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Minutes - 03.18.2024 - Code Enforcement BoardCity of Clermont CODE ENFORCEMENT BOARD MINUTES MARCH 18, 2024 CALL TO ORDER Development Services Coordinator Heard called the regular meeting of the Code Enforcement Board to order on Monday, March 18, 2024, at 6:00pm. MEMBERS PRESENT: Chair May, Vice -Chair Camps, Member Falcone, Member Forth, Member Kilburn MEMBERS ABSENT: Member Fornoles, Member Duhon ALSO PRESENT: Code Enforcement Officers Cortez, Snodgrass, and Rebando; Code Enforcement Manager Wallace, Code Board Attorney Brackins, City Attorney Mantzaris, Development Services Director Henschel, and Development Services Coordinator Heard PLEDGE OF ALLEGIANCE ELECTION OF CHAIR AND VICE -CHAIR Board Attorney Brackins instructed the board on this item. Member Camps. seconded by Member Falcone, nominated Member Mav for Chair _for a term_ endinje April 2026. Motion passed 5-0 with Members Duhon & Fornoles absent. Member Kilburn. seconded by Member Falcone, nominated Member Camps for Vice -Chair for a term endinv April 2026. Motion passed 5-0 with Members Duhon & Fornoles absent. MINUTES Motion to approve the Minutes for the September 18. 2023 Code Enforcement Board Meeting: Moved bi, Vice -Chair Camps: Seconded bt, Member Forth. Motion passed 4-1 with Member Falcone abstaining and Members Duhon & Fornoles absent. OPENING STATEMENT Chair May made the opening remarks. SWEARING IN WITNESSES Code Enforcement Officers Wallace, Cortez, Snodgrass, and Rebando, City staff, along with any of the public who may testify were sworn in. OTHER BUSINESS City Attorney Mantzaris introduced himself and announced staff would like to hold a special meeting on Monday, April 15, 2024, at 6pm. City Attorney Mantzaris announced the following agenda items are not being presented, because they came into compliance or are being moved to the April 15, 2024 meeting (Items 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15 & 16): ITEM 1 - CASE NO. C2021-000029 & C2021-000031 Richard Klass 505 7th Street Clermont, FL 34711 LOCATION OF VIOLATION: 588 & 590 West Juniata Street REQUEST: Motion to Foreclose ITEM 2 - CASE NO. C2302-0075 & C2302-0077 584 West Juniata Street, LLC 210 River Street Hackensack, NJ 06701 LOCATION OF VIOLATION: 584 & 586 West Juniata Street REQUEST: Motion to Foreclose ITEM 3 - CASE NO. C2106-000046 Neville Desilva 2047 Knollcrest Drive Clermont, FL 34711 LOCATION OF VIOLATION: 2047 Knollcrest Drive REPEAT VIOLATION: Reduction of Fines ITEM 4 - CASE NO. C2307-0052 Matthew Shakaria 3539 Rolling Hills Lane Apopka, FL 32712 LOCATION OF VIOLATION: 5th Street (Vacant Lot), Alternate Key 3621433 REPEAT VIOLATION: Motion to Lien ITEM 5 - CASE NO. C2203-000066 Richard Posada 2714 Eagle Lake Drive Clermont, FL 34711 LOCATION OF VIOLATION: 2714 Eagle Lake Drive REPEAT VIOLATION: Reduction of Fine ITEM 6 - CASE NO. C2301-0004 ANNBI LLC 10845 Log House Road Clermont, FL 34711 LOCATION OF VIOLATION: 811 West Highway 50 REPEAT VIOLATION: Reduction of Fine ITEM 8 - CASE NO. C2403-00003 Jose Gonzalez 1250 Shorecrest Circle Clermont, FL 34711 LOCATION OF VIOLATION: 1250 Shorecrest Circle REPEAT VIOLATION: Repeat with Fine 2 ITEM 9 - CASE NO. C2312-0002 Willie Chandler 536 E. Broome Street Clermont, FL 34711 LOCATION OF VIOLATION: 532 Broome Street REPEAT VIOLATION: Repeat with Fine ITEM 10 - CASE NO. C2312-0017 Flori-1295 LLC (Nolands Roofing) 1295 West Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: Emerald Lakes Street VIOLATION: Section 101-178 Development Order and Development Permit Required ITEM 11 - CASE NO. C2312-0019 Anthony Alvarez & Sheila De Pa 740 Prince Edward Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 740 Prince Edward Avenue VIOLATION: Section 18-92 Prohibition of Storage of Certain Items, Containers Section 125-522 (a) Building Permit Required, Section Identification, Section 302.3 IPMC Sidewalks and Driveways, City the case. ITEM 13 - CASE NO. C2309-0054 Section 30-2 Garbage 304.3 IPMC Premises Attorney Brandt introduced John Miles, Jr., Estate 1000 Lakeshore Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1000 Lakeshore Drive REPEAT VIOLATION: Section 18-92 Prohibition of Certain Items, Section 302.4 IPMC Weeds ITEM 14 - CASE NO. C2312-0028 FCH Properties LLC (Travel Camp) 2480 S. US Highway 27 Clermont, FL 34711 LOCATION OF VIOLATION: 2480 S. US Highway 27 VIOLATION: Section 302.2 Grading & Drainage Section 125-522 (i) Property Maintenance, Section 105-120 Maintenance of Installed Systems, Section 1 l 7-8 Prohibited Signs ITEM 15 - CASE NO. C2310-0028 John Biggs 443 W. Juniata Street Clermont, FL 34711 LOCATION OF VIOLATION: 443 W. Juniata Street VIOLATION: Section 125-522 (a) Building Permit Required ITEM 16 - CASE