Loading...
06-21-1988 Regular Meeting• • CODE ENFORCEMEMT BOARD JUNE 21, 1988 The regular scheduled meeting of the Code Enforcement Board was called to order by Chairman Edward Whitehead. Members attending were Martin Wright, Rev. William McKinney, Emma Higgins and Rev. Edward Ivey. Members Nick Jones and Joseph Wiebush were excused. Also attending were James McAllister Planning Director, Jim McFaddder Code Enforcement Officer and Jane Warren Planning and Zoning Technician. INVOCATION was offered by Rev. Ivey and followed by the Pledge of Alligiance. MINUTES of the meeting held May 17, 1988 and May 23, 1988 were approved as presented. OLD BUSINESS Item No. 1 Case No. 88-09 City of Clermont vs. Bob Wade Request to reduce a fine ordered May 24, 1988 Mr. McAllister advised the Board that the violation was cleared on May 27, 1988. Mr. Wade advised the Board that his engineer had misunderstood the request of the City, requiring him to certify completion of the project as outline in Resolution No. 574. Mr. Wade informed the Board that certification has been obtained and emphasized that it was his intention to uphold the conditions of the Conditional Use Permit. Mr. Wade requested that the Board forego the fine. Mr. McAllister confirmed that there had been a misunderstanding by the engineer, and once clarified, the reclaimation was completed. Mr. Ivey stated that in his opinion that Mr. Wade was making attempts to fulfill the needs and requirements of the Conditional Use Permit. Mrs. Higgins stated she felt Mr. Wade has had plenty of time to reclaim the land properly and felt a fine was appropriate. After further discussion a motion was made by Mr. Ivey to reduce the fine to a total of $500 dollar, seconded by Ed Whitehead and approved by a 3-1 vote. 1 • • Item No. 2. CITY OF CLERMONT A Municipal Corporation Plaintiff, CASE NO. vs. Elisha Pace 733 E. Minneola Avenue Clermont Fla. 32711 Defendant (s). Chapter ilA, Section 16 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS 88-18 No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of j unk . LOCATION: 733 E. Minneola Avenue Referring to the May Code Enforcement meeting, Mr. McAllister stated that Mr. Pace was given 10 days to bring the site into compliance, if the site was not brought into compliance Mr. Pace would be fined $100 per day until the site passed inspection. Mr. McAllister was advised by the City Attorney that the law requires the Code Board to hear the case again if the site is not in compliance within ten (10) days of the order which was May 27, 1988. Mr. McAllister stated that as of May 31, 1988 the site was still not in compliance and suggested that the fine be retroactive to May 27, 1988. Mr. Elisha Pace was present and stated that the vehicles on the premises are going to be restored and will be removed from the premises. After a brief discussion a motion was made by Mr. Wright that Mr. Pace be given until July 19, 1988 to bring the site into compliance. If the violation has not been corrected at the set date a fine of $100 will be imposed for each day of violation continues past the set date. The motion was seconded by Mr. McKinney and approved by a unanimous vote. Item No. 3 CITY OF CLERMONT A Municipal Corporation Plaintiff, vs. Wilmer Pace 580 Highland Avenue Clermont Fla. 32711 CASE NO. 88-19 2 • Chapter 11A, Section 16 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of junk. LOCATION: 580 Highland Avenue Mr. McAllister stated that this case was also heard at the May Code Board and was given ten (10) to correct the violation. Mr. McAllister advised the board that the violation had not been brought into compliance and suggested that a fine be imposed. Mr. Wilber Pace was not present. His father Elisha Pace was present and explained that his son was in town but not present. After a brief discussion a motion was made Mrs. Higgins to fine Mr. Pace $100 a day from May 27, 1988 until the site has been brought into compliance, seconded by Mr. McKinney and approved by unanimous vote. Item No. 3. City of Clermont CASE NO. 88-24 vs. Freddie Lee Collins 495 Desoto Street Clermont Fla. 32711 Chapter 11A, Section 16 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of junk. LOCATION: 495 Desoto Street Mr. McAllister advised the Board that this case was another carry over from the May Code Enforcement meeting. Mr. McAllister stated that one vehicle has been removed from the premises, but one remained. Mr. McAllister suggested that there could be some confusion on Mr. Collins part as to exactly what needed to be removed from the premises. Mr. McFadder stated that Mr. Collins was working with the City to bring the site into compliance and suggested that the board consider such in their decision. After a brief discussion a motion was made by Mr. Ivey to give Mr. Collins until July 15, 1988 to bring the site into compliance. 3 r • NEW BUSINESS Item No. 4 CITY OF CLERMONT A Municipal Corporation vs. Thomas Searles Plaintiff, CASE NO. 88-27 220 Crestview Drive Clermont Fla. 32711 Chapter 11A, Section 16 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of junk. LOCATION: 220 Crestview Drive Mr. McAllister advised the Board that the Police Department was unable to serve Mr. Searles with a subpoena and recommended that this case be tabled. A motion was made by Mr. Ivey to table Case No.88-27, seconded by Mr. Whitehead and approved by unanimous vote. Item No. 5. CITY OF CLERMONT A Municipal Corporation CITY OF CLERMONT A Municipal Corporation Plaintiff, CASE NO. 88-28 vs. Jerry Daniels 1270 Fran Mar Court Clermont Fla. 32711 Chapter 24, Section 4 PARKING, STORAGE OF RECREATIONAL VEHICLES USE FOR SLEEPING PURPOSES It shall be unlawful for any person to park and/or store for a period exceeding twenty-four (24) hours any recreational vehicle upon any lot, piece or parcel of land in the city or upon any street or highway within the city, except when the recreational vehicle is kept in entirely within a closed building or except where such recreational vehicle is parked or stored to the rear of the building