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02-15-2005 Regular Meeting• CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 15, 2005 at 7:00 p.m. Members attending were Joe Janusiak, Terry Felder, Jim Purvis, A. D. VanDeMark, Stephen Berlinsky and Bill Banzhaf. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Rodriguez Brown, City Attorney and Leslie Schwartz, Code Enforcement Clerk. Call to Order. The Pledge of Allegiance was recited. Terry Felder and Bill Banzhaf were introduced as the new Code Enforcement Board Members. Election of Officers -Stephen Berlinsky was elected Chairman. Jim Purvis was elected Vice-Chairman. The minutes from the Code Enforcement Board meeting of January 18, 2005 were • approved as written. Chairman, Stephen Berlinsky gave the floor to Code Enforcement Officer Betty McMinamen. UNFINISHED BUSINESS CASE N0.05-173 Alan J. & Katherine R. Poo{ 1069 Lakeshore Drive Clermont, FL 34711 LOCATION OF VIOLATION: 801 West Montrose Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-244 (a) (11). Restaurant Requires Conditional Use Permit in CBD. Ms. McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Ms. McMinamen asked that Board to find Mr. Pool guilty but give him (6) six months to comply. Mr. Alan Pool was not present at the hearing. Attorney Jimmy Crawford, who actually represented Alex Butchkosky did state that the CUP had expired and that the not all of • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 the conditions of the CUP had been met. Mr. Berlinsky asked Mr. Crawford if he thought the conditions of the CUP could be made in (6) six months and he said he felt that was enough time. Jim Purvis made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. Bill Banzhaf made a motion to fine Respondent at the rate of $10.00 per day if there is no compliance by August 16, 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. CASE NO. 05-174 Alex Butchkosky 801 West Montrose Street Clermont, FL 34711 . LOCATION OF VIOLATION: 801 West Montrose Street, Clermont, FL. 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 86, Section 148- Failure to Fulfill Obligations of Conditional Use Permit. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Ms. McMinamen stated the CUP had become null and void. Mr. Crawford admitted that his client, Mr. Butchkosky, was not in compliance as of yet. The storm water retention swale has not happened yet nor the landscape buffer and the dumpster enclosure. Ms. McMinamen stated that the one thing that has been done is the new fence is up on Montrose Street. Ms. McMinamen asked the Board to find the Respondent guilty and give him (6) six months to bring the property into compliance. Mr. Crawford agreed that (6) six months would be enough time. A.D. VanDemark made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. Bill Banzhaf made a motion to fine the Respondent at the rate of $10 00 per day if there is not compliance by August 16, 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. 2 . CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 NEW BUSINESS CASE NO. 05-175 Alice J. Hinton, et al 13404 Debbie Lane Clermont, FL 34711 LOCATION OF VIOLATION: 746 E. Broome Street, Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76 (12). Unsafe Building Due to Lack of Maintenance. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Mr. James Johnson represented the Respondents. Ms. McMinamen asked the Board to find the Respondents guilty of the violation. Mr. Johnson agreed that the property is not in • compliance. Mr. Johnson also stated that they had the property for sale in December of 2004 but were unable to sell it then. Bill Banzhaf made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. Jim Purvis made a motion to fine the Respondent at the rate of $90.00 per day if there is not compliance by March 99 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. Bill Banzhaf amended the motion seconded by Term Felder to give the Respondents a date of April 99, 2005 to bring the property into compliance The vofe was unanimous in favor of the motion... CASE N0.05-17fi Alice J. Hinton, et al 13404 Debbie Lane Clermont, FL 34711 LOCATION OF VIOLATION: 746 E. Broome Street, Clermont, FL 34711. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Ms. McMinamen asked the Board to find the Respondents guilty of this violation. Mr. Johnson again represented the Respondents. Mr. Johnson agreed that the property is again not in compliance. Bill Banzhaf made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. Bill Banzhaf made a motion to one the Respondent at the rate of $25.00 per day if there is not compliance by March 75 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the one. CASE NO. 05-177 • Robert W, Tyer 655 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 655 Anderson Street, Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34- 95. Unlawful Storage in Residential Areas. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. There was no one to represent the Respondent. Ms. McMinamen stated that a lot has been done to bring the property into compliance but that there is still a lot of work to be done. When asked, Ms. McMinamen stated that this was Mr. Tyer's first offence. Jim Purvis made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. Jim Purvis of made a motion to fine the Respondent at the rate of $25.00 per day if there is not compliance by March 75 2005. Joe Janusiak seconded the motion. The_ vote was unanimous in favor of the time limit and the amount of fhe fine. • 4 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 CASE N0.05-181 Julius H. Thomas, Jr. 808 W. Gordon Street Valdosta, GA 31601 LOCATION OF VIOLATION: Lot 1, Blk. O Bloxam Avenue, Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Ms. McMinamen stated the properties on either side of Mr. Thomas's had been cleaned up making his property look even worse. Mr. Thomas drove from Georgia to attend this hearing and stated that he was financially unable at this time to bring the property into compliance at this time. A D VanDemark made a motion to find the Respondent in violation of the cited City Code. Bill Banzhaf seconded fhe motion. The vote was unanimous in favor of the • motion. Jim Purvis of made a motion to fine the Respondent at the rate of $25.00 per day if there is not compliance by March 75 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. CASE NO. 05-183 Roger J. Foerg 1949 Sunset Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1949 Sunset Lane, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Mr. Foerg was not here to • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 represent himself. Ms. McMinamen stated that the property has been cleaned up some but still needs more work to bring the property into compliance. Ms. McMinamen stated that in a recent conversation she had with Mr. Foerg, he requested 60 days to bring the property into compliance. Ms. McMinamen asked the Board to find the Respondent guilty. _Bi{I Banzhaf made a motion to find the Respondent in violation of the cited City Code. A D. VanDemark seconded the motion. The vote was unanimous in favor of the motion. Bill Banzhaf of made a motion to fine the Respondent at the rate of $25.00 per day if there is not compliance by March 15 2005. A.D. VanDemark seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. CASE NO 05-184 Wendell K. & Ruth E. Powell 1928 Sunset Lane • Clermont, FL 34711 LOCATION OF VIOLATION: 1928 Sunset Lane, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Ms. McMinamen stated that this case and Case No. 05-185 were intertwined. Ms. McMinamen stated that Mr. Powell has cleaned up the property a little but a lot more needs to be done. Ms. McMinamen stated the "Backyard Ministries" is bringing a dumpster to the property on Friday February 18, 2005 and a volunteer crew will be at his home on Saturday February 19, 2005. Mr. Powell was present and stated that due to health issues he is unable to clean up the property by himself, but that he is trying to bring the property into compliance. A.D. VanDemark made a motion to continue this hearing. Seconded by Joe Janusiak. Motion failed. Bill Banzhaf made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. • s CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 Bill Banzhaf of made a motion to fine the Respondent at the rate of $25.00 per day if there is not compliance by April 19 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. CASE NO. 05-185 Wendell K. & Ruth E. Powell 1928 Sunset Lane Clermont, FL 34711 LOCATION OF VIOLATION: 1928 Sunset Lane, Clermont, FL 34711 VIOLATION: Clermont City Code of Ordinances No. 36-C, Chapter 34, Section 34-95. Unlawful Storage in Residential Areas. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing that the violation against this property was still outstanding. Ms. McMinamen stated that this case and Case No. 05-184 were intertwined. Ms. McMinamen stated that Mr. • Powell has cleaned up the property a little but a lot more needs to be done. Ms. McMinamen stated the "Backyard Ministries" is bringing a dumpster to the property on Friday February 18, 2005 and a volunteer crew will be at his home on Saturday February 19, 2005. Mr. Powell was present and stated that due to health issues he is unable to clean up the property by himself, but that he is trying to bring the property into compliance. Bill Banzhaf made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion. Bill Banzhaf of made a motion to fine the Respondent at the rate of $25.00 per day if there is not compliance by May 17 2005. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the amount of the fine. OTHER BUSINESS: CASE NO. 05-155 Mae Leader Jackson 1205 Ryan Street Clermont, FL 34711 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD February 15, 2005 LOCATION OF VIOLATION: Lots 6 & 7, Minneola Avenue Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Ms McMinamen presented the Board with pictures taken on February 14, 2005 showing .that the violation against this property was still outstanding. Ms. McMinamen stated that a letter of due process went to the Respondent. Ms. McMinamen stated that Ms. Brodeus submitted a letter stating that the property would be in compliance by the date of this hearing. Andrea Brodeus represented the Respondent and is the daughter of the deceased Mae Leader Jackson. Ms. McMinamen stated that as the pictures show, the property has been cleaned up and all that needs to happen now is the pile of debris be removed. Ms. Brodeus stated that this property has become a "dumping ground" and that none of the items there actually belonged to her, Ms. Brodeus stated that she was promised that a driver would be by to remove it but did not show up. Ms. McMinamen stated that because the debris was still on the property, it was not in compliance. Ms. McMinamen stated that the City has (3) three months before a lien must be filed on the • property. It is possible that once the property is in compliance, Ms. Brodeus can ask the Board for forgiveness. No Motion to be made. There being no further business, the meeting was adjourned. Attest: h S hen rlinsky, Chairman ~~~~ ~~~ Les ie Schwartz, Code Enfo ement Clerk •