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02-21-2006 Regular Meeting• MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 The regular meeting of the Code Enforcement Board was called to order on Tuesday, February 21, 2006, at 7:00 p.m. Members attending were Jim Purvis, A.D. VanDeMark, Terry Felder, Les Booker, and James Davern. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, Jim Hitt, Planning and Zoning Director and Joy Thys, Code Enforcement Clerk. Joe Janusiak was absent. Call to Order. The Pledge of Allegiance was recited. L.V. Booker was introduced as the new Code Enforcement Board Member. Election of Officers -James Purvis was elected Chairman. A. D. VanDeMark was elected Vice-Chairman. Code Enforcement Officer Betty McMinamen was sworn in. The minutes from the Code Enforcement Board meeting of January 17, 2006 were approved as written. Chairman Jim Purvis gave the floor to Code Enforcement Officer Betty McMinamen. UNFINISHED BUSINESS CASE NO. 05-246 Darlene L. Dunnigan & Christina P. Dunnigan 679 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 679 Anderson Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 86-C, Chapter 38, Section 38-4. Unlawful Parking of Recreational Vehicle. Code Enforcement Office Betty McMinnamen stated Mr. Dunnigan brought in his survey as requested. Ms. McMinnamen said that she and another city employee had measured the Respondent's property and the travel trailer is in front of the house setback by • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 approximately 19 feet. Ms. McMinnamen showed pictures dated February 20, 2006 and the travel trailer is still in the setbacks of the yard. Code Enforcement Officer Betty McMinamen stated compliance will be when this trailer is moved from the property, stored within an enclosed building, or placed within the rear yard behind the house or one of the side yards behind the front setback. Ms. McMinnamen asked the Respondent be found in violation. Mr. Charles Dunnigan of 679 Anderson Street, Clermont, FL was sworn in and asked the Code Enforcement Board that his case be dismissed since Code Enforcement Officer Betty McMinamen was not sworn and therefore was not under oath during her testimony before the Code Enforcement Board meeting on January 17, 2006. Yvette Brown, Council to the Code Enforcement Board, told Mr. Dunnigan that there was a whole new hearing today and Ms. McMinnamen had been sworn in as of now. Ms. Brown asked Mr. Dunnigan if he was the owner of the property and if his name appeared on the Property Appraisal Record Card. Mr. Dunnigan stated that he was owner of the property. Code Enforcement Officer Betty McMinamen addressed the • board and stated she had recently found that a quit claim deed had been signed on April 4, 2005 but was not recorded until December 13, 2005; two months after the original Code Enforcement Violation Notice had been sent out. Therefore, the case was sent to Darlene L. and Christian P. Dunnigan, which were the names on the Property Record Card at that time. Mr. Dunnigan disputed the code regarding recreation vehicles saying the ordinance says "...where such recreational vehicle is kept entirely within a closed building and not used for living or sleeping purposes..." Mr. Dunnigan stated Ms. McMinnamen was told his trailer was being used as sleeping quarters and Mr. Dunnigan claimed his trailer is not being used as such. Board member Terry Felder stated she had the same problem with her travel trailer being in the setback of her property and she had to move it per City of Clermont Code. Code Enforcement Officer Betty McMinamen said the ordinance states that a travel trailer has to be stored behind building setbacks or stored entirely in an enclosed building and not used for living or sleeping purposes. • 2 MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 A. D. VanDeMark moved to find the Respondent in violation of the cited City Code; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation. A. D. VanDeMark moved to allow the Respondent until March 29, 2006 to comply, or be fined $10.00 per day thereafter, seconded by Les Booker. The vote was unanimous for the time period and amount of the fine. OLD BUSINESS CASE NO. 05-247 Darlene L. Dunnigan & Christina P. Dunnigan 679 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 679 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 Officer Betty McMinamen presented pictures taken on February 20, 2006 showing the property is still in violation with outside accumulation that includes, but is not limited to; the property being overgrown with tall grass and weeds in certain areas, in addition to being littered with concrete blocks, boards, and three or more empty 5-gallon buckets, all in plain view of the street. Code Enforcement Officer Betty McMinamen would like the Respondent found in violation. Mr. Charles Dunnigan of 679 Anderson Street, Clermont, FL was sworn in and stated that on the grounds that Code Enforcement Officer Betty McMinamen had failed to be sworn in at the Code Enforcement Board hearing