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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
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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
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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
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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.
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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
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o�
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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.
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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
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