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05-15-2007 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD MAY 15, 2007 The regular meeting of the Code Enforcement Board was called to order on Tuesday, May 15, 2007 at 7:00 p.m. Members attending were James Purvis, Chairman, Joe Janusiak, James Davern, Bill Gray, Terry Felder 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. A. D. VanDeMark was absent. Code Enforcement Chairman Jim Purvis read the Opening Remarks. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of April 17, 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 NO. 07-342 Roberto Robles & Ileana Salgado 550 E. Minnehaha Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 550 E. Minnehaha Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 122-121 & 122-122 (1). Unpermitted Duplex in R-1 Single Family Zoning. City Attorney introduced the above referenced case. Code Enforcement Officer McMinamen presented the details of the case and read the violation summary as follows: You are in violation of the referenced sections of the City of Clermont Code of Ordinances by permitting a duplex to exist on property owned by you, within `R-1 Single Family Medium Density' zoning where such use is prohibited. Compliance of this violation will be when this structure is returned to asingle-family dwelling after obtaining any applicable Zoning Clearance(s) from the City of Clermont Planning & Zoning Department, along with any necessary Building Permit(s) from the Lake County Department of Growth Management for the structural, electrical and plumbing work required to convert this existing duplex back to asingle-family dwelling, which shall then also • CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD MAY 15, 2007 be verified by a complete interior inspection to confirm only one remaining kitchen, under one roof, with all rooms accessible to each other without having to exit the single-family home. 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 July 17, 2007 (60 days) in order to comply. Ms. Brown said the Staff is recommending a fine of $100.00 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. Roberto Robles, of 550 E. Minnehaha Avenue, Clermont FL. 34711 was sworn in and stated that he has owned the property for about three months. He is aware that he needs to take out the wall that separates the main living area and the duplex. He does not know how much it will costs him in order to make these repairs and he has not yet applied for a permit in order to bring his property into compliance. • Mr. Jim Hitt, Planning and Zoning Director, was sworn in and all work, including the electrical work, was done without a permit. The Code Enforcement Board recommended the Respondent take out the wall or create an opening in the wall in order for this property not to be considered a duplex. Les Booker made a motion to find the Respondent in violation of the cited City code and be given until June 19, 2007 to comply or be lined at a rate of $50.00 per day; seconded by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation, the time period, and the amount of the fine. CASE N0.07-337 Stephen V. Weaver, Jr. 2149 S. Waterview Drive Clermont, FL 34711 LOCATION OF VIOLATION: 2149 S. Waterview Drive, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. • City Attorney introduced the above referenced case. 2 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD MAY 15, 2007 Code Enforcement Officer McMinamen presented the details of the case and read the violation summary as follows: You are in violation of the referenced section of the City of Clermont Code of Ordinances due to the accumulation of, which includes but is not limited to, boards, blocks, buckets, vehicle jacks, pipes, large tree trunk, plastic tarp, work bench, wheel barrow, large pieces of metal, and a `moving' dolly, plus sections of the property are extremely overgrown with tall grass and weeds. Compliance of this violation will be when the premises have been completely cleaned of the items mentioned above, and the like, except for those that can be stored in an enclosed building, then all excess vegetation shall be uniformly trimmed and mowed, and all clippings removed from property. 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 (30 days) in order to comply. Ms. Brown said the Staff is recommending a fine of $150.00 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. Stephen V. Weaver, Jr, of 2149 S. Waterview Drive, Clermont, FL 34711 was sworn in and stated that he has every intention of bringing his property into compliance. He informed the board that he has been very sick for the last month and has yet to get everything cleaned up. He said he is currently unemployed and has had trouble getting the proper tools in order to clean his property. Les Booker made a motion to find fhe Respondent in violation of the cited City code and be given until Ju/y 17, 2007 to comply or be fined at a rate of $50.00 per day' seconded by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation, the time period, and the amount of the fine. CASE NO. 07-338 Stephen V. Weaver, Jr. 2149 S. Waterview Drive Clermont, FL 34711 LOCATION OF VIOLATION: 2149 S. Waterview Drive, Clermont, FL 34711 VIOLATION: Ordinance No. 36-C, Chapter 34, Section 34-95. Unlawful Storage in • Residential Areas. 