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11-15-2005 Regular Meetings • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 The regular meeting of the Code Enforcement Board was called to order on Tuesday, November 15, 2005, at 7:00 p.m. Members attending were Stephen Berlinsky, Terry Felder, Bill Banzhaf, Jim Purvis, James Davern and Joe Janusiak. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, and Joy Thys, Code Enforcement Clerk. A. D. VanDeMark was absent. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of October 18, 2005 were approved as written. Chairman Stephen Berlinsky announced there will be no Code Enforcement meeting for the month of December. Chairman Stephen Berlinsky gave the floor to Code Enforcement Officer Betty McMinamen. s NEW BUSINESS CASE NO. 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 presented several pictures showing lack of maintenance has caused huge holes and broken and missing pavement to the driveway that is on the Western half of this lot. William Barnes, of 516 Largo Vista Drive, Winter Garden, FL was sworn in and stated that he no longer uses this driveway and it is mostly used by customers of Ace Hardware, his neighboring business. He requested 60 days in order to rip up the driveway and plant grass. • 1 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 Jim Purvis suggested the Respondent may want to obtain an agreement with Ace Hardware for help in maintaining the driveway. The Respondent agreed and said that he would look into that. Jim Purvis moved to find 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. Terry Felder moved to allow the Respondent until February 21 2006 to comply, or be fined $25 00 per day thereafter seconded by Joe Janusiak. The vote was 5-1 in favor of the motion with Jim Purvis opposed. CASE NO. 05-238 Home Depot USA, Inc. • Prop Tax Dept. #6375 P. O. Box 105842 Atlanta, GA 30348 LOCATION OF VIOLATION: 1530 East Highway 50, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 86, Section 141. Failure to Fulfill Obligations of Conditional Use Permit Agreed to on March 26, 2002. Code Enforcement Officer Betty McMinamen stated she does have service on this case but no representative was present. The conditions of the Conditional Use Permit agreed to on March 26, 2002 by Home Depot USA, Inc., have not been complied with. Several pictures were displayed showing violations which included, but were not limited to, continued display of commodities for sale without an open air sales permit, using designated parking spaces as an unscreened loading and storage area of pallets and cardboard boxes, obstructing the required 8' pedestrian walkway with sales display and blocking the fire lane, etc. Code Enforcement Officer Betty McMinamen asked that the Respondent be found in violation. James Davern made a motion to find the Respondent in violation of the obligations of the Conditional Use Permit seconded by Jim Purvis. The vote was unanimous of finding the Respondent in violation. • 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 Jim Hitt, Planning Director for the City of Clermont, was sworn in and stated that Home Depot, USA has requested an amendment to their Conditional Use Permit that will be heard later in the month. Mr. Hitt stated that Home Depot, USA is fully aware of what has been occurring on their property for the last several months and has made no improvements to their property as of yet. Jim Purvis moved to allow the Respondent until November 30 2005 to comply, or be fined $250 00 per day thereafter seconded by Joe Janusiak. The vote was unanimous for the time period and amount of the fine. CASE NO. 05-239 Jimmie E. Jackson P. O. Box 3479 Leesburg, FL 34749 • LOCATION OF VIOLATION: Lot 11, Block 28, W. Hwy 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 NO. 05-240 Jimmie E. Jackson P. O. Box 3479 Leesburg, FL 34749 LOCATION OF VIOLATION: Lots 13 & 15, Block 28, W. Hwy. 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. • 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 CASE NO. 05-241 Barbara A. Causey (Sapp) P. O. Box 793 Minneola, FL 34755 LOCATION OF VIOLATION: 312 Crystal Lake Drive, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No.281-C, Chapter 122, Section 122-344 (a). Building Permit Required. Code Enforcement Office Betty McMinamen stated this case has complied and will not be heard. CASE NO. 05-242 Victor DeCambre 803 Orangebrook Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1211 Bloxam 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 this case has complied and will not be heard. CASE NO. 05-243 Victor DeCambre 803 Orangebrook Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1211 Bloxam Avenue, Clermont, FL 34711 • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 VIOLATION: City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34- 95. Unlawful Storage in Residential Areas. Code Enforcement Office Betty McMinamen stated this case has complied and will not be heard. CASE NO. 05-232 Miche Chicoye 1645 Penzance Road Clermont, FL 34711 