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02-15-2011 Regular Meeting (Supporting Documents)CODE ENFORCEMENT BOARD MEETING FEBRUARY 15, 2011 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF OF THE MINUTES OF THE CODE ENFORCEMENT BOARD MEETING FOR JANUARY 18, 2011 OPENING STATEMENT AND SWEARING IN WITNESSES AGENDA ............................................... ■ ............................. ■ 1 NEW BUSINESS CASE NO. 11-703AMA Orlando Investments One LLC Bella Lago Subdivision Clermont, FL 34711 VIOLATION: IPMC Sections 302.4 Weeds and fin% 301.3 Vacant Structures and Land CASE NO. 11-706 Ramlahkhan Singh 699 N. Highway 27 C`..�` Clermont, FI 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2), Unlawful Maintenance of Nuisances -Weeds & Refuse OTHER BUSINESS CASE NO. 09-494 936 10th Street, LLC 1/ �►� 936 10th Street G Clermont, FL 34711 � l y, VIOLATION: Chapter 122, Section 122-262 Failure to obtain site plan approval prior to converting building REQUEST: Forgiveness of Fine CASE NO. 09-503 \I ` Celebration of Praise Church of God l7 3700 S. Highway 27 Clermont, FL 34711 VIOLATION: Chapter 86, Section 141 Failure to Adhere to Obligations of CUP REQUEST: Forgiveness of Fine 3b des CASE NO. 09-596 sh Leslie Anne Jarrard S� 1400 West Avenue Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 No Permit for Accessory Structure REQUEST: Forgiveness of Fine 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. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, January 18, 2011 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Dave Holt, Les Booker, Alfred Mannella, and Ed Carver. Also attending were Jim Hitt, Planning Director, Suzanne O'Shea, 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 November 16, 2010 were approved. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Suzanne O'Shea, along with any of the public who may testify, was sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. City Attorney Dan Mantzaris stated that Case No. 11-700 has complied and will not be heard. CASE NO.11-697 Hep 8 Cler, LC 4335 S. Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 4335 S. Highway 27, Clermont, FL 34711 REPEAT VIOLATION: Chapter 34, Section 34-32; Business Noises Disturbing Residential Neighborhood City Attorney Dan Mantzaris introduced the case. The Respondent was not present, however the restaurant owner of China Taste was present. Code Enforcement Officer Suzanne O'Shea read the violation summary as follows: You are hereby notified that you are in repeat violation of the referenced section of the City of Clermont Code of Ordinances as evidenced by Clermont Police Report 2010-29741 by Lt. M. McMaster on Monday, December 20, 2010. The City is requesting a one-time fine in the amount of $500.00. Mr. Mantzaris stated that the first time this case came before the Board was in November 2009. He stated that they came before the Board in September 2010 for a repeat violation. He stated that this is the third time this case has been before the Board and the second time as a repeat violation. Lt. M. McMasters, Clermont Police Department, stated that the police did not receive the call for service on the date of the violation. He stated that they had been called prior to that date in reference to the N CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 pressure washing being done on the roof after hours, so they increased patrols of this area. He stated that at 9:55 pm as he pulled into the south entrance of the plaza he could hear the pressure washer. He stated that the pressure washer was being operated at China Taste. He told the pressure washer operator that he had to shut down because it was past time for the noise ordinance, at which time the operator did pack up the equipment. Dharmendra Soni, 899 W. Highway 50, stated that the restaurant is open until 9:00 pm, so they can't clean up until after the closing of the restaurant. Mei Lian Chen, 4335 S. Highway 27, stated that she just purchased the China Taste in December. She stated that this will be the last time, and requested that this one time, they not be fined for this incident. Chairman Purvis asked what she would do to stop this from happening after hours. Ms. Chen stated that she would have them clean in the mornings before opening for business. Board member Mannella stated he feels the owner property should pay the fine due to the fact this is the third time and he feels the property manager is not correctly informing the tenants of the noise ordinance. Board member Booker stated that they should not have to start counting each time there is a new owner for China Taste because every time it has come before the Board, they say there is a new owner. Board member Holt asked if the property manager explained the lease prior to the Respondent signing. Chairman Purvis stated that he agrees with everything that was said, but he feels they should not take Staffs recommendation toward the new business owner because he does not consider her a repeat offender. Mr. Mantzaris stated the code reads that the property owner is responsible for all tenants and all activity and behaviors on their property, even if they are not the violators. David Holt made a motion to find the Respondent in violation of the cited City code with a fine o $250: seconded by Ed Carver. The vote was 3-3 so the vote fails. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $500: seconded by Alfred Mannella. The vote was 4-2 in favor o, finding the Respondent in violation and in favor of the amount of the fine with Board members Holt and Carver opposing. CASE NO.11-698 Tower Villages, Inc. 211 Citrus Tower Blvd. Clermont, FL 34711 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 LOCATION OF VIOLATION: 211 Citrus Tower Blvd., Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 (a)(b)(c)(d); Severe Pruning & Destruction of Adult Tree City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the severe trimming/excessive hatracking of eight live oak trees and one drake elm tree on the property. 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 to be 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 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. Board member Mannella asked if the City asked the property owner to prune the trees or did they decide to prune them themselves. Ms. O'Shea stated that it seems they chose to prune them on their own. She stated there would not have been a violation if they weren't so severely trimmed. Chairman Purvis asked if the tree trimmers were licensed and if they had a permit. Ms. O'Shea stated that they did not need a permit to trim the trees and said they were not tree trimmers who trimmed the trees. Board member Holt asked if the power lines above the trees were the issue for severely trimming the trees. Herb Smith, president of Tower Villages, Inc., stated that he has been building in Clermont for more than 25 years. He stated that he did not tell the tree trimmers to prune the trees so severely. He stated that he told them to cut them down about 2 feet below the power lines. He stated that if he knew there was a pruning code, he would have just had Progress Energy trim them rather than pay someone to trim the trees. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 Board member Booker asked when the trees can be replaced. Mr. Smith stated that he does not have the money to just replace all the trees at this time. He stated that he will do what he needs to do. He stated that if he can replant one or two trees at a time until he gets them all replanted. Ms. O'Shea stated that the city is willing to work with Mr. Smith, but there are several trees he can choose from to replace these trees. 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 startingon 19, 2011: seconded by Alfred Mannella. The motion was amended to allow a preferred tree, but not necessarily requiringacanopy tree. The vote was 5-1 in favor of finding the Respondent in violation and in favor of the time period and the amount of the fine, with Board member Ed Carver opposing CASE NO.11-699 George Francoyannis 1768 Nature Cove Clermont, FL 34711 LOCATION OF VIOLATION: 1768 Nature Cove, Clermont, FL 34711 VIOLATION: Chapter 336-C; Water Restrictions City Attorney Dan Mantzaris introduced the case. The Respondent was not present. Al Freeman, City of Clermont Water Conservationist, stated that the Respondent was given a warning, a first and second violation and a fine which he paid. He stated that he witnessed the third violation on August 16, 2010 which was a Monday. He stated that the Respondent's watering days were on Thursdays and Sundays. He stated that this property is vacant. He stated that certified mail was returned but regular mail was not returned. He stated that in September he witnessed a fourth violation so he had the Utility Billing Department shut off and lock the meter to this address due to the repeated violations. David Holt made a motion to find the Respondent in violation of the cited Qx code with a lien of $250 be placed on the cited property: seconded by Alfred Mannella. The vote was unanimous in favor of finding the Respondent in violation and placing a lien on the cited property. CASE NO.11-702 Senturk Marketing, Inc. 899 W. Highway 50 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 Clermont, FL 34711 LOCATION OF VIOLATION: 899 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 118, Section 118-35 (a)(b)(c)(d); Landscape Maintenance City Attorney Dan Mantzaris introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the City of Clermont Code of Ordinances, due to the following: Property landscaping, consisting of shrubs and trees, are in poor condition and/or missing from the original landscape plan for the property. Compliance of this violation will be when: Twelve preferred canopy trees are replanted in accordance with the original landscape plan for the property. 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. Shrubs around the property must be replanted as 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. Dharmendra Soni, 899 W. Highway 50, stated that there is no date on the landscape plan and he has owned the property for 10 years. He stated that a couple years ago they removed the shrubs and replaced them. He stated that he has spent a lot of money on landscaping, replacing the tanks and the building. He stated there were no trees in the requested area before the tanks were replaced. Les Booker made a motion to find the Respondent in violation of the cited City code with a fine of $250 per day for every day in violation startingon July 19, 2011: 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.10-655 Southlake Village Development, LLC Vacant Lots on Legends Way Clermont, FL 34711 LOCATION OF VIOLATION: Vacant Lots on Legends Way, Clermont, FL 34711 REQUEST: Impose Fine and Create Lien on Property City Attorney Dan Mantzaris introduced the case. Attorney Jimmy Crawford stated that he was here representing the Respondent and to answer any questions. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD JANUARY 18, 2011 Les Booker made a motion to lower the fine from $3, 000 to $300 to be paid within 30 days or a lien be placed on the property: seconded by Alfred Mannella. The vote was unanimous in,favor of lowering the fine to $300.00. CASE NO.09-603 Jean A. and Donald C. Edwards 624 Prince Edward Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 624 Prince Edward Ave., Clermont, FL 34711 REQUEST: Impose fine and Create Lien on Property City Attorney Dan Mantzaris introduced the case. David Holt made a motion to waive the fine of $3, 750.00: seconded by Alfred Mannella. The vote was 4-2 in favor of waivin the fine of $3, 750.00 with Board members Purvis and Booker opposing. There will be no Code Enforcement meeting for March 2011. There being no further business, the meeting was adjourned at 8:58 p.m. Attest: Rae Chidlow, Code Enforcement Clerk James Purvis, Chairman �l Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-703 Petitioner Violation No. 1657 VS. AMA ORLANDO INVESTMENTS ONE 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 FEBRUARY 15, 2011, at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, AMA Orlando Investments One LLC, 8819 SW 74`" Ave., Gainesville, FI 32608 (Certified Mail/Return Receipt Requested# 7006 0810 0001 2594 6865) BY: Suzan this 27`h January 2011. Officer 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 January 10, 2011 To: AMA ORLANDO INVESTMENTS ONE LLC 8819 SW 74TH AVE GAINESVILLE, FL 32608 Violation # 1657 Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 9118 Property Address: VACANT LOTS LOCATED IN BELLA LAGO SUBDIVISION, CLERMONT, FL 34711 Type of Violation: High grass/Weeds In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2006" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: • High grass and weeds in excess of 18 inches (Section 302.4 Weeds) (Section 301.3 Vacant Structures & Land) Action Required to Correct Violations: • Mow grass and weeds on the property, including to the street right -of- way. Remove all clippings and dead vegetative debris. 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: Monday January 24, 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: CHAPTER 3 GENERAL REQUIREMENTS SECTION 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 main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 3013 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 occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior property shall be main- tained free from weeds or plant growth in excess of Ourisdic- tion to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a prop- erty to cut and destroy weeds after service of a notice of viola- tion, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having juris- diction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the 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. 3025 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut- ting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self -closing and self -latch- ing. Where the self -latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self - latching gates shall be maintained such that the gate will posi- tively close and latch when released from an open position of 6 inches (152 rum) from the gatepost. No existing pool enclosure 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE Suzanne L. O'Shea rom: Todd Griffin [tgriffin@roofcontrol.com] —ent: Thursday, January 13, 2011 8:57 AM To: Suzanne L. O'Shea Cc: 'Robin Griffin '; tgriffin@roofcontrol.com Subject: Request for appearance February 15th code enforcement meeting Suzanne: As per our conversation, we would like to formally request appearance before the board on February 15th to seek mitigation of the levied fines with regard to the conversion of the referenced property. Please let me know if you need anything else prior to the meeting. Thanks J Todd Griffin Roof Control Services, Inc. V 352.241.9677 A 321.251.6543 936 10th Street Clermont, FL 34711 This email is confidential, may be legally privileged, and is solely for the use of the intended recipient. Access, disclosure, copying, stribution, or reliance on any of it by anyone else is prohibited and may be a criminal offence. If you have received this e-mail by mistake, ease notify the sender immediately by e-mail and delete this e-mail from your system. Roof Control Services, Inc. has taken reasonable precautions to ensure no viruses are present in this e-mail however the company cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. 936 LOTH STREET, LLC, Respondent. Case No: CEB 10-645 93610`h Street 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 April 20, 2010 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 representatives of Respondent, 936 10ffi Street, LLC, thereupon issues the following Findings and Facts, Conclusion of Law, and Order: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. was provided to Respondent and Respondent's representative was present. 2) The Respondent is the owner of and in custody and control of the property described as Parcel No.: 23 22 25 0500 1110 0400 in Clermont, Florida. 3) There currently exists a failure to complete site plan and convert property to commercial use and obtained the required business tax receipt for the commercial use as described in the Violation Notice dated February 3, 2010 filed in this matter. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, 936 LOTH STREET, LLC, is in violation of Clermont City Code Chapter 122, Section 122-262. III. 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 September 21, 2010, by obtaining the required business tax receipt action as set forth in the Violation Notice dated February 3, 2010. If the Respondent fails to timely correct the violation a fine of TWO HUNDRED AND FIFTY DOLLARS ($250.00) will accrue for each day the violation Case No: CEB 10-645 continues past September 21, 2010. 