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04-17-2007 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD APRIL 17, 2007 The regular meeting of the Code Enforcement Board was called to order on Tuesday, April 17, 2007 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, James Davern, Bill Gray and Lester Booker. Also attending were Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, Jim Hitt, Planning and Zoning Director, and Joy Thys, Code Enforcement Clerk. Terry Felder and A. D. VanDeMark were absent. The Pledge of Allegiance was recited. The Board welcomed new Code Enforcement Board Attorney Valerie Fuchs. Code Enforcement Chairman Jim Purvis read the Opening Remarks. The minutes from the Attorney Workshop Meeting and the Code Enforcement Board Meeting of March 20, 2007 were approved as written. Code Enforcement Officer Betty McMinamen and everyone testifying were sworn in. Jim Purvis gave the floor to Code Enforcement Staff and Attorney. NEW BUSINESS CASE N0.07-327 Willie Jackson, ET AL 1205 Ryan Street Clermont, FL 34711 LOCATION OF VIOLATION: 1205 Ryan Street, Clermont, FL 34711 VIOLATION: Ordinance No. 36-C, Chapter 34, Section 34-95. Unlawful Storage in Residential Areas. City Attorney introduced the above referenced case and advised that the Respondents were present. Code Enforcement Officer McMinamen presented the details of the case and said the Respondent was in violation due to the outside storage of a dark gray 4-door sedan without a license tag, along with a discarded vehicle battery, both in high grass and in • 1 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD APRIL 17, 2007 plain view of the street next to the front driveway. Compliance will be when the above referenced item, and the like, has been repaired or removed from the .property unless completely stored within an enclosed building. Ms. McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken. Staff requested that the Respondent be found in violation of the cited city code and made the following recommendation: come into compliance by June 19, 2007; if not, a fine of $200.00 for each day property fails to come into compliance. Charlotte Jackson of 1205 Ryan Street, Clermont FL, 34711 was sworn in and stated the car belongs to her daughter and she has made several attempts to get her to remove the vehicle from the property. Adriene Moton, daughter of Charlotte Jackson, of 1120 Imperial Eagle Street, Groveland Fl, 34736 was sworn in and stated she had tried to get several people to repair the vehicle for her and no one had done so to this point. The Code Enforcement Board suggested to Ms. Moton that she get a tag for the car as soon as possible. Ms. Charlotte Jackson said she would have the car moved or tagged no later than April • 18, 2007. James Davem made a motion to find the Respondent in violation of the cited City code; seconded b,~/ Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation. James Davem moved to allow the Respondent until May 75, 2007 to comply, or be fined at the rate of $10.00 per day: seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. CASE N0.07-328 AI-Karim Jivraj 1770 Deer Isle Circle Winter Garden, FL 34787 LOCATION OF VIOLATION: 528 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76 (3). Minimum Housing Standards, Ch. 3, Sec. 301-307.6. City Attorney introduced the above referenced case. Ms. Brown stated the Code 2 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • APRIL 17, 2007 Enforcement Board was provided a copy of the Minimum Housing Standards for their review. Code Enforcement Officer McMinamen presented the case and the minimum standards for Basic equipment and facilities. Ms. McMinamen read the violation summary as follows: You are hereby notified that during a recent partial interior and exterior inspection of your property conducted along with the City of Clermont Fire Department Safety Inspectors due to the fire in Apt. #2 on January 31, 2007, a number of safety and minimum housing violations of the above referenced section of the City of Clermont Code of Ordinances were found due to, but not limited to: non-working or missing smoke detectors, expired fire extinguishers, ripped or missing window screens, holes in interior and exterior walls, missing outlet covers, exposed electrical wiring, broken or missing light fixtures, no GFCI (ground fault circuit interrupters) requiring an Electrical Permit to install on every outlet within 6' of a water source in kitchens and bathrooms, deteriorated flooring of upstairs rear porch, steps and handrails in disrepair on outside real staircase, unsafe egress caused by exterior doors padlocked, or exits blocked by appliances, or doors swinging in the wrong direction plus a hole in the rear stair-landing of main building, in addition to half buried lumber outside the Southeast exit of the real building. Interior doors must fit jams and have proper hardware to afford privacy, water- . soaked and deteriorated wood must be replaced throughout all 7 apartments in addition to the storage/workshop of the first floor of the rear building which will also require a monitored sprinkler system installed and working within 180 days from 2/1/07, as stated in the attached Fire Inspection Safety Report. Compliance of this violation will be when these structures have been repaired and restored to all of the conditions defined in the attached minimum standards for basic equipment and facilities since no dwelling unit, occupied or vacant shall be permitted to exist which does not comply with these requirements. Code Enforcement Officer McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken. City Attorney asked the Respondent be given until June 19, 2007 (60 days) in order to comply. Ms. Brown said the Staff is recommending a fine of $200.00 a day pursuant to Florida Statute section 162.09 (b) which states in determining the amount of the fine, the Code Enforcement Board shall consider: 1) the gravity of the violation, 2) the actions taken by the Respondent in order to correct the violation, and 3) any previous violations by the Respondent. Mr. AI-Karim Jivraj, of 528 W. Minneola Avenue, Clermont FL 34711, was sworn in and stated he failed to do proper screening of tenants he had rented to in the past. His tenants did not take care of the rental units and basically destroyed the property. He said one of his