3 • CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD MAY 15, 2007 City Attorney introduced the above referenced case. Code Enforcement Officer McMinamen presented the details of the case and read the violations summary as follows: 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 cargo trailer in high weeds holding 12 or more used tires, a partial dune-buggy frame, an empty cargo trailer in high grass, a 4-door car sitting in high grass with assorted litter beneath it, an unpainted jeep with no tag or windshield and a used tire in the backseat area, a car dolly sitting in high grass, a 2-door car in high grass with broken rear windshield, beside amotor- coach with an open front hood, all of which are stored behind the dwelling, while in the front driveway area there are 2 or more motorcycles, a green pick-up truck sitting on jacks, and 2 small customized roadster type vehicles in addition to another similar styled vehicle placed in one of the quonset-style tents in the back yard. Compliance of this violation will be when all of the above referenced vehicles, other prohibited items, and the like, are completely removed from the property or properly stored within a completely enclosed building. 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 (30 days) in order to comply. Ms. Brown said the Staff is recommending a fine of $250.00 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. Stephen V. Weaver, Jr. of 2149 S. Waterview Drive, Clermont, FL 34711 was sworn in and stated he has made some progress in cleaning up his yard. He has plans to move some of his vehicles to storage and the clean-up should be finished soon. He asked the Board for more time in order to bring his property into compliance. Terry Felder made a motion to find the Respondent in violation of the cited City code and be given until July 17, 2007 to comply or be fined at a rate of $50.00 per day,. seconded by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation, the time period, and fhe amount of the fine. CASE NO. 07-339 Richard J. Klaas, Trust 505 7t" Street Clermont, FL 34711 4 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • MAY 15, 2007 LOCATION OF VIOLATION: 550 W. Juniata Street, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76. Unlawful Building Due to Lack of Maintenance. City Attorney introduced the above referenced case. Code Enforcement Officer McMinamen presented the details of the case and read the violation summary as follows: You are in violation of the referenced section of the City of Clermont Code of Ordinances due to the extensive damage of the dwelling apparently caused by abandonment and inadequate maintenance, leaving the structure in such condition as to be deemed a public nuisance and a hazard to public safety and health. Compliance of this violation will be when this building has been repaired and restored to code in accordance with your submission of properly engineered drawings in order to obtain the required Building Permit to be issued by the Lake County Department of Growth Management, Building Services Division, or the entire structure must be completely demolished and all debris removed from property. 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 July 17, 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. Richard J .Klaas of 505 7th Street, Clermont, FL 34711 was sworn in and stated he has repaired the roof of this structure and can now repair the .rest of the structure. The Respondent claims the house is now secure and no one can enter the house. The Respondent requested sixty days in order to bring his property into compliance. Jim Davern made a motion to find the Respondent in violation of the cited City code and be given until July 17, 2007 to comply or be fined at a rate of $200 00 per dav~ seconded by Bill Gray. The vote was unanimous in favor of finding the Res,nondent in violation, the time period, and the amount of the fine. CASE NO. 07-341 Dwight Litson • 1607 Indian Shores Drive Clermont, FL 34711 5 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD MAY 15, 2007 LOCATION OF VIOLATION: 1607 Indian Shores Drive, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122, Section 14-76. Building Permit Required. City Attorney introduced the above referenced case. Code Enforcement Officer McMinamen presented the details of the case and read the violation summary as follows: You are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, the repairs and replacement of water damaged materials, in addition to the exterior finish of this structure, without first obtaining the. required building permit necessary for these renovations. Compliance of this violation will be when the Zoning Clearance has been obtained from the City of Clermont Planning & Zoning Department and the Building Permit has been obtained from the Lake County Department of Growth Management, Building Services Division, for the work that has been completed, and the work intended to complete this project. 