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10-19-2004 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 19, 2004 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 19, 2004 at 7:00 p.m. Members attending were Joe Janusiak, Peter Geigel Jim Purvis and A.D. VanDeMark and Paul Lienard. Stephen Berlinsky and Sharon Martin were absent. Also attending were Betty McMinamen, Code Enforcement OfFcer, Yvette Brown, City Attorney and Jane C. McAllister, Code Enforcement Clerk. The minutes from the Code Enforcement Board meeting of September 21, 2004 were approved as written. NEW BUSINESS CASE NO. 04-163 John & Cindy Zentmeyer 1050 Magnolia Street Clermont, FL 34711 • LOCATION OF VIOLATION :1050 Magnolia St, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 318-C, Chapter 10, Section 10- 29. Dangerous Animals. Animal Control Officer Donna Howard gave a handout to the Board that included Animal Control Work Orders involving the dogs in this case. She went on to explain to the Board that two dogs belonging to the Zentmeyers, Rusty and Daisy, have been seen running free in their neighborhood, and that one of the dogs, Rusty, was observed killing more than one cat and has been declared a dangerous animal by Animal Control. Animal Control Officer Donna Howard explained that the Zentmeyers do not want Rusty to be declared a dangerous animal and have asked for this hearing to state their case. Cindy Zentmeyer, 1050 Magnolia Street, Clermont, FL 34711 was sworn in and stated that because of the recent storms their electricity was out and their electric fence was not working. She indicated that this was the reason the dogs got out of the yard although she did testify that the dogs have gotten out when the front door was left open by one of their children. Mrs. Zentmeyer asked for the Board not to uphold Animal Controls declaration that Rusty is a dangerous animal, but instead allow her to erect a • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 19, 2004 6 foot high fence in addition to the electric fence, and to assure that the dogs will be walked on a leash and only by an adult. Peter Geigel asked if the dogs have ever shown any aggression to humans. Mrs. Zentmeyer said that they had not. Paul Lienard asked Animal Control Officer Donna Howard if Mrs. Zentmeyers proposal would be agreeable to her rather than declaring Rusty a dangerous animal. Donna Howard said the Zentmeyers proposal was not agreeable and that the dog is dangerous and should be designated and treated as such. Katherine Parcell, 994 Seminole Street, Clermont, FL 34711 was sworn in and stated that she had 4 cats in her yard, and that she noticed the Zentmeyers two dogs in her yard, chased them out and then found 2 of her cats were dead. Mrs. Parcell feels that both dogs should be declared dangerous animals. She further stated that on another occasion she observed the same two dogs running through her front yard chasing a cat. • Peter Gei_gel made a mofion upholding the decision of Animal Control to declare the dog "Rusty" a dangerous animal; seconded by A.D. VanDeMark. The vote was 4-1 for upholding Animal Control's declaration with Jim Purvis voting "nay". CASE NO. 04-156 Courtney Lewis Lot 8, E. Minneola Ave. Clermont, FL 34711 This case was not heard because the Respondent has not received notice. CASE NO. 04-160 Russell Allan Keller 3019 Calloway Drive Orlando, FL 32810 LOCATION OF VIOLATION: 327 Carroll St, Clermont, FL. 34711 • 2 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 19, 2004 VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76. Unsafe Building Due To Unfinished Renovations. Code Enforcement Officer Betty McMinamen presented photos taken October 18, 2004 showing that the violations still exist and asked that the Board find the Respondent in violation. She added that the Respondent has not applied for permits and that the property is in major disrepair. Russell Keller, 3019 Calloway Drive, Orlando, FL 32810 was sworn in and stated that he bought the property to rehab and sell it, but he has had some financial problems and hasn't been able to follow through on his plan. He asked the Board for additional time in order to sell the property. Jim Purvis made a motion to find the Respondent in violation of the cited City Code seconded by A.D. VanDeMark. The vote was unanimous for ~nding the Respondent in violation. Peter GeiQel made a motion to allow the Respondent until December 21 2004 to • comply or be fined at the rate of $30.00 per day until compliance is met' seconded by A.D. VanDeMark. The vote was unanimous in favor of the time limit and the amount of