doc#832 Case No: CEB 10-655 DOLLARS ($150.00) will accrue for each day the violation continues past July 20, 2010. 2) Respondent bears the burden of, and shall 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) 241-7309 to request an inspection. 3) 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. �l Done and Ordered this day of June 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA Chai James T. Purvis An aggrieved party, including the City Council of the City of Clermont, may appeal a f ual 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. I HEREBY CERTIFY that on this day of June 2010, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, South Lake Village Development, LLC, 1111 Kane Concourse, Ste 401F, Bay Harbor Islands, FL 33154. (r m U - on Oslo aool d5�q �'675' ca36042doc#832 �. ` 7 � r—+ ;� y i s����. �PR� : i �+ --�� c 7 C, .'9 i �.. ry '; - .. - .. ir.