NO. C2310-0030 Jomar Investment LLC 1445 Bowman Street Clermont, FL 34711 LOCATION OF VIOLATION: 1445 Bowman Street VIOLATION: Section 125-522 (a) Building Permit Required, Section 125-587 Vacation Rental Permit Requirements (The following agenda items were heard out of agenda order.) ITEM 7 - CASE NO. C2305-0061 JO-EL LLC 340 Bunker Place Orlando, FL 32804 LOCATION OF VIOLATION: W. Minneola Road — Vacant Lot REPEAT VIOLATION: Reduction of Fine City Attorney Mantzaris introduced the case, and explained two orders were entered in this case with the first one in February of 2023 and the second in July of 2023. He stated the property is currently in compliance with an outstanding fine of $2,000 from the July of 2023 order, and the representative is present to ask the Board for a reduction of fine. He stated staff s recommendation is reducing the fine to $200. He further asked the respondent to make their appeal to the Board. Chair May asked when the last violation was. Code Enforcement Officer Cortez answered the property came into compliance on 7/11/23 and no further violations have occurred. Member Falcone said this is a repeat violation and asked when the very first violation occurred. Code Enforcement Manager Wallace answered the first case was in 2013 for the same violation. Since that time there have been a total of 13 cases. Respondent Ellis Abide, Manager of JO-EL LLC, 340 Bunker Place, Orlando, shared text communications and a timeline between him and the lawn company that mows the vacant lot. In conclusion, due to unforeseen circumstances, the vacant lot did not get mowed and on Saturday, May 27, 2023, he received a violation. He was able to find a new landscaper where it was mowed on Sunday, May 28, 2023. He explained he lives in Orlando, 35 minutes away, and he currently has a new landscaping company. Member Forth made a motion to reduce the fine in Case No. C2305-0061 from $2, 000 to $250 to be vaid within 30 dabs: and further, failure to vai, will result in reverting the fine to its original amount of $2, 000. Motion failed for lack ofsecond. Chair May opened up the floor for discussion. Discussion ensued regarding staffs recommendation. Vice -Chair Camtrs made a motion to reduce the fine in Case No. C2305-0061 from $2.000 to $200 to be paid within 30 days; and further. failure to nav will result in reverting the fine to its original amount of $2.000: seconded big Member Kilburn. Motion grassed 5-0 with Members_ Duhon and Fornoles absent. 4 NEW BUSINESS ITEM 12 - CASE NO. C2310-0039 Judy & Roy Barton 301 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 301 Chestnut Street VIOLATION: Section 125-522(a) Building Permit Required City Attorney Mantzaris introduced Code Enforcement Officer Rebando who presented the evidence for this case. Code Enforcement Officer Rebando introduced the case explaining Section 125-522(a). He presented the case summary and gave its history, exhibited pictures that are a true and accurate depiction of the property on the date taken, and read the violation and dates for the record. He further explained this case was self -initiated, is currently not in compliance, no permit is in the system, and stated staff's recommendation. City Attorney Mantzaris further explained this case went before the City Council on March 12, 2024 for a variance request which was denied. He stated because of the variance denial the respondent would have to move the shed in order to obtain a permit. Respondent Roy Barton, 301 Chestnut Street, said he will be more than happy to apply for a permit, but he does not have 25 feet to the property line. He is currently working with staff to find a resolution and asked for more time. City Attorney Mantzaris indicated he still needs a variance in order to obtain a permit; however, his variance was denied, and City Code states applying for another variance is not allowed for up to a year. Discussion ensued regarding the denied variance and extending the time from 60 to 90 days. Member Kilburn made a motion to find the Respondent is in violation in Case No. C2310-0039. It' the Respondent does not comply with this order to correct the violation on or before June 17, 2024. a fine of$150 per day for every day in violation after June 17. 