LOCATION OF VIOLATION: 561 E. Minneola 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 this property was originally in the name of Daisy Clark and Lucille DeRamus. The property was sold after the hearing was announced, so by law, the Respondent was aware of the violations on the property. Code Enforcement Officer Betty McMinamen showed pictures indicating the property is still in violation. Violations include, but are not limited to, unsafe egress from the front door due to a height of over 30" with no railing, unevenly stacked and disconnected concrete blocks used as the stoop from the rear door, a hole in the west wall without a screen or barrier to prevent a child or animal from getting under the home, etc. Code Enforcement Officer Betty McMinamen asked the Respondent be found in violation. Miche Chicoye, of 1645 Penzance Road, was sworn in and stated he was in the process of cleaning up the property. The Respondent stated he is in the process of taking bids from different contractors to bring this property up to code. There is no one residing at this location at the present time. James Davern moved to find 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. Bill Banzhaf moved to fine the Respondent $10.OOper day starting February 21, 2006; seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 CASE NO. 05-233 Miche Chicoye 1645 Penzance Road Clermont, FL 34711 LOCATION OF VIOLATION: 561 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 showed pictures of this property indicating violations of unlawful maintenance of nuisances. The violations included, but were not limited to, the outside accumulation of an unsightly trash pile near the street with weeds that have grown over four (4) feet high, a metal fence pole with the concrete base still attached, etc. • Miche Chicoye, of 1645 Penzance Road, was sworn in stated he had cleaned up the front yard and thought he was in compliance. Code Enforcement Officer Betty McMinamen showed the pictures for a second time showing all of the above items were still present in the front yard and all items needed to be removed. James Davern moved to find 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. James Davern moved to fine the Respondent $10.00 per day starting December 20, 2005; seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. OLD BUSINESS CASE NO. 05-236 Daisy Clark & Lucille DeRamus 769 E. Montrose Street Clermont, FL 34711 LOCATION OF VIOLATION: 388 Chestnut Street, Clermont, FL 34711 • 6 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 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 the compliance date for this case is today, November 15, 2005. A thirty day notice was sent to the Respondent on August 12, 2005 for Minimum Housing and Nuisances and at this time, the Respondent has complied with the Nuisances. The Minimum Housing Standards are still in effect on this property. This case was heard before the board on October 18, 2005 and ordered in compliance by today, November 15, 2005, or a fine of $25.00 a day would be in effect starting at midnight. Code Enforcement Officer Betty McMinamen stated that on November 1, 2005, a walk thru was performed by Code Enforcement Officer Betty McMinamen, Assistant City Manager, Darren Gray, Planning and Zoning Director, Jim Hitt, Stephen Graham, Police Chief, Lucille DeRamus and Viandra Lowman. The punch list included a list of needed repairs for the property. Lake County officials informed the city it will take a minimum of structural, electrical, plumbing and roofing permits to bring this property into compliance. There is no one living on the property and the house is boarded up. • Viandra Lowman, daughter-in-law of Lucille DeRamus, 6004 N. King Street, Tampa, FL was sworn in that stated that she requested the walk through at the property and she had been working closely with Assistant City Manager Darren Gray in trying to resolve the issues at this location. She said it took it a total of five months in order to get the renters of this property evicted. Ms. Lowman said the tenants of this property would not allow them into the home, so they were unaware of the conditions of the inside of the home. Ms. Lowman requested an extension of 120 days in order to bring the property into compliance. The board took no action on this request. Chairman Stephen Berlinsky suggested she bring the property into compliance within 120 days and reappear before the board to ask forgiveness of the accrued fine. OTHER BUSINESS CASE NO. 05-204 • Elin Satory 1000 Old England Avenue Winter Park, FL 32789 LOCATION OF VIOLATION: Lot 7 & E '/2 of Lot 9 Osceola Street, Clermont, FL 34711 7 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 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 the Respondent's property was located in downtown Clermont. On May 5t", 2005 a thirty day notice was sent to the Respondent. Pictures were taken on July 18, 2005 showing that the violation still existed. The Respondent was found in violation on July 19, 2005 with a fine of $10.00 a day. The fine