09-19-2000 Regular Meeting• •
CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
September 19, 2000
The regular scheduled meeting of the Code Enforcement Board was called to order on
Tuesday, September 19, 2000, at 7:00 p.m. Members attending were Vernon
Schneider, John Atwater, Joe Janusiak, Martin Wright, and Paul Leinard. Members
Ernie Waters and Betty Schrader were absent. Also attending were Robert Guthrie,
City Attorney, Jeff Jones, Code Enforcement Officer, Barry Brown, Director of Planning,
Mimi Ogden, Planner I, and Jane C. McAllister, Code Enforcement Clerk.
CASE NO. 00-05
Steve Pruitt
P.O. Box 561537
Orlando, FL 32856
Code Enforcement Officer, Jeff Jones reiterated the motion from the last meeting which
stated that the matter of Steve Pruitt was to be taken under advisement until the next
meeting which is today. The parties involved met, and it was decided that Mr. Wert and
Mr. Pruitt should work together to clean up the area involved and split the cost of
cleanup and dumping fees. The City offered the use of a truck to take the trash to the
dump. Subsequently the City Manager met again with Mr. Pruitt and it was determined
that the City would share the cost of the dumping fee. As of today quite a lot of the trash
has been removed but there still remains quite a bit of trash on the site.
Director of Planning, Barry Brown said that some progress has been made but that
there was still a lot of garbage, some on the city right-of-way and some on Mr. Wert's
property. He said that he had met with Mr. Pruitt who stated that Mr. Wert conveyed to
him that he did not want anyone on his (Mr. Wert's) property to remove the trash. He
recommended that this matter be tabled to a date certain, November 21, 2000, so that
there could be a resolution to the problem.
John Wert, 2127 Citron Court, Clermont, FL, Gene Pruitt, 623 N. Lakeview, Winter
Garden, FL, Steve Pruitt, 2812 Dawley St., Orlando, FL. were sworn.
Mr. Wert stated that he intended to clean up his property and put up a fence to prevent
further dumping on the site.
Barry Brown asked Mr. Wert what he intended to do about the trash on the city right-of-
way. Mr. Wert replied he did not intend to clean the right-of-way.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
September 19, 2000
Page - 2 -
Mr Schneider asked Mr. Wert why he did not allow Mr. Pruitt and the City to clean his
property.
Mr. Wert replied that under the advice of his personal attorney he would clean his own
property.
Gene Pruitt stated that they pulled out mountains of trash and that there was no way to
get all the trash out of there. He stated that the Pruitts had gotten their fair share of
trash out.
Mr. Atwater commented that it seems that the bone of contention is the City right-of-
way. Mr. Gene Pruitt agreed with that.
Mr. Schneider wanted to know why the City didn't pick up what is on their right-of way.
Barry Brown explained that you are responsible for City right-of-way that is adjacent to
your property.
Joe Janusiak expressed the opinion that the City should not be paying part of the cost
to clean up this trash.
Steve Pruitt asked to be recognized and proceeded to show the Commission before
and after photos of his property. He feels he has done his fair share to clean up the
property.
Joe Janusiak made a motion to table this matter until November 21, 2000 and hopefully
there would be an amicable conclusion worked out by then. John Atwater seconded the
motion which was approved by a unanimous vote.
CASE NO. 00-08
Ruth K. McCance
P.O. Box 121042
Clermont, FL 34712
LOCATION OF VIOLATION: 1632 East Avenue, Clermont, FL.
VIOLATION: City of Clermont Code of Ordinances, Chapter 34, Section 61,
Enumeration of prohibited items, conditions or actions constituting nuisances.
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C1TY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
September 19, 2000
Page - 3 -
Code Enforcement Officer, Jeff Jones presented the case stating that staff
recommends that the defendant be required to have the Lake County Building
Department perform a detailed building inspection of all structures on the property
within 3 weeks from the date of this code board meeting. The findings of this inspection
shall be submitted in writing, on Lake County letterhead, signed by the inspector and
addressed to the City of Clermont Code Enforcement Officer. The purpose of this
inspection is to determine whether the existing structures meet the requirements of the
Southern Standard Building Code. If not, a complete listing of deficiencies shall be
included in the County's report. The identified deficiencies must be corrected and
approved by the City and Lake County within four months from the date of the County's
report.
