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09-19-2006 Regular Meeting~] CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 The regular meeting of the Code Enforcement Board was called to order on Tuesday, September 19, 2006 at 7:00 p.m. Members attending were James Purvis, Chairman, A.D. VanDeMark, Terry Felder, James Davern, 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. Les Booker was absent. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board meetings of June 20 were approved as amended. The minutes for July 18, and August 15, 2006 were approved as written. Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. • Jim Purvis gave the floor to Code Enforcement Officer Betty McMinamen. OTHER BUSINESS CASE NO. 06-256 Amy Lee Jones P. O Box 120308 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. Ch. 3, 301-307.6. Code Enforcement Officer Betty McMinamen stated the Respondent was present to give an update on her case. Ms. McMinamen said the Respondent had worked very hard in cleaning up her duplexes and said the Respondent would ask for more time in completing the remaining issues on her property. The first duplex is finished and she would like more time in order to complete the remaining work on the other duplex. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 Amy Lee Jones of 313 W. Hwy 50, Clermont, FL was sworn in and updated the Code Enforcement Board on her case. She said she has pulled permits and was in the process of completing all existing work on the remaining duplex. Ms. Jones still has one or more open permits open and will get the contractor to complete the work on these. NEW BUSINESS CASE NO. 06-285 Wal-Mart Stores East LP 1301 se 10T" Street Bentonville, AR 72716-0555 LOCATION OF VIOLATION: 1450 Johns Lake Road, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 102, Section • 102-15 (a) 8. A. B. C. Unfinished Commercial Ground Sign Code Enforcement Officer Betty McMinamen stated this case complied and will not be heard. CASE NO. 06-286 Wal-Mart Stores East LP 1301 se 10T" Street Bentonville, AR 72716-0555 LOCATION OF VIOLATION: 1450 Johns Lake Road, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 338-C, Chapter 118, Section 118-35. Unhealthy (Dead or Dying) Landscaping. Code Enforcement Officer Betty McMinamen stated this case complied and will not be heard. 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 CASE N0.06-287 Indramie D. Persaud 15700 County Road 565A Clermont, FL 34711 LOCATION OF VIOLATION: 637 Disston Avenue, Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34- 61. Unlawful Maintenance of Nuisances. Ms. McMinamen showed pictures from July and September of 2006, showing violations included, but not limited to, the property being overgrown with tall grass and weeds. Ms. McMinamen would like for the Respondent to have another 30 days in order to bring her property into compliance. Ms. Indramie Persaud 637 Disston Avenue, Clermont FL, 34711 was sworn in and stated she had cut the grass three times since receiving the notice and removed most of • the debris. She would like more time in order to comply with the city code. James Davem made a motion to hnd the Respondent in violation of the cited City code: seconded by Bill Gray. The vote was unanimous in favor of finding the Respondent in violation. James Davem moved to allow the Respondent until October 17, 2006 to comply or be fined at the rate of $1.00 per day.' seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. Indramie D. Persaud 15700 County Road 565A Clermont, FL 34711 LOCATION OF VIOLATION: 637 Disston Avenue, Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 302-C, Chapter 94, Section 94- 191. Storm-water Run-Off and Soil Erosion. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 Code Enforcement Officer Betty McMinamen showed several pictures from July and September of 2006. The violation included, but was not limited to, the run-off of storm water and soil erosion which enters the neighbor's yard to the North as it slides down- hill and under the privacy fence. Ms. McMinamen would like the Respondent be found in violation of the cited city code. The Code Enforcement Board questioned Ms. McMinamen on whether a topographic survey was turned into the City or the County before the house was started. The pictures seemed to show the grade of the Respondents home was a lot higher than that of her neighbors. Ms. Indramie Persaud 637 Disston Avenue, Clermont fl 34711 was sworn in and stated she will have someone come out and trim the grass in order for more pictures to be taken in order to show more clearly where the problem exists. She has spoken with the neighbors in order to find a solution to this problem and they cannot agree as how to repair the situation. • Bill Gray made a motion to continue this case until October 77, 2006, to determine if a violation has occurred after reviewing updated pictures: seconded by Joe Janusiak. The vote was unanimous in favor of the continuance. CASE NO. 06-290 John & Linda Korzeniowski 8531 Doral Drove Clermont, FL 34711 LOCATION OF ~/IOLAT°0~1: 640 E. Juniata Street, Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76 (12). Unsafe Building Due to Incomplete Renovation. Ms. Betty McMinamen showed pictures of the respondent's property showing violations that included, but were not limited to, extensive damage to the dwelling on the property caused by the incomplete renovations that were started without a proper building • 4 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 permit. The structure is now in such condition as to be deemed a public nuisance and a hazard to the public safety and health. Ms. McMinamen asked the Respondent be found in violation of the cited city code, but to be given time in order to bring his property into compliance since there is a demolition permit open on this property. Mr. John Korzeniowski, 8531 Doral Drive, Clermont, FL 34711, was sworn in the stated he has pulled the demo permit and he has the equipment ready to go and should start the demolition as soon as Monday, September 25, 2006. James Davem made a motion to find the Respondent in violation of the cited City code; seconded by A. D. VanDeMark. The vote was unanimous in favor of frnding the Respondent in violation. James Davem moved to allow -the Respondent until October 17. 