2) Respondent bears the burden of, and shall contact the City of Clermont Code Enforcement Department to arrange for a re -inspection of the Property and to verify that the violation has been corrected, and the property has been brought into compliance with the City Code Sections as cited above. Respondent shall call (352) 241-7309 to request an inspection. 3) Any fine imposed shall accrue from the date it is imposed until the date that the violation is corrected as verified by the City of Clermont Code Enforcement Department. Done and Ordered this day of April 2010. CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA ames T. Purvis An aggrieved party, including the City Council of the City of Clermont, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Any such appeal shall be filed within thirty (30) days of the rendition of this Order as set forth in Section 162.11, Florida Statutes. I HEREBY CERTIFY that on this day of April 2010, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, 936 10t" Street, 11748 Osprey Pointe Drive, Clermont, FL 34711. -$ —lob to 0$10 60 01 9595 a-79S' 4T� 7 00(p O 8'[ v o Co I a 5i?Ll 5 q 53 Suzanne L. O'Shea rom: Chris Dutruch [pastorchris@celebrationofpraise.net] Sent: Wednesday, January 26, 2011 4:34 PM To: Suzanne L. O'Shea Subject: Feb 15th meeting Susan, Please schedule Celebration of Praise Church for the February 15th 2011 meeting, to seek forgiveness of fines regarding case # 09-503. Chris Dutruch, Senior Pastor Celebration of Praise Clermont, Florida CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, Vs. CELEBRATION OF PRAISE CHURCH OF GOD, Respondent. Case No: CEB 09-503 3700 S. Highway 27 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 June 16, 2009 and the Board having heard sworn testimony and received evidence from Betty McMinamen, Code Enforcement Officer and James Hitt, Planning Director for the City and having noted that Respondent were represented by Chris Dutruch and Shawn Cort, thereupon issues the following Findings and Facts, Conclusion of Law, and Order: 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.: 13-23-25-0405-033-00001; 05-23-26-0004-000-00300 and 08-23-26-0550- OOE 00000 in Clermont, Florida. 3) The Respondent has failed to meet the requirements of the approved Conditional Use Permit dated June 4, 2003 for the operation of the facility on the property, specifically having failed to comply with Section 4, Paragraph 6 in violation of City of Clermont Code Ch. 86, Section 141. II. CONCLUSIONS OF LAW The Code Enforcement Board finds the Respondent, CELEBRATION OF PRAISE CHURCH OF GOD, is in violation of Clermont City Code Ch. 86, Section 141. III. ORDER Respondent shall correct the above -stated violation on or before July 15, 2009 by taking the remedial action as set forth in the Violation Notice dated April 21, 2009. If the Respondent fails to timely correct the violation a fine of ONE HUNDRED DOLLARS ($100) will accrue for each day the violation continues past July 15, 2009. co36042doc#510 CASE NO.: 09-503 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 012 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 j day of Lt �tr . 2009. 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 ��day of June 2009, a true and correct copy of this Order has been furnished by certified and regular mail to the Respondent, Celebration of Praise Church of God, 3700 S. Highway 27, Clermont, FL 34711. cam #- -700('0 oe\o CxXD% 3?S-95 -3818 �� e�— W C' k Code Enforcemen Officer —1AnA'7tA—A91 n Suzanne L. O'Shea rom: Leslie Jarrard[Ijarrard@militaryresortrentals.com] ,,ent: Friday, January 21, 2011 6:08 PM To: Suzanne L. O'Shea Subject: Code Enforcement Board Meeting Suzanne, I would like to request to come before the Code Enforcement Board on February 15`h 2011 in order to ask for forgiveness of my fines. We have won the variance approval and are now compliant with the City of Clermont's Building Code. Thanks and please let me know if this is approved. Leslie Jarrard 394-8058 CODE ENFORCEMENT BOARD OF THE CITY OF CLERMONT, FLORIDA CITY OF CLERMONT Petitioner, VS. LESLIE ANNE JARRARD, Respondent. Case No: CEB 09-596 1400 West 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 Respondent, Leslie Anne Jarrard, thereupon issues the following Findings and Fact, Conclusion of Law, 1 d Order: I. FINDINGS OF FACT 1) Notice as required by Section 162.12, F.S. has been provided to Respondent and Respondent was present. 2) The Respondent is the owner of and in custody and control of the property described as Parcel No.: 26-22-25-0300-1030-0001 in Clermont, Florida. 3) An accessory structure exists on the property that was constructed without a required permit. II. CONCLUSION OF LAW The Code Enforcement Board finds the Respondent, LESLIE ANNE JARRARD, is in violation of Clermont City Code Chapter 122, Section 122-344, General development conditions; (a) Building Permit Required. III. ORDER Respondent shall correct the above -stated violation on or before November 18, 2009 by taking the remedial action as set forth in the Violation Notice dated October 2, 2009. If the Respondent fails to timely correct the violation a fine of TEN DOLLARS ($10) will accrue for each day the violation continues past November 18, 2009. CASE NO.: 09-596 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) 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 Clermont Code Enforcement Department. Done and Ordered this � day of November 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CLE,RMONT, FLO-RIPrV 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 Respondent, Leslie Anne Jarrard, 1400 West Avenue, Clermont, FL 34711. ` 7dd (0 0 R/( WO( oZ5q 5 d-x7 cp36042doc#651 n