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10-21-2003 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 The regular meeting of the Code Enforcement Board was called to order on Tuesday, October 21, 2003, at 7:00 p.m. Members attending were Joe Janusiak, Sharon Martin, Alvin Schein, Vern Schneider and Paul Lienard. David Outlaw was absent. 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 September 16, 2003 were approved as written. Chairman Paul Lienard gave the floor to Code Enforcement Officer Betty McMinamen. Code Enforcement Officer Betty McMinamen announced that agenda needed to be amended and that under "Old Business" Case No. 03-05 would be heard. NEW BUSINESS CASE NO. 03-79 CASE NO. 03-80 • CASE NO. 03-81 Thomas & Catherine S. Smail Jr. 500 Shady Nook Lane Clermont, FL 34711 LOCATION OF VIOLATION: 707 E. Minnehaha Ave., Clermont, FL 34711 VIOLATION: 03-79: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14-76(3). Minimum Housing Standards. 03-80: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122- 344(a) Building Permit Required. 03-81: City of Clermont Code of Ordinances No. 281-C, Chapter 122, Section 122- 349(a)(d) Home Occupation As Accessory to Residence. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 Page - 2 - Code Enforcement Officer Betty McMinamen read the violations and showed photos showing that compliance has not been met. She asked the Board to find the Respondent in violation of the cited City Codes. Paul Lienard asked if the Respondent was present and would like to speak. No one was present to represent the Respondent. CASE NO. 03-79 Sharon Martin made a motion to find the Respondent in violation of the cited City Code. Alvin Schein seconded fhe 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 $200.00 per week until compliance is met .Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and • the fine. CASE NO.03-80 Sharon Martin made a motion to find the Respondent in violation of the cited City 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 $100.00 per week until compliance is met. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE N0.03-81 Sharon Martin made a motion to find the Respondent in violation of the cited City 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 $100.00 per week until compliance is met Alvin Schein seconded the motion. The vote was unanimous in favor of the time limit and the fine. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD _ October 21, 2003 Page - 3 - CASE NO.03-84 CASE NO.03-85 CASE NO. 03-86 Lola Mae Chandler & Nadelynn .Chandler Young 532 E. Broome Street Clermont, FL. 3471,1 LOCATION OF VIOLATION: 833 Scott St., Clermont, FL. VIOLATION: 03-84: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14-76 (3). Minimum Housing Standards. 03-85: City of Clermont Code of Ordinances No. 232-C, Chapter 34, Section 34-61 • Unlawful Maintenance of Nuisances. 03-86: City of Clermont Code of Ordinances No. 36-C, Chapter 34, Section 34-95. Unlawful Storage Within Residential Areas. Code Enforcement Officer Betty McMinamen read the violations and presented photos showing that although there is some improvement, compliance has not been met. Paul Lienard asked if the Respondent or a representative was present, there was not. 03-84: Alvin Schein made a motion to find the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion. The vote was unanimous for finding the Respondent in violation. Alvin Schein made a motion to allow the Respondenf until November 18, 2003 to comply or be f<ned at the rate of $200.00 per week until compliance is met. Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. 03-85: Alvin Schein made a motion to find the Respondent in violation of the cited City Code. • Joe Janusiak seconded the motion. The vote was unanimous for finding the Respondent in violation. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 Page - 4 - Alvin Schein made a motion to allow the Respondent until November 18, 2003 to comply or be fined at the rate of$200 DD per week Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the line. 03-86 Alvin Schein made a motion to frnd the Respondent in violation of the cited City Code. Joe Janusiak seconded the motion The vote was unanimous for finding the Respondent in violation. Alvin Schein made a motion to allow the Respondent until November 18, 2003 to comply or be fined at the rate of $150 00 per week Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE N0.03-87 CASE N0.03-88 • CASE N0.03-89 A & S Automotive Center Inc. Jayesh Varshani c/o Winkworth Consultant, LP, 45 The Mall, Ealing, London, W53TJ LOCAT{ON OF VIOLATION: 898 W. Montrose Street, Clermont, FL. 34711 CASE N0.03-87: City of Clermont Code of Ordinances No.281-C, Chapter 122, Section 122-243(c). Permitted Outside Storage Must Be Enclosed. CASE NO. 03-88: City of Clermont Code of Ordinances No.39-C, Chapter 34-91 & 93. Junkyard Defined and Prohibited. CASE N0.03-89: 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 added that a tremendous amount of the items have been cleared from the property, but that several • items remain and therefore compliance has not been met. • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARq October 21, 2003 Page-5- Paul Lienard asked if the Respondent or his representative were present. Board Member Sharon Martin asked City Attorney Robert Guthrie if she should excuse herself from this case because she had been somewhat involved with the real estate dealings involving this property. She is not presently involved in any way. Mr. Guthrie said that as long as Ms. Martin has no financial interest or does not stand to gain anything from the outcome of the case, it would be permissible for her to vote on this case. Charles H. Niemeyer, 13919 Montevista Road, Clermont, FL 34711 was sworn in and said that most of the vehicles have been removed from the property. He asked what else he was required to do. Code Enforcement officer Betty McMinamen told Mr. Niemeyer that all the items mentioned in the violation notice have to be removed or screened from view. • Mr. Niemeyer said that everything remaining could be moved inside the building except for the oil drums which EPA says may not be in an enclosed building. Wayne Weatherbee, 899 W. Montrose Street, Clermont, FL was sworn in and said that he has worked with Mr. Niemeyer to clean up the property. He said the oil drums can not be stored inside because of fire violations. Mr. Niemeyer said he uses the garage on weekends to do repairs and has renewed his occupational license with the City at the Montrose Street address. He said further that he can move everything inside the building except the oil drums. He asked if that would be sufficient to clear the violations. Betty McMinamen said there were no utilities to the building and so it is unlawful to use the building for commercial purposes, however, if everything was out of view and the lot cleaned up it would be in compliance. Charlene Forth, 939 W. De Soto Street, Clermont, FL. 34711 was sworn in and said she feels that citing A & S Automotive and Bee's Auto is selective enforcement since there are many other apparent violations in the area. She said she had a question that has to be answered on the record tonight and proceeded to asked Betty McMinamen how she came to find the violations on this case. Mrs. Forth asked if she was sent by her • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 Page-6- Supervisor Barry Brown, or by Wayne Saunders or had she just found them while walking down the street. Code Enforcement Officer Betty McMinamen replied that it is not selective enforcement if she is unable to "write every single piece of property every single day". Ms. McMinamen stated that she has done a lot of work downtown and that on July 28, 2003 she was sent by the Planning Director and the City Manager to check out this property because there were code violations on it that needed to be cleaned up. Mrs. Forth thanked Ms. McMinamen stating she just wanted to get that on record. CASE NO.03-87 Alvin Schein made a motion to find the Respondent in violation of the cited City Code Joe Janusiak seconded the motion. The vote was unanimous for finding the Respondent in violation. • Alvin Schein made a motion to allow the Respondent until November 18 2003 to comply or be fined at fhe rate of $100.00 per week until compliance is met Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE NO.03-88 Alvin Schein made a motion to find the Respondent in violation of the cited City Code Joe Janusiak seconded the motion. The vote was unanimous for findina the Respondent in violation. Alvin Schein made a motion to allow the Respondent until November 18 2003 to comply or be fined at the rate of $100.00 per week until compliance is met Joe Janusiak seconded the motion. The vote was unanimous in favor of the time limit and the fine. CASE NO. 03-89 Alvin Schein made a motion to find the Respondent in violation of the cited City Code Joe Janusiak seconded the motion. The vote was unanimous for frnding the Respondent in violation. Alvin Schein made a motion to allow the Respondent until November 18 2003 to comp/v or be fined at the rate of $100 00 per week until compliance