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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 • ~... r, • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 17, 2003 Page-2- • • 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 Page-3- 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 MINUTES CODE ENFORCEMENT BOARD June 17, 2003 Page - 4 - 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. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 17, 2003 Page-S- 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 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 17, 2003 Page-6- • 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. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 17, 2003 Page-7- 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. 1 Paul Lienard, airman Attest: ~~ ~_. J C. McAllist ,Code Enforcement Clerk n U