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04-19-2011 Regular Meeting (Supporting Documents)CODE ENFORCEMENT BOARD MEETING APRIL 19, 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 f FOR FEBRUARY 15, 2011 OPENING STATEMENT AND SWEARING IN WITNESSES AGENDA NEW BUSINESS CASE NO. 11-707 �� Gregory Powers 1. 520 Lake Avenue G�d1rl'��u� 11 �,Clermont, FL 34711 VVIOLATION: IPMC - Chapter 14 Sections 14-9 (307.1) Exterior Property Maintenance CASE NO. 11-709 Joel & Connie A. Casimiro 612 W. Minneola Avenue Clermont, FI 34711 / VIOLATION: C_� Chapter 122, Section 122-344 t Expired permit — pool, spa and deck CASE NO. 11-710 Eagle FL I SPE LLC NW corner of Brogden and Highway 27 I Clermont, FL 34711 VIOLATION: �/ t Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances -Weeds CASE NO. 11-711 Lola Mae Chandler & Nadelynn Chandler Youn 833 Scott Street Clermont, FL 347111� / VIOLATION: ,�� �,1�31PMC Chapter 14, Sections 14-9 (302.4) / V Weeds CASE NO. 11-712� V Tower Medical Center j 1Z �1\ 210 N. Highway 27 /VIOLAIION: , wk" ermont, FL 34711ZGL l.L" tS Chapter 118, Section 118-35 SIX 3— aV_k� it IL )1b 1 I Severe Pruning of Trees `�0 ( / CASE NO. 11-713 Wayne Thomas —'� 214 2"d Street / Clermont, FL 34711 �ckxje-iL.r ,V/ CODE ENFORCEMENT BOARD MEETING APRIL 19, 2011 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. v VIOLATION: IPMC Chapter 14, Sections 14-9 (704.1) Fire Prevention CASE NO. 11-714 - LISmokey Valley Stone Company 515 Highway 27 Clermont, FI 34711 ,\ VIOLATION: M a Chapter 34, Section 34-61 (1) �� �,�� ✓ Unlawful Maintenance of Nuisances -Weeds CASE NO. 11-715 James H. Gano ' �L ✓ 1210 10th Street V V Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-95 Unlawful Storage in Residential Areas CASE 70. 11-718� Dwayne H. and Rhonda M. Gregoire `�jL` %L 1248 Shorecrest Circle �v1Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344 Expired Permit for Swimming Pool & Spa CASE NO. 11-719 Floyd Forbes �t+1CJ�,G 1050 W. Highway 50 Permont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (2) Unlawful Maintenance of Nuisances -Refuse CASE NO. 11-720 Gale Bell 690 Anderson Street Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(2)(3)(10)(14) Unlawful Maintenance of Nuisances CASE NO. 11-721 r Juan Vasquez 1400 Block of 5th Street 7 0)�L."kk sIn I c �' Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1) Unlawful Maintenance of Nuisances -Grass & Weeds CASE O. 11-722 '1' Jivamati Harris ET AL W 935 Princeton Drive �2 C t,31iC l�Clermont, FL 34711 VIOLATION: LAC�1 PONQ &a ,�,aShapter 14, Section 14-9 (302.8) Unlawful Storage in Residential Area S�,>1rl�L ADJOURN 2 CODE ENFORCEMENT BOARD MEETING APRIL 19, 2011 CITY HALL at 685 WEST MONTROSE STREET At 7:00 P.M. 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. Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2010 Go The 2010 Florida Statutes(including Special Session A) Title XXIII Chapter 320 View Entire Chapter MOTOR VEHICLES MOTOR VEHICLE LICENSES 320.133 Transporter license plates.— (1) The department is authorized to issue a transporter license plate to any applicant who, incidental to the conduct of his or her business, engages in the transporting of motor vehicles which are not currently registered to any owner and which do not have license plates, upon payment of the license tax imposed by s. 320.08(15) for each such license plate and upon proof of liability insurance coverage in the amount of $100,000 or more. Such a transporter license plate is valid for use on any motor vehicle in the possession of the transporter while the motor vehicle is being transported in the course of the transporter's business. (2) A license issued pursuant to subsection (1) must be in a distinctive color approved by the department and the word "transporter" must appear on the face of the license plate in place of the county name. (3) A license plate issued under this section is valid for a period of 12 months, beginning January 1 and ending December 31. No refund of the license tax imposed may be provided for any unexpired portion of a license period. History.—s. 1, ch. 88-410; s. 359, ch. 95-148. Copyright © 1995-2011 The Florida Legislature • Privacy Statement • Contact us 1,++--//..,. —, I--. +.,+o -A—/-4-4.,a,.,./:...,7— .--]_—A7_- ninnn._—__0 n_I_.. , . . .,. .,. . t 1 N • , S t w+w►';1w� '4 'I�;:�.is.i�.��•,ayaawrik.. .. � _ } :� � '.. y- lyre',,_ �i'_� �.y:.. �. � ...• .,,1 �3 _• f"A�r � ���� r-, _ _ _ ,- N �< _ ' �: Ss � .r`:r.. 'alter' liF. it rsl. � .iiilj� ., .� �y�~• . . Page 1 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 25, 2011 To: Tower Medical Center 1976 Brantley Cir Clermont, FI 34711 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6629 Violation #1661 Property Address: 210 N Highway 27, Clermont, FI 34711 Parcel Numbers: 18-22-26-0210-0000-4400 18-22-26-0210-0000-4300 Type of Violation: SEVERE PRUNING OF TREES In Violation Of: Chapter 118, Section 118-35 "Maintenance and Pruning." This notice is to address the violation of city code which has occurred on your property. Trees have been severely trimmed, well beyond what is considered to be acceptable maintenance standards, and can therefore be considered a violation of city code. Trees should be allowed to grow naturally, in the manner to which they are intended. Canopy trees (oaks and elms) should not be shaped, nor should they be cut to improve visibility to the property. Prior warning given on January 25, 2010, and received by certified mail. Compliance of This Violation will be when: A tree removal permit is submitted with all fees paid. 27 preferred canopy trees and 2 understory trees are to be replaced in lieu of the trees that were affected. (21 Live oaks, 6 American Elms, and 2 crape myrtles) (Site plan attached) The canopy trees must individually meet at least the following criteria: 65 gallon 12 to 14 feet in height in overall height immediately after planting 6 to 8 foot spread 3 to 3'/z caliper FL Grade 1 or better Understory trees shall be a minimum of: 8 feet in overall height immediately after planting 4 foot spread • The trees must be replaced in close proximity to the affected trees. You are directed to take action by Tuesday March 1, 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. Please call (352) 241-7309 or contact me at soshea(cDclermonfl.org with a 7ncerns you may a regarding this issue. By: Suzanne O hea Cho e Enforcement Officer u AA110 k ;�, ✓i 4. 30' OAK W 0 BO ip 1 71. i'llm 9 Page 3 TREE PRUNING (Revised 2008) Page 4 Best Management Practices TREE PRUNING (Revised,2008) Edward F. Gilman and Sharon J. Lilly Companion publication to the ANSI A300 Part 1: Tree, Shrub, and Other Woody Plant Maintenance —Standard Practices, Pruning Page 5 Pruning to Restore Restoration (remedial pruning) is the selective removal of branches, sprouts, and stubs from trees and shrubs that have been topped, severely headed, vandalized, lion tailed, broken in a storm, or otherwise damaged (Figure 9). The goal of res- toration is to improve a tree or shrub's structure, form, or appearance. On trees with many sprouts originating at the ends of branch stubs, one to three sprouts are selected to become permanent branches and to reform a more natural -appearing crown. To accomplish this objective, consider shortening some sprouts, removing others, and leaving some untouched. Some vigorous sprouts that will remain as branches may need to be shortened to control growth and ensure adequate attachment for the size of the sprout. Lion -tailed trees can be restored by allowing sprouts to develop along the interior portion of limbs for one to three years depending on size, age, and condi- tion of the tree. Then remove and shorten some of the sprouts along the entire length of the limbs, so they are evenly distributed and spaced apart. Restoration usually requires several prunings over a number of years. Restoration may require a variety of types of cuts. At times, heading cuts may be preferable to branch removal cuts or reduction cuts to preserve as much of a damaged branch as practical. This is sometimes the case in restoration after storm damage. Specify the location in the tree (for example, top or interior) and the percentage of sprouts to be removed or reduced. Typically, one-third of the sprouts are removed and one-third are reduced each pruning until adequate branches have developed. Pollarding Table 3. Some species in these genera Pollarding is a training system that involves are known to tolerate pollarding. heading the first year followed by annual sprout removal to maintain trees or shrubs Ash (Fraxinus) Beech (FtWi s) Page 6 Before restoration r. Problem: Many sprouts form from the cut ends of topped or storm -damaged trees. Some sprouts also develop behind the cuts. All are poorly attached to the tree —at least for several years —and can break easily. Notice the eight sprouts that developed from the damaged branch. There are too many sprouts too close together. After restoration Y 's .......... Solution: Begin by removing dead stubs (see arrow). removing some sprouts com- pletely. and shortening others using reduction cuts (indicated by dotted tines). This procedure helps rebuild structure by spacing unpruned sprouts apart so that they can develop into branches. The shortened branches help protect the sprouts that remain. Figure 9. Restoration attempts to improve structure by removing or reducing sprouts. 