is met Joe • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 Page - 7 - Janusiak seconded the motion. The vote was unanimous in favor of the Time limit and the fine. CASE N0.03-91 CASE N0.03-92 Peoples State Bank & Clermont Hospitality, Inc. P.O. Box 38 Groveland, FL 34736 LOCATION OF VIOLATION: Clervue Drive Inn Sign, E. Highway 50, Clermont, FL. 03-91: City of Clermont Code of Ordinances No. 281-C, Chapter 102, Section 102- 16(c)(d). Requirements Not Met To Permit Off-Site Sign. 03-92: City of Clermont Code of Ordinances No. 281-C, Chapter 102, Section 102- 24(b)(5)(8). Continued Existence of Non-Conforming Sign. Code Enforcement Officer Betty McMinamen read the violations and presented photos showing that compliance has not been met. Ms. McMinamen said that :the attorney of record was Jimmy Crawford and that a letter from him admits to the violations and requests ninety (90} days to comply. Ms. McMinamen requested that they be given the ninety (90) days. Paul Lienard asked if the Respondent or a representative was present. There was no one. 03-91 Alvin Schein made a motion fo find fhe Respondent in violation of the cifed City Code. Joe Janusiak seconded the motion. The vofe was unanimous for finding the Respondent in violation.. Alvin Schein made a motion to allow the Respondent until January 20, 2004 to comply or be fined at the rate of $200 00 per week. Joe Janusiak seconded the motion, The vote was unanimous in favor of the time limit and the fine. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 Page-8- 03-92 Alvin Schein made a motion to find the Respondent in violation of the cited City Code Joe Janusiak seconded the motion. The vote was unanimous for finding the Respondent in violation. Alvin Schein made a motion to allow the Respondent until January 20 2004 to comply or be fined at the rate of $200.00 per week until compliance is met. Joe Janusiak seconded the motion., The vote was unanimous in favor of the time limit and the fine OLD BUSINESS CASE NO. 03-21 Joel Casimiro 540 E. Minnehaha Ave. Clermont, FL 34711 • LOCATION OF VIOLATION: 909 Disston Avenue, Clermont, FL 34711 VIOLATION: Ordinance No. 249-C, Chapter 14, Section 14-76(12). Allowing Unsafe Building To Exist. Code Enforcement Officer Betty McMinamen presented photos of the property in question taken at various intervals. She explained that the property was first cited in December of 2002 when it was owned by someone else. She explained that Mr. Casimiro bought the property knowing that there were violations that needed to be addressed. There is compliance with the code and the case has been closed. However, a lien was filed with the County and a fine has accumulated in the amount of $14,600.00. Joel Casimiro, 540 E. Minnehaha Avenue, Clermont, FL 34711 was sworn in and explained that although he bought the property with the violations, he expected to be able to reach compliance much sooner than he actually did. He said he didn't expect to accumulate such a large fine, and asked if the Board would recommend that the City Council remove the lien and forgive the fine. Sharon Martin made a motion to recommend that the City Council forgive the entire lien in the amount of $94,600.00. Paul Lienard seconded the motion The vote was unanimous in favor of the motion. • • CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD October 21, 2003 Page - 9 - CASE NO. 03-05 Ralph Jones c/o Janice Smith 348 First Avenue Groveland, FL 34736 LOCATION OF VIOLATION: 658-660 E Desoto St., Clermont, FL 34711 VIOLATION: City of Clermont Code of Ordinances No. 249-C, Chapter 14, Section 14- 76(3). Minimum Housing Standards. Code Enforcement Officer Betty MCMinamen told the Board that the fine in this case which is $50.00 per week was due to start this date. • Janice Smith, 348 1St Avenue, Groveland, FL 34736, was sworn in and said that she and her husband have painted the building and installed new windows that have already been vandalized. Mrs. Smith asked for an extension of ninety (90) days in order to allow her and her husband to complete the repairs necessary and possibly sell the property. Sharon Martin made a motion to extend the lien start date until January 20 2004 Joe Janusiak seconded the motion. The vote was unanimous in favor of the motion Thomas Smail whose cases were first on the agenda and who arrived late was informed by Code Enforcement Officer Betty McMinamen of the motions in his cases. There being no further business, the meeting was adjourned. r ~~ ~ - --~G~~-'~` ~ ` y~--~~-~.-~ Paul Lienard, Chair an Attest: ,, ~. -, -~~ -z'-~ • e C. McAlliste ,Code Enforcement Clerk