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Minutes - 05.16.2022 - Code EnforcementCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 The regular meeting of the Code Enforcement Board was called to order on Monday, May 16, 2022, at 6:00 p.m. Members attending were Board members Matthew Norton, Beth Walters, Justin Allender, Bill Rini, Paul Duhon, Dieter Grube, and James Johnson. Also attending were Evie Wallace, Code Enforcement Manager, Andrew Snodgrass, Joshua Cortez, and Samaria Lake, Code Enforcement Officers, Curt Henschel, Development Services Director, Sam Reda, Code Enforcement Attorney, Dan Mantzaris, City Attorney, Patrick Grant, City Attorney, and Rae Chidlow, Planning Coordinator. Board member Rini made a motion to approve the minutes for the April 18, 2022 Code Enforcement workshop; seconded by Board member Walters. The vote was unanimous to approve the minutes. Chairman Johnson read the Opening Remarks. Code Enforcement Manager Wallace and Code Enforcement Officers Snodgrass, Cortez and Lake, along with any of the public who may testify, were sworn in. City Attorney Dan Mantzaris stated that the Board will hear Items 1, 2, 3, 4, and 11 have Respondents present so these cases will be presented first then the remaining cases will be presented. CASE NO. C2021-000031 & C2021-000029 Richard Klass 588 & 590 W. Juniata St. Clermont, FL 34711 LOCATION OF VIOLATION: 588 & 590 W. Juniata, Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344; Chapter 34, Section 34-61 to 61-64; IPMC Sections 109.1, 108.5, 108.1.3, & 108.1.1 CASE NO. C2021-000032 Camba Properties, Inc. 586 W. Juniata Street Clermont, FL 34711 LOCATION OF VIOLATION: 586 W. Juniata, Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344; Chapter 34, Section 34-61 to 61-64; IPMC Sections 109.1, 108.5, 108.1.3, & 108.1.1 CASE NO. C2021-000033 Barbara Giacobe 584 W. Juniata St. Clermont, FL 34711 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 LOCATION OF VIOLATION: 584 W. Juniata, Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344; Chapter 34, Section 34-61 to 61-64; IPMC Sections 109.1, 108.5, 108.1.3, & 108.1.1 City Attorney Mantzaris introduced the case. He stated that these cases were previously heard before the Magistrate and Code Enforcement Officer Wallace will present an update. The Respondents were present and was sworn in. Code Enforcement Officer Wallace, who was sworn in, exhibited pictures that are a true and accurate depiction of the current condition of the property. Richard Klaas, 505 7d' Street, who was sworn in, stated that he owns 588 and 590 W. Juniata St. which each unit is a fee simple unit. He stated that there was a cross line across the ceiling and when the fire happened it created a short back to the outside power unit so it needed to be replaced. He stated that in January Duke Energy told him that all four units would need to have new meter can installed in order to move forward. He stated that he fronted all the money to get the power to all four units. He stated that he had the roof completed in January. He stated that only one unit was permitted in the process and he needs to get that corrected. He stated he is almost done with his units. Board member Rini asked why Duke Energy telling him he cannot have separate meter cans on each unit. Mr. Klass stated that he has to go on what Duke Energy is telling him to do. He stated he was working on hiring an electrical contractor. Ed Miller, 7600 Postal Colony Rd., Camba Properties, stated that the power issue is new to him. He stated that he can leave a time line of what has been done and will be done. He stated that there is a homeowner's agreement that states the common walls are the responsibility of all four owners. He stated that he went to the engineer to redo the block design. Then he had them redraft the drawings to the way it was previously built. He stated that the soonest they could find someone to build manufactured trusses was 10 months out which would put them to November. He stated that the roofs were not previously manufactured trusses, so to save time, they went back to ForeFront Engineering to have a truss design to be built onsite. That work was completed in February. He stated that the 2 structural walls were unsafe. He stated that and Richard Klaas and him have an agreement to replace the common wall between units 2 and 3. He stated that it is understood that the roof over that structural wall will have to come off because the code says you have to have 4 feet on each side and a 2 hour burn fire rated wall. He stated there is nothing structural left of his unit other than the 2 walls. He stated that permitting paperwork was submitted on May 2nd. He stated that the fire was August 25, 2019. He stated that Barbara Giacobe (unit #584) now has her unit for sale and he needs to speak to the new owner to repair the common wall between her unit and his. He stated that his plan is to get the common walls up and the roof done as fast as they can. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 Dan Mantzaris asked if everything was done since November 2021. Mr. Miller stated that in early 2000 a dumpster was brought in and property was hauled out. He stated that neither neighbor had insurance or the building would have been built by now. He stated that he is cautious before he spends money and gets sued. He stated that everything that is completed has been done since November 2021. Mr. Mantzaris asked how much time he will need to fix everything. Mr. Miller stated that it's in permitting. Mr. Mantzaris asked if this was set up as a condo. Mr. Miller stated that it is not set up as a condo. Board member Rini asked about the block walls. Mr. Miller stated that the bottom floor blocks are good, but the upper part of the common wall blocks were damaged when the fire was being put out. Board member Rini asked if all the walls were damaged. Mr. Miller stated that the main beam is still good. He stated that the pitch above the beam is cracked. He stated that they will remove all that and take off the roof that is over the common wall and do it properly. He stated that he is trying to have structural walls and roof done by September, depending on permitting. Barbara Giacobe, 503 %2 E. Amelia, Orlando, stated that she owns 584 W. Juniata St., and she is the only owner who actually lived in her unit. She stated that she reported the fire when it happened. She stated that she is working with Mr. Efosa in hopes to sell her unit, who has been in contact with the City already about permitting. She stated that this whole issue causes too much anxiety for her and it's best to sell the unit. Chairman Krzyminski asked that her intent is to sell the unit and the potential new owner is willing to do the repairs. Ms. Giacobe stated that yes he is willing to do the repairs. She stated that she has signed a purchasing agreement. She stated the title search has been issued and should be completed by the end of the week. She stated that Mr. Efosa has already had an engineer look at the unit. City Attorney Mantzaris stated that the City would like a compliance date of 90 days and compliance to include a Certificate of Occupancy no later than August 16, 2022. Should the property not be in compliance then assess a fine of $150 days per day after August 16a'. He stated that the idea is to put pressure on the owners to repair the structures. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 Mr. Klaas stated that deed restrictions are recorded and was put together by Dennis Horton. CASE NO. C2021-000031 & C2021-000029 Board member Rini made a motion to continue to the Jul v 18. 2022: seconded by Board member Duhon. The vote was unanimous in favor of the continuance. CASE NO. C2021-000032 Board member Grube made a motion to continue to the Jul v 18, 2022, seconded by Board member Walters. The vote was unanimous in favor of the continuance. CASE NO. C2021-000033 Board member Grebe made a motion to continue to the July 18, 2022: seconded by Board member Duhon. The vote was unanimous in favor of the continuance. CASE NO. C2107-000056 Side the Road, LLC 492 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 492 Chestnut Street, Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344 City Attorney Mantzaris introduced the case. The Respondent was present and was sworn in. Code Enforcement Officer Snodgrass, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Rick McCoy, project engineer, stated that they are working with 18", 24" and a 30" retaining walls. He stated that previously if it was under 4 foot a permit was not required. He stated that she has had issues getting quality workers that fit her budget. He stated that the City has informed Ms. Childs that she needs a contractor to pull a permit and to complete the work. Chairman Johnson asked if in his opinion, is Ms. Childs in violation. Mr. McCoy stated that he specifically made the retaining walls that small so that hand rails will not be required. He stated that it's not public access or along the sidewalk. He stated that he did not think there would be an issue. Board member Rini asked what constitutes that type of wall being a retaining wall. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 Mr. McCoy stated that is the root of the question and why there is an issue. He stated that on his plans he called them landscape walls because they were small walls. He stated that a retaining wall to him is 4 feet or higher. Carla Berger, 67 Wainwright Way, Avon Park, stated that this project has not been going since 2018. She stated that her site plan was approved in 2020 which cost her $20,000 and took the City a year to sign off on the site plan. She stated that they began work in February 2021. She stated that she had a contractor quote her $182,000 to put a $50,000 ice machine on her property. She stated that all she wanted was an ice machine on her property. She stated that the retaining walls are working. She would like to work with the City together to create a parking area for the Fire Department. She stated that she was told she needed a licensed contractor, but she now knows she needs a General Contractor. She stated to the City put a stop work order on her property. She stated that she had to pay $1200 to get the workers to come back to complete the work. She stated the stop work order was for not having a port a pot on site that was not even necessary. She stated at that time there was mention of her working without a permit. She stated the information she has received from the City is not consistent. She stated she has spoken with a contractor. She stated that the wording in her conditional use permit stated landscape walls and she does not agree that these are retaining walls. Board member Rini stated that the blocks are an architectural block. He asked if she explained to the workers what needed to be done. Ms. Berger stated that with the contractor was hired, Rick and several City of Clermont employees monitored the retention wall almost daily to make sure it was done properly. City Attorney Dan Mantzaris stated that the violation is for working without a permit, when a permit is obtained then the contractor will have to ensure that the wall is to code. Board member Allender made a motion to find the Respondent in violation, with a fine of $150.00 or every day in violation after August 14, 2022: seconded by Board member Walters. The vote was unanimous in favor of finding violation and amount of me. CASE NO. C2204-000001 Troy White 1948 Knollcrest Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1948 Knollcrest Drive, Clermont, FL 34711 VIOLATION: Chapter 62, Sections 62-33 City Attorney Mantzaris introduced the case. The Respondent was present and was sworn in. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 Code Enforcement Officer Wallace, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Troy White, 1948 Knollcrest Drive, stated that he is the owner. He stated that his car broke down and that's why the truck was parked in front of the home. Jerrod Taylor, 1878 Knollcrest Drive, stated that he is the President of Skyridge Valley HOA. He stated that this has been going on for many years. He read into the record the section of the CCR that pertains to the violation for the HOA. He stated that he wants people to follow the rules. He showed some photos of the truck parked in the neighborhood. Board member Grube made a motion to find the Respondent in repeat violation, with a fine of $500.00 for every day (5 days) in repeat violation, total of $2500: seconded by Board member Duhon. The vote was unanimous in favor offlndingg the Mpeat violation and amount oL ine. CASE NO. C2110-000037 Jeremy L. Chamberlin 381 E. Minnehaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 381 E. Minnehaha Ave., Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344; Chapter 34, Section 34-61 & 34-62; IPMC Section 302.4 City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Cortez, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Board member Grube made a motion to find the Respondent was in violation with no fine assessed at this time, if the Respondent comes into violation again they will be found in repeat violation: seconded by Board member Duhon. The vote was unanimous in favor o„� anding violation. CASE NO. C2112-000034 Bryan Strawser 235 2nd Street Clermont, FL 34711 LOCATION OF VIOLATION: 235 2nd Street, Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Cortez, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Board member Grube made a motion to find the Respondent in violation, with a fine o $150.00 or every day in violation after June 16. 2022: seconded by Board member Duhon. The vote was unanimous in favor of finding violation and amount o, fine. CASE NO. C2111-000009 Daniel Boyan 1283 Legendary Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: 1283 Legendary Blvd., Clermont, FL 34711 VIOLATION: Chapter 122, Sections 122-344 City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Snodgrass, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Board member Duhon made a motion to find the Respondent in violation, with a fine o $150.00 or every day in violation after June 16, 2022: seconded by Board member Grube. The vote was unanimous in favor offindinga violation and amount o, f ne. CASE NO. C2203-000023 Lou Natem, LLC Plaster Cottage 1203 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 1203 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 58, Sections 58-116, 58-118, 58-122, & 58-125 City Attorney Mantzaris introduced the case. The Respondent was not present. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 Code Enforcement Officer Cortez, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Board member Allender made a motion to end the Respondent in violation, with a fine of $50.00 for every day in violation after June 16. 2022: seconded by Board member Rini. The vote was unanimous in favor of anding violation and amount o,� ane. CASE NO. C2202-000005 Frederick L. Christensen Trust Action Gator Tire 591 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 591 E. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 34, Sections 34-95 City Attorney Mantzaris introduced the case. The Respondent was not present. Code Enforcement Officer Cortez, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Board member Grube made a motion to find the Respondent in violation, with a fine of $250.00 or every day in violation after June 16. 2022: seconded by Board member Walters. The vote was unanimous in favor of anding violation and amount o, f ine. CASE NO. C2201-000010 Ahmad H N Alyahya Alternate Key 1529549-Roane Road Clermont, FL 34711 LOCATION OF VIOLATION: Alternate Key 1529549-Roane Road, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61, 34-62; Chapter 122, Sections 122-348, Section 34-141 City Attorney Mantzaris introduced the case. The Respondent was not present. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD MAY 16, 2022 Code Enforcement Officer Snodgrass, who was sworn in, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation, dates, and staff recommendation for the record. Board member Grube made a motion to find the Respondent in violation, with a fine of $250.00 or everyday in violation after June 16. 2022: seconded by Board member Duhon. The vote was unanimous in favor offlndinQ violation and amount o£fine. There being no further business, the meeting was adjourned at 8:56 p.m. Attest: Rae Chidlow, Code Enforcement Clerk o. n- /— James iohnson, C irman 9