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05-16-2006 Regular MeetingMINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD May 16, 2006 The regular meeting of the Code Enforcement Board was called to order on Tuesday, May 16, 2006, at 7:00 p.m. Members attending were Jim Purvis, A. D. VanDeMark, Joe Janusiak, William Gray, James Davern, Les Booker and Terry Felder. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, and Joy Thys, Code Enforcement Clerk. Call to Order. The Pledge of Allegiance was recited. Chairman Jim Purvis read the Opening Remarks. The minutes from the Code Enforcement Board meeting of April 18, 2006 were approved as amended. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Officer Betty McMinamen. NEW BUSINESS CASE N0.06-267 Oceanfront Properties, Inc. c/o: A. Barros P. O. Box 85277 Hallandale, FL 33008 LOCATION OF VIOLATION: 1203 West Highway 50, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 283-C, Chapter 58, Section 58- 116. Allowing Grocery Store to Operate Without An Occupational License. Code Enforcement Officer Betty McMinamen stated Food City is open and presently operating without an Occupational License since the new owners bought the store in November of 2005. An Occupational License was applied for and a Life Safety permit was issued on November 17, 2005. The store has failed three Life Safety inspections since that date and therefore they have been unable to obtain their Occupational L` MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD May 16, 2006 License. Ms. McMinamen was called to the location on February 7, 2006, at which time a 30 day notice was sent, and she has since been working with the current owners to bring the property into compliance in order for them to obtain their Occupational License. The owners were found in violation by the Code Enforcement Board on April 18, 2006, given until June 20, 2006 to comply, with an update on May 16, 2006. Mr. Robert Boyatt of 9 Minnehaha Circle, Clermont, Florida was sworn in and proceeded to give the Code Enforcement Board an update on the project. He was speaking on behalf of the property owners, Mr. and Mrs. Barros, who reside in Hialeah, Florida. Mr. Boyatt stated they have brought most items into compliance and are waiting on one more item which is a "knox box" that is required by the fire department. The knox box is a keyed safety box which houses master keys for tenants in a plaza in case of fire. Chairman James Purvis said he is willing to extend the Respondent another 30 days to comply since the Lake County Building Department may have other items the Respondent may have to address. A. D. VanDeMark moved to allow the Respondent until July 18, 2006 to comply or cease operation of the store: seconded by Joe Janusiak. The vote was unanimous for the time period and the closing of the store if not in compliance. The Code Enforcement Board would also like to have another update next month from Mr. Boyatt regarding the progress he is making with the County regarding the Life Safety Inspection. CASE NO. 06-269 Oceanfront Properties, Inc. c/o: A. Barros P. O. Box 85277 Hallandale, FL 33008 LOCATION OF VIOLATION: 1203 West Highway 50, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 239-C, Chapter 66, Section 66- 80 (g). No Installation of Required Grease Trap. Code Enforcement Officer Betty McMinamen stated this case has complied and will not be heard. 2 MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD May 16, 2006 CASE N0.06-271 Harvey Purvis 10645 Point Overlook Drive Clermont, FL 34711 LOCATION OF VIOLATION: 1029 Juniata St. & 936 10t" St. Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 98, Section 98- 10(&Detail #110-274A). Required Materials for Driveway Construction. Code Enforcement Officer Betty McMinamen stated this case has complied and will not be heard. CASE N0.06-272 ~ Circle D Plumbing, Inc. P. O. Box 120819 Clermont, FL 34711 LOCATION OF VIOLATION: 1001 V'Jest Desoto Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122-263 (c). Outdoor Storage Must Be Screened From View. Code Enforcement Officer Betty McMinamen showed pictures of outside storage at the Respondent's business location. The outside storage is due to, but not limited to, the outside storage of tires, vehicles, cargo trailers, pipes, barrels, etc. The property will be in compliance when all storage and the like have been completely screened from all public streets and adjacent properties. Ms. McMinamen would like the Respondent be found in violation of the cited city code. Mr. Dale Judy of 1001 W. Desoto Street, Clermont, FL was sworn in and stated he has erected a wooden privacy fence around most of his property, but is being held up because of trees that are in the way of putting up some of the remaining fencing. He has contacted a tree company for an estimate but has yet to receive a quote from them. Mr. Judy asked for 60 days in order to bring his property into compliance. MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD