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10-18-2005 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 18, 2005 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 18, 2005, at 7:00 p.m. Members attending were Stephen Berlinsky, A.D. VanDeMark, Terry Felder, Bill Banzhaf, Jim Purvis, James Davern and Joe Janusiak. Also attending were Betty McMinamen, Code Enforcement Officer, Wayne Saunders, City Manager, Yvette Brown, City Attorney, and Jane McAllister, Code Enforcement Clerk. The Pledge of Allegiance was recited. Chairman Stephen Berlinsky gave the floor to City Manager, Wayne Saunders. Mr. Saunders announced the City Council was considering making changes to the Code Enforcement Board which would include changing from a Code Enforcement Board to a Special Master. Mr. Saunders stated that several surrounding cities have begun using a Special Master and Clermont would possibly make the change in January 2006, when some of the board members terms expired. Mr. Saunders stated there will be a workshop held and the Code Enforcement Board members were welcomed to speak to the City Council members regarding any concerns. The minutes from the Code Enforcement Board meeting of September 20, 2005 were approved as written. Jim Purvis suggested the cases be heard out of order to accommodate the people that were present at the start of the meeting. Chairman Stephen Berlinsky agreed. Chairman Stephen Berlinsky gave the floor to Code Enforcement Officer Betty McMinamen. NEW BUSINESS 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 presented the case stating there was a fire at this location in April of 2003. The police have been called to this location several times because of trespassers. Due to no service, the property has been posted on the site and at City Hall for the past month. Because of unsafe abatement, this property needs to be demolished. Ms. McMinamen asked that the Respondent be found in violation. Daryl Forehand of 1012 Disston Avenue, Clermont, FL 34711, was sworn in and stated for the record that this was his Grandmother's home and she is deceased. Her will was never probated, but he has a contract to purchase the home. He would like an extension of 90 days in order to take care of the property. Jim Purvis asked what the time frame on the contract of the house is the Respondent said it was 60 days. Bill Bahzhaf moved to find fhe Respondent in violation of the cited City Code; seconded by Joe Janusiak The vote was unanimous in favor of finding the Respondent in violation. • Bill Banzhaf moved to allow the Respondent until January 17, 2006 to comply, or be fined $25 00 per day thereafter seconded by Joe Janusiak. The vole was 6-1 in favor of the motion with Jim Purvis opposed. OLD BUSINESS GASE NO. 05-174 Alex Butchkosky On the Corner Seafood 801 W. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 801 W. Montrose, 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 Agreed to on October 29, 2003. Code Enforcement Officer Betty McMinamen stated the case has already been heard and there is a fine due to start at midnight for $10.00 a day. The conditions of the CUP have not been executed. • 2 • Mr. Butchkosky, of 801 West Montrose Street, Clermont, FL 34711, was sworn in and stated he is currently trying to fulfill the conditions of the CUP and bring this location into compliance. Jim Purvis made a motion to give the Respondent an extension of 90 days in .order to comply with the conditions of the CUP' seconded by Joe Janusiak. The vote was unanimous for the extension. NEW BUSINESS CASE N0.05-227 W. H. Barnes, Inc. 12224 Fireman Canal Drive Clermont, FL 34711 LOCATION OF VIOLATION: 833 West Highway 50, 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 there is no service on this case and it will not be heard. CASE N0.05-228 W. H. Barnes, Inc. 12224 Fireman Canal Drive Clermont, FL 34711 LOCATION OF VIOLATION: Lot 8, Block 89 Chestnut 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 stated there is no service on this case and it will not be heard. • CASE N0.05-229 W. H. Barnes, Inc. 12224 Fireman Canal Drive Clermont, FL 34711 LOCATION OF VIOLATION: Lot 8, Block 89 Chestnut Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No.281-C, Chapter 106, Section 106-10. Lack of Maintenance to Improvements. Code Enforcement Officer Betty McMinamen stated there is no service on this case and it will not be heard. CASE N0.05-234 Daisy Clark 769 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 769 E. Montrose Street. 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 presented the case stating a thirty day Violation Notice was sent to Daisy Clark on August 12, 2005. There are numerous exterior problems with the house and Code Enforcement Officer Betty McMinamen would like to find the Respondent in violation. 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 ~nding the Respondent in violation. Bill Banzhaf moved to erne the Respondent $15.00 per day starting November ?5. 2005; secanded by Joe Janusiak. The vote was unanimous for the time period and amount of the fine. CASE N0.05-235 Daisy Clark 769 E. Montrose Street Clermont, FL 34711 • • LOCATION OF VIOLATION: 769 E. Montrose 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 presented pictures taken on October 17, 2005 showing the property is still in violation with outside accumulation that includes, but is not limited to; broken furniture, children's toys, tires, broken cabinets, etc. A thirty day notice was sent to the Respondent on August 12, 2005, in which there was service. Code Enforcement Officer Betty McMinamen would like the Respondent found in violation. Jim Purvis moved to find the Respondent in violation of the cited City Code; seconded y Joe Janusiak The vote was unanimous in favor of finding the Respondent in violation. Jim Purvis moved to fine the Respondent $15 00 per day starting November 75 2005; seconded by Joe Janusiak The vote was unanimous for the time period and amount of fhe >rne. • CASE N0.05-236 Daisy Clark & Lucille DeRamus 769 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 388 Chestnut Street, 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 presented pictures from August 2005 showing some work has been performed on the outside of the property, but no work has been started on the interior of this duplex. During a recent inspection of the property, several items were found to be in violation which includes, but is not limited to; leaks under kitchen sink, ant infestation under kitchen sink, drop cord running between apartments and daylight showing between walls and the roof. Code Enforcement Officer Betty McMinamen presented the pictures to a Lake County Plans Examiner and was told that a minimum of Structural, Electrical, Plumbing and Roofing permits are required in order to restore this building to code. Jim Davem moved to find the Respondent in violation of the cited Citv Code; seconded by Jim Purvis The vote was unanimous in favor of finding the Respondent in violation. • 5 • Bill Banzhaf moved to fine the Respondent $25.00 per day starting November 15, 2005; seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. CASE N0.05-237 Daisy Clark & Lucille DeRamus 769 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 388 Chestnut 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 stated that a Violation Notice was sent to the Respondents on August 12, 2005 notifying them they were in violation at the above property due to outside accumulation, which includes, but is not limited to, broken pieces of wood, scattered cans, bottles, paper, c{othes, etc. There has been several items cleaned up on this property, but the property is not yet in compliance. Code Enforcement Officer Betty McMinamen asked that the Respondent be found in violation. Jim Purvis moved to find the Respondent in violation of the cifed City Code; seconded • by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation. Jim Purvis moved to fine the Respondent $25.00 per day starting November 15, 2005; seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. OLD BUSINESS CASE NO. 05-216 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. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Code Enforcement Office Betty McMinamen stated this case has complied and will not be heard. • 6 . 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. The Respondent was not present and no action was taken. 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. The Respondent was not present and no action was taken. There being no further business, the meeting was adjourned. phe erlinsky, Chairman