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08-15-2006 Regular Meeting• MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD August 15, 2006 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 15, 2006 at 7:00 p.m. Members attending were James Purvis, Chairman, A.D. VanDeMark, Terry Felder, Les Booker, Bill Gray and Joe Janusiak, Also attending were Betty McMinamen, Code Enforcement Officer, Jim Hitt, Planning and Zoning Director, Yvette Brown, City Attorney, and Joy Thys, Code Enforcement Clerk. James Davern was absent. Chairman Jim Purvis read the Opening Remarks. The Pledge of Allegiance was recited. No minutes were approved due to some confusion over the cancellation of July's meeting in addition to approval still needed for June 20, 2006 minutes. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. • Jim Purvis gave the floor to Code Enforcement Officer Betty McMinamen. NEW BUSINESS CASE NO. 06-283 Irene Abrahams P.O. Box 120404 Clermont, FL 34712 LOCATION OF VIOLATION: 847 Disston Avenue, 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 of the outside storage at this residence that included, but was not limited to, the outside storage of a gray sedan sitting in high grass, without a license, and in plain view of the street. Ms. McMinamen also stated this is a "Repeat Violator" and the property had fines several years ago that were forgiven by the Code Enforcement Board. Ms. McMinamen asked that the Respondent be found in violation and also be deemed a "Repeat Violator". Ms. McMinamen had service on this case, but the Respondent was not present. • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD August 15, 2006 A. D. VanDeMark made a motion to find the Respondent in violation of the cited Citv code; seconded by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation. A. D. VanDeMark moved to allow the Respondent until August 30, 2006 to comply or be fined at the rate of $25.00 per day,• seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the hne. Jim Purvis moved to find the Respondent as a "Repeat Violator"' seconded by Les Booker. The vote was unanimous in favor of deeming the Respondent as a "Repeat Violator". The Code Enforcement Board asked Ms. McMinamen to speak with the Respondent, who is an elderly lady and may need assistance understanding this case. Ms. McMinamen said she would be glad to do that. CASE NO. 06-284 • Irene Abrahams P.O. Box 120404 Clermont, FL 34712 LOCATION OF VIOLATION: 847 Disston 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 pictures of the outside accumulation, which includes, but is not limited to, discarded pallets, barrels, a black sofa, a broken chair frame, etc. Ms. McMinamen also stated this is a "Repeat Violator" and the property had fines several years ago that were forgiven by the Code Enforcement Board. Ms. McMinamen asked that the Respondent be found in violation and also deemed a "Repeat Violator". Ms. McMinamen had service on this case, but the Respondent was not present. A. D. VanDeMark made a motion 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. 2 . MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD August 15, 2006 A. D. VanDeMark moved to allow fhe Respondent until Au_gust 30, 2006 to comply or be fined at the rate of $25.00 per day.• seconded by Bill Gray. The vote was unanimous for the time period and the amount of the Erne. A. D. VanDeMark moved to find the Respondent as a repeat violator,• seconded by Bill Gray. The vote was unanimous in favor of deeming fhe Respondent as a "Repeat Violator". The Code Enforcement Board asked Ms. McMinamen to speak with the Respondent, who is an elderly lady and may need assistance understanding this case. Ms. McMinamen said she would be glad to do that. OLD BUSINESS CASE NO. 06-256 Amy Lee Jones • P. O. Box 120308 Clermont, FL 34712-0308 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, Ch. 3, Sec. 301-307.6. Code Enforcement Officer Betty McMinamen showed pictures of the Respondent's two buildings. Ms. McMinamen stated the Respondent has worked very hard cleaning up the two buildings on her property. Ms. McMinamen would like the Respondent to be allowed additional time in order to bring her property into compliance. Ms. Amy Lee Jones, of 228 & 238 Chestnut Street, Clermont, FL, 34711 was sworn in and stated she has almost completed the work on the first building and is in the process of hiring a contractor to finish up the remainder of the work on the second building. Ms. Jones asked the board for an additional 90 days in order to complete the work on her two duplexes. Les Booker moved to allow the Respondent until November 21. 2006 to complete the work on her property; seconded by A. D. VanDeMark. The vote was unanimous for the new compliance date allowed the Respondent. n LJ 3 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD August 15, 2006 The Board requested Ms. Jones attend the Code Enforcement Board meeting on September 19, 2006 to give a report on her progress. CASE N0.06-273 Circle D Plumbing P. O. Box 120819 Clermont, FL 34712-0819 LOCATION OF VIOLATION: 1001 W, 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 said this case has complied and will not be heard. • OTHER BUSINESS CASE NO. 05-238 Home Depot USA, Inc. Prop Tax Dept #6375 P.O. Box 105842 Atlanta, GA 30348-5842 LOCATION OF VIOLATION: 1530 E. Highway 50, Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 86, Section 141. Failure to Fulfill Obligations of Conditional Use Permit Agreed to on March 26, 2002. Code Enforcement Officer Betty McMinamen showed several pictures of Home Depot showing they are not in compliance with the conditions of their Conditional Use Permit. • 4 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD August 15, 2006 There is still and abundance of outside storage and sales display on all three sides of the building. Home Depot did not appear at the Code Enforcement Board meeting of November 15, 2005, at which time they were found in violation. They were given until November 30, 2005 in order to bring their store into compliance or be fined $250.00 per day. The property was not brought into compliance by November 30, 2005 and therefore the fine started to accrue. The fine is currently $64.500.00. Ms. McMinamen would like the board to now allow the lien to be filed. Mr. Jimmy Crawford, attorney for Home Depot, claimed the reason Home Depot was unable to attend the Code Enforcement Board meeting for November 2005, was due to the information that was sent to their corporate office in Atlanta was not given to the local Home Depot management. Mr. Crawford stated he began meeting with City officials as soon as he was retained by Home Depot in order to bring the store into compliance. They are in the process of requesting an amendment to their CUP in order to bring their property into compliance. Mr. Crawford stated since the Home Depot store is in amulti-tenant site, everyone in the plaza must sign the CUP. Mr. Crawford said • they should have all signatures in around two weeks. Mr. Crawford also said that Home Depot has paid their share of the traffic light at Oakley Sever and Highway 50. Code Enforcement Board Chairman Jim Purvis said he had a couple of problems with Home Depot which included the initial meeting Home Depot had with the City of Clermont when they were trying to come into Clermont. Mr. Purvis said the people from the Home Depot corporate office in Atlanta promised the City of Clermont the store would maintain a neat appearance and not become a problem as in the Home Depot store located in Orlando. Mr. Jim Hitt, Planning and Zoning director, was sworn in and stated the City Staff has been working with the Home Depot store in trying to bring the property into compliance. The City Staff has done site inspections with the store in order to help them with the CUP amendment and will continue trying to do so. A D VanDeMark recommended the lien order be signed; seconded by Joe Janusiak and filed with the Circuit Court. The vote was unanimous. 5 • MINUTES CITY OF CLERMONT CODE ENFORCEMENT BOARD August 15, 2006 SPECIAL BUSINESS Code Enforcement Qfficer Betty McMinamen distributed a Current Lien Status report for the Board to review. The Board was very pleased with the report and asked Ms. McMinamen to give them updates on asemi-regular schedule. There being no further business, the meeting was adjourned. ~ A /' James Purvis, Vice-Chairman Attest: • 6