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.
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• 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.
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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.
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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
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• 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
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• 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.
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• 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
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