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06-21-2005 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 21, 2005, at 7:00 p.m. Members attending were Stephen Berlinsky, Jim Purvis, A.D. VanDeMark, Terry Felder, James Davern and Bill Banzhaf. Joe Janusiak was absent. Also attending were Betty McMinamen, Code Enforcement Officer, Jim Hitt, Planning Director, Yvette Brown, City Attorney, Joy Thys, Code Enforcement Clerk, and Jane C. McAllister, Code Enforcement Clerk. The minutes from the Code Enforcement Board meeting of April 19, 2005 were approved as written. The minutes from the Code Enforcement Workshop meeting of April 19, 2005 were approved as written. Chairman Stephen Berlinsky gave the floor to Code Enforcement Officer Betty McMinamen. NEW BUSINESS • CASE NO. 05-195 Jeffrey H. and Chelsea M. Nevius 14512 Pine Cone Lane Clermont, FL 34711 LOCATION OF VIOLATION: 694 Grand Hwy. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-349 (a) (d). Home Occupations. Intent and Restrictions as Accessory to Residence. Code Enforcement Officer Betty McMinamen presented several pictures indicating that a business was being operated as a home occupation from a residence that was not occupied by the Respondent. Ms.McMinamen asked the board to find the Respondent in violation. Jeffrey Nevius, 14518 Pine Cone Lane, Clermont, FL 34711 was sworn in and stated that he would be happy to answer any questions and that he is in the process of moving his real estate business to another location. He asked for an extension of 120 days in order to accomplish that. L' • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 Bill Bahzhaf moved to find the Respondent in violation of the cited City Code• seconded by A. D. VanDeMark. The vote was unanimous in favor of finding the Respondent in violation. Bill Bahzhaf moved to allow the Respondent until December 20, 2005 to comply or to be fined at the rate of $10.00 per dav; there was no second to this motion. Jim Purvis objected to allowing the Respondent six months to comply. Terry Felder agreed with Mr. Purvis and stated that ignorance of the law is no excuse. Jim Purvis moved to start the fine on June 22, 2005; (here was no second to this motion. Terry Felder moved to allow the Respondent until September 20, 2005 to comply seconded by Bill Banzhaf. The vote was 4-2 in favor of the motion with Jim Purvis and A. D. VanDeMark opposed. . A. D. VanDeMark moved to fine the Respondent $10.00 per dav starting September 21 2005 if not in compliance; seconded by James Davern. The vote was 4-2 with Terry Felder and Jim Purvis opposed. CASE NO. 05-197 Marie Fields Heirs c/o Felicia Bailey 1029 Lake Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1029 Lake Avenue Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Code Enforcement Officer Betty McMinamen stated she has service on this case and that the Respondent was not present. Ms. McMinamen asked that the respondent be found in violation and given 30 to 90 days to comply. 2 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 A. D. VanDeMark made a motion to find the Respondent in violation of the cited City Code: seconded by Jim Purvis. The vote was unanimous for finding the Respondent in violation. A. D. VanDeMark made a motion to allow the Respondent until July 78 2005 to comply seconded by Jim Purvis. Jim Purvis made a motion that the respondent be fined at the rate of $25 00 per day seconded by A. D. VanDeMark. Stephen Berlinsky stated fine was too high compared to the commercial fine just issued. The vote was 5-7 with Stephen Berlinsky opposed. CASE NO. 05-198 • Charles Kirk and Shannon Clark Roncone 1716 Presidio Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1716 Presidio Drive. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 106, Section 106-10. Property Maintenance per Approved Site Plan. Code Enforcement Officer Betty McMinamen read the violation and showed pictures of the swimming pool without a screen enclosure and then a new chain link fence around the pool for temporary safety. Charles Kirk Roncone, 1716 Presidio Drive, Clermont, FL 34711 was sworn in and stated that his screen pool enclosure was blown down during hurricane season. He also said that he was not allowed to clean the pool until his insurance company came to inspect the damage. He is still having problems with the insurance company settling his claim, but he temporarily erected a chain link fence around his pool for safety. He has recently signed a contract with White Aluminum to rebuild his enclosure, but they are running 3 to 4 months behind due to their workload. He asked for more time to reach compliance. 