the tine. CASE NO. 04-162 Joseph W. & Carolyn S. Holmes 1310 5th Street Clermont, FL 34711 Code Enforcement Officer Betty McMinamen stated that this would no be heard as compliance has been met. OTHER BUSINESS CASE NO. 04-99 Manzella Builders & Remodeling, tnc 10530 Loghouse Road Clermont, FL 34711 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 19, 2004 LOCATION OF VIOLATIONS: 907 Scott Street, Clermont, FL. VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76(12). Unsafe Building Due To Lack of Maintenance. Code Enforcement Officer Betty McMinamen stated that the property has met compliance as of October 11, 2004. She stated that the fine has been accruing and that the lien on the property was for a total of $2,550.00. She recommended that the Board forgive the fine except for a percentage for administrative expenses. Lou Manzella, 10530 Loghouse Road, Clermont, FL 34711 was sworn in and asked the Board to forgive the fine. Paul Lienard made a motion to recommend that the fine be reduced to $200.00; seconded by Jim Purvis. The vote was unanimous in favor of the motion. CASE NO. 04-103 • Manzella Builders & Remodeling, Inc. 10530 Loghouse Road Clermont, FL 34711 LOCATION OF VIOLATION: 941 Scott Street. VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76(12). Unsafe Building Due To Fire and Deterioration. Code Enforcement Officer Betty McMinamen stated that this case was complied on September 21, 2004 when the structure was demolished and the debris hauled away. She recommended that this fine that has accrued to a total of $2,100.00 be forgiven. Lou Manzella asked the Board to forgive this fine since he has complied with City Code. Jim Purvis made a motion to recommend that the fine be foregiven• seconded by Joe Janusiak. The vote was unanimous in favor of the motion. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 19, 2004 OLD BUSINESS CASE NO. 04-142 Herbert Jackson, Sr. 4107 Kingsbridge Drive Orlando, FL 32839 Code Enforcement Office Betty McMinamen stated that the building is still unsafe and still in violation of City Code. She stated that Mr. Jackson says he has a buyer for the property and will ask for an extension of the lien start date so he has time to complete the sale. Ms. McMinamen also explained that the violation goes with the property no matter who owns it and that once the lien starts it continues until compliance is met. Herbert Jackson, Sr, 4107 Kingsbridge Dr. Orlando, FL 32839 said that he has a buyer for the property and asked for an extension of the lien start date. • Paul Lienard moved to extend the lien start date to December 21 2004 and to amend the fine to $15.00 per day after that date if compliance is not met; seconded by Peter Geigel. The vote was unanimous in favor of the time limit and the fine. CASE NO. 04-148 South Lake County Community Foundation, Inc. P.O. Box 121543 Clermont, FL 34712-1543 LOCATION OF VIOLATION: 912 West Avenue, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No.281-C, Chapter 106, Section 106-4(a)(b). Site Development Review and Permit Required. Code Enforcement Officer Betty McMinamen said that she received a letter from Steve Lee who is the President of the South Lake County Community Foundation, Inc and that Mr. Lee requested the letter be read into the record. In the letter Mr. Lee requests an extension of the lien start date in order to give his organization time to secure more bids for the work. C • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 19, 2004 Jim Purvis said that the Board should not grant an extension of time. City Attorney Yvette Brown informed the Board that if they did not wish to grant an extension there was no action to be taken by them and the lien would be filed and the fine would begin to accrue. The Board decided to take no action. The following cases were added to the agenda in the event the Respondents chose to appear and ask for more time. None of them were present and nothing was heard regarding these cases so the fines shall start accruing. CASE NO. 04-149 George F. Karst Jr. & Randall Lee Karst CASE NO. 04-150 Wayne A. Thomas CASE NO. 04-157 Peoples State Bank of Groveland. NON-AGENDA DISCUSSION Jim Purvis asked the City Attorney if she had looked into the question of having fines start immediately. Attorney Brown advised that she prefers to give at least one weeks time in order for her to complete the paperwork, however she did say that it was perfectly legal to have a fine start immediately. There being no further business, Attest: 7 ~/ Jan C. McAllister, ode Enforcement Clerk /` the meeting was adjourned. Paul Lienard, C irman • 6