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 July 17, 2007 (60 days) in order to comply. Ms. Brown said the Staff is recommending a fine of $100.00 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. Dwight Litson of 1607 Indian Shores Drive, Clermont, FL 34711 was sworn in and stated that he was not aware he needed a permit and was in the process of repairing the wall himself when he was issued the Violation Notice. He has since received a zoning clearance from the City of Clermont and has applied for his permit thru Lake County Building Department. The Lake County Building Department told the Respondent it will take about two weeks in order to receive his permit. Les Booker made a motion to find the Respondent in violation of the cited City code and be given until July 7 7, 2007 to comply or be fined at a rate of $50.00 per day; seconded Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation, the time period, and the amount of the fine. 6 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • MAY 15, 2007 OLD BUSINESS CASE NO. 07-323 S. W. Williams, LLC 901 12th Street Clermont, FL 34711 LOCATION OF VIOLATION: 901 12th Street, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. City Attorney introduced the above referenced case that was originally heard before the Code Enforcement Board on March 20, 2007. The Respondent has a nuisance case and they were found in violation in March 2007 and given until April 17, 2007 to comply. At the Code Enforcement Board Meeting on April 17, 2007 that they were given an extension for this case until May 15, 2007. The Respondent also has a case (07-325) that was heard on March 20, 2007 that was given until June 19, 2007 to comply that • involved Outdoor Uses Being Screened from View. .Another case for the Respondent 07-324 was complied and closed. The City Attorney said the Respondent and their Council was present Ms. Allison Strange, Attorney for S. W. Williams, LLC, stated her clients are very diligently working on bringing their property into compliance. Ms. Strange said her client has hired a landscaping company in order to help with clean-up. They have done a great amount of cleaning around their property and they want the Board to understand that some of the items that will be left in the yard is due to the nature of the business. They are unable to locate a survey for their property in order to bring it to the City of Clermont in order to get the permit for their fencing. They said they should have a survey in three days. They would like to be given ninety days to comply on this case and also be given more time on case number 07-325. Les Booker made a motion to allow the Respondent be piven extension until August 21, 2007 to comply on this case and case no. 07-325; seconded by Joe Janusiak. The Board also requested a written status report be piven to them on July 17; 2007. The vote was unanimous in favor the extension. r: 7 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • MAY 15, 2007 NEW BUSINESS CASE NO. 07-336 Dwarkanand & Kay Mahanand 501 Ridgewell Way Montgomery, MD 20902 LOCATION OF VIOLATION: 470-474-478-482 W. Hwy 50, Clermont, FL 3471.1 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. Case will not be heard due to lack of signed receipt for notice. CASE NO. 07-340 Marie Fields Heirs c/o Felicia Bailey 723 Chanson Drive SW • Marietta, GA 30064 LOCATION OF VIOLATION: 1029 Lake Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. City Attorney introduced the case. Code Enforcement Officer McMinamen presented the details of the case and read the violation summary as follows: You are in violation of the referenced section of the City of Clermont Code of Ordinances due to, but not limited to, the accumulation of weeds and high grass that have grown to exceed a height of three (3) feet in certain areas, and spilling over the curb onto the street. Compliance of this violation will be when the entire premises have been returned to a condition met with custom and usual maintenance, clean of all excess vegetation, uniformly trimmed and mowed, with all clippings removed from the property. Code Enforcement Officer McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken. Ms. McMinamen stated this property has received written notice on numerous occasions, but each time the • Respondent brought the property into compliance before the hearing date. 8 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • MAY 15, 2007 City Attorney asked the Respondent be given until June 19, 2007 (30 days) in order to comply. Ms. Brown said the Staff is recommending a fine of $150.00 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. The Respondent was not present. Les Booker made a motion to find the Respondent in violation of the cited City code and be given until June 19, 2007 to comply or be fined at a rate of $150.00 per day; seconded by Joe Janusiak. The vote was unanimous in favor of finding the Respondent in violation, the time period, and the amount of the fine. OLD BUSINESS CASE NO. 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. Code Enforcement Officer McMinamen said this case complied and will not be heard. OTHER BUSINESS CASE NO. 07-320 Prakai & Vannee B. Pachiratana 15456 Margaux Drive Clermont, FL 34711 LOCATION OF VIOLATION: 158 W. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122 Section 122-344 (a). Building Permit Required • A progress report was given out to the Board for their review per their request. 9 CITY OF CLERMONT MINUTES CODE ENFORCMENT BOARD • MAY 15, 2007 CASE NO. 06-310 Vivienne F. Henry 958 Bloomington Court Ocoee, FL 34761 LOCATION OF VIOLATION: 677 W. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14 Section 14-76 (12). Unsafe Building Due to Fire & Deterioration. A progress report was given out to the Board for their review per their request. CASE NO. 06-311 Vivienne F. Henry 958 Bloomington Court Ocoee, FL 34761 • LOCATION OF VIOLATION: 677 W. Highway 50, Clermont, FL 34711 VIOLATION: Ordinance No. 281-C, Chapter 122 Section 122-344 (a). Building Permit Required A progress report was given out to the Board for their review per their request. There being no further business, the meeting was adjourned. Attest: J y s, Code En rcement Clerk • Purvis, Chairman 10