The violation was read by Paul Leinard to the Commission.
Jeff Jones asked the Commission to take note of the Fire Report that was enclosed
with the case information. He also informed the Commission that Mrs. McCance had
passed away and that the property was in probate. In addition, he submitted photos to
the Commission so they could see the dilapidated state the building is in. He explained
that Mrs. Turley would be the owner once the property was through probate.
Martha Turley, and Robert Turley, 1632 East Avenue, Clermont, FL were sworn in.
Barry Brown stated that the Turleys occupy the house in question. The Turleys denied
that they do and stated that they are in the process of moving and are at the house to
clean it out.
Paul Lienard asked the Turleys if they would agree to an inspection by a Lake County
inspector. They replied that they would, but asked for an extension in the time allowed
to take care of the deficiencies. The Turley additionally asked if they could have until
the next Code Board meeting to order the inspection.
Several neighbors of the Turleys asked to be sworn to speak. Frank Bergoff, 121 W.
Minnehaha Ave, Rita Burgoff, 121 W. Minnehaha Ave, and Sterling Frey, 1647 First
Street, Jackie Frey, 1647 First Street, (illegible) 1640 East Avneue.
Sterling Frey asked what would happen if the property was not brought up to code in
four months after the inspection.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
September 19, 2000
Page - 4 - .
Jeff Jones replied that he would ask that it be demolished.
Mr. Bergoff commented that this problem has existed for years and that beyond being
an eyesore, there are vermin and other animals at the site,and that it is polluting the
neighborhood.
The Turleys denied that the problem has existed for years.
Jeff Jones was asked when his correspondence with the owner of the site started. He
replied that his first letter to Martha Turley was in 1996.
Jackie Frey said that the Turleys were in fact living in the house. She further stated that
there are maggots all over the place and cans of cat food all over the yard.
The Turleys again denied living there but then stated that when they did move from
their previous address they had a lot of furniture and other things -and stored them in
the carport at this property. Mr. Turley stated that they put a black vinyl cover over the
carport to block the view from the neighbors, but that it got mildewed. He stated further
that he hasn't seen any snakes on the- property, and that the rats are there because of
Mr. Frey's birds.
Mr. Turley said that they feed the neighbors cats in addition to their two cats.
Jeff Jones recommended that according to the Fire Marshal's Report the site is a major
fire hazard and therefore the Commission should go along with the staff
recommendation to see if the buildings are structurally sound.
City Attorney, Robert Guthrie suggested to the Commission that due to the evidence
presented they should find the owners in violation and have the inspection done by
Lake County to determine if in fact the buildings are dilapidated.
Sterling Frey stated that the house had been vacant for approximately 10 years and
that during that time the pipes froze and broke, and that it couldn't be fit for habitation.
Jeff Jones stated that due to the testimony given he believed that an inspector could be
brought in and that the Commission could then determine what action should be taken.
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CITY OF CLERMONT
MINUTES
CODE ENFORCEMENT BOARD
September 19, 2000
Page - 5 -
A motion was made by Vernon Schneider to qo ahead with the staff recommendation
and have the structures inspected by a Lake County Building Inspector within 3 weeks
from this date The results will be discussed at the next meeting of the Code Board on
November 21 2000. The motion was seconded by John Atwater and approved
unanimously.
Jeff Jones told Mr. Turley to call the Lake County Building Department for an
appointment to have an inspector come to inspect the property within the next three
weeks.
Mr. Frey asked if the work isn't completed within the allotted time frame what the
penalties would be. Jeff Jones replied that would be discussed at the next meeting
when the Code Board has the Lake County inspectors report.
Mr. Turley asked what would happen if the property was sold in the meantime.
Mimi Ogden replied that the Order from tonight would be recorded with the county so
that anyone who wanted to buy the property would be aware that this proceeding was in
progress and of the condition of the property. The new owner would then be
responsible for any repairs necessary.
MINUTES of the meeting held August 15, 2000 were approved as presented..
There being no further business, the meeting was adjourned.
Paul Lienard, Ch irman
Attest:
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e C. McAllister„Code Enforcement Clerk