08-15-2000 Regular Meeting• •
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
August 15, 2000
The regular scheduled meeting of the Code Enforcement Board was called to order on
Tuesday, August 15, 2000, at 7:00 p.m. Members attending were Vernon Schneider,
John Atwater, Joe Janusiak, Betty Schrader, and Martin Wright. Members Ernie
Waters and Paul Leinard were absent. Also attending were Robert Guthrie, City
Attorney, Jeff Jones, Code Enforcement Officer, Barry Brown, Director of Planning, and
Jane C. McAllister, Code Enforcement Clerk.
MINUTES of the meetings held April 18, 2000 were approved as presented.
CASE NO. 00-05
Steve Pruitt
P.O. Box 561537
Orlando, FL 32856
LOCATION OF VIOLATION: Across from Roane Road apartments on the right-of--way and
down the hill.
VIOLATION: City of Clermont Code of Ordinances, Chapter 34, Section 34-95, Prohibition
of storage within residential areas.
Code Enforcement Officer Jeff Jones presented the case stating that as the defendant
could not attend the Code Enforcement Board meeting held April 18, 2000, the
defendant has requested a rehearing of the case. Staff recommends the fine of
$100.00 per day that has accrued since May 20, 2000 be cleared and that the
defendant be given until August 8, 2000 at 5:00 p.m. to remove any dismantled,
partially dismantled, non-operative, or discarded machinery, appliances, vehicles,
boats, or parts thereof, scrap metal, junk, or trash. Should the defendant fail to comply,
a fine of $100.00 per day be imposed, starting August 9, 2000, until the violation has
been cleared.
Jeff Jones submitted pictures of the area in question, in order to establish the location
of the property in violation for the Board. He then submitted a letter from Town &
Country Refuse, whom the defendant uses for trash collection at the Roane Road
apartments. The letter indicated what material cannot be put in a commercial/residential
dumpster. That letter becomes part of these minutes. Any materials over and above
what is allowed normally would incur an extra charge.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
August 25, 2000
Page 2
City Attorney, Robert Guthrie asked that the pictures already presented along with the
letter from Town & Country Refuse become part of the record.
Jeff Jones then proceeded to present pictures which were dated, of several items lying
around the dumpster. He asked Mr. Steve Pruitt if all the apartments were rented at this
time. Mr. Steve Pruitt replied that they were. Jeff Jones then said that the size dumpster
that is there should be sufficient to serve the fourteen apartments for trash collection.
Jeff Jones then presented a series of pictures of the right-of-way across from the
Roane Road apartments where the bedsprings, sofa, chairs, shopping carts, car parts,
televisions, and other items are on the hill. These are all things that would require a
special pick up from Town & Country Refuse.
John Atwater asked who owns the property on which these items have been left. Jeff
Jones replied that it belongs to John Wert. Mr. Jones explained that Minneola Avenue
is directly to the north of Roane Road and that the rear of the houses on Minneola
Avenue are affected by the trash being thrown down the hill.
Jeff Jones then presented written affidavits from the people who live on Minneola
Avenue and who have complained about the condition of the property directly behind
their property. Anyone present who wished to speak on the matter was asked to be
sworn in at this point. Those sworn in were as follows, Mary Boney, 749 E. Minneola
Ave., Mamie Pace, 733 E. Minneola Ave., Watson Dority, 722 E. Minneola Ave., Dean
Evans,159 Linden Street, Gene Pruitt, 623 N. Lakeview Ave., Winter Garden, Steve
Pruitt, 2812 Dawley St, Orlando, John Wert, 2127 Citron Court, Clermont.
Mary Boney went on to testify that she has observed a Mr. Price, who cleans the
apartments when someone moves out, throw trash down the hill.
Mamie Pace testified that she has not only observed people throwing trash down the
hills, but has approached them and told them not to throw it down. She further stated
that she has personally gone up and moved things across the street where they came
from but that it is too much for her to do.
Mr. Watson Dority testified that he has seen people throwing trash down the hill.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
August 25, 2000
Page 3
Jeff Jones then asked Mary Boney about a time she had occasion to call the police in
reference to people dumping trash. It was on Feb. 23, 1999. At that time Ms. Boney
made a written statement to the officer. The next occasion Ms. Boney called the police
was on March 13, 2000. A police report was made and the matter was turned over to
Code Enforcement. The police report was submitted as evidence. Mary Boney testified
she observed Mr. Price throwing the trash down the hill.
Willereen Philbert, 753 E. Minneola Avenue, Clermont, was sworn in and testified that
she was present and observed people throwing trash down the hill the time that Ms.
Boney called the police on March 13,2000. She further stated that at that time she
witnessed Gene Pruitt, the apartment manager, and Mr. Price push a refrigerator down
the hill. Ms. Philbert testified that she has seen residents of the Roane Road
apartments throw things down the hill on several occasions.