was set to start thirty days later on August 16, 2005. The case was complied on October 6t", 2005 with a fine incurred of $510.00. Richard Huff, P. O. Box 734, Coleman, FL was sworn in as a representative for Elin Satory and Evelio DeHoyos, who were unable to attend the meeting. Mr. Huff stated he has signed statements from the contractors that mowed the grass of this property indicating the dates that the property was mowed. Mr. Huff stated Mr. DeHoyos was unable to get his mowers to finish the job on time, so Mr. DeHoyos wrote a letter to Mr. Wayne Saunders, City Manager, asking for more time on order to comply. The letter • was not received by Mr. Saunders and Code Enforcement Officer Betty McMinamen was then asked by the Respondent for an extension of time, at which point Ms. McMinamen stated she was not allowed to grant an extension. Mr. Huff stated he would like forgiveness of the fine on behalf of Mr. DeHoyos. Jim Purvis asked Ms. McMinamen if this was the first time this property had been brought before the board and she said it was not. Ms. McMinamen stated she had several cases on this property since June of 2002. No action was taken by the board and Code Enforcement Officer Betty McMinamen stated she will file the lien on November 16, 2005 if payment was not received. CASE NOS. 05-205, 05-206, 05-207, 05-208 Evelio DeHoyos & Elin Satory 1000 Old England Avenue Winter Park, FL 32789 LOCATION OF VIOLATION: 765 Osceola Street, 5 lots, Minneola Ave. at 7t" Street, 3 Lots, Osceola St. at 7t" St. and 553 Carroll Street, Clermont, FL 34711 • 8 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 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 the Respondent's properties were located in downtown Clermont. On May 5t", 2005 a thirty day notice was sent to the Respondent. Pictures were taken on July 18, 2005 showing that the violations still existed. The Respondent was found in violation on July 19, 2005 with a fine of $10.00 a day. The fine was set to start thirty days later on August 16, 2005. The case was complied on October 6t", 2005 with a fine incurred of $2,000.00 on all of the properties. Richard Huff, P. O. Box 734, Coleman, FL was sworn in as a representative for Mr. Evelio DeHoyos, who was unable to attend the meeting. Mr. Huff stated he has signed statements from the contractors that mowed the grass of these properties indicating the dates the properties were mowed. Mr. Huff stated Mr. DeHoyos was unable to get his mowers to finish the jobs on time, so Mr. DeHoyos wrote a letter to Mr. Wayne Saunders, City Manager, asking for more time in order to comply. The letter was not received by Mr. Saunders and Code Enforcement Officer Betty McMinamen was then • asked by the Respondent for an extension of time, at which point Ms. McMinamen stated she was not allowed to grant extensions. Mr. Huff stated he would like forgiveness of the fines on behalf of Mr. DeHoyos. Jim Purvis asked Ms. McMinamen if this was the first time these properties had been brought before the board and she said it was not. Ms. McMinamen stated she had several cases on these properties since June of 2002. No action was taken by the board and Code Enforcement Officer Betty McMinamen stated she will file the lien on November 16, 2005 if payment was not received. 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. • 9 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD November 15, 2005 Code Enforcement Officer Betty McMinamen stated this property is now in compliance. The case ran for twenty seven days at with a fine of $10.00 a day. The accrued fine is $270.00. Ms. Margie Rowe, 192 Orange Avenue, was sworn in and said her property is now in compliance. She asked for forgiveness of the fine. Jim Purvis moved to forgive the fine of $270.00• seconded by Bill Banzhaf. The vote was unanimous in favor of the forgiveness of the fine. NON-AGENDA ITEM Chairman Stephen Berlinsky turned the meeting over to Code Enforcement Board Attorney, Yvette Brown with anon-agenda item. Ms. Brown stated she had received an email from Chairman Stephen Berlinsky that was also addressed to some of the other board members. The email was voicing concern over the fact the City of Clermont was considering adopting a Special Master format in lieu of the present Code Enforcement • Board. Ms. Brown advised that all emails between board members are public record. Ms. Brown stated that she should have been copied on all correspondence between the board members. She requested copies of all emails that have been sent between board members be forwarded to her. Ms. Brown continued to explain to the board the job duties of a Special Master and to let the board members know the City of Clermont is just exploring the idea of having a Special Master because of the rapid growth of the city. Ms. Brown assured the board there will be a Workshop for the board members to express their concerns and let their opinions be heard. There being no further business, the meeting was adjourned. Purvis, Vice-Chairman Attest: J ys, Cod nforcement Clerk • 10