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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. • . 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. • • 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. • 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.