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Minutes - 03.20.2023 - Code Enforcement BoardCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 20, 2023 Chairman James Johnson called the regular meeting of the Code Enforcement Board to order on Monday, March 20, 2023, at 6:00 p.m. Members attending were Chairman James Johnson along with Board members Sonny Fornoles, Justin Allender, Chandra Myers, and Paul Duhon. Beth Walters and Bryan Bain were not present. 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, Patrick Brandt, City Attorney, and Rae Chidlow, Planning Coordinator. Board member Duhon made a motion to approve the minutes for the January 23, 2023 Code Enforcement meeting: seconded by Board member Allender. The vote was unanimous to approve the minutes. Chairman Johnson read the Opening Remarks. Code Enforcement Manager Wallace and Code Enforcement Officers Snodgrass and Cortez, along with any of the public who may testify, were sworn in. ITEM 1- CASE NO. C2111-000009 Daniel Boyan 1283 Legendary Blvd. Clermont, FL 34711 LOCATION OF VIOLATION: 1283 Legendary Blvd. REQUEST: Motion to lien City Attorney Brandt introduced the case. The Respondent was present. Daniel Boyan, 1283 Legendary Blvd, stated that he thought when Lake Construction pulled a permit it was to cover everything. Chainnan Johnson asked if the Respondent was present at the original hearing. Mr. Boyan stated that he was incarcerated during that time and was in the hospital the last two meetings. Code Board Attorney Patrick Brackins asked is it the City's contingent that the property is still out of compliance. Mr. Brandt stated that the property is still out of compliance. Code Board member Allender asked if the pergola is the only thing out of compliance. Mr. Brandt stated that the fine if for being out of compliance since May 18, 2022. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 20, 2023 Code Board member Duhon ask how much is the fine. Chairman Johnson stated that the fine amount is $41550. Board member Duhon made a motion to lien the property; seconded by Boal•cl member- Fornoles. The vote was unanimous in favor of the lien. ITEM 2 - CASE NO. C2021-000031 & C2021-000029 Richard Klaas 588 & 590 W. Juniata St. Clermont, FL 34711 LOCATION OF VIOLATION: 588 & 590 W. Juniata St. REQUEST: Motion to lien City Attorney Brandt introduced the case. The Respondent was present. Richard Klaas stated that he is caught in the middle due to new owners of the other units. He stated that he gets calls from contractors and no one shows up. He stated that he can't come into compliance until the other units come into compliance. Board member Duhon made a motion to lien the property: seconded by Board member Allender. The vote was unanimous in favor of the lien. ITEM 3 - CASE NO. C2302-0075 & C2302-0077 584 W. Juniata St. LLC 584 & 586 W. Juniata St. Clermont, FL 34711 LOCATION OF VIOLATION: 584 & 586 W. Juniata St. VIOLATION: Section 122-344 Building permit required; Section 34-61 to 34-64 Nuisance and Notice to Abate; IPMC Section 111.1.1 Unsafe structure, 111.8 Prohibited occupancy, Section 111.1.3 Structure unfit for human occupancy City Attorney Brandt introduced the case. The Respondent was not 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. Board member Allender made a motion to find the Respondent in violation with a fine of $250 per day for every not in compliance after April 19, 2023 and further find the property constitutes a 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 20, 2023 serious threat to public safety, health and welfare: seconded by Board member Duhon. The vote was unanimous in favor of ending violation and amount oLfine. ITEM 4 - CASE NO. C2212-0043 HPA II Borrower 2020-1 GA LLC 4235 Fawn Meadow Circle Clermont, FL 34711 LOCATION OF VIOLATION: 4235 Fawn Meadow Circle VIOLATION: Section 118-111 Tree removal permit City Attorney Brandt introduced the case. The Respondent was 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. He stated that the permit has been applied for and the property is in compliance. Attorney Brian Chase, representing HPA II Borrower 2020-1 GA LLC, stated that the there is no doubt that the tree was removed with no permit. He stated his client hired a local company who should know the local laws and assumed they were to pull the permit. He stated that apparently this company did not know. He stated that the tree company went to pull the permit and did not know that a site plan was required for the permit. He stated that they also put the wrong address. He stated that the permit has been pulled at this time, however the company pulled the permit too late so now they are here for a code enforcement case. He stated that he is asking to not be labeled so that in the future they are not considered as a repeat offender. Jennifer Rivers, for the HOA, stated that the tree is removed and the process to get to this point started in August of 2022. She stated that at this point they have 8 violations against this group. She stated