tenants recently started a fire in one of the units, which then lead to the • City of Clermont Fire Department noting several items in which the Respondent needs 3 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • APRIL 17, 2007 to install or repair before he is able to rent out the apartments again. The Respondent stated it is necessary for him to do most of the repair work himself due to the high cost of contracting the work out. Mr. Jivraj noted the laws of the state seem to give the landlord very little rights as far as entering each unit in order to inspect or do work on them, which means he had to evict the tenants before he was able to proceed with work. The Respondent read a list of several items he said he has repaired to the best of his ability. He asked the Board to allow him until August 2007 to bring his property into compliance. James Davem made a motion to find the Respondent in violation of the cited City code• seconded by Les Booker. -The vote was unanimous in favor of finding the Respondent in violation. James Davem moved to allow the Respondent until June 19. 2007 to comply. or be fined at the rate of $200.00 per day.• seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. CASE N0.07-329 • AI-Karim Jivraj 1770 Deer Isle Circle Winter Garden, FL 34787 LOCATION OF VIOLATION: 528 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. City Attorney introduced the above referenced case. Code Enforcement Officer McMinamen stated that the Respondent was in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, the property being littered with bottles, cans, boards, stack of 4x4 lumber, sofa and love-seat, broken plastic chairs, electric stove, pallets, plastic storage bins, a chi{d's car seat, street sign from another town, broken coolers, concrete blocks, decorative fence pieces, pieces of carpet, broken sections of a stockade fence laying under the outside stairs of the main building and covered by a plastic air mattress, in addition to several five (5) gallon buckets with some holding stagnant water, a paint tray also holding water and sitting in high grass, in addition to at least two (2) piles of dead yard and tree clippings along with scattered trash and litter throughout the entire • property. Compliance of this violation will be when the premises have been completely cleared of all the items listed above, and the like, along with the excess vegetation that 4 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • APRIL 17, 2007 shall be uniformly trimmed and mowed, with all clippings and debris removed from the property. Ms. McMinamen displayed pictures of the property showing the violation. Ms. McMinamen stated there has been improvement of the outside of this property, but it is still in violation. Staff is requesting that the Respondent be found in violation and be fined $150.00 for each day the property is out of compliance after May 15, 2007. AI-Karim Jivraj of 528 W. Minneola, Clermont FL 34711, was sworn in and stated he has cleaned up seventy percent of the outside storage on his property and would like time in order to comply. Bill Gray made a motion to f<nd the Respondent in violation of the cited Cit cy ode• seconded by Les Booker. The vote was unanimous in favor of finding fhe Respondent in violation. James Davem moved to allow the Respondent until May 15 2007 to comply or be fined at the rate of $150.00 per day seconded by Joe Janusiak The vote was unanimous for the time period and the amount of the fine. CASE NO. 07-330 • AI-Karim Jivraj 1770 Deer Isle Circle Winter Garden, FL 34787 LOCATION OF VIOLATION: 528 W. Minneola Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 36-C, Chapter 34, Section 34-95. Unlawful Storage in Residential Areas. City Attorney introduced the above referenced case. Code Enforcement Officer McMinamen read the violation summary and violation notice which was: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, the outside storage of a white 4-door Lincoln sedan without a license tag, along with two (2) discarded vehicle tires, all in plain view of the street. Compliance of this violation will be when the above referenced items, and the like, are completely removed from the property unless completely stored within an enclosed building. Ms. McMinamen stated the property is still not in compliance and showed several pictures of existing violations. Staff is requesting the Respondent be found in violation and that he be given, be given until May 15, 2007 to comply, or be fined $100.00 a day for each day the property is not in • compliance after May 15, 2007. 5 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • APRIL 17, 2007 AI-Karim Jivraj of 528 W. Minneola, Clermont FL 34711, was sworn in and stated the white sedan will either be moved or towed within the next couple of days. James Davem 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 Res ondent in violation. James Davern moved to allow the Respondent until ,May 15, 2007 to comply, or be fined at the rate of $100 00 per dav' seconded by Joe Janusiak. The vote was unanimous for the time period and the amount of the fine. OLD BUSINESS CASE NO. 07-323 S. W. Williams, LLC • 901 12t" Street Clermont, FL 34711 LOCATION OF VIOLATION: 901 12t" Street, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. City Attorney introduced the case that was originally heard before the Code Enforcement Board on March 20, 2007 and found to be in violation at that time. Ms. Brown advised the Board that she believed the Respondent was present to ask for additional time in order to finish bringing their property into compliance. Code Enforcement Officer McMinamen showed pictures taken on April 16 that indicated the Respondent is currently working on the property and seems to be making progress. David McKay of 901 12t" Street, Clermont FL 34711, was sworn in and stated they have been diligently working on their property into order to finish ail needed landscape maintenance. Mr. McKay asked for more time in order to bring the property into compliance James Davem moved to allow an extension to the Respondent until May 15, 2007 to comply' seconded by Joe Janusiak. The vote was unanimous for the • extension of Time. 6 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • APRIL 17, 2007 There being no further business, the meeting was adjourned. Attest: -; • J y s, Code E orcement Cferk • 7