on January 17, 2006, he would like his case dismissed Code Enforcement Chairman, Jim Purvis, stated that we will re-hear Mr. Dunnigan's next two cases like they were new cases. Code Enforcement Officer Betty McMinamen then restated the violation on this case and again asked that the Respondent be found in violation and the Respondent be given another 30 days to comply. • 3 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 Mr. Dunnigan stated that he has moved the outside accumulation of the above mentioned items. Code Enforcement Officer Betty McMinamen showed pictures that were taken yesterday (February 20, 2006), and the items were still in the same location. Mr. Dunnigan stated that he had moved the items after Ms. McMinnamen took the pictures most recent pictures. Code Enforcement Council, Yvette Brown, stated that since the Respondent claims the items have been moved, Ms. McMinnamen needs to take current pictures showing the property is in compliance. An Affidavit of Compliance will then need to be issued and at that point there will be no fine running. A. D. VanDeMark moved to find the Respondent in violation of the cited City Code; seconded by James Davern. The vote was unanimous in favor of finding the Respondent in violation. A. D. VanDeMark moved to fine the Respondent $10.00 per day starting March 21, 2006; seconded by James Davern. The vote was unanimous for the time period and amount of the fine. CASE NO. 05-248 Darlene L. Dunnigan & Christina P. Dunnigan 679 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 679 Anderson Street, 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 showed a picture of Mr. Dunnigan's van parked on the his property. The brown van appears to be full of assorted items. There is no license tag on the van and it is stored in plain view of the street. Ms. McMinamen explained why the vehicle was considered inoperable. Because this case was being re- heard Ms. McMinnamen asked the Respondent again be found in violation and given another 30 days in order to comply. • 4 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 Chairman Purvis asked Ms. McMinnamen if this van would be in violation if it was located in another spot on the property. Ms. McMinnamen stated the vehicle would have to be in an enclosure or not in plain view of the street. Mr. Dunnigan stated he feels he needs no tag for his van since he is in the process of restoring the van and has no intention of taking it on the road anytime soon. Chairman Purvis told the Respondent that if his vehicle could not go on the open road, he is still currently not in compliance with the city ordinance. Code Member Terry Felder asked the Respondent why he had not registered the vehicle like he said he would during the January Code Enforcement Board meeting. The Respondent said in his opinion, the van was operational. Board Member Booker stated that the Respondent was looking for reasons not to comply rather than proceeding with compliance. A. D. VanDeMark moved to find the Respondent in violation of the cited City Code; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in • violation. A. D. VanDeMark moved to fine the Respondent $10.00 per day starting March 21, 2006 seconded by James Davern. The vote was unanimous for the time period and the amount of the fine. NEW BUSINESS CASE NO. 06-255 Stephen J. Conti 2666 Hartwood Pines Way Clermont, FL 34711 LOCATION OF VIOLATION: 2666 Hartwood Pines Way, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 222-C, Chapter 54, Section 54- 1. Planting Tress on City Right-of-Way. Code Enforcement Officer Betty McMinnamen stated this case had complied and will not be heard. • 5 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 CASE NO. 06-256 Amy Lee Jones 228 & 238 Chestnut Street Clermont, FL 34711 LOCATION OF VIOLATION: 228 & 238 Chestnut Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76 (3). Minimum Housing Standards. Code Enforcement Officer Betty McMinamen showed pictures of the Respondent's property showing both the interior and exterior of her two duplexes. The violations included, but were not limited to: unsafe egress from the rear of the Western apartment, all four units have windows that were broken or missing panes that also did not fill the openings in the wall, missing screens or screens that are not secure because of holes • or missing frames, the exterior doors do not fit the jamb. The West apartment of "228" has a broken hot water heater, "238" in the West apartment has a broken hot water faucet that cannot be shut off with holes in the bathroom wall that appear to go through to the East apartment of this duplex. There are also exposed electrical wires running across the top of a storage area, then down across the bathroom door sill, through an opening in a wall, exiting into the kitchen as a source of power to the stove. Compliance will be when the proper permits have been obtained from Lake County Building Services and these structures have been repaired and restored to all of the conditions defined in the Minimum Standards for Basic