Steve Pruitt testified that he has put a lot of money into the Roane Road apartments
and would not dump trash across the street from his investment since it would only
lower his property value. He further stated that when things like chairs, sofas, etc. are
thrown out he breaks them up and disposes of them properly. He also said that when
appliances are thrown out he sets them across the street and leaves them there for a
man who collects appliances. He further stated that he was present at the property on
the day that the police were called and that there was no refrigerator moved out that
day. He does not feel it is his responsibility to clean up a piece of property that does
not belong to him.
Jeff Jones read Section 34-62 of the City Code which will become part of this record.
Mr. Pruitt pointed out that the trash is not on his property and it is not his responsibility
to clean it up.
City Attorney, Robert Guthrie asked that the witness affidavits be admitted as evidence.
John Atwater asked Mr. Guthrie what the law is under property owners code
responsibility?
Mr. Guthrie replied that it is the City's position that a landlord has to control his property,
he cannot create a nuisance and allow it to exist there. He further stated that we have
heard testimony here tonight that this property (Roane Road apartments) is a significant
source of the problem to the property across the street, by way of the maintenance
man, by way of the landlord himself.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
August 25, 2000
Page 4
Mr. Schneider stated that he could see how a landlord could be held responsible for his
actions and those of his maintenance man, but he did not understand how a landlord
could be responsible for his residents going off the property and committing a crime.
Mr. Guthrie said not a crime, but a violation of city ordinance is possible. He said we
have had testimony as to the source of the materials and an indication from the
property owner of the apartments that he has participated in it to some degree. The
owner has said he has thrown things into the dumpster that the refuse company will not
take. The reason for this meeting is to get compliance to the city code.
Dean Evans said that for as long as he has been in Clermont, since 1989, until 1996
when he moved to the other side of town, there has been trash dumped at the location
in question.
Steve Pruitt insisted that it is not his mess and he does not believe he should be
responsible for cleaning it up.
Willereen Philbert repeated that she had seen Gene Pruitt and Mr. Price dump trash
recently. She also said she has seen the tenants of Roane Road apartments dump
trash and has asked them not to do that.
Gene Pruitt asked to have one of the witness statements read.
Jeff Jones summarizd what was in Mary Boney's affidavit.
Gene Pruitt asked if Ms. Boney's affidavit names the yardman who threw things over
the fence.
Jeff Jones replied to Gene Pruitt by saying that Ms. Boney testified under oath at this
meeting as to whom she had seen dumping the trash.
Mr. Pruitt expressed frustration at the fact that there is no appeal process with the Code
Enforcement Board.
Jeff Jones said he spoke to Mr. Wert, the property owner, who is trying to get a CUP to
put a landscaping business on the property in question. Mr. Jones said that Mr. Wert
told him that if the property was cleaned up he would be willing to erect a six foot fence,
which should alleviate the problem.
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
August 25, 2000
Page 5
Gene Pruitt reiterated that neither he nor his son or employees throw anything down the
hill.
Martin Wright said that there has been trash dumped on the property in question since
Roane Road apartments have been built.
Mr. Atwater was of the opinion that the property owner was responsible for cleaning his
property, whether he made the mess or not. He suggested that since it seems that the
property owner is not causing the mess that possibly the property owner, Mr. Wert, and
the apartment owner, Mr. Pruitt, could work together to clean up the property.
Mr. Guthrie stated that the City has made its case and Mr. Jones will ask that the Board
find Mr. Pruitt guilty of a violation of the City Code and impose a fine. However, if the
Board would rather give a period of time as an inducement for Mr. Pruitt to see the City
Manager along with Mr. Wert, to see if they can come to an agreement to clear up the
violation and move toward compliance, that would be acceptable.
Mr. Pruitt then suggested that the City should help in cleaning up the property in
question, as it would be too great. of an expense for him and the property owner to
assume. He also asked if there has been a lien placed on his property because of the
violation. He was assured by Jeff Jones that there has been no lien placed on his
property as of now.
Barry Brown then said that he would like to arrange a meeting between himself, the City
Manager, Mr. Pruitt, and Mr. Wert to see if everyone could participate in a solution to
this problem.
A motion was made by Vernon Schneider fo take the situation under advisement until
the next Code Enforcement Board meeting on September 19. 2000, to give those
involved the opportunity to meet and come to an amicable conclusion. The motion was
seconded by Martin Wright. The vote was 4-1 in favor of the motion with Joe Janusiak
voting no.
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
August 25, 2000
Page 6
There being no further business, the meeting was adjourned.
Attest:
--' ~~~~
Pau Lienard, Ch irman
Jane C. McAllister, Code Enforcement Clerk
,i •
The structure shall require a Lake County Building Inspector
perform a detailed building inspection within a three-week
time frame. Therefore, this will determine whether the
structure is capable of being restored to meet compliance
with Southern Standard Building Codes.
If it is determined that the structure cannot meet this
requirement, the owner of the property shall have the
structure demolished within a 60 day time frame. If this
order has not been complied with, then a directive to the
City Manager shall be issued for the City to take action to
immediately have the structure demolished and a lien be
placed on the property to compensate the cost for such
demolition.