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.
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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.
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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.
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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.
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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.
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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.
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• 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.
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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
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