15 .rr 4w 10 Page 7 ANSI A300 (Part 1)-2008 Pruning Revision of ANSI A300 (Part 1)-2001 j !F c � 3 i►a for Tree Care Operations — Tree, Shrub, and Other Woody Plant Management — r Standard Practices (Pruning) A VOICE OF TREE CARE `o�ed wAncan Natiollal., RE: Tree Pruning Gilman,Edward f ;egilman@UFLEDUi .. Wed 4/06/11 10:32 AM David Allyn (davidallyn@live.com) It will be extremely challenging, but not impossible, to train these trees into strong structure given their current condition. A skilled arborist using appropriate techniques pruning annually for 3 to 5 years could put good structure back into the trees. Ed Gilman Page 9 :David Allyn From: Sharon Lilly [sliily@isa-arbor.comj Sent: Wednesday, April 06, 2011 9:32 AM To: 'David Allyn' Cc: 'doc@davidallyn.com' Subject: RE: Tree Pruning Hello Dr. Allyn, From your description I was pleased that you have as recognized the problem and b; found the solution - corrective pruning. The good news is that the trees are young and vigorous and should respond nicely (it looks like they already have). The bad news is the proximity to the power lines. I suspect that it will not be many years before the contractors for the power company will need to do some extensive pruning of your trees to ensure the safety and reliability of utility services. In addition to our continuous Preaching about the evils of topping trees, we also teach "Hight tree, right place," which, among other things, is about not planting tall -growing species under or near utility wires. It is difficult to tell just how close the trees are from your photos. You might think about your options of either moving some trees, planting_ others farther away, or even removing trees directly under the lines and replanting with smaller ornamental species. Consider contacting and ISA Certified Arborist for more advice on local species. Also ... the photo looks like Florida .... the premier expert on pruning and training young trees is at the Universitv of Florida. His name is Dr. Ed Gilman. Good iuck with your trees. Sharon Sharon Lilly Director of Educational. Goods and Services International Society of Arboriculture 217-355-9411 ext. 209 Fax 217-355-9516 P.O. Box 3129 Champaign, IL 61826-3129 www.isa-arbor.com "Through research, technology, and education promote the professional practice of arboriculture and foster a greater public awareness of the benefits of trees." 2011 - Trees Down Under - Save the gate- July 23-27 ISA Annual Conference, Trade Show & International Tree Climbing Championship Page 10 From: tandersen@TCIA.org To: davidallyn@live.com Date: Wed, 6 Apr 2011 08:30:03 -0400 Subject: RE: Tree Pruning Yes, your trees can be restored to normal, or your idea of what a tree should look like. But Peter Gerstenberger is correct in that it will take the expertise of a skilled arborist making corrective pruning cuts over several years. Proper cultural controls will need to be applied in order to keep the trees healthy enough to survive the lengthy restoration process. Again, you should look for the onsite evaluation from a qualified tree expert. There are many things about the planting site and the basic tree health that is not visible from a photo, and will determine exactly how the restoration process should proceed, if at all. http://www.asca-consuItants.org/find/index.cfm Tchrikki :l ndei-s n, BCMA TCL-1 Staf{.13•hnrist landers•en( Icia. oriz ((13-314-5_380., 12 1-N00--3;-?r2 2 Page 11 Recommended Trees For Planting Under Utility Lines and Street Lights Botanical Name Common Name Height Note Acer ginnala Amur maple 15-20 ft Acer palmatum Japanese maple 15-25 ft Acer tataricum Tatarian maple 15-20 ft Anielanchier spp. Serviceberries 15-25 ft Many varieties and hybrids; a few reach 30 ft Cercis canadensis Eastern redbud 20-25 ft Showy flowers, varieties come in many colors Chionanthus Orglnicus White fringetree 12-20 ft White, drooping flowers. Native Cornus Florida Flowering dogwood 20-25 ft Corpus kousa Kousa dogwood 20-25 ft Cotinus coggygria Common smoketree 10-15 ft Avoid the American smoketree, which grows to 30 feet Crataegus spp. Hawthorns 15-25 ft Avoid Washington hawthorn, which grows to 35 feet Hamamelis spp. Witchhazel 15-20 ft Many varieties & cultivars; common witchhazel grows to 30 feet Ilex x attenuata Foster holly 10-15 ft Aaelreweria paniculata Golden raintree 20-25 ft Lagerstroemia spp. Crape myrtle 15 25 ft Avoid the "tree" types Magnolia x soulanoiana Saucer magnolia 20-30 ft Magnolia .stellala Star magnolia 10-20 ft JAlalus sp. Flowering crabapples 20-25 ft .Syringa i=ulgaris Common lilac 10-20 ft CHOOSING SUITABLE TREES FOR URBAN AND SUBURBAN SITES: SITE EVALUATION AND SPECIES SELECTION IV PUBLICATION N= ENH 1057 EDWARD F. GILMAN t — LAURA SADOWSKI a J �g UFMFLORIDA 4V I IFAS Latrn ton +ter Selecting the right tree for a particular place can avoid costly disappointments later. Trees adapted to the planting site are more likely to remain standing in hurricanes. Thorough site evaluation can ensure that the chosen tree will survive conditions inherent to the location. Proper site evaluation, planning, and execution can result in a successful urban forest that resists hurricanes. Figure i shows a successful canopied street. These live oak trees were chosen for their wind -resistant structure and ability to provide shade, but they were only able to thrive given the adequate open soil space and distance from above- ground structures, such as street lights and wires. A simple way to begin a site evaluation is to drive around town to find out which species grow well in landscapes with similar site attributes. it is important to keep in mind that no two sites are exactly alike; various conditions both above and below the ground affect the success of a particular tree species. Visiting a local public garden or nursery is also a great way to learn about all the different species that are available and being grown locally. A wide variety of books and web materials can provide specific information about growing and selecting trees in the area. • I Site Evaluation p. 2 I! Potential Site Modifications p. 6 III Evaluate Maintenance Practices p. 7 IV Choose Desirable Tree Attributes p. 8 Tree Selection p. 9 Figure 0 Proper planning can produce successful canopied streets and a healthy urban forest when enough soil is available. The Urban Forest Hurricane Recovery Program http://treesa!,dhurricanes.ifas.ufl.edu ? A ciE 13 !§&�v .1to] M4to] Site evaluation is the first step in selecting proper trees for a planting site. It is important to consider both above -ground and below -ground site attributes during this assessment. Many people skip the site evaluation process, which explains why trees planted in urban areas are so often short-lived. ........................ Hardiness Tree adaptations to regions of the country are designated by their hardiness zones. The hardiness zone map, developed by the United States Department of Agriculture, specifies the average lowest winter temperature expected for regions in North America. When choosing trees for a planting site, first note the hardiness zone number of the planting site on the hardiness map. Trees with a hardiness zone range that includes this number are best suited for the site. Slope Exposure Trees with thin bark (Le., cherries, plums, maples) can transplant poorly on southern and western slopes. Transpiration and evaporation from the soil are enhanced on south and west slopes, making it more difficult to maintain adequate soil moisture. Because of this, plan on providing more irrigation to southern and western exposures to help prevent desiccation; drought - tolerant trees are best adapted to these exposures. Northern slopes are more protected from direct sun exposure, and the soil here stays moist longer. Wind Wind increases the amount of water lost from a tree to the atmosphere. Therefore, in areas exposed to higher winds (i.e., near the beach), consider choosing only, drought -tolerant trees. Otherwise, special provisions should be made to increase the availability of irrigation or to protect the site from direct wind. If the site has poorly drained soil, trees will need to be both wet and drought -tolerant. Above -Ground Site Analysis , salt ........................................................................................................... In the above -ground evaluation, many elements should be taken into account. Environmental factors such as light and slope exposure, wind, salt and existing tree presence should be considered, as well as urban conditions such as overhead wires, street and security lights, buildings, signs, vandalism and regulations. Light Exposure Note how many hours of direct sun the planting site receives in the summer. Remember to account for the seasonal change in the sun angle when evaluating sites in other seasons. Trees such as crape myrtle that require full sun need at least six hours of direct sun, though all - day sun produces the best form and growth. Trees suited for full sun to partial sun/partial shade will adapt to a site receiving three to six hours of direct