Equipments and Facilities Ms. McMinnamen stated the Respondent has done a large amount of work on the duplexes in the last several weeks. Ms. McMinnamen showed pictures taken on February 20, 2006 showing that the duplexes have been painted, the windows, screens, and doors are in the process of being repaired. The tenants in one of the duplexes have moved out and the tenants in the other duplex are in the process of being evicted in order for improvements to be completed. Code Enforcement Officer Betty McMinamen is asking the Board to find the Respondent in violation. Ms. McMinnamen stated the Respondent is in the room to ask for more time in order to comply. • 6 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 Ms. Amy Lee Jones of P. O. Box 120308, Clermont, FL 34711 was sworn in and stated that her father was the previous owner of the duplexes and he would not allow her to do any work on these units. Now that Ms. Jones is the owner, she is trying to bring the duplexes in compliance as she gets the money to do so. The Respondent stated she has had trouble getting the tenants out in order to start on the improvements. Ms. Jones is asking for Code Enforcement Board for six (6) months in order to bring the duplexes in compliance. Chairman Purvis asked Ms. Jones if she was the current owner of the property and she said that she is. Chairman Purvis also wanted to know why the Respondent feels she needs six (6) months in order to comply. Ms. Jones stated she is doing the work as she gets the funds. Chairman Purvis wanted to make sure that the duplexes would not be rented out during period of construction since the duplexes would not be up to code until the work is complete. Ms. Jones said she would not rent out any units before the improvements are complete. Ms. McMinnamen will go out and re-inspect the property periodically and will also keep • herself abreast of the status of the permits that will be pulled through Lake County Building Apartment. A. D. VanDeMark moved to find the Respondent in violation of the cited City Code. seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation. A. D. VanDeMark moved to fine the Respondent $40.00 per day ($10.00 per unit per day for each unit not in compliance) starting August 15 2006 seconded by Les Booker The vote was unanimous for the time period and the amount of the fine. Code Enforcement Officer Betty McMinamen asked the Board if she understood correctly as to the fact that if the Respondent gets one unit into compliance, she will be able to rent said unit out and the fine will be reduced by $10.00 for that particular unit. Chairman Jim Purvis stated this is correct, since she may need the income to complete the unfinished units. • 7 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 CASE NO. 06-262 Robert W. Tyer 655 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 655 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 Officer Betty McMinamen stated she does have service on this case but the Respondent was not present. Ms. McMinnamen said she had been in contact with Mr. Tyer and thought he would be in attendance tonight. Ms. McMinnamen stated the Respondent's property is violation due to the accumulation, which includes, but is not limited to the property being littered with buckets, plastic bins, gas cans, coolers, shovels, cardboard boxes, tarps, plastic bottles, vehicle tires, etc. and other unidentifiable items sitting in extremely high weeds in the street right-of-way of the front yard. Compliance will be when the premises have been completely cleaned of the • above mentioned items. There were originally two parts to this case and one of the cases had been complied. Ms. McMinnamen asked that the Respondent be found in violation and given 30 days to comply. Chairman Purvis asked Ms. McMinamen if she felt the Respondent was willing to comply. Ms. McMinamen stated that every time she spoke to Mr. Tyre, he said he was going to bring his property into compliance but has yet to do so. The Board recalls when this case came before them previously, the Respondent had been on dialysis, but still managed to bring his property into compliance. James Davern moved to find the Respondent in violation of the cited City Code seconded by A. D. VanDeMark. The vote was unanimous in favor of finding the Respondent in violation. James Davern moved to fine the Respondent $10.00 per day starting March 21 2006 seconded by Terry Felder. The vote was unanimous for the time period and the amount of the fine. • g • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD February 21, 2006 OLD BUSINESS CASE NO. 05-229 W. H. Barnes, Inc Lot 8, Block 89, Chestnut Street 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. The Respondent was not present and no action was taken. CASE NO. 05-232 Miche Chicoye • 561 E. Minneola Avenue 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. The Respondent was not present and no action was taken. There being no further business, the meeting was adjourned. Attest: ~..~. G J y s, Code forcement Clerk Jy~fres Purvis, Chairman • 9