set-back line according to the municipal Code of Ordinances of the City of Clermont for the particular zone where the recreational vehicles is parked and/or stored. LOCATION: 1270 Fran Mar Court 4 • • Mr. McAllister stated that the Code which is violated is actually Chapter il, Section 16-A which refers to recreational vehicles the above mentioned violation is Chapter 24, Section 4 which refers to storage of vehicles for sleeping purposes in a residential area. Mr. Daniels stated that he did not own a recreational vehicle for sleeping purposes and felt the violation was issued in error and would resolve it self. Mr. Ivey stated if the wrong violation was stated on the Violation Notice the case should be dismissed and reviewed to determined if an actually violation does exist. A motion was made by Mr. Ivey to dismiss Case No.88-28, seconded by Mrs. Higgins and approved by unanimous vote. Item No. 6. CITY OF CLERMONT A Municipal Corporation vs. Amos Thomas Plaintiff, CASE NO. 88-29 550 E.Juniata Street Clermont Fla. 32711 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of j unk . LOCATION: 766 E. Montrose Street Mr. McAllister informed the board that Mr. Amos had been before the board several times for the same violation and has brought the site into compliance, but the problems appear again requiring additional Violation Notices and hearings. Mr. Thomas was present and stated he would correct the violation in 7 days. After a brief discussion a motion was made by Mr. Wright to give Mr. Thomas until June 28, 1988 to correct the violation, if at this time the violation is not clear the case will be reviewed and a fine will be imposed retroactive to June 28, 1988, seconded by Mr. McKinney. Item No. 7. CITY OF CLERMONT A Municipal Corporation Plaintiff, CASE NO. 88-30 vs. Jimmy Lee Jackson 357 Highland Street ermont Fla. 32711 5 • • Chapter 11A, Section 16 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of j unk . LOCATION: 357 Highland Avenue Mr. McAllister informed the Board that he was in contact with Mr. Jackson for several weeks in an attempt to clear this violation. As of this date the violation is still outstanding. Mr. Jackson was present and stated he would try to work with the City but that he was going to get tags for the vehicles needing them and wants to keep the van to use in his landscape business. Mr. Jackson stated that he wanted to keep any vehicles in need of repair on his property in case he would need them for harvesting watermelons in the summer time. After a brief discussion a motion was made by Mr. Ivey to give Mr. Jackson until July 22, 1988 to remove any of the dismantle vehicles from the properties. Item No. 9. CASE NO. 88-31 John R. Jones 839 Chestnut Street Clermont Fla. 32711 Chapter 11A, Section 16 PROHIBITION OF STORAGE WITHIN RESIDENTIAL AREAS No person shall keep, store or allow to remain on any property within any residential section of the city, any dismantled, partially dismantled, non operative, or discarded machinery, appliances, vehicles, boats or parts thereof, scrap metal of junk. LOCATION: 859 Chestnut Street Mr. Mr. Allister informed the Board that the violation had been cleared as of June 20, 1988 A motion was made by Mr. Ivey to dismiss the case, seconded by Mr. McKinney and approved by unanimous vote. Item No. 10. CITY OF CLERMONT A Municipal Corporation Plaintiff, CASE NO. 88-32 vs. John R. Jones 839 Chestnut Street Clermont Fla. 32711 6 • • Section 11-5. PRESERVATION OF PUBLIC HEALTH AND GENERAL WELFARE It is the duty and obligation of the owner and occupant of all real property in the City to help preserve and protect the public health and general welfare of all residents and their property by keeping their respective lots, parcels or tracts of land in said City, as well as adjacent sidewalks and parkways, free from all filth, trash, weeds, dirt, leaves, grass and rubbish and to keep down by mowing, cutting or removal of same excessive growth of grass weeds and noxious plants. LOCATION: 658-676 West Desoto Street and 960 School Street Mr. McAllister informed the Board that the site has several rental apartments that had not been brought into compliance. Mr. McAllister also advised the Board that the Health Department had been contacted because of the rodents and trash build up on the premises. Mr. McFadder informed the board that the site is deteriorating and that Mr. Jones has not made the necessary repairs. Mr. Jones was not present but had informed Mr. McFadder than he had evicted several tenants who were abusing the apartments and leaving trash on site. After a brief discussion a motion was made by Mr. Ivey to give Mr. Jones until July 1, 1988 to bring the site into compliance, second by Mrs. Higgins and approved by unanimous vote. Item No. 11. CITY OF CLERMONT A Municipal Corporation Plaintiff, CASE NO. 88-33 vs. John R. Jones 839 Chestnut Street Clermont Fla. 32711 Section 11-5. PRESERVATION OF PUBLIC HEALTH AND GENERAL WELFARE It is the duty and obligation of the owner and occupant of all real property in the City to help preserve and protect the public health and general welfare of all residents and their property by keeping their respective lots, parcels or tracts of land in said City, as well as adjacent sidewalks and parkways, free from all filth, trash, weeds, dirt, leaves, grass and rubbish and to keep down by mowing, cutting or removal of same excessive growth of grass weeds and noxious plants. LOCATION: City Block 45 Lots 9, 10, 12, 13, 18, 20 Mr. McAllister informed the Board that there were several abandoned vehicles stoves and refrigerators on site. Mr. McFadder informed the Board that Mr. Jones had spoken to him and stated that the site would be brought in compliance within 2 weeks. 7 After a brief discussion a motion was made by Mr. McKinney to give Mr. Jones to July 1, 1988 to bring the site into compliance, seconded by Mr. Higgins and approved by unanimous vote. There being no further business the meeting was adjourned. Edward Whitehead, Chairman ATTEST: Jane Warren Planning & Zoning Technician 8