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08-16-2005 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 16, 2005, at 7:00 p.m. Members attending were, Jim Purvis, A.D. VanDeMark, Terry Felder, James Davern, Bill Banzhaf, Joe Janusiak and Stephen Berlinsky. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, Jim Hitt, Planning Director, and Joy Thys, Code Enforcement Clerk. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of July 19, 2005 were approved as written. Chairman Stephen Berlinsky gave the floor to Code Enforcement Officer Betty McMinamen. NEW BUSINESS . CASE NO. 05-213 Rose Piscopo 1375 Lake Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1375 Lake Avenue. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 283-C, Chapter 58, Section 58- 116. Vehicle Upholstery & Detailing Without License. Code Enforcement Officer Betty McMinamen stated this case is complied and will not be heard. CASE NO. 05-214 Rose Piscopo 1375 Lake Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1375 Lake Avenue. Clermont, FL 34711 • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-349 (c) (d). Home Occupation As Accessory to Residence. Code Enforcement Officer Betty McMinamen stated this case is complied and will not be heard. CASE NO. 05-215 Gale T. Bell 690 Anderson St. Clermont, FL 34711 LOCATION OF VIOLATION: 690 Anderson Street. Clermont, FL 34711 • VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 118, Section 118-39 (a) (b).Traffic Visibility Triangle at Intersection. Code Enforcement Officer Betty McMinamen showed several pictures showing vegetation along Respondents property that was obstructing visibility and/or creating a traffic hazard. Ms. McMinamen asked the board to find the Respondent in violation. Gale Bell, 690 Anderson Street, Clermont, FL 34711, was sworn in and asked for an additional time of 60 days in order to bring her property into compliance. 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 findin_g the Respondent in violation. James Davern made a motion to allow the Respondent until September 20, 2005 to comply, or be fined at a rate of $2.00 per day; seconded by A. D. VanDeMark. The vote was unanimous in favor of the time period and the amount of the fine. • 2 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 CASE NO. 05-216 Gale T. Bell 690 Anderson St. Clermont, FL 34711 LOCATION OF VIOLATION: 690 Anderson Street. 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 showed several pictures of the outside accumulation on Respondents property that includes, but not limited to, concrete blocks, boards, pipes, large sections of lattice trim, etc., with extremely high grass and weeds. Code Enforcement Officer Betty McMinamen asked the board to find the Respondent in • violation. Gale Bell, 690 Anderson Street, Clermont, FL 34711, was sworn in and asked for an additional time of 60 days in order to bring her property into compliance. James Davern made a motion to find the Respondent in violation of the cited City Code; seconded by A. D. VanDeMark. The vote was unanimous for finding the Respondent in violation. Terry Felder made a motion to allow the Respondent until October 18, 2005 to comply, or be fined at a rate of $2.00 per day; seconded by A. D. VanDeMark. The vote was unanimous in favor of the time period and the amount of the fine. CASE NO. 05-219 Two Brothers and A Cousin, LLC. 811 E. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 811 E. Highway 50. Clermont, FL 34711 • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-223 (c).Uses to be Enclosed; Outside Storage. The Respondent was not present and no action was taken. OLD BUSINESS CASE NO. 05-173 Alan J. and Katherine R. Pool 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 122, Section 122-244 (a) (11). Restaurant Requires Conditional Use Permit in Central Business District. The Respondent was not present and no action was taken. CASE NO. 05-174 Alex Butchkosky On The Corner Seafood 801 W. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 801 W. Montrose Street. Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 86, Section 148. Failure to Fulfill Obligations of Conditional Use Permit Agreed to on October 29, 2003. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 Code Enforcement Officer Betty McMinamen stated the Respondent was still in violation of not fulfilling the obligations of the Conditional Use Permit that was signed by the Respondent in October, 2003, reminding the Code Enforcement Board they found the respondent in violation at the CEB hearing on February 15, 2005 with a motion to fine $10.00 per day if not complied by August 16, 2005. Sharon Martin, of 955 West Minnehaha, Clermont, FL was sworn in as a consultant to Alex Butchkosky. Ms. Martin stated that the obligations of the CUP have been hard to fulfill because of the engineering process taking so long for the swale. The fence is now in compliance and the permit for the dumpster had been applied for at the Lake County Building Department earlier in the week. Ms. Martin showed a letter from the City of Clermont dated April 22, 2005, giving her permission to proceed with the construction of the swale and retention area, which she understood gave her permission to proceed without a Building Permit. • Jim Hitt, Planning Director for the City of Clermont, was sworn in that stated that he had spoken to Ms. Martin and explained to her that even though dumpsters are approved during normal site review, a Building Permit would still have to be obtained. Alex Butchkosky, 801 West Montrose Street, Clermont, FL 34711, was sworn in and stated that when he signed the signed the CUP, it was his understanding that Mr. Pool, the owner of the property, would pay for all expenses in order to comply with the CUP. Terry Felder made a motion to allow the Respondent until October 18, 2005 to comply with the CUP; seconded by Joe Janusiak. The vote was 6-1 with A. D. VanDeMark opposed. CASE NO. 05-201 Louvenia Benjamin 579 E. Broome Street Clermont, FL 34711 LOCATION OF VIOLATION: 579 E. Broome Street. Clermont, FL 34711 • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 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 this case is complied and will not be heard. CASE NO. 05-202 Louvenia Benjamin 579 E. Broome Street Clermont, FL 34711 LOCATION OF VIOLATION: 579 E. Broome Street. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34- 95. Unlawful Storage in Residential Areas. • The Respondent was not present and no action was taken. CASE NO. 05-204 Elin Satory Lot 7 & E '/2 Lot 9, Osceola Street Clermont, FL 34711 LOCATION OF VIOLATION: Lot 7 & E '/Z Lot 9, Osceola Street. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. The Respondent was not present and no action was taken. CASE NO. 05-205 Evelio DeHoyos & Elin Satory 765 Osceola Street Clermont, FL 34711 • 6 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 LOCATION OF VIOLATION: 765 Osceola Street. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. The Respondent was not present and no action was taken. CASE NO. 05-206 Evelio DeHoyos & Elin Satory 5 Lots, Minneola Avenue at 7t" Street Clermont, FL 34711 LOCATION OF VIOLATION: 5 Lots, Minneola Avenue at 7t" Street. Clermont, FL 34711 . VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. The Respondent was not present and no action was taken. CASE NO. 05-207 Evelio DeHoyos & Elin Satory 3 Lots, Osceola Street at 7t" Street Clermont, FL 34711 LOCATION OF VIOLATION: 3 Lots, Osceola Street. Avenue at 7t" Street. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. The Respondent was not present and no action was taken. • ~ • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 CASE NO. 05-208 Evelio DeHoyos & Elin Satory 553 Carrot Street Clermont, FL 34711 LOCATION OF VIOLATION: 553 Carroll Street. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. The Respondent was not present and no action was taken. OTHER BUSINESS CASE NO. 04-154 Daisy Clark 561 Minneola Avenue Clermont, FL 34711 Code Enforcement Officer Betty McMinamen asked for foreclosure on the Lien for this case. The amount of the lien is $276.00. On June 21 of 2005, the daughter of Daisy Clark, Lucille Deramus, appeared before the board and asked for forgiveness on this lien and the Board took no action. The lien has accrued on 561 Minneola Avenue, but when a lien is filed on one property, the lien automatically attaches to all the properties in the same ownership. Code Enforcement Officer Betty McMinamen requested the lien be attached to the most problematic property currently owned by this family which is 388 Chestnut Street. Lucille Deramus, 549 E. Broome Street, daughter of the deceased Daisy Clark, was sworn in and stated that she had no money and needed more time to pay the lien. James Davern made a motion for foreclosure; seconded by Joe Janusiak. The vote was 6-7 with Jim Purvis opposed. n U CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 16, 2005 Jim Purvis asked the Respondent to stay in the room the motion was then made to adiourn. Yvette Brown, City Attorney reminded the board of the Sunshine Law Jim Purvis then stated that he did not want to embarrass the Respondent but that he intends to Aay the lien on her behalf. There being no further business, the meeting was adjourned. LJ Attest: Code Enf~i'c'ement Clerk • 9 phe erlinsky, Chairman