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09-20-2005 Regular Meeting. CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 20, 2005 The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 20, 2005, at 7:00 p.m. Members attending were Stephen Berlinsky, A. D. VanDeMark, Terry Felder, Bill Banzhaf and Joe Janusiak. Also attending were Betty McMinamen, Code Enforcement Officer, Jim Hitt, Planning Director, Yvette Brown, City Attorney, and Joy Thys, Code Enforcement Clerk. Jim Purvis and James Davern were absent. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of August 16, 2005 were amended to indicate correction of adjournment. Chairman Stephen Berlinsky gave the floor to Code Enforcement Officer Betty McMinamen. • NEW BUSINESS CASE NO. 05-216 Two Brothers and A Cousin, LLC. 15006 Southfork Drive Tampa, FL 33624 LOCATION OF VIOLATION: 811 E. Highway 50, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-223 (c). Uses to be Enclosed; Outside Storage Code Enforcement Officer Betty McMinamen presented several pictures taken in May showing the property had at least seven coolers including, but not limited to, display racks, snack and chip vending machines, and an ice cream cooler that was in violation of city code. Pictures were taken again on August 16 for the code enforcement meeting in which the case was not heard due to lack of service, and some coolers still remained. The property was posted on August 18 with a Notice of Hearing since there was no service on this case and notices were also posted at City Hall entrances. As of September 19, three machines still remained as shown in current pictures. Ms. McMinamen asked for a guilty verdict. • Richard Ogla of 811 E. Highway 50 was sworn in and stated for the record that he had recently purchased the gas station and that the gas station had been there for quite a while and had been several other names before he purchased the property. The respondent feels he is being singled out since the previous owners had outside storage and that other businesses in the City of Clermont have outside vending machines. Code Enforcement Officer Betty McMinamen stated there are courtesy notices posted all over town, but the board was only here to hear this case. The Respondent said that he has already made arrangements to have the Coke and Pepsi machines picked-up. Bill Bahzhaf moved to end the Respondent in violation of the cited City Code; seconded by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation. Jim Hitt, Planning Director, said that he had spoken to the Respondent and he is aware that the machines are scheduled to be picked up. A. D. VanDeMark moved to allow the Respondent until November 15, 2005 to comply, or be fined $25.00 per day thereafter, seconded by TerN Felder. The vote was 3-2 in favor of the motion with Bill Banzhaf and Stephen Berlinsky opposed. CASE NO. 05-221 Paul Scott 11113 Preston Cove Clermont, FL 34711 LOCATION OF VIOLATION: 746 E. Broome Street Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-344 (a). Building Permit Required. Code Enforcement Officer Betty McMinamen stated there was a case on this property that started in November 2004 with the previous owners for an unsafe structure. A routine inspection found a new roof being placed on this house and the front porch removed. There was a stop work order placed on the property since there was no permit for the work being done and further research found a new owner. On June 28, a 30 day notice was sent to the new owner, Paul Scott, stating that a permit must be obtained in order for him to continue his work. The respondent did obtain a re-roof 2 r permit on July 15, 2005 and did receive one inspection on July 20, 2005, but no activity has occurred on the permit since then. The Respondent received a second stop work order for plumbing, electrical and structural work occurring without a permit on August 24, 2005, after receiving his notice for this Code Enforcement hearing. The Utility Billing Department has been notified not to turn the water on at this residence until the plumbing has been inspected. Code Enforcement Betty McMinnamen stated she does have signed service from the Respondent. The Respondent was issued a letter and citation on September 20th from Lake County Building Licensing Inspector, Tony Lopresto, stating the Respondent was contracting without a valid contractor's license and the fine for that is $250.00 payable in 10 days. A. D. VanDeMark made a motion to find the Respondent in violation of the cited City Code; seconded by Joe Janusiak. The vote was unanimous for finding the Respondent in violation. A. D. VanDeMark made a motion to allow the Respondent until October 78 2005 to obtain a permit or be charged at a rate of $50.00 per day seconded by Terry Felder. The vote was unanimous in favor of the time and the amount of the fine. CASE NO. 05-223 Mattie Lee Forehand c/o: Ray Childs P. O. Box 4643 Plant City, FL 33563 LOCATION OF VIOLATION: 460 Chestnut Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76 (12). Unsafe Building Due to Fire & Deterioration. Code Enforcement Officer Betty McMinamen stated there is no service on this case and it will not be heard. CASE NO. 05-224 Daniel Radice, Jr. 9610 Saragossa Street Clermont, FL 34711 • LOCATION OF VIOLATION: Lots 10, 11, 17, 18, 19, 23. Orange Ave to Oak St. 