3 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 Jim Purvis made a motion to find the Respondent in violation of the cited City Code; seconded by Bill Banzhaf. The vote was unanimous for finding the Respondent in violation. Jim Purvis made a motion to allow the Respondent until October 78. 2005 to comply or be fined at the rate of $2.00 per day until compliance is met; seconded by A. D. VanDeMark. The vote was unanimous in favor of the time and the amount of the fine. CASE NO. 05-199 Kevin and Donna Andrews 952- Drexel Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 952 Drexel Avenue. Clermont, FL 34711 • VIOLATION: City of Clermont Code of Ordinances No. 338-C, Chapter 118, Section 118-35, 36 and 41. Missing, Dying or Dead Preferred Canopy Tree(s). Code Enforcement Officer Betty McMinamen read the violation and showed several pictures of three trees that were dying or had been blown over. Kevin Andrews, 952 Drexel Avenue, Clermont, FL 34711, was sworn in and stated that his trees were damaged in the last hurricane season. Mr. Andrews asked for 90 to comply. A. D. VanDeMark made a motion to find the Respondent in violation of the cited City .Code; seconded by Jim Purvis. The vote was 5-1 with Stephen Berlinsky opposed Jim Purvis made a motion to allow the Respondent until December 20 2005 to comply or be fined at the rate of $2.00 per day; seconded by Terry Felder. The vote was unanimous in favor of the time period and the amount of the fine. • 4 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 OTHER BUSINESS CASE NO. 04-155 Mae Leader Jackson 1205 Ryan Street Clermont, FL 34711 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. Code Enforcement Officer Betty McMinamen presented several pictures showing that the lot has been cleaned. • Audrea Brodus, 265 Osceola Avenue, Clermont, FL 34711 was sworn in and stated that she plans to keep the lot cleaned on a regular basis. She asked that the fine be forgiven. Jim Purvis moved to recommend forgiveness• seconded by A. D. VanDeMark. The vote was unanimous in favor of the motion. CASE NO. 04-156 Courtney R. Lewis 5202 Lazy Oaks Drive Winter Park, FL 32792 LOCATION OF VIOLATION: Lot 8, E. Minneola Avenue. Clermont, FL 34711 VIOLATION : City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Code Enforcement Officer Betty McMinamen presented the case stating that the lot came into compliance on May 16, 2005. Courtney Lewis, 5202 Lazy Oaks Drive, Winter Park, FL 32792, was sworn in and • asked for forgiveness of lien. 5 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 Jim Purvis moved to deny the request of forgiveness. There was no second on the motion. James Davern moved to reduce the fine to $2.00 a day for the 146 days for a total of $292 00• seconded by Jim Purvis. The vote was 5-1 in favor of reducin_g the fine with A. D. VanDeMark casting the opposing vote. Jim Purvis moved for fine to be paid by August 16, 2005 or revert back to the original amount. • seconded by A. D. VanDeMark. The vote was unanimous in favor of the time limit. CASE NO. 04-153 Daisy Clark • 769 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 769 Montrose Avenue. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Code Enforcement Office Betty McMinamen presented several pictures showing the property is not in compliance. The lien amount on the property is $438.00 Lucille Deramus, daughter of the deceased Daisy Clark, 549 East Broome St. Clermont, FI 34711, was sworn in and asked the board to recommend forgiveness for the lien. Jim Purvis made a motion to recommend forgiveness of the lien; seconded by Bill Banzhaf. The vote was unanimous in favor of the Recommendation. • 6 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 21, 2005 UNFINISHED BUSINESS CASE NO. 04-154 Daisy Clark 769 E, Montrose St. Clermont, FL 34711 LOCATION OF VIOLATION: 561 Minneola Avenue Clermont, FL 34711 VIOLATION : City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Code Enforcement Office Betty McMinamen stated that this is a rental property and that a lien was filed on this property on February 22, 2005. The property came into compliance on March 23, 2005. The amount of the lien is $276.00. • Lucille Deramus, who was previously sworn in, 549 East Broome Street, asked for recommendation to the City Council that this lien be forgiven. Jim Purvis moved to recommend forgiveness of the lien. There was no second on the motion. There was no further action on this request. There being no further business, the meeting was adjourned. Stephe Berlinsky, Chairman Attest: • J~~, Code Enf~cement Clerk 7