sun. Trees that require some shade are adapted to sites receiving less than three hours of direct sun. Most large trees grow best in full sun. Sunlight reflected from glass or a wall on buildings can increase the heat load on a tree planted near a building. Drought -tolerant trees that grow in full sun are best suited for this kind of site. In addition, providing a large area of soil for roots to explore often helps trees withstand reflected light because the trees have access to more soil from which to absorb water. Irrigation helps these trees as well. Airborne salt affects trees by burning back twigs and foliage, or through roots after it is deposited on the ground and penetrates into the soil. Salt -tolerant trees are often deformed by direct exposure to salty air, but they survive and grow just fine. Foliage on salt -sensitive trees burns, and trees become deformed and grow poorly when exposed to salty air. Trees with one-sided canopies near the coast can be very susceptible to hurricane -force winds that impact the canopy from the heavy side, but this is unavoidable. Other Trees Young trees that tend to develop broad canopies and that require full.or at least partial sun (oaks, mahoganies, etc.) often bend toward the sunlight and develop a one- sided canopy when they are planted under a canopy of established trees. Trees planted between existing established trees may grow slowly or not at all due to root competition and lack of water and shade. Overhead Wires and Street/Security Lights Look up before you plant. Trees are often planted too close to power lines and security lights. When branches reach wires, the utility company must prune them to ensure uninterrupted utility service. Unfortunately, this costs utility companies (and ultimately the customers) billions of dollars each year in the United States. We could greatly lower costs and minimize damage in CHAPTER 10 Choosing Suitable Trees for Urban and Suburban Sites: Site Evaluation and Species Selection P. 2 hurricanes by planting only properly sized trees near wires (Table i). It is best to plant trees as far away from wires as possible (Figure a). DISTANCE FROM TREE SIZE WIRES OR LIGHT AT MATURITY 0-6 feet Planting is not recommended unless trees remain under 25 feet tall Height should be 10 feet or shorter 6-40 feet than wire/light or canopy diameter should be less than twice the distance to wire/light more than 40 feet Any tree can be planted Trees are often located in the same parking lot island as overhead security lights. Eventually the tree canopy will grow into the structure, blocking the desired light. This requires regular pruning to clear the light, which results in a deformed canopy. Good planning locates trees and security lights away from each other, positions lights about 12 feet from the ground so the tree canopy can grow over the light, or selects trees that remain small at maturity so that they remain under the light. Buildings Trees are most stable in the ground when they develop a uniform root system with straight roots distributed more or less evenly around the tree. If a tree is close to a building, the root system can become one-sided and unbalanced. Unbalanced root systems result in tree failure in strong winds. A tree with a narrow canopy may be a good choice within io feet of a building, although tree canopies can adapt by growing more on the side away from the building. If shade is desired, consider planting several small -stature trees to create a closed canopy (Figure 3). Figure © Figure Planting trees far from Plant small -stature trees in overhead wires (top) groups if shade is desired reduces costly maintenance near buildings. Canopies and service outages in catch the wind, and trees storms. Trees located under can blow over when they wires (bottom) are costly to grow substantially above the maintain and can bring down roof line. the wires in strong winds. Some communities plant large trees under wires and prune to keep them clear of wires. CHAPTER Q Choosing Suitable Trees for Urban and Suburban Sites: Site Evaluation and Species Selection p. 3 Page 15 From: PGerstenberger@tcia.org To: davidallyn@live.com Date: Mon, 4 Apr 2011 08:44:38 -0400 Subject: RE: Tree Pruning Dear David, It appears from the tree growth pattern 1 see in the images that your trees were topped, probably with shears, and rounded into a ball. They can be restored to normal with very careful and conservative corrective pruning. Basically, every stub of a branch left by your landscaper has sprouted 6-8 upright branches in the place of one branch. Corrective pruning will remove several of these small branches, leaving 1-3 growing in a desirable direction. You need to hire a very competent arborist this time. Check out other tree information and even find a contractor by visiting Tree Care Tips - http://treecaretips.ora! Peter Peter Gerstenberger Senior Advisor for Safety, Compliance & Standards TREE CARE INDUSTRY ASSOCIATION peter@tcia.org www.tcia.org 603-314-5380 ext. 109 l.)nbrude_t•oar sqfetr trahtin economically with T(rrhrrte Snfetr do ble sessions. Click �n this link.fnr details: https:11secure.tcia.org/store/ProductDetail.aspx?ProductCode=TAILDOWN Page 16 David Allyn From: Fedunak,Charles Alex [cfedunak@ufl.edu] Sent: Tuesday, April 05, 2011 4:10 PM To: doc@davidallyn.com Subject: FW: Tree Pruning Mr. Allyn Richard Beeson is the tree specialist at the Mid Florida Research Station in Apopka. I wanted to get his suggestions on what can be done or do to correct the problem. Like he said the trees could be corrected with proper pruning and with time they would grow out to their natural form. The other problem you may have is that the city is requiring canopy trees instead of smaller trees. I hope this helps. Charles Fedunak Environmental Horticultural Agent IV University of Florida/IFAS Lake County Extension 1951 Woodlea Rd. Tavares, FL 32778 (352) 343-4101 From: Beeson,Richard C,]R Sent: Tuesday, April 05, 2011 13:45 To: Fedunak,Charles Alex Subject: RE: Tree Pruning Dear Charles, I fully agree. If they are not pruned any more this year, with some judicial next spring or perhaps spring 2013, they would re-establish natural form. My guess is they were butchered this way to keep them out of the power lines. The elms look like "Aliee"s, in which case neither species should have been planted this close to the lines. They probably could have gotten by with "Drake' elms. If they areas under the power lines as the pictures appear, it would be best to take them out now and replant with smaller stature trees, such as large crape myrtles (not hat -racked), etc. Sweet viburnum will make a nice small tree to 20 ft if taken care of for 10 to 15 yrs. Richard From: Fedunak,Charles Alex Sent: Tuesday, April 05, 2011 9:11 AM To: Beeson,Richard CdR Subject: FW: Tree Pruning Richard, Even though I can't see the pruning that was done on these trees I would say that given time and maybe some corrective pruning they should recover. What are your thought on this? Charles Fedunak Environmental Horticultural Agent IV University of Florida/IFAS Lake County Extension TRGE- 1-1 Chuck Marshall - Certified Arborist Arborist Report ISA Certif. # 5281A Subject: Cosmetic Surgery Center 210 N. Hwy 27 Clermont, Fla. April 12, 2011 I visited Mr. David Allyn at the subject property and reviewed trees that had recently been pruned by an overly eager landscaper. Here is what I found: 20 Live Oak Trees (Quercus virginiana) and 6 Elm Trees (Ulmus parvifola) and 2 crape myrtles severely pruned. Mr. Allyn explained the trees had been pruned back in January of this year. The canopy trees were lolly - popped into spherical shapes. Approximately 3 Ft were removed from the top and 2' from the sides to round out the trees. The trees have approximately 4-5" diameter trunks , and were installed around April of 2009. I believe these canopy trees can be spared with the right corrective pruning. Here is why: 1) As much as possible, the sprouting that has occurred growing perpendicular to the horizontal branches can be selectively removed to encourage more structurally sound branches. 2) The dominant leader (which is still very clear within the canopy) can be maintained and encouraged through proper pruning. 3) Encouragement of the tree's natural branching can be achieved through selective pruning. 4) The Live Oak and the Elm are both considered appropriate candidates for pollarding (the training of branches into a formal appearance) and therefor it is logical that their health should not be adversely affected by this "accidental" pollarding. (Tree Pruning ANSI A300 Part 1— Page 14) 5) These trees are still very young, probably around 4 years old, nursery grown, very healthy. This severe pruning is a small speed bump on their way to adulthood. 6) The canopy of all the Oaks and Elms is very green, healthy, vigorous. 