2006 fo comply or be fined at the rate of $5.00 per day; seconded by A. D. VanDeMark. The vote was unanimous for the time period and the amount of the fine. • CASE NOS. 06-291, 06-292, 06-293, 06-294, 06-295, 06-296, 06-297, 06-298, 06-299, 06-300, 06-301, 06-302 LOCATIONS OF VIOLATION: Beverly A. Anderson 220-C East Desoto Street Clermont, FL 34711 Barbara Edwards 230-D E. Desoto Street Clermont, FL 34711 Yamilisa Gonzalez & J. Roca Alphonsus 210-D East Desoto Street Clermont, FL 34711 Serge J. Graul 230-A East Desoto Street • Clermont, FL 34711 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 Sheila S. Marcus 210-B E. Desoto Street Clermont, FL 34711 Arthur R. Stahlmann 210-A East Desoto Street Clermont, FL 34711 Denise L. Stammis 230-B East Desoto Street Clermont, FL 34711 John A. Conover 220-A East Desoto Street Clermont, FL 34711 Jose & Irma Valoy 210-12 East Desoto Street Clermont, FL 34711 David & Shanon M. Washuta 230 East Desoto Street Clermont, FL 34711 Audrey M. Wells & Michelle Susan Wells 220-D East Desoto Street Clermont, FL 34711 Getty A.:^b~iggirDS 220 East Desoto Street Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 302-C, Chapter 94, Section 94- 191. Storm-water Run-Off and Soil Erosion. Code Enforcement Officer Betty McMinamen showed several pictures of the Hillside Villas Townhomes owner's yards after a current rain storm. The pictures showed where • the run-off from the Hillside Villas Condominiums had caused soil erosion, therefore 6 C CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 making roots and cable lines exposed. Ms. McMinamen stated the run-off runs down the driveway of the condominiums into the town homes that are located below them instead of continuing on to the storm water drains on Drew Avenue. Ms. McMinamen said the first complaint she received on this situation was in the spring of 2005 and this has been an ongoing problem since that time. The City of Clermont Pubic Works has evaluated the situation in the past. Ms. McMinamen would like the Respondents' found in violation of the cited city code, but be given time in order to comply. Ms. Kelly Deardorff of 16283 Rockwell Heights Lane, Clermont FL, 34711 and owner of 703 and 705 Drew was sworn in and stated during every rain storm since she purchased her two town homes two years ago, the run off has been a continual problem for her. It has been necessary for Ms. Deardorff to place sandbags in her driveway in order to keep the runoff water from entering her garage. Ms. Deardorff's driveway is also a problem in that it is constructed so that the rainwater gets trapped in a "gulley" and also has nowhere to go. • Leigh Tucker, 713 West Montrose Street, Clermont, FL 34711, attorney for the Hillside Terrace Condominium Association, Inc., stated the Code Enforcement Board was the wrong forum to hear this case. Ms. Tucker feels this is a civil matter and needs to be heard in a regular court of law. Ms. Tucker also stated she feels the cited city code of Chapter, Section 94-191 is a purpose only ordinance and is for future clearing and grading and not for ordinance violations. Bill Gray, Code Enforcement Board member, stated he thinks this is a City of Clermont issue. Ms. McMinamen said that the Public Works Department of the City of Clermont is only responsible on public easements, not private property. PJIs. Tr_~cl<Qr sty±e,~ +he driveway cn the as~oci~ti~n's ~~-~~'°r``{ hid !~~en rR~ ~,,^~' ^r~! three inch curb was installed in order to divert some or the water. Nis Tucker said the driveway was not re-graded, just re-blacktopped. • Jerry A. Jones of 611 W. Highway 50, Clermont, FL 34711 was sworn. in on different case and said he knew a gentleman that had lived there in the past that also had run-off problems. Mr. Jones seemed to think that the land has shifted since the droughts occurred and now that we are getting raining seasons, the water has nowhere to go. 7 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 Mr. Jim Hitt, Planning and Zoning Director, said he had visited the property and that drainage would need to be installed in order to get the run-off water where it needs to go. The city would be able to work with them in order to advise them on where the drainage would need to go. Mr. Hitt confirmed this property was built before the site was required to have a retention area. Shanon Washuta, Yamilisa Roca, and Jose Valoy were all sworn in and on behalf of their interest in the condominiums; they feel the condos are not the only contributing factor to the storm water run-off that the town homes are encountering. The condominium owners pointed out there was a gutter on one of the townhomes where runoff was pouring out into the yards without a French drain in order to disperse the water. Ms. Tucker would like a continuance in order to work with the condominium owners and possibly the City of Clermont engineering department in order to try to resolve this issue. A. D. VanDeMark made a motion for a continuance on fhe case for 60 days (November 21, 2006) in order for the Respondents to prepare a study for corrective action and presenf it to the board in 30 days (October 77, 2006); seconded by Bill Gray. The vote was 4-2 in favor of the continuance. OLD BUSINESS CASE NO. 06-254 Gersld A. Jones 611 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 611 W. Highway 50 Clermont, FL 34711. VIOLATION: City of Clermont Code of Ordinances No. 281-C, Chapter 86, Section 146 (b). Failure to Fulfill Obligations Of Conditional Use Permit Agreed To On April 11, 1989. A written progress report on the Respondent's case was handed out to the Board members. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD September 19, 2006 There being no further business, the meeting was adjourned. _ ~ James j~urvis, Chairman Attest: • J ,Code En rcement Clerk • 9