2024. will accrue until corrected. And further, the Respondent is ordered to contact the Code Enforcement Officer to arrange an inspection of the nroperty to verity compliance: seconded by Member Falcone. Motion Passed 5-0 with Members Duhon and Fornoles absent. ITEM 17 - CASE NO. C2310-0021 Kevin Henshaw 1620 51h Street Clermont, FL 34711 LOCATION OF VIOLATION: 1620 51h Street VIOLATION: Section 125-522(a) Building Permit Required City Attorney Mantzaris introduced Code Enforcement Officer Cortez who presented the evidence for this case. 5 Code Enforcement Officer Cortez introduced the case explaining Section 125-522(a). He presented the case summary, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation. He further explained this case was self -initiated, is currently not in compliance, the respondent has not contacted code enforcement about the case, and stated staff s recommendation. Respondent Kevin Henshaw, owner of 1620 5th Street, explained he did not receive the notice because he has tenants in the home. He further stated he is currently attempting a lot split on this property, and he cannot get the survey until the lot split is approved. He is requesting more time in order to obtain the survey to apply for the permit. Chair May recommended the date stand at 30 days, because surveys can be done fairly quickly. Respondent Henshaw stated most surveys are taking 60 to 90 days right now. Vice -Chair Camas made a motion to find the Respondent is in violation in Case No. C2310-0021. If the Respondent does not comph, with this order. a fine of$150 Per day for every day in violation after Mai, 17. 2024. will accrue until corrected: and further, the Respondent is ordered to contact the Code Enforcement Officer to arranve an inspection of the property to veriA, compliance;_ seconded by Member Forth. Motion gassed 5-0 with Members Duhon and Fornoles absent. ITEM 18 - CASE NO. C2307-0013 Permacation LLC (Artificial Grass Co.) 516 West Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 516 West Highway 50 VIOLATION: Section 605.1 IPMC Electrical Equipment, Section 304.1 IPMC Exterior Structure, Section 125-522(a) Building Permit Required, Section 304.1.1 IPMC Unsafe Conditions, Section 305.1 IPMC General, Section 302.3 IPMC Sidewalks & Driveways City Attorney Mantzaris introduced Code Enforcement Officer Cortez who presented the evidence for this case. Code Enforcement Officer Cortez introduced the case explaining Section 125-522(a) Building Permit Required, Section 302.3 IPMC Sidewalks & Driveways, Section 304.1 IPMC Exterior Structure, Section 304.1.1 IPMC Unsafe Conditions, Section 305.1 IPMC General, Section 605.1 IPMC Electrical Equipment. He presented the case summary, exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violations. He stated a demolition permit was applied for, but was denied. In conclusion, he stated staffs recommendation is to find the respondent is in violation; and further, assess a fine of $250 per day for every day the property remains in violation after April 17, 2024. Respondent Kevin Henshaw, outdoor manager of Permacation LLC, stated he has taken over the building approximately five months ago and has been working with Mr. Powell on getting the drawing plans for building and parking lot renovations. City Attorney Mantzaris explained the permitting process. 0 Member Forth made a motion to find the Respondent is in violation in Case No. C2307-0013. If the Respondent does not comply with this order, a fine of $250 per day for every day in violation after Argil 17. 2024, will accrue until corrected: and further. the Respondent is ordered to contact the Code Enforcement Officer to arranze an inspection of the propertt, to verify compliance: seconded by Member Falcone. Motion passed 5-0 with Members Duhon and Fornoles absent. Board Attorney Brackins announced April 15' will be a special meeting and asked for a motion to schedule the meeting. Vice -Chair Camps made a motion to schedule a special meetinty on Monday. April 15, 2024 for the aLenda items that were moved Seconded by Member Kilburn. Motion gassed 5-0 with Members Duhon c& Fornoles absent. AJDOURN There being no further business, the meeting was a Attest: ee atHe ev. Svcs. Coord. 7 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME Falcone Fran MAILING ADDRESS UU cWrt131ek Getif� CITY Clermont DATE ON WHICH VOTE OCCURRED March 18, 2024 �i fly bbvi►-Q COUNTY Lake NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Code Enforcement Board j THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Y1 fib CITY ❑ COUNTY ❑ OTHER LOCALAGENCY NAME OF POLITICAL SUBDIVISION: City of Clermont MY POSITION IS: ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. 1`III d=19Z0]JJy]=I:&*1 Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. 7 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. t Cl� EC C. 1-1V- DISCLOSURE OF LOCAL OFFICER'S INTEREST , hereby disclose that on (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Approval of the February 6, 2024 Code Enforcement Board Minutes March 18 20 24 by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ` L Date Filed i Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 815 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.