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03-21-2006 Regular MeetingMINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD March 21, 2006 The regular meeting of the Code Enforcement Board was called to order on Tuesday, March 21, 2006, at 7:00 p.m. Members attending were Jim Purvis, A.D. VanDeMark, Terry Felder, Les Booker, Joe Janusiak, 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. Call to Order. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meeting of February 21, 2006 were approved as written. Chairman Jim Purvis read the Opening Remarks and gave the floor to Code Enforcement Officer Betty McMinamen. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. • NEW BUSINESS CASE NO. 06-263 Wayne A. Thomas 214 Second Street Clermont, FL 34711 LOCATION OF VIOLATION: 214 Second Street, 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 McMinnamen stated Mr. Thomas was currently doing work without a permit at 214 2"d Street, which is the single garage-apartment adjacent to the 4-unit apartment building known as 210 2"d Street, and added that this apartment complex has two address numbers although the Lake County Property Appraiser's office show both buildings on one property. • • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD March 21, 2006 On January 11, 2006, two "Stop Work" orders were posted on the property. One was for violation of State Workman's Compensation laws due to 3 workmen on site that Mr. Thomas had hired, and the other "Stop Work" order was for Electrical, Plumbing and Structural work started prior to obtaining a Building Permit. Mr. Thomas obtained a permit for 4 windows and 1 exterior door for 210 2"d street in January 2005 that was deemed abandoned and expired due to his failure to request inspections. On January 12 2006, Mr. Thomas declared this his legal domicile with the Clerk of the Lake County Circuit Court. On January 17, 2006, Progress Energy pulled the electric meter at the request of the Chief Lake County Electrical Inspector for safety reasons and power cannot be restored without the Inspector's approval. Ms. McMinamen stated that a permit had been applied for and was in Lake County Plans Review by 9:30 am today, but has not been approved or issued as of yet. Ms. McMinamen asked for the respondent to be found in violation and also asked that Mr. Thomas be declared a Repeat Offender with a penalty attached since he had been found in violation of this very same Ordinance, and paid a $90.00 fine, in June 2004 on another property he owns in Clermont, FL. • Mr. Wayne Thomas of 214 2"d Street, Clermont, FL 34711 was sworn in and showed a letter from Progress Energy stating he had established electrical service in his own name to 214 2"d Street, Clermont, FL 34711 as of March 3, 2005, and this was also currently his domicile. Mr. Thomas then showed a copy of a Lake County Building Services Permit issued on 210 2"d Street, Clermont, FL 34711 on January 24, 2005 tha was for the replacement of 4 windows and 1 door. Mr. Thomas claimed there was no other work being done at this address. A Zoning Clearance was issued by the City of Clermont on March 3, 2006, for interior renovations with 5 windows and 1 exterior door for 214 2"d Street. Mr. Thomas has applied for a Lake County Building Permit but the permit has yet to be issued 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. t James Davern moved to allow the Respondent until April 18 2006 to obtain all necessary paperwork, or be fined $5.00 per day thereafter seconded by Les Booker The vote was unanimous for the time period and amount of the fine. Chairman Jim Purvis said the issue of repeat offender would be addressed at the April 18, 2006 Code Enforcement Board Meeting if Mr. Thomas has not complied at that time. • 2 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD March 21, 2006 OLD BUSINESS CASE NO. 05-246 Charles P. Dunnigan & Darlene L. 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 Officer Betty McMinamen presented pictures taken on March 21, 2006 showing the property is still in violation with the recreational vehicle still in the property setback lines. She requested the fine of $10.00 start at midnight as established • at the February 21, 2006 meeting. Mr. Charles P. Dunnigan of 679 Anderson Street, Clermont, FL 34711 was sworn in and stated he is having a hard time trying to find someone to move this recreational vehicle because his truck is incapable of moving it. Mr. Dunnigan stated he wants the City of Clermont to come out and tell him where to put his recreational vehicle. Chairman Jim Purvis says the City of Clermont is not a surveying company and he needs to measure his lot himself. Mr. Dunnigan asked for more time in order to bring his property into compliance. The request was denied by the Board. CASE NO. 05-247 Charles P. Dunnigan & Darlene L. Dunnigan 679 Anderson Street Clermont, FL 34711 LOCATION OF VIOLATION: 679 Anderson Street, Clermont, FL 34711 • 3 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD March 21, 2006 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 the Respondent's property still has high weeds and miscellaneous litter. She requested the fine of $10.00 start at midnight as established at the February 21, 2006 meeting. Mr. Dunnigan stated he has sprayed his weeds with weed killer but the weeds have yet to die. The Respondent also claimed some of the items in the pictures were flowers and not weeds. Mr. Dunnigan asked for more time in order to bring his property into compliance. The request was denied by the Board. CASE NO. 05-248 • Charles P. Dunnigan & Darlene L. 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 pictures taken on March 21, 2006 showing the Respondent had moved his van into the rear yard. The moving of the van behind the fence does not make the property in compliance since you can still see the van from the street and the van is still inoperable. She requested the fine of $10.00 start at midnight as established at the February 21, 2006 meeting. Mr. Dunnigan stated he was under the impression that just by moving the van inside the fence would bring his property into compliance. The Board told the Respondent again what he needed to do in order to comply. Mr. Dunnigan asked for more time in order to bring his property into compliance. The request was denied by the Board. • 4 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD March 21, 2006 CASE NO. 05-262 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 the Respondent was not present and no action was taken OTHER BUSINESS • CASE NO. 05-173 Alan J. & Katherine R. Pool 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 122, Section 122-244 (a) (11). Restaurant Requires Conditional Use Permit in Central Business District. Code Enforcement Officer Betty McMinamen said the Respondent was present to ask for forgiveness of a $1490.00 fine that was accrued during the time a Conditional Use Permit for the On the Corner Restaurant was being brought into compliance. Mr. Alan Pool of 1069 W. Lakeshore Drive was sworn in and asked for forgiveness for the fine. James Davern moved to rescind the fine: seconded by Les Booker. The vote was unanimous in favor of rescinding the fine. 5 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD March 21, 2006 There being no further business, the meeting was adjourned. Jarp'es Purvis, Chairman Attest: Ja4 ~lifvls, Code Enforce~ent Clerk •