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Minutes - 01.23.2023 - Code Enforcement Board CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 Chairman James Johnson called the regular meeting of the Code Enforcement Board to order on Monday, January 23, 2023, at 6:00 p.m. Members attending were Chairman James Johnson along with Board members Sonny Fornoles,Beth Walters,Justin Allender,Chandra Myers,Paul Duhon, and Bryan Bain. Also attending were Evie Wallace, Code Enforcement Manager, Andrew Snodgrass, Jordon Rebando, and Joshua Cortez, Code Enforcement Officers, Curt Henschel, Development Services Director, Patrick Brackins, Code Enforcement Attorney, Dan Mantzaris, City Attorney, Patrick Brandt, City Attorney, and Rae Chidlow, Planning Coordinator. Board member Allender made a motion to approve the minutes for the September 19, 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 Attorney Patrick Brackins did the swearing in of the new members. Code Enforcement Manager Wallace and Code Enforcement Officers Snodgrass and Cortez,along with any of the public who may testify, were sworn in. Development Services Director Curt Henschel welcomed the new members and the Code Enforcement Attorney. He explained that Patrick Brackins will be the new Attorney for the Code Board. City Attorney Dan Mantzaris stated that the cases with Respondents that are present are items 2, 3,4, and 5. He stated that item number 7 is being withdrawn by the City and will not be heard. He stated that there are also Respondents present for items 8 and 9. CASE NO. C2106-000029 South Lake Presbyterian Church 171 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 171 Chestnut Street REQUEST: Reduction of fines City Attorney Mantzaris introduced the case. The Respondent was present. Reverend Drew Marshall, Pastor of South Lake Presbyterian Church, 131 Chestnut Street, stated that what they are talking about is a 10 x 16 shed. He stated that they were notified that they were to have a permit. He stated that they found out they were not allowed to have anything on that parcel due to the main structure that was built in 1937 being demolished in 2002. He stated the structure that is being presented in the photos is a garage that has been there since the 1940s. He stated that they would need to get a variance to allow the shed. He stated that in November 2021 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 they applied for a variance and spoke with Code Enforcement Snodgrass the day he applied. He stated that he was informed that as long as he was moving forward with the variance application then he would not need to attend the November Code Enforcement meeting.He stated that a month later he received a notification that the hearing of his case that went forth without them being present. He stated that as of February 10th they would be fined $150 a day. He stated the variance application did not move forward due to holiday schedules until January 11, 2022. He stated that it was approved. He stated that he inquired to obtain permit and found out he had to hire a contractor to pull a permit for the shed since it was owned by the church. He stated that eight days later they started accessing the fines. He stated that the contractors were busy at that time so it took them about a month to find a contractor that was willing to pull the permit. He stated that he is requesting to have the fines waived. City Attorney Mantzaris stated that the shed was an additional shed that was added to the property. He stated that you cannot have an accessory structure on a parcel unless there is a primary structure. He stated that the property is in compliance and the City is in agreement to lower the fine to$1480 with 60 days to pay. Board member Allender made a motion to reduce the fine to $500: seconded by Board member Myers. The vote failed. Board member Duhon made a motion to reduce the fine to $1480 to be paid within 60 days: seconded by Board member Bain. The vote was 6-1 in favor of the fine reduction. CASE NO. C2207-0014 Lake Magnolia Properties, LLX Vacant lot at Pagonia Rd. & SR 50 Alt. Key 3871969 Clermont, FL 34711 LOCATION OF VIOLATION: Vacant lot at Pagonia Rd. & SR 50, Alt. Key 3871969 REQUEST: Reduction of fines City Attorney Mantzaris introduced the case. The Respondent was present. Maali, with Lake Magnolia Properties, stated that her issue is that they have had unreliable landscapers. She stated that she understood she was in compliance. She stated that she was not notified that they were out of compliance and there was a ruling against them. She stated that she is requesting that due to lack of communication that the fine be waived. City Attorney Mantzaris stated that the property owner did have issues with their landscapers however they feel they have met all the requirements. He stated that they are willing to reduce the fines to $270 to be paid in 30 days. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 Board member Myers asked the Respondent why she didn't drive to property to verify. Maali stated that she does verify now that the property is cut. Board member Walters made a motion to reduce the fine to $270 to be paid within 30 days; seconded by Board member Duhon. The vote was unanimous in favor of the fine reduction. CASE NO. C2203-000023 Lou Natem, LLC 1203 Hwy. 50—Plaster Cottage Clermont, FL 34711 LOCATION OF VIOLATION: 1203 Hwy. 50—Plaster Cottage REQUEST: Reduction of fines City Attorney Mantzaris introduced the case. The Respondent was present. Jamie Zwicker, 1'Capital Group property manager for Lou Natem, LLC,stated that the tenant has failed to obtain a business tax receipt. She stated the previous property manager had been let go in June and did not take care of any of this. She stated the tenant went to pay the $40 not realizing that there was still outstanding amount due. She stated that she is requesting a fine reduction. Board member Duhon made a motion to reduce the fine to $410 to be paid within 30 days: seconded by Board member Myers. The vote was unanimous in favor of the fine reduction. CASE NO. C2203-000081 Deana M. McCabe 720 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 720 Anderson Street REQUEST: Reduction of fines City Attorney Mantzaris introduced the case. The Respondent was present. Deana McCabe, 720 Anderson Street, stated that she hired a tree company and it took until the end of August. She stated that as soon as the tree was removed she was able to move the boat. She stated that she is requesting a waiver or reduction. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 City Attorney Mantzaris stated that since this issue was more of an impact to the neighborhood, the City is willing to lower the fine to $500. Board member Walters asked why she didn't understand the violation. Ms. McCabe stated that the notification stated a trailer of certain weight and there was a neighbor who also to this day has a boat parked in their front yard. Board member Myers asked the Respondent if she is able to pay the$500 within 30 days. Ms. McCabe stated that she would do her best. Board member Walters made a motion to reduce the fine to $250 to be paid within 30 days: seconded by Board member Duhon. The vote was unanimous in favor of the fine reduction. CASE NO.C2205-0073 George Christie 2320 Twickingham Court Clermont, FL 34711 LOCATION OF VIOLATION: 2320 Twickingham Court VIOLATION: Chapter 118, Section 118-71 Minimum tree requirement City Attorney Mantzaris introduced the case. The Respondent was present. 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. City Attorney Mantzaris stated that the location of the trees on these lots,and this applies to all the items on our agenda, staff understands that the removal and replacement is compromised due to the root system of the removed trees. He stated that it is difficult to remove the roots without compromising the utilities. He stated that the City's understanding is that it will take a year to be able to remove the roots of the old tree. George Christie, 2320 Twickingham Court, stated they had the trees removed because they were encroaching on the driveway. He stated they went to Matlack Tree Farm to buy trees who came to put in the trees and they informed them he was unable to plant the tree. He stated the stump was ground down below. Matlack had told them that it will take 3 to 5 years for the stump and roots to disintegrate. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 Jeffrey Rodgers,4103 Hammersmith Drive, stated that he was on the HOA Board and head of the landscape at the time these trees were removed. He stated that he also had his tree removed but his lot is large enough and doesn't have the utility easement as these other lots have. He stated that he had John Wisdo with Landscape Creations come out and he stated they could not put a tree on those lots due to the utilities. He stated that Mr. Wisdo stated it was going to take 3-6 years before another tree can be put back on those lots. Jim Purvis stated that he was the President of the HOA at the time this was happening. He stated that the irrigation, underground electric and potable water are no where they are supposed to be. He asked that they consider holding off on making a decision on this case until they hear the other cases. He stated that there will be a tree on all these lots, it's just a matter of time. City Attorney Mantzaris clarified that the trees they are speaking of was removed in 2019 so that's where the additional year is coming from. He stated that the Gorman Family Trust property was brought into compliance and won't be heard. He stated the other case C2205-0074 was not administratively added to the agenda but the Respondents are present and has met all the notice requirements. Paul Armitage, 2322 Twickingham Ct., stated that he has no objection to the Board hearing his case. Board member Walters made a motion to find the Respondent in violation, with no fine and a compliance date of February 23. 2024: seconded by Board member Duhon. The vote was unanimous in favor of finding violation and amount of fine. CASE NO.C2205-0074 Paul &Joanne Armitage 2322 Twickingham Court Clermont, FL 34711 LOCATION OF VIOLATION: 2320 Twickingham Court VIOLATION: Chapter 118, Section 118-71 Minimum tree requirement City Attorney Mantzaris introduced the case. The Respondent was present. 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. Paul Armitage, 2322 Twickingham Ct., he stated that there was no tree when he bought his home in August 2021 and moved in a couple months later. He provided photos of where the old tree was 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 located. He stated the tree was over the wires. He described the easements in the photos. He stated that the previous owner tried to have a tree planted but was unable to plant tree do to the roots. Board member Myers asked if there is room in the back yard for the tree. Mr. Armitage stated that there is no room in the back yard. Board member Myers made a motion to find the Respondent in violation, with no fine and a compliance date of February 23, 2024; seconded by Board member Duhon. The vote was unanimous in favor of finding violation and amount offine. City Attorney Dan Mantzaris stated that for Item number 1 on the agenda,the full motion was not included in the packet so that item will be heard in March. He stated that on Item number 6 the Respondent is not present so that case will not be heard. CASE NO. C2209-0054 Jeremy Chamberlin 381 E. Minnihaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 381 E. Minnihaha Ave. REPEAT VIOLATION: Section 34-61 and Section 34-62 Nuisances; Section 122-344 (i) Property maintenance; Section 302.4 Weeds. 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 Duhon made a motion to find the Respondent in repeat violation, with a fine of $500.00 for every day in violation between September 19. 2022 and October 3, 2022 with fine amount of$7000:seconded by Board member Myers. The vote was unanimous in favor of finding the violation and amount offine. CASE NO. C2209-0059 JO-EL, LLC Vacant parcel on W. Minneola Alt. Key 1615747 Clermont, FL 34711 LOCATION OF VIOLATION: Vacant parcel on W. Minneola, Alt. Key 1615747 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD January 23, 2023 VIOLATION: Section 34-61 and Section 34-62 Nuisances; Section 122-344 (i) Property maintenance; Section 118-37 Landscape buffer; Section 301.3 Vacant structure and lands. 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 Allender made a motion to find that the Respondent was in violation, and further order that if Respondent repeats the violation the Respondent may be brought back before the Board as a repeat violation: seconded by Board member Bain. The vote was unanimous in favor of finding the violation. There being no further business, the meeting was adjourned at 7:42 p.m. C--) . g (_, James Johnson, Chairman Attest: s)....a.,N:ps,),•.- Rae Chidlow, Code Enforcement Clerk 7