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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. • • 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. • • 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. • • 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. • • 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: l -~ / ~f' /'~f/ /' l`- ~, ~ e~~-f R / ~/G Wit= `.~ t % ! e C. McAllister„Code Enforcement Clerk