06-17-2003 Regular Meeting• CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
June 17, 2003
The regular meeting of the Code Enforcement Board was called to order on Tuesday,
June 17, 2003, at 7:00 p.m. Members attending were Joe Janusiak, Paul Lienard,David
Outlaw and Sharon Martin. Alvin Schein and Vern Schneider were absent. Also
attending were Betty McMinamen, Code Enforcement Officer, Robert Guthrie, City
Attorney and Jane C. McAllister, Code Enforcement Clerk.
The minutes from the Code Enforcement Board meeting of May 20, 2003 were
approved as written.
Chairman Paul Lienard gave the floor to Code Enforcement Officer Betty McMinamen.
Code Enforcement Officer Betty McMinamen announced that there will be no Code
Enforcement Board meeting on July 15, 2003 due to the move to the new City Hall.
NEW BUSINESS
CASE NO.03-45
• Burger King Corporation
Attn: Legal Department
5505 Blue Lagoon Drive
Miami, FL 33126
LOCATION OF VIOLATION: 780 E. Highway 50, Clermont, FL 34711
VIOLATION:
03-45: City of Clermont Code of Ordinances No. 281-C, Chapter 106, Section 106-9&10
Property Maintenance Per Approved Site Plan.
Code Enforcement Officer Betty McMinamen stated that the owner of the property in
question was notified of the violation on April 1, 2003. She further stated that
compliance will be when the property has been returned to all of the specifications of
the original Site Plan as approved on July 29, 2000.
Brian Smith, 611 S. Mills Avenue, Orlando, FL 32806, a representative of the Burger
King Corp. was sworn in and said that he will have the drive thru sign repaired and
replace the elms trees with the oaks as required by code. He requested thirty days for
these items. He also said the company would like to submit a revised site plan to staff
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CODE ENFORCEMENT BOARD
June 17, 2003
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that would allow more parking than the original site plan, but probably less than they
have at the moment. The parking lot was reconfigured in 2002 and does not comply
with City Code.
David Outlaw made a motion to find the Respondent in violation of the cited City Code.
Joe Janusiak seconded the motion. The vote was unanimous for finding the respondent
in vinlatinn_
David Outlaw made a motion to allow the Respondent until July 15, 2003 to comply in
regard to the drive thru sign and the elm trees or be fined at the rate of $250.00 per
week. Joe Janusiak seconded the motion. The vote was unanimous in favor of fhe time
limit and the fine.
David Outlaw made a motion to allow the Respondent until August 19, 2003 to submit a
revised site plan for parking to staff or be fined at the rate of $250.00 per week. Joe
Janusiak seconded the motion. The vote was unanimous in favor of the fime limit and
the fine.
CASE NO. 03-48
CASE NO.03-49
Elisha & Mamie Pace Sr.
733 E. Minneola Avenue
Clermont, FL 34711
Storage of Recreational (cargo) Trailer
Unlawful Maintenance of Nuisances
LOCATION OF VIOLATION: 733 E. Minneola Ave, Clermont, FL
VIOLATION:
03-48 City of Clermont Code of Ordinances No. 86-C, Chapter 38, Section 38-4.
Storage of Recreational (cargo) Trailer
03-49 City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61
Unlawful Maintenance of Nuisances.
Code Enforcement Officer Betty McMinamen said the original notices went out on April
2, 2003. She went on to say that Mr. Pace has made some effort to clean things up
however he is still not near compliance.
• CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
June 17, 2003
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Elisha Pace Sr., 733 E. Minneola Ave., Clermont, FL 34711 was sworn in and stated
that he has started to clean up the property but due to some personal problems he has
not done as much as he anticipated. He said he would need an additional sixty day to
come into compliance on both cases.
Sharon Martin made a motion to find the Respondent in violation of the cited City Code
in Case No. 03-48. Joe Janusiak seconded the motion. The vote was unanimous for
finding the Respondent in violation.
Sharon Martin made a motion to allow the Respondent until Au_uust 19.2003 to comply
or be fined at the rate of $250.00 per month until compliance is met. Joe Janusiak
seconded the motion. The vote was unanimous for the time limit and the fine.
Sharon Martin made a motion to find the Respondent in violation of the cited Citv Code
in Case No. 03-49. Joe Janusiak seconded the motion. The vote was unanimous for
find the Respondent in violation.
• Sharon Martin made a motion to allow the Respondent until August 19. 2003 to comply
or be fined at the rate of $250.00 per month until compliance is met. Joe Janusiak
seconded the motion. The vote was unanimous for the time limit and the fine.
CASE NO. 03-50
John Ray & Annie B Ward
267 Bloxam Ave.
Clermont, FL 34711
LOCATION OF VIOLATION: 567 Bloxam Avenue, Clermont, FL 34711
VIOLATION: City of Clermont Code of Ordinances No. 323-C, Chapter 34, Section 34-
61.
Unlawful Maintenance of Nuisances.
Code Enforcement Officer Betty McMinamen stated that the owner of the property in
question was notified of the violation on April 3, 2003. She said the owner is working on
the violations but there is still much to be done. The owners were not present and Ms.
McMinamen asked the Board to find them in violation and to allow them an additional
two months to complete the clean up.
• CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
June 17, 2003
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Sharon Martin made a motion to find the Respondent in violation of the cited City Code.
Joe Janusiak seconded the motion. The vote was unanimous for finding the
Respondent in violation.
Sharon Martin made a motion to allow the Respondent until August 19, 2003 to comply
or be fined at the rate of $250.00 per month. Joe Janusiak seconded the motion. The
vote was unanimous in favor of the time limit and the fine.