7) The caliper of any branches removed does not appear to be more than 1 inch, with one or two exceptions. Nice looking Elm Tree. Live Oak, young and vigorous. -I RGE Iq The one crape myrtle was in very bad shape, severely pruned and unhealthy in appearance. I agree this tree is so badly stunted it will never look good and should be replaced. I wonder if the City of Clermont might allow and/or encourage smaller trees under power lines. These Oaks along Grand Highway will be running into the overhead wires within a few short years. Perhaps some flowering trees such as more Crape Myrtles, Tabebuia , or Bottle Brush (Callistemon citrinus), might be considered? Other smaller trees to consider: Red Bud (Cercis Canadensis), Wax Myrtle (Myrica cerifer), Glossy Privet (Ligustrum Lucidum), Loquat, or the Olive Tree (Olea Europa). WGE �0 I really would hate to see more of this which can be seen right next to the subject property. Wrong tree at the wrong place. Another reason to consider smaller trees would be the lighting at night. Parking lot lights will most assuredly be diminished as these trees mature. Crime, security, and the safety of the elderly people that frequent this building could come into play in the years ahead. Please know that I am available if there are any other questions or if Mr. Allyn is interested in my covering the pruning that would most certainly need to be performed. t RA as 41 111 4" at IAN NO #4 adion, 1 ov omn ��la as No A ua A j ILI I wmX I.P DA Ic CIA^ v SA Is IA tj to 1A .1. to I'm P': as at •AS 'a LOWER u va 010 VA as to � ':uI FLOOR • So�ti'23 W 11 is u JA Is Is v a In 44 th !u 2.1 is Uguor V,;jfkhjq u 411 In •sa 6,11 0 71 q,. ilk 14 1$ U 13 IA 0 Upper FF Elev. 211.00 %A Of La ILI Lower FF Clev. 199,00 9.1 NA AA to is., V an 4.1 at So 91.* &1 UPPER IN 1. A2 in Is Ij .4A FLOOR 4.1 a., A 44 as as so Lcw6)r Pqjk!n[;,. op • it S.1 1a No a. 94 AN is I., IA u 14 1.4 IN IN I n U vu ON1 6A. . 141. as M 14 No I's IA Is 14 is NY 2j is AM as. 11 Is yj I'l %A 1 I 1 14 i's LA 11 IN 14 a1 1.1 1.* 0 IA Is if Ii IA IN tl, 23 IN 1.1 1.6 k to is u Ij u Ij I* Ij I# IA it 14 is lA ph 1.1 014 29 so I.f L Ii I's tj tr VA to to an Al Ad f:.? is 14 to V11 as N&I 11 1i M 11 U 12 14 1A 14 11 . NA 11 IN if 11 1A Id 02 all ILI Ilia IA tJ III to .8 4.1 111 VA Y an *A 74 I.r IA LS t11 fJy. In In At &I Ga. 46 aj as M IA 8.1 &1 1.8 YA v j lA 1.1 am &I a » oil 64 IIA i.. al L4 am No of do al I No tia as n 1.4 vo IA, !A 1.0 4t 0A lA ai Y.t of 6.4 No at at 4A 2.1 tl » Ol 02 .2 of as W » 0 No as as Al LI nl a1 al 0A GRAM HOGHWAY .1 ou 00 00 ud NORTH KAR f RM X SITE LIGHTING PHOTOMETRICS PLAN Ail V , M' 11ul Page 22 David Allyn From: Patrick Miller [patrick.miller@cherrylake.coml Sent: Friday, April 08, 2011 8:23 AM To: David Allyn Cc: doc@davidallyn.com Subject: RE: Tree Pruning David, I reviewed your pictures. I am afraid the city is incorrect about the live oak and elm trees. The trees will grow back very aggressively back to a tree form and eventually take on its own characteristics like a typical live oak and elm tree. i feel they are looking at a snapshot of time of how the trees look now and really do not understand the growing habits of a tree. I would like to see the letter to make sure I can read the details and the language of the letter. If you wish, I can write up a letter to the city on your behalf. I will forward a draft for your review and approval. Regards, Patrick Patrick Miller Director of Production Cherry Lake Tree Farm 352-429-2173 Patrick.miller@cherrylake.com Vice President— Florida Chapter of ISA ISA Certified Arborist FL-5888A IDFNGLA Page 23 RE: Tree Pruning Patrick Miller (patrick.miller@cherrylake.com) Fri 4/15/11 9:39 AM D: David Allyn (davidallyn@live.com) 4 attachments Nln cl Cl!I?;il Y'- ei_i'++i•��Ic .:,ii? .er-1 90.4 i<B? p ee df "1132.2 K-6) Yes, you are correct, the concept is called "Crown Restoration", I call it re-establishing of the dominant leader with the main trunk. After a topping cut is made an experienced arborist, grower or skilled pruner can attempt to repair the damage. Usually about 5-8 suckers will fight for dominance on the end of the topping cut. In some trees they seem to repair themselves by causing the weakest suckers to fall off. That isn't the best or safest way to do it. The only way to repair a topped tree takes anywhere from 3-5 years to accomplish. It involves selective thinning of the sucker growth. The finished product will have a thicker trunk with one large sucker growing from it. Over time the sucker will develop a stronger attachment to the trunk. It just depends on the circumstances as to how many pruning will be needed to get to this point. Right about the time when you are feeling like the crown restoration is complete it may be necessary to reduce the height of the tree through proper reduction cuts. We do this at the farm for training the branches to grow with a combination of different types of pruning cuts. When a tree is topped the suckers that grow from the ends of the cuts grow very fast. In general a tree will have recovered its former height within 3-5 years of being topped. Normally fast growth equals weak growth and the opposite is true as well. The suckers that are frantically growing to produce leaves will be very weak. Another factor which contributes to the sucker's tendency to shed is the fact that the new growth can only be attached at the outer most part of the branch. In other words a normal branch has a kind of root inside the trunk. The bigger the trunk and branch get, the better the attachment. A sucker starting on the outside of the trunk will be poorly attached and have a tendency to fail. The city as you know need to understand the concept right tree right place, because in about 5 + years, the tree pruners for the power line right a ways will use the undesirable topping method, but this time the result will be extremely severe due to the size and proportion of the trees. This should be unacceptable to the city if they follow their regulations based on the ANSI 300 pruning standards. I have also attached some documentation as well. Regards, Patrick CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 15, 2011 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 15, 2011 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, Dave Holt, Alfred Mannella, and Ed Carver. Also attending were Curt Henschel, City Planner, 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. Ken Forte moved to nominate Jim Purvis for Chairman; seconded by Alfred Mannella. The vote was unanimous to approve Jim Purvis as Chairman. Ken Forte moved to nominate Dave Holt for Vice -Chairman; seconded by Armed Mannella. The vote was unanimous to approve Dave Holt as Vice -Chair. The minutes from the Code Enforcement Board meeting of January 18, 2011 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. 11-706 has complied and will not be heard. CASE NO.11-703 AMA Orlando Investments One LLC Bella Lago Subdivision Clermont, FL 34711 LOCATION OF VIOLATION: Bella Lago Subdivision, Clermont, FL 34711 REPEAT VIOLATION: IPMC Sections 302.4 Weeds and 301.3 Vacant Structures and Land City Attorney Dan Mantzaris introduced the case. The Respondent was present. Code Enforcement Officer Suzanne O'Shea 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 (Section 302.4 Weeds) (Section 301.3 Vacant Structures & Land). Action required to correct CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 15, 2011 violations: Mow grass and weeds on the property, including to the street right-of-way. Remove all clippings and dead vegetative debris. Alex Skobeo, 8819 SW 74`h Ave. Gainesville, stated that this is the first time the City has notified them for not being in compliance. He stated that they have mowed several times, but this time they were notified of the overgrowth being over 18". He stated that they will do a better job of keeping up with the mowing of the property. David Holt made a motion to find the Respondent in violation of the cited City code with no fine accessed at this time: seconded by Abed Mannella. The vote was unanimous to find the Respondent in violation of the cited City code. CASE NO.09-494 936 W Street, LLC 936 10 h Street Clermont, FL 34711 LOCATION OF VIOLATION: 936 10'' Street, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-262; Failure to obtain site plan approval prior to converting building. REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. He stated that staff is in agreement with reducing the fine from $21,500 to $1,000 within 60 days. Robin Griffin, 11748 Osprey Point Blvd. stated that they were in compliance on September 17, 2010. She stated that they were in compliance by the September 21, 2010 deadline that was set at the April 2010 meeting. Code Enforcement Officer Suzanne O'Shea stated that she shows the landscape/irrigation was finaled on December 14, 2010; the metal shed was finaled on December 17, 2010; and the SFR conversion to commercial was finaled on September 21, 2010. Ms. Griffin stated that she has receipts, reviews and complete conversion showing everything was completed on September 17, 2010. She stated that all the finals are on her permit card as being approved on September 21, 2010. She stated that they have gone through the timely process and completed everything asked of them. Ken Forte made a motion to reduce the fine to $500 to be paid within 60 days: seconded by Alfred Mannella. The vote was unanimous in favor ofreduchuz the fine to $500. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 15, 2011 CASE NO.09-503 Celebration of Praise Church of God 3700 S. Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 3700 S. Highway 27, Clermont, FL 34711 VIOLATION: Chapter 86, Section 141; Failure to Adhere to Obligations of CUP REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. He stated that staff is in agreement with reducing the fine from $45,800 to $1,000 within 60 days. Chris Dutruch, 1585 Kennesaw Dr., stated that he became the Pastor in December 2007 and within four months received the letter that this road had to be constructed. He stated that they had to get variances to encroach on other property beside them, in order to get the clearance for the road to get completed. He stated the road is now complete, open and is a big help for traffic getting in and out of the church. Alfred Mannella made a motion to reduce the fine to $1000 to be paid within 60 days: seconded by Ed Carver. The vote was unanimous in,favor o reducing the fine to $1000. CASE NO. 09-596 Leslie Anne Jarrard 1400 West Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1400 West Avenue, Clermont, FL 34711 VIOLATION: Chapter 122, Section 122-344; No Permit for Accessory Structure REQUEST: Forgiveness of Fine City Attorney Dan Mantzaris introduced the case. He stated that staff is in agreement with reducing the fine from approximately $4,000. Leslie Jarrard, 1400 West Ave., stated that after a year she went back before Council with her variance request. She stated that her variance request was approved and she has obtained her permit. She stated that she had to leave town last week, so she does still need to request her inspection for final approval, which she will do. Alfred Mannella made a motion to reduce the fine to $50 to be paid within 30 days; seconded by Dave Holt. The vote was unanimous in favor o reducing the fine to $50. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD FEBRUARY 15, 2011 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 4 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE February 7, 2011 Violation # 1672 To: GREGORY POWERS 520 LAKE AVE CLERMONT, FL 34711 Property Address: 520 LAKE AVE., CLERMONT FL 34711 Parcel Number: 24-22-25-0100-0780-0100 Type of Violation: EXTERIOR PROPERTY MAINTENANCE In Violation Of: Chapter 14, Section 14-9 Titled: "International Property Maintenance Code 2006" (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: • There is a large amount of furniture and miscellaneous items piled in the front yard. (Sec 307.1 —Accumulation of Rubbish or Garbage) Action Required to Correct Violations: • Remove all items from the front yard and store in an appropriate location. (If these items are for the purpose of a garage sale, garage sales are limited to two per year, for duration of two days. Items must be not be stored in the front yard for longer than the duration of the sale) You are directed to take action by Wednesday February 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. Please contact me at (352) 241-7309 or soshea@clermontfl.org, when you comply. By: zanne 'S a Co nforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-707 Petitioner Violation No. 1672 VS. GREGORY POWERS 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 APRIL 19, 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, Gregory Powers, 520 Lake Ave, Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 5982) BY: Suzann4daarch ode Enfo c ment Officer this 10t2011. 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. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the man- ufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.183 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 3053 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall he main- tained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. GENERAL REQUIREMENTS SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ing more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without fast removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 3073.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. 2006 INTERNATIONAL PROPERTY MAINTENANCE COD& 11 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 31, 2011 Violation # 1665 To: JOEL & CONNIE A CASIMIRO 612 W MINNEOLA AVE CLERMONT, FL 34711 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6667 Property Address: 612 W MINNEOLA AVE., CLERMONT, FL 34711 Parcel Number: 24-22-25-0100-0780-0201 Type of Violation: Expired Permit for Pool, Spa, and Deck In Violation Of: Chapter 122, Section 122-344 Titled: "General development conditions." (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 expired permit. Permit #200801856, expired 8/10/10 Compliance of This Violation will be when the permit fee has been paid, a letter is submitted from an engineer certifying all work is to code, and the reinspection has been scheduled. Please contact me at (352) 241-7309 or soshea(cii)-clermontfl.org when you comply. You are directed to take action by Friday February 11, 2011. Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. By: Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-709 Petitioner Violation No. 1665 VS. JOEL & CONNIE CASIMIRO 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 APRIL 19, 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, Joel & Connie Casimiro, 612 W. Minneola Ave. Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6002) BY: Suzanne 'Shea, Code E orcement Officer this 9h da f March 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. Sec. 122-344. General development conditions. (a) Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures. except by authority of permit issued by the building inspector or planning and zoning department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and zoning department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All development, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE February 18, 2011 To: EAGLE FL I SPE LLC 200 W 2ND ST 3RD FLOOR WINSTON SALEM, NC 27101 Violation # 1676 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6810 Property Address: NW CORNER OF BROGDEN & HWY 27, CLERMONT, FL Parcel Number: 29 22 26 0100 000 00300 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 property currently being overgrown with tall grass and weeds, in excess of 18 inches. Additionally, the sidewalk and curbing are overgrown with grass/weeds. Compliance of This Violation will be when the 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 past the sidewalk to the curb. Please call (352) 241-7309 or soshea(cDclermontfl.org when you comply. You are directed to take the above action for compliance by February 28, 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: _ AAA,% X-0jAt---, uzanne O'tbia Co4 Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-710 Petitioner Violation No. 1676 VS. EAGLE FL I SPE 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 APRIL 19, 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, Eagle FL I SPE LLC, 200 w 2nd st 3rd floor, Winston Salem, NC 27101 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6019) BY: Suza ne 'Shea, Co Enforcement Officer this 9h d of March 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. meSec. 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 M 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. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 26, 2011 To: LOLA MAE CHANDLER & NADELYNN CHANDLER YOUNG PO BOX 120890 CLERMONT, FL 34712 Violation # 1662 Certified Mail, Return Receipt Requested #: 7006 0810 0001 2594 6872 Property Address: 833 SCOTT STREET, CLERMONT, FL 34711 Parcel Number: 19 22 26 0700 000 03000 Type of Violation: Unsafe Structure 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: • The building is unsafe, and poses a threat to the health, safety, and welfare of anyone who enters the residence. The roof appears unstable and has collapsed in the rear. (Section 109.1 Imminent Danger) (Section 108.1.1 Unsafe Structure) (Section 108.1.3 Structure Unfit for Human Occupancy) (Section 110.1 General) Compliance of This Violation will be when one of the following conditions is met: • A demolition permit is obtained at the City of Clermont Planning & Zoning department (contact Marivon at (352) 241-7310 with questions regarding application). Complete demolition of the building in its entirety with complete removal of building debris. OR • Restore building to current code, which includes submission of all permit fees, building applications, etc. Please contact me at soshea(aclermontfl.org or (352) 241-7309, when you comply. You are directed to take the above action for compliance by: TUESDAY March 1, 2011 Failure to remedy the violation within the allotted time will result in a hearing before the Code Enforcement Board. �iL%,fir nne O'Shea forcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-711 Petitioner Violation No. 1662 VS. LOLA MAE CHANDLER & NADELYNN CHANDLER YOUNG 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 APRIL 19, 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, Lola Mae Chandler & Nadelynn Chandler Young, rmont, FI 34711 (Certified Mail/Return Recei t Requested# 7009 1680 0002 3754 6026 P. 0. X01, izoggo BY: Suzanne'6"Sh04 Code Enf ement Officer this 9h day of rchl 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. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-711 Petitioner Violation No. 1662 VS. LOLA MAE CHANDLER & NADELYNN CHANDLER YOUNG 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 APRIL 19th, 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, Lola Mae Chandler & Nadelynn Chandler Young, 532 E Broome St, Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 61$7) n Suzanne O'She�, Code Erif cement Officer this 21 s' day of March 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. THE CITY OF CLERMONT, FLORIDA CODE ENFORCEMENT BOARD AFFIDAVIT OF POSTING CITY OF CLERMONT Petitioner vs. LOLA MAE CHANDLER & NADELYNN CHANDLER YOUNG Respondent CEB CASE NO. 11-711 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 Lola Mae Chandler & Nadelynn Chandler Young, at the South public entrance of the Clermont City Hall, 685 W. Montrose Street, Clermont, FI 34711, in addition to the real property known as 833 Scott St., Clermont, Florida, on the Sth day of April 2011. FURTHER AFFIANT SAYETH NOT. Dated this 5th day of April 2011. Suzah-6e O' hea, Code Eae! cement Officer City of Cle ont, 685 West Montrose Street Clermont, RIJ 352-241-7309 The forgoing instrument was acknowledged before me this 51h day of April 2011, by Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who is personally known to me and who did take an oath. Signature: ,,e�°� �1, 510�yE10 Printed Name: ..Vs13 ,Pn A ;Z? ; 1N: 3 % #DD 786242 o� 9 ' , T �'0nded its OQ . �f�r1r a� �;.... a 1ie'� • to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 Gen a code official shall order the owner of any es upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon whioh the structure is located and shall be a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. 111.2.1 Alternate members. The chief appointing authority shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership. 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board membership. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 0 5 ADMINISTRATION SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. (:fou�nde fe structures. An unsafe structure is one that is angerous to the life, health, property or safety of pthe occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occ of the premises or structure. 108.1.3 S cture unfit for human occupancy. A structure is or human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and sewed on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108A.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 RGENCYMEASURES 09.1 Imminent ding r. When, in the opinion of the code o ial, there is i ent danger of failure or collapse of a build' c re which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 0 4 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 25, 2011 To: Tower Medical Center 1976 Brantley Cir Clermont, FI 34711 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6629 Violation #1661 Property Address: 210 N Highway 27, Clermont, FI 34711 Parcel Numbers: 18-22-26-0210-0000-4400 18-22-26-0210-0000-4300 Type of Violation: SEVERE PRUNING OF TREES In Violation Of: Chapter 118, Section 118-35 "Maintenance and Pruning." This notice is to address the violation of city code which has occurred on your property. Trees have been severely trimmed, well beyond what is considered to be acceptable maintenance standards, and can therefore be considered a violation of city code. Trees should be allowed to grow naturally, in the manner to which they are intended. Canopy trees (oaks and elms) should not be shaped, nor should they be cut to improve visibility to the property. Prior warning given on January 25, 2010, and received by certified mail. Compliance of This Violation will be when: A tree removal permit is submitted with all fees paid. 27 preferred canopy trees and 2 understory trees are to be replaced in lieu of the trees that were affected. (21 Live oaks, 6 American Elms, and 2 crape myrtles) (Site plan attached) The canopy trees must individually meet at least the following criteria: 65 gallon 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 Understory trees shall be a minimum of: 8 feet in overall height immediately after planting 4 foot spread • The trees must be replaced in close proximity to the affected trees. You are directed to take action by Tuesday March 1.2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. Please call (352) 241-7309 or contact me at sosheatc'i.clermonttl.org with ar7ncerns you may a regarding this issue. By: Suzanne O hea o e Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-712 Petitioner Violation No. 1661 VS. TOWER MEDICAL CENTER 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 APRIL 19, 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 Medical Center, 1976 Brantley Cir., Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6033) BY: Suzann O' a, Code n cement Officer this 9h day o arch 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. �r�.�/ . 7 �i�i�1 ��,���.: t(�+li t. tl's•• 'r- ICI / , III ►..�;` � ,,' -'�ui�+iii �'���'�� -��'� � �' � �� `� AWA It �� �' a . �► rrr�� irrr� b. ( r{` F411 ryoil Iv 9 r fir x"GG i ►' �4Y�8'�+►' a. �! ,I, W I V�1� .: ct'zlll _�c � ':i i. ♦•' ; �.,Ji....:1,... ,:l.1':l�tii��hN��: I'.�A PJI{�,.4,.,IILei{t'_4d1`�1[!1�'•.Ri ! J �n 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 I 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. 33 8-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 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE February 3, 2011 Violation # 1673 To: WAYNE THOMAS WAYNE THOMAS 214 2ND STREET 1106 DORIS STREET CLERMONT, FL 32711 ALTAMONTE SPRINGS, FL 32714 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6728 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6735 Property Address 214 2ND STREET, CLERMONT FL 34711 Parcel Number: 24-22-25-0400-0070-0100 Type of Violation: FIRE PREVENTION 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: • Section 704.1 General- Fire Protection Fire protection is inadequate and needs to be completed to the specifications of the attached documentation, completed by Fire Inspector Allen LaClair You are directed to take action by Tuesday March 1, 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. You are required to contact me at (352) 241-7309 or soshea(a)-clermontfl.org, or Inspector LaClair at (352) 241-7312 when you comply. By: Su anne O' Code E forcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-713 Petitioner Violation No. 1673 VS. WAYNE THOMAS 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 APRIL 19, 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. 1 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, Wayne Thomas, 214 2"d St., Clermont, FL 34711 and 1106 Doris St., Altamonte Springs, FL 32714 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6040 /70091680 0002 3754 6057) BY: Suz a Shea, nforcement Officer this 10th y of March 011. 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. WAYNE THOMAS Respondent CEB CASE NO. 11-713 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 WAYNE THOMAS, at the South public entrance of the Clermont City Hall, 685 W. Montrose Street, Clermont, FI 34711, in addition to the real property known as 214 2"d st., Clermont, Florida, on the 5th day of April 2011. FURTHER AFFIANT SAYETH NOT. Dated this 5th day of April 2011. SuzaWe OW r:Afobcement Officer City of Clont, 685 West Montrose Street Clermont,I 352-241-7309 The forgoing instrument was acknowledged before me this 5th day of April 2011, by Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who is personally known to me and who did take an oath. Signature: Printed Name: '+`+ v •p1MIS ••' j"f ,� ; •Gp SIpN <, � s� �Qust 30 9 o•� 'ODD 7,86242 l "ago' *00 •: �0�� CIp M 0- OU Fin Department Unnamed Apartments 214 2nd ST CLERMONT, FL 34711 Violation Notice City of Clermont Fire Department Office of the Fire Marshal 439 W Hwy 50 Clermont, FL 34711 Monday January 31, 2011 ORDER TO COMPLY: Since these conditions are contrary to law, you must correct them upon receipt of this notice. Any violations not corrected at the time of re -inspection may result in a citation being issued. An inspection of your facility on Monday January 31, 2011 revealed the violations listed below: Violation Type and Code Reference NFPA 101-31.3.4.5.1 Smoke Detectors Approved single -station smoke alarms shall be installed outside every sleeping area in the immediate vicinity of the bedrooms and on all levels of the dwelling unit, including basements. Replace batteries in detectors missing them and replace missing smoke detectors. NFPA 10-6.3.1 Extinguisher Annual Maintenance Fire extinguishers shall be subjected to maintenance at intervals of not more than 1 year, at the time of hydrostatic test, or when specifically indicated by an inspection or electronic notification. Have all fire extinguishers serviced. Last serviced in 200& ie abovementioned deficiencies must be corrected within days, after which time a re -inspection will be scheduled. X LaClair, Allen Recipient Date City of Clermont Fire Inspector 02/31/2011 10:51 Page CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. [F] SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the ,inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. [F] SECTION 703 FIRE -RESISTANCE RATINGS 13.1 Fire -resistance -rated assemblies. The required fire- _sistance rating of fire -resistance -rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. [F] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof Oall be maintained in an operable condition at all times in accordance with the International Fire Code. 704.2 Smoke alarms. Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple -station smoke alarms shall be installed in other groups in accordance with the International Fire Code, 704.3 Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single - station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 0 19 City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 REPEAT VIOLATION AND HEARING NOTICE March 17, 2011 To: SMOKEY VALLEY STONE COMPANY 15015 PINE VALLEY BLVD CLERMONT, FL 34711 Violation # 1685 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 6125 Property Address: 515 HWY. 27 CLERMONT, FL Parcel Number: 09-22-26-070003400003 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 conditions that exist on the property: • Excessive overgrowth of tall grass and weeds inside and outside of the fence. Compliance of This Violation will be when the following conditions are met: • The property is cleaned of all weeds, grass, and excess vegetation, uniformly trimmed and mowed to the curbs of both streets, with all clippings removed from the property. Please contact me at soshea(c-clermontfl.org or (352) 241-7309, when you comply. This case will be presented to the Code Enforcement Board as stated in the attached Notice of Hearina on Repeat Violation, even if the violation has been corrected prior to the hearing date. By: Xe4QO�,� uzanne hea C Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-714 Petitioner Violation No. 1685 VS. SMOKEY VALLEY STONE COMPANY 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 APRIL 19, 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. 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, Smokey Valley Stone Company, 15015 Pine Valley Blvd., Clermont, FI 34711 (Certified Mail/Return ReceipfR�equested# 7009 1680 0002 3154 6125 ) ( n 11 BY: Suzanne O'Sh6a06de Enf c ment Officer this 17th day Of March 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. 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 ate 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 ofjunk in residential areas. The storage or accumulation of junk in any area zoned for residential use. (12) Discharge of sewage or grease. Any act resulting in the discharge, dumping or disposal of any contents of any septic tank, dry well, raw sewage, grease or similar material, regardless of its source, into or upon any land or body of water within the city, except as may be allowed through the city's sewer system, or as otherwise authorized by chapter 66 and state law. (13) Improperly built or maintained private disposal systems. Improperly built or maintained septic tanks, water closets, or privies. (14) Health or life threatening activities. Any act by which the health or life of any individual may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused. (15) Unapproved sewage or grease disposal methods. Any method for disposing of the contents of any septic tank, dry well, raw sewage, grease or similar material which has not been approved by the county health department or state department of health and rehabilitative services. (16) Improper maintenance or operation of vehicles used for transport and disposal of sewage or grease. Improper maintenance or operation of any vehicle designed or used for the transportation or disposal of the contents of any septic tank, dry well, raw sewage, grease or similar material, which may threaten or impair the health or lives of any individual, or by which or through which, directly or indirectly, disease may be caused. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE February 8, 2011 Violation # 1675 To: JAMES H GANO 1210 10TH STREET CLERMONT, FL 34711 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6841 Property Address: 1210 10TH STREET, CLERMONT, FL Parcel Number: 26-22-25-0300-1080-0100 Type of Violation: UNLAWFUL STORAGE IN RESIDENTIAL AREAS In Violation Of: Chapter 34, Section 34-95 Titled: "PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS" (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 inoperable, unregistered silver Ford Mustang that is in the backyard of the residence. Compliance of This Violation will be when the vehicle has been registered, tagged, and made operable or permanently 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 February 18, 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: uzanne G?5hea Enforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-715 Petitioner Violation No. 1675 VS. JAMES H GANO Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY APRIL 19, 2011 at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, James H Gano, 8413 N Armenia Ave Apt 1009, Tampa, FL 33604-2676 (Certified Mail/Return Receipt Requested# 7006 0810 0160,2594 7039) n nt Officer this 6`n daX i f April IF A PERSON DESIRES TO APPEAL ANY DECISION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE PROCEEDINGS, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND THAT, FOR THIS PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-715 Petitioner Violation No. 1675 VS. JAMES H GANO Respondent Pursuant to Section 2-206 of the Code of the City of Clermont, Florida, you are hereby called to take notice that a Public Hearing will be conducted in the above -styled cause, pending and undetermined by the Code Enforcement Board on: TUESDAY APRIL 19, 2011 at 7:00 PM at 685 West Montrose Street, Clermont, Florida. Council Chambers of City Hall The Board will receive testimony and evidence at said Public Hearing and shall make such findings of fact as are supported by the testimony and evidence pertaining to the matters alleged in the attached Affidavit of Violations. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified by the Code Enforcement Officer in his/her Statement of Violation, this case may be presented to the Board even if the violation has been corrected prior to the hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. I hereby certify that a true and correct copy of the above and foregoing Notice of Hearing has been furnished by Certified Mail/Personal Service to Respondent, James H Gano, 1210 10th St. Clermont, FL 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6163) BY: / Suzanne O' ea, Co forcement Officer this 215t da f March . 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. JAMES GANO Respondent CEB CASE NO. 11-715 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 JAMES GANG, at the South public entrance of the Clermont City Hall, 685 W. Montrose Street, Clermont, FI 34711, in addition to the real property known as 1210 10T" Street., Clermont, Florida, on the 5th day of April 2011. FURTHER AFFIANT SAYETH NOT. Dated this 5th day of April 2011. Suzan --he hea, Code Enforcement Officer City of Cloront, 685 West Montrose Street Clermont, 352-241-7309 The forgoing instrument was acknowledged before me this 5th day of April 2011, by Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who is personally known to me and who did take an oath. Signature: Printed Name: #DD 786242* ` 9� x-'O ded thN P�Q . Sec. 34-95. Prohibition of storage within residential areas. No person shall keep, store or allow to remain on any property within any residential section of the city any dismantled, partially dismantled, nonoperative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. (Code 1962, § 11A-16; Ord. No. 36-C, § 1(2), 2-13-68) Cross references: Mobile homes and recreational vehicles, ch. 38; solid waste, ch. 50; zoning district regulations, § 122-61 et seq. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE January 31, 2011 To: DWAYNE H & RHONDA M GREGOIRE 1248 SHORCREST CIR CLERMONT, FL 34711-2942 Certified, Return Receipts Requested #: 7006 0810 0001 2594 6681 Violation # 1667 Property Address: 1248 SHORCREST CIR, CLERMONT, FL 34711 Parcel Number: 26-22-25-0350-0000-2300 Type of Violation: EXPIRED PERMIT FOR SWIMMING POOL & SPA In Violation Of: Chapter 122, Section 122-344 Building permit required Titled: "General development conditions." (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 permit for the swimming pool & spa that has expired. (Permit #200800859, expired 4/26/2010) Compliance of This Violation will be when the renewal fee has been paid to the City of Clermont Building Department, and a final inspection has been scheduled. (Marivon at Building Department (352) 394-4083 Ext 310) Please contact me at (352) 241-7309 or soshea(&-clermontfl.orQ when you comply. You are directed to take action by February 11, 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: Code Enforcement Board of the City of Clermont NOTICE OF HEARING -11? W CITY OF CLERMONT, Case No. 11-744' Petitioner Violation No. 1667 VS. DWAYNE H & RHONDA M GREGOIRE 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 APRIL 19TH 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, Dwayne & Rhonda Gregoire, 1248 Shorecrest Cr, Clermont, FL 34711 . (Certified Mail/Return Receipt Requested# 7009 1680 000 4 6064) BY: Suzanne 'Sh , Code Enforcement Officer this 10T" day o 12011. Mava✓h '10 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. DWAYNE H & RHONDA M GREGOIRE Respondent CEB CASE NO. 11-718 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 Dwayne & Rhonda Gregoire, at the South public entrance of the Clermont City Hall, 685 W. Montrose Street, Clermont, FI 34711, in addition to the real property known as 1248 Shorecrest Cr, Clermont, Florida, on the 5th day of April 2011. FURTHER AFFIANT SAYETH NOT. Dated this 5th day of April 2011. SuzanndVdS a, Cow Pnrcement Officer City of Clerm t, 685 W6st Montrose Street Clermont, FI 352-241-7309 The forgoing instrument was acknowledged before me this 51h day of April 2011, by Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who is personally known to me and who did take an oath. Signature: Printed Name: S #DD 786242 ..... V• Q . 