May 16, 2006 It was noticed in the pictures that barbed wire was placed on top of the Respondent's fence and this was questioned by the Board. After locating the correct ordinance, it was noted that barbed wire is permitted in the Respondents zoning of his property which is M-1 Industrial. A. D. VanDeMark 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 Davem moved to allow the Respondent until July 18, 2006 to comply or be fined $25.00 per day thereafter until brought into compliance; seconded by Joe Janusiak The vote was unanimous for the time period and amount of the frne. CASE N0.06-273 Circle D Plumbing, Inc. P. O. Box 120819 Clermont, FL 34711 LOCATION OF VIOLATION: 1001 West Desoto Street, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 98, Section 98- 10 (&Detail #110-274A). Required Materials for Driveway Construction. Code Enforcement Officer Betty McMinamen showed pictures of the driveway on the Respondent's property showing a new asphalt driveway. This property was turned into Ms. McMinamen by the City of Clermont Engineering department, the same department that does driveway inspections. The Engineering department claimed the driveway was not up to city code because no wire, rebar, or concrete was used in this driveway. A violation notice was sent to the Respondent on March 8, 2006 stating concrete was not used, which is the required material for driveway construction per city code, to extend the driveway across the street right-of--way, from the Respondent's property line to the abutting pavement of W. Desoto Street. The notice stated that compliance would be when the existing driveway has been removed or replaced with concrete. Ms. McMinamen asked the Respondent be found in violation of the cited city code. Mr. Dale Judy of 1001 W. Desoto Street, Clermont, FL, was sworn in and stated he had a paving company apply asphalt and resurface the existing driveway. Mr. Judy was unaware, he said, of having to obtain a zoning clearance and permit in order to have this work done on his property. 4 MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD May 16, 2006 Ms. McMinamen stated the Respondent is allowed to apply asphalt to his driveway on top the concrete that is required by the city. After much discussion by council and the Code Enforcement Board as to whether the action taken by the Respondent was considered new construction or just driveway repair, the following motions were made. A D VanDeMark moved to frnd the Respondent in violation of the cited City Code; seconded by Joe Janusiak The vote was 4-3 in favor of finding the Respondent in violation. James Davem moved to allow the Respondent until Au4ust 15. 2006 to comply or be fined $20 00 per day thereafter until brought into compliance: seconded by Joe Janusiak The vote was 4-3 for the time period and amount of the fine. CASE N0.06-274 ' ~ Marian A. Bell, ET AL 208 East Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 208 East 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 several pictures of the Respondent's property taken in March of 2006 which shows the accumulation, which includes but is not limited to, broken television sets and computer monitors, assorted electronic parts and equipment, assorted holiday decorations, sheets of plate glass, etc. Compliance of this violation will be when the premises have been completely cleaned of the items mentioned above and all vegetation uniformly trimmed and moved. Ms. McMinamen showed pictures taken on May 15th and May 16th showing the Respondent has made a tremendous improvement to the property and commended the Respondent of doing so. The violation still exists since there are some more things on the property that need to be cleaned up. Ms. McMinamen asked the Respondent be found in violation of the cited city code, but be given time to finish cleaning up the property. ~ s MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD May 16, 2006 Mr. Ronald Bell, son of Marian Bell, who also resides at 208 East Avenue, Clermont, FL was sworn in and stated he and his mother have worked very hard in trying to bring the property into compliance. Mr. Bell said the price of gas is slowing down his clean up process, since he his taking most of the outside storage to the recycling center. Mr. Bell asked for 60 days in order to bring his property into compliance. A. D. VanDeMark 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 Julv 78. 2006 to comaly or be fined $5.00 per day thereafter until brought into compliance: seconded by A. D. VanDeMark. The vote was unanimous for the time period and amount of the fine. CASE N0.06-276 • Inland Groves Corp P.O. Box 120186 Clermont, FL 34711 LOCATION OF VIOLATION: 1304 10th 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 Officer Betty McMinamen stated this case has complied and will not be heard. There being no further business, the meeting was adjourned. Attest: Code enforcement Clerk r~ `~ ;dames Purvis, chairman 6