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06-20-2006 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 20, 2006 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 20, 2006 at 7:00 p.m. Members attending were Chairman Jim Purvis, Terry Felder, James Davern, L.V. Booker and William Gray. Joe Janusiak and A.D. Vandemark were absent. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Rodriguez Brown, City Attorney and Jane C. McAllister, Code Enforcement Secretary. 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 May 16, 2006 were approved as written. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. OLD BUSINESS -CONTINUED CASE NO. 06-267 Oceanfront Properties, Inc. C/O A. Barros 1203 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION :1203 W. 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 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 License. CITY OF CLERMONT . MINUTES CODE ENFORCEMENT BOARD June 20, 2006 Page - 2 - At the Code Enforcement meeting held on May 16, 2006 the respondent received additional time, until July 18, 2006, to comply or cease operation of the store. The Code Enforcement Board has requested that the respondent keep them apprised as to the progress being made toward compliance. Robert Boyette, 9 Minnehaha Circle, Clermont, FL. representative of the owner of the Food City gave the Board an update as to what has been done to bring the property into compliance. Mr. Boyette stated that they expect to be able to pass inspection before the July 18, 2006 deadline. NEW BUSINESS CASE NO. 06-277 CASE NO. 06-278 Janice Hightower Darby • 1039 Disston Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 1039 Disston Avenue, Clermont, FL. 34711 CASE NO. 06-277 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61. Enumeration of prohibited items, conditions or actions constituting nuisances. Code Enforcement Officer Betty McMinamen presented photos taken June 19, 2006 showing that the violations still exist and asked that the Board find the Respondent in violation. John Darby 1039 Disston Ave. stated that the grass was cut today and that all the trash has been removed. He said the only item remaining is the tire and that will be removed tonight. In the matter of Case No. 06-277 Board Member Davern moved to find the Respondent in violation of the cited City Code; seconded by Board Member Grav The vote was unanimous for finding the Respondent in violation. • 2 CITY OF CLERMONT • MINUTES CODE ENFORCEMENT BOARD June 20, 2006 Page - 3 - In the matter of Case No. 06-277 Board Member Davern moved to allow the Respondent until July T8 2006 to comply or be fined at the rate of $5.00 per day until compliance is met• seconded by Board Member Booker. The vote was unanimous in favor of the time limit and the amount of the fine. CASE NO. 06-278 VIOLATION: City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34-95. Prohibition of storage within residential areas. Code Enforcement Officer Betty McMinamen presented photos taken June 19, 2006 showing that the violations still exist and asked that the Board find the Respondent in violation. John Darby, 1039 Disston Ave., stated that his intention was to restore the remaining vehicle, but he said that if he must get rid of the vehicle to come into compliance he will do that. • Respondent Janice Darby complained that the Code Enforcement Officer did not speak to her when she was investigating the complaint. Chairman Purvis explained that as an employee of the City the Code Enforcement officer is not required to make personal contact with the subject of an investigation. John Darby stated that he would get a tag and make the car in question legal if that would bring him into compliance. In the matter of Case No 06-278 Board Member Davern moved to find the Respondent in violation of the cited City Code• seconded by Board Member Felder. The vote was unanimous for finding the Respondent in violation. In the matter of Case No. 06-278 Board Member Davern moved to allow the Respondent until July 78 2006 to comply or be fined at the rate of $5.00 per day until compliance is met• seconded by Board Member Booker. The vote was unanimous in favor of the time limit and the amount of the fine. • 3 CITY OF CLERMONT • MINUTES CODE ENFORCEMENT BOARD June 20, 2006 Page - 4 - OLD BUSINESS CASE NO. 06-254 Gerald A. Jones 611 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 611 W. Highway 50, Clermont, FL. (Lots 1 &2) 604 Chestnut Street, Clermont, FL (Lots 18&19) VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 86, Section 146(b). Failure to fulfill obligations of a Conditional Use Permit agreed to on April 11, 1989. • A fine of $20.00 per day is scheduled to begin accruing today at midnight. Fred Morrison, Attorney for Mr. Jones, pointed out a Scribner's error when he accused the Code Enforcement Officer of lying under oath because the agenda and the Findings of Fact showed the case number as 05-254 when it actually was 06-254. The correction was noted. Attorney Fred Morrison called upon engineer Arthur C. Nix to tell the Board his part in this case. Mr. Nix stated that he prepared a site plan for the property in question. It included a building for automotive use and a parking area for the building. He stated the plan was submitted to the City on May 11, 2006, and that he was informed subsequent to that meeting that there would have to be an amendment to the Comprehensive Plan because the property does not have the future land use to allow for it to be developed according to the site plan submitted. Respondent Gerald Jones stated that at the January 17, 2006 Code Enforcement Board meeting he was given 6 months to comply. He said he has spent thousands of dollars and is trying to develop the site to the City's satisfaction. He said that until recently there was no mention of the Comprehensive Plan Amendment. Mr. Jones feels that the City is blocking his progress in developing the site the way he wants it. • 4 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 20, 2006 Page - 5 - There was additional discussion of the possible remedies to the situation and it was finally suggested that an extension of time might be the only solution. Attorney Morrison asked for an extension of enough time to allow for Mr. Jones to apply for a text change to the Comprehensive Plan, so that he would then be able to apply for the necessary amendment to his Conditional Use Permit and any Variances he might need. Jim Hitt said that Mr. Morrison is correct in saying the site plan was submitted and accepted by the Site Review Committee. He informed Mr. Nix and Mr. Morrison of the required text change to the Comprehensive Plan approximately one week later. They can not amend the CUP or apply for the variances until the text change is made. Chairman Purvis pointed out that much time and money has been spent on this case and now nothing can be done for a year because of the need for a Comprehensive Plan Amendment. • Planning Director Jim Hitt stated that the original CUP is still in effect and should be complied with. Attorney Morrison asked fora 6 month extension to work on Comprehensive Plan Amendment text change so they can move forward with their site plans. Board Member Booker suggested that if the Board was going to grant additional time, the Respondent be required to submit quarterly written progress reports, so that at the end of the extended time period the Board doesn't discover that there has been no progress. Board Member Davern moved to extend the time for compliance and for the penalty to take effect to January 76, 2007 with another possible extension at that time all subject to the Board receiving written quarterly progress reports beginning September 2006 from the respondent as to the progress being made toward a text change seconded by Board Member Gray. The vote was unanimous in favor of the motion NON AGENDA ITEM Discussion about holding the Code Enforcement meetings at a different time or day of the week. ;~ , I^ CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD June 20,2006 Page —6 - Chairman Purvis said that the Board deals with the residents, most of whom work. He added that changing to an earlier time would likely cause additional expense and inconvenience for public. He suggested keeping the meeting at the same day and time. The consensus of the board was to keep the meetings as they are now. There being no further business, the meeting was adjourned. Attest. a Jim 'urvis, Ch- 'man 76a e -W4eZ J C. McAllister ode Enforcement Clerk rsk 6