6¢:r�d, C, ftft.,M�9;1 Sec. 122-344. General development conditions. (a) Building permit required. It shall be unlawful for any person to initiate new uses of any land within the corporate boundaries of the city or to erect or construct any new structures or to move, add to, repair or modify in any way any existing structures, except by authority of permit issued by the building inspector or planning and zoning department of the city acting as administrative officer of the regulations contained in this land development code. The words "planning and zoning department," as used in this land development code, shall also mean the planning official or the designated representative thereof. All development, as defined in this land development code, shall be required to obtain development approval (i.e., a development permit/development order) prior to initiating development activity. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 3, 2011 Violation # 1681 To: FLOYD FORBES 1358 LEGENDARY BLVD CLERMONT, FL 34711 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 5968 Property Address: 1020 W. HWY 50, CLERMONT, FL 34711 Parcel Number: 23 22 25 0500 1100 0100 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61(2) Refuse Titled: "Enumeration of prohibited items, conditions or actions constituting nuisances." (SEE ATTACHED COPY) You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the tree limbs that have fallen onto the ground. Compliance of This Violation will be when the property has been completely cleaned of all tree debris, and it has been removed from the property. Please contact me at (352) 241-7309 or soshea(cDclermontfl.org when you comply. You are directed to take the above action for compliance, by March 21, 2011. Failure to remedy the violation within the allotted time will result in a Notice to Appear for a hearing before the Code Enforcement Board. By: nne 0'$tejd :nforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-719 Petitioner Violation No. 1681 VS. FLOYD FORBES 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 APRIL 191h, 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, Floyd Forbes, 1358 Legendary Blvd., Clermont, FI 34711 (Certified Mail/Return Receipt Requested# 7009 1680 0002 3754 6194) BY: .. rt-7!n SuzanwUS_he ode Enfor6§ri4ent Officer this 22"d day of ch 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. 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. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 15, 2011 To: JUAN VAZQUEZ 7727 SUGAR PINE WAY MONTVERDE, FL 34756 Violation # 1683 Certified Mail, Return Receipt Requested #: 7009 1680 0002 3754 6118 Property Address: 1400 Blk of 51h Street., CLERMONT, FL 34711 Parcel Number: 25 22 25 0200 0000 0500 Type of Violation: UNLAWFUL MAINTENANCE OF NUISANCES In Violation Of: Chapter 34, Section 34-61 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 accumulation, which includes but is not limited to, the property currently being extremely overgrown with tall grass and weeds. Compliance of This Violation will be when the 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 curb, with all clippings removed from the property. Please contact me at 352 241-7309 or soshea(a)clermontfl.org when you comply. You are directed to take action by March 27, 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. i By: Sty n n e O' Code nforcement Officer Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Case No. 11-721 Petitioner Violation No. 1683 VS. JUAN VAZQUEZ 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 APRIL 19th, 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,. Juan Vazquez, 7727 Sugar Pine Way, Montverde, FI 34756 (Certified Mail/Return Receipt Requested# 7006 1680 0002 3754 6309) f BY: Suzanne O'Shaa, Co , Enforcement Officer this 28T" Mach?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. 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. City of Clermont P.O. Box 120210, Clermont, FL 34712-0219 VIOLATION NOTICE March 31, 2011 Violation # 1699 To: JIVAMATI HARRIS ET AL 947 PRINCETON DR CLERMONT, FL 34711 Certified, Return Receipts Requested #: 7006 0810 0001 2594 7060 Property Address: 935 PRINCETON DR., CLERMONT, FL 34711 Parcel Number: 21-22-26-0300-0000-0100 Type of Violation: UNREGISTERED VEHICLES In Violation Of: IPMC-Chapter 14, Section 14-9 (Section 302.8 Motor Vehicles) 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 vehicle(s) that have been observed in the driveway without a proper vehicle tag. The Transporter tag (G2865G) that has been placed on various vehicles is registered to Speedy Auto Detailing, and is not authorized for personal use. Compliance of This Violation will be when all vehicles on property are legally tagged/registered, or permanently removed from the property. Please contact me at (352) 241-7309 or soshea(aklermontfl.org when you comply. You are directed to take action by April 5, 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: Code Enforcement Board of the City of Clermont NOTICE OF HEARING CITY OF CLERMONT, Petitioner VS. JIVAMATI HARRIS ET AL Respondent Case No. 11-722 Violation No. 1699 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 APRIL 19, 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, Jivamati Harris Et Al, 947 Princeton Dr, Clermont, FL 34711, and regular mail to the resident of 935 Princeton Dr, Clermont, FL 34711 (Certified Mail/Retum Receipt Requested# 7006 0810 0001 2P9'417015) BY: Suzann hea, Cod nforcement Officer this 8th d y f April 201 . 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. JIVAMATI HARRIS ET AL Respondent CEB CASE NO. 11-722 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 JIVAMATI HARRIS ET AL , at the South public entrance of the Clermont City Hall, 685 W. Montrose Street, Clermont, FI 34711, in addition to the real property known as 935 Princeton Dr., Clermont, Florida, on the 8th day of April 2011. 3. That a copy of the document posted is attached to this Affidavit. FURTHER AFFIANT SAYETH NOT. Dated this 8th day of April 2011. Su`fn O'Shea, Cbdel Enforcement Officer City o lermont, 685 West Montrose Street Clerm . FI 352 241- 7309 The forgoing instrument was acknowledged before me this 8th day of April 2011, by Suzanne O'Shea as the Code Enforcement Officer for the City of Clermont, who is personally known to me and who did take an oath. Signature: �• Printed Name: 'ems ffuu 186242.v; ..9•, jaded° :Q;. 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. 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 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 (jurisdic- 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. xcept 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 mm) from the gatepost. No existing pool enclosure 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE* Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2010 Go The 2O10 Florida Statutes(including Special Session A) Title XXIII Chapter 320 _View Entire Chapter MOTOR VEHICLES MOTOR VEHICLE LICENSES 320.133 Transporter license plates.— (1) The department is authorized to issue a transporter license plate to any applicant who, incidental to the conduct of his or her business, engages in the transporting of motor vehicles which are not currently registered to any owner and which do not have license plates, upon payment of the license tax imposed by s. 320.08(15) for each such license plate and upon proof of liability insurance coverage in the amount of $100,000 or more. Such a transporter license plate is valid for use on any motor vehicle in the possession of the transporter while the motor vehicle is being transported in the course of the transporter's business. (2) A license issued pursuant to subsection (1) must be in a distinctive color approved by the department and the word "transporter" must appear on the face of the license plate in place of the county name. (3) A license plate issued under this section is valid for a period of 12 months, beginning January 1 and ending December 31. No refund of the license tax imposed may be provided for any unexpired portion of a license period. History.—s. 1, ch. 88-410; s. 359, ch. 95-148. Copyright © 1995-2011 The Florida Legislature • Privacy Statement • Contact Us L.�4.,•//..>.,..,, le.. �+.,to fl „�/..a„r„a,.../:«,7,._,,.�.,.n...�.�...—v:_---ni�nc,.-`--`-- °-�'--�-' �- n . �,., �...,. ,