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.
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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
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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
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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
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• 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.
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• 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
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• 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.
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phen B insky, Chairman
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