CASE NO.03-51
CASE NO.03-52
Permitted Uses Must Be Enclosed
Unlawful Maintenance of Nuisances
James C. & Bobbi Jean Williams
P.O. Box 120394
Clermont, FL 34712
• LOCATION OF VIOLATIONS: 1039 W. Juniata St., Clermont, FL 34711
VIOLATIONS:
03-51: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section
122.263(c).
Permitted Uses Must Be Enclosed.
03-52: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61.
Unlawful Maintenance of Nuisances.
Code Enforcement Officer Betty McMinamen read the violations and presented photos
showing an enormous improvement in the property in question. She asked that the
board find the Respondent in violation since the clean up had not been completed.
James Williams, 1039 W Juniata St, Clermont, FL was sworn in and asked the Board to
allow him an additional sixty days to comply.
David Outlaw made a motion to find the Respondent in violation of the cited City Code
in regard to Case No. 03-51. Joe Janusiak seconded the motion. The vote was
unanimous for finding the Respondent in violation.
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• CITY OF CLERMONT
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CODE ENFORCEMENT BOARD
June 17, 2003
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David Outlaw made a motion to allow fhe Respondent until August 19.2003 to comply
or be fined at fhe rate of $250.DO~er week. Joe Janusiak seconded the motion. The
vote was unanimous in favor the time limif and the fine.
David Outlaw made a motion to find the Respondent in violation of the cited City Code
in regard to Case No. 03-52. Joe Janusiak seconded the motion. The vote was
unanimous in favor of find the Respondent in violation.
David Outlaw made a motion fo allow the Respondent until August 19, 2003 to comply
or be fined at the rate of $250.00 per week. Joe Janusiak seconded the motion. The
vote was unanimous in favor of the time limit and the fine.
OLD BUSINESS
CASE N0.02-43
Minimum Housing Standards.
• Alice J. Hinton, et al
338 Chestnut St.
Clermont, FL 34711
Code Enforcement Officer Betty McMinamen stated that the fine in this case is due to
start on June 17, 2003. She said the Respondent was present to ask for an extension.
James Johnson, 8619 Valley Ridge Court, Orlando, FL 32818 was sworn in and spoke
as representative of the family. He asked for an extension of six months for the start
date of the fine. Mr. Johnson stated the property could be brought into compliance by
that time.
Sharon Martin made a motion to extend the starting date of the fine from June 17.2003
to December 16, 2003 so long as the property in question remains secure and
uninhabited. Joe Janusiak seconded to motion. The vote was unanimous in favor of the
motion.
CASE NO.03-34
Minimum Housing Standards.
Albert E. Dean
• 737 E. Juniata Street
Clermont, FL. 34711
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CODE ENFORCEMENT BOARD
June 17, 2003
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Code Enforcement Officer Betty McMinamen showed photos indicating that there has
been no improvement to the property in question even though there is a tenant living
there and the roof is still leaking.
Albert E. Dean, 4505 San Sebastian Circle, Orlando, FL 32808 was sworn in and told
the Board that the property is under contract to be sold. He said the closing would take
place on June 23, 2003.
It was explained to Mr. Dean that the violation and the fine involved are on the property
and that whoever owns the property is responsible for them. He was also advised that
he must notify the perspective buyer of the violation and the fine.
Mr. Dean told the Board that he has indeed notified the buyer of the violation and the
fine involved and is selling the property "as is". He asked for an extension of two weeks
so he can close on the property.
City Attorney Robert Guthrie suggested that Mr. Dean make sure the closing agent has
a copy of the April 18, 2003 order.
Mr. Dean said he would do that.
David Outlaw made a motion to extend the starting date of the fine from June i7. 2003
to July 15, 2003. Sharon Martin seconded the motion. The vote was unanimous in favor
of the motion.
REQUESTS TO BE HEARD
CASE NO.03-12
CASE NO.03-13
Connie A. & Joel Casimiro
612 W. Minneola Avenue
Clermont, FL 34711
Building Permit Required.
Unlawful Maintenance of Nuisances
Code Enforcement Officer Betty McMinamen stated that Mr. Casimiro had been granted
an extension for the lien start date from March 18, 2003 to May 20, 2003 and did not
comply until June 4, 2003. The amount of the fine is $1,500.00 for each case for a total
of $3,000.00.
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MINUTES
CODE ENFORCEMENT BOARD
June 17, 2003
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Joel Casimiro, 540 E Minnehaha Ave., Clermont, FL was sworn in and said that he
knows the Board was cooperative in granting him an extension and apologized for
having taken longer than the Board allowed him. He explained that there were
circumstances beyond his control that lead to the delays. Mr. Casimiro stated that he
knows he is in the wrong and expects to pay for his mistakes however, he did ask the
Board if they would consider reducing the amount of the fines.
David Outlaw made a motion to waive 50% of the fine in Case No. 03-12 adjusting the
fine to $750.00, and to waive 50 % of the fine in Case No. 03-13 adjusting the fine to
$750.00 for a Total of % 1,500.00. Joe Janusiak seconded the motion. The vote was
unanimous in favor of the reduction in fines.
In the matter of Case No. 03-26 and 03-27 Rosa Lee Crews Respondent, and Case No.
03-37 Harry M. Dean et al Respondent, Code Enforcement Officer Betty McMinamen
asked that the start date of these liens be extended for six months.
• David Outlaw made a motion to extend the start dates of the liens Cases No. 03-26 03-
27and 03-37 to December 16 2003. Joe Janusiak seconded the motion. The vote was
unanimous in favor of the extension.
There being no further business, the meeting was adjourned.
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Paul Lienard, airman
Attest:
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J C. McAllist ,Code Enforcement Clerk
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