that 4 of them are in the intent to lien stage. She stated that this group constantly blame the contractors. She stated that she has been in contact with PPM Landscaping and she was told that they were only allowed so much to complete the tree removal. She stated that the owners use every cost cutting method they can to do the work. She stated that they are still not in compliance with the HOA as well. Mr. Brackins stated that when the Board makes their decision it is to be based on the violation presented by the City, not the violations against the HOA. Board member Duhon made a motion to find the Respondent in violation and if the Respondent repeats the violation they will be found in repeat violation, with no fine at this time: seconded by Board member Allender. The vote was unanimous in favor oLfinding violation and amount o0ne 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 20, 2023 ITEM 5 - CASE NO. C2211-0005 South Lake Presbyterian 131 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 131 Chestnut Street VIOLATION: Section 34-95 Prohibit storage of certain items City Attorney Brandt introduced the case. The Respondent was 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. Reverend Drew Marshall stated that both vehicles were donated to the church and for some reason neither were able to have anything done to them immediately. He stated that the black Honda did have a current tag until the 4a' of November. He stated that he apologizes that it took so long to take care of these vehicles. Code Board member Myers asked if you have evidence of the current tag. Reverend Marshall stated that in the photo the tag was current. He stated that both cars have been removed. 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 Duhon. The vote was unanimous in favor offindinQ the violation. City Attorney Brandt stated that Item number 7, case number C2208-0002, and Item number 9, case number C2210-0069 is in compliance and will not be heard. ITEM 10 - CASE NO. C2212-0033 Evelyn Charles 3301 White Blossom Lane Clermont, FL 34711 LOCATION OF VIOLATION: 3301 White Blossom Lane VIOLATION: Section 122-344 Building permit required City Attorney Brandt introduced the case. The Respondent was present. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 20, 2023 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. Evelyn Charles, 3301 White Blossom Lane, stated that the when a storm comes she has to replace the screen. She stated that she was told she did not need a permit because she already had the screen room. She stated that every time she submitted to the city she was told she needs to get with an architect. She stated that she is working on obtaining the permit. Code Board member Board Myers asked that she didn't know she had to have a permit. Ms. Charles stated that the HOA told her she didn't need permit because the screen porch already existed. Chairman Johnson asked if it would take more than a month to get the permit. Ms. Charles stated that depends on the review and communication. Code Board Member Fornoles asked who constructed the porch. Ms. Charles stated that her husband, brother, and brother-in-law built it. Board member Allender is asking if 30 days is long enough and stated he would be willing to extend it to 60 days. Board member Allender made a motion to find that the Respondent was in violation and assessed a line of $150 per day for every day in violation after May 19. 2023: seconded by Board member Bain. The vote was unanimous in favor of finding the violation and assessing the fine. ITEM 6 - CASE NO. C2301-0017 Barbara Driver 1982 Brantley Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1982 Brantley Circle VIOLATION: Section 34-142 Accumulation of certain materials; Section 122-344 Building permit required; Section 94-199 Required soil conservation measures; Section 50-36 Special refuse; Section 112 IPMC — Stop work order City Attorney Brandt introduced the case. The Respondent was not present. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD March 20, 2023 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 violation, with a fine of $150 per day for every day the property is out of compliance past April 19, 2023: seconded by Board member Myers. The vote was unanimous in favor oL inding violation and amount of fine. ITEM 8 - CASE NO. C2212-0001 Karlton R. Tillman ET AL 732 4 h Street Clermont, FL 34711 LOCATION OF VIOLATION: 732 O Street VIOLATION: Section 122-344 Building permit required City Attorney Brandt 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 violation, with a fine of $150 per day for every day the property is out of compliance past April 19, 2023: seconded by Board member Allender. The vote was unanimous in favor o, finding violation and amount otfine. Code Enforcement Attorney Patrick Brackins presented the annual training packet for the Board Members. There being no further business, the meeting was adjourned at 7:53 p.m. Attest: Rae Chidlow, Code Enforcement Clerk James Johnson, thainnan 6