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08-19-2003 Regular Meeting• CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 The regular meeting of the Code Enforcement Board was called to order on Tuesday, June 17, 2003, at 7:00 p.m. Members attending were Joe Janusiak, Paul Lienard, David Outlaw, Sharon Martin, Alvin Schein and Vern Schneider. Also attending were Betty McMinamen, Code Enforcement Officer, Robert Guthrie, City Attorney and Jane C. McAllister, Code Enforcement Clerk. The minutes from the Code Enforcement Board meeting of June 17, 2003 were approved as written. Chairman Paul Lienard gave the floor to Code Enforcement Officer Betty McMinamen. Code Enforcement Officer Betty McMinamen announced that the first two items on the agenda Case No. 03-55 and Case No. 03-56 have complied and would not be heard. NEW BUSINESS CASE NO. 03-57 CASE NO. 03-58 Wal-Mart Stores East, Inc. CIO Ms Adele Lucas 2001 S.E. 10th Street Bentonville, AR 72716-0550 LOCATION OF VIOLATION: 1705 S. Grand Highway, Clermont, FL 34711 VIOLATION: 03-57: City of Clermont Code of Ordinances Unsafe building due to lack of Maintenance. 03-58: City of Clermont Code of Ordinances Unlawful Maintenance of Nuisances. No. 249-C, Chapter 14, Section 14-76 No. 232-C, Chapter 34, Section 34-61 Code Enforcement Officer Betty McMinamen stated that the owner of the property and the City of Clermont reached and agreement this date that would allow the Clermont Fire Dept. and Police Dept. to use the building for training purposes and then the owner would have the remainder demolished and cleared. Ms McMinamen asked to Board to find Walmart in violation of City Ordinances. Gregory Lee, Attorney for Wal-Mart, 215 N. Eola Dr., Orlando, FL said that the agreement with the City was reached this afternoon. He asked for a ninety (90) day extension in order to allow the Police and Fire Depts. to do their training exercises for approximately 60 days and the additional 30 days to have the debris cleared. Mr. Lee • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 2 - • added that Asst. Fire Chief Paul Anderson had informed him that if there was asbestos present in the structure they would not be able to burn it, but would use it for other drills. CASE NO. 03-57 Sharon Martin made a motion to find the Respondent in violation of the cited code. Alvin Schein seconded the motion. The vote was unanimous for finding the Respondent in violation. Sharon Martin made a motion to allow the Respondent until November 18 2003 to comply or be fined at the rate of $250.00 per day until compliance is met. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the tine. CASE NO.03-58 Sharon Martin made a motion to find the Respondent in violation of the cited code. Alvin Schein seconded the motion. The vote was unanimous for finding the Respondent in violation. Sharon Martin made a motion to allow the Respondent until November 18 2003 to comply or be fined at the rate of $250.00 per day until compliance is met. Alvin Schein seconded the motion. Tt~e vote was unanimous in favor of the time limit and fhe fine. CASE NO. 03-59 CASE NO.03-60 CASE NO. 03-61 Thomas Smail 500 Shady Nook Lane Clermont, FL 34711 Unlawful Storage in Residential Area Unlawful Maintenance of Nuisances Minimum Housing Standards LOCATION OF VIOLATION: 991 Montrose St., Clermont, FL. VIOLATION: 03-59 City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34-95. Unlawful Storage in Residential Areas. 03-60 City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. 03-61 City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14-76. Minimum Housing Standards. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 3 - Code Enforcement Officer Betty McMinamen read the violations and presented photos showing that compliance has not been met. Thomas Smail, 500 Shady Nook Lane, Clermont, FL 34711 was sworn in and said that all of the tires that were in the yard are gone and that the grass was mowed late this afternoon. He said he can't evict his tenants, and that it is their fault that the electricity was shut off because they didn't pay the bill. David Outlaw asked Mr. Smail if the tenants were week to week or rented monthly, Mr. Smail replied that they were week- to-week tenants, but that it would take him four (4) weeks to have them evicted. CASE NO.03-59 David Outlaw made a motion to find the Respondent in violation of the cited code. Joe Janusiak seconded the motion. The vote was unanimous in favor of finding the Respondent in violation. Brandy Wade, 500 Shady Nook Drive, Clermont, FL raised her hand and asked to be heard. Ms. Wade was sworn in and said that she lives with Thomas Smail and handles his business transactions. She stated she did not understand why he is being found in violation when the problems have been taken care of and the tenant situation is not his fault. David Outlaw explained to Ms. Wade that when Code Enforcement Officer Betty McMinamen checked on the progress of the clean up on Monday August 18, 2003, the violations still existed. Therefore, there is no compliance and Mr. Smail will be found in violation. If the violation has indeed been complied since then there will be no consequences to Mr. Smail. David Outlaw made a motion to allow the Respondent until September 16 2003 to comply or be freed at the rate of $50.00 per week. Joe Janusiak seconded fhe motion The vote was unanimous in favor of the time limit and the fine. CASE NO. 03-60 David Outlaw made a motion to find the Respondent in violation of the cited code Joe Janusiak seconded the motion. The vote was unanimous for finding the Respondent in violation. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 4 - • • David Outlaw made a motion to allow the Respondent until September 16. 2003 to comply or be fined at the rate of $50.00 per week. Joe Janusiak seconded the motion. The vofe was unanimous in favor of the time limit and the fine. CASE N0.03-61 David Outlaw made a motion to find the Respondent in violation of the cited code. Joe Janusiak seconded the motion. The vote was unanimous for finding the Respondent in violation. David Outlaw made a motion to allow the Respondent until September 16, 2003 to comply or be fined at the rate of $50.00 per week. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the Erne. CASE NO. 03-62 CASE NO. 03-63 Martin Wright Estate c/o Macie Griggs Wright P.O. Box 120444 Clermont, FL 34712 Unsafe Building Due To Lack Of Maintenance. Unlawful Maintenance of Nuisances. LOCATION OF VIOLATIONS: 775 E. Juniata Street, Clermont, FL 34711 VIOLATIONS: 03-62 City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14-76(12) Unsafe Building Due To Lack of Maintenance. 03-63 City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. Code Enforcement Officer Betty McMinamen read the violations and stated that the owner wanted to have the structure burned by the Clermont Fire Department, but that the Fire Department must have a certificate stating there is no asbestos in the structure before they can use it for a practice burn. Macie Wright, 969 Chestnut Street, Clermont, FL., was sworn in and stated that she does not know how to handle this problem and asked the Board for guidance. . C/TY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 5 - Code Enforcement Officer Betty McMinamen suggested that Mrs. Wright hire a demolition contractor who would take care of everything involved in preparing the structure for demolition and permitting. Mrs. Wright said she already has a permit which expires in January 2004, and that she can not afford to pay any fines. CASE NO. 03-62 Sharon Martin made a motion to find the Respondent in violation of the cited code. Alvin Schein seconded the motion. The vote was unanimous in favor of finding the Respondent in violation. Linda Hall, 11250 Buckhill Lane, Clermont, FL. asked to speak and was allowed to do so. Ms. Hall was sworn in and stated that she is trying he help Mrs. Wright with her problem because Mrs. Wright did not understand all the paper work that was sent to her and that Mrs. Wright was in no position to be able to pay fines .and asked that the Board • show some leniency. Sharon Martin made a motion to allow the Respondent until Janua-y 20, 2004 to comply or be fined at the rate of $1.00 per week. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. Martin Wright Jr., 1390 Buckingham Drive, Hampton, GA 30228 asked to speak and was allowed to do so. Mr. Wright was sworn in and explained that there are many heirs and that Macie Wright could not handle things herself. He asked to be copied on everything so that he could notify the other heirs. CASE NO. 03-63 Sharon Martin made a motion to find fhe Respondent in violation of the cited code. Joe Janusiak seconded the motion. The vote was unanimous in favor of finding the Respondent in violation. Sharon Martin made a motion to allow the Respondent until January 20 2004 to comply or be fined at the rate of $9.00 per week. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. Chairman Paul Lienard pointed out that anyone could afford to pay a fine of $1.00 per week and the violation could remain forever. • C/TY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 6 - City Attorney Robert Guthrie pointed out that there didn't necessarily have to be a fine associated'with finding the Respondent in violation, and that one could be assessed at a future date. David Outlaw made a motion to rescind the motion and fhe vote on the fine for CASE NO. 03-62. Joe Janusiak seconded the motion. The vote was unanimous to rescind the previous motion and vote. Sharon Martin made a motion in CASE NO. 03-62, to allow the Respondent until January 20. 2004 to comply or be frned at the rate of $200.00 per month. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE NO.03-64 CASE NO. 03-65 CASE NO. 03-66 • Reuben Jamison c/o Shirley Risher PR 201 Gadsden Loop Waterboro, SC 29488 Minimum Housing Standards Unlawful Maintenance of Nuisances Unlawful Storage In Residential Areas LOCATION OF VIOLATIONS: 790 E. Juniata Street, Clermont, FL 34711 VIOLATIONS: CASE NO. 03-64: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14-76(3). Minimum Housing Standards. CASE NO. 03-65: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61. Unlawful Maintenance of Nuisances. CASE NO. 03-66: City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34-95. Unlawful Storage in Residential Areas. Code Enforcement Office Betty McMinamen read the violations and stated that there does not appear to have been any attempt to comply with code. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 7 - Shirley Risher, 201 Gadsden Loop, Waterboro, SC, 29488 was sworn in and stated that she is the representative for the estate of Reuben Jamison, and that when the notice of violations arrived she was out of town. She said she needs time to address the violations and asked for six (6) months. CASE NO.03-64 David Outlaw made a motion to end the Respondent in violation of the cited code. Alvin Schein seconded the motion. The vote was unanimous for finding the Respondent in violation. David Outlaw made a motion to allow fhe Respondent until November 18, 2003 to comply or be fined at the rate of $250.00 per week. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE NO. 03-65 David Outlaw made a motion to find the Respondent in violation of the cited code. Alvin • Schein seconded the motion. The vote was unanimous in favor of finding the Respondent in violation. David Outlaw made a motion to allow the Respondent until September 16, 2003 to comply or be fined at the rate of $100.00 per week. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE NO. 03-66 David Outlaw made a motion to find fhe Respondent in violation of the cited code. Alvin Schein seconded the motion. The vote was unanimous in favor of finding the Respondent in violation. David Outlaw made a motion to allow the Respondent until September 16, 2003 to comply or be fined at the rate of $100.00 per week. Alvin Schein seconded the motion. The vote was unanimous in favor of the time limit and the fine. OLD BUSINESS CASE NO. 03-23 Existing Unsafe Building Due To Fire. Irene Abrahams, • P.O. Box 120404 Clermont, FL. 34712 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 8 - LOCATION OF VIOLATION: 847 Disston Ave, Clermont, FL 34711 There was no representation in this case, therefore the case was not heard. CASE NO. 03-45 Property Maintenance Per Approved Site Plan. Burger King Corporation #2170, Attn: Legal Dept. 5505 Blue Lagoon Drive Miami, FL 33126 LOCATION OF VIOLATION: 780 E. Highway 50, Clermont, FL 34711 There was no representation in this case, therefore the case was not heard. • CASE NO. 03- 48 Storage of Recreational (Cargo) Trailer. CASE NO. 03-49 Unlawful Maintenance of Nuisances. Elisha & Maime Pace, Sr. 733 E. Minneola Ave, Clermont, FL. LOCATION OF VIOLATION: 733 E Minneola Ave., Clermont, FL 34711. Elisha Pace, 733 E. Minneola Ave., Clermont, FL 34711 was sworn in and asked for an additional thirty (30) days to comply. Alvin Schein made a motion to extend the lien start date to September 76 2003. Joe Janusiak seconded the motion. The vote was unanimous in favor of the extension. CASE NO. 03-51 Permitted Uses Must Be Enclosed. CASE NO. 03-52 Unlawful Maintenance of Nuisances. James C. & Bobbi Jean Williams, • 1039 W. Juniata St., Clermont, FL 34711. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 9 - LOCATION OF VIOLATION: 1039 W. Juniata Street, Clermont, FL 34711 Jimmy Williams, 775 W. Osceola Street, Clermont, FL., was sworn in and asked for an An additional ninety (90) days to complete the clean up. Sharon Martin made a motion to extend the lien start date to November 18 2003. Joe Janusiak seconded the motion. The vote was unanimous in favor of the extension. OTHER BUSINESS -REQUESTS TO BE HEARD CASE NO. 02-38: Minimum Housing Standards. Willie C. Chandler 532 Broome Street, Clermont, FL 34711 • LOCATION OF VIOLATION: 386 Chestnut Street, Clermont, FL 34711 Code Enforcement Officer Betty McMinamen stated that the fine started on June 17, 2003 and that Mr. Chandler reached compliance on August 18, 2003. The total owed for that time period is $2,250.00. There was no Code Enforcement meeting in July so Mr. Chandler did not have the opportunity to ask for an extension of the lien date. Willie Chandler, 532 Broome Street, Clermont, FL 34711 was sworn in and stated that he was very appreciative of the time he was given to reach compliance, but asked if the fine could be lowered or forgiven. A_Ivin Schein made a motion to lower the tine to $100.00 total. Joe Janusiak seconded the motion. The vote was unanimous in favor of lowering the fine to $100.00. CASE NO. 03-31 Unlawful Maintenances of Nuisances. CASE NO. 03-32 Unlawful Storage in Residential Areas. Joseph and Nancy Washuta, 847 W. Minneola Avenue, Clermont, FL. . LOCATION OF VIOLATION: 847 (845-849) W. Minneola Ave., Clermont, FL. 34711 • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD August 19, 2003 Page - 10 - Joseph Washuta, 966 W. Juniata St., Clermont, FL 34711 was sworn in and stated that the tall weeds he was cited for were planted by him to insure his privacy and that the plastic buckets strewn about were containers he uses for planters and mixing compost. He went on to produce photos of violations he found all around town and suggested that the City address these other violations and leave him alone. There was discussion about what portion of a shed that Mr. Washuta uses to store items in was on his property, and how much was on property that he sold to his neighbor. Since there was no evidence to show this Mr. Washuta was asked to bring in a copy of his survey showing his property lines. CASE NO. 03-32 David Outlaw made a motion to find that compliance has been mef and to waive the fine. Alvin Schein seconded the motion. The vote was unanimous in favor of finding • compliance and waiving the Erne. CASE NO. 03-31 Alvin Schein made a motion to continue this case until September 76, 2003 at which time Mr. Washuta will appear with a survey of his property. Joe Janusiak seconded the motion. The vofe was unanimous for continuing the case. There being no further business, the meeting was adjourned. Paul Lienard, hai man Attest: ~~, ~ ,, ~~~r~~ ~G~i ~~~J~~--- ~~ /,:J~fie C. McAlli~r, bode Enforcement Clerk >~ •