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 this case complied and will not be heard. CASE NO. 05-225 ATRB, Inc. 192 Orange Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 156 Orange Avenue, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No.36-C, Chapter 34, Section 34-95 Unlawful Storage in Residential Areas Code Enforcement Officer Betty McMinamen presented several pictures showing that • the property in question has four (4) vehicles in the rear yard, all of which seems to be in some form of disrepair and without tags and sitting in high grass. There is service on this case. A. D. VanDeMark made a motion to find the Respondent in violation of the cited City Code; seconded by Joe Janusiak. The vote was unanimous for finding the Respondent in violation. Terry Felder made a motion to allow the Respondent until October 78. 2005 to comply or be charged at a rate of $10.00 per day; seconded by A. D. VanDeMark. The vote was unanimous in favor of the time and the amount of the fine. OLD BUSINESS CASE N0.04-156 Amy Jo Gomes & Renee D. Phares 477 Carroll Street Clermont, FL 34711 LOCATION OF VIOLATION: 477 Carroll Street, Clermont, FL 34711 • 4 • VIOLATION: City of Clermont Code of Ordinances No. 299-C, Chapter 122, Section 122-181 thru 184. Office Requires Conditional Use Permit in R-3 District. Code Enforcement Officer Betty McMinamen presented the case asking for forgiveness of the fine in the amount of $2,190.00, which ran from December 2004 to July 2005. The Respondents purchased the property and intended to open a business. The zoning did not allow a business to open there and zoning could not be changed. In August 2004, the Code Enforcement Board ordered the Respondents to comply by moving their business or be fined at a rate of $10.00 per day. In March 2005, the Respondents sold the property on Carroll Street and on July 28, 2005, completely relocated their business to the City of Minneola. Since the property has been sold and there is no property to file the lien on, Code Enforcement Officer Betty McMinamen asked for forgiveness. Bill Banzhaf moved to forgive the tine of $2 990.00 seconded by Terry Felder. The vote was unanimous for the forgiveness of the fine. CASE N0.05-195 Jeffrey H. and Chelsea M. Nevius 14518 Pine Cone Trail Clermont, FL 34711 • LOCATION OF VIOLATION: 694 Grand Highway. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-349 (a} (d}. Home Occupation as Accessory to Residence. Code Enforcement Officer Betty McMinamen stated that case complied and will not be heard. CASE N0.05-215 Gale T. Bell 690 Anderson Street 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. Traffic Visibility Triangle at Intersection. Code Enforcement Officer Betty McMinamen stated that case complied and will not be heard. • , • OTHER BUSINESS CASE NO. 03-79-A Thomas & Catherine S. Smail, Jr. 741 W. Osceola Street Clermont, FL 34711 LOCATION OF VIOLATION: 707 E. Minnehaha Avenue, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76 (3).Minimum Housing Standards Ch. 3, Sec. 301-307.6. Code Enforcement Officer Betty McMinamen stated there is a case of Minimum Housing Standards at 707 E. Minnehaha Avenue. The fine started in April 2004 and has been running since. This owner has multiple pieces of property under his name and therefore, other pieces of property could not be sold with liens attached to them. For that reason, they were allowed to pay off the liens, which they did pay in full through August 23, 2005. This case has not complied and new orders must be signed. The new order will read an amount of $28.57 per day starting from August 24, 2005. Code Enforcement Officer Betty McMinamen is asking for the Chairman to sign a new order converting the fines back into a lien to be filed. • A. D. VanDeMark made a motion to allow the Chairman to sign a new order,• seconded by Joe Janusiak. The vote was unanimous. CASE NO. 03-80-A Thomas & Catherine S. Smail, Jr. 741 W. Osceola Street Clermont, FL 34711 LOCATION OF VIOLATION: 707 E. Minnehaha Avenue, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-344 (a). Building Permit Required. Code Enforcement Officer Betty McMinamen stated there is a case requiring a Building Permit at 707 E. Minnehaha Avenue. The fine started in November 2003 and has been running since then. This owner has multiple pieces of property under his name and therefore, other pieces of property could not be sold with liens attached to them. For that reason, they were allowed to pay off the liens, which they did pay in full through • August 23, 2005. This case has not complied and new orders must be signed. The new 6 • order will read an amount of $14.29 per day starting from August 24, 2005. Code Enforcement Officer Betty McMinamen is asking for the Chairman to sign a new order converting the fines back into a lien to be filed. A. D. VanDeMark made a motion to allow the Chairman to sign a new motion; seconded by Joe Janusiak. The vote was unanimous. There being no further business, the meeting was